Terms of Service
TERMS OF SERVICE
(Last amended: January 2021)
How It Works
Subscriptions, Purchases and Payment of Revenue
Intellectual Property Rights
Linking to the Website and Social Media Features
Links from the Website
Disclaimer of Warranties; Limitations of Liability
Governing Law and Dispute Resolution Waiver and Severability
In these Terms following terms have the following meanings:
"Chargeback" a bona fide demand by a credit-card provider for FIL to make good the loss the credit card provider has incurred because the User has without justification disputed a purchase for which the User paid for using the User’s credit card;
"Creator" a User who uploads Content on the Website to be viewed by other Users;
"Commission" the amount calculated as a percentage of the Revenue paid by Fans to view a Creator’s User Content or to use the Fan Interaction;
"Incentive Payment" the payments that are made by FIL to Users who introduce new Users to Only Fans, which shall be equal to 5% of all the Commission earned by the referred User.
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"Fan" a User who follows another Creator and views the Creator’s User Content;
"Fan Interaction" any functionality offered by a Creator as part of that Creator’s User Content which is hosted by OnlyFanWWTube which allows a Fan to interact with (as opposed to just view) the User Content and or the Creator.
"OnlyFanWWTube" the social network of Users operating on the Website which enables Users to provide and view User Content and where appropriate, utilise Fan Interaction;
"Payment Provider" any third party approved by FIL which enables a User to make payments or a Creator to receive;
"Payout Options" the instruction given by each Creator to a Payment Provider as to how Commission will be transferred by the Payment Provider to the Creator;
"Refund" the return of monies to a Fan after a bona fide dispute, often issued prior to a chargeback;
"Revenue" the monies paid by a Fan to FIL to view User Content or to use Fan Interaction;
"User" any user of the Website, whether a Creator or a Fan;
"User Account" the section on the Website which can only be accessed by FIL or the User which inter alia details the Payment Provider and Payout Options;
"User Content" any and all photos, videos and other material or facility (including Fan Interaction functionality) uploaded onto the Website by a Creator;
"Wallet Credits" a prepayment made by a Fan to FIL to facilitate access to User Content/Fan Interaction under the terms contained within this agreement.
"Website" the website at onlyfan workwithtube.com.
For clarification: The clause exists so that we may use your content by adding stickers, text, and watermarks, and to make your content available to Users, as well as for other normal operations of our website. We will never sell your content to other platforms.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You shall indemnify FIL, FIL’s licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your User Content. FIL is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website. Upon signing up to workwithtube.com, you also agree to act as custodian of records for the content that you upload to OnlyFanWWTube.com. Any questions regarding User Content can be addressed by emailing firstname.lastname@example.org. DMCA OnlyFanWWTube respects the intellectual property rights of third parties and voluntarily complies with the Digital Millennium Copyright Act (DMCA). Our full DMCA Notice and Takedown Policy can be found here: https://workwithtube.com/dmca. OnlyFanWWTube has implemented a policy to terminate repeat copyright infringers. A copy of our repeat infringer policy (RIP) is available upon request to our users. Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages. Linking to the Website and Social Media Features You may link to FIL homepage, provided you do so in a way that is fair and legal and does not damage FIL reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on FIL part. The Website may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on the Website; send emails or other communications with certain content, or links to certain content, on the Website; cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by FIL, solely with respect to the content they are displayed with. However, you must not: establish a link from any website that is not owned by you; 12.3.2 cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; link to any part of the Website other than the homepage; or otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms. You agree to cooperate with FIL in causing any unauthorised framing or linking immediately to stop. FIL reserves the right to withdraw linking permission without notice. FIL may disable all or any social media features and any links at any time without notice in FIL discretion. Links from the Website If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, without limitation, banner advertisements and sponsored links. FIL has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Referral Program FIL offers a referral program which incentivises Users to introduce to OnlyFanWWTube people who are interested in becoming Users. This clause sets out when FIL will pay an Incentive Payment. FIL reserves the right to change the how it pays Incentive Payments but no change will deprive any Users of Incentive Payments already earned under before the changes came into effect: Users with a valid User Account with OnlyFanWWTube can participate; each User Account has a unique referral URL which allows Users to earn Incentive Payments; the referred User must use the referring User’s URL and then register with OnlyFanWWTube using the same browser that they used to click the referral link; the referred User has to be someone who has never held a User Account. If the referred User has been or is an existing User FIL will not pay Incentive Payments to the referring User; FIL will not pay Incentive Payments if the referred User does not join OnlyFanWWTube using the correct referral link; if the referred User then sets up more than one new User Account then the obligation to pay Incentive Payments shall only apply to Commissions earned from the first User Account. The referred User will only be a new User with respect to the first User Account. Users may not use confusing business practices to impersonate OnlyFanWWTube with the intention to refer other Users to receive Incentive Payments.
More information on how the Referral Programme works can be found at: https://workwithtube.com/help/3/22/90
If it transpires that Incentive Payments have been made incorrectly then FIL reserves the right to recover those monies from the referring User.
In order to ensure that the referral program is not abused FIL reserves the right to verify the credentials and identity of referred Users and referring Users claiming to have introduced the referred Users.
The Incentive Payment will be processed on the first calendar business day of each month and paid in accordance with the Payment Provider’s terms.
The Incentive Payment is deducted from the monies that FIL would retain from the transaction and not from the monies earned by the referred User.
Disclaimer of Warranties; Limitations of Liability
By using OnlyFanWWTube, you acknowledge and agree as follows:
OnlyFanWWTube and all of its services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, FIL disclaim any and all warranties, express or implied, with respect to OnlyFanWWTube and all of its services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose. FIL does not warrant or guarantee the accuracy, usefulness, completeness or reliability of OnlyFanWWTube, or the results of your use of OnlyFanWWTube. FIL disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. FIL also do not warrant or guarantee that OnlyFanWWTube and all of its services and features will be available at any particular time or location; that OnlyFanWWTube and all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that OnlyFanWWTube and all of its services and features will be free of viruses and other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. To the fullest extent provided by law, FIL will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it. Your use of OnlyFanWWTube and its services and features will be solely and entirely at your own risk. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law;
FIL does not warrant or guarantee that use of the Website will be uninterrupted or error free twenty-four hours a day, seven days a week, since FIL may need to carry out maintenance of the Website from time to time. However, FIL will use its reasonable endeavours to carry out any such maintenance of the Website outside of business hours (between 09:00 and 17:00 UK time) and FIL will endeavour to give reasonable notice, however this may not always be possible;
in no event shall FIL be liable (strictly or otherwise) in contract, tort, negligence, strict liability or under any other legal or equitable principle, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, and without limitation, loss of use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to your use of (or your inability to use) OnlyFanWWTube or any of its services or features, nor shall FIL be held liable in the event your User Content is illegally distributed by another User, however where such distribution does occur please contact FIL at email@example.com and FIL will seek to prevent continuance of such distribution where FIL is reasonably able to do so; and
in no event shall FIL total and aggregate liability to you and/or others for any and all claims arising out of or related to your use of (or your inability to use) OnlyFanWWTube or any of its services or features, exceed one hundred pounds sterling (£100.00). This does not affect any liability that cannot be excluded or limited under applicable law.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitation may not apply to you. In such case, our total and aggregate liability to you arising out of or related to your use of (or your inability to use) OnlyFanWWTube or any of its services or features shall be limited to the maximum extent permitted by law or, if no amount is specified, one hundred pounds sterling (£100.00).
By using OnlyFanWWTube, you agree to indemnify and hold harmless FIL and our employees, agents, representatives, successors and assigns from and against any and all claims, demands, causes of action, actions, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising out of or related to any of the following:
your use of OnlyFanWWTube or any of its services or features;
any User Content created, published, or otherwise made available on OnlyFanWWTube by you;
any transaction or interaction between you and any other User of OnlyFanWWTube; and/or
your violation of the Terms or any applicable law.
Notwithstanding FIL’s appointment as the Creator’s agent to pay the Creator Commission, FIL, the Fan and Creator are independent contractors and are responsible for meeting all of their respective legal or statutory obligations. This extends to the payment of any taxes or other payments properly demanded by a regulatory authority. Should a User fail to meet those obligations then the User shall indemnify FIL for any loss or expense, including management time that is as a consequence incurred by FIL.
Governing Law and Dispute Resolution
You and FIL agree that these Terms shall be governed by and construed in accordance with the laws of England and Wales (without regard to the conflict of laws provisions thereof) and that any dispute between you and FIL concerning OnlyFanWWTube or arising out of or related to these Terms shall be resolved exclusively in the courts of England and Wales.
Except where prohibited by applicable law, any claim or cause of action by you concerning OnlyFanWWTube or arising out of or related to these Terms must be filed within one year after such claim or cause of action arose, or be forever barred.
Waiver and Severability
No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
The Terms constitute the sole and entire agreement between you and FIL regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
The Contracts (Rights of Third Parties) Act 1999 is excluded.
If you have any questions, comments, complaints or concerns about OnlyFanWWTube, please contact our support team at firstname.lastname@example.org