General Terms and Conditions

for the use of the internet portal BestFans

§ 1 Scope of application; amendments

1.

The following GTC shall apply to all contracts between BestFans GmbH, Barnerstrasse 14c, 22765 Hamburg, Germany (hereinafter referred to as “Provider”) and its contractual partners (hereinafter referred to as “User”) relating to the use of the internet portal www.bestfans.com (hereinafter referred to as “BestFans”). The current version of the GTC shall be authoritative.

2.

No deviating, conflicting or supplementary GTC of a User shall become part of the contract – even if the Provider is aware of them, unless expressly agreed to in text form.

3.

In the event of any amendments to these GTC, the Provider shall promptly inform the User of such amendments in detail. The amended GTC shall be deemed to be accepted by the User if he raises no objection to them towards the Provider in text form within a period of 4 weeks of notification of the amendments.

§ 2 Business purpose; definitions; costs

1.

The Provider operates the social media portal BestFans on the internet under the URL www.bestfans.com. In this context, the following terms are specifically to be understood as follows:

a)

The Provider makes BestFans available to its Users not only via the website www.bestfans.com but also via various sub-domains and aliases of the aforementioned domain and via a mobile application for smartphones and tablets. Where BestFans is mentioned in the following, this therefore includes all of the aforementioned forms of application, to which these GTC apply in their entirety.

b)

Creators are Users (in particular social media stars, models, musicians, sportspeople, artists etc., but also organisers of festivals, for example) who make content, such as photos or films, available to other interested Users of BestFans on their fan pages, either in whole or in part, for a fee, for which the Provider in turn pays them.

In addition to these GTC, the “Special Terms and Conditions for the use of the internet portal BestFans as a Creator” apply to Creators.

c)

A Follower is a User who follows a Creator, i.e. who subscribes to his content for a fee or accesses it individually and/or – without being a Creator – places content online on BestFans free of charge.

d)

In the following, Creators and Followers are also collectively referred to as “Users”.

2.

Some of the Provider’s services are free of charge and some are subject to a fee:

a)

Registering for BestFans, establishing a profile and uploading one’s own content – including Creators – is free of charge for the User.

b)

If a User, as a Follower, wishes to subscribe to the content of a Creator and/or access certain content from the Creator, BestFans will charge the Follower a monthly fee and/or, in the case of one-time access, a one-off fee for the relevant payable content.

3.

Whenever a Creator’s content is bought by a Follower, the Creator is entitled to a payment of commission from the Provider. More details of this arrangement can be found in § 7 of the “Special Terms and Conditions for the use of the internet portal BestFans as a Creator”.

4.

The Provider seeks to constantly improve BestFans, its features and services for the benefit of its Users. The Provider therefore expressly reserves the right, inter alia, to change the services offered on BestFans, if

  • the change is largely beneficial to the User so that it is completely reasonable for him to accept it or the change is of a merely technical or process-related nature and thus without any considerable effect on the User
  • the legal situation pertaining to BestFans changes or the Provider complies with a court ruling or official decision against itself by means of the change, or
  • the change is necessary in order to close an existing security gap.

§ 3 Registration; conclusion of the contract; termination

1.

Use of BestFans is possible for natural persons, of full age only, and for legal entities.

2.

Creators may only use BestFans in the exercise of a commercial or freelance professional activity, whereas its use is prohibited for consumers as defined by Article 13 of the German Civil Code ("BGB").

3.

Use of BestFans is subject to prior registration. When registering, the User must truthfully and completely enter the data requested by the Provider in the form supplied for this purpose.

4.

A legal entity must be registered by a person authorised to represent it, who must furnish proof of his authorisation to the Provider upon request.

5.

Whether or not the User’s registration will be accepted is up to the Provider alone. A right to be accepted for the use of BestFans does not exist.

6.

Upon completion of registration and acceptance of these GTC – online by a click of the mouse in the check box intended for this purpose – the User submits his offer to conclude a contract governing the use of BestFans and the related services. After registering, the User promptly receives an e-mail message from the Provider confirming receipt of his data and, as a rule, conclusion of the contract (acceptance of the offer).

7.

The contract concerning paid services of a Creator is concluded on the fan page of the Creator. The Provider has no influence whatsoever on the type, quantity, frequency or quality of a Creator’s content.

a)

If a User decides to use the paid services of a Creator, he must explicitly initiate the order by clicking on a specific button ("Pay now"). By clicking on this button, the Follower explicitly agrees to the price quoted on the fan page.

b)

If a Follower opts for the subscription model to obtain content from a Creator, invoices are always issued for a period of 30 days from the date of order; the price quoted by the Creator therefore refers to this 30-day period.

c)

If a Follower wishes to cancel a Creator subscription, this is always possible with effect from the end of the current 30-day period only.

d)

If a Follower wishes to buy pornographic and/or liable to corrupt the young people content from a Creator, a verification of age (AVS) is first required. Verification of legal age is conducted by the Provider and is free of charge for the Follower.

e)

All prices quoted by a Creator on BestFans include statutory value-added tax.

8.

Either party can terminate the contract, concluded for an indefinite period and relating to the use of BestFans, at any time and without stating a reason, by giving written notice (text form is sufficient) to the other party.

In the case of ordinary termination, the contract between the Provider and the User as a Follower finishes at the end of the period during which the last subscription of the Follower to the Creator (cf. § 7 letters b and c) could possibly end at the earliest, i.e. at the latest 30 days after notice of termination. As from this date there will be no further access to the Creator’s content subscribed to by the Follower, unless obtained by way of one time access for a fee.

9.

If a User does not subscribe to any more Creator fan pages, termination will take effect immediately.

10.

As soon as the termination takes effect, the User’s account and any content of the User on BestFans will be completely and permanently deleted.

11.

The right of both parties to termination without notice for good cause remains unaffected by the above provision.

For the Provider, good cause is in particular a violation by the User of the provisions of Section 7 of these GTC (prohibited content).

12.

The User must submit notice of termination by e-mail to

or by post to

BestFans GmbH, Barnerstrasse 14c, 22765 Hamburg, Germany

or

via the “Settings” menu item in the User’s personal access area.

If the Provider terminates the contract, notification will be sent by e-mail to the current e-mail address which was given by the User.

13.

Termination of the contract, no matter by which party, is to be understood as termination of the account of the User as a Creator.

14.

Each User may create only one personal profile.

15.

A User’s personal account and the rights and obligations which result from it are not transferable. The User is therefore also prohibited from passing on his access data for the services of the Provider to third parties.

§ 4 Rights and obligations of the User; restrictions of use

1.

The User undertakes to supply truthful, complete and up-to-date information when registering with BestFans (§ 3 No. 3). The User will update this data in his personal area without delay in the event of any changes.

2.

The User has, as a Creator, the option of offering some or all of the content or of having BestFans offer it for a fee. Separate registration is necessary for this; in such a case, the “Special Terms and Conditions for the use of the internet portal BestFans as a Creator” apply in addition.

3.

The User expressly assures the Provider that he holds all the necessary rights to the content he uploads to BestFans, and in particular that the use and/or exploitation of this content is not precluded by third-party rights (e.g. the right to one’s own image, the right to a name or trademark rights of third parties). The User also warrants that the content he uploads will not violate the provisions of these GTC or any statutory provisions.

4.

To the extent that other persons are visible in the content uploaded and published by the User, the User expressly assures the Provider that he will have obtained any necessary rights from such person(s) in advance, in particular their express permission for publication. The User undertakes to furnish proof of ownership of the rights and/or of authorisation at the Provider’s request.

5.

If uploaded material of the User (e.g. videos) contains music, it must not be music that is protected by GEMA (German association for the protection of musical performance and recording rights). Only music that is not protected by GEMA may be included in the videos uploaded to BestFans by the User. At the Provider’s request, the User must prove that the music is not subject to GEMA fees.

6.

A Creator may only upload pornographic or liable to corrupt the young people content to BestFans and publish it there with due regard to the relevant provisions in § 3 of the “Special Terms and Conditions for the use of the internet portal BestFans as a Creator”.

Other BestFans Users are expressly prohibited from doing so.

7.

Moreover, the User undertakes to upload only such content to BestFans that is not subject to § 6 of these GTC.

8.

The User undertakes to indemnify the Provider and/or its affiliated companies as well as its employees, legal representatives, shareholders or other vicarious agents, including those of its affiliated companies, without limitation against all claims asserted by third parties against the Provider and/or its affiliated companies and/or its employees, legal representatives, shareholders and/or other vicarious agents, including those of its affiliated companies, as a result of the violation of their rights by the content posted by the User or as a result of other use of the Provider’s services by the User. At its first request, the User shall in particular reimburse the Provider for all costs of the Provider’s necessary legal defence including the necessary court and lawyer’s fees as well as any damages to be paid by the Provider to third parties.

§ 5 Granting of rights by the User

1.

When the User uploads and/or publishes his content (images, videos etc.) to or on BestFans, he grants the Provider a royalty-free, simple right that is unlimited in terms of location, time and subject matter, i.e. of type of use, but that is not exclusive, to use this content on or via BestFans for the duration of the contract period, and in particular to offer this content to other Users, make it publicly accessible and distribute it, in the case of Creators also against payment.

2.

The Provider is also granted the right to add the name “BestFans” and/or the Provider’s logo to content published on BestFans by the User.

3.

The User expressly agrees to the Provider utilising the content published on BestFans by the User to promote BestFans.

4.

The User is entitled to independently delete all or part of the content he has published on BestFans from the Provider’s website.

§ 6 Other commercial offers; forbidden content

1.

The User is prohibited from referring to similar or comparable, commercial or non-commercial, services offered by the Provider’s competitors in his BestFans profile or in messages sent via the Messenger that is available on BestFans.

2.

Further forbidden content which the User must not under any circumstances upload to and publish on BestFans also includes all content which is in breach of legal provisions as well as content which violates the Provider’s moral or ethical principles. This includes in particular, but not only,

  • damage to other persons and/or groups of persons or their reputation, for example by belittling and disparaging them (so-called cyber-mobbing/hate speech); this includes in particular any discriminatory, racist, xenophobic, subversive and violence-glorifying statements and other content (photos, videos etc.),
  • child pornography, including comic-style drawings/manga depicting children
  • content depicting non-consensual sexual acts, violence, brutality, atrocities, incest, extreme BDSM or human trafficking, including comic-style drawings/manga depicting such content or encouraging such acts
  • membership of or advertising for associations or groups monitored by security or youth protection authorities or for their activities and statements,
  • membership of or advertising for a sect or a religious community that is controversial in Germany or for its activities and statements,

In case of doubt, the User must clarify the matter with the Provider in advance and obtain the Provider’s express consent to publish the content.

BestFans will have a trained team continuously monitor compliance with the above prohibitions. Any objectionable content will be deleted immediately.

3.

In the event of breach of any of the prohibitions set out in Section 4 Nos. 5 and 6 or in the above Nos. 1 and 2, the Provider is entitled to

  • issue a warning to the User,
  • to delete the objectionable content of the User in whole or in part and/or
  • temporarily or permanently block the User’s access to the Provider’s services on BestFans,
  • to terminate the contract without notice.

§ 7 Billing

1.

The Provider will bill Followers for ordering content of a Creator for a fee once a month.

2.

For billing purposes, the User must enter valid payment data in his personal area. At present the member can choose between the “direct debit" or “credit card” payment options.

a)

Upon selection of the “direct debit” payment method and entry of his bank details, the User grants the Provider a direct debit authorisation for the duration of his membership with regard to the fees incurred during the billing period.

b)

Upon selection of the “credit card” payment method and entry of his credit card details, the User grants the Provider the right to charge the fees incurred to the credit card previously specified by the member.

c)

Should the Provider offer further payment options in future via other payment service providers (e.g. PayPal), the User hereby grants the Provider the right to collect the fees incurred via the respective payment provider in the event that the User selects this payment method. In this event, the User will be informed of the contractual conditions of the payment provider during the payment process.

3.

Should a direct debit or a debit to a credit card or a debit via another payment service provider fail, the Provider is then entitled to charge the User with the resulting bank charges, credit card fees and increased administrative costs. In the event of a return debit from the User’s current account, the Provider shall charge a flat rate of EUR 8.00; in the event of a cancellation of a credit card debit EUR 40.00.

§ 8 CANCELLATION POLICY

1. Consumer’ right of withdrawal

You have the right to withdraw from this contract within 14 days without stating a reason. The withdrawal period is 14 days from the date of conclusion of the contract.

To exercise your right of withdrawal, please contact us under:

BestFans GmbH Barnerstraße 14c 22765 Hamburg Telefon: +49 (0)40 - 593623642 E-Mail:

to inform us, in an unambiguous statement (e.g. letter sent by post, e-mail) of your decision to withdraw from this contract. You may use the attached sample revocation form, which is not however mandatory.

In order to observe the withdrawal period, it is sufficient that you send off your notification of exercise of the right of withdrawal before the end of the withdrawal period.

2. Consequences of withdrawal

If you withdraw from this contract, we must reimburse you for all payments we received from you, including delivery charges (except for any additional costs incurred by your choosing a method of delivery other than the low-cost standard delivery offered by us), without delay and at the latest within 14 days, as from the date when we received notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment as the one you employed for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.

If you asked for the service to commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of your exercise of the right of withdrawal from this contract compared to the total amount of services envisaged in the contract.

3. Exclusion of right of withdrawal

The right of withdrawal does not apply if you are predominantly exercising your commercial or self-employed professional activity when you conclude the legal transaction and are therefore to be regarded as an entrepreneur (Art 14 BGB).

Your right of withdrawal vis-à-vis BestFans GmbH does not apply to contracts which are not concluded between you and BestFans GmbH but between you and a third party. Any rights of withdrawal in this context can only be asserted against the third party.

4. Other important information:

You expressly agree to our beginning to carry out the service before the end of the withdrawal period.

§ 9 Technical scope of use; guarantee

The databases, programming and other technical facilities made available on BestFans by the Provider correspond to the current state of the art. Nevertheless, temporary restrictions of the availability of the Provider’s services may occur as a result of problems beyond the Provider’s control (force majeure, fault of third parties, etc.) or of the regular update and maintenance work performed on BestFans.

The continuous availability of BestFans, in particular of the content uploaded and published by the User, is therefore not incumbent upon the Provider and cannot be guaranteed by the Provider. The Provider is therefore not liable for such downtimes.

§ 10 Limitation of liability

1.

Any claims for damages by the User against the Provider are excluded, subject to the following provisions and irrespective of the legal grounds, unless the Provider, its legal representatives or vicarious agents can be accused of intent or gross negligence.

2.

The Provider shall only be liable for slight negligence where an obligation is violated whose observance is of particular importance for achieving the purpose of the contract (so-called cardinal obligation). In the case of a slightly negligent breach of a cardinal obligation, however, the liability of the Provider shall be limited to the direct loss suffered by the User which is typical for the contract and foreseeable at the time of conclusion of the contract.

3.

The Provider’s liability for losses relating to life, limb and health and its liability under the Product Liability Act remain unaffected by the above limitations of liability.

§ 11 Data processing and protection

The User agrees that the Provider may, in connection with the use of BestFans, collect, process and use personal data of the User as well as content, usage and billing data. The Provider shall store the data in compliance with statutory data protection regulations. To the extent necessary for the execution of the contract, the User’s data may be forwarded to third parties engaged by the Provider to this end. The forwarding of the data for other purposes, in particular for advertising purposes, is expressly excluded and requires the User’s separate consent.

Express reference is also made to the Provider’s Privacy Policy.

§ 12 Information from the Provider

The Provider respects the rights of third parties and has a vested interest in blocking any offending content posted by Users of BestFans.

Should a User be of the opinion that content on BestFans violates his own rights (e.g. the right to his own image, rights to a name, trademark rights) or the rights of third parties, or breaches legal prohibitions, or that content prohibited under Section 4 Nos. 5 and 6, Section 6 Nos. 1 and 2 of these GTC has been published, the Provider expressly requests that a pertinent, detailed notification be sent by e-mail to

The Provider will immediately follow up on all notifications of possible violations of rights and, in the case of an obvious violation of a right, will delete the content in question within 24 hours of becoming aware of the infringement, otherwise within a short time after completion of the necessary further investigation and affirmation of an infringement and will, if necessary, initiate further suitable legal steps (e.g. criminal charges).

§ 13 Final provisions

1.

Insofar as an agreement is legally permissible, Hamburg is agreed as the exclusive place of jurisdiction for all disputes arising in the course of the contractual relationship between the Provider and the User.

2.

Solely the law of the Federal Republic of Germany shall apply, excluding private international law and the UN Convention on Contracts for the International Sale of Goods (CISG), which has been incorporated into German law.

As at: 29/09/2020