General Terms and Conditions

for the use of the internet portal BestFans

§ 1 Scope of application; amendments

1.

The following GTC apply to all contractual relationships between BestFans GmbH, Barnerstraße 14c, 22765 Hamburg (hereinafter "Provider") and its contractual partners (hereinafter "User") with regard to the use of the internet portal www.bestfans.com (hereinafter "Provider"). The respective current version of the GTC shall be authoritative.

2.

Any deviating, conflicting, or supplementary terms and conditions of a User shall not become part of the contract, even if the Provider is aware of them, unless their applicability is expressly agreed to in text form.

§ 2 Object of the business; 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 to be understood in detail as follows:

a)

The Provider offers the BestFans service to its Users not only via the website www.bestfans.com but also through various subdomains and aliases of the aforementioned domain, as well as through a mobile application for smartphones and tablets. Whenever BestFans is mentioned below, it encompasses any of the aforementioned forms of application for which these AGB apply in their entirety.

b)

Creators are users (in particular social media stars, models, musicians, athletes, artists, etc., but also organizers, e.g. of festivals) who produce content such as photos or films and make this content available to the provider so that the latter can make it available to other interested users of BestFans, in whole or in part, against payment. For this purpose, the respective creator is remunerated by the provider.

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, meaning they freely view content produced by the Creator, subscribe to it for a fee, or access individual pieces of content for a fee and/or - without being a Creator themselves - freely upload content to BestFans.

d)

Collectively, Creators and Followers are also referred to as "Users" below.

2.

The services of the Provider are partially free of charge for Users and partially subject to charges:

a)

Registration on BestFans, creating a profile, and uploading one's own content – including as a Creator – are free of charge for Users.

b)

If a User as a Follower wishes to subscribe to content produced by a Creator and/or access individual pieces of content produced by them, BestFans charges the Follower a monthly fee and/or a one-time fee for the corresponding paid content.

3.

When paid content produced by a Creator is purchased by a Follower from the Provider, a commission claim arises for the Creator against the Provider. Details are regulated in § 6 of the "Special Terms and Conditions for the Use of the BestFans Internet Portal as a Creator".

4.

The Provider endeavors to continually improve BestFans, its functions, and services for the benefit of its Users. The Provider expressly reserves the right to change the services offered on BestFans if:

  • the change is essentially advantageous for the User, particularly by adapting BestFans to new technological possibilities, and is therefore unconditionally acceptable to the user or
  • there is a change in the applicable legal situation regarding the offer of BestFans, or the Provider complies with a court judgment or an administrative decision against it or
  • the change is necessary to close an existing security gap.

§ 3 Registration; Conclusion of the Contract; Termination

1.

The use of BestFans is possible for both natural persons who are of legal age and legal entities.

2.

Registration with BestFans as a Creator is only permitted for Users who act in the course of a commercial independent professional activity (i.e., as entrepreneurs within the meaning of § 14 BGB). The Creator offer from BestFans is not aimed at consumers within the meaning of § 13 BGB.

3.

Prerequisite for the use of BestFans is prior registration (registration). The User must provide the data requested by the Provider truthfully and completely within the framework of the registration process.

4.

Registration by a legal entity must be carried out by an authorized representative who must prove their authority to the Provider upon request.

5.

The Provider solely decides on the admission of the user's registration for the use of BestFans. There is no entitlement to admission to use BestFans.

6.

Upon completion of registration and acceptance of these GTC - online by clicking on the designated checkbox - the User submits their offer to conclude a contract for the use of BestFans and the related services. After registration, the User will promptly receive an email notification from the Provider confirming receipt of their data and, as a rule, confirming the conclusion of the contract (acceptance of the offer).

7.

The conclusion of a contract for the paid services of a Creator takes place on the respective Fan page of the Creator. The contractual partner of the Follower is not the Creator but the Provider. In case of any complaints or issues, the User should therefore generally contact the Provider. The Creators provide content to the Provider at their discretion. Therefore, the Provider generally has no influence on the nature, quantity, frequency, or quality of the content provided by a Creator to the Provider. The liability of the Provider is not limited beyond § 10 by this § 3 No. 7.

a)

If a User decides to access paid content produced by a Creator and provided to the Provider, they must expressly trigger the respective order by clicking on a corresponding button ("Pay Now!" or similar). By clicking on the corresponding button, the Follower expressly agrees to the price listed on the Creator's Fan page.

b)

If a User opts for the subscription model for a Creator's content, billing is done for the selected period of 30 days, 3, 6, or 12 months from the date of order ("Minimum Term"). The price indicated by the Provider on the Creator's Fan page refers to this Minimum Term. After the Minimum Term has expired, the subscription is automatically extended indefinitely unless it has been terminated beforehand (see the following paragraph). A subscription with an indefinite term is always billed for a 30-day period.

c)

If a User wishes to terminate a subscription regarding a Creator's content, this can be done at any time at the end of the current billing period. Therefore, termination is possible at the end of the Minimum Term or, if the Minimum Term has already expired and the subscription has been extended indefinitely (see preceding paragraph), at the end of the current 30-day period.

d)

If a Follower wishes to purchase pornographic and/or youth-endangering content from a Creator, age verification (AVS) is required beforehand. The verification of legal age is carried out by the Provider and is free of charge for the Follower.

e)

All prices mentioned on BestFans for Creator content include statutory value-added tax.

8.

Both parties (Provider and User) may terminate the respective contract for the use of BestFans, which is concluded for an indefinite period, at any time without stating reasons by written notice (text form is sufficient) to the other party. The User may also terminate the contract by clicking on the termination button provided on our website ("Terminate contracts here" or similar), entering the required information in the termination form, and submitting the termination declaration by clicking on the confirmation button ("Terminate now" or similar).

The contractual relationship between the Provider and the User as a Follower ends in the event of ordinary termination at the end of the period at which the last Creator subscription of the Follower (see § 7 lit. b and c) could end at the earliest, but no later than 30 days after termination. At this time, further access to the content of the respective Creator subscribed to by the Follower from the Provider ends, unless such content has been purchased by the Follower through paid individual access.

9.

If a User is no longer subscribed to any Creator's Fan pages, the termination takes immediate effect.

10.

Upon the termination taking effect, the user's account and any content on BestFans are deleted unless the Provider has legitimate interests in further storage. Any personal information is generally deleted upon the termination taking effect, unless retention obligations exist or further storage is necessary to assert, exercise, or defend legal claims.

11.

The right to terminate for cause by both parties (Provider and User) remains unaffected by the above regulation.

For the Provider, a material reason includes, in particular, a User's violation of the provisions of § 6 of these AGB (prohibited content).

12.

The user's termination must be directed by email to service E-Mail User or in writing to BestFans GmbH, Barnerstraße 14c, 22765 Hamburg.

The termination can also be declared

via the corresponding menu item "Settings" in the user's personal access area.

or

by clicking on the termination button provided on our website ("Terminate contracts here" or similar), entering the required information in the termination form, and then clicking the confirmation button ("Terminate now" or similar).

Termination by the Provider is done via email to the User's current email address on file.

13.

The termination, regardless of which party (Provider or User), is also understood as a termination of the user's account as a Creator, if applicable.

14.

Each user may create only one personal profile.

15.

The personal account of a User and the rights and obligations resulting from it are not transferable. The User is also prohibited from disclosing their access data to the services of the Provider to third parties. If third parties use the service because the User has not adequately secured their access data, the User must be treated as if they had used the service themselves.

§ 4 Rights and Obligations of the User; Rights of Third Parties; Usage Restrictions

1.

The user undertakes, as part of their registration on BestFans (§ 3 Clause 3), to provide truthful, complete, and up-to-date information. The user will promptly update this data in their personal area in the event of any changes.

2.

The user has the option to transfer the usage rights of individual or all of their content to BestFans for a fee, also as a Creator. For this purpose, a separate registration is required; in this case, the "Special Terms and Conditions for the Use of the Internet Portal BestFans as Creator" apply additionally.

3.

The user is responsible for ensuring that they have all necessary rights to the content they upload to BestFans, particularly that the use and/or exploitation of this content does not infringe upon any third-party rights (e.g., rights to one's own image, naming rights, or third-party trademark rights). Furthermore, the user is responsible for ensuring that the content they upload does not violate the provisions of these terms and conditions or legal regulations.

4.

To the extent that other persons are visible in the content uploaded and published by the user, the user is responsible for obtaining any necessary rights from these persons, particularly explicit permission for publication and distribution, in advance. Upon request by the provider, the user agrees to provide evidence of the respective ownership of rights and/or permission.

5.

If the user's uploaded content (e.g., videos) contains music, it must not be protected by GEMA (German Society for Musical Performing and Mechanical Reproduction Rights). Only GEMA-free music may be used in the videos uploaded by the user to BestFans. Upon request by the provider, the user must demonstrate that the music is GEMA-free. This regulation applies similarly to other or foreign collecting societies.

6.

Pornographic and youth-endangering content may only be uploaded and published on BestFans by a Creator, taking into account the relevant provisions in § 3 of the “Special Terms and Conditions for the use of the internet portal BestFans as a Creator”.

This is expressly prohibited for other users of BestFans.

7.

Furthermore, the user undertakes to only upload content to BestFans that does not fall under § 6 of these terms and conditions.

8.

The user undertakes to indemnify the provider and/or associated companies as well as their employees, legal representatives, shareholders, or other vicarious agents, including those of associated companies, without limitation against any claims asserted by third parties due to the infringement of their rights by the content uploaded by the user or due to the other use of the provider's services by the user against the provider and/or associated companies and/or its employees, legal representatives, shareholders, and/or other vicarious agents, including those of associated companies. Upon first request, the user shall reimburse the provider, in particular, for all costs of its necessary legal defense, including the necessary court and attorney fees, as well as any damages to be paid by the provider to third parties.

§ 5 Grant of Rights by the User

1.

The user grants the provider, by uploading and/or publishing their content (images, videos, etc.) on BestFans, the non-exclusive, unrestricted right, free of charge, simple, spatially, temporally, and in terms of content, i.e., regarding the type of use, to use these contents for the duration of the contract period on or via BestFans, in particular to offer these contents to other users, make them publicly accessible, and distribute them, including commercially in the case of a Creator.

2.

The provider is granted the right by the user to add the inscription "BestFans" and/or the provider's logo and/or a digital watermark of the provider to the content published by the user on BestFans and/or to edit it for the promotion of BestFans or the Creator, especially by creating thumbnails.

3.

The user expressly agrees that the provider may use the content published by the user on BestFans for the promotion of its own offering, BestFans.

4.

The user has the right to delete content published by them on BestFans either entirely or partially independently from the provider's website.

§ 6 Other Commercial Offers; Prohibited Content; Moderation

1.

The user is prohibited from referring to similar or comparable – commercial or non-commercial – service offerings of the provider's competitors on their BestFans profile or in messages sent via the messenger available on BestFans.

2.

Furthermore, the user may not upload or publish any content on BestFans that violates legal regulations or the moral or ethical principles of the provider. This includes, but is not limited to:

  • Content that infringes upon the rights or intellectual property of others, or where such infringement is suspected; this includes uploading and distributing personal data of another person without their consent.
  • Harming other individuals or groups, or their reputation, for example, through denigration and vilification (so-called cyberbullying/hate speech); this includes any insulting, discriminatory, racist, xenophobic, seditious, and glorifying violence expressions and other content (photos, videos, etc.).
  • Harassment, stalking, threats, insults, or other unjustified or unwanted behaviors towards users of BestFans or third parties.
  • Actions aimed at exploiting minors, causing them harm, or posing a potential threat to the well-being of minors.
  • Child and youth pornography, as well as the depiction of children and adolescents in unnatural sexually suggestive poses, 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 promoting or endorsing such acts.
  • Membership in or promotion of associations or communities that are prohibited or monitored by security or youth protection authorities, as well as their activities and expressions.
  • Membership in or promotion of a sect or a controversial religious community in Germany, as well as their activities and expressions.

In case of doubt, the user must obtain prior clarification from the provider and obtain their explicit consent for the publication of the corresponding content in written form.

3.

The provider will continuously monitor compliance with the above prohibitions through a trained team. Additionally, users and authorities who deem certain content unlawful can submit them for review by the provider via a reporting function. In the event of objectionable or unlawful content, the provider is authorized to take the measures listed in § 6 Paragraph 5 and reserves the right to take further legal action. The provider may report specific incidents to law enforcement agencies and other authorities, especially if done in good faith, believing it is legally required or reasonably necessary to comply with legal regulations.

4.

Pornographic content as well as content classified as not suitable for minors by a Creator or the provider will only be visible to users who have passed an appropriate age verification. Sexually suggestive texts will be filtered by the provider using automated tools to be visible only to users verified to be of appropriate age. Suppressed words will be replaced with asterisks ("*").

5.

In case of violation of the enumerated prohibitions, the provider is entitled to:

  • issue a warning to the user,
  • modify, restrict, block, or delete the user's objectionable content in whole or in part at its sole discretion,
  • temporarily or permanently block the user's access to the provider's services on BestFans.
  • issue immediate termination without prior warning; in the case of violations of criminal law or youth protection, prior warning may be waived.

§ 7 Complaint Management

1.

The user may lodge a complaint against a decision by the provider regarding content moderation within six months of receiving the provider's decision or a subsequent decision, pursuant to Article 20 of Regulation (EU) 2022/2065.

2.

The provider will promptly, impartially, carefully, and without arbitrariness review the complaint, involving qualified personnel. If this review concludes that a decision by the provider was unjustified, the provider will reverse this decision. The provider will promptly inform the user of the decision, providing reasons. The user is free to pursue legal action against this decision, especially if it violates their rights. Furthermore, the user may avail themselves of the possibility of out-of-court dispute resolution with a certified entity according to Article 21 (3) of Regulation (EU) 2022/2065.

§ 8 Billing

1.

The provider's billing for paid orders of a follower subscribing to a Creator's subscriptions occurs according to the chosen subscription rhythm.

2.

For billing purposes, the user must provide valid payment details in their personal area. The user currently has the option to choose between the payment options "Direct Debit" or "Credit Card".

a)

By selecting the payment method "Direct Debit" and entering their bank details, the user grants the provider a direct debit authorization for the fees incurred during the billing period for the duration of their membership.

b)

By selecting the payment method "Credit Card" and providing their credit card details, the user authorizes the provider to debit the incurred fees from the credit card provided by the member.

c)

If the provider offers additional payment options through other payment service providers (e.g., PayPal) in the future, the user, by selecting such payment method, hereby authorizes the provider to collect the incurred fees via the respective payment provider. In this case, the user will be informed of the provider's terms during the payment process.

3.

If a direct debit or debit from a credit card or through another payment service provider fails, the provider is entitled to pass on the resulting bank charges, credit card fees, and the additional administrative effort to the user. If the direct debit is not honored due to insufficient funds or due to incorrect bank details provided by the user, or if the user objects to the debit without authorization, the operator will charge the user for the costs incurred by the returned direct debit if the user is responsible for it. However, the user is allowed to provide evidence that no damage occurred or that it was substantially lower. Legal claims of the provider remain unaffected. If the credit card is not debited due to insufficient funds or incorrect data provided, or if the user objects to the debit without authorization, the operator will charge the user for the chargeback costs amounting to 25.00 EUR, if the user is responsible for it. However, the user is allowed to provide evidence that no damage occurred or that it was substantially lower. Legal claims of the provider remain unaffected.

4.

Additionally, the user has the option to credit their user account with a balance using one of the aforementioned payment options, which they can gradually consume for services they have used. In their personal user account, the user has the option to view their current balance.

5.

If the balance is insufficient for the desired service (video, images, messages, etc.), the user can credit their user account with sufficient funds before continuing the desired service.

6.

The user's balance cannot be transferred to another user account.

7.

Any remaining balance on the user's customer account will not be redeemed or refunded in cash by the provider after the credit has been issued. This also applies in the event of contract termination, unless the termination was rightfully made by the user without notice due to circumstances solely attributable to the provider.

§ 9 RIGHT OF WITHDRAWAL

1. Right of withdrawal for consumers

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us:

BestFans GmbH

Barnerstraße 14c

22765 Hamburg

Phone: +49 (0)40 - 80813088

Email: service E-Mail user

of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, email).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

2. Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

3. Exclusion of the right of withdrawal

The right of withdrawal does not apply if you, at the time of concluding the legal transaction, act predominantly in your commercial or independent professional capacity and are therefore to be regarded as a trader (Section 14 BGB).

The right of withdrawal against BestFans GmbH does not apply with regard to contracts concluded not between you and BestFans GmbH, but between you and a third party. Any rights of withdrawal in this regard can only be asserted against the third party.

4. Further important information:

You expressly agree that we may begin the performance of the service before the end of the withdrawal period.

§ 10 Scope of Technical Use; Warranty

The databases, programming, and other technical facilities provided by the provider on BestFans comply with the current state of the art. Nevertheless, due to issues beyond the provider's control (force majeure, third-party fault, etc.) or regular maintenance and service work on BestFans, there may be temporary limitations in accessing the services of the provider.

§ 11 Limitation of Liability

1.

Any claims for damages against the provider by the user are excluded, subject to the following provisions and regardless of the legal basis, unless the provider, its legal representatives, or vicarious agents are guilty of intent or gross negligence.

2.

The provider shall only be liable for slight negligence if a duty is breached, the fulfillment of which is of particular importance for achieving the purpose of the contract (so-called cardinal duty). However, in the case of slight negligence in the breach of a cardinal duty, the liability of the provider is limited to the contract-typical and foreseeable direct damage to the user at the time of contract conclusion.

3.

The provider's liability for damages to life, body, and health as well as liability under the Product Liability Act remains unaffected by the above limitations of liability.

§ 12 Notices from the Provider

The provider respects the rights of third parties and is keen on preventing infringing content posted by BestFans users.

Should a user believe that content on BestFans violates their own rights (e.g., rights to one's own image, name rights, trademark rights) or the rights of third parties, or breaches legal prohibitions or the prohibited content specified in Sections 4(5) and (6), 6(1) and (2) of these Terms and Conditions, the provider expressly requests detailed notification through the use of the reporting form or by sending a message via email to service E-Mail user.

The provider will promptly investigate all notifications of alleged infringements and, in the event of an obvious infringement, delete the contested content within 24 hours of becoming aware of the violation; otherwise, delete it promptly after completing the necessary further examination and confirming a violation, and may also take further appropriate legal steps (e.g., filing a criminal complaint).

§ 13 Final Provisions

If the user is a merchant, Hamburg is agreed as the exclusive place of jurisdiction for all disputes arising in connection with the execution of the contractual relationship between the provider and the user.

For all legal relationships between the parties, the law of the Federal Republic of Germany applies. With regard to consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

§ 14 Alternative Dispute resolution

The European Commission provides an online dispute resolution platform on the internet at the following link: https://ec.europa.eu/consumers/odr .

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

The provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Date: 05/13/2024