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.

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 validity 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 makes the BestFans offer available to its Users not only via the website www.bestfans.com, but also via various subdomains and aliases of the aforementioned domain as well as via a mobile application for smartphones and tablets. Insofar as BestFans is referred to in the following, this includes any of the aforementioned forms of application to which these GTC apply as a whole.

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, i.e. follows content produced by the creator free of charge, subscribes to it for a fee or accesses it individually and/or - without being a creator - posts content online on BestFans free of charge.

d)

Creator and Follower as a whole are hereinafter also referred to as "Users".

2.

Some of the provider's services are free of charge for users, while others are subject to a fee:

a)

Registering on BestFans and setting up a profile as well as uploading your own content - even as a creator - are free of charge for the user.

b)

If a user as a follower would like to subscribe to the content produced by a creator and/or retrieve individual content produced by the creator, BestFans will receive a monthly fee from the follower and/or, in the case of individual retrieval, a one-time fee for the corresponding paid content.

3.

If content produced by a Creator is purchased by a Follower from the provider for a fee, the Creator is entitled to a commission from the provider. Details are regulated in § 6 of the "Special Terms and Conditions for the Use of the Internet Portal BestFans as Creator".

4.

The provider strives to constantly improve BestFans, its functions and services for the benefit of its users. The provider therefore expressly reserves the right, among other things, to change the services offered on BestFans, provided that

  • the change is essentially beneficial for the user, in particular by adapting BestFans to new technical possibilities, and in this respect is unrestrictedly reasonable for the user or the change is merely of a technical nature and without significant effects for the user
  • the applicable legal situation regarding the offer of BestFans changes or the provider thereby complies with a court judgment or an official decision directed against him or her 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 natural persons, but only for persons of legal age, as well as for legal entities.

2.

The registration at BestFans as a Creator is only permitted to users who act in the exercise of a commercial self-employed professional activity (i.e. as entrepreneurs in the sense of § 14 BGB). The Creator offer of BestFans is not directed to consumers within the meaning of § 13 BGB.

3.

Required for the use of BestFans is the prior application (registration). During the registration process the user must truthfully and completely provide their data in the form provided for this purpose.

4.

The registration of a legal entity must be made through a person authorized to represent the entity, who must prove his power of attorney to the provider upon request.

5.

Only the provider decides on the admission of the user's registration. A claim for admission to the use of BestFans does not exist.

6.

With the completion of the registration and the acceptance of these GTC - online via mouse click in the check box provided - the user submits his offer to conclude a contract on the use of BestFans and the related services. After registration, the user immediately receives an e-mail message from the provider confirming the receipt of his data and, as a rule, the conclusion of the contract (the acceptance of the offer).

7.

The conclusion of the contract for chargeable 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 the event of any complaints or problems, the user should therefore always contact the provider. The Creators make content available to the provider at their own discretion. The provider therefore generally has no influence on the type, quantity, frequency or quality of the content that a Creator makes available to the provider. The liability of the provider is not limited by this § 3 No. 7 beyond § 10.

a)

If a user decides to make use of the content created by a Creator and made available to the provider for a fee, he or she must expressly trigger the respective order by clicking on a corresponding button ("Pay now!" or similar). With the corresponding click, the Follower expressly agrees to the price listed on the Creator's fan page.

b)

If a user opts for the subscription model for content of a Creator, billing will be for the period of 30 days or 3, 6 or 12 months from the order ("minimum term") selected when placing the order. The price stated by the provider on the Fan Page of the Creator refers in this respect to this minimum term. After expiration of the Minimum Term, the Subscription shall be automatically renewed for an indefinite period of time if it has not been terminated beforehand (for termination, 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 with regard to the content of a Creator, this is possible at any time at the end of the current billing period. The termination is therefore possible at the end of the minimum term, or, if the minimum term has already expired and the subscription has been extended for an indefinite period (see previous paragraph), at the end of the current 30-day period.

d)

If a follower wishes to purchase pornographic content and/or content harmful to minors from a Creator, an age verification (AVS) is required in advance. The verification of the age of majority is carried out by the provider and is free of charge for the follower.

e)

All prices quoted on BestFans for Creator content are otherwise inclusive of statutory value added tax.

8.

Both parties (provider and user) can terminate the corresponding contract concluded for an indefinite period of time for the use of BestFans at any time without giving reasons by written notice (text form is sufficient) to the other party. The user can also terminate the contract by clicking 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 the confirmation button ("Terminate now" or similar).

The contractual relationship between the provider and the User as a Follower shall end in the event of ordinary termination at the end of the period in which the last Creator subscription of the Follower (see § 7 lit. b and c) could end at the earliest, i.e. at the latest 30 days after termination. At this point, further access to the content of the relevant Creator subscribed to by the Follower from the provider shall end, insofar as this hasn’t been acquired by the Follower as a paid individual purchase.

9.

If a user no longer subscribes to Creator fan pages, the cancellation will take effect immediately.

10.

With the effectiveness of the termination, the account and any content of the user on BestFans will be deleted, unless there are legitimate interests of the provider in a further storage. Any personal information will generally be deleted when the termination becomes effective, unless there are retention obligations or the further storage is necessary for the assertion, exercise or defense of legal claims.

11.

The right to extraordinary termination for good cause for both parties (provider and User) remains unaffected by the above provision.

An important reason for the provider is in particular a violation of the user against the regulations of § 6 of these GTC (prohibited content).

12.

Notice of termination on the part of the user is to be sent by e-mail to

or in writing to BestFans GmbH, Barnerstraße 14c, 22765 Hamburg.

The termination may also be declared via the corresponding menu item "Settings" in the user's personal access area

or

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

The termination on the part of the provider shall be made by e-mail to the current e-mail address provided by the User.

13.

Termination, regardless of which party (provider or user), shall be simultaneously understood as termination of the User's account as Creator, if applicable.

14.

Each user may create only one personal profile.

15.

The personal account of a user as well as the rights and obligations resulting from it are not transferable. In this respect, the user is also prohibited from passing on his access data to the services of the provider to third parties. If third parties use the service because the user has not sufficiently secured his access data, the user must allow himself to be treated as if he had used the service himself.

§ 4 Rights and Duties of the User; Rights of Third Parties; Restrictions on Use

1.

The user commits himself to provide truthful, complete and current information within the scope of his registration on BestFans (§ 3 number 3). The user will update this data immediately in his personal area in the event of any changes.

2.

The user has the option to transfer the rights of use of individual or all of his content to BestFans as a creator against payment. 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 he has all the necessary rights to the content posted by him on BestFans, in particular that the use and / or exploitation of this content has no third party rights (e.g. the right to own image, the right to a name or trademark rights of third parties). Furthermore, the user is responsible for ensuring that the content posted by him does not violate any provisions of these GTC or legal provisions.

4.

Insofar as other persons can be seen on the content uploaded and published by the user, the user is responsible for ensuring that he/she has obtained the necessary rights from these persons in advance, in particular the express permission for publication and distribution. The user commits himself to provide the provider with evidence of the respective legal ownership and/or permission upon request.

5.

If uploaded content of the user (e.g. videos) contains music, it must not be GEMA-protected music. Only GEMA-free music may be played in the videos posted by the user on BestFans. Upon request by the provider, the user must prove that the music is GEMA-free. The regulation applies accordingly to other or foreign collecting societies.

6.

Pornographic content and content harmful to minors may be uploaded and published on BestFans exclusively by a Creator, taking into account the related regulations in § 3 of the “Special Terms and Conditions for the use of the internet portal BestFans as a Creator”.

Other users of BestFans are expressly prohibited from doing so.

7.

Furthermore, the user undertakes to only post content on BestFans that does not fall under § 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 granted the right to provide the content published by the user on BestFans with the lettering "BestFans" and/or the logo of the provider and/or a digital "watermark" of the provider and/or to edit it to promote BestFans or the creator, in particular by creating thumbnails.

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 delete content published by him on BestFans in whole or in part independently from the website of the provider.

§ 6 Other commercial offers; Prohibited content

1.

The user is prohibited from referring to similar or comparable - commercial or non-commercial - service offers of competitors of the provider on his BestFans profile or in messages sent via the messenger 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 the publication of the relevant content.

The provider will continuously monitor compliance with the above prohibitions by a trained team. Content that is objectionable will be deleted immediately.

3.

In the event of a violation of one of the prohibitions standardized in § 4 clauses 5 and 6 as well as in the above clauses 1 and 2, the Provider shall be entitled,

  • to issue a warning against the user,
  • 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 issue a termination without notice after prior warning; in the case of violations of criminal law or the protection of minors, a prior warning is not required.

§ 7 Accounting

1.

The provider will bill paid orders of a follower for subscriptions of a Creator in the chosen rhythm of the subscription.

2.

For the purpose of billing, the user must store valid payment data in his personal area. The user currently has the choice between the payment options "direct debit" or "credit card".

a)

By selecting the payment method "direct debit" and entering his bank details, the user grants the provider a direct debit authorization for the fees incurred in the respective billing period for the duration of his membership.

b)

By selecting the payment method "credit card" and providing his credit card details, the user gives the provider the right to collect the incurred fees from the credit card provided by the member.

c)

Should the provider offer further payment options via other payment service providers (e.g. PayPal) in the future, the user already now gives the provider the right to collect the accrued fees via the corresponding payment provider in case he selects this payment method. In this case, the user will be informed about its contractual terms during the payment process.

3.

If a direct debit or a debit from a credit card or via another payment service provider fails, the Provider is entitled to charge the User for the resulting bank fees, credit card fees and the higher administrative costs. If the direct debit is not honored due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the User objects to the direct debit even though he is not entitled to do so, the Provider shall charge the User for the costs incurred by the return debit if the User is responsible for this. However, the User is allowed to prove that no damage was incurred at all or that the damage was significantly lower. Legal claims of the provider remain unaffected. If the credit card is not charged due to lack of sufficient funds or due to the provision of false data or if the User objects to the charge although he is not entitled to do so, the Provider shall charge the costs incurred by the chargeback in the amount of EUR 25.00 if the User is responsible for this. However, the User is allowed to prove that no damage was incurred at all or that the damage was significantly lower. Legal claims of the provider remain unaffected.

§ 8 CANCELLATION POLICY

1. right of withdrawal for consumers

You have the right to revoke this contract within 14 days without giving any reason. The withdrawal period begins 14 days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must send us

BestFans GmbH Barnerstraße 14c 22765 Hamburg

Telefon: +49 (0)40 - 593623642 E-Mail:

by means of a clear statement (e.g. a letter sent by mail, e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form, which is not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

2. revocation consequences

If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with them; in no case will you be charged for this repayment.

If you have requested that the service should begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

3. Exclusion of right of withdrawal

The right of revocation does not exist if you are acting in the predominant exercise of your commercial or independent professional activity when concluding the legal transaction and you are therefore to be regarded as an entrepreneur (§ 14 BGB).

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

4. other important notes:

You expressly agree that we may begin performing the service before the end of the cancellation period.

§ 9 Technical scope of use; warranty

The databases, programming and other technical devices provided by the provider on BestFans correspond to the current state of the art. Nevertheless, due to problems beyond the control of the provider (force majeure, fault of third parties, etc.) or due to the regular care and maintenance work on BestFans, there may be temporary restrictions on the accessibility of the provider's services.

§ 10 Limitation of liability

1.

Any claims of the User against the Provider for damages are excluded, subject to the following provisions and regardless 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 if an obligation is breached, compliance with which 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 damage to the User that is typical for the contract and foreseeable at the time of the conclusion of the contract.

3.

The liability of the provider for damages to life, body and health as well as the liability according to the product liability law remains unaffected by the above limitations of liability.

§ 11 Notes of the provider

The provider respects the rights of third parties and has itself the greatest interest in preventing infringing content posted by BestFans users. Should a user in this respect be of the opinion that content on BestFans violates his own rights (e.g. the right to one's own image, rights to a name, trademark rights) or the rights of third parties or violates legal prohibitions or content prohibited under § 4 numbers 5 and 6, § 6 numbers 1 and 2 of these GTC has been published, the provider expressly requests a corresponding, detailed notification by e-mail to

The provider will immediately follow up on all notifications of possible infringements and, in the case of an obvious infringement, delete the content in question within 24 hours of becoming aware of the infringement, otherwise promptly after completion of the necessary further examination and affirmation of an infringement, and, if necessary, also initiate further suitable legal steps (e.g. criminal charges).

§ 12 Final provisions

1.

If the user is a merchant, 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.

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

§ 13 Alternative Dispute Resolution

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

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

Status: 01 / 07 / 2022