SPECIAL TERMS AND CONDITIONS

for the use of the internet portal BestFans as "Creator"

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 addressed to consumers within the meaning of § 13 BGB.

For the use of BestFans as Creator, the following provisions apply in addition to the GENERAL TERMS AND CONDITIONS for the use of the internet portal BestFans:

§ 1 Scope; Amendment

1.

The following terms and conditions apply to all contractual relationships between the provider and its contractual partners regarding the use of BestFans as Creator, including future business relationships, even if they are not expressly agreed again. The respective current version is authoritative. Deviating, conflicting or supplementary terms and conditions of the Creator - even if the provider is aware of them - do not become part of the contract, unless their validity is expressly agreed to in text form.

2.

In the event of amendments to these Terms and Conditions, the Provider shall inform the Creator of this in detail in good time. The amended terms and conditions shall be deemed accepted by the Creator if the Creator does not object to the amendments in text form within a period of 4 weeks after notification of the amendments to the Provider.

§ 2 Formation of the contract; termination, inactivity

1.

Prerequisite for the use of BestFans also as a Creator is the truthful and complete information of the user data requested by the provider in the context of the registration as a Creator in the form provided for this purpose. The provider is entitled to verify the identity of the Creator at any time. In this case, the first or further use of BestFans as a Creator is only permitted after the verification has been successfully completed. For this purpose, the Provider is in particular entitled to compare photos or videos of the Creator with the Creator's identification documents and will request these from the Creator if necessary. The Provider may also involve or commission third parties for the corresponding verification.

2.

The provider decides exclusively on the admission of the registration of a Creator. A claim for admission to the use of BestFans as a Creator does not exist.

3.

With the completion of the registration as a Creator and the acceptance of these Terms and Conditions - online via mouse click in the check box provided for this purpose - the user submits his offer to conclude a contract on the use of BestFans also as a Creator and the related services. The user receives promptly, but no later than within two weeks after completion of his registration as a Creator and, if applicable, completed identity verification, an e-mail message from the provider confirming receipt of his data and, as a rule, the conclusion of the contract (the acceptance of the offer).

4.

Both parties - Provider and Creator - can terminate the corresponding contract concluded for an indefinite period of time for the use of BestFans as Creator at any time without giving reasons by written notice (text form is sufficient) to the other party. The contractual relationship between Provider and Creator ends in the event of an ordinary termination at the end of the period in which the subscription of the last follower of the Creator could end at the earliest, i.e. at the latest 30 days or one month (whichever is shorter) after termination by the Creator.

5.

From the time of its termination, no new Followers may subscribe to the Creator's content for a fee. The Creator may offer paid content on an individual basis until the time of termination in accordance with section 4 above.

6.

If no follower has subscribed to the Creator's content at the time of cancellation, the cancellation will take effect immediately.

7.

Termination, regardless of which party, shall simultaneously be understood as termination of the Creator's normal account as a User as well.

8.

When the termination becomes effective (see section 4 paragraph 2 and section 6), the account and the content of the Creator on BestFans will be deleted completely and permanently, 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.

9.

If content produced by a Creator is subscribed to by a Follower for a fee, it is the Creator's responsibility to regularly upload new content for the duration of the subscription. The Provider is entitled to mark accounts with little or no current activity as such. These are accounts where the Creator uploads little or no new content. For an account marked as inactive, no new followers can sign up and ongoing subscriptions will be paused. The status is adjusted by Vendor when the Creator uploads new content again. The classification as an account with little or no current activity is at the reasonable discretion of the provider, who is also guided by the price of the Creator's subscriptions (the higher the subscription price, the higher the requirements for an active account). The classification is based on the activity index, which can be accessed here. The Provider reserves the right to change the activity index.

10.

Insofar as the contract between the Provider and the Creator ends - for example due to an extraordinary termination - although the Creator still has Followers, there are no financial obligations of the Creator towards the Followers.

§ 3 Pornographic content and content harmful to minors

1.

Creator are also entitled to upload and publish pornographic content and content harmful to minors on BestFans. Uploading criminal content is prohibited.

2.

The required verification of the age of majority, the age verification (AVS), of the Creator's followers is carried out by the Provider at the Provider's expense in case of publication of pornographic content and content harmful to minors.

3.

The Creator must inform the Provider of this before publishing such content, so that the Provider can carry out an appropriate classification and labeling in advance, as well as the required AVS of the use by the Followers. In addition, when uploading/posting content, the Creator must also mark the contribution as such by indicating "adult content" there.

§ 4 Deletion of content

1.

The Creator can independently delete content published by him on BestFans within 30 minutes after uploading from the website of the Provider, otherwise the Creator can independently delete only 20% of the currently uploaded content (for example, two of ten videos). For the rest, the deletion is carried out exclusively by the technical support of the provider, which the Creator can reach, for example, by email at or by telephone at +49(0)040-593623641.

2.

With the deletion of Creator content, the Provider is prohibited from continuing to offer it for purchase by Followers. Content already purchased by Followers shall remain available to them even after termination.

§ 5 Contractual penalty

For each case of culpable infringement of one of the prohibitions standardized in § 6 number 1 and 2 of the "General Terms and Conditions for the Use of the Internet Portal BestFans" as well as in the case of publication of pornographic content and content harmful to minors without prior information of the Provider (see § 3 number 3 of these Special Terms and Conditions), the Creator forfeits a contractual penalty payable to the Provider, the amount of which shall be determined by the Provider at its reasonable discretion and the appropriateness of which may be reviewed by the competent court in case of doubt.

§ 6 Contractual relationship; prices; commissions; invoicing

1.

The Creator is in legal terms not the provider or seller of the content uploaded and published by him on BestFans. In this respect, the Creator expressly allows the Provider to offer this content for purchase to the Creator's followers on BestFans in his own name and for his own account (see § 5 number 1 of the "General Terms and Conditions for the Use of the Internet Portal BestFans").

2.

The Creator is generally entitled to set the fee for the subscription of his content (period of 30 days or 3, 6 or 12 months) and/or, if applicable, the price of individual content, which his Follower has to pay on BestFans for an access to the Creator's profile or also only for individual content, himself, if applicable within limits set by the Provider. Notwithstanding this, the Provider is free to also set lower prices for the subscription of the Creator's content. However, in determining the amount of the commission, the Provider must use the price previously set by the Creator as the basis for calculation. The Provider is also free to set a higher price than the price estimated by the Creator for the subscription of the Content. In this case, the higher price shall be used for the calculation of the commission.

3.

For each acquisition by a follower of paid content, the Creator is entitled to a commission claim against the Provider. This amounts to 90% of the net prices for access to his profile or the individual prices of content.

4.

The payment claim of the Creator arises with the booking of the respective content by the Follower. If a direct debit or a charge from a credit card or via another payment service provider fails, the payment claim of the Creator against the Provider remains unaffected.

5.

If the Creator deletes or wishes to have deleted all content from his Fan Page despite ongoing subscriptions of his Followers (see § 4 clause 1), he shall lose the claim to remuneration for the subscriptions of his Followers that are still ongoing at that time.

6.

The Provider maintains an evaluation, which the Creator can view at any time in his personal access area under the menu item Statistics. In addition to the number of followers and the retrieved paid content, this evaluation also lists the commissions attributable to the Creator. On the basis of this evaluation, the Creator receives a monthly statement of the commissions attributable to him from the Provider by no later than the 15th of the respective following month. The payment of the resulting amounts will be made within the same period of time, provided that they exceed EUR 25.00. If the Creator's commission claim falls below the limit of EUR 25.00 in a month, this shall be carried forward to the next month and paid out in the month in which the limit of EUR 25.00 is exceeded.

On the basis of this evaluation, the Creator receives a monthly statement of the commissions attributable to him from the Provider by no later than the 15th of the respective following month. The payment of the resulting amounts shall be made within the same period of time, provided that they exceed EUR 25.00. If the Creator's commission claim falls below the limit of EUR 25.00 in a month, this shall be carried forward to the next month and paid out in the month in which the limit of EUR 25.00 is exceeded.

7.

In the context of his registration for this area, the Creator must state whether he is entitled to deduct input tax in Germany and provide the Provider with suitable proof of this. If this is the case, the commissions do not include the corresponding sales tax.

8.

The Creator is solely responsible for the taxation of the commissions earned through BestFans and the payment of any sales taxes and other taxes (trade tax, income tax, etc.) due thereon.

§ 7 Information service

1.

The registered Creator receives as an existing customer from the Provider by e-mail to the e-mail address provided by him in the context of the conclusion of the contract or, if applicable, updated later, if applicable, free of charge information that may be relevant for his activity as a Creator of BestFans.

2.

The Creator may object to the receipt of this information at any time and without giving reasons, without incurring any costs. The objection can be made, for example, by e-mail to: or via the link provided in each newsletter.

As at: 01/07/2022