SPECIAL TERMS AND CONDITIONS

for the use of the internet portal BestFans as a Creator

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

§ 1 Scope of application; amendments

1.

The following terms and conditions shall apply to all contractual relationships between the Provider and its contractual partners regarding the use, as a Creator, of BestFans, including future business relationships, even if the terms are not explicitly agreed again. Their current version shall be authoritative at any given time. No deviating, conflicting or supplementary general terms and conditions of a Creator shall become part of the contract – even if the Provider is aware of them – unless expressly agreed to in text form.

2.

In the event of any amendments to these terms and conditions, the Provider shall promptly inform the Creator of such amendments in detail. The amended terms and conditions shall be deemed to be accepted by the Creator 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 Conclusion of the contract; termination

1.

A prerequisite for the use of BestFans also as a Creator is the truthful and complete provision of the user data requested by the Provider during registration as a Creator in the form provided for this purpose.

For identification purposes, the Creator must, inter alia, deposit a so-called “up-to-date ID shot”, i.e. a photo of himself with his valid identity card or passport and a sheet of paper bearing the name of BestFans, his chosen user name and the current date.

2.

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

3.

Upon completion of registration as a Creator and acceptance of these terms and conditions – online by ticking the check box intended for this purpose – the User submits his offer to conclude a contract governing the use of BestFans – also as a Creator – and the related services. After completing his registration as a Creator, 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).

4.

Both parties – Provider and Creator – can terminate the contract, concluded for an indefinite period and relating to the use, as a Creator, 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 an ordinary termination, the contract between the Provider and the Creator finishes at the end of the period during which the subscription of the last Follower of the Creator could possibly end at the earliest, i.e. at the latest 30 days after notice of termination by the Creator.

5.

From the time of his notice of termination, no new Follower can subscribe against payment to any content of the Creator. The Creator may offer content by way of one-time accesses against payment until the date of termination as set out in No. 4 above.

6.

If, at the time of giving notice of termination, no more Followers subscribe to any content of the Creator, termination will take effect immediately.

7.

Termination of the contract, no matter by which party, is at the same time to be understood as termination of the normal account of the User.

8.

As soon as termination takes effect (cf. No. 4 paragraph 2 and No. 6), the account and content of the Creator on BestFans will be completely and permanently deleted.

§ 3 Pornographic and adult content

1.

Creators are also entitled to upload and publish pornographic and liable to corrupt the young people content on BestFans.

2.

The requisite checking of the age of majority – the age verification (AVS) – of the Creator’s Followers is carried out by the Provider at the latter’s expense in the case of publication of pornographic content and adult content harmful to minors.

3.

The Creator must inform the Provider prior to the publication of such content, so that the Provider can classify and designate it accordingly in advance and insert at the beginning the requisite AVS for its use by the Followers. In addition, when uploading/posting content via the indication “Not suitable for minors”, the Creator must also mark the posting as such.

§ 4 Deletion of content

1.

The Creator can only independently delete all or part of the content he published on BestFans from the Provider’s website within 30 minutes of uploading it. Otherwise, deletion is performed only by the Provider’s technical support team whom the Creator can reach by e-mail at or by telephone on +49 (0)040-593623641.

2.

When content of the Creator is deleted, the Provider is no longer allowed to offer it for purchase by Followers. Content already purchased by Followers is still available to them after termination.

§ 5 Contractual penalty

For every case of contravention of one of the prohibitions specified in § 6 Nos. 1 and 2 of the “General Terms and Conditions for the use of the internet portal BestFans” and in the case of publication of pornographic and adult content without prior notification of the Provider (see § 3 No. 3 of these Special Terms and Conditions), the Creator shall be liable to pay a contractual penalty to the Provider – excluding the plea of continuation – the amount of which can be determined by the Provider according to its equitable discretion and the appropriateness of which can be reviewed by the competent court in the event of doubt.

§ 6 Contractual relationship; prices; commission; billing

1.

The Creator is not legally the provider or seller of the content he uploads and publishes on BestFans. The Creator thus expressly allows the Provider to offer this content for purchase to the Creator’s Followers on BestFans in its own name and for its own account (cf. § 5 No. 1 of the “General Terms and Conditions for the use of the internet portal BestFans”).

2.

Notwithstanding the above provision, the Creator is entitled to set the fee for subscription to his content (period of 30 days in each case) and/or, where applicable, the price of individual content to be paid by his Followers on BestFans for access to the Creator’s profile or also only for individual content, within limits set by the Provider where applicable.

3.

For each purchase of a Follower of payable content, the Creator is entitled to a commission from the Provider. This amounts to 95% of the net prices set by the Creator himself for 30-day access to his profile, or of the individual prices of content.

4.

Possible accounting costs or other costs of the Provider relating directly to the Provider’s contracts with the Creator’s Followers, e.g. fees for payments of the Followers, or costs incurred through chargebacks of payments of Followers (cancellation costs), shall be deducted from the Creator's commissions.

5.

Should the Creator want to delete all content from his fan page or have it all deleted (cf. § 4 No. 1) despite current subscriptions of his Followers, he shall lose his right to remuneration for the subscriptions of his Followers still current at that time.

6.

The Provider keeps statistics, which the Creator can view at any time in his personal access area under the Dashboard/Statistics menu item. These statistics show the number of Followers, the payable content accessed, the commissions, costs and cancellations etc. attributable to the Creator.

On the basis of these statistics, the Creator receives a monthly statement from the Provider by the 15th of the following month at the latest specifying the commission due to him. Payment of the resulting amounts is made within the same period if they exceed EUR 25.00. If the Creator’s entitlement to commission is below the limit of EUR 25.00 in any one month, it will be carried forward to the next month and paid out in the month in which the limit of EUR 25.00 is exceeded.

7.

The Creator must state in his registration for this area whether he is entitled to deduct VAT in Germany, and must furnish the Provider with suitable proof of this. If this is the case, the commission shall be paid plus the corresponding VAT.

8.

The Creator is solely responsible for taxation of the commission earned via BestFans and payment of any VAT and other taxes (trade tax, income tax, etc.) due on it.

§ 7 No right of withdrawal

The Creator expressly declares to the Provider that he, as a User of BestFans in his function as Creator, receiving commission from the Provider for each of his Followers of BestFans for the content he uploads and publishes there, is not a consumer as defined in Article 13 BGB.

The Creator therefore has no legal right of withdrawal.

§ 8 Newsletter

1.

The registered Creator will as an existing customer receive regular information, news, etc., concerning the BestFans service offer only, by e-mail to the e-mail address he supplied during the conclusion of the contract or possibly later updated.

2.

The Creator may object to receipt of the newsletter at any time and without giving a reason. Objection should be sent by e-mail to:

or via the link provided in every newsletter.

As at: 29/09/2020