TERMS OF SERVICES FOR CREATORS AND AGENCIES

(hereinafter “Terms of Service for Creators and Agencies” or the “CA Terms”)

Last modified: 19 June 2025

PLEASE READ THE FOLLOWING TERMS OF SERVICES FOR CREATORS AND AGENCIES CAREFULLY, AS THEY FORM THE AGREEMENT BETWEEN YOU, THE CREATOR OR AGENCY, AND US, THE OPERATOR OF WWW.FANCENTRO.COM.

YOU MUST BE AT LEAST (EIGHTEEN) 18 YEARS OLD OR THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE IF SUCH AGE OF MAJORITY IS OLDER THAN EIGHTEEN (18) YEARS OF AGE TO AGREE TO THE CA TERMS.

THESE CA TERMS APPLY TO BOTH CREATORS AND AGENCIES UNLESS OTHERWISE SPECIFIED.

IF YOU DO NOT AGREE TO THESE CA TERMS, YOU MAY NOT USE THE SITE (DEFINED BELOW) AND/OR ANY OF ITS SERVICES OFFERED THERETO. BY USING THE SITE, YOU ARE UNEQUIVOCALLY DEMONSTRATING YOUR WILLINGNESS TO BE BOUND BY THESE CA TERMS IN THEIR TOTALITY, INCLUDING ALL AMENDMENTS MADE FROM TIME TO TIME.

THESE CA TERMS ARE COMPLEMENTARY TO AND ARE ENFORCED IN ADDITION TO THE TERMS OF SERVICE (THE “GENERAL TERMS”), AND ANY ADDITIONAL WRITTEN AGREEMENT YOU MAY HAVE WITH US. IN CASE ONE OR MORE OF THESE DOCUMENTS CONTRADICT EACH OTHER, THE ADDITIONAL WRITTEN AGREEMENT SHALL SUPERSEDE THESE CA TERMS. IF NO SUCH ADDITIONAL WRITTEN AGREEMENT EXISTS, THEN THE CA TERMS SHALL SUPERSEDE THE GENERAL TERMS, UNLESS EXPLICITLY WRITTEN OTHERWISE.

ANY TERMS NOT DEFINED HEREIN SHALL BEAR THE MEANING ATTRIBUTED TO THEM IN THE GENERAL TERMS, UNLESS SPECIFIED OTHERWISE.

In order to facilitate your reading, here is an outline of these CA Terms:

PRELIMINARY PROVISIONS
YOUR AGREEMENT
ELIGIBILITY FOR ACCESS TO THE WEBSITE
REGISTRATION
OUR RESPONSIBILITIES – SERVICES AVAILABILITY
CREATOR AND/OR AGENCY AND USER-GENERATED CONTENT
GRANT OF LICENSE
CREATOR AND/OR AGENCY AGE-RELATED RELEASE AND AFFIDAVIT AND ADDITIONAL CREATOR AND/OR AGENCY AGE-RELATED RELEASE AND AFFIDAVIT (RECORDS KEEPING COMPLIANCE FORM PURSUANT TO 18 U.S.C § 2257
RESTRICTION OF USE
ADDITIONAL CREATOR AND AGENCY RULES
PROHIBITED CONTENT
MONITORING AND ENFORCEMENT
COMMISSION
COMPLAINT HANDLING PROCEDURE
WARRANTY DISCLAIMER
PRIVACY AND USE OF INFORMATION
LIMITATION OF LIABILITY
INDEMNIFICATION
TRADEMARK INFORMATION
NO AGENCY RELATIONSHIP
ASSIGNMENT
TERM AND CANCELLATION POLICY
GENERAL
COMMUNICATION AND CONTACT OPTIONS
JURISDICTION AND CHOICE OF LAW AGREEMENT

PRELIMINARY PROVISIONS
1. Definitions
  1. The term “we”, as well as all first-person pronouns (us, our, ours), shall bear the meaning attributed to them in the General Terms.
  2. The terms “Creator” “Agency” and “you”, as well as all second-person pronouns, such as “yours”, refer to you, a registered User (defined below) that has decided to join the community of content contributors as a Creator or Agency representing Create and submit Content (whether live or recorded) (defined below) for sale for private use on the Website, subject to the conditions, restrictions and provisions set by the CA Terms, the various policies of the Website(s), including inter alia the Privacy Notice, CSAM Policy and NCC Policy (hereinafter collectively the “Policies” and each a “Policy”) and any other important documents on the Website, as those may be from time to time, and/or any other written agreement you may have with us.
  3. The term “Agency” shall include its representatives, employees, and any other individuals acting on Agency’s behalf, all of whom are bound by the CA Terms.
  4. The term “Website” or “Site” refers to the website found at https://www.fancentro.com and/or any predecessor or successor domain or URL, and any other related website that is operated by us, and includes the content on that website, all of our services provided on or through that website and any software that we make available on or through that website, including but not limited to, the Landing Page.
  5. The term “User” refers to Fans of the Website who have an account through which they can participate in Creator messaging, tips, purchase Content on a pay per Content basis or Subscriptions.
  6. The term “User-Generated Content” or “Content” refers, collectively, to audio and video (whether live or recorded) content, clips, photographs and textual content contributed by you to the Website and/or user(s). The “Content” shall also refer to and include responding to paid messages from Fans and private chats via webcam between you and the Fans via our Site.
  7. The term “Landing Page” refers to the website/landing page that is generated via the Creator and/or Agency’s account on the Website and operated by us, pursuant to which a Creator and/or Agency may create a personalized website for the purposes of promoting Creator’s profile in the Website to Users and/or potential Users of the same. For the purposes of these CA Terms, the Landing Page is considered an integral part of the Website.
  8. The term “affiliated Creator(s)” shall mean, for Agencies, any and all Content Creators registered on the Site and associated, affiliated, or otherwise connected to a specific Agency also registered as Agency on the Site.
2. What this is
  This is a contract between you and us (and not a contract between you and any of our users). You should treat it like any other contract by reading its provisions very carefully, as they will affect your legal rights. The CA Terms govern your rights and responsibilities in connection with the Website.
  We offer you the ability to publish your User-Generated Content over the Website. This User-Generated Content is to be sold for private use only. You are to be paid a commission based on the total revenue from the sale of your published User-Generated Content.
  By accessing or using the Website and/or Landing Page in any manner, you are affirmatively agreeing to be bound by these CA Terms and our Privacy Notice. You may “use” the Website anytime you access (via computer, mobile device, or other technology), view, link to or from, or otherwise interact or communicate with or connect to, the Website (or any parts thereof) or interact or communicate with other users through the Website (including, without limitation, on message boards, chat rooms and/or other communities established on the Website).
  You may not pick and choose which terms apply to you. If you do not agree with all of these CA Terms, you must cease all access and use of the Website and any other services provided by us. Nothing in these CA Terms is intended to create any enforcement rights by third parties.
3. Consideration
  Consideration for your acquiescence to all the provisions in these CA Terms has been provided to you in the form of allowing you to use the Website and the services offered thereto. You agree that such consideration is both adequate, and that it is received upon your use of any portion of the Website and/or services.
  You do not incur any costs for joining the community of Content contributors.
4. Revisions to these CA Terms
  1. From time to time, we may revise these CA Terms. In such an event, we will give you reasonable notice in advance and in a transparent manner, in text form, i.e. via a pop-up notification on the Website when logging on to your account, or via e-mail. You agree that all modifications or changes to these CA Terms are in force and enforceable immediately upon posting. You shall be deemed to have approved modifications or changes to these CA Terms if you do not notify us in writing of your objection to such modifications or changes within fourteen (14) days of the earliest of (i) the “last modified” date at the top of these CA Terms or (ii) the day on which you were notified of such changes. If any of the modifications or changes to these CA Terms are unacceptable to you, your only recourse is to terminate your account.
    You also agree that your use of the services following the expiry of such 14-day period constitutes your acceptance of the modified CA Terms. Each updated version of these CA Terms supersedes any prior versions as of the ‘Last Modified’ date found at the top, and any prior version(s) shall have no continuing legal effect. To the extent any amendment of these CA Terms is deemed ineffective or invalid by any court, the parties hereto intend that the prior, effective version of these CA Terms be considered valid and enforceable to the fullest extent.
  2. You are responsible for reviewing and becoming familiar with any modifications to these CA Terms. These CA Terms are located here and you agree to periodically revisit this web page, and to use the “refresh” button on your browser when doing so. You agree to note the date of the last revision to these CA Terms. If the “Last Modified” date remains unchanged from the last time you reviewed these CA Terms, then you may presume that nothing has changed since the last time you read them. If the “Last Modified” date has changed then you can be certain that something in these CA Terms has been changed, and that you need to re-review them in order to determine how your rights and responsibilities may have been affected by the revisions.
  3. If you fail, upon our notification, to review these CA Terms to determine if any of the provisions have changed, you assume all responsibility for your failure to do so, and you agree that such failure amounts to your affirmative waiver of your right to review the amended provisions. We are not responsible for your neglect of your legal rights.
5. Incorporation by Reference
  Although these CA Terms represent the primary terms and conditions of service for the Website for you as Creator and/or Agency, additional policies, guidelines, and rules are hereby incorporated by reference. The document(s) which can be found on the Website, and which are specifically incorporated by reference, are therefore part and parcel of these CA Terms.
YOUR AGREEMENT
These CA Terms apply to the websites, web pages, interactive features, applications, widgets, blogs, social networks, social network “tabs”, or other online or wireless offerings that post a link to these CA Terms, whether accessed via computer, mobile device or other technology, manner or means. It is presumed that if you are utilizing the services provided by the Website, you have decided to become a Creator and/or Agency and provide User-Generated Content to be shared over the Website. You MUST, therefore, familiarize yourself with and agree to the CA Terms which govern your use of the Website. In addition, you must adhere to all applicable local, national, and international laws and regulations that may govern your use of and interaction with the Website.
ELIGIBILITY FOR ACCESS TO THE WEBSITE
1. You must be at least eighteen (18) years of age, or older in any other location in which eighteen (18) is not the minimum age of majority in the applicable jurisdiction to access the Website, to contribute materials to the Website or to receive online services from us.
2. Use of our services is void where prohibited by law.
  By using and/or viewing the services provided by us, you represent and warrant that you are not prohibited by law from using the offered online services and that you have the right, authority and capacity to enter into this agreement and to abide by all of its provisions as posted here and as may be amended from time to time.
3. By using our services, you are making the following statement:
  UNDER PENALTY OF PERJURY, I swear/affirm that as of this moment:
  - I am an adult, at least eighteen (18) years of age (or older in any other location in which eighteen (18) is not the minimum age of majority).
  - I am familiar with the laws in my area affecting my legal right to access erotica or adult-oriented material, and I have the legal right to access such material, and you have the legal right to transmit such material to me in my location. It is my desire to post User-Generated Content via your Website, utilizing the services provided by you, and it is legal in my community for me to do so, even if the User-Generated Content I choose to contribute to the Website includes images of human beings in various stages of undress and engaged in sexual acts.
  - I am fully aware that the User-Generated Content I am contributing to the Website is or may be of a sexual nature, and I have the legal right to participate and contribute to your community.
  - I promise that I will not permit any person(s) under eighteen (18) years of age (or older in any other location in which eighteen (18) is not the minimum age of majority) to have access to any of the materials (including any products or features) contained within the Website.
  - I will not allow any person(s) under eighteen (18) years of age (or older in any other location in which eighteen (18) is not the minimum age of majority) to appear in any of my User-Generated Content. Further, I acknowledge that I am solely responsible for maintaining the age verification documentation required by Title 18 U.S.C. § 2257 and shall provide you with a copy of same.
  - I am familiar with the laws in my area concerning my ability to enter into contracts and I have the legal right to contract with you. I am aware that the User-Generated Content I am contributing to the Website may be of a sexual nature, and I have the legal right to participate and contribute to the Website's community.
  - No one has solicited my involvement with the Website on the promise of compensation for the provision of sexual gratification. My choice to participate in the Website community is a manifestation of my own interest in sexual matters which, I believe, is both healthy and normal and which, in my experience, is generally shared by average adults in my community.
  - I am familiar with the standards in my community regarding the acceptance of such sexually oriented materials, and the materials I expect to encounter are within those standards.
  - In my judgment, the average adult in my community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults and will not find such materials to appeal to a prurient interest or to be patently offensive.
  - It is my desire to share and/or to invite others to share my own private and personal behaviors and to comment, rate, criticize, organize and recommend based on what I am exposed to by utilizing the online services provided by you, while inviting others to do the same.
  - I represent and warrant that I have not notified any governmental agency that I do not wish to receive sexually oriented material.
  - Under no circumstances is the Website to be utilized for any illegal activity.
REGISTRATION
1. Individual Creator
  1. In order to register as a Creator, you must be over eighteen (18) years of age and/or over the age of majority in the applicable jurisdiction. You may not register as a Creator if you are not at least eighteen (18) years of age, or older in any other jurisdiction in which eighteen (18) is not the minimum age of majority. We reserve the right to request proper and satisfactory documents to verify your age and/or identity. We shall immediately, and may without prior notice, suspend and/or terminate an account where it appears or is brought to our attention that the Site is or has been used by anyone under eighteen (18) years of age, or older in any other location in which eighteen (18) is not the minimum age of majority in the applicable jurisdiction.
  2. If you want to become a Creator and post User-Generated Content through Fancentro, you must first join the community of Content contributors at Fancentro and agree to provide true and correct personal information. If the information you provide is not true and correct, you face the immediate termination of your account and you may be subject to legal sanctions. Certain changes to your personal information such as country of residence, name, minimum payout, banking details and screen name may only be made by our staff. Therefore, if your information appears incorrect or needs to be changed you may need to contact our staff to have this done.
  3. We may, in our sole discretion, decline your application to join the Creator community for any or no reason.
  4. You will be asked to provide a valid email address for verification purposes and quality assurance, and you agree that we may send you e-mails of a transactional nature or regarding your Creator account.
  5. You will choose your own screen name which must be unique to you, not offensive to others and not in violation of another’s copyright or trademark. You will also choose your password, which you can change later. It is imperative that you do not let anyone else use your account (you must keep your password secret and secure).
  6. You may never use anyone else’s account, just as (with the exception of any Agency hereto authorized) no one can ever use yours.
  7. Before you are able to upload and offer any User-Generated Content for sale, you need to verify your identity and age. In order to do so, you need to submit the following documents, in color, to us (please submit front and back):
    - A photo ID, meaning a government-issued ID containing your date of birth, expiration date, your photo, and your full legal name. This could be, for example, your driver's license (in countries where a national ID is not mandatory), international passport, citizenship card, state ID, national passport, or your national ID card.
    - A valid social security number and a copy of your social security card (for tax purposes, USA only)
    - A clearly legible, color photo of the Creator holding their photo ID beside their face.
    - A Tax Identification Number (TIN) or place of birth and/or proof of residence in Creator’s name.
  8. You acknowledge that you are solely responsible for the activity that occurs on your account, and you must immediately notify us if you believe there has been the slightest breach of security or unauthorized use of your account.
  9. You may provide access to your Creator account to third parties (including, but not limited to, your Agency) for commercial activities approved by the Site such as, but not limited to, for the purposes of allowing others to upload Content on the Site through your Creator account, participate in Creator Messaging etc.
  10. You will be liable for any losses incurred by us due to the unauthorized use of your account. We are not liable for your losses caused by any unauthorized use of your account, and you specifically waive any such claim and agree to defend and indemnify us against any such claims made against it by third parties.
  11. To the extent you voluntarily create a profile to participate in certain select services offered by us, your profile (and its contents) may be searchable by other users registered through the Website and others partnered or networked with us. Likewise, your profile (and its contents) may be searchable by publicly available search engines.
  12. We reserve the right, and in our sole discretion, to terminate your account and/or take any additional action we consider appropriate thereto, upon the actual or suspected violation of the provisions of this section 4, including, but not limited to, the withholding of any commission including following your failure to provide any information requested from time to time.
  13. Upon termination of your Creator account and, and for any reason including, but not limited to, via request for deletion, all payouts mentioned herein and Section 13 of these CA Terms (as may be revised from time to time) will be automatically and instantly severed.
2. Agency
  1. By registering on the Website as Agency, you state that the following is true and accurate: (1) all account registration information you have provided to the Website as part of your registration on the same as Agency is accurate; (2) you will not use any third-party payment provider to accept any Fan Payments.
  2. Before you are able to upload or allow Creators connected to your Agency account to upload and offer any User-Generated Content for sale on the Website, you must submit:
  3. You hereby authorize us to verify the validity of the Agency’s authorized representative or its beneficial owner’s government-issued picture identification card with a third-party verification service.
  4. You acknowledge that you are solely responsible for the activity that occurs on your Agency account, and you must immediately notify us if you believe there has been the slightest breach of security or unauthorized use of your account.
  5. You acknowledge that you may be held responsible for infringing, illicit, or unwanted activity which occurs in any Creator account registered under your Agency account with the Site, and that your Agency account may be actioned accordingly, in our sole but reasonable discretion, for such infringement.
  6. You will be liable for any losses incurred by us due to the unauthorized use of your account. We are not liable for your losses caused by any unauthorized use of your account, and you specifically waive any such claim and agree to defend and indemnify us against any such claims made against it by third parties.
  7. To the extent you voluntarily create a profile to participate in certain select services offered by us, your profile (and its contents) may be searchable by other Users and others partnered or networked with us. Likewise, your profile (and its contents) may be searchable by publicly available search engines.
  8. We reserve the right, and in our sole discretion, to terminate your Agency account and/or take any additional action we consider appropriate thereto, upon the actual or suspected violation of the provisions of this section 4, including, but not limited to, the withholding of any commission including following your failure to provide any information requested from time to time.
  9. Upon termination of your Agency account and, and for any reason including, but not limited to, via request for deletion, all payouts mentioned herein and Section 13 of these CA Terms (as may be revised from time to time) will be automatically and instantly severed.
OUR RESPONSIBILITIES – SERVICES AVAILABILITY
1. For as long as we continue to offer our services, the Website shall provide and seek to update, improve, and expand the services. As a result, we allow you to access the Website as it may exist and be available on any given day and have no other obligations in connection to the same, unless and except as expressly stated in these CA Terms. We may modify, replace, refuse access to, suspend, or discontinue the Website, for all or part of the services, for you or all of our Users, in our sole discretion, and without prior notice. All of these changes shall be effective upon their posting on the Website or by direct communication to you, unless otherwise noted. We further reserve the right to withhold, remove and/or discard any Content, with or without notice, if deemed by us to be contrary to these CA Terms.
2. We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters, war, riot, arson, epidemics or pandemics, embargoes, acts of civil or military authority, or terrorism, fiber cuts, strikes, or shortages in transportation, facilities, fuel energy, labor or materials, failure of the telecommunications or information services infrastructure, hacking, SPAM, any failure of a computer, server or software (including operating system), server changes or upgrades, or change of service providers, for so long as such event continues to delay the Website’s performance. Any and all losses resulting from any such failure will not be compensated.
USER-GENERATED CONTENT
1. You understand and accept that we do not guarantee any confidentiality with respect to any User-Generated Content you contribute to the Site, regardless of whether you contribute such Content as Creator or as Agency representing a Creator.
2. Subject to what is permitted under applicable law, you are free to choose the type of User-Generated Content you produce and publish on the Site. You shall be solely responsible for your own User-Generated Content and the consequences of posting or publishing such User-Generated Content. In connection with User-Generated Content, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, right to privacy, right to publicity, or other proprietary commercial or personal rights in and to any and all your User-Generated Content to enable inclusion and use of the User-Generated Content in the manner contemplated by the Website and these CA Terms, and (ii) you have the written consent, release, and/or permission of each and every identifiable persons in your User-Generated Content to use the name or likeness of each individual for use in your User-Generated Content in the manner contemplated by the Website and these CA Terms.
3. We are not responsible for any User-Generated Content that violates a community’s norms or mores. We expect and demand that you comply with all federal, state, provincial and local laws when using the Website and when submitting or posting User-Generated Content to the Website whether as Creator or as Agency on behalf of Creator(s). If you are unsure whether or not User-Generated Content will violate a law, you are urged to contact an attorney prior to posting the User-Generated Content. We cannot enforce every jurisdiction’s law for all User-Generated Content that is posted on the Website. As such, we are not responsible for the User-Generated Content of the Website.
4. We reserve the right (but not the obligation) in our sole discretion to moderate, refuse, delete, move, or otherwise edit any and all User-Generated Content that, and for any or no reason, including but not limited to, if we deem such User-Generated Content is in violation of the law (including trademark and copyright law), is abusive, defamatory, obscene or otherwise unacceptable, or to comply with our legal obligations, as those may be from time to time, and you expressly agree that removal of any such Content is not to be construed as endorsement of any remaining Content. Furthermore, you expressly agree that you will never assert that we edit or amend any Content for the purpose of establishing that we are a producer or author of any User-Generated Content accessed or viewed via the services.
5. You must evaluate, and bear all risks associated with, the use of any User-Generated Content, including any reliance on the accuracy, completeness, usefulness, or lawfulness of such User-Generated Content. In this regard, you acknowledge that you may not rely on any content created by us or User-Generated Content transmitted to the Website. You are responsible for all your User-Generated Content that is uploaded, posted, emailed, transmitted, or otherwise made available via the service.
6. If we have a reason to suspect that your User-Generated Content violates any third party right, including without limitation any copyright, trademark, or property right, we can require you to provide us with written evidence of your ownership of, or right to use, the material in question. If we require such written evidence, you agree to provide it to us within five working days of the date of our request. Your failure to provide us with such required written evidence within that timeframe may lead to the immediate termination of your account, us demanding compensation from you for any accrued costs and damages related to such User-Generated Content and the immediate suspension of any and all pending payments from us to you.
7. Please note that you may not permit any other person to use your account (except where such other person is an authorized representative of Agency) and that you must immediately inform us of any apparent breach of security, such as loss, theft or unauthorized disclosure or use of a screen name or password.
8. The content you are allowed to upload on your Landing Page shall be the User-Generated Content you have already submitted to the Website. Following the submission of such User-Generated Content, it will become available for uploading on your Landing Page. The User-Generated Content that is uploaded on the Landing Page may be modified by us in order to conform to these Terms of Services.
GRANT OF LICENSE
1. On the condition that you comply with all your responsibilities under these CA Terms, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use our Website.
2. Any other use of the Website contrary to our mission and purpose is strictly prohibited and a violation of these CA Terms. We reserve all rights not expressly granted to us in these CA Terms, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest on the Website and all related items, including any and all copies made of the Website.
3. We do not claim any ownership right in the Content or any other materials that you transmit, submit, display or publish on or through the Website or in connection with our services.
4. By accepting these CA Terms, you acknowledge and explicitly agree that any User-Generated Content you upload to the Website may be included in general marketing or promotional materials relating to the Website and its services, in our sole discretion.
5. You acknowledge that you cannot bring legal action against us or any of our employees, officers or agents for any damages of any kind, and for any reason, as a consequence of using the Website or its services.
CREATOR AND/OR AGENCY AGE-RELATED RELEASE AND AFFIDAVIT AND ADDITIONAL CREATOR AGE-RELATED RELEASE AND AFFIDAVIT (RECORDS KEEPING COMPLIANCE FORM PURSUANT TO 18 U.S.C § 2257)

By accepting these CA Terms, you also accept the following, as applicable:

A. You, as Creator, or you, as Agency representing Creator(s), do hereby certify to us, that you are, or each Creator that you represent on the Site as Agency, is over the age of eighteen (18) years of age, and has full legal competence and authority to sign this release. You, or each Creator you represent as Agency state that this is a voluntary decision to sign this release and to do any photographic or video session, either by yourself or by a third party, or to offer User-Generated Content, and that the reason to do so was voluntary and not due to force, duress or any other reason.

B. You, or each Creator you hereby represent as Agency, does hereby grant permission, at no payment or other compensation, to us and our affiliates, successors, licensees and assignees who may use and reuse, publish, distribute, edit, excerpt, exhibit and otherwise exploit your name (real or fictitious), likeness, persona, performance, voice, pictures, videos and statements (collectively “Creator’s Appearance”), for any and all uses, in whole or in part, in any and all media, including but not limited to multimedia, on-line services and digital media, by any and all methods and in any and all manners, now known or hereafter devised, throughout the universe in perpetuity, unless revoked by either party, without limitation, including in connection with the advertising, exploitation and publicizing.

You understand that any of the foregoing might include nudity of others and sexual themes.

Unless revoked by either party, you grant and assign to us a non-exclusive, perpetual license regarding all rights, title and interest of every kind and character throughout the universe in and to Creator’s Appearance and the results and proceeds of Creator’s Appearance (as agreed upon between the parties separately).

C. You have submitted either as Creator or as Agency on behalf of your affiliated Creator(s) one of the following government-issued photographic identification document(s): National ID, passport, or another recognized document. If Creator and/or Agency is a US citizen or has a US green card, provision of social security card is also mandatory.

D. You also hereby grant permission to us to send so-called “DMCA Takedown Notices” to operators of websites publishing the User-Generated Content/Appearances without prior authorization to do so. However, you are fully aware that no legal obligation exists for us to do so.

E. UNDER 28 U.S.C. § 1746 AND PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES, YOU SWEAR THAT THE FOREGOING IS TRUE AND CORRECT AND THAT EACH OF THE IDENTIFYING DOCUMENTS WHICH YOU HAVE PROVIDED, WHETHER AS CREATOR OR AS AGENCY ON BEHALF OF AFFILIATED CREATOR(S) WERE LAWFULLY OBTAINED BY YOU (OR BY THE PERSON SHOWN ON THE IDENTIFYING DOCUMENT) AND HAVE NOT BEEN FORGED OR ALTERED IN ANY WAY.

We may rely on the identification document(s) presented to us as proof that you or your affiliated Creator(s) are at least eighteen (18) years of age.

You, or as Agency for your affiliated Creator(s), also need to ensure that any person(s) except the Creator (hereinafter the “Additional Performer(s)”) to appear in any of the User-Generated Content accepts the following Additional Performer, Age-Related Release and Affidavit:

A. He/she (meaning hereby the Additional Performer(s)), does hereby certify to us, that he/she is over the age of eighteen (18) years of age, and has full legal competence and authority to sign this release. He/she states that this is a voluntary decision to sign this release and to do or appear in any User-Generated Content, and that the reason to do so was voluntary and not due to force, duress or any other reason.

B. He/she does grant permission, at no payment or other compensation, to us and our affiliates, successors, licensees and assignees who may use and reuse, publish, distribute, edit, excerpt, exhibit and otherwise exploit his/her name (real or fictitious), likeness, persona, performance, voice, pictures, videos and statements (collectively “Additional Performer’s Appearance”), for any and all uses, in whole or in part, in any and all media, including but not limited to multimedia, on-line services and digital media, by any and all methods and in any and all manners, now known or hereafter devised, throughout the universe in perpetuity, unless revoked by either party, without limitation, including in connection with the advertising, exploitation and publicizing.

He/she understands that any of the foregoing might include nudity of others and sexual themes.

Unless revoked by either party, he/she grants and assigns to us a non- exclusive, perpetual license regarding all rights, title and interest of every kind and character throughout the universe in and to his/her Additional Performer’s Appearance and the results and proceeds of his/her Additional Performer’s Appearance.

C. He/she submitted one of the following government-issued photographic identification document(s): National ID, passport, or another recognized document.If Additional Performer is a US citizen or does have a US green card, a US issued photo-ID is mandatory.

D. He/she also grants permission to us to send so-called “DMCA Takedown Notices” to operators of websites publishing the User-Generated Content/Appearances without being authorized to do so. However, he/she is fully aware that no legal obligation exists for us to do so.

E. UNDER 28 U.S.C. § 1746 AND PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES, HE/SHE SWEARS THAT THE FOREGOING IS TRUE AND CORRECT AND THAT EACH OF THE IDENTIFYING DOCUMENTS WHICH HE/SHE HAS PROVIDED WERE LAWFULLY OBTAINED BY HIM/HER (OR BY THE PERSON SHOWN ON THE IDENTIFYING DOCUMENT) AND HAVE NOT BEEN FORGED OR ALTERED IN ANY WAY.

We can rely on the identification document(s) presented to us as proof that he/she is at least eighteen (18) years of age.
RESTRICTION OF USE AND REPORTING
1. Other than personally identifiable information, which is covered under our Privacy Notice, any material you transmit to or post on the Site shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate, and otherwise use such material and all data, images, sounds, text, comments, and other things embodied therein for all commercial or non-commercial purposes.
2. The Content you attempt to publish on the Website must not infringe any applicable laws or rights of third parties. Further, Content posted must not violate these CA Terms, including any policies or documents referenced in these CA Terms, including inter alia the section involving prohibited Content, found herein below.
3. If you see any Content that you suspect violates applicable law, third party rights, or these CA Terms, please report such Content to us, using the electronic form available at https://fancentro.com/support/content-removal. Further, the Website does not permit any form of non-consensual content including so-called revenge porn, blackmail, or intimidation, and such violations may also be reported using the content removal link herein.
4. In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content. Any determination regarding breach of any of the following is final. Please review the following list of prohibited uses carefully before using the Website. Specifically, you agree not to use any of the Website to:
  - violate any law, or encourage, or provide instructions to another to do so.
  - act in a manner that negatively affects other Users’ and/or Creators’ and/or Agencies’’ ability to use the Site, including without limitation by engaging in conduct and/or posting material that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence to people or animals, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable.
  - post, transmit, encourage, or otherwise permit for any material that depicts or advertises any person under eighteen (18) years of age (or older in any other location in which eighteen (18) is not the minimum age of majority) whether real or simulated.
  - post, transmit, encourage, or otherwise permit for any material for which you have not maintained written documentation sufficient to confirm that all subjects of your posts are, in fact, over eighteen (18) years of age, or older in any other location in which eighteen (18) is not the minimum age of majority in the applicable jurisdiction.
  - allow access or viewing to or by, or engage and/or interact with, any person who has not yet reached at least eighteen (18) years of age, or older in any other location in which eighteen (18) is not the minimum age of majority in the applicable jurisdiction.
  - post, transmit, encourage, or otherwise permit for any material depicting underage persons and/or characters, regardless of whether depicting sexual activity, non-consensual sexual activity, revenge porn, blackmail, intimidation, snuff, torture, death, violence, incest, racial slurs, or hate speech, (either orally or via the written word).
  - post or transmit any material that contains falsehoods or misrepresentations that could damage the Website or any third party.
  - post or transmit any material that is obscene, illegal, unlawful, fraudulent, defamatory, libelous, harassing, hateful, racially, or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
  - post or transmit any material containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation.
  - post any Content containing sweepstakes, contests, lotteries, or otherwise related to gambling.
  - post or transmit any material containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own or for which you have not obtained all necessary written permissions and releases.
  - post or transmit any material which impersonates another person or falsely states or otherwise misrepresents your affiliation with a person.
  - use the Website (or post or transmit any material that) in any way that promotes or facilitates prostitution, solicitation of prostitution, human trafficking, or sex trafficking.
  - use the Website to arrange any in-person meetings for purposes of sexual activity for hire.
  - deploy programs, software, or applications designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial-of-service attack or similar conduct.
  - deploy or use programs, software or applications designed to harm, interfere with the operation of, or access in an unauthorized manner, services, networks, servers, or other infrastructure.
  - exceed your authorized access to any portion of the Website.
  - remove, delete, alter, circumvent, avoid, or bypass any digital rights management technology, encryption or security tools used anywhere on the Website or in connection with our services.
  - collect or store personal data about anyone.
  - alter or modify without permission any part of the Website or its content, including ads.
  - obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Websites.
  - exploit errors in design, features which are not documented, and/or bugs to gain access that would otherwise not be available.
  - use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  - use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website without our prior written consent.
  - use any manual process to download, monitor or copy any of the material on the Website or for any other unauthorized purpose.
  - use any information obtained from or through the Website to block or interfere with the display of any advertising on the Website, or for the purpose of implementing, modifying, or updating any software or filter lists that block or interfere with the display of any advertising on the Website.
  - use any device, bots, scripts, software, or routine that interferes with the proper working of the Website or that shortcut or alter Website functions to run or appear in ways that are not intended by the Website’s design.
  - introduce or upload any viruses, Trojan horses, worms, logic bombs, time bombs, cancelbots, corrupted files or any other similar software, program, or material which is malicious or technologically harmful or that that may damage the operation of another’s property or of the Website or our services.
  - attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  - remove any copyright or other proprietary notices from our Website or any of the materials contained therein.
  - attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  - otherwise attempt to interfere with the proper working of the Website.
5. You agree that you will only use the Website and our services for the purposes expressly permitted and contemplated by these CA Terms, and applicable laws. You may not use the Website and our services for any other purposes, including commercial purposes, without our express written consent. Content you upload to the Sites must not, in any way, contradict these CA Terms and applicable laws or encourage others to do so, either directly or indirectly, and in any way.
6. You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with the functioning of the Website or use and/or monitor any information in or related to the Website for any unauthorized purpose. Specifically, you agree that you will not (and will not permit any third party to) do any of the following:
  - Violate any applicable laws and regulations, whether federal, state, local, foreign or international, applicable to the Website, its data or use of the Website or its data, and you will not otherwise engage in any illegal, manipulative or misleading activity through use of the Website or its data.
  - Use the Website or data to provide, link, or otherwise make available, any information on the Website that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, harmful to minors or racially, ethically, or otherwise objectionable.
  - Post any User-Generated Content that, in any way, violates, plagiarizes, or infringes upon the rights of any third party, including but not limited to, any copyright or trademark law, privacy or other personal or proprietary rights or is fraudulent.
  - Impersonate any person or entity (whether real or fictional) or otherwise misrepresent your affiliation at the risk of us refusing to grant you an account or discontinuing your use of your current account.
  - Publish, in any manner or medium, any personal or sensitive information of Users or other Creators or Agencies including, but not limited to, real names and surnames, addresses etc.
  - Manipulate, forge, otherwise modify information or identifiers in a manner which may hide or disguise the origin of any information.
  - Attempt to gain access to confidential information to which you are not entitled through login solicitation or not.
  - Modify, reverse engineer, reverse assemble, decompile, or hack into any software applications or related tools or utilities used by the Website.
  - Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or any other similar software or programs that may damage the operation of another’s property or of the Website or our services.
  - Alter or delete information not provided by you or, interfere with the operations of the Website including, but not limited to, by distribution of unsolicited advertising or mail messages or propagation of worms or viruses.
  - Share your password, let anyone else access your account, or do anything else that might jeopardize the security of your profile.
  - Create another account.
  - If we disable your profile, you will not create another one without our permission.
ADDITIONAL CREATOR AND/OR AGENCY RULES
1. The below describe further, prohibited behaviors or actions
  - Communication between a User of the Website and you as a Creator may only take place over the Website’s messaging system. The exchange of email addresses, telephone numbers, physical addresses or any other information which may constitute contact information outside of the Site is strictly prohibited.
  - You are not allowed to advertise, promote or otherwise endorse commercial Competitor websites under any circumstances whilst on the Site but you may mention your own profiles, homepages and wish lists in connection with the Website. Without prejudice to the preceding sentence, you are not allowed to advertise and/or promote, whether directly or indirectly, your personal website, any Competitor websites, and/or other services and/or events and/or products with the intent of such advertising and/or promotion, including but not limited to, to draw Users of the Website away from the Website.
  - For further clarification, ‘Competitor’ shall mean in relation to the Site, any natural or legal entity offering a service which can be used to fill or satisfy a consumer need (whether real or imagined) in a market where other natural or legal entities offer similar services that may fill or satisfy the same or effectively the same need. You must not ask for Users’ account information or to log in User accounts that do not belong to you.
  - If you try to deceive Users of the Website by playing recorded video instead of actually performing live in such cases where it is implied that you are performing live, you will be immediately banned, and any unpaid commission will be forfeited.
  - If you have not logged into the Website in the past twelve (12) or more consecutive months, you may find your account terminated or disabled, and any unpaid commissions forfeited. Further, any unpaid commissions will be forfeited if you are terminated for violating these Terms of Services.
  - You are solely responsible for familiarizing yourself with the latest version of these Terms of Service, the Non-Consensual Content Policy, the Child Sexual Abuse Material Policy, Privacy Notice and any other important documents on the Website.
  - We retain the right to electronically filter and/or manually check messages sent over the Website’s messaging system for suspicious keywords. Should you disregard the additional Creator and/or Agency rules found in this section 10, we may, in our sole discretion, taking into account the severity of the offense or breach, warn you, suspend your account, or demand that you immediately pay a penalty
2. Notwithstanding any other provision of these CA Terms, we reserve the right to issue additional requirements from time to time in relation to the maintenance of your status as Creator and/or Agency of the Sites. Failure to comply with such additional requirements by a specified date will result in your Creator and/or Agency account being changed to a User account, as defined in the General Terms, or disabled or deleted in its entirety, and you will therefore be unable to contribute further Content on the Sites and receive consequent commission for such contributions
3. Any amount remaining in the electronic wallet of your Creator and/or Agency account as of the date of this change of your Creator account to User status will be converted into Credits. You shall be informed of any such requirements in advance and in text form, for example but not limited to, via a pop-up notification on the Website when logging into your account, or via e-mail.
PROHIBITED CONTENT
1. An indicative, but non-exhaustive, list of Content that is illegal or prohibited includes material or Content that:
  - Constitutes child sexual abuse material (CSAM) (whether real or in animated/cartoon form) or which involves depictions of nudity or sexuality by an age-inappropriate-looking person featured in the same (i.e., someone who looks younger than eighteen (18), regardless of their actual age) or by a person who is portrayed or otherwise made to appear as a person under the age of eighteen (18) by virtue of the script, make-up, demeanor, costuming, setting or props.
  - Depicts any interactions, whether via User-Generated Content or otherwise, which promotes, accepts, involves, depicts, encourages, or constitutes underage sexual activity, or any person(s) under eighteen (18) years of age (or older than eighteen (18) years of age where eighteen (18) is not the minimum age of majority) whether fictional or real.
  - You have not maintained or otherwise acquired proper, written documentation for, that is sufficient in a manner such that it confirms that all subjects of the Content are, in fact, over eighteen (18) years of age (or older than eighteen (18) years of age where eighteen (18) is not the minimum age of majority).
  - Exploits or solicits personal information from anyone under eighteen (18).
  - Violates any national, federal, state, provincial or local laws, rules, regulations, or ordinances concerning obscenity.
  - Constitutes or depicts revenge porn, blackmail, intimidation, snuff, torture, death, violence, incest, racial slurs, or other hate speech (either orally or via written word and whether fictional or real).
  - Discusses or arranges dating, prostitution, or escort services.
  - Depicts “scat”, human feces, human defecation, vomit, or the consumption of matter intended to look like feces or vomitus.
  - Provides content involving the impersonation of another, the threat of suicide or harm to oneself or others, bestiality (sex, actual or pretend, with animals) or necrophilia (sex, actual or pretend, with a corpse).
  - Harasses, bullies, or invades the privacy of another person.
  - Is patently offensive to the online community, including content that promotes racism, bigotry, hatred, or physical harm against any individual or group.
  - May be deemed obscene in your community.
  - Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.
  - Depicts the illegal use of a gun, or drugs, or rape, real or simulated, or any other coerced sexual conduct. If you cannot do it without committing a crime, do not pretend to do it.
  - Depicts violence, incest, racial slurs, or hate speech, (either aurally or via the written word).
  - Shows any person who appears to be unconscious, under the influence of drugs or alcohol.
  - Promotes illegal or unsafe activity of any kind, violence, blood, torture, pain, erotic asphyxiation, or any actions associated with bringing harm to yourself in any way.
  - Promotes an illegal or unauthorized copy of another’s copyrighted work, such as pirated computer programs or links to them, or providing information to circumvent manufacturer-installed copy-protect devices or providing pirated music or links to pirated music files.
  - Involves transmission of “junk mail”, “chain letters” or unsolicited commercial email or “spam”.
  - Promotes information you know is false, misleading or promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous.
  - Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page).
  - Includes any material not fully in compliance with United States Code, Title 18, Section 2257 et seq. or any other applicable statutes, or laws of any other jurisdiction concerning depictions of sexually explicit conduct.
  - Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users.
  - Involves sending advertisements in chat or instant messaging messages.
  - Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
  - Includes any file or data stream that contains viruses, worms, ‘Trojan horses’ or any other destructive features.
  - Promotes or solicits business for another website.
2. In accordance with the provisions of these CA Terms, you agree that we may review your User-Generated Content and take action upon receipt of complaints and/or as the result of an internal investigation and/or to comply with our legal obligations and/or for any or no reason, at our sole discretion.
3. You, as Creator, are solely responsible for any User-Generated Content you post, and we may investigate and take legal or other action, in our sole discretion, against anyone who violates these CA Terms, including removal of the offending post from the Website and termination of your account.
MONITORING AND ENFORCEMENT
1. We have the right but not the obligation to take any of the following actions, including when we detect, or are notified of, any prohibited activity and/or misuse of the Website by way of any materials/Content uploaded to the Website or behavior that infringes applicable laws, rights of third parties, or the CA Terms. When deciding on appropriate action, we consider all relevant factors such as the frequency, severity, and impact of a violation, as well as any measures previously imposed on an infringer:
  - Issue a written warning to the infringer. Before we temporarily or permanently suspend an infringer’s access to our services following provision of manifestly illegal Content or action by such infringer we may issue a warning to the infringer, provided such warning would not conflict with the purposes of the moderation decision. Examples of misuse that may be sanctioned with a suspension or termination include, but are not limited to, the frequent uploading of Content that violates applicable law, third party rights, or these CA Terms, or the uploading of material/Content that manifestly and severely violates applicable law, third party rights, or these CA Terms, such as CSAM or revenge porn.
  - Restrict the visibility or other accessibility of Content.
  - Restrict the access of, suspend, or terminate a User’s account.
  - Restricting, suspending, or otherwise terminating a Creator’s or Agency on behalf of a Creator’s ability to monetize their Content.
  - Restricting, suspending, or withholding earnings and payouts.
  - Report the infringer to law enforcement authorities.
  - Monitor any communication occurring on or through the Website to confirm compliance with these CA Terms, the security of the Website, or any legal obligation.
  - Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
2. We may also remove or refuse to post any Content you submitted or contributed to this Website for any or no reason in our sole discretion, including, without limitation, if any information or documentation provided by you is inadequate, incomplete, or inaccurate or does not allow us to assess and confirm your identity.
3. If we have reason to believe that your use of the Website is and/or potentially could constitute prohibited Content or behavior as described herein above, therefore violating any applicable law, third party right, or these CA Terms, we may take appropriate interim actions (as described herein), to prevent potential harm to our further investigation.
4. We use a variety of procedures and tools to identify, review and moderate Interactions. This includes both human and automated review, or a combination of both, depending on what is appropriate and required in each individual case.
5. Automated review may include the use of systems which assist us in identifying infringing Content, determining the prioritization of certain issues, and applying appropriate measures. Content may be compared against databases of digitally finger-printed content and other, similar repositories. Automated review may be subject to further manual verification, in the context of which Content and measures may be reassessed.
6. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through the Website. YOU WAIVE AND HOLD US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, AND ASSIGNS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AS A CONSEQUENCE OF DISCLOSING PERSONAL INFORMATION IN RELATION TO DATA DISCLOSURE REQUESTS FROM LAW ENFORCEMENT AUTHORITIES.
7. We take a powerful stand against any form of child exploitation or human trafficking. If we discover that any material that appears to constitute CSAM, we will remove the material and submit a report to the appropriate organization and alert law enforcement.
8. If you see any Content and/or become aware or suspect to be in violation of applicable law, third party rights, or of these CA Terms and/or any other terms incorporated herein by reference, please report such to us, using the electronic form available at https://fancentro.com/support/content-removal. Further, the Website does not permit and will not tolerate any form of revenge porn, blackmail, or intimidation, and such violations may also be reported using the content removal link herein.
9. To maintain our services in a manner we deem appropriate for our venue and to the maximum extent permitted by applicable laws, we may review, monitor, display, reject, refuse to post, store, maintain, accept, or remove any material posted (including, without limitation, private messages, public comments, public group chat messages, private group chat messages, or private instant messages) by you, and we may, in our sole discretion, delete, move, re-format, remove, or refuse to post or otherwise make use of material without notice or any liability to you or any third party in connection with our operation of the Website in an appropriate manner. In order to effectively uphold the provisions of this section, we may take any such actions as described herein before the Content is posted on the Website. Without limitation, we may do so to address material that comes to our attention that we believe is offensive, obscene, violent, harassing, threatening, abusive, illegal, or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms of Services or any applicable additional terms, including, without limitation, the Content and/or material restrictions set forth herein.
10. We assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any User or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
COMMISSION
1. On all Fan Payments made in relation to your Creator page or Content, you will be entitled to receive a percentage of the revenue share generated from the sale of the same, as listed below, net of any applicable sales taxes (such as, but not limited to, Value Added Tax) (hereinafter the “Creator and/or Agency Earnings”):
  1. Audiovisual Content sales – 80% (eighty percent)
  2. Tips – 80% (eighty percent)
  3. Subscriptions – 80% (eighty percent)
  4. Direct messaging – 80% (eighty percent)
2. Fan Payments are processed through third-party payment service providers or other payment processors.
3. All Fan Payments and Creator and/or Agency Earnings are transacted in USD, EUR, CAD, GBP, and certain supported cryptocurrencies, or as these may be from time to time subject to financial institution provisions of such services. Currency conversion fees and other bank charges may be applied by your bank, which we are not responsible for.
4. You agree that we may withhold all or any portion of any Creator and/or Agency Earnings owed but unpaid to you in the following circumstances:
  - Refunds or chargebacks occurring on Fan Payments relating to your Creator and/or Agency Earnings.
  - Fan Payments in relation to your Creator and/or Agency Earnings or your Creator and/or Agency Earnings themselves have been generated as a result of fraud.
  - You have or are suspected of breaching (or threaten to, or intend on, or are suspected of intending to breach) these CA Terms and/or other, applicable terms as incorporated herein by reference and/or any applicable legislation.
5. We may withhold Creator and/or Agency Earnings for as long as we need to investigate the cause of the withholding. Depending on the outcome of such investigation, we may decide to release or keep the Creator and/or Agency Earnings (in which case such Creator and/or Agency Earnings are deemed forfeited by you). Without prejudice to any other rights or recourses we may have against you, we may set off such amounts we withhold from you against any losses suffered by us.13.5 The amount of the chargebacks and chargeback reversals appearing in your account is indicative only and not definite and subject to fluctuations resulting from currency exchange rates (i.e. currency in which Credits were purchased by User who initiated chargeback and chargeback reversal against currency of the amounts payable to you). The final and definite amounts of any and all chargeback reversals will be added to any amounts payable to you. The final and definite amounts of any and all chargebacks will be deducted from any amounts payable to you.
6. Payment is processed once a month and shall be initiated and processed within ten (10) business days of the month; provided, however, that payment will be made only when the minimum payout, based on net income, of $100.00 has been reached. Any amount below $100.00 will be carried over to the following month until the minimum payout has been reached and will be paid on the next following payment date. If you provide us with incorrect payment details, any fees for chargebacks resulting from such incorrect payment details will be offset against any amounts otherwise payable to you.
7. We remind you that it is solely your duty and obligation to fulfill all tax obligations with regard to your activities for us, for example registration, declaration and payment obligations related to income taxes and VAT. If we or a related party assists you with these obligations, it does not release you from your obligations. It is your duty to inform us in a timely manner of changes to your personal data such as an address change or a new e-mail.
8. Where the Creator (supplier) is a taxable person for VAT purposes, they hereby authorize Fancentro (customer) to issue invoices in the name and on behalf of the Creator (self-billing). Any Creator who is a taxable person hereby confirms that they will not issue any VAT invoices for transactions under the Terms of Services and shall accept any such invoices issued on their behalf by Fancentro. In case of de-registration from VAT or in case of any changes of the Creator status as a taxable person, they shall be obliged to notify Fancentro immediately. This self-billing agreement shall be effective for a period not exceeding 12 months.
9. Upon the expiration of the period of this self-billing agreement, this self-billing agreement shall be automatically renewed for succeeding periods of 12 months each unless either party gives the other party a written notice at least 30 days prior to the expiration of any period of its intent not to renew this self-billing Agreement.
10. In the event you violate, or fail to comply with, any part of these CA Terms, any third party right (including without limitation any copyright, property, or privacy right), or where a third party claims that all or any part of your User-Generated Content caused it damage, we may, at our sole discretion, withhold payments to you indefinitely.
COMPLAINT HANDLING PROCEDURE
1. If we take any action concerning you, your account, or any Content that you attempted to or uploaded on the Website, as set out in the provisions of these CA Terms, you may lodge a complaint against such decision. Similarly, you may lodge a complaint if you disagree with our decision following a notice you submitted for Content reporting or removal.
2. We handle complaints in a timely, non-discriminatory, diligent, and objective manner. We may reverse previous decisions if a complaint sufficiently demonstrates that:
  - The interaction to which our decision related did not in fact violate applicable law, third party rights, or these CA Terms.
  - Our prior decision to not act on a notice was unjustified.
  - Our prior decision was unjustified or disproportionate in any other manner.
3. Abuse of Reporting and/or Complaint Handling System
  1. We may suspend your access to our reporting and internal complaint-handling systems for a reasonable period if you frequently submit notices or complaints that are manifestly unfounded. Prior to such suspension we may issue a warning, provided that this does not conflict with the purpose of the suspension or with other, appropriate measures that may be applied. When deciding on the suspension, we consider factors such as the frequency, severity, and impact of your violation(s), as well as any prior measures imposed. Examples of misuse of our reporting and/or complaint-handling system that may be subject to suspension include, but are not limited to:
  - Frequently submitting multiple, identical, and unfounded notices or complaints.
  - Frequently submitting notices or complaints that are obviously unfounded.
WARRANTY DISCLAIMER
1. You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, we, our parent corporation, our and its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. We make no warranties or representations about the accuracy or completeness of the Website’s content or the content of any sites linked to the Website and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Website, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website. We reserve the right to delete any content or link without any notice or warning to the user who uploaded it. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third- party providers of products or services.
PRIVACY AND USE OF INFORMATION
1. We remind you that, in relation to disclosure of user information, our Privacy Notice states that you acknowledge, consent and agree that we may access, preserve and disclose information you provide, if required to do so by law or in a good-faith belief that such access, preservation or disclosure is reasonably necessary in our opinion to comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosure, enforce these terms of service, respond to claims of a violation of the rights of third parties, whether or not the third party is a user, individual or government agency, or protect the rights, property, or personal safety of the Website, our users or the public.
2. We retain the right, unless specifically revoked by you in writing, to use details of your visit to the Website including, but not limited to, traffic data, location data, weblogs and other communication data, and the resources that you are accessing for advertising, market research, and to configure our portal to better suit resource requirements. In this section, you are informed of the right to contest the usage of your data.
LIMITATION OF LIABILITY
1. By agreeing to use our services, you agree that we, our parent corporation, our and its officers, directors, employees, and agents are immune from liability under the fullest extent of the law, and/or as provided by the Communications Decency Act, as to any content and nothing in these CA Terms is intended to waive or diminish such immunity. You understand and expressly agree that we reserve the right to monitor some, all, or no areas of the Website for adherence to these CA Terms or other rules that may be published from time to time and may delete any content, User-Generated Content or profiles that in our sole judgment violates these CA Terms. In no event shall we, our parent company, our officers, directors, employees, or agents, be liable to you for any indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Site, (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Site by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages. You specifically acknowledge and waive any claim based on our good faith disabling of access to, or removal of, material or activity which has been claimed to be infringing or based on facts or circumstances from which infringing activity appears likely, regardless of whether the material or activity is ultimately determined to be infringing. Our liability in any case shall not exceed the sum of €500.00. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. You specifically acknowledge that we, our parent corporation, our officers, directors, employees, or agents shall not be liable for User-Generated Content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
2. These CA Terms do not apply to the practices of third parties that we do not own or control such as social media platforms, including but not limited to, Facebook, Instagram, X, Snapchat, YouTube (collectively hereinafter referred to as “Social Media”). If you link your Social Media account/page with your Creator Landing Page and that Social Media platform suspends or terminates your Social Media account/page for any reason, you specifically acknowledge that we, our parent corporation, our officers, directors, employees, or agents shall not be liable for any such actions taken by Social Media platforms towards your Social Media account/page.
INDEMNIFICATION
1. To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Website, the operator, its parent, subsidiary and affiliated corporations, their officers, directors, shareholders, employees and agents, server maintenance and contributors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorneys’ fees) arising from (i) your use of and access to the Website; (ii) your use of your Social Media account/page after you have linked it to your Creator Landing Page (iii) your violation of any part of these CA Terms; (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (v) any claim that all or any part of your User-Generated Content caused damage to a third party. This defense and indemnification obligation will survive these CA Terms and your use of the Website or services.
2. The provision of any services which are in violation of any laws is strictly prohibited. If we determine that you provided or intend to provide any services or material in violation of any law, your ability to use the Website and our services will be terminated immediately. We have every right to cooperate with law enforcement or private aggrieved parties that we may be legally compelled to do so. We do hereby disclaim any liability for damages that may arise from any user providing any material or services for any purpose that violates any law. You do hereby agree to defend, indemnify and hold us harmless from any liability that may be imposed on us arising from your violation of any law — whether online or offline.
3. You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any claims including without limitation, any criminal action brought by any party.
4. The Website contains material that may be offensive to third parties. You agree to indemnify and hold us harmless from any liability that may arise from someone viewing such material and you agree to immediately cease use of the Website and of our services should you find them offensive.
5. You agree to defend, indemnify, and hold us harmless, our officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resting from your, or you under another person’s authority including without limitation to governmental agencies, use, misuse, or inability to use the Website, our services, or any of the materials contained on the Website, or your breach of any of these Terms of Services. We shall promptly notify you by electronic mail of any such claim or suit and cooperate bully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at our own expense, and choose our own legal counsel, but are not obligated to do so.
6. Any Creator and/or Agency accessing the Website in an effort to engage in or facilitate illegal or tortious activities shall have his or her account and/or access to the Website subject to immediate cancellation and may be reported to the appropriate law enforcement agency.
7. You understand and accept that no communication between you and other members or Users of the Website is private. You hereby specifically release us and all other members or users of the Website from any liability for invasion of privacy, defamation, publicity, false light, and related torts, in the event that your communications or profile are made public. Nothing contained in this section is intended to limit the scope of releases and/or indemnification contained elsewhere in these CA Terms.
8. You hereby discharge, acquit, and otherwise release us, our parent, subsidiary or affiliated companies, our and their agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of or activities relating to the use of the Website and our services, including but not limited to claims relating to sexual harassment, negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contact or advantageous business relationship, defamation, privacy, publicity, intellectual property, misrepresentation, any financial loss not due to the fault of the Website, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of the Website, unavailability of the Website, its functions and/or services and any other technical failure that may result in inaccessibility to the Website, or any claim based on vicarious liability for torts committed by individuals met on or through the Website, including but not limited to fraud, theft or misuse of personal information, assault, battery, stalking, rape, theft, cheating, perjury, manslaughter, or murder.
TRADEMARK INFORMATION
1. The name of the Website is considered a service mark. We aggressively defend our intellectual property rights.
2. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
3. All of the marks, logos, domains, and trademarks that you find on the Website may not be used publicly except with express written permission from us and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us.
NO AGENCY RELATIONSHIP
Nothing in these CA Terms shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth in these CA Terms.
ASSIGNMENT
These CA Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
TERM AND CANCELLATION POLICY
1. The agreement evidenced by these CA Terms is not limited by an expiration date and can be terminated by either party at any time with or without specific grounds.
2. All rights granted by you to us during the effective term of the CA Terms shall survive the termination of this agreement by either party. You acknowledge that we shall not be liable to you or any third party for any termination of your access to the Website.
3. Notwithstanding the above, you acknowledge that, in the event of the termination of the CA Terms by either party, we will be allowed to store a copy of your User-Generated Content in order to allow Users of the Website who, prior to the termination of this agreement, purchased such User-Generated Content to continue accessing, after the termination of the CA Terms, the purchased User-Generated Content for the duration of the User’s membership at the Website. In the event of termination of the CA Terms, we will cease all sale, marketing and promotion of your User-Generated Content and will use our commercially reasonable efforts to remove any and all marketing materials related to you or your User-Generated Content from the Website or other websites. However, and for the avoidance of doubt, we are only able and will only be obliged to remove such marketing materials from websites that we control.
4. We reserve the right, in our sole discretion, to terminate these CA Terms and your access to all or part of the Website, with or without notice, for any or no reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these CA Terms.
GENERAL
No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these Terms of Services, and our failure to assert any right or provision under these Terms of Services shall not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms of Services, or any portion thereof to be unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of these Terms of Services will continue in full force and effect. If any term, section, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, section or provision and such invalid term, section or provision shall be deemed to be severed from these Terms of Services.
COMMUNICATION AND CONTACT OPTIONS
In accordance with Articles 11 and 12 of Regulation (EU) 2022/2065 (the “Digital Services Act” or “DSA”), by registering as a User on this Website (and by using the same), you expressly and specifically consent to receiving electronic communications from us relating to your account. We provide multiple contact options in compliance with the DSA, which you can use for communications on topics specific to the DSA: you can reach us via email atdsa@fancentro.com, through our webform, or by mailing us at CentroBill Ltd, 253 Main Street; #222, Matawan NJ 07747
ONLINE SAFETY ACT (AUS)
1. For the purposes of this section:
  
  "Class 1A Material" shall mean any material, by any medium, that depicts or otherwise contains child sexual exploitation/child sexual abuse, extreme crime and/or violence, or material that is in support of terror and/or acts of terror.
  
  "Class 1B Material" shall mean any material that depicts or otherwise contains crime and/or violence (but not extreme drug or violence), or drug-related material.
  
  Class 1A Material and Class 1B Material may hereinafter collectively be referred to as “Illicit Material”.
2. Per the provisions of the Online Safety Act (2021) (the “OSA”) Creator and/or Agency hereby must ensure and subsequently warrant that:
  - The Content uploaded or attempted to be uploaded to the Site is in adherence to the terms and conditions described herein.
  - Any Content uploaded or attempted to be uploaded to the Site does not contain Illicit Material.
  - We reserve the right to and shall take any action we deem necessary in order to limit, prevent, remove, or otherwise moderate any content which infringes the provisions of this section and/or any other, applicable terms. Creator and/or Agency shall also ensure, to the extent possible, that Users comply with the provisions of this section.
3. We have a zero-tolerance policy towards the solicitation, access, generation, distribution, or storage of any content that involves the depiction of children or features Class 1A Material in any capacity. All child sexual exploitation/abuse material that we identify or are made aware of will result in the immediate removal of the content in question as well as the immediate removal of its uploader from the Site. Without prejudice to all other rights reserved for action against the above (including account suspension, removal of infringing content etc.), we report all cases of apparent child sexual exploitation/abuse material to the National Center for Missing and Exploited Children.
JURISDICTION AND CHOICE OF LAW AGREEMENT
1. These CA Terms as well as the business cooperation per se shall be governed by and construed in accordance with the laws of the Republic of Cyprus and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
2. The parties irrevocably agree that the courts of the Republic of Cyprus have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
3. We cooperate with out-of-court dispute settlement bodies (“Dispute Settlement Bodies”) that have been certified in accordance with Art. 21(3) of the DSA. The European Commission publishes a list of these bodies.If you have your place of establishment or are located in the European Union, you have the right to select a Dispute Settlement Body to assist in resolving disputes relating to decisions previously taken by us regarding your account or Interaction with the Website, or notices you submitted to us. This includes cases in which complaints have remained unresolved by our internal complaint-handling system, as described in section “Complaint Handling Procedure”.
4. We reserve the right to refuse to cooperate with your selected Dispute Settlement Body if:
  - A dispute has already been resolved or is already subject to an ongoing procedure before a competent court of relevant jurisdiction, or before another Dispute Settlement Body.
  - The Dispute Settlement Body has been contacted after the six-month period from notification to you of our decision has lapsed, and you have not previously filed a complaint through our internal complaint-handling system over a particular issue.