- CupidFans accessed at https://cupidfans.app ("CupidFans" or the "Website") is a social media website and application service that allows users “Starts” to upload photos and videos to their profile, setting a monthly subscription price and therefore earning money from any paying subscribers ("Fans"). CupidFans is operated by CupidTech LTD, with company registration number: 14301066 and registered address: 128 City Road, London, EC1V 2NX, UNITED KINGDOM.
- This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
- We reserve the right to make changes to these Terms at any time and at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. By continuing to use CupidFans after such notice, you agree to these Terms as modified. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
- We do not own User Content on CupidFans and views expressed by Users on CupidFans do not represent the views of CupidFans. All User Content transactions and interactions on CupidFans are between Users and at no point does CupidFans become a party to any transaction or interaction between Users.
- We reserve the right at any time and without notice to:
- modify, suspend or terminate CupidFans or any portion thereof;
- restrict, limit, suspend or terminate your access to CupidFans or any portion thereof;
- delete any content you post on CupidFans if in our reasonable opinion it does not comply with these Terms and/or applicable law;
- monitor your use of CupidFans (including any content or message you post or broadcast on CupidFans) to verify compliance with these Terms and/or any applicable law;
- investigate any suspected or alleged misuse or unlawful use of CupidFans and cooperate with law enforcement in such investigation;
- disclose information about your use of CupidFans in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order;
- change the payment or payout processor that enables you to make or receive payments as a User.
- From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users.
- To register and create an account on CupidFans, you must provide a valid email address, a username, and a password or a valid Social Media account. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
- If you are looking to subscribe to other profiles you will need to add a payment card. When adding a payment card, your card information is stored by a payment processor. However, as far as legally possible, CupidFans reserves the right to change the payment processors it uses at any time and without notice to you. CupidFans does not store any payment card information.
- If you are looking to earn money from other Users subscribing to your profile, you will need to add a bank account and upload a valid form of ID. You may also need to submit additional legal information, such as a W-9 if you are resident in the United States of America (the exact information required will depend on your country). Your earnings will be paid into your bank account, via one of our payout processors or via direct bank wire. With exception to those Users seeking payment via direct bank wire, CupidFans does not store any bank account information, which is stored by our third-party payout processors.
- By registering on CupidFans, you confirm thaall account registration, profile information and content you provide is your own information and the content is truthful and accurate;
- if you previously had an account with CupidFans, your old account was not terminated or suspended by CupidFans for violation of these Terms;
- you will not use any third-party payment processors to accept payments for subscriptions, or any other service, via CupidFans;
- you register on CupidFans for your own personal use and you will not sell, rent or transfer your account to any third party; and
- CupidFans reserves the right, at any time, to verify the information which you provide to us as well as your compliance with these Terms and to suspend your account if it is unable to do so to its reasonable satisfaction
- You are fully responsible for any and all activities that occur on your account and you are responsible for keeping your login details confidential and secure. You agree not to disclose these details to any other person or entity and immediately by visiting Contact Us page. if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
- We have the right to disable any user name, password, or other identifiers, whether chosen by you or provided by us, at any time and at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
How it works
- CupidFans is a social media platform that lets you create a User profile, which in turn allows you to:
- upload and post photos and videos for access by your Fans; and/or
- subscribe to another User’s profile to view their otherwise restricted photos and videos.
- The term "User" refers to all users, whether using the Website to earn money or to subscribe to others.
- The term "User Content" means any and all media uploaded by Users.
Waiver and Severability
- No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
- If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Subscriptions Purchases, Wallets and Payment of Revenue
- To access another User's content on CupidFans, you must first click the 'Subscribe' button on that User's profile and purchase using a credit card. Subscriptions currently cannot be purchased using wallet funds. Once selected all subscriptions are recurring and will be automatically renewed in successive periods unless cancelled. All purchases are final and non-refundable. However, you may cancel your subscription at any time by tclick on the cancel subcription (x) icon next to each current subscription in your User profile dashboard (My Account / Purchases) or by visiting us at Contact Us. If a subscription is cancelled you will be able to access the User's profile until the end of the existing billing period, where you will lose access to the content and not be re-billed.
- If a User uploads content (an "Uploading User") then, subject to that User complying with these Terms and also not being catgorised as a High Risk User, that User is entitled to 85% of the revenue generated by other Users who subscribe to the uploading User's content. Payment will be made by or on behalf of CupidFans to the uploading User. All payments are subject to a minimum transaction processing fee of $1.00. Withdrawal payments can take up to 5 business days to arrive depending on the receiving providers processing times.
- Wallet funds can be used for unlocking premium video content, digital product downloads purchased via shopping cart, tipping during and after live and private shows.
- Ordinarily, our standard policy is that purchases and/or fees associated with your account are final and nonrefundable. However, we reserve the right to address any refund request and issue refunds in appropriate cases, within our sole discretion.
- Any purchase made on CupidFans resulting in excess refunds will lead to the immediate and permanent exclusion of the User’s account from the platform. Moreover, the chargeback amount will be removed from the earning Star’s income.
- Should you wish to deactivate your CupidFans account please contact CupidFans at Contact Us to submit your deactivation request. We will deactivate your account within 10 working days after receiving your request.
Intellectual Propety Rights
- Other than User Content, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:
- your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- you may store files that are automatically cached by your Web browser for display enhancement purposes; and
- you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
- Other than User Content, no right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
- The CupidFans name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
- Please find CupidFans DMCA policy by visting DMCA
- By creating and publishing User Content on CupidFans, you authorize your Fans to access and view (without downloading or copying) your User Content on CupidFans for their own lawful and personal use. You also represent, warrant and undertake that:
- you own, have a valid licence to, or otherwise control all rights in and to your User Content;
- to the extent your User Content includes or utilises any third-party property, you have secured all rights, licenses, consents and releases that are necessary for the use of such third-party property in your User Content; and
- your User Content is non-confidential and will be made available to your Fans on CupidFans.app
- You grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
- You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
- You shall indemnify us, our licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your User Content.
- Upon signing up to CupidFans.app , you also agree to act as custodian of records for the content that you upload to CupidFans.app
- Any questions regarding User Content can be addressed by visiting Contact Us
- Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited licence to use our website for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of CupidFans other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us.
- We do not warrant that CupidFans is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not CupidFans is compatible with your device. From time to time we may make updates to CupidFans and will make such updates available through the website.
Acceptable Use Policy
- We require that all Users respect and comply with these Terms below, at all times, when using CupidFans.
- You may not:
- use CupidFans other than for your own lawful and personal use in accordance with these Terms;
- impersonate us, one of our employees, another User, or any other person or entity or falsely state, suggest or otherwise misrepresent affiliation, endorsement, sponsorship between you and any other person or entity;
- falsify account registration information, or make unauthorized use of another's information or content;
- use CupidFans in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
- copy, reproduce, distribute, modify, or create derivative works from, any portion of CupidFans without our express written permission;
- use CupidFans for the purpose of depicting a minor in a sexual or suggestive way, or exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
- engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or Users of the Website or expose them to liability;
- create, upload, post, display, publish or distribute User Content that:
- is obscene, illegal, fraudulent, defamatory, libellous, hateful, discriminatory, threatening or harassing, or in any way incites violence or any of the aforementioned prohibitions;
- violates another's copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image or other identity of another without proper consent);
- promotes or advertises escort services;
- promotes or advertises firearms or other weapons, tobacco, drugs, or drug paraphernalia;
- promotes or advertises firearms or other weapons, tobacco, drugs, or drug paraphernalia;
- promotes any illegal activity, or advocates, promotes, or assists any unlawful act;
- causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person;
- involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising;
- gives the impression that it emanates from or is endorsed by us or any other person or entity if this is not the case;
- act in an abusive manner towards any other user or employee of the Website;
- remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained in any User Content that you do not own;
- 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;
- decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of CupidFans;
- interfere in any way with the operation of CupidFans or any server, network or system associated with CupidFans , including, without limitation: hacking, mail-bombing, flooding, overloading, or making "denial of service" attacks; probing, scanning or testing the vulnerability of the app or any server, network or system associated with the app; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another user's account that you are not expressly authorized to access;
- use CupidFans for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, monitoring the app's availability, performance or functionality, or for any other competitive purposes;
- use any automated program, tool or process (including without limitation, web crawlers, robots, bots spiders, and automated scripts) to access CupidFans or any server, network or system associated with CupidFans, or to extract, collect, harvest or gather content or information from CupidFans; or
- make any other use of CupidFans that violates these Terms or any applicable law.
- Any content posted that is reported by another User or CupidFans , and that is deemed unacceptable by CupidFans, will be deleted and the User notified via email. Users who repeatedly violate our Acceptable Use Policy may be deactivated. If we become aware that an CupidFans User is underage, we will promptly deactivate that User's account and delete all information and content of that User from CupidFans. If you are a parent or legal guardian and become aware that your minor-child has registered on CupidFans , please immediately notify us at Contact Us page
- We do not allow images of minors, as you must be over the age of 18 on CupidFans. If you see a profile or content that includes a minor, please report it immediately.
- By registering an account with CupidFans, you represent and warrant that:
- you are at least 18 years of age;
- you will fully comply with these Terms;
- you accept full responsibility for the use of CupidFans on any device, whether or not it is owned by you;
- you accept full responsibility for any User Content created or provided by you; and
- your use of CupidFans will not violate these Terms or any applicable law.
- If you are using CupidFans on behalf of a business or other entity, you warrant that you are authorised to grant all the licences stipulated in these Terms and that you are authorised to bind the business or other entity to these Terms.
- If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, without limitation, banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties; Limitations of Liability
- By using CupidFans, you acknowledge and agree as follows
- CupidFans and all of its services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim any and all warranties, express or implied, with respect to CupidFans and all of its services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose. We do not warrant or guarantee the accuracy, usefulness, completeness or reliability of CupidFans , or the results of your use of CupidFans. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We also do not warrant or guarantee that CupidFans and all of its services and features will be available at any particular time or location; that CupidFans and all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that CupidFans and all of its services and features will be free of viruses and other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it. Your use of CupidFans and its services and features will be solely and entirely at your own risk. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law;
- CupidFans does not warrant or guarantee that use of the Website will be uninterrupted or error-free twenty-four hours a day, seven days a week, since CupidFans may need to carry out maintenance of the Website from time to time. However, CupidFans will use its reasonable endeavours to carry out any such maintenance of the Website outside of business hours (including between 09:00 and 17:00 (UK time) and will endeavour to give reasonable notice where possible, however, this may not always be possible;
- in no event shall CupidFans be liable under contract, tort, negligence, strict liability or any other legal or equitable theory, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, and without limitation, loss of use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to your use of (or your inability to use) CupidFans or any of its services or features, nor shall CupidFans be held liable in the event your User Content is illegally distributed by another User, however where such distribution does occur please inform us by visiting Contact Us page as we are happy to help prevent the continuance of such distribution where we are reasonably able to do so; and
- in no event shall our total and aggregate liability to you and/or others for any and all claims arising out of or related to your use of (or your inability to use) CupidFans or any of its services or features, exceed one hundred pounds sterling (£100.00). This does not affect any liability that cannot be excluded or limited under applicable law.
- Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitation may not apply to you. In such case, our total and aggregate liability to you arising out of or related to your use of (or your inability to use) CupidFans or any of its services or features shall be limited to the maximum extent permitted by law or, if no amount is specified, one hundred pounds sterling (£100.00).
Governing Law and Dispute Resolution
- You and we agree that these Terms shall be governed by and construed in accordance with the laws of England and Wales (without regard to the conflict of laws provisions thereof) and that any dispute between you and us concerning CupidFans or arising out of or related to these Terms shall be resolved exclusively in the courts of England and Wales.
- Except where prohibited by applicable law, any claim or cause of action by you concerning CupidFans or arising out of or related to these Terms must be filed within one year after such claim or cause of action arose, or be forever barred.
Linking to the Website and Social Media Features
- You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
- The Website may provide certain social media features that enable you to:
- link from your own or certain third-party websites to certain content on the Website;
- send emails or other communications with certain content, or links to certain content, on the Website;
- cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
- You may use these features solely as they are provided by us, solely with respect to the content they are displayed with. However, you must not:
- establish a link from any website that is not owned by you;
- cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
- link to any part of the Website other than the homepage; or
- otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.
- You agree to cooperate with us in causing any unauthorised framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
- We may disable all or any social media features and any links at any time without notice at our discretion.
Additional Agreement for Creator
- We charge a fee to you of twenty per cent (20%) of all Subscriber Payments made to you (exclusive of any fee element of the Subscriber Payment) (called Our Fee). The remaining eighty per cent (80%) of the Subscription Payment (exclusive of any fee element of the Subscriber Payment) is payable to you (called "Creator Earnings"). Our Fee includes our costs of providing, maintaining and operating CupidFans and storing your Content. Our Fee is deducted from the Subscriber Payment, and Creator Earnings are paid to you in the way described in the Payouts to Creatorssection below.
- To set up your account as a Creator account:
- You will need to sign up as a Creator and upload a valid form of ID and one photo of your face next to the ID in accordance with the requirements set out here.
- You will need to select one of the available methods provided by CupidFans as to how your Creator Earnings will be transferred to you. These methods are called Payout Options.
- You may also need to submit additional information depending on the country where you live.
- We may ask you for additional age or identity verification information at any time. We may reject your application to set up a Creator account for any reason, including the reasons stated here.
- Once you have set up your account as a Creator account, then if you want to charge your Subscribers a monthly subscription fee you will need to set your subscription price for your Subscribers within the range allowed by CupidFans as set out here.
- You will then be able to start adding Content and Users will be able to subscribe to your account to become your Subscribers.
- If you lose access to your account, you can reset your password, but you will need to know the email address used to set up the account to do so. If you do not recall the email address used to set up the account, we may require you to provide identification documents and photos and any additional evidence we may reasonably require to prove your identity.
- Subscriptions and purchases by Subscribers: This section describes the terms which apply to transactions and interactions between Subscribers and Creators:
- All transactions and interactions facilitated by CupidFans are contracts between Subscribers and Creators on the terms of the Standard Contract between Subscriber and Creator. Although we facilitate transactions and interactions between Subscribers and Creators by providing the CupidFans platform, storing Content, and acting as a payment intermediary, we are not a party to the Standard Contract between Subscriber and Creatoror any other contract which may exist between a Subscriber and Creator, and are not responsible for any transactions or interactions between Subscribers and Creators.
- When a Subscriber has made the required payment for access to your Content, for the provision of customized Content or for use of the Subscriber interaction function on your account, you must allow the Subscriber to view the Content paid for and/or provide the customized Content and/or allow the Subscriber to use the Subscriber interaction function paid for (as applicable). You agree that you will indemnify us for any breach by you of this obligation (which means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of you failing to comply with this obligation).
- Creators are required to provide subscription content to their subscribed fans at least once every 30 days.
- Content – general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy ), the following terms apply to the Content posted, displayed, uploaded or published by you as a Creator on CupidFans:
- Your Content is not confidential, and you authorize your Subscribers to access and view your Content on CupidFans for their own lawful and personal use, and in accordance with any licenses that you grant to your Subscribers.
- You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on CupidFans:
- the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
- you hold all rights necessary to license and deal in your Content on CupidFans, including in each territory where you have Subscribers and in the United States of America;
- you either own your Content (and all intellectual property rights in it) or have a valid license to offer and supply your Content to your Subscribers;
- if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on CupidFans; and the Content is:
- of satisfactory quality, taking account of any description of the Content, the price, and all other relevant circumstances including any statement or representation which you make about the nature of the Content on your account or in any advertising;
- reasonably suitable for any purpose which the Subscriber has made known to you is the purpose for which the Subscriber is using the Content; and as described by you.
- You agree that you will be liable to us and indemnify us if any of the warranties at section 10(b) is untrue. This means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the warranties being untrue.
- You also agree to act as custodian of records for the Content that you upload to CupidFans.
- Co-authored Content : If you upload Content to your Creator account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) ("Co-Authored Content"), you warrant (which means you make a legally enforceable promise) that each individual shown in any Co-Authored Content uploaded to your account:
- is a Creator on CupidFans;
- has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and
- has consented to the Co-Authored Content in which he or she appears being posted on CupidFans.
- In addition to the confirmations above, you agree that if you upload Co-Authored Content where the other person or people appearing in the Content can be identified from the Content, you will tag the CupidFans account(s) of any person or people appearing in the Co-Authored Content who can be identified from it.
- you have the record of written consent from all co-creators to allow for private or public distribution and to have the content downloaded by fans
- You must not upload any Content containing any image, photo, video or audio of anyone else other than or addition to you unless such person is also a Creator on CupidFans.
- If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on CupidFans.
- You agree that we will only pay out Creator Earnings to the account of the Creator to which the Co-Authored Content is uploaded. The Creator who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the Creators shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between Creators, and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Creator Earnings earned on any Co-Authored Content in which you appear but which is posted on another Creator’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Creator, terminate your account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.
- You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Creator(s) who posted Co-Authored Content or appeared in the Co-Authored Content (as applicable).
- Payouts to Creators:
- All Subscriber Payments will be received by a third-party payment provider approved by us.
- pay Our Fee on the Subscriber Payment to an account held in our name; and
- pay the Creator Earnings to your bank account or the bank account of a corporate entity in which you are a Person with Majority Control (see section 8 above).
- Your CupidFans account will be updated within a reasonable time with your Creator Earnings. Your Creator Earnings will become available for withdrawal by you from your CupidFans account once such Creator Earnings appear in your CupidFans account.
- To make a withdrawal of Creator Earnings from your CupidFans account, you must have at least the minimum payout amount in your CupidFans account.
- The amount that you see in your ‘available balance’ in your CupidFans account is your Creator Earnings at the relevant time. All Subscriber Payments and Creator Earnings are transacted in USD only. Your bank may charge you currency conversion or transfer fees to receive the money. Additionally, your e-wallet company may charge you a fee for accessing the money. We do not have control over currency exchange rates or charges imposed by your bank or your e-wallet company, and we are not responsible for paying any charges imposed by your bank or your e-wallet company.
- If a Subscriber successfully seeks a refund or chargeback from their credit card provider in respect of a Subscriber Payment, we may investigate and may decide to deduct from your account an amount equal to the Creator Earnings earned by you on the charged-back or refunded amount.
- Except for Payout Options involving payment by direct bank transfer from us, we do not store any data disclosed by you when you register your Payout Options with a third-party payment provider.
- Circumstances in which we may withhold Creator Earnings:
- We may withhold all or any part of the Creator Earnings due to you but not yet paid out:
- if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
- if you attempt or threaten to breach any part of the Terms of Service in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
- if we suspect that all or any part of the Creator Earnings result from unlawful activity, either by you or by the Subscriber who made the Subscriber Payment resulting in the Creator Earnings,
- if no appropriate content has been uploaded in the last 30 days
- for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) the Creator Earnings result from unlawful activity, we may notify you that you have forfeited your Creator Earnings.
- If we are withholding all or any part of the Creator Earnings due to you and we determine that part of the Creator Earnings withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful activity, then we may pay to you the part of the Creator Earnings which we determine to be unrelated to breaches by you of the Terms of Service or suspected unlawful activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all Creator Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.
- If once we have finished our investigation we determine that Creator Earnings are forfeited, we will use our best efforts to return any Subscriber Payments which resulted in forfeited Creator Earnings to the relevant Subscribers who paid such Subscriber Payments.
- Promoting Tax compliance:
- We recommend that all Creators seek professional advice to ensure you are compliant with your local Tax , based on your individual circumstances.
- By using CupidFans as a Creator, you warrant (which means you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of CupidFans to the relevant Tax authority in your jurisdiction, as required by law.
- By using CupidFans as a Creator you warrant (which means you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to Tax which apply to you. If, at any point whilst you have an CupidFans account, any Tax non-compliance occurs in relation to you (including a failure by you to report earnings or the imposition on you of any penalty or interest relating to Tax) or if any litigation, enquiry, or investigation is commenced against you that is in connection with, or which may lead to, any occurrence of Tax non-compliance, you agree that you will:
- notify us by by visiting Contact Us page within 7 days of the occurrence of the Tax non-compliance or the commencement of the litigation, enquiry or investigation (as applicable); and
- promptly provide us by visiting Contact Us page with:
- details of the steps which you are taking to address the occurrence of the Tax non-compliance and to prevent the same from happening again, together with any mitigating factors that you consider relevant; and
- such other information in relation to the occurrence of the Tax non-compliance as we may reasonably require.
- For the avoidance of doubt, you are responsible for your own Tax affairs and CupidFans is not responsible or liable for any non-payment of Tax by Creators.
- We reserve the right to close your CupidFans account if we are notified of or become aware of any Tax non-compliance by you.
Appeals and Complaint Policy
Whether or not you are a user of the Website, you can use this policy to appleal to us about any complaint that you have relating to the Website.
If you have a complaint about the Website (including any complaint about content appearing on the Website or the conduct of a user), you can inform us by visiting Contact Us page , including your name, address, contact details, a description of your complaint, and, if your complaint relates to content, the URL for the content to which your complaint relates.
Complaints of Illegal or Non-Consensual Content. After receiving your complaint of illegal or non-consensual content (i) we will take those steps as we consider to be appropriate to investigate your complaint within 7 business days (ii) if we require further information or documents from you, we will contact you to let you know; (iii) we will in good faith investigate your complaint within seven business days; (iv) if we are satisfied that the content is unlawful or non-consensual, we will immediately remove that content, and we will notify you of our decision by email or other electronic message; and (v) if we are satisfied that the content is not unlawful or non-consensual, we will notify you of our decision by email or other electronic message. Any dispute regarding our determination that content is non-consensual will be submitted by us to a neutral arbitration association at our expense.
All Other Complaints. After receiving any other complaint (including complaints related to other breaches of this agreement or the seller agreement) (i) we will take those steps as we consider to be appropriate to investigate your complaint within a timeframe that is appropriate to the nature of your complaint; (ii) if we require further information or documents from you, we will contact you to let you know; and (iii) we will in good faith take those actions as we consider appropriate to deal with the issue that your complaint has raised. If you have complained about the content that appears on the Website and we are satisfied that the content otherwise breaches this agreement or the seller agreement, we will act promptly to remove that content.
Unjustified or Abusive Complaints. If you are a user of the Website, you state that you will not make any complaint that is wholly unjustified, abusive, or made in bad faith. If we determine that you have breached this warranty, we may suspend or terminate your user account.
- The Terms constitute the sole and entire agreement between you and us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
- If you have any questions, comments, complaints or concerns about CupidFans, please contact us by visiting Contact Us page