TERMS OF USE FOR CREATORS ON FANSBABY
BY USING OUR WEBSITE AS A CREATOR YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

Introduction

These Terms of Use for Creators are supplemental terms applicable when you use Fans.Baby as a Creator. They form a part of your agreement with us.

Interpretation

• VAT: Refers to the United Kingdom's Value Added Tax and encompasses any additional or substitute taxes at the currently imposed rates. This includes comparable or analogous indirect taxes, charges, duties, imposts, or levies implemented by governmental entities at any level (state, federal, provincial, municipal) in other jurisdictions.
• Tax: Encompasses all forms of taxation and statutory obligations. This broad category includes charges, duties, imposts, contributions, levies, withholdings, or liabilities that are enforceable under the laws of any jurisdiction, including but not limited to the UK. This definition covers taxes imposed by any level of government, be it state, federal, provincial, local, or municipal.

Applicable Terms for Your Use of Fans.Baby

Your use of Fans.Baby is governed by:

• Our Terms of Use for all Users
• Our Privacy Policy, detailing personal data usage and information collection
• Our Acceptable Use Policy outlines permissible and prohibited actions on Fans.Baby
• Our Complaints Policy, explains complaint procedures and resolution methods
• The Standard Contract between Fan and Creator, governing Fan/Creator Transactions (not part of your agreement with us)
• Our Community Guidelines, provide additional terms and interaction guidelines

Additional Terms Based on User Status

• If established or resident in the EU or UK, Platform to Business Regulation Terms apply.
• If you are also a Fan, Terms of Use for Fans apply.
• If participating in the Fans.Baby Referral Program, Referral Program Terms apply.

Fees for Creators

We charge a fee of 20% of all Fan Payments (exclusive of VAT), known as Our Fee. The remaining 80% (exclusive of VAT) is your Creator Earnings. Our Fee covers the costs of Fans.Baby's operation and content storage.

Setting Up Your Creator Account

To establish a Creator account, you must:

• Upload a valid ID and two photos as per our requirements.
• Add bank or payment details.
• Choose from Fans.Baby's provided Payout Options for transferring your Creator Earnings.
• If VAT-registered in the UK, provide your UK VAT number.
• Submit additional information as required by your location.
• Comply with any requests for age or identity verification.
• Set your subscription price for Fans within Fans.Baby's permitted range.
• Begin adding Content for User subscriptions.
• For account recovery, provide the email address used during setup.

Personal Legal Responsibility

Creators are individually responsible for their accounts and content, irrespective of third-party assistance. You must ensure compliance with the Terms of Service for all Content and account usage.

Fan/Creator Transactions

• Transactions are based on the Standard Contract between Fan and Creator.
• Fan Payments exclude VAT, which is added as applicable.

Content Terms

• Your Content on Fans.Baby is not confidential.
• You authorize Fans to access and view your Content for their lawful, personal use in line with any licenses you grant.
• If any of these warranties are found to be false, you accept full responsibility and agree to indemnify us for any resulting loss or damage, including lost profits.
• We are not responsible for, nor do we endorse, any aspect of Content posted by you or other Users on Fans.Baby.
• We do not monitor Content and have no direct control over its composition.
• You agree to act as the custodian of records for the Content you upload to Fans.Baby.

You make the following legally binding commitments regarding your Content on Fans.Baby:
1. Compliance with Terms of Service: Your Content fully adheres to the Terms of Service, particularly our Acceptable Use Policy.
2. Rights and Licensing:

• You possess all necessary rights to license and utilize your Content on Fans.Baby across all regions where you have Fans, including the United Kingdom.
• You either own your Content and its intellectual property rights or have a valid license to distribute your Content to Fans.
• For Content incorporating third-party materials, you have secured all essential rights, licenses, consents, and releases for their use in your Content and its subsequent deployment on Fans.Baby.

3. Quality and Suitability:

• The Content is of satisfactory quality, considering its description, pricing, and any representations you make about it on your account or in advertisements.
• It is reasonably suitable for the purposes known to you, as intended by the Fan.
• The Content is accurately described by you.

Advertising on Fans.Baby

For Advertising Content, you must:
1. Respects Human Dignity and Diversity:

• Does not prejudice human dignity.
• Avoids promoting discrimination based on sex, race, ethnicity, nationality, religion, disability, age, or sexual orientation.

2. Promotes Safe and Environmentally Friendly Behavior:

• Does not encourage harmful behavior towards health or safety.
• Avoids promoting actions detrimental to environmental protection.

3. Ethical Considerations:

• Does not cause physical, mental, or moral harm to individuals.
• Avoids exploiting the inexperience or credulity of people in marketing or sales.
• Does not exploit trust or show individuals in unreasonably dangerous situations.

4. Restrictions on Certain Products and Services:

• Does not advertise tobacco products, electronic cigarettes, illegal drugs, or prescription-only medicine.
• Avoids promoting or facilitating illegal gambling.

5. Alcohol Advertising: Ensures that content related to alcoholic beverages is not directed at minors and does not promote excessive drinking.
6. Transparency in Advertising: Mandatory Disclosure: You must clearly indicate that the content is an advertisement by including the hashtag #ad in the caption of any Advertising Content before posting or uploading it to Fans.Baby.

Co-Authored Content

Warranties for Co-Authored Content
1. Identity and Consent Verification:

• You confirm that each person shown in the Co-Authored Content is either a registered Creator on Fans.Baby or a consenting adult.
• You have verified the identity and age of each individual in the content and can provide supporting documents upon our request.

2. Written Consent:

• You have obtained and maintained written consent from each individual in your Co-Authored Content.
• Each person has given explicit, informed consent for their appearance and for the content to be posted on Fans.Baby.

3. Account Tagging: If individuals in the Co-Authored Content have Fans.Baby Creator accounts, you will tag their accounts in the content.
4. Joint Authorship: For jointly authored works, you are responsible for obtaining necessary licenses or consents from co-authors to upload and make the content available on Fans.Baby.

Financial Arrangements and Responsibilities

• Creator Earnings Allocation: Earnings are credited to the account where the Co-Authored Content is uploaded.
• Revenue Distribution: The uploading Creator is responsible for dividing and distributing any revenue from the content. This distribution is a private arrangement between the involved parties, and we do not enforce these agreements.
• Earnings from Co-Authored Content: You are not entitled to earnings from Co-Authored Content uploaded to another Creator's account.
• Legal Information Requirements: We may require legal information for all individuals in the Co-Authored Content. Failure to provide this may lead to deletion of the content, account termination, or withholding of earnings.

Liability and Claims

• Release of Liability: You agree not to hold us liable for any claims arising from Co-Authored Content.
• Claims Against Creators: Any claims related to Co-Authored Content should be directed at the Creators who posted it or the individuals appearing in it.

 

Payouts to Creators

Creators on Fans.Baby receive payouts for their content through a structured process involving third-party payment providers.

Payment Processing

1. Third-Party Providers: All Fan Payments are processed by a third-party payment provider approved by Fans.Baby.
2. Stripe Payout Option: If you select Stripe, it will handle the collection of Fan Payments and disburse your Creator Earnings directly to your bank account.
3. Alternative Payout Options: If Stripe isn't chosen, the Fan Payment received will have our fee deducted, and the remaining Creator Earnings will be held by Fans.Baby.

 

Accessing Your Earnings

1. Account Updates: Your Fans.Baby account will reflect your Creator Earnings in a reasonable timeframe.
2. Withdrawal of Earnings:

• Creator Earnings become available for withdrawal once they appear in your Fans.Baby account.
• You must meet the minimum payout amount set for your country and choose the Payout Option. Check the Banking page on your account for details.

 

Financial Details and Currency

1. Currency Transactions:

• All transactions are in USD.
• With the Stripe option, payments are reflected in your local currency, based on Stripe's exchange rates.

2. Additional Fees:

• Banks or e-wallet companies might impose currency conversion or transfer fees.
• Fans.Baby and its subsidiaries do not cover these external charges.

 

Refunds and Chargebacks

• Handling Refunds: In cases where a Fan successfully obtains a refund or chargeback, Fans.Baby may deduct an amount equivalent to the charged-back Creator Earnings from your account.

 

Data Privacy

• Data Security: For non-bank transfer payout options, we do not store any data you provide when registering your Payout Options with a third-party payment provider.

 

General Tax Compliance

1. Professional Advice: Creators are advised to consult professionals to ensure compliance with local Tax and VAT regulations based on individual circumstances.
2. Warranty of Compliance:
By using Fans.Baby, Creators guarantee that:

• They have reported and will continue to report all payments received from Fans.Baby to the relevant Tax authority as required by law.
• They will comply with all Tax laws and regulations applicable to them.

 

Dealing with Tax Non-Compliance

• Notification Requirement: In case of Tax non-compliance, litigation, enquiry, or investigation, Creators must:
• Notify Fans.Baby via email at [email protected] within 7 days.
• Provide detailed information and steps taken to address and prevent future non-compliance, along with any relevant mitigating factors.

 

Responsibility for Tax Affairs

• Creator's Responsibility: Creators are responsible for their own Tax affairs. Fans.Baby and its subsidiaries will not provide Tax advice or be liable for non-payment of Tax by Creators.
• Account Closure: Fans.Baby reserves the right to close accounts if notified of any Tax non-compliance by a Creator.

 

UK VAT for UK-based Creators

1. VAT Treatment: UK-based Creators are treated as providing services to Fans.Baby, not directly to Fans, for VAT purposes.
2. VAT Registration and Invoicing:

• Registered UK VAT Creators are considered as charging Fans.Baby with VAT on Creator Earnings.
• Creators must use Fans.Baby's VAT invoice generator tool to create monthly VAT invoices.
• VAT Amounts are paid separately from regular Creator Earnings, after submission of necessary VAT registration number, invoices, and VAT returns.
• Creators are responsible for paying the VAT Amount to HM Revenue & Customs.

 

Compliance Documentation

1. Document Retention: Creators must keep copies of all VAT invoices and returns related to their Fans.Baby earnings and provide them upon request.
2. VAT Registration Threshold Monitoring:

• UK Creators not required to register for VAT must monitor their taxable sales to avoid exceeding the VAT registration threshold.
• If annual earnings exceed the threshold, Creators will be notified to register for VAT and provide their VAT registration number within 6 weeks. Non-compliance may lead to account closure.

These terms are specifically designed for Creators on Fans.Baby, outlining obligations, fees, and guidelines for content and transactions. Please also refer to the overarching Terms of Use for all Users for comprehensive understanding.