Terms of Service

TERMS OF USE FOR ALL USERS OF Fans.Baby
BY USING OUR WEBSITE, YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

Introduction

These Terms of Use govern your use of Fans.Baby and constitute your agreement with us.

Interpretation

Fans.Baby: Referred to as our website, accessible at fans.baby
References: "We," "our," "us" refer to Fans.Baby.
Content: Includes materials uploaded by any User (Creator or Fan), such as photos, videos, audio, livestream material, data, text (comments, hashtags), metadata, images, interactive features, emojis, GIFs, memes, etc.
Creator: A User with a Fans.Baby account created to post Content.
Fan: A User who follows a Creator and accesses their Content.
Fan/Creator Transaction: Transactions granting access to Creator's Content, including Subscriptions, pay-per-view Content, and fan interaction functions.
Fan Payment: All payments by a Fan to a Creator, for transactions or as tips.
Referring User: A participant in the Fans.Baby Referral Program.
Standard Contract between Fan and Creator: Governs each Fan/Creator Transaction; details provided elsewhere.
Subscription: Fan's commitment to a Creator's account, paid or unpaid, monthly or bundled.
Terms of Service: The legally binding agreement between you and us, comprising various terms and policies.
United Kingdom: Refers to the United Kingdom of Great Britain and Northern Ireland.
User: Anyone using Fans.Baby, as a Creator, a Fan, or both.

Changes to the Terms of Service

Changes to Terms of Service
1. Circumstances for Immediate Changes:
We reserve the right to modify any part of the Terms of Service without prior notice in specific situations:

To comply with legal and regulatory changes affecting Fans.Baby, its services, features, and programs, especially when these changes necessitate immediate adjustment of our terms and conditions.
To respond to urgent and unforeseen threats aimed at protecting Fans.Baby, its users (Fans or Creators) from fraud, malware, spam, data breaches, and other cybersecurity risks.

2. Other Changes:

For changes not covered by the above scenarios, we will provide reasonable notice through email or via notifications on Fans.Baby.
You have the option to contact us to terminate your agreement with us before these changes take effect.
If you continue using Fans.Baby after the implementation of these changes, it implies your acceptance of the updated Terms of Service.

Changes to FansBaby Platform
1. Updates and Modifications:
We may periodically update and modify Fans.Baby for various reasons, including but not limited to:

Reflecting changes in our services, addressing the needs of our users, and aligning with our business practices.
Enhancing performance, functionality, and addressing security concerns.
Efforts will be made to provide reasonable notice for any significant changes.

2. Availability and Accessibility:

The continuous availability or uninterrupted access to Fans.Baby and its content is not guaranteed.
We may, for business or operational reasons, suspend, withdraw, or limit access to all or part of Fans.Baby.
In cases where it affects you, we will endeavor to notify you reasonably in advance of any such suspension or withdrawal.

Registration Requirements

To access and utilize Fans.Baby, it's necessary to complete the registration process and establish a User account. The requirements for this process are as follows:

1. Valid Contact Information: You are required to furnish a valid email address and choose a unique username. Additionally, you have the option of authenticating your account via a Twitter or Google account.
2. Password Criteria: The password you create must be distinctive, differing from those you use on other websites. It should also meet Fans.Baby's specific technical standards for password composition.
3. Age Verification:

You must be a minimum of 18 years old. Verification of this age requirement is mandatory.
In regions where the legal age to be bound by a contract with us is above 18, you must comply with that higher age requirement as per the laws of your country or state/province.

4. Legal Compliance:

Your registration and use of Fans.Baby must be in accordance with the laws of the country or state/province where you reside.
This compliance includes the legality of joining FansBaby, viewing its Content, and utilizing provided functionalities.

5. Additional Information: You may be asked to provide further details or verification records as part of the registration process.
6. Restriction on Access: If you do not meet the aforementioned criteria, access to and use of Fans.Baby is prohibited.

Your Commitments to Us

When registering and utilizing Fans.Baby, you agree to adhere to the following commitments:

1. Account History Verification:If you have previously held an account with Fans.Baby, you must affirm that it was not terminated or suspended due to any violations of our terms or policies.
2. Accuracy of Information:

Ensure that all information provided to us is truthful, accurate, and complete.
Promptly update any information you have submitted as soon as it changes.

3. Consent to Electronic Communications:

Agree to receive communications from us electronically. This includes emails and messages posted to your Fans.Baby account.
Consent to the processing of your personal data, as elaborated in our Privacy Policy.

4. Confidentiality and Security of Account Details:

Keep your account and login details, including usernames, passwords, and other security-related information, confidential and secure.
Avoid disclosing these details to others.
Contact contacts(#)thebluewave.ltd ,(Replace # with @) immediately if you suspect unauthorized use of your account or any security breaches.
Log out of your account after each session, especially when using public or shared computers, to prevent unauthorized access.

5. Responsibility for Account Activity: Accept responsibility for all activities conducted through your account, even if someone else uses your account contrary to our Terms of Service.
6. Adherence to Terms and Policies: Comply fully with the Terms of Use for all Users, the Acceptable Use Policy, and all other components of the Terms of Service relevant to your use of Fans.Baby.

Rights We Have

1. Content Moderation and Compliance:

We have the capability but are not obligated to monitor or review your content for compliance with our Terms of Service, including our Acceptable Use Policy, and applicable laws.
Our policy includes suspending access to content you post on Fans.Baby if it potentially breaches our Terms of Service or applicable laws. We'll undertake investigations into such suspected non-compliance or illegal content. If your content is suspended, you can request a review by contacting contacts(#)thebluewave.ltd ,(Replace # with @).
Following our investigation, we may either restore access to the content or permanently remove or disable access to it without seeking your consent or providing prior notice. You're expected to cooperate and provide necessary assistance for our investigations.

2. Notification of Content Suspension or Deletion: If we suspend or delete your content, we'll notify you via email or through your Fans.Baby account. However, prior notice isn't guaranteed.
3. Account Termination Rights:

We reserve the right to terminate your agreement with us and your access to Fans.Baby for any reason, with a 30-day notice via email or through your Fans.Baby account.
Immediate suspension or termination of your account and access to Fans.Baby can occur without prior notice if: You're suspected of serious or repeated breaches of the Terms of Service, including the Acceptable Use Policy/Your actions may cause significant harm to us or other users, or harm Fans.Baby's reputation.
You'll be informed if your user account access is suspended or terminated. During suspension, Fan Payments and Creator Earnings may be withheld as outlined in the Terms of Use for Creators.

4. Post-Termination Handling of Content: Upon account termination, your content will be managed according to our Privacy Policy, which may include deletion. You'll lose access to your content, and there's no technical means to access it after account termination.
5. Investigations and Law Enforcement Cooperation:

We can investigate suspected misuse, abuse, or unlawful use of Fans.Baby and collaborate with law enforcement during such investigations.
We're authorized to disclose any information or records about your use of Fans.Baby to law enforcement for investigating illegal activities, protecting our rights, or responding to legal processes.

6. Changes to Payment Providers and Intellectual Property Rights:

We may change third-party payment providers for Fans.Baby transactions. If so, we'll notify you and update relevant details on your account.
Except for user-generated content, we own or license all rights to Fans.Baby's contents, features, databases, source code, and functionality. These are protected under copyright, trademark, trade secret, and other intellectual property laws.

7. Ownership of Anonymized Data: We exclusively own all anonymized data related to your use of Fans.Baby. This data can be utilized for various purposes, including commercial, development, and research activities.

Limitations of Responsibility in Providing Fans.Baby

1. Content Authorization and Representation:

We do not authorize or approve content on Fans.Baby. Opinions expressed by Creators or Fans do not necessarily reflect our views.
We do not grant any rights related to content. Only Creators can grant such rights.

2. User Identification and Technology Limitations: Your content might be seen by individuals who recognize you. We are not liable if your identity is discerned from your content. While we may offer geofencing or geolocation technology, we do not guarantee its accuracy or effectiveness and are not liable for any reliance on this technology.
3. Content Responsibility: All content is user-generated. We do not review, moderate, select, or modify content transmitted via Fans.Baby. We are not obligated to monitor content or identify breaches of the Terms of Service, including the Acceptable Use Policy.
4. User Discretion: Following suggestions, comments, reviews, or instructions from other Fans.Baby users is at your own risk. We are not liable for the consequences of following such user-generated advice.
5. Earnings Guarantee: We do not guarantee that Creators or Referring Users will earn any specific amount of money (or any money at all) through their use of Fans.Baby, including the Fans.Baby Referral Program.
6. General Information and Accuracy: Materials provided on Fans.Baby are for general information. We do not guarantee their accuracy or that users will achieve specific results from these materials.
7. Compatibility and Security:

Fans.Baby may not be compatible with all devices and operating systems. You are responsible for configuring your devices and using virus protection software.
We do not ensure that Fans.Baby is free from bugs, viruses, or secure. We have no control over content supplied by Creators.

8. Responsibility for User Accounts and Connectivity:

We are not liable for lost, stolen, or compromised user accounts, passwords, email accounts, unauthorized activities, or unauthorized financial transactions.
We do not promise uninterrupted internet availability or error-free user connections, devices, or software.

9. Control Over User Content: Once your content is posted on Fans.Baby, we do not control its use by others and are not responsible for it. Deleting your account does not automatically halt the circulation of your content previously recorded or accessed by other users or third parties.

Intellectual Property Rights – Ownership and Licensing

1. Ownership and Rights Confirmation: You confirm ownership of all intellectual property rights, including copyrights and trademarks, in your content. Alternatively, you have obtained all necessary rights to grant licenses for your content to us and other Users. This applies globally, especially in the USA, UK, and EU.
2. License Grant to Fans.Baby:

You grant us a license to use your content in ways restricted by intellectual property rights. This includes reproduction, public communication, display, performance, distribution, translation, and creation of adaptations or derivative works.
The license granted to us is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable, and transferable. It remains valid even after your agreement with us ends or you stop using Fans.Baby. We can sublicense, assign, or transfer this license. However, we will never sell your content to other platforms, though we may transfer the license in the event of a sale of our company or its assets.

3. Infringement Notifications: While we don't own your content, you give us limited rights to submit infringement notifications on your behalf to third-party websites or services using your content without permission. We may submit or withdraw such notifications at our discretion. You will provide necessary consents for us to act on your behalf regarding these infringement notifications.
4. Moral Rights Waiver: You waive any moral rights under applicable laws against derogatory treatment of your content on Fans.Baby. This waiver doesn't affect your intellectual property ownership or rights to prevent unauthorized copying. It allows us to add watermarks, stickers, or text to your content as permitted by the license.
5. Integration with Twitter: Users can connect a Twitter account to Fans.Baby and share content via Fans.Baby posts to Twitter. When using this feature, you must comply with Twitter's terms of service regarding the shared content.

Linking to and from Fans.Baby

1. Links to Fans.Baby:

You are allowed to link to the Fans.Baby homepage, ensuring that your actions are fair, legal, and do not damage or exploit our reputation. Your link should not imply any association, approval, or endorsement by us without explicit consent.
Creators must adhere to our Terms of Service and the terms of service of any external site where they promote their Creator account. It's important not to misrepresent an association with Fans.Baby or falsely indicate that we are promoting your Creator account. Promotion of your Fans.Baby account through Google Ads or similar platforms is prohibited.

2. Links from Fans.Baby: Fans.Baby may include links to third-party websites and resources for convenience. These links should not be seen as our endorsement of these external sites. We do not control and are not responsible for the content or loss/damage arising from the use of these third-party sites. Accessing third-party websites linked from Fans.Baby is at your own risk and is subject to the terms and conditions of those websites.
3. Domain Names:

In certain cases, Fans.Baby may permit Creators to register or use domain names containing the Fans.Baby trademark or similar terms. However, such domain names should only be registered if: The domain name is registered by the Creator themselves/The domain name is directed exclusively to the Creator’s Fans.Baby profile and not to any other website or link aggregator/The Creator has obtained prior written permission from Fans.Baby has signed a licensing agreement.
To register a domain name containing the Fans.Baby trademark or a similar term, contact contacts(#)thebluewave.ltd ,(Replace # with @). Non-compliance with these terms or the licensing agreement may result in legal action, including Fans.Baby filing a domain dispute against the registrant.

Account Deletion Process on Fans.Baby

1. General Process for Account Deletion: To delete your Fans.Baby account, navigate to the 'User Account' section within your Fans.Baby account settings.
2. Specific Conditions Based on User Type:

As a Fan: Your account deletion will be processed within a reasonable timeframe after you submit the request.
As a Creator: When you initiate the account deletion process, your account will remain active until the end of the current paid Subscription period of your Fans. After this period, and once the final payment is made to you, your account will be deleted.
As both Fan and Creator: Your account deletion will occur in two phases, addressing your Fan role first, followed by your Creator role.

3. Post-Deletion Details:

After your account deletion: You will not incur any further charges. Access to your previous Fans.Baby account and its content will be terminated. All subscriptions linked to your account will be canceled and won't be eligible for renewal.
You will receive an email confirming the successful deletion of your account.
Upon account deletion, we reserve the right to manage your previously uploaded content as deemed appropriate, in line with our Privacy Policy. This may include the deletion of your content.
It is important to note that once your account is deleted, there is no facility on Fans.Baby to retrieve or access any of your previously uploaded content.

Liability and Responsibility Clauses in Terms of Service for Fans.Baby

Consumer Users
Acknowledgment of Liability Limitations:

We, along with our subsidiaries, employees, owners, representatives, and agents, are not liable for losses such as loss of profit, business, revenue, opportunities, or anticipated savings due to your use of Fans.Baby.
In the USA, our total liability for claims related to our agreement is limited to USD 250 per claim.

Business Users
1. Liability Exclusions and Responsibilities:

We exclude all implied conditions, warranties, representations, or other terms for Fans.Baby or its content, not explicitly mentioned in the Terms of Service.
We are not responsible for losses not foreseeable from our breach of Terms of Service or lack of reasonable care and skill.
We are not liable for loss or damage, whether in contract, tort, breach of statutory duty, or otherwise, related to: Inability to use Fans.Baby or its services, features, or programs/Reliance on content stored on Fans.Baby.
Exclusions of Liability: Loss of profits, sales, business, revenue/Business interruption/Loss of anticipated savings, business opportunity, goodwill, and reputation/Loss of data, information, or indirect or consequential loss or damage.
We are not liable for harm caused by malicious software due to use of Fans.Baby or downloading materials from it.
We are not responsible for unauthorized use or infringement of your content by others.
We are not liable for disclosure of your identity or personal information without consent.
We are not responsible for delays or failures due to events outside our control.

2. Total Liability Cap:
Our total liability for claims related to our agreement, whether in contract, tort, or otherwise, is limited to the greater of:

100% of the fees paid by you to us.
USD 5,000.

General Terms
1. Agreement Conditions:

Any unenforceable aspect of the agreement does not affect the rest.
Failure to enforce any aspect is not a waiver.
All rights not expressly granted are reserved.
No implied licenses or rights are granted, except as stated in the Terms of Service.
The agreement does not provide third-party rights, except for enforceable exclusions and limitations of liability.
Rights or obligations under the agreement cannot be transferred without written consent.
We can assign or transfer our rights and obligations, for instance, in ownership changes or by law. We may delegate obligations but remain responsible for their performance.
The Terms of Service constitute the entire agreement, superseding prior understandings or agreements.

2. Additional Notes

Clarity and Specificity: The terms are detailed and specific, clearly outlining the scope of liability and responsibilities for both consumer and business users.
Legal Compliance: The terms are designed to comply with legal standards, offering protection while also acknowledging users' rights.

Dispute Resolution and Applicable Law in Terms of Service for Fans.Baby

For Consumers (Fans)
1. Governing Law for Consumers:
If you are a consumer, English law governs your agreement with us. This applies to:

Any claims arising from your agreement with us or your use of Fans.Baby.
Any claims we have against you related to your agreement with us or your use of Fans.Baby, including non-contractual disputes or claims.

You can also rely on mandatory laws of your residence country.
2. Jurisdiction for Consumer Claims:

UK or EU Residents: Claims can be brought in either the courts of England and Wales or in the courts of your residence country.
Residents Outside UK/EU: Claims must be brought in the courts of England and Wales.

For Business Users (Creators and Referring Users)
1. Governing Law for Business Users:
If you are a business user, English law governs your agreement without conflict of law considerations. This covers:

Claims arising from your agreement with us or your use of Fans.Baby.
Claims we have against you related to your agreement with us or your use of Fans.Baby, including non-contractual disputes or claims.

2. Jurisdiction for Business User Claims: Exclusive jurisdiction of England and Wales courts for disputes or claims arising from the agreement or Fans.Baby use.
3. Limitation Period for Claims: Claims related to Fans.Baby must be filed within one year from the date the claim arose or when the facts were known, whichever is earlier, or they will be permanently barred.
Other Terms Forming Part of the Agreement
1. Included Terms and Policies:

Terms of Use for Fans: Additional terms for Fans.Baby fans.
Terms of Use for Creators: Additional terms for Fans.Baby creators.
Privacy Policy: Applies to all users regarding personal data use.
Acceptable Use Policy: Guidelines for all users on permissible activities.
Referral Program Terms: Terms for participants in the referral program.
Complaints Policy: Procedure for complaints about Fans.Baby.
Platform to Business Regulation Terms: Additional terms for EU/UK-based creators.
Community Guidelines: Additional interaction guidelines on Fans.Baby.

2. Conflict Resolution: In case of conflicts, the Terms of Use for all Users prevail over other listed policies to the extent of the conflict.

In case of any conflict, these Terms of Use for all Users will prevail.