General Terms and Conditions for Fans (Fan Terms and Conditions)
1.Subject matter and contracting parties
These Fan Terms and Conditions govern the contractual relationship between Digital Blast GmbH, Neuer Jungfernstieg 15, 20354 Hamburg, Germany (hereinafter referred to as "Digital Blast GmbH") and natural persons who use Fanblast (hereinafter referred to as "Fans").
Fanblast enables content creators (hereinafter referred to as "Creator") to distribute digital content (e.g. photos, videos, audio, text) (hereinafter referred to as "Content") to Fans. In order to receive the content, the Fan must take out a temporary or permanent (One time Payment) subscription in order to obtain the Creator's mobile phone number and thus access to communication (hereinafter referred to as "Subscription"). With the mobile phone number, the Fan can contact the Creator via a messenger service and receive content from the Creator.
Digital Blast GmbH concludes contracts with fans in its own name and on its own account for the use of and access to this Content and the Subscriptions. There is no contractual relationship between a Creator and the Fans.
The use of Fanblast is exclusively permitted to consumers within the meaning of Section 13 of the German Civil Code (BGB). Entrepreneurs (Section 14 BGB) are excluded.
2.User account and fan contract
A personal user account for the fan (hereinafter referred to as "User Account") is required to use Fanblast. To have a User Account, the Fan must be at least 18 years old. Digital Blast GmbH reserves the right to request appropriate proof of age and identity.
When creating a User Account, the Fan must complete the registration form on the Digital Blast GmbH website provided for this purpose in full, truthfully and with up-to-date information. In the event of subsequent changes, this information must be updated immediately in the User Account. The Fan must create a separate user account for each Creator.
By submitting the necessary information in accordance with Section 2.2, the Fan makes an offer to conclude a contract for the use of Fanblast. The contract between Digital Blast GmbH and the Fan (hereinafter referred to as the "Fan Contract") is concluded as soon as the Fan gains access to the Creator's mobile phone number. Digital Blast GmbH is entitled to refuse to conclude a Fan Contract.
The Fan must carefully protect access to content from third parties. If the Fan becomes aware of the use of Content by third parties, they must inform Digital Blast GmbH immediately.
3.Fanblast
After conclusion of the Fan Contract, the Fan receives access to Fanblast.
Digital Blast GmbH provides Fanblast with an average availability of 99% per calendar month. Subject to clause 3.3, Fanblast is available when the essential agreed functionalities of Fanblast can be used by the Fan.
Fanblast shall also be deemed available during maintenance work if this does not exceed a total of 6 hours per calendar month and has been announced at least 24 hours in advance. The accessibility or availability of third-party messenger services (e.g., WhatsApp) is not part of this availability commitment and shall not be counted towards the availability of Fanblast.
4.Booking of Content and rights to Content
Fans can purchase Content as part of a Subscription. A Subscription does not entitle the Fan to receive Content.
Subscriptions are taken out on the creator's respective Fanblast page (hereinafter referred to as the "Subscription Contract"). Before concluding a Subscription Contract, the price, service content and term are displayed. By clicking on the order button that clearly indicates the payment obligation, e.g. "Pay by credit card" or "Pay with G Pay", a Fan can submit a legally binding offer to conclude a Subscription Contract.
As part of a Subscription, the Fan can purchase individual Content. To do so, they can submit a legally binding offer to conclude a contract for the paid content (hereinafter referred to as the "Content Contract") by clicking on the order button that clearly indicates the payment obligation (e.g. "Pay by credit card" or "Pay with G Pay").
If the Fan has submitted an offer to conclude a Subscription Contract in accordance with Section 4.2 or an offer to conclude a Content Contract in accordance with Section 4.3, they will receive an order confirmation with the details of the order in the form of a message to their registered email address (hereinafter: "Order Confirmation"). With the Order Confirmation, Digital Blast GmbH confirms to the Fan that Digital Blast GmbH has received the order. At the same time, Digital Blast GmbH accepts the offer to conclude a Subscription Contract in accordance with Section 4.2 or a Content Contract in accordance with Section 4.3.
Subscriptions either have a minimum term (e.g. 30 days, 3, 6 or 12 months) (hereinafter referred to as "Minimum Term") or are for unlimited access with a one-time payment. If a Minimum Term has been agreed, the Subscription shall be extended indefinitely after expiry of the agreed Minimum Term, unless one of the parties terminates the Subscription Contract in accordance with these provisions.
Subscriptions are billed at monthly intervals (calendar months) (hereinafter referred to as the "Billing Period"), with each interval beginning on the day of booking or the day after the end of the minimum term. Subscriptions can be cancelled at any time after the end of the minimum term at the end of the current Billing Period by either party with one (1) month's notice. The provisions of Section 10.1 of these Fan Terms and Conditions apply accordingly. Subscriptions with unlimited access can be cancelled at any time by giving Digital Blast GmbH one (1) month's notice.
If Content is transmitted to fans via third-party messenger services (e.g. WhatsApp), the terms and conditions of the respective messenger service provider apply to the use of the messenger service.
5.Rights to content
By concluding a Content Contract, the Fan acquires a simple but permanent right to use the Content.
If Fans provide their own Content (e.g. comments, ratings, profile pictures, messages) to Digital Blast GmbH (e.g. by replying to a message from the creator), they grant Digital Blast GmbH a simple, worldwide, transferable, sublicensable and royalty-free right of use for the duration of the Fan Contract to store, reproduce and edit the Content for the operation of Fanblast (e.g. thumbnails, technical adjustments), insofar as this is necessary for the provision of services in accordance with these Fan Terms and Conditions.
6.Prices and payment terms
All prices quoted on Fanblast or on a Creator's Fanblast page are in euros or US dollars and include the applicable statutory value added tax, unless expressly stated otherwise.
Accepted payment methods are displayed during the ordering process (PayPal, Apple Pay, Google Pay, credit card, Ideal and Paysafe Card).
Subscriptions are charged in advance at the beginning of the respective Billing Period. Otherwise, payment is due upon conclusion of the Content Contract.
7.Obligations of fans
Fans may only use Fanblast and the Content within the scope of applicable law and these Fan Terms and Conditions.
Communication by Third Parties
The Fan accepts that the Creator may be supported by third parties in communication, provided that this is disclosed in the public presentation or in the chat. Deception regarding the identity of the person acting is prohibited.
Fans are prohibited from distributing, making publicly available, reproducing, passing on or otherwise using Content outside of Fanblast.
The Fan undertakes not to make any statements in their communication with a Creator or to demand that the Creator perform any actions or send any Content with the following content:
- criminal Content;
- Content that infringes the rights of third parties;
- discriminatory, violence-glorifying or offensive Content;
- Content that contains threats of illegal actions;
- Content that results in a non-consensual portrayal of persons or activities;
- religious or politically extreme Content;
- Content about dangerous materials (explosives, toxic substances, radioactive material), firearms, weapons or related construction plans;
- Content that promotes or encourages self-harm, hate speech or illegal activities;
- Content that involves, promotes or facilitates human trafficking, sex trafficking, rape, incest, sodomy or sexual abuse; or
- Content that encourages participation in pyramid schemes, illegal gambling or other illegal activities.
8.Consequences of violations
Digital Blast GmbH may take any measures it deems necessary in the event of specific breach of contract by the Fan or in the event of a violation of these Fan Terms and Conditions or the rights of third parties. Such measures may include, but are not limited to:
- Warning,
- restriction of use and responding to Content,
- temporary suspension of the User Account for the duration of the investigation into whether the underlying suspicion is substantiated, or
- closure of the User Account.
Digital Blast GmbH also reserves the right to review, monitor and moderate Content displayed on Fanblast or distributed via Fanblast. If Content is found that violates the provisions of these Fan Terms and Conditions or applicable law, Digital Blast GmbH may edit or remove such Content at its sole discretion. To ensure compliance with the regulations, Digital Blast GmbH may carry out regular checks using both technical systems and manual controls.
9.Reporting and remedy procedure, internal complaint management system
Any person can report Content that is illegal or violates these Fan Terms and Conditions on the Fanblast website using a form provided for the reporting and remedy procedure (hereinafter referred to as the "Reporting and Remedy Procedure"). To do so, the form on the website must be accessed by clicking on the "Report DSA" button and entering the requested information. Otherwise, Digital Blast GmbH will not be able to assign the complaint or may not be able to locate the reported content. Reports can also be sent by email to support@fanblast.com.
As soon as Digital Blast GmbH receives a report in accordance with Section 9.1, Digital Blast GmbH will immediately review it and, if necessary, make a decision that includes the measures specified in section 8.1. The person who reported the content will be informed of the decision and the reasons for it via the email address provided in the reporting and remedy procedure, if one was provided. Otherwise, this person will not receive any notification of the decision and the reasons for it.
Digital Blast GmbH has set up a free internal system for handling complaints (hereinafter referred to as the "Complaint Management System") for users, persons and/or institutions based in the European Union who use the website or products against adverse decisions from the reporting and redress procedure. Such complaints can be submitted via support@fanblast.com.
The complaint will be reviewed and forwarded to the relevant internal departments, which will deal with the matter raised within a reasonable period of time.
In addition to the rights set out in 9.1 and 9.3, there is a right to out-of-court dispute resolution in relation to the above measures and in relation to complaints that have not been resolved by Digital Blast GmbH's complaint management system. For this purpose, a competent out-of-court dispute resolution body certified under the Digital Services Act may be selected. The European Commission has published a list of these out-of-court dispute resolution bodies at https://digital-strategy.ec.europa.eu/en/policies/dsa-out-court-dispute-settlement. The right to take legal action at any time in accordance with applicable law to challenge the decisions or measures of Digital Blast GmbH remains unaffected by this.
10.Term, termination, termination button
The Fan Contract is valid for an indefinite period and can be terminated by the Fan and by Digital Blast GmbH at any time in writing. The Fan can also terminate the Fan Contract by clicking on the termination button on fanblast.com ("Terminate contracts here" or similar). To do so, the Fan must follow the instructions provided there until confirmation ("Terminate now" or similar). Upon termination, all current content contracts and subscription contracts are also automatically terminated.
The contractual relationship ends 30 calendar days after receipt of the notice of termination, provided that there are no current subscriptions with a minimum term. If there are current Subscriptions with a minimum term, the Fan Contract ends on the date on which the current Subscription with the longest remaining minimum term ends. The Fan shall have access to the Content until this date. Upon termination of the Fan Contract, the Fan shall also lose access to Subscriptions with an unlimited term.
The right to extraordinary termination for good cause remains unaffected for the Fan and Digital Blast GmbH. Good cause shall be deemed to exist in particular in the event of serious or repeated violations of these Fan Terms and Conditions or applicable law.
In the event of extraordinary termination of the Fan contract, the Fan is not entitled to a refund of the costs for any ongoing Content Contracts or Subscription Contracts. This does not apply if the Fan terminates this Fan Contract for good cause and is not responsible for this cause. In this case, the Fan shall receive a pro-rata refund of the costs for the remaining term of their content contracts or subscription contracts, unless these are Subscriptions with unlimited access. In this case, there shall be no entitlement to a refund of costs.
Upon termination taking effect, the User Account will be deleted, unless this conflicts with any statutory retention obligations or overriding legitimate interests of Digital Blast GmbH.
11.Liability
Digital Blast GmbH shall be liable without limitation for damages resulting from injury to life, limb or health, for breach of warranty and in accordance with the German Product Liability Act. Digital Blast GmbH shall also be liable without limitation in cases of intent or gross negligence. In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), liability shall be limited to the foreseeable damage typical for this type of contract, unless a case under sentence 1 applies. Essential contractual obligations are, in abstract terms, those obligations whose fulfilment is essential for the proper execution of a contract and on whose compliance a contracting party may regularly rely. Otherwise, Digital Blast GmbH's liability for slight negligence is excluded.
12.Cancellation policy
Right of withdrawal for consumers
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us
Digital Blast GmbH Neuer Jungfernstieg 15, 20354 Hamburg, Germany Telephone number: +49 1514 1320190 Email: info@fanblast.com
by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory. The sample withdrawal form can be found at Section 12.5.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
If you have requested that the service should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you inform us of the exercise of the right of withdrawal with regard to this contract, compared to the total scope of the services provided for in the contract.
Exclusion of the right of withdrawal
The right of withdrawal does not apply if, at the time of concluding the legal transaction, you are acting predominantly in the exercise of your commercial or self-employed professional activity and are therefore to be regarded as an entrepreneur (Section 14 of the German Civil Code, BGB).
Further important information
In the case of contracts for the provision of digital content that is not stored on a physical data carrier, your right of withdrawal also expires if (a) we have begun to fulfil the contract, (b) you have expressly agreed that we may begin fulfilling the contract before the expiry of the right of withdrawal period, (c) you have confirmed your knowledge that your right of withdrawal expires upon your consent to the commencement of the fulfilment of the contract, and (d) we have provided you with a confirmation in accordance with Section 312f BGB.
Sample withdrawal form
(If you wish to withdraw from the contract, please fill out this form and return it to us.)
To Digital Blast GmbH Neuer Jungfernstieg 15, 20354 Hamburg, Germany Telephone number: +49 1514 1320190 Email: info@fanblast.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) Ordered on (*)/received on (*) Name of the consumer(s) Address of the consumer(s) Signature of consumer(s) (only for paper notifications) Date (*) Delete as appropriate
13.Other information
The contract language is German, English or French. We do not store the contract texts and they cannot be retrieved afterwards.
In order to access the content, the Fan requires a mobile device with access to one of the messenger services used by Digital Blast GmbH and an active Internet connection.
The statutory warranty rights apply.
14.Final provisions
These Fan Terms and Conditions, the Content Contracts, the Subscription Contracts and the Fan Contracts are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If the Fan is a consumer with their habitual residence within the EU, the mandatory consumer protection provisions of the Fan's country of residence shall also apply.
The current Digital Blast GmbH privacy policy applies, which is available at fanblast.com/privacy-policy.
These Fan Terms and Conditions are available in German and English. In the event of any discrepancies, the German version is the binding and sole governing version of the Fan Terms and Conditions and takes precedence.
Should individual provisions of these Fan Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.