FANBLAST GENERAL TERMS OF SERVICE

Creators

Creators - Terms & Conditions / Fanblast / 12.11.2024

1. Table of Contents

1. Contracting Parties
2. Formation of the Contract
3. Content of the Contract

1. Obligations of Fanblast
2. Obligations of the Creator

1. Compensation and Payment Terms
2. No Liability or Warranty (Fanblast -> Creator)

1. Messenger Services
2. Payment Methods/ Service Providers
3. Content of the Creator
4. Messenger Channels/ Moderation Feature

1. Indemnification (Creator -> Fanblast)
2. Contractual Penalty and Waiver of Rights
3. Data Protection
4. Copyright
5. Final Provisions

1. Concluding Provisions/ Written Form
2. Changes to the Terms & Conditions by Fanblast (at any time)
3. Severability Clause
4. Jurisdiction and Applicable Law (if legally enforceable)

B. Structure & Clauses

1. Contracting Parties

1. The contract is concluded between Digital Blast GmbH ("Fanblast") and the business entity ("Creator") (collectively "the Parties").
2. The purpose is the direct engagement of fans through messenger channels provided by Fanblast and operated by the Creator on selected messenger services, as well as the increase in sales of images and videos ("Content") created by the Creator. These can be offered to fans via Fanblast-operated servers as a link in the messenger channel for unlocking or downloading upon payment.
3. For the contractual relationship between the Parties, only the present terms and conditions ("T&C") in their respective valid version shall apply. To specify certain provisions, Fanblast may unilaterally create regulations and guidelines referenced in the relevant provisions.
4. The paid granting of usage rights to the Content uploaded by the Creator to Fanblast's servers and offered to fans takes place through a separate contract between the Creator and the Fan. This is not part of this contract.

1. Formation of the Contract

1. The contract is concluded when Fanblast sends a confirmation message via email, which also includes access credentials to Fanblast's chat software and the Creator's user account on fanblast.com. Prior to this, the Creator must provide all requested data and accept the applicable T&C and privacy policies.
2. The Creator must be at least 18 years old or, if the full legal capacity in the Creator’s jurisdiction is set at a higher age, must have reached that age. Fanblast reserves the right to request a copy of a valid identification document for verification.

1. Content of the Contract

1. Obligations of Fanblast

1. Fanblast provides the Creator with access to Fanblast's chat software.
2. Fanblast allows the Creator to upload Content to Fanblast’s servers via their user account on fanblast.com and to offer it to fans for viewing or download via the chat software and messenger channels provided by Fanblast and operated by the Creator.
3. If communication with fans is conducted partially or entirely by a moderator or automated chat support, the Creator bears sole responsibility.
4. Fanblast ensures that, upon successful payment processing, the selected Content is made available for download (or viewing) via the chosen payment method.
5. Fanblast ensures, within technical and organizational possibilities, that the chat software functions properly and hosted Content is accessible. However, necessary updates, maintenance, and external service provider outages may cause limitations.
6. Fanblast informs the Creator of known or planned limitations that significantly impact service availability. Fanblast is only liable for intent and gross negligence. In cases of force majeure, liability is excluded.
7. Fanblast prepares a monthly revenue report and deducts the agreed commission.
8. Fanblast provides the Creator with data and analytics on their revenue and interactions with fans via their customer account.

1. Obligations of the Creator

1. The Creator guarantees to own the copyrights or necessary usage rights for the uploaded Content.
2. If the Content depicts third parties, the Creator must have obtained appropriate consent and comply with applicable laws (e.g., youth protection).
3. The Creator guarantees compliance with the legal minimum age for the uploaded Content as required by the Creator's jurisdiction.
4. The Creator must adhere to Fanblast’s Content Guidelines, available here.
5. Fanblast reserves the right to remove or restrict access to Content in case of complaints from fans, authorities, or software-based reviews revealing violations of these T&C, messenger service rules, payment provider regulations, or national/international laws.

Prohibited Content and Activities:

• Violence and threats
• Illegal pornography and child exploitation
• Religious and political extremism, terrorism
• Alcohol consumption by minors under 21 in the U.S.
• Sale or use of tobacco under 21 in the U.S. or illegal drugs
• Dangerous materials (explosives, toxic substances, radioactive materials)
• Firearms, weapons, or related schematics (excluding kitchen knives, letter openers, toy slingshots)
• Recalled products posing health or safety risks
• Content promoting self-harm, hate speech, or illegal activities
• Pyramid schemes, gambling, or other illegal activities
• Certain animal products from endangered species
• Promotion of competing platforms or payment providers (e.g., OnlyFans, Fansly) unless explicitly supported by Fanblast

1. Compensation and Payment Terms

1. Fanblast retains 20% of the revenue generated by the Creator via Fanblast as a commission. The remaining 80% remains with the Creator.
2. This applies to pay-per-view, tips, and subscriptions.
3. Fanblast provides a monthly revenue statement and invoices the Creator for the commission.

1. No Liability or Warranty (Fanblast -> Creator)

1. Messenger services

1. Fanblast does not guarantee availability or functionality of messenger channels or SMS services, which are subject to the respective provider’s T&C.
2. Fanblast does not guarantee availability or functionality of supported payment methods, which are subject to the payment provider’s T&C.
3. Fanblast is not liable for the Creator's uploaded Content. The Creator is solely responsible for legal compliance.

1. Payment Methods / Service Providers

1. Fanblast assumes no liability or warranty for the availability and functionality of the supported payment methods.
2. The terms and conditions of the provider of the selected payment method and, if applicable, the terms and conditions of the payment service provider used shall apply.

1. Content of the Creator

1. Fanblast assumes no liability or warranty for the content uploaded by the creator to Fanblast's servers.
2. The creator is solely responsible for complying with applicable national and international laws and for adhering to the terms of the messenger service.

1. Messenger Channels / Moderation Feature

1. The creator is solely responsible for the chat in the messenger services supported by Fanblast and for ensuring compliance with national and international laws and the terms of the messenger service.
2. Fanblast assumes no liability or warranty for the moderation feature provided by Fanblast as an option for the creator.

1. Indemnification and Waiver of Liability (Creator -> Fanblast)

1. The creator indemnifies Fanblast from all material and immaterial claims by third parties arising from a breach of contract or omission by the creator within the framework of the service provided or operated by Fanblast (hosting and provision of content, provision of messenger channels and SMS services, chat feature) or the terms and conditions of the SMS and messenger service providers, which are asserted against Fanblast. This also applies to legal advice and legal enforcement costs incurred in connection with this.
2. Please also note the provisions of Section 1542 of the California Civil Code, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, and which, if he had known, would have materially affected his settlement with the debtor." You confirm that you have read and understood Section 1542 of the California Civil Code and hereby expressly waive all rights and benefits arising from this section and any similar laws in other jurisdictions in connection with your release of claims against Fanblast.
3. You agree that, to the extent permitted by law, each party waives its right to a trial by jury or to participate in a class action by signing this agreement. All claims must be brought individually in arbitration and not as a plaintiff or member of a group in any alleged class or representative proceeding, and unless we agree otherwise, the arbitrator may not consolidate claims from more than one person. This means that you may not participate in a class, group, consolidated, or representative proceeding initiated by a third party. Notwithstanding the foregoing, you may participate in a class-wide settlement.
4. You may withdraw from binding arbitration and this waiver of class actions and jury trials by notifying us in writing within 30 days of signing this agreement, unless a longer period is required by law. Your written notice must be sent within 30 days of signing or accepting this agreement by mail, email, or to the address or email provided in the imprint and must include your name, address, and a clear statement that you do not wish to resolve disputes through arbitration.
5. As far as permitted by applicable law, any claims in connection with this agreement can only be asserted by the user against Fanblast within one year from the date the claim could first be asserted. If the claim is not asserted within this period, it is permanently barred.

1. Penalty Clause

1. The creator agrees to pay a contractual penalty of at least EUR 5000 upon request by Fanblast in the event of a breach of a contractual obligation, which is subject to judicial review.
2. The assertion of the contractual penalty is at the sole discretion of Fanblast. Fanblast will take into account the nature and extent of the breach of obligation and any risk of repetition when deciding whether to assert the penalty. An appeal against Fanblast’s decision is excluded.

1. Data Protection

1. The privacy policy of Fanblast in its current version applies, and can be accessed here.
2. In addition, the respective data protection provisions of the messenger services supported by Fanblast, the payment method selected by the fan, and the payment service provider engaged by the fan apply.

1. Copyright

1. All copyrights regarding the content uploaded by the creator to Fanblast’s servers are held by the creator.
2. The fan acquires only a simple, limited-time usage right through the paid activation of the content.
3. Therefore, the fan is specifically prohibited from making the content publicly accessible, redistributing, reselling, making content changes, or using the activated content in any other way that requires permission.
4. The creator must notify Fanblast in writing at the following email address if they believe content violates copyright or trademark law under U.S. or any other national law ("DMCA notice"):

Digital Blast GmbH
Attn: DMCA Notice
info@fanblast.com

1. Final Provisions

1. Final Agreement / Written Form

1. These terms and conditions represent the entirety of the agreements made between the parties regarding this contractual relationship. No verbal side agreements exist. Changes or extensions to this agreement must be made in writing and require the consent of both parties.

1. Amendment of the Terms and Conditions by Fanblast (Necessary)

1. Fanblast may amend the terms and conditions at any time without the creator’s consent if required due to an extension or limitation of Fanblast’s services or due to new legal regulations or case law.

1. Severability Clause

1. If individual provisions or parts of these terms and conditions are invalid, the parties shall replace the affected clauses with valid clauses that, in good faith, reflect the interests of the parties in accordance with the purpose of the contract. If one of the parties unjustifiably refuses to give the necessary consent to a contract amendment, its consent may be replaced by calling the relevant court or authority.

1. Jurisdiction and Applicable Law (If Validly Agreed)

1. The place of jurisdiction is Hamburg (Germany), and German law shall apply as the governing law.

Fans

Fans Terms and Conditions / Fanblast / As of 12.11.2024

1. Parties to the Contract
2. Conclusion of the Contract
3. Content of the Contract
        a. Obligations of Fanblast
        b. Obligations of the User
4. No Liability or Warranty (Fanblast -> User)
        a. Messenger Services
        b. Payment Methods / Service Providers
        c. Content of the Creators
5. Indemnification and Waiver of Rights (User -> Fanblast)
6. Data Protection
7. Copyright
8. Final Provisions
        a. Concluding Regulation / Written Form
        b. Changes to the Terms and Conditions by Fanblast (at any time)
        c. Severability Clause
        d. Jurisdiction and Applicable Law (if effectively agreed upon)

1. Parties to the Contract

1. The contract is concluded between Digital Blast GmbH ("Fanblast") and the customer ("User") (together "the Parties").
2. The only binding terms for the contractual relationship are these terms and conditions ("AGB").

2. Conclusion of the Contract

1. The contract is concluded (for the unlocking of content, subscriptions, or the giving of tips) by accepting the terms and conditions (and clicking the "Order with Obligation to Pay" button) in the process of purchasing the content uploaded by the Creator to Fanblast's servers and selected by the User for download (or viewing), as well as by subscribing to a subscription ("Subscription") or voluntarily making a tip ("Tip").
2. Where applicable, the obligations of the User as set out below under section 3b and the legal consequences for violations apply from the moment the User first accesses the messenger channel provided by Fanblast and operated by the Creator.

3. Content of the Contract

1.  Obligations of Fanblast

1. Fanblast will make the selected content from the Creator available to the User for download (or viewing) after successful completion of the payment process through the payment method selected by the User.

1. Obligations of the User

1. The User agrees to pay the compensation for the selected content as indicated on the payment page.
2. The User guarantees that they are of the legal minimum age required to possess or view the content in their country of origin or the country whose laws apply to the User.
3. The User agrees not to make any statements, request actions from the Creator, upload images, videos, or other content, or offer or provide items ("Interactions") in the messenger channels operated by the Creator (and provided by Fanblast) that violate the rules of the respective messenger service or applicable national or international laws.
4. The User is prohibited from distributing, publicly making available, reproducing, disseminating, or otherwise using the acquired content outside the platform. Any unauthorized use or distribution may have legal consequences.
5. Prohibited Interactions include, but are not limited to:

• Violence and threats;
• Illegal pornography and pedocriminal content;
• Religious and political extremism as well as terrorism;
• Alcohol consumption by minors under the age of 21 in the USA;
• Use or sale of tobacco to those under 21 in the USA or illegal drugs;
• Dangerous materials (e.g., explosives, flammable objects, toxic substances, radioactive materials);
• Rifles, firearms, or other weapons capable of causing harm, including patterns, designs, plans, or instructions (except for kitchen knives, letter openers, and toy slingshots);
• Items recalled by governments or manufacturers that may pose a health or safety risk;
• Items that promote, support, or glorify violence or self-harm;
• Items that promote, support, or glorify hatred;
• Items that promote illegal activities (such as counterfeit goods or materials);
• Pyramid schemes, gambling, or other illegal activities; or
• Certain animal products made from endangered or threatened species (such as ivory) and human remains.
• The User agrees, by contacting the Creator via a message in the messenger channels provided by Fanblast and operated by the Creator or SMS service, to receive messages from the Creator with commercial content without further request.

4. No Liability or Warranty (Fanblast -> User)

1. Messenger Services

1. Fanblast assumes no liability or warranty for the availability of the messenger services used by the Creator (and supported by Fanblast).
2. The terms and conditions of the respective messenger service apply.

1. Payment Methods / Service Providers

1. Fanblast assumes no liability or warranty for the availability and functionality of the payment method selected by the User.
2. If the payment process fails, the User must contact the provider of the payment method and/or the involved payment service provider.
3. The terms and conditions of the selected payment method provider and, if applicable, the terms and conditions of the involved payment service provider apply.

1. Content of the Creators

1. Fanblast assumes no liability or warranty for the content uploaded by the Creator to Fanblast's servers.
2. The Creator is solely responsible for complying with the applicable national and international laws and the regulations of the messenger service.
3. This also applies to the quality, content, availability, and other relevant conditions of the content offered to the User through the messenger service.
4. Fanblast reviews the content uploaded by the Creator to its servers upon individual complaint by the User and as part of reasonable software-based checks, and immediately blocks this content if it violates national or international laws or the messenger service's regulations.
5. The Creator is solely responsible for the chat in the messenger channels provided by Fanblast and operated by the Creator, as well as for complying with national and international laws and the regulations of the messenger service.
6. If the Creator uses the moderation feature offered by Fanblast in the respective messenger channel or as part of the SMS service, they must make this clear to the User and are solely responsible for the use of the moderation feature.
7. Fanblast reserves the right to inform and contact the Creator's fans about security measures, updates, or other changes.

5. Indemnification and Waiver of Rights (User -> Fanblast)

1. The User indemnifies Fanblast, to the extent permitted by the law of the country applicable to the User, from all material claims of third parties arising from actions or omissions by the User in connection with the services provided or operated by Fanblast. This also applies to legal advice and legal enforcement costs related to this.
2. Please also note the provisions of Section 1542 of the California Civil Code, which reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, and which, if known, would have materially affected his or her settlement with the debtor." By accepting these terms, you confirm that you have read and understood Section 1542 of the California Civil Code, and you hereby expressly waive all rights and benefits arising from this section and any laws of any jurisdiction with similar effect concerning your indemnification of claims you have against FANBLAST.
3. You agree that, to the extent permitted by law, each party waives the right to a trial by jury or to participate in a class action when entering into this agreement. All claims must be brought in the individual capacity of the parties and not as a plaintiff or member of a group in any purported class or representative action, and unless otherwise agreed, the arbitrator may not consolidate the claims of more than one person. This means that you may not participate in a class, group, consolidated, or representative action initiated by a third party. Notwithstanding the foregoing, you may participate in a group-wide settlement.
4. You may opt-out of binding arbitration and this waiver of class actions and jury trials by notifying us in writing within 30 days of signing this agreement, unless a longer period is required by law. Your written notice must be sent within 30 days after signing or accepting this agreement by mail, email, or to the address or email provided in the imprint, and must include your name, address, and a clear statement that you do not wish to settle disputes through arbitration.
5. To the extent permitted by the applicable law, all claims related to this agreement must be made by the User within one year from the date the claim could first be made. If the claim is not made within this period, it will be permanently barred.

6. Data Protection

1. The data protection provisions of Fanblast in their current version apply, and can be accessed here.
2. Additionally, the respective data protection provisions of the messenger services supported by Fanblast, the payment method selected by the User, and the payment service provider engaged by the User apply.

7. Copyright

1. All copyrights to the content uploaded by the Creator to Fanblast's servers lie with the Creator.
2. The User acquires a simple, time-limited right of use through the paid unlocking of the content.
3. Thus, the User is specifically prohibited from publicly making available, redistributing, reselling, making content changes, or otherwise using the unlocked content in a way that requires permission.
4. The User must notify Fanblast in writing via the following email address if they believe that content infringes on copyright or trademark rights under US or other national law ("DMCA notice"):

Digital Blast GmbH
Attn: DMCA Notice
info@fanblast.com

8. Final Provisions

1. Concluding Regulation / Written Form

1. These terms and conditions represent the entire agreement between the parties regarding the contractual relationship. No oral side agreements exist. Changes or extensions of this contract require written form and the agreement of both parties.

1. Changes to the Terms and Conditions by Fanblast (at any time)

1. Fanblast may modify the terms and conditions at any time without the User's consent, if required due to an expansion or restriction of Fanblast's services, or due to new legal regulations or jurisprudence.

1. Severability Clause

1. If individual provisions or parts of these terms and conditions are invalid, the respective clauses shall be replaced by effective clauses that, to the extent possible, align with the interests of the parties in good faith and consider the purpose of the contract. If a party unreasonably refuses to give the required consent to a modification of the contract, their consent can be replaced by invoking the competent court or instance.

1. Jurisdiction and Applicable Law (if effectively agreed upon)

1. To the extent possible under the procedural law of the country that applies to the contractual relationship between the parties, the jurisdiction is agreed to be Hamburg (Germany), and German law is agreed as the applicable law.