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Before accessing and using this platform, please read this document (the "Legal Notice"), carefully, which establishes the conditions governing its access and use.
Any person accessing, browsing or using this platform (the “User”) shall be subject to the provisions of this Legal Notice. The use of the platform implies the express and unreserved acceptance of all the terms set forth herein, equally valid to any written and signed agreement. If you do not agree with the contents of this document, please refrain from accessing, browsing or using the platform.
1. IDENTIFICATION
Owner: ASG DIGITAL LTD (hereinafter, “ASG DIGITAL”)
Registered Office: ASG Digital LTD , Zakaki, Voukourestiou, 25 Neptune House, 1st floor, Flat/Office 11 - 3045 (Limassol), Cyprus
Registration number: HE 429469
Telephone: +35797641259
E-mail: support@loverfans.com
2. CONTENT WARNING
2.1. Nature of the Platform and its Content
Part of the content contained in this platform may be of an erotic or sexual nature. By accessing the platform, the User consents to viewing this type of content, knowing that in some cases it may be considered offensive or inappropriate. If this type of content is not to your preference, or you believe it may offend your sensibility, you should leave the platform immediately
2.2. Legal Age
By accessing this platform, the User acknowledges, under their own responsibility, that they have reached legal age in their jurisdiction (18 years of age or older, according to their region).
Access to this platform is strictly prohibited to underage persons, thus if you have not yet reached legal age in your jurisdiction (at least 18 years of age), you must leave the platform immediately. Further browsing shall be performed under the User's sole responsibility and may result in criminal consequences.
Likewise, anyone
who suspects that a User may be underage, must report it to
support@loverfans.com.
2.3. Warning and prohibition notice
It is forbidden by law to publish content depicting minors, or adults pretending to be minors, with the purpose of avoiding abuse and trafficking of minors.
It is also absolutely forbidden to use this platform to promote, participate in or encourage prostitution or sex trafficking. Thus, it is strictly forbidden to exchange personal information for the purpose of having encounters outside the platform. It is also forbidden to charge for services rendered in person. It is also absolutely forbidden to use this platform to promote, participate in or encourage prostitution, pedophilia, sex trafficking, human traffic an any kind of human abuse.
Any breach of the above shall be of the sole responsibility of the offending User.
By accessing this platform, the User acknowledges and accepts that THE WEBSITE does not generate content, but rather acts as a medium through which Content Creators may disseminate their legal, original and, in the event that third parties participate, consented material.
THE WEBSITE has technological and human resources deployed to comply with the basic regulation regarding content, with the aim of promoting the quality and legality of the material accessible from our platform, and reserves the right to use such resources to conduct periodic reviews and take appropriate action against anyone who fails to comply with the rules of access to the platform, especially those contained in this Legal Notice and any other legal text applicable to each User.
3. PURPOSE
This Legal Notice
establishes the conditions, rights and obligations governing access to and use
of the platform located at the URL loverfans.com
(hereinafter, the "Platform") and
the services and
content (including logos and trademarks) available on it, as well as the
responsibilities and liabilities that may arise from its use.
Therefore, the use of the Platform implies the express and unreserved acceptance of all the terms of this Legal Notice, having the same validity and effectiveness as any contract entered into in writing and signed. In this regard, ASG DIGITAL reserves the right to modify the layout, configuration and content of the Platform, including this Legal Notice. For this reason, we recommend that you frequently review this Legal Notice.
This Legal Notice shall apply to any person accessing, browsing or using the Platform, regardless of their status as User (anonymous or registered) or Content Creator. Mere access to the Platform constitutes tacit acceptance of the contents of this document, which shall be complied with by each person accessing the Platform, without exception.
In particular, by using the Platform, the User or Content Creator agrees to use the services and contents of the Platform in accordance with applicable law, the terms of this Legal Notice, and any special conditions applicable to specific products or services and acknowledges and agrees that such use shall be at their sole risk and / or responsibility.
Should the User acquire any product or service offered on the Platform, such acquisition shall be governed by the General Contracting Terms for Users, which they must expressly accept by checking the box provided for that purpose. No contracting may be carried out if the User does not accept them
Likewise, the Content Creators of the Platform shall be subject in any case to the terms and conditions stipulated in the Content Creator Agreement, which they shall expressly sign in order to register on the Platform as a Content Creator.
4. DESCRIPTION OF THE PLATFORM AND SERVICES OFFERED
The main purpose of the Platform is to provide Content Creators and Users with a web platform through which they can connect with each other. Content Creators can publish or offer their content (hereinafter, the "Content") and/or physical or digital products (hereinafter, the "Products"), and Users can access them through a remote contracting or purchasing procedure.
These Contents will be available in different access modalities:
Free Content, whose access does not require an express contracting procedure by the User, as they are openly available to all Users of the Platform.
Monthly subscription-based Content, which requires the User to purchase a subscription to the corresponding Content Creator's channel.
Paid Content (pay-per-view), which the User contracts to gain access to or visualize specific content by paying a fixed unit price, whether if said Content is exclusive or not.
Likewise, Content Creators may enable in their respective profiles a "store" section, which shall function as a Marketplace, where they may offer for sale certain goods (physical or digital) (the “Products”).
The contracting of paid Contents, as well as the purchase of the Products offered by each Content Creator, shall, in all cases, be subject to the acceptance of the corresponding General Contracting Terms.
5. ACCESS AND REGISTRATION
Access to the Platform and to the free Content available therein shall not require registration by anonymous Users, who may therefore access them without the need to register.
However, any interaction with the functionalities of the Platform, the Content and/or with the Content Creators themselves requires registration, and therefore anonymous Users must register to do so.
For this reason, although mere access to the URL where the Platform is hosted will display the home page where the anonymous User will be required to register or, if already registered, to log in to their account, either as a User or as a Content Creator, the anonymous User will also be able to access the "free" open sections of the Platform through that home page.
5.1. User Registration.
To register as a User, you must complete the form provided for this purpose within the Platform. Registration on the Platform is, unless otherwise indicated, free of charge. However, access to and use of certain Contents offered through the Platform may require specific contracting, which will be subject to the General Contracting Terms for Users as set out in the Platform at any given time, which the (registered) User must accept prior to contracting the Contents or Service in question.
We are not responsible for the accuracy of the registration data provided by Users, thus each User shall be responsible for the possible consequences, errors and failures that may subsequently arise from the lack of data quality
5.1.1. Registration requirement
When registering, the User must enter all the (true and accurate) data requested in the registration form, as this shall constitute the sole manner through which we will be able to manage the services we provide and process the requests that the User may submit in the future through their account.
At ASG DIGITAL sole discretion, we may offer registration to the User through social network plugins such as, for example, Twitter. In the case of opting for this method of registration, the User will use his or her access credentials to that social network to register on the Platform.
In order to create a User account, each interested party must meet the following requirements:
Be a natural person.
Meet legal age on the applicable jurisdiction and, in any case, be at least of 18 years of age.
Complete the account registration process
Accept the Platform's Privacy Policy by ticking the corresponding box.
Provide accurate, complete and up-to-date contact and billing information.
The User account on the Platform is, in any case, personal and non-transferable.
In the event that a User registered on the Platform wishes to register as a Content Creator, they may keep the access credentials assigned when registering as a User, but in any case they must complete the registration process as a Content Creator as described in section 4.2.
5.1.2. Termination as a Registered User
Similarly, just as the User can register by following the instructions above and meeting the conditions described above, the User may also request deregistration from the Platform at any time, by accessing the settings panel in the User's profile.
ASG DIGITAL reserves the right to refuse, at its discretion, any new registration by the User in the event that the deregistration has occurred for any of the cases described in the section "Rules of use of the Platform".
5.2. Content Creator Registration.
5.2.1. Registration requirements.
Registration as a Content Creator is reserved for natural persons who are of legal age in their jurisdiction (and at least eighteen (18) years of age). In any case, access to the Platform is prohibited to Content Creators residing in or coming from any territory where pornography is prohibited, in particular, the following territories: Arabia Saudita, Catar, China, Emiratos Árabes, Irán, Kuwait, Omán, Uzbekistan and Yemen.
To register as a Content Creator, the interested party shall provide, by means of the form provided for this purpose, the requested personal data, which will include in any case name, surname, identification number, email and phone number, as well as the appropriate ID documentation (copy of ID card, passport or driver's license). In addition, the interested User must pass a facial recognition test during the registration process in order to confirm that the person making the registration request coincides with the person appearing in the provided documentation.
Once the above is completed, the applicant must sign the Content Creator Agreement granting status as a Content Creator and establishing the terms and conditions governing their use of the Platform and the publication of their Contents and Products
5.2.2. Termination as Content Creator
The Content Creator may request to be removed from the Platform at any time through the settings panel of their Content Creator profile.
Once the cancellation has been carried out, the Content Creator may request a new registration, which may be rejected by ASG DIGITAL, at its sole discretion, if the past cancellation was due to any of the cases described in the section "Rules of Use of the Platform" or due to a breach of the Content Creator Agreement
5.3. Password
The password associated with the User account will be personal and non-transferable and must be generated in accordance with the rules of robustness and complexity established on the Platform from time to time. If the User or Content Creator selects a password that does not comply with the minimum requirements, they will be notified and will be required to select another password that complies with the minimum requirements.
By creating their User account, the User or Content Creator undertakes to make diligent use of it and to keep their password secret, not transmitting or disclosing it to any third party, not even to ASG DIGITAL or any supplier.
The User or Content Creator shall be responsible for the proper custody and confidentiality of any account to which they have access and for any activity that occurs in such account, as well as for the unlawful use of the Platform by any illegitimate third party who accesses it using their password. The User or Content Creator must notify us immediately of any unauthorized access to or use of their account. ASG DIGITAL will not be liable for any loss due to stolen or hacked passwords. We do not have access to the password of our Platform Users and, for security reasons, we may only provide instructions on how to reset the password
In any case, the Platform has the necessary functionalities to allow any User or Content Creator to change his or her password when he or she deems it appropriate, for example, in case of a suspicion or finding that the confidentiality of the password has been breached.
ASG DIGITAL reserve the right to disable any User's or Content Creator's access credentials, at any time, if in our reasonable opinion the User or Content Creator in question has not complied with any of the provisions of this Legal Notice, the General Contracting Terms for Users or the Content Creator Agreement, as applicable, or any other legally binding document or text within the scope of the Platform.
6. RULES OF USE OF THE PLATFORM
The use of the Platform for illegal or unauthorized purposes, with or without economic purpose, is not permitted. Consequences shall be the sole responsibility of the User or Content Creator, whichever is applicable.
6.1. Platform prohibitions.
The following are some of the prohibited activities, which shall not be considered as an absolute list:
6.2. Prohibitions on Contents.
In any case it is strictly forbidden to publish, share or link to content
6.3. Code of conduct.
For the use of the services available through the Platform, all Users and Content Creators must comply with the following basic rules of conduct:
6.4. Consequences of non-compliance.
The User or Content Creator who breaches these prohibitions and/or rules of conduct shall be liable for any claims arising as a result thereof. Even if no claim by a third party arises, ASG DIGITAL reserves the right to take appropriate measures under applicable law in the exercise of its rights and obligations. Such measures may include, in particular, the suspension of access to the Platform or the possibility of participating in the spaces provided therein by the infringing User or Content Creator, who shall not be entitled to claim any compensation for damages caused by such suspension. Moreover, some of the above actions are classified as crimes under the Cyprus Criminal Code, and ASG DIGITAL will bring any action contrary to the above to the attention of the competent authorities, cooperating with them by disclosing the identity of the infringing User or Content Creator when so required.
ASG DIGITAL cannot control the content posted, shared or linked to by Users and Content Creators on the Platform and assumes no responsibility for such content. However, ASG DIGITAL reserves the right to monitor and/or moderate any content posted by Users or Content Creators and, if it violates this Legal Notice or any of the legal texts of the Platform, to edit or remove it. To this end, ASG DIGITAL may, at its discretion, implement technical measures or use material or human resources to carry out periodic checks of the content published on the Platform both by its Users and by the Content Creators, without this implying an assumption of responsibility by ASG DIGITAL beyond the liability that it is assigned by the regulations in force.
Likewise, if a User or Content Creator finds any information or content on the Platform that may be unsuitable, contrary to current regulations, or contrary to the conditions set forth in the Platform, please inform ASG DIGITAL immediately through any of the different means of contact provided for this purpose.
7. SUSPENSION OF SERVICE
ASG DIGITAL may suspend at any time and without notice the availability and use of the Platform with respect to all (or some) Users or Content Creators, which may involve loss of data or information.
Particularly, if a User or Content Creator breaches this Legal Notice or any other provision, document or legal text applicable under the Platform, ASG DIGITAL may suspend or restrict that User or Content Creator’s use of the Platform, including terminating their assigned User, and such actions will not entitle the affected User or Content Creator to any compensation. ASG DIGITAL may also report and cooperate with law enforcement authorities if it detects any violation of applicable law or if it suspects that any User or Content Creator is committing a criminal offense.
The lack of action against a User or Content Creator who breaches any of the provisions set forth in the legal texts of the Platform shall not imply in any case a waiver of the rights of ASG DIGITAL with respect to such breach. We will be able to use and exercise our rights and remedies in any other situation in which this Legal Notice or any other applicable conditions are breached.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. Ownership of the Platform.
ASG DIGITAL owns or, where appropriate, has the corresponding licenses on the intellectual property rights of the Platform, as well as those corresponding to the information, materials, products and other content of the same, including, among others, source code, designs, navigation structure, images, graphics, text, programming codes, databases, trademarks, logos and any other distinctive signs and protectable elements that are displayed or used in the Platform.
In no case shall it be understood that access, navigation and use of the Platform by the User or Content Creator implies a waiver, transfer, license or total or partial transmission of any intellectual property rights by ASG DIGITAL.
In this sense, all intellectual property rights on the Platform are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of it and/or its contents without the prior express written permission of ASG DIGITAL or, where appropriate, the owner of the corresponding rights.
Based on this Legal Notice, ASG DIGITAL only grants the User and the Content Creator a limited, non-transferable, revocable, non-sublicensable and non-exclusive license to access and use the Platform on the User's device. Any rights not expressly granted are reserved by ASG DIGITAL.
The User, as well as any third party, shall be restricted in particular, without limitation, from carrying out the following actions: (i) decompile or reverse engineer the Platform; (ii) link, mirror or frame any part of the Platform and/or its contents; (iii) deploy or launch any type of program to perform any action related to data mining or actions tending to damage the operability and functionality of the Platform; and (iv) remove, modify or any analogous action tending to alter the rights of ASG DIGITAL on its trademark/s, the Platform or its contents, or those of any third party.
Likewise, no content of the Platform may be modified, copied, distributed, framed, reproduced, reused, downloaded, extracted, displayed, transmitted or sold in any way by any means, in whole or in part, without the prior written consent of ASG DIGITAL or its legitimate owner.
Additionally, it is forbidden to remove or manipulate any copyright notices or any other credit that identifies the owners of the rights to the contents of the Platform, as well as technical protection devices, fingerprints or any protection mechanism or information incorporated into the Platform.
8.2. Rights over Contents
Any intellectual property rights (including copyrights and trademark rights, amongst others) and image rights on any Contents published by the Content Creators (audiovisual content and photographs, texts or publications they make) or by the Users of the Platform (for example, comments) will be owned by them, as appropriate. Content Creators and Users, respectively, grant ASG DIGITAL a license over their respective contents for their correct publication and exploitation in the Platform, as well as for their commercial use with purposes of promoting the Platform on the Internet, specifically in websites owned by ASG DIGITAL LTD and/or in third party websites hosted in the latter’s servers. This license will be worldwide and limited to the time that the Content Creator or User is registered on the Platform and/or until the content in question is removed, either by the Content Creator or User who owns it, or by ASG DIGITAL as a result of any infringement of rights, of any terms applicable to the Platform and/or of the current legislation. In the case of ‘pay-per-view’ paid Content or Content sold through the Platform’s messaging channel, such Contents will be assigned to the User who acquires them and will continue to be available to such User for as long as he remains registered on the Platform. In such case, the assignment of rights by the Content Creator is made, in these cases, in perpetuity. Notwithstanding the foregoing, the availability of such Content shall be limited to those Users who have expressly acquired the same through the channel provided for that purpose and in no case may be used, accessed or viewed by the generality of Users of the Platform.
ASG DIGITAL does not intend to use the content generated by the Content Creators and its Users for purposes other than the effective provision of the service and the promotion of the Platform. In this sense, the Content Creator and each User acknowledge and accept that ASG DIGITAL may use, in whole or in part, (i) the free Content, (ii) the Users’ comments, and (iii) the captures and comments associated to the Paid or subscription-based Contents, for purposes of promoting the Platform, developed by itself or by third parties as indicated in the preceding paragraph.
To this end, and without limitation, the aforementioned license shall expressly include the hosting of the Contents on ASG DIGITAL servers (or those of the third party that ASG DIGITAL hires for this purpose), as well as for its making available on the Platform in accordance with their nature and mode of access that was configured for the Content in question.
In turn, each User or Content Creator shall obtain a limited right to view the contents within the Platform, granted by the owner thereof, for as long as they are available in the same. Access to the Platform does not entail any assignment of rights over them beyond what is expressly provided for in this paragraph. In particular, copying, downloading or any other exploitation of the contents other than viewing within the Platform is prohibited.
Each Content Creator or User acknowledges and warrants to be the owner of all rights to the content posted on the Platform, and that such contents are fully compliant with law and do not infringe or impair the rights of third parties, including image rights, nor will involve any additional cost and/or expense for ASG DIGITAL, and guarantee that the User or Content Creator in question is entitled to freely dispose of them. Each User and Content Creator also guarantees that the content they publish is not confidential or harmful to third parties.
Each Content Creator or User acknowledges that it assumes all liability, holding ASG DIGITAL harmless, for any communication provided personally or on their behalf, with such liability extending without restriction on the accuracy, legality, originality and ownership of the same.
8.3. Notification of infringements
If the User suspects or is informed of the existence of any illicit or illegal content, including content that could infringe intellectual property rights of third parties, he/she must notify ASG DIGITAL through the following email address in order to take the appropriate measures:support@loverfans.com
Likewise, if a User considers that the Platform infringes their own intellectual property rights, or any other rights, they must email ASG DIGITAL at the address indicated above, with the following information:
identification of the User and, in the case of a legal entity, its representative, including contact information;
relevant documentation supporting the request, identifying the holder of the infringed rights;
detailed list of the rights that have allegedly been infringed by ASG DIGITAL or by any of the Users, as well as their exact location within the Platform;
express and responsible statement that the content has been used without the consent of its owner.
9. LINKS
It is strictly forbidden to establish links to the Platform from other websites or digital channels that contain materials, information or illicit, illegal, degrading, obscene and which, in general, contravene the laws, morality or public order, or generally accepted social norms.
ASG DIGITAL does not have the power or human and technical means to know, control or approve all information, content, products or services provided by other websites that have established links to the Platform.
Therefore, we do not assume any liability for any aspect relating to the websites that establish such a link to the Platform; specifically, but not limited to, on its operation, access, data, information, files, quality and reliability of its products and services, their own links and/or any of its contents in general.
In any case, ASG DIGITAL reserves the right to prohibit links to the Platform and to demand their removal when they do not meet the conditions required in this section
10. RESPONSIBILITIES, LIABILITY AND WARRANTIES
The User agrees to comply with their legal and contractual obligations generated by virtue of this document and shall be liable for any infringements in which they have personally incurred, holding ASG DIGITAL harmless against any error, fault or negligence not attributable to him/her, as well as for any damages arising from such infringements or errors
ASG DIGITAL cannot guarantee the reliability, usefulness, timeliness or accuracy of absolutely all information and / or services on the Platform, especially those that are provided or published by third parties.
Consequently, ASG DIGITAL does not guarantee and shall not be liable for:
Notwithstanding the above, ASG DIGITAL has adopted all necessary measures, within our possibilities and the state of the art, to ensure the operation of the Platform and minimize system failures, both from a technical perspective, and in connection with the contents published by us on the Platform.
In this regard, ASG DIGITAL cannot guarantee the reliability, legality and usefulness of the contents provided by third parties through the Platform, and consequently shall not be liable for them. This also applies to information contained on other platforms or websites that are linked from the Platform. We are not liable for any damages that may arise from the use of such information. If the User becomes aware of the existence or publication of any inaccurate, outdated and false information, or the existence of any content that is illegal, illicit, contrary to the law or that could involve an infringement of the rights of third parties (including, without limitation, intellectual property rights, the applicable regulations on the protection of personal data and/or any other right), the User must immediately notify ASG DIGITAL through the contact channels provided on the Platform so that we can take the appropriate measures.
11. USER ASSISTANCE
For any queries, complaints or suggestions, ASG DIGITAL offers a user support service to our Users, available through the following contact channels:
Telephone: +35797641259
E-mail: support@loverfans.com
Telephone service is limited to the following schedule:
M-F: 9:00 - 18:00 CET
We will make our best efforts to respond to complaints or inquiries received in the shortest possible time.
12. CONFIDENTIALITY AND DATA PROTECTION
In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC, and the Cyprus Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights, all personal data provided by the User during their use of the Platform will be processed in accordance with the provisions of the Privacy Policy, which the User must read and, where appropriate, accept
13. MISCELLANEOUS
The headings of the different clauses are merely informative and do not affect, qualify or encourage the interpretation of this Legal Notice.
All the clauses or matters in this Legal Notice must be interpreted independently. In the event that any clause is declared null by judicial or arbitral resolution, the rest of the clauses shall not be affected and will remain in full force and effect. The null clause will be replaced by another that preserve the effects pursued by this Legal Notice.
The User acknowledges and agrees that ASG DIGITAL may modify the terms and conditions set forth herein, in whole or in part, at any time. Changes will be posted on the Platform in a manner similar to that in which this Legal Notice is available. If you breach the terms of use applicable to the Platform, we reserve the right to suspend or restrict your use of the Platform, including termination of your User account without notice, and such actions shall not entitle you to any compensation from us or our suppliers.
14. GOVERNING LAW AND JURISDICTION
This Legal Notice, the Platform and the use that Users make of it are governed by the applicable Cyprus legislation in force at any given time
However, in case of controversy, action or claim between our Users and us, the current regulations will determine the laws that govern the relationship between the parties and the corresponding valid jurisdiction. In this regard, provided that such regulations provide for the possibility of submitting to a particular jurisdiction, for any dispute, controversy, action or claim related to the services we provide through the Platform, Cyprus law shall be applicable at the time of the dispute, and the Courts of the city of Limassol shall hear such matter, expressly and voluntarily waiving any other jurisdiction, unless otherwise provided by mandatory legal provision.
To file complaints regarding the use of our Platform, the User may contact us by mail at the email or physical address indicated in this Legal Notice for this purpose. We undertake to seek at all times an amicable solution in case of conflict.
ASG DIGITAL LTD
Online payment service provided by:
Artemisa 3000 Tech Solutions S.L.
B88466743
Calle O’Donell 18 5H. 28007 Madrid
soporte@loverfans.com
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