Terms of service

GENERAL CONTRACTING TERMS FOR USERS

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. OBJECT

This document sets forth the terms and conditions (hereinafter, the "Terms") governing the contracting of digital content and/or physical products (hereinafter, the "Contents" and the "Products") offered by content creators registered for such purpose on the platform located at the URL loverfans.com (hereinafter, the "Platform").

By checking the corresponding box during the contracting procedure, as well as following all the steps of such procedure, constitutes the express acceptance of these Terms by the User, being equally valid as their personal, handwritten or digital signature. Thus, the User represents being a person with sufficient capacity to acquire the obligations arising from their actions within the Platform, having previously read and understood the contents herein.

Any matter not expressly provided for in these Terms shall be understood to be reserved to LOVERFANS, without prejudice to any applicable law that may be in force.

Likewise, LOVERFANS reserves the right to carry out modifications and/or updates to these Terms, which shall be previously notified to the User. Upon notification, and in any case, if the User continues using the Platform and contracting Contents and/or Products through the same after the entry into force of such modifications, it shall be expressly understood that the User accepts such modifications and/or updates.

If any modifications and/or updates are accepted by the User, the new Terms shall fully replace the Terms in force up to that moment and shall become effective as of their implementation date.

The contracting process is available in Spanish and English, as chosen by the User through the Platform settings.

3. CONTRACTING CONTENTS AND PRODUCTS

On the Platform, the User can access different audiovisual content (hereinafter, the “Contents”) and physical or digital products (hereinafter, the “Products”) published on the Platform by content creators who are registered herein (hereinafter, the “Content Creator”).

The Contents published by each Content Creator may be available to the User in different modalities, either through payment of the corresponding fee, or free of charge:

• Free Content: published by the Content Creators for their open access by all Platform Users without a need to contract them. Any User (anonymous or registered) can view them, but only registered Users can only interact with these Contents (such as leaving comments or contacting the Content Creator).

• Paid Content: made available for purchase to Users, who may expressly contract them. They can be purchased through the following methods:

  • i: Subscription: Users of the Platform may purchase subscriptions to Content Creators of their choice, which implies that they will be able to access all the Content that the Content Creator has reserved for this modality, without prejudice to the possibility of offering "premium" Content (i.e., exclusive access outside the Subscription Content). Subscriptions are monthly by default, although the Content Creator may set different periodicity (per quarter, per semester and per annum). Subscriptions will automatically renew at their expiration date, on a date-to-date basis, unless the contracting User cancels their Subscription as indicated in Clause 4.2.

  • ii: Individually paid content: Users of the Platform may purchase access to certain paid Content on a "pay-per-view" or “pay-per-access” basis. Said Content will be added to the User's "media library", where they will be able to access it upon contracting it. Contracting each Content under this modality will give the User access to the Content in question, without limitation, until the User unsubscribes from the Platform.

The Products are offered by the Content Creators themselves through the corresponding section within their profiles. The publication of Products for sale at any given time shall remain at the discretion of each Content Creator. These Products may consist of:

• Physical Products: second-hand physical goods that each Content Creator may offer for sale in their respective profile. The price of these Products will be set by the Content Creator and their contracting will be carried out through the procedure enabled in the Platform, making the payment through the system offered by the Platform itself. In case of doubt, the User may contact the Content Creator through the internal messaging system of the Platform

• Digital Products: shall refer to specific digital content that the Content Creator offers on an exclusive basis, apart from those published on the Platform for the generality of Users. These digital Products may be created in a personalized manner for the User who contracts them, and their conditions may be agreed directly between the Content Creator and the User through the private messaging channel of the Platform. LOVERFANS will not assume any role in the negotiations between both parties, notwithstanding that the contract shall be formalized through the Platform by means of the contracting procedure enabled therein

Furthermore, if the Content Creator has enabled this option, the User may interact with each Content Creator through the Platform’s private messaging channel. The use of this channel between the User and a Content Creator may be subject to the payment of a fee for each message sent, the amount of which shall be set by each Content Creator at their own discretion. Such price must be paid by the User at the time of sending each message, using the funds previously loaded in the User's account.

4. PAYMENT AND INVOICING TERMS

4.1. Prices

The price of each Content and Product marketed on the Platform is set by the Content Creator themselves and will be indicated in the profile header of each creator . The price shown does not include Value Added Tax (VAT), which will be expressly added during the contracting procedure.

Regarding the Contents, the final price of each purchase will include all applicable increments or discounts, expenses charged to the User, and additional costs corresponding to technology costs, accessory services, means of payment, etc., if any. All these amounts will be shown to the User in an itemized manner during the contracting procedure, which shall also express the total price.

In regard to the Products, the Content Creators themselves will agree with the User the terms of acquisition of a Product, which implies that the purchase terms may differ from those applicable to Contents and/or published by the Content Creator for general purchases of their Products. However, any flexibility as to such terms will be at the Content Creator’s sole discretion.

4.2. Payment and invoicing

4.2.1. Contents

When the User purchases Contents through the Platform, they shall pay the corresponding price through any of the payment methods available on the Platform at that time.

Once payment has been confirmed, the Platform will send the User an email containing all the information relating to the contract: the purchased Content, its unit price, applicable taxes, as well as the total price of the contract and, in the case of Subscriptions, their duration and the frequency with which payments will occur.

In the case of Subscriptions, the price of the Subscription purchased by the User will be charged in accordance with the periodicity indicated in the chosen subscription plan, up until the User decides to cancel it, which may be done at any time before its renewal date. If you cancel your Subscription, you may continue to access the Contents included in the Subscription until expiration of the then-current Subscription term. To cancel a Subscription, the User must access the "My Subscriptions" section of their profile on the Platform, where they can cancel each Subscription individually by clicking on the "Subscribe/Cancel" button. It will also be possible to cancel active Subscriptions through the payment processing platform www.marketbilling.net our trusted biller, property of ARTEMISA3000 TECH SOLUTIONS, S.L., through which the payments are processed and from whom the User receives the information of each Subscription they acquire.

If at the time of debiting, the User’s payment method is not available or the User does not have sufficient funds for the corresponding payment, successive daily debit attempts will be made for a maximum period of ten (10) calendar days from that date. If, within such period, the charge cannot be made due to lack of funds, the User will be automatically unsubscribed. From the first unsuccessful charge attempt, the User's access to the Subscription affected by the lack of payment will be suspended until the charge has been successfully completed or until the cancellation occurs as indicated, whichever occurs first

If, after such period, the User has not proceeded with the payment, LOVERFANS will terminate the contract, ending said User’s Subscription, without prejudice that, if this situation is recurrent, LOVERFANS may suspend the User's access to the Platform.

Payments will be processed through the platform https://www.marketbilling.net our trusted biller, property of ARTEMISA3000 TECH SOLUTIONS, S.L., which is hosted under an SSL secure protocol and to which the User will be redirected during the contracting procedure. In any case, although this platform will issue the corresponding confirmations, the processing of the User's cards will be carried out by the corresponding external financial entity.

In any case, the contracting will only be effective when LOVERFANS receives confirmation of payment by the bank that owns the secure payment gateway. If the transaction is for any reason denied by that entity, or the full amount corresponding to the total sum of the order (including surcharges for handling fees and bank transfer fees) is not provided, the transaction will be suspended, and the User will be informed that it has not been processed.

4.2.2. Products

Payment of the price that each Content Creator has set for each Product will occur through the Platform, by the means of payment selected by the User from among those offered, although the management of the delivery of the purchased Product will be the sole and exclusive responsibility of the Content Creator. LOVERFANS only intervenes in the contracting between the User and the Content Creator as manager of the Platform where the payment is channeled, but the contracting itself is completely unrelated to LOVERFANS who, therefore, assumes no liability whatsoever regarding said contracting.

5. CONTRACTING PROCEDURE

In accordance with Cyprus law, of July 11, 2002, electronic commerce, contracts entered into electronically shall produce all the effects provided for by law when the consent and other requirements necessary for their validity are met.

In any case, the electronic medium containing the contract concluded by electronic means shall be admissible as documentary evidence in the event of a dispute between the parties.

To these effects, it will be understood that following all the phases of the contracting procedure and the payment of the corresponding Price necessarily implies the provision of the consent required for the contracting.

All information relating to the contracting procedure is made available to Users prior to initiating the contracting procedure, although it shall only apply if the User decides to proceed with the contracting through the Platform.

5.1. Precontractual Information

Access to the contracting process is completely free, without any additional associated cost, apart from those inherent to the User having an Internet connection.

All paid Content and Products available within the Platform are described in their corresponding sections, not being understood to include those items that have not been expressly indicated therein.

The contracting of Content and Products in any mode of contracting as described in section 3 ("Contracting Content and Products") of these Terms must be made by expressly accepting this document and, where appropriate, any specific terms that may be applicable to any Content or Product in particular, in which case it will be specified in the corresponding section.

The contract between LOVERFANS and the User is understood to be perfected from the moment the User completes the contracting procedure by pressing the button << PAY NOW >>. Following all the phases of the electronic contracting procedure and including all the requested data, together with checking the corresponding box relating to acceptance of these Terms, shall be understood as a direct manifestation of the User's will to accept these Terms.

LOVERFANS will file the electronic document in which this contract is formalized. This electronic document will be accessible to the User by e-mail to the address associated with the profile of the User in question and shall include these Terms.

LOVERFANS will introduce adequate and sufficient means to identify and correct technical errors in the management of information, up to the extent of our responsibility.

The language in which the contracting procedure will be carried out, and in which the contract is formalized, will be either Spanish or English, at the User's choice through the Platform’s settings.

5.2. Contracting Procedure

The contracting process for any paid Content or Product is carried out electronically through the Platform. The User’s prior registration within the Platform is required in all cases.

The complete process to be followed by all Users wishing to purchase any Content or Products subject to payment as offered by the Content Creators is as follows:

1. The User must log in to their account and select the Content they wish to purchase (either a subscription to a Content Creator or a specific Content), considering the conditions and prices established by the Content Creator in their profile.

In the case of Products, once the User has viewed and selected the Product they wish to purchase (whether physical or digital), if the User is unsure about the applicable conditions, they may contact the corresponding Content Creator to resolve any doubts the User may have. Such interaction will occur through the Platform’s internal messaging channel, although the eventual hiring and payment will be carried out via the Platform’s technical means.

2. Once this has been completed, the electronic purchase process must be initiated by clicking on the corresponding button.
3. To proceed with the payment, the User must enter the data relating to the available form of payment that the User wishes to use (in case that there is more than one). At no time LOVERFANS nor the Content Creator will have access to the User's bank details, which will be managed directly by the corresponding banking entities in the payment gateway

In addition, in the case of acquisition of Products, the User must provide the data requested, which will include in any case name, surname, email and address. The data relating to shipment of the purchased Product shall be provided directly to the Content Creator through the Platform's private messaging channel.

4. Before confirming the purchase, the User must read and expressly accept these Terms by checking the appropriate box provided for this purpose.
5. Once the purchase is completed, a confirmation screen will be displayed. The User will automatically receive an e-mail confirming that the purchase has been successful. Said e-mail will describe the purchase, as well as its characteristics (price, duration of the subscription, if applicable) and complete details of the person processing the purchase. This document will serve as evidence in the event of a claim. If the User does not receive such email, they should check the "junk mail" or "spam" folder and, if not found in that section, the User should contact LOVERFANS as soon as possible
6. The User may manage their active subscriptions in the control panel of their user account on the Platform, through which, upon identification, they may cancel any one of them as appropriate. The User will receive detailed information of each purchase by email, but it can also be accessed in https://www.marketbilling.net, the platform through which payments are processed.
7. In the case of Content, the purchased Content will be available to the User from the moment the corresponding payment is processed.

In the case of purchase of Products, physical or digital, for which delivery requires an action by the Content Creator, LOVERFANS will transfer the information related to the purchase to the corresponding Content Creator so that they can, where appropriate, manage the delivery of the purchased Product, whether this should be done electronically (in the case of Products of a digital nature) or via postage (in the case of Products that constitute physical goods). To this end, the User must provide the Content Creator with their shipping data (telematic or postal) to manage the shipment or delivery, as described in the following section ("Delivery")

6. DELIVERY

Once the corresponding payment confirmation has been received, the Contents or Products acquired by the User will be delivered as follows:

• Contents: the Contents that the User acquires as part of a Subscription or under a pay-per-view or pay-per-access mode will be automatically enabled for viewing by the User in the corresponding Content Creator profile in the case of subscription, in the "My Purchases" section of their user account in the case of individual purchases of contents (PPV/PPA) within the User's own profile or in the history of files exchanged through the instant messaging system if the Content has been purchased and/or delivered through this means. In the case of exclusive Content made specifically for the User, it will be delivered by the Content Creator through the means agreed upon by the User and the Content Creator at the time of agreeing on the characteristics of such exclusive Content via the internal messaging channel.

• Products: Products that a User may purchase from a Content Creator will be delivered by such Content Creator to the address (postal or e-mail, depending on the nature of the purchased Product) that the User has indicated for this purpose in the contracting procedure.

In the case of digital Products (e.g., photo or video packs), they will be delivered via email or private message on the Platform.

In the case of physical Products, their delivery may be limited to certain territories. To determine whether a physical Product is available for shipment to the User's address, the system will use the country associated with the User's profile (indicated by the User during the registration process). If available, the purchase of such Product will be enabled for the User and, if selected, the User will be redirected to check out to pay the price of the Product, to which the corresponding shipping costs will be added depending on the country to which the Product is to be shipped. Once the payment has been made, the Content Creator will contact the User through the Platform's private messaging system to agree on the address to which the purchased Product should be delivered.

If delivery to the User's country is not available, the User will be invited to contact the Content Creator directly to arrange a possible sale and delivery of the Product.

7. RIGHT OF WITHDRAWAL

The User acknowledges and accepts that, given the nature of the goods and services offered on the Platform, there will be no right of withdrawal in their favor in accordance with the provisions of the Cyprus, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.

Regarding the Contents:

1. In Subscription or Pay-per-Content modality: Access to the Contents will be automatically enabled, which implies that execution of the contract will begin from the moment the payment is made and, consequently, there will be no right of withdrawal.
2. Custom Contents made for the User: there shall be no right of withdrawal.

On the other hand, with respect to the Products that may be offered by the Content Creators and that are acquired by the User:

• Digital Products: unless the Content Creator agrees otherwise with the User or offers other conditions, there will generally be no right of withdrawal with respect to Products of a digital nature, on the same terms as indicated in the preceding paragraphs for Subscription, Pay-per-Access or Custom Content;

• Physical Products: given its nature, there will be no right of withdrawal for the User for reasons of health protection and hygiene.

8. RETURNS AND REFUNDS

By default, the User shall not have the right to request any refund or reimbursement for purchases made on the Platform, except in the case of duplicate charges by the payment gateway. LOVERFANS will evaluate each case individually.

To request a refund in appropriate cases, the User must email support@loverfans.com providing all information relating to the undue charge and providing evidence from their bank account, such as duplicate payment. LOVERFANS will resolve these claims in less than 7 days from the last communication.

If LOVERFANS approves a refund, it will be made to the same card from which the purchase was made by the User, within 10 working days from confirmation of the refund. No refunds will be made by other means, such as checks or cash.

9. USER RESPONSIBILITIES

The User shall be responsible for:

1. Any act that contravenes the content of these Terms and/or any other conditions in force on the Platform, the law, morality, customs or generally accepted social norms and public order
2. Any damage or loss that may result from misuse, negligence or breach by the User in their use of the Platform and/or the Content or Products, including, but not limited to, these Terms, applicable law and/or any instructions, guidelines or recommendations made by LOVERFANS.
3. The accuracy and completeness of the information provided by the User in accepting and executing the Terms
4. Compliance with these Terms, including the payment of the corresponding Prices.

The User agrees to indemnify, defend and hold LOVERFANS harmless, including its officers, directors, shareholders, successors, affiliates, employees, agents and representatives, from and against any costs, claims, demands, liabilities, expenses, losses, damages, including attorneys' fees, arising or resulting from the use of the Platform and the Content and Products purchased through the Platform by the User. The User also agrees to indemnify LOVERFANS for legal fees incurred by the latter, acting reasonably, in the investigation or enforcement of its rights under these Terms

10. LOVERFANS’ LIMITED LIABILITY

The User acknowledges and accepts that LOVERFANS’ only liability with respect to the contracts that Users make through the Platform will be in relation to the management of the same and the intermediation in the payment of the Contents and Products.

In this regard, in addition to what is described in the Legal Notice, LOVERFANS is not liable for:

• The Content published by the Content Creators on the Platform, including all the elements and components that integrate them;

• The Products that the Content Creators may offer for sale through the sections enabled for this purpose;

• The management, execution and delivery of contracts made by the User directly with a Content Creator, for example, for the purchase of a Product, including, among others, the management of the shipment in the case of physical Products;

• The content of messages that may be exchanged by the User with Content Creators.

LOVERFANS cannot guarantee the reliability, lawfulness and usefulness of the contents published by third parties through the Platform, including but not limited to the Contents themselves and any other contents, information, texts (e.g., comments), among others, and consequently shall not be liable for them. This also applies to information contained on other platforms or websites that are linked to from the Platform. LOVERFANS is not liable for any damages that may arise from the use of such information. If the User becomes aware of the existence of any content that is illegal, unlawful or infringing upon the rights of third parties, they must immediately notify LOVERFANS so that appropriate measures can be taken.

If the User becomes aware of the publication of any inaccurate, outdated or false information or of the existence of any illicit, illegal or unlawful content, or content that could involve an infringement of intellectual property rights, applicable regulations on the protection of personal data and/or of any other right, they must immediately notify LOVERFANS so that we can proceed to adopt the appropriate measures.

11. TERM AND TERMINATION

These Terms shall enter into force between LOVERFANS and the User from the moment the User expressly accepts them by checking the corresponding box during the contracting procedure of any Content or Product that is subject to payment as available on the Platform, and shall remain in force as long as the User continues to make use of any such Content or Products, until terminated by either party in accordance with the terms hereof.

However, certain provisions hereof are expressly or impliedly intended to continue in effect after termination or expiration, thus they shall remain in effect and continue to be enforceable against the User in accordance with their terms even when these Terms are no longer in effect.

The User acknowledges that the contracting of certain Contents and the acquisition of Products entails the payment of the corresponding Price, which will depend on the type of contracting selected (subscription, PPV or purchase). Failure to pay the corresponding Price will mean that the User will not have access to the selected Content or Product, thus the User may only access those who have been effectively paid, in addition to any Content that is made available for free on the Platform.

Additionally, the User acknowledges that these Terms may be terminated early and, therefore, any Subscription, Purchase or Acquisition in force may be revoked in the following circumstances:

• Termination for convenience. The User may terminate the contract at any time prior to the expiration of a billing period. If termination occurs halfway during any billing period, the User may consume the remaining term of his Subscription until the expiration of the corresponding Subscription Period.

• Termination due to breach. LOVERFANS may terminate the contract in case of breach of these Terms by the User and, in particular, in case of delay in the payment of the Price of any Content or Product contracted by the User, notwithstanding that LOVERFANS, in its discretion and taking into account the nature of the breach, may grant the User a maximum period to remedy the breach. LOVERFANS reserves the right to suspend the User's access to the Platform (or any affected Content) during the cure period. In any case, such termination will not exempt the User from paying the Price that would have been pending payment

• Termination due to improper us. LOVERFANS may suspend or terminate the contract with a User in the event of actual knowledge of misuse or use that is contrary to the provisions of these Terms, as well as in the case of receiving a notice or notification by which LOVERFANS is informed that any use by a User may constitute a criminal or unlawful activity under the laws in force in Cyprus or in the User’s country of origin.

• Termination due to interruption or suspension of the Platform. In the event that LOVERFANS decides to interrupt or suspend the activity of the Platform, we may terminate the contract.

12. CONFIDENTIALITY

LOVERFANS may access confidential information shared by Users, in order to provide the services of the Platform and/or manage the contractual relationship with them. In the event that this occurs, we undertake to: (i) use the confidential information received solely and exclusively for the fulfillment of these Terms and the provision of the contracted services; (ii) strictly keep the secrecy of confidential information, avoiding its disclosure or provision, in whole or in part, to any third party without the prior and express consent of the User; (iii) treat the confidential information with the utmost discretion and use it solely and exclusively in connection with the provision of services; (iv) implement the security measures reasonably necessary for the purpose of complying with this clause

The above confidentiality obligations shall not apply with respect to information that: (i) is in the public domain or was made public by the User; (ii) was lawfully obtained from third parties by LOVERFANS without restriction for its disclosure; (iii) was developed independently and legitimately by LOVERFANS; and (iv) was required by a judicial or administrative authority in the exercise of its competence and only to the extent that the disclosure of the information was necessary to comply with that requirement.

13. MISCELLANEOUS

The headings of the different clauses are merely informative and do not affect, qualify or encourage the interpretation of these Terms.

All the clauses or matters in these Terms 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 document

LOVERFANS 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 these Terms are available and, in the case of affecting current Subscriptions or Contracts, by email.

14. GOVERNING LAW AND COMPETENT JURISDICTION

These Terms, including the use that the User makes of the Platform and the Content and Products offered on it are governed by the applicable Cyprus legislation in force at any given time.

In case of controversy, action or claim that may arise in relation to the interpretation and application of these Terms, the User and LOVERFANS submit to the exclusive jurisdiction of the Courts of the city of Limassol (Cyprus) with express and voluntary waiver of any other jurisdiction, unless otherwise provided by a mandatory legal provision.

In any case, the User may resort to the Consumer Redress in the EU platform, which provides access to a directory of consumer dispute resolution bodies in EU Member States and helps consumers find assistance with commercial disputes, through the following link: