Terms of Use


By using our website you agree to these terms.
These are our terms of use, and they apply to all users of the ActualFans platform. “We,” “our” or “us” refers to ActualFans. "actual.fans, actualfans.in", or any other website domain which is mapped to our services refers to this platform and the services offered by us.
By using ActualFans you agree to these terms and to the other policies we post. Please read them and let us know if you have any questions. For information about our data practices, please see our Privacy Policy. We can collect and use your information in accordance with those policies.

Your account

You must be at least 18 years old to register for an account. You are responsible for your account. When you create an account you must provide us with accurate information.
To join a creator’s membership as a subscriber, or provide membership as a creator, you must be at least 18 years old or have your parent’s permission.
You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us immediately if you believe your account is compromised.

Abusive conduct

You are responsible for all activity on your account. If you violate our policies we may terminate your account.
Don’t do anything illegal, abusive towards others, or that abuses our site in a technical way. If you are a creator raising funds on ActualFans, we may be held accountable for what you do with those funds. As a result, we also look at what you do with your membership off our platform.
You can find more detailed information in the Platform Guidelines .

All about being a creator or artist

To become a creator simply launch your page to start your membership, personalized services or live shows. These services are for your most passionate fans. You’re inviting them to be part of something exciting that gives them unique benefits they want, like additional access, merchandise, exclusivity, and engaging experiences. In exchange, subscribers pay for availing these services .

Your creations

You keep full ownership of all creations that you offer on ActualFans, but we need licenses from you to operate ActualFans effectively.
By posting creations on ActualFans you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your creation. The purpose of this license is strictly limited to allow us to provide and promote memberships to your subscribers. We will never try to steal your creations or use them in an exploitative way.
You may not post creations that infringe others' intellectual property or proprietary rights.
subscribers may not use creations posted by creators in any way not authorized by the creator.

Payments

As a creator you make your services available on ActualFans.
We provide you payment solutions and also help you with the issues such as fraud, chargebacks and resolution of payments disputes.
We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We may also block or hold payments for violations of our policies or for compliance reasons. When payments are delayed or blocked we try to communicate the reason to you promptly. If you have questions about a payments block, please reach out to us. In order to protect creators, we may block subscribers’ payments if we believe them to be fraudulent. Sometimes activities like refunds can put your account balance into the negative. If your balance becomes negative then we may recover those funds from future payments.

Fees

As a creator you are charged on your earnings from your ActualFans website. We charge a platform fee of 30% for any transactions made on ActualFans. The fee structure can change/modified based on a mutual agreement between the creators and ActualFans. An official email confirmation is needed from our official email id(connect@actualfans.in) to confirm any modification in the fee structure .

Restrictions

We don’t allow creations and benefits that violate our policies. You can learn more by visiting our Platform Guidelines and Content & Creation Guidelines. A summary of those rules is that we don’t allow to host, display, upload, modify, publish, transmit, update or share any information that:


If your fans include people under the age of 18, then please remind them that they need permission from their parents to join your membership or buy any services. We are not required to allow any particular person or group of persons to be your subscriber.
As a creator, you are also responsible for keeping subscriber's data safe.
An account is tied to your creative output and cannot be sold or transferred for use by another creator.

ActualFans’s role

We function as a platform connecting creators with their fanbase to help them earn from their creations. Our role strictly is of an intermediary between creators and their subscribers. We have 100% belief and trust in Indian laws governing the intermediary and we follow them strictly. Here are the terms that we intend to follow while operating our platform which does not allow any creator on ActualFans to post the content which :
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We proactively look at some profiles and posts on ActualFans and review reported pages to identify potential violations of our guidelines.

We proactively look at some pages and posts on ActualFans to make sure creators follow our Platform Guidelines and Content & Creation Guidelines. We also investigate reports of potential violations. These investigations may take a while to resolve and may include looking at what is supported by funds received through ActualFans.

In most situations we will work with creators to resolve any potential violations and allow the creator to continue using ActualFans. Terminating accounts is not an action we take lightly and is done in only the most extreme cases.

Please let us know if you see potential violations of our Platform Guidelines. You can learn how to report them here.

All about being a Subscriber or Fan

In certain situations you may lose access to a creator’s subscriber-only posts and benefits. These include when you cancel your membership subscription, your payment method fails, the creator blocks you, or the creator deletes their account. We are not required to allow you to be a subscriber of any particular creator.

Creators’ memberships vary and we have limited control over the quality and specific offerings. We attempt to screen for fraudulent creator pages, but cannot guarantee the identity of creators or the validity of any claims they make. We appreciate your help reporting suspicious creator pages so we can keep ActualFans safe.

You are not allowed to download, share, screen-record, take screenshot or distribute any content on our platform by any means. By doing so you will be violating our terms of use.

Cancellation Policy

Refund Policy

No Return Policy
As our Artists sell only Digital Content, we have a no-return policy. It means once a customer has purchased a Video, Photo or any form of digital document, it cannot be returned or ask a refund for that.

Account deletion

You can delete your account by sending an email to us connect@actualfans.in. We can disable your account at our discretion.
We can terminate or suspend your account at any time at our discretion. We can also cancel any membership subscriptions and remove any descriptions, posts or benefits at our discretion.
You may not bring a claim against us for suspending or terminating another person’s account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys fees and costs.
These terms remain in effect even if you no longer have an account.


Indemnity

You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of ActualFans. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will help us in our defense.
Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

You agree to defend, indemnify and hold harmless Actual Fans, its officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, contractors and other applicable third parties (collectively ‘Indemnified Parties’) from and against any and all claims, demands, damages, obligations, losses, liabilities, causes of action, costs or debt, and expenses (including any legal fees) arising from: your use of and access to the App; your violation of any of these terms;
your violation of any third party right, including any intellectual property right or privacy right; the committing of any of the prohibited activities as stated here; your failure to be in compliance with applicable law, including tax regulations; orany claim that your use of the Service caused damage to a third party.

Warranty disclaimer

ActualFans is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law.
The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third party service providers.

Limit of liability

In no event shall Actual Fans, its officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, or contractors be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether Actual Fans has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of, or access to, the Service or Services.

In no event shall Actual Fans’s total cumulative liability to You in connection with the Services for all damages, losses, and causes of action, arising from or relating to these terms and conditions exceed the net fees Actual Fans has actually received and retained from your valid transactions during the three (3) month period immediately preceding the date of the claim.

Electronic Signatures.

Any affirmation, assent, or agreement you send through the Website will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your finger, mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

Governing law

The App, the Services, all your transactions with the App, and our relationship shall be governed by the laws of India, without regard to conflict of law principles. You agree that all claims, differences and disputes which we may have shall be subject to the exclusive jurisdiction of the competent courts located in Bhubaneswar, Orissa.

Everything else

These terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.
We may sometimes make changes to these terms and policies. If we make material changes that adversely affect your rights, then we will let you know before the changes come into effect. Continuing to use ActualFans after a change means you accept the new terms or policies.
If you use accessibility tools and have questions or concerns, please contact us at connect@actualfans.in