1. Record Keeping Requirements

2. Age Verification

The Creator represents and warrants that they are at least eighteen (18) years old or at least the age of majority in their jurisdiction or place of residence, whichever is higher. The Creator also represents that the jurisdiction from which they access the Website does not prohibit the subject matter of this Agreement.

3. Compensation

The Creator acknowledges that they will be responsible for setting the price for every subscription and Content that it makes available through the Website. The Creator agrees that the Operator will compensate them for every subscription with an amount equal to 50% of the price. Furthermore, the Creator agrees that the Operator will compensate them for every Content purchased by the Users with an amount equal to 50% of the price. Moreover, the Creator agrees that the Operator will compensate them with an amount equal to 50% of the tip received by any other User (the “Compensation”). The Compensation shall be paid in accordance with the Operator’s standard practices as may be established or modified from time to time. The Operator may require the Creator to complete certain tax documents and may withhold all Compensation accrued until such time as the Creator submits these documents to the Operator. The Operator may suspend the Creator’s use of the Website until such time as the Creator submits the required documents. The Operator assumes no responsibility for paying any taxes, banking commissions, or currency fees on the Creator’s behalf, and the Creator agrees and acknowledges that they assume complete and sole responsibility for any taxes, banking commissions, or currency fees owed as a consequence of the Creator’s appearance on the Website and the Compensation.

The Creator acknowledges that the Operator does not guarantee that any subscriptions, purchases of Content, or tips will be received by the Creator at any time and that all subscriptions, purchases, and tipping are optional to users of the Website.

Inactive accounts: If a period of inactivity is detected on the Creator's account, exceeding 6 months, then the Operator reserves the right and at its sole discretion to terminate the Creator's right to use the Website. In such a case, the Creator hereby expressly accepts, agrees, and acknowledges that any remaining balance in the Creator's account will be abandoned and cannot subsequently be recovered. For the avoidance of any doubt, if the Creator does not log in to the account for a period of 6 months, their account will be categorized as inactive.

The Operator will deduct and withhold from any amounts mentioned in this Agreement which are payable to the Creator, such amounts as the Operator is entitled or directed to deduct and withhold or is required to deduct and withhold with respect to such payment under the provision of any applicable laws (including Value Added Tax) and remit such deductions and withholding amounts to the appropriate governmental entity.

The Creator shall comply with all applicable laws and regulations in relation to the Prevention and Suppression of Money Laundering and Terrorist Financing.

The Operator may engage its Affiliates or third-party companies for the payment of the Compensation owed to the Creator by the Operator. For the purposes of this Agreement, the term "Affiliate" shall mean any entity, individual, firm, or corporation, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control with the Operator.

Payment of the Compensation shall only be made if the minimum payout amount has been reached. Depending on the then available payment methods, the amount of the minimum payout may vary per payment method. Any amount below the minimum payout amount will be carried over until the minimum payout amount has been reached and will be paid on the next following payment date.

The Creator confirms and agrees that any breach or violation of Terms and Conditions by the Creator will result in the account of that Creator being blocked by the Operator, and any outstanding Compensation shall be withheld by the Operator and shall not be paid to the Creator, and the Creator shall not have any claim in relation to such outstanding Compensation.

Notwithstanding anything in this Agreement to the contrary, the Operator, in its sole and absolute discretion, has the option from time to time to change the scheme of the Compensation, including but not limited to, the method of calculation of the Compensation. At least seven (7) days prior to the change of the scheme, the Operator shall notify the Creator of such change. The Creator shall have the right to reject such change by providing a written termination notice for this Agreement to the Operator at least three (3) days before the change becomes effective. If the Creator continues to appear on the Website, following the 7 days’ notice given by the Operator, then it shall be considered as full and unconditional acceptance of the amendments by the Creator.

The Creator has the option to choose the account that they will receive the Compensation. If the account is under the name of a third party or if the account is a joint account, then the Operator at its sole discretion may request identification documents for the third party and/or joint owner. If the Creator fails to provide such identification documents, the Operator may not process the payment of the Compensation with no further liability to the Creator.

4. Contractual Relationship with Studio

The Creator hereby acknowledges and agrees that if they have a contractual relationship with an operator of a model studio (the “Studio”), and the Studio has referred the Creator to the Website for the Creator to appear on the Website and such Studio has a contractual relationship with the Operator, then the Compensation shall be payable by the Operator to the Studio. The Creator further acknowledges and agrees that any portion of the amount of such Compensation payable by the Studio to the Creator shall be made in accordance with the contractual relationship between the Creator and the Studio and the Creator shall not have any claim from the Operator in relation to such Compensation. Lastly, the Creator shall provide the Operator with evidence of such a contractual relationship with the said Studio if the Operator requests it for any legal purpose.

5. Acknowledgement and Waiver; Explicit/Sexual Activities.

The Creator hereby grants to the Operator the full rights and license to use the Licensed Data, the Creator’s likeness, performance, and any other Content, expression, or otherwise arising from the Creator’s appearance on the Website, including, without limitation, the following perpetual rights: (i) to photograph or otherwise reproduce all or any part of the Creator’s performances, acts, poses, play, and appearances of every kind and nature made or done by the Creator in connection with the Creator’s appearance; (ii) to record or otherwise reproduce the Creator’s face and all facial expressions, body, and all body movements, voice, and all musical, instrumental, or other sound effects produced by the Creator in connection with the Creator’s appearance on the Website and reproduce, issue, sell, and transmit the same; (iii) to exhibit, sell, assign, transmit, and reproduce and license others to do the foregoing, whether by means of, without limitation, motion pictures, still camera photographs, radio, television, televised motion pictures, video discs, video cassettes, video tapes, printing, or any other means now known or unknown of the Creator’s appearance on the Website; (iv) to use the Creator’s appearance on the Website in connection with the advertising and exploitation of the Website; (v) to use the Creator’s appearance on the Website, or any part thereof, as a portion of a motion picture or other work other than the Production, and the Shared Personal Data and for the advertising thereof, and in connection with the sale of any by-products or merchandise relating thereto, and to reproduce and/or transmit the same by and in any media; (vi) to cut, edit, add to, subtract from, arrange, rearrange, shorten, and revise the Creator’s appearance and the Shared Personal Data in any manner as the Operator may, in its sole and complete discretion, determine and, from time to time, to change the title of the Website. Without limiting the foregoing, the Creator acknowledges and agrees that they are hereby licensing to the Operator all rights and title to any films, recordings, photographs, and other expressions, and the results of the Creator’s appearance to the Operator (the “Permitted Purpose”).

Without limiting the foregoing, the Creator acknowledges and agrees that they are hereby licensing to the Operator all rights and title to any other custom requests submitted by the Operator including but not limited to photos and videos, for the duration of the present Agreement.

The Creator hereby grants the Operator the perpetual rights to exploit and to license others to exploit, the Creator’s name and biography and reproductions of the Creator’s physical likeness and/or voice for the purpose of advertising and exploiting any product embodying the Creator’s appearance on the Website and the right to use any of the rights herein granted for commercial advertising or publicity (including endorsements) in connection with any product, commodity, or services manufactured, distributed, or offered by the Operator.

The Creator hereby licenses to the Operator, perpetually, all now or hereafter existing rights of every kind or character whatsoever, whether or not such rights are now known, recognized, or contemplated, and the complete unconditional, and unencumbered title throughout the world in and to the results and proceeds of the Creator’s appearance on the Website, and any and all material, works, writings, ideas, gags, characters created or dialogue composed, submitted, or interpolated by the Creator in connection with their appearance on the Website. All of the foregoing, including any copyrights or other proprietary rights therein, are hereby licensed to the Operator.

The Creator grants the Operator the right to use the Creator’s name on the Website, and any other names that the Creator has used in the past or may use in the future, including those which may be trademarked.

The Creator hereby waives any “moral rights” or any analogous rights, however denominated, in every jurisdiction. The Creator agrees that all works created hereunder are and shall be deemed “works made for hire.”

In the event that any rights including any intellectual property rights do not automatically belong to the Operator, and without prejudice to any other right incorporated herein, the Creator irrevocably appoints the Operator to be their attorney in their name and on their behalf to execute documents, use the Creator’s name, and do all things which are necessary or desirable for the Operator to obtain for itself or its nominee the full benefit of any such rights.

The Creator hereby acknowledges, consents, and agrees that the Licensed Data and the Shared Personal Data and any Derivative Works will be:

8,9. Appearance by Third Parties

The Creator shall not permit any third parties to appear naked or otherwise on the Website on the Creator’s account or Content unless such a third party has also been approved to appear on the Website by the Operator in the Operator’s sole discretion.

If the Creator uploads any content showing another Creator, the Creator is solely responsible for obtaining any required licenses or consents from any other Creator of the Content which are sufficient to permit such Content to be uploaded to and made available on the Website.

The Creator agrees that the Operator will only pay the Compensation to the account of the Creator to which the Content is uploaded. The Creator who uploaded the Content is solely responsible for dividing and distributing any revenue generated from the Content between the Creators shown in such Content. Any such revenue-sharing agreement shall be an independent, private agreement between Creators, and the Operator is not responsible for providing or enforcing any such agreements. The Creator understands and agrees that they are not entitled to any Compensation earned on any Content in which they appear but which is posted on another Creator’s account. If the Creator posts Content on their account, the Operator may require the Creator to provide valid and complete legal information for all individuals which appear in the Content. If the Creator fails to provide any information requested by the Operator upon request, the Operator may delete the Content, restrict the Creator’s rights and permissions to post as a Creator, terminate the Creator’s account, and/or withhold all or any portion of Compensation earned but not yet paid out to the Creator.

The Creator will be an independent contractor, and nothing contained in this Agreement will be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture, or any other fiduciary relationship.

The Creator shall not have the right, power, or authority to enter into any obligation, contract, agreement, or undertaking whatsoever, or make any representation, express or implied, on behalf of the Operator.

The Creator shall be fully responsible for and indemnify the Operator against any liability, assessment, or claim including but not limited to the following issues:

The Creator agrees to cooperate with and keep harmless the Operator in the event that a third party brings or threatens to bring a claim against the Operator in relation to the status, acts, or omissions of the Creator. Should any Creator be deemed to be entitled to any benefits or employee rights from the Operator by operation of law or otherwise, the Creator expressly waives all such benefits.

11. Prohibited Actions

The Creator hereby agrees and understands that any acts which promote or facilitate prostitution, solicitation of prostitution, human trafficking, or sex trafficking are strictly prohibited through the Website.

The Creator further understands that any discussion with a user regarding a transaction which involves the use of any other service or method is prohibited and will result in an immediate block of the Creator’s account.

The Creator is prohibited from using the Website to arrange meetings in person with the Users for the purpose of sexual activity for hire.

The Creator hereby agrees and understands that they must always abide by the Terms and Conditions as amended from time to time.

It is strictly prohibited to get involved in any illegal act and/or otherwise violate the Standards.

12. Representations, Warranties, and Additional Covenants

Both Parties warrant to each other that they have the legal right and authority to enter into this Agreement and to perform their obligations under this Agreement.

The Creator warrants to the Operator that:

The use of the Licensed Data by the Operator in accordance with this Agreement will not breach any law or regulation, infringe any person’s Intellectual Property Rights or other legal rights, or give rise to any cause of action against the Operator or any other person in each case under any applicable law and in any jurisdiction; and The Licensed Data are not and have never been the subject of any threatened or actual legal proceedings or formal complaint, save as disclosed by the Creator to the Licensee before the Commencement Date. The Operator warrants that it shall never exploit and/or use the Licensed Data other than the Permitted Purpose stated herein.

The Operator warrants that the Artificial Intelligence System will not be utilized to create social scoring systems that could discriminate against the Creator based on behavior and/or personal characteristics, leading to unfair treatment and/or social exclusion.

Additionally, the Operator warrants that the Licensed Data will not be used for the employment of techniques that aim to manipulate and/or exploit human vulnerabilities, such as by deploying dark patterns and/or misleadingly utilizing the Creator’s emotions and/or information.

The Operator further warrants that any AI-generated Licensed Data, such as audio and/or video and/or other media will not falsely depict the Creator, for reasons other than the Permitted Purpose.

The Creator represents, warrants, and further covenants as follows: (a) The Creator is in good health and has no medical, physical, or emotional conditions that may interfere with their appearance on the Website; (b) The Creator will not be under the influence of any medication or drugs or psychotropic substances that will impair the Creator’s ability to appear on the Website or that may impair the Creator’s judgment while appearing on the Website; (c) The Creator’s appearance is not subject to any union or guild collective bargaining agreement; (d) The Creator is not bound by any agreement or other existing or previous business relationship which conflicts with or prevents the full performance of the Creator’s duties and obligations to the Operator hereunder or the Creator’s appearance on the Website; (e) The Creator’s appearance will not violate or infringe upon any rights of any third party and will not cause the Creator to be in breach or violation of any agreements to which the Creator is a party; and (f) THE CREATOR HAS BEEN FULLY INFORMED AS TO THE SEXUAL AND OTHER NATURE OF THE WEBSITE, THAT THEY ARE VOLUNTARILY PARTICIPATING IN THE PRODUCTION, AND THAT THEY ASSUME ALL RISKS RELATING TO SUCH PARTICIPATION AND THE SERVICES.

13. Remedies Upon Breach

The Creator agrees that any breach of this Agreement by the Creator would cause irreparable damage to the Operator. The Operator shall have, in addition to any and all remedies of law, the right to an injunction, specific performance, or other equitable relief to prevent any violation of the Creator’s obligations hereunder, without the necessity of posting a bond.

14. Release

To the maximum extent permitted by law, the Creator, for themselves and on behalf of their heirs, executors, agents, successors, and assigns, hereby releases, holds harmless, and forever discharges the Operator and its officers, directors, agents, managers, shareholders, members, employees, attorneys, affiliates, representatives, successors, and assigns (the “Released Parties”) from any and all claims, actions, damages, losses, attorney’s fees, liabilities, costs, expenses, injuries, or causes of action whatsoever that in any way are caused by, arise out of, or result from this Agreement, the Website, the Creator’s appearance on the Website, and/or the distribution of the Creator’s appearance, on any legal theory whatsoever, regardless of whether caused by the negligence or willful conduct (or misconduct) of the Released Parties.

The extent of the parties’ liability under or in connection with this Agreement (regardless of whether such liability arises in tort, contract, or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause.

Notwithstanding any other provision of this Agreement, the liability of the parties shall not be limited in any way in respect of the following:

16. Indemnification

The Creator shall indemnify the Released Parties against all liabilities, costs, expenses, damages (including reputational), and losses (including, but not limited to any direct, indirect, or consequential losses), and all interest, penalties, and professional costs and expenses (calculated on a full indemnity basis) incurred by the Released Parties as a result of the Creator’s breach or default in the discharge of their obligations pursuant to this Agreement, the provision by the Creator of any false or misleading information to the Operator, and the enforcement of the Agreement as a result of any action described above.

Indemnity shall be in the form of a sum of money paid as compensation for losses suffered by the Operator.

17. Waiver

Any waiver by the Operator of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach hereof.

18. Severability

If one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to scope, activity, or subject matter so as to be unenforceable at law, such provision(s) shall be construed and reformed by the appropriate judicial body by limiting and reducing it (or them), so as to be enforceable to the maximum extent compatible with the applicable law as it shall then appear.

19. Force Majeure

The Operator shall not be deemed to be in default or otherwise liable for any delay in or failure of its performance under this Agreement by reason of Act of God, fire, natural disaster, accident, riot, act of government, strike or labor dispute, or any other cause beyond the reasonable control of such Party. Performance time shall be considered as extended for a period of time equivalent to the time loss of such delay.

20. Assignment

The Operator shall have the right to assign this Agreement to its successors and assigns and all covenants and agreements hereunder shall inure to the benefit of and be enforceable by the successors of the Operator. The Creator may not assign this Agreement and any assignment by the Creator will be null and void.

21. Entire Agreement; Modifications; Termination

This Agreement represents the entire agreement of the Parties. The Operator may terminate this Agreement at any time. Termination of this Agreement shall only terminate Section 3 of this Agreement, and all other Sections of this Agreement shall continue in full effect. The Operator reserves the right to modify any part of this Agreement, especially in, but not limited to, circumstances where it deems that such changes are necessary in order to comply with any obligations under any applicable laws and regulations. The Creator has the right to terminate the Agreement where they do not agree with any amendments made by the Operator. In the same way, the Operator reserves the right to terminate the Agreement where the Creator does not agree with any amendments the Operator may make.

22. Governing Law; Jurisdiction

This Agreement shall be governed by, and construed in accordance with, the laws of Delaware without regard to its conflict of laws provisions. The Parties agree to the exclusive jurisdiction of the courts in Delaware.

23. Arbitration

Any controversies, disputes, actions, causes of action, or other claims between the Parties arising out of or relating to this Agreement, or the breach, termination, or validity hereof (a “Controversy”) shall be finally settled by binding arbitration before a neutral arbitrator in accordance with the JAMS International Arbitration Rules then in effect. The arbitrator shall be experienced with regard to commercial disputes of the type for which arbitration is being sought. The arbitration shall be before one arbitrator mutually agreed upon by the Parties. In the event the parties cannot reach an agreement upon an arbitrator, then each party shall select an arbitrator and these two arbitrators shall select a third arbitrator and the arbitration shall be before said three arbitrators. The parties agree that the arbitration will be held in Delaware, or in such other places as the parties may mutually agree upon. The arbitration will be held in accordance with and subject to the procedural and substantive laws of Delaware. The arbitrator may enter a default decision against any Party who fails to participate in the arbitration proceedings. The decision of the arbitrator on the points in dispute with respect to such Controversy will be final, non-appealable, and binding and judgment on the award may be entered in any court having jurisdiction thereof. The parties agree that this clause has been included to rapidly and inexpensively resolve any Controversy, and that this clause shall be grounds for dismissal of any court action commenced by any party arising out of or relating to this Agreement or the breach, termination, or validity hereof; provided that nothing in this Section nor this Agreement shall limit any party’s right to bring (i) post-arbitration actions seeking to enforce an arbitration award or (ii) actions seeking injunctive or other similar relief in the event of the breach or threatened breach of any of the provisions of this Agreement. The language used in the arbitral proceedings will be English.

24. Notices

All notices must be in writing. The Operator may send notices to the Creator to the email address that the Creator must provide along with the Creator’s execution of this Agreement. The Operator may also provide Notice to the Creator through the Website. The Creator may send notices to the Operator at info@fanfinity.ai. Notices will be deemed effective upon delivery.

25. Construction

The section headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. As used in this Agreement, the term “including” is illustrative and not limitative. As used herein the masculine form shall refer to the feminine where necessary, and vice-versa.

26. Electronic Signature

The Creator agrees and acknowledges that by checking the box provided, they are intending it to stand in the place of and be equally as binding on them as if they had signed this document manually. The Creator understands that they may retain a paper copy of this agreement for their personal records.

This is the mandatory statement that each Creator must consent to. Through this consent, the Operator is appointed as Personal Data Controller in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

Personal Data: Any data or information relating to an identified or identifiable natural person.

Controller: The entity that determines the purposes and means of the processing of Personal Data. For the purpose of the applicable data protection legislation, Nelex, LLC will be the Controller.

Data Subject: The natural person to whom the Personal Data relates.

Sensitive Personal Data: Personal data about, among other things, biometric and health data, sexual orientation, as well as personal data revealing racial and ethnic origin.

We, as the Controller of your personal data, shall process your personal data during and after your relationship with us.

By entering into this Agreement, you consent, agree, and acknowledge that we shall process your personal data, including special categories of personal data.

We will process your personal data for the purposes of (i) providing our services to you, (ii) providing you with information about us and our services and improving our services from time to time, (iii) complying with any requirements of the law and/or regulation, and (iv) for any other reason described in the Privacy Policy uploaded on the Website as amended.

You have the right to request from us access to and rectification or erasure of personal data or restriction of processing concerning you or to object to processing and to withdraw your consent at any time by notifying us in writing, as well as the right to data portability.

You acknowledge that we shall store your personal data and any records of your dealings with us for as long as your account is active and/or as required under applicable law.

We shall disclose your personal data to Affiliate companies, marketing companies, business partners, IT service providers, and other financial institutions such as payment service providers and banks.

In the event that a transfer of personal data is made to countries located outside the EEA, we shall carry out such disclosure to a recipient (i) who is in a country which provides an adequate level of protection for personal data or (ii) by entering into an agreement in the form of standard contractual clauses adopted by the European Commission.

Further details of how we process personal data, including inter-alia our lawful basis of processing personal data, rights of Data Subject, and information in respect of transfers of personal data, are specified in our Privacy Policy and Cookies Policy available on our Website.

If there is a change in your personal data, you must ensure that this data is updated and accurate by contacting us as soon as possible.

All personal data will be destroyed when not necessary. You can also at any time delete your personal account. Please note that if you decide to close your account, your profile will be deleted, and you will no longer be able to log in, appear on the Website, or be searchable by users. Any and all information in relation to payments will be kept for tax and/or audit reasons as required for us to fulfill our obligations under such regulations, and therefore may still be available to us, and you, therefore, consent to such processing of personal data.

Confidential Information means: