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Terms of Service and Acceptable Use Policy

Effective Date: March 1, 2025

These Terms of Service (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and TopFan, Inc. (“TopFans”, “Company”, “platform”, “we”, “us”, or “our”), concerning your access to and use of the TopFans platform as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “TopFans” or “Service”).

By accessing or using our Service, or otherwise indicating your acceptance, you represent and warrant that you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

1. Changes to Terms of Service

(a) We reserve the right to change the Terms
We can change or replace all of these Terms at any time for any reason.
(b) Terms Changes
Changes will happen from time to time, and it is your responsibility to keep up with them. If we release a change you are not comfortable with, it is your responsibility to stop using the Service.
(c) Continued Use
If you continue to use Service, this is your agreeing to our current Terms
(d) Changes to Service
You acknowledge that Service is constantly evolving, and we may change parts of Service and its functionality from time to time.

2. Accounts

(a) TopFans account is required to use our Service
To access, edit, change, or use our Service, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you must maintain and update your details and any other information that you provide to us.
(b) You must maintain your password
You are responsible for maintaining your password. We do not save or carry that information. If you forget your password, you may reset that at any time on our platform. You agree not to disclose your password to any third-party, and you are responsible for safeguarding the password that you use. You will be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
(c) You must choose an appropriate username
You may not use, as a username, the name of another person (for example, the name of well-known personalities or a name to which you have no connection), brand, or entity, a name that is not lawfully available for use, or a trading name that is subject to any rights of another person or entity, or a name that is offensive, vulgar, or obscene. If issues arise over the use of particular usernames, for example where another person claims that your username appropriates their name, we will consider the circumstances reasonably and may require you to change your username (and we may then reassign your username). If we have asked you to do this and you refuse, we may suspend or cancel your user account. Importantly, and without impacting the above, we do not permit ‘domain squatting’ or ‘domain parking’ or similar, and we may reclaim and reallocate usernames that we reasonably believe have been created for these purposes.
(d) Your responsibilities regarding the use of your account
In our sole discretion, your user account may not be used or permitted to be used in any manner that would compromise the Service or our reputation, violate the rights of others, or otherwise contravene any laws or regulations.
(e) All sales are final
No refunds shall be issued. The only exception is at TopFans’s discretion if deemed fraudulent or misleading, or if a Creator issues a refund directly at their discretion.
(f) Minimum age requirements:
i) You must be sixteen (16) years of age in order to create a Fan account on the platform.
ii) You must be eighteen (18) years of age in order to apply to become a Creator on the platform.

3. Your Content

(a) Your right to post Content
You may post, feature, link, store, share and otherwise make available information, text, graphics, videos, or other material to/on the Page that you create using the Service (Content). You are responsible for the Content, including its legality, reliability, and appropriateness. Where any third-party owns any of the Content, you are also responsible for ensuring that you have all rights (including any licenses) needed to allow you to make available that Content on the Page and the Service.
(b) You grant us a license to use and display your Content
By posting Content to the Service, you grant us the right and license to freely use, publicly display, and distribute such Content on and through the Service and you confirm that you have all third-party rights and licenses necessary to post that Content. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these terms of service. This license also allows us to watermark uploaded Content.
(c) Your responsibilities in posting Content
You agree that
- 1. The Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these terms of service; and
- 2. The posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Further, you agree that:
  - 1. The Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation;
  - 2. TopFans.com is utilized by Fans from different backgrounds and beliefs, therefore the Content submitted by Fans and Creator cannot be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, threatening, harassing, bullying, abusive, liable to incite racial hatred (hate speech), discriminatory, blasphemous, breach of confidence or in breach of privacy. Content must not include nudity, pornography or sexually suggestive or explicit content. This includes bathing, workout or underwear photos and videos, that are sexually suggestive in nature. No content of humans or animals being harmed or mutilated is allowed on the platform. If you have any question that your content could offend other users, you should err on the side of caution, and select the provided “sensitive content” checkbox upon submission, so content shielding techniques will be invoked to protect users who may not consent in seeing this content. In some circumstances, Content which in one country would not infringe the previous requirements, could do so in another country, so we reserve the right to take whatever action we think necessary in such circumstances including removing Content or restricting access to the Service;
  - 3. The Content will not be misleading or deceptive, be intended or designed to misinform, would be likely to misinform a reasonable person, and you will not represent as fact something which is false;
  - 4. The Content will not be unsolicited, undisclosed or constitute unauthorized advertising or endorsements of any product;
  - 5. The Content does not contain software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and the Content does not and is unlikely to bring us or the Service into disrepute.
  - 6. The violation of these terms will result in your account being terminated and you agree to forfeit any monies owed to you by the Company in consideration of this violation.
(d) Keeping records
You agree to keep all records necessary to establish that your Content does not violate any of the requirements of this clause and make such records available upon our reasonable request.
(e) You can’t sell, license, or purchase any account or data obtained from us or our Service.
This includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials or badges of other users; or request or collect TopFans usernames, passwords, email, phone numbers, or misappropriate access tokens.
(f) Our right to monitor and modify your Content
We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time. We may utilize third party AI tools to monitor your Content, including messages sent to and received by other users on the platform, in the interest of identifying inappropriate content. This monitoring activity may result in your account being flagged for review by Company staff and/or suspended.
(g) You accept the risk of public disclosure
You acknowledge and agree that all Content you provide on the Service will be publicly available information and you bear the risks involved with such public disclosures.
(h) We can use your Content to promote the TopFans Service
We may choose to feature your Page and Content—but not your registered trademarks or personal information, unless you agree in writing—on our Website or otherwise to promote the Service. You grant us a royalty-free, worldwide, perpetual license to use such Content for such purposes.

4. Creator Payouts

(a) All payment collection and payouts shall be done through the wallet feature on our platform.
(b) Creators are responsible for maintaining accurate payment details in their wallet, including uploading a valid IRS Form W-9 or W-8BEN, in order to collect payment.
(c) The platform’s various fees and commissions (revenue shares) are listed publicly (http://topfans.com/pricing) and are subject to change without advanced notice. TopFan earns a commission on certain sales you make on the platform, and may also pay referral commissions to other users who referred a Creator. The platform may also hold back funds from disbursement to you for a reasonable period of time while the payment is verified and settled.
(d) To view your transaction history and payouts, please check the “Wallet” section in your profile.

5. Consumer Protection - Fulfillment Period

(a) In order to protect Fans and Creators, the Company will enforce a Fulfillment Period for several different purchase types on the platform. The Fulfillment Period is intended to allow the Creator and purchaser to independently confirm the successful completion of a transaction.
(b) When a purchase has taken place, the Creator must mark the item as “Fulfilled” in their transaction history before the funds will be eligible to be released into the Creator’s wallet. Once the Creator has marked the transaction as “Fulfilled,” the purchaser will then have the ability to independently mark the transaction as “Fulfilled” in their transaction history. Upon the completion of both of these steps, the sale will be considered fulfilled and the funds will then be released to the Creator.
(c) Once a Creator marks an Experience transaction as “Fulfilled,” the purchaser has three (3) calendar days to mark the transaction as “Fulfilled” before the funds are automatically released to the Creator.
(d) Once a Creator marks a Merchandise transaction as “Fulfilled,” the purchaser has ten (10) calendar days to mark the transaction as “Fulfilled” before the funds are automatically released to the Creator.

6. Fraud Protection - Funds Settlement Period

(a) In order to protect against fraud and misuse on the platform, all Creator revenue generated on the platform is subject to a Funds Settlement Period of five (5) business days. The practical implication of this for Creators is that funds from sales on the platform will not be available for withdrawal until the Funds Settlement Period concludes.
(b) The Company reserves the right to modify the Funds Settlement Period at any time. The Settlement Period operates independently of the Fulfillment Period listed above.

7. Giveaways

(a) From time to time, a Creator may offer a “Giveaway” for certain products or services. By entering a Giveaway, you (the Entrant) agree to be bound by these terms and conditions.
(b) All entries must be received by the time stipulated by the Creator, and received via the Giveaway response form. Terms of the Giveaway are at the sole discretion of the Creator. To enter a Giveaway, Entrants should follow the on-screen instructions. Selected Entrants will be chosen by the Creator, and notification is the responsibility of the Creator. The Creator's decision is final. No correspondence will be entered into.
(c) No purchase necessary. Selected Entrants will not be required to pay to enter the Giveaway. To enter the Giveaway through alternative method than the Giveaway response form, please contact the Creator directly.
(d) Entrants must be over 18 years old on the date of their entry, and Creators and Entrants agree they will follow any applicable local laws.
(e) TopFans is not in any way affiliated or involved in the Giveaway. Entrants and Creator agree to indemnify TopFans for any loss or damage related to the Giveaway.
(f) The Creator or TopFans will not be held liable for any failure of receipt of entries. The Creator or TopFans takes no responsibility for any entries which are lost, delayed, illegible, corrupted, damaged, incomplete or otherwise invalid.
(g) To the extent permitted by applicable law, the Creators liability under or in connection with the Giveaway or these terms and conditions shall be limited to the cost price of the Giveaway item in question.
(h) To the extent permitted by applicable law, The Creator or TopFans shall not be liable under or in connection with these terms and conditions, the Giveaway or any item for any indirect, special or consequential cost, expense, loss or damage suffered by a participant even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by the participant Entrant, the Creator or TopFans and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.
(i) Giveaway items are non-negotiable, non-transferable and non-refundable. No cash alternative is available. Where a Giveaway item becomes unavailable for any reason, the Creator reserves the right to substitute that Giveaway item for a Giveaway item of equal or higher value.
(j) If requested by the Creator, the name, address, email address and phone number of the selected Entrant(s) must be provided to the Creator to enable fulfillment of the Giveaway item. At the Creators sole discretion, the selected Entrant’s name may be posted publicly by the Creator.
(k) In the event of unforeseen circumstances beyond Creators reasonable control, the Creator reserves the right to cancel, terminate, modify or suspend the Giveaway or these terms and conditions, either in whole or in part, with or without notice.

8. Intellectual Property

(a) Intellectual Property Rights
We retain all industrial and intellectual property rights throughout the world, including all copyright and analogous rights, all rights in relation to inventions or discoveries (including patent rights), designs, registered and unregistered trademarks (including service marks), trade names, brand names, indications of source or appellations of origin, know-how, software, circuit layouts and all other rights throughout the world resulting from intellectual activity in the industrial, scientific or artistic fields.
(b) No transfer of our Intellectual Property Rights to you
The Service is protected by a trademark. Our trademarks and trade names may not be used in connection with any product or service without our prior written consent. Nothing in these terms of service constitutes a transfer of any Intellectual Property Rights from us to you.
(c) Your limited rights to use the Service
You are permitted to use the Service only as authorized by us (which includes use in accordance with these terms and conditions). As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and upload Content subject to these terms of service.
(d) How the Service must not be used
You must not use the Service in connection with a product or service that is not affiliated with us or in any way brings us into disrepute.
(e) Responsibility for material posted
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.
(f) Your responsibilities in using TopFans Content
If we provide you with any images, icons, video, graphics, or other content (TopFans Content) for you to use in connection with the TopFans Service, you must
- (1) Only use such TopFans Content on your Page and not anywhere else
- (2) Comply with any reasonable written guidelines or terms, which may be the guidelines or terms of a third-party, in relation to the TopFans Content that we provide to you.

9. Liability

(a) We are not liable for damages
You agree that we will not be liable for any damages suffered as a result of using the Service, or copying, distributing, or downloading Content from the Service.
(b) No liability for certain types of damage for breach of contract or tort
In no event will either party be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantages) however it arises, whether for breach of contract or in tort (including negligence), even if the relevant party has been previously advised of the possibility of such damage.
(c) You are responsible for your use of the TopFans Service
You have sole responsibility for adequate security protection and backup of data, Content, and/or equipment used in connection with your usage of the Service and will not make a claim against us for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person.
(d) Indemnity
You will indemnify us against any loss suffered by us that arises out of a breach by you of these terms of service, or a third-party claim made against us in relation to your Content.

10. Third-party services

Disclaimer: The Service may contain (or you may be sent through the Service) links to other websites or content belonging to or originating from third-parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us.
- (a) No endorsement of third-party services
- These services are provided by us on an as-is and as-available basis. We make no representations or warranties of any kind, express or implied, as to the operation of Service. You expressly agree that your use of the Service is at your sole risk. Neither we nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of Service, or that Service will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that Service is free of viruses or other harmful components, or that Service will otherwise meet your needs or expectations. We hereby disclaim all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. Unless we otherwise specifically stated, we do not endorse (or make any warranties or representations in relation to) any third-party product or service, and your use of that third-party product or service may be subject to separate terms and conditions which you are responsible for reviewing and agreeing.
- (c) No refunds
- We do not offer refunds for any amounts you have paid to a third-party.
- (d) Suspension or cancellation of account
- If you do not agree with the third-party terms and conditions, then we may suspend or cancel your user account or limit the relevant functionality.