SPECIAL TERMS AND CONDITIONS

§ 1 Scope; Amendment

1.

The following terms and conditions apply to all contractual relationships between the provider and its contractual partners regarding the use of BestFans as a Creator, even for future business relationships, even if they are not expressly agreed upon again. The current version is decisive. Deviating, conflicting, or supplementary terms and conditions of the Creator do not become part of the contract, even if the provider is aware of them, unless their validity is expressly agreed upon in writing.

2.

In the event of changes to these terms and conditions, the provider will inform the Creator in detail in a timely manner. The amended terms and conditions are deemed accepted by the Creator if they do not object to them in writing to the provider within a period of 4 weeks after notification of the changes.

§ 2 Conclusion of the contract; termination, inactivity

1.

A prerequisite for using BestFans as a Creator is the truthful and complete provision of the data requested by the provider in the registration form for Creators. The provider is entitled to verify the identity of the Creator at any time. In that case, initial or further use of BestFans as a Creator is only permitted after the verification is successfully completed. For this purpose, the provider is particularly entitled to compare photos or videos of the Creator with their identity documents and may request them from the Creator if necessary. The provider may involve or commission third parties for the corresponding verification.

2.

The provider exclusively decides on the admission of a Creator's registration. There is no entitlement to admission to use BestFans as a Creator.

3.

By completing the registration as a Creator and accepting the present terms and conditions – online by clicking the checkbox provided for this purpose – the user makes an offer to conclude a contract for the use of BestFans as a Creator and the associated services. The user will receive timely, but no later than within two weeks after completing their registration as a Creator and, if applicable, completing the identity verification, an email notification from the provider confirming the receipt of their data and, as a rule, the conclusion of the contract (acceptance of the offer).

4.

Both parties – provider and Creator – can terminate the corresponding contract for the use of BestFans as a Creator at any time without giving reasons by written notice (text form sufficient) to the other party. In the event of ordinary termination, the contractual relationship between the provider and the Creator ends when the subscription of the Creator's last follower could the earliest end, but no later than 30 days or one month (whichever is shorter) after termination by the Creator.

5.

From the time of its termination, no new Followers may subscribe to the Creator's content for a fee. The Creator may offer paid content on an individual basis until the time of termination in accordance with section 4 above.

6.

If no follower has subscribed to the Creator's content at the time of termination, the termination takes effect immediately.

7.

The termination, by either party, is also understood as a termination of the Creator's regular account as a user.

8.

Upon termination taking effect (see section 4, clause 2 and section 6), the Creator's account and content on BestFans will be completely and permanently deleted unless the provider has legitimate interests in further storage. Any personal information will generally be deleted upon termination taking effect, unless there are retention obligations or further storage is necessary for the assertion, exercise, or defense of legal claims.

9.

If content produced by a Creator is subscribed to by a follower for a fee, the Creator is obligated to regularly upload new content for the duration of the subscription. The provider is entitled to designate accounts with low or no current activity as such. These are accounts where the Creator uploads few or no new content. With an account marked as inactive, new followers cannot sign up, and ongoing subscriptions are paused. The status is adjusted by the provider when the Creator uploads new content again. The classification of an account with low or no current activity is at the reasonable discretion of the provider, who also considers the price of the Creator's subscriptions (the higher the subscription price, the higher the requirements for an active account). The classification is based on the activity index, which can be accessed here . The provider reserves the right to change the activity index.

10.

If the contract between the provider and the Creator ends, for example due to extraordinary termination, even though the Creator still has followers, the Creator has no financial obligations towards the followers.

§ 3 Pornographic content and content harmful to minors

1.

Creator are also entitled to upload and publish pornographic content and content harmful to minors on BestFans. Uploading criminal content is prohibited.

2.

The required verification of the age of majority, the age verification (AVS), of the Creator's followers is carried out by the Provider at the Provider's expense in case of publication of pornographic content and content harmful to minors.

3.

The Creator must inform the provider before publishing such content so that the provider can make a corresponding classification and labeling in advance and enable the necessary AVS for use by the followers. In addition, when uploading / posting content, the Creator must also mark the contribution as "adult content".

§ 4 Deletion and Moderation of Content

1.

The Creator can independently delete content published by them on BestFans within 30 minutes of uploading it to the Provider's website. Otherwise, the Creator can independently delete only 20% of the currently uploaded content (for example, two out of ten videos). Otherwise, deletion is carried out exclusively by the technical support of the provider, which the Creator can reach, for example, by email at or by phone at +49(0)040-80813090.

2.

With the deletion of the Creator's content, the provider is prohibited from continuing to offer it for purchase by followers. Content already purchased by followers remains available to them even after termination.

3.

If the Creator's content violates laws, the General Terms and Conditions of BestFans, or the Special Terms and Conditions for Creator's, the provider may moderate them in accordance with the provisions in the "General Terms and Conditions for the Use of the BestFans Internet Portal". Additionally, the provider may retrospectively label content that is considered pornographic or youth-endangering by the provider but has not been marked as such by the Creator. Such content is then only visible to individuals who have verified their legal age.

§ 5 Contractual penalty

For each instance of culpable violation of the prohibitions stipulated in § 6, clauses 1 and 2 of the "General Terms and Conditions for the Use of the BestFans Internet Portal" as well as in the event of publishing pornographic and youth-endangering content without prior notification to the provider (see § 3, clause 3 of these Special Terms and Conditions), the Creator forfeits a contractual penalty payable to the provider, the amount of which is determined by the provider at its reasonable discretion and whose appropriateness can be reviewed by the competent.

§ 6 Contractual relationship; prices; commissions; invoicing

1.

In legal terms, the Creator is not the provider or seller of the content uploaded and published by them on BestFans. The Creator expressly allows the provider to offer these contents to the Creator's followers on BestFans, for a fee, on their own behalf and at their own expense (cf. § 5 Clause 1 of the "General Terms and Conditions for the Use of the BestFans Internet Portal").

2.

The Creator is generally entitled to determine the fee for the subscription to their content (period of 30 days or 3, 6, or 12 months) and/or the price of individual content that their follower on BestFans must pay for access to the Creator's profile or for individual content, themselves, possibly within limits set by the provider. Regardless, the provider is free to set lower prices for the subscription to the Creator's content. However, when determining the commission, the provider must use the price previously set by the Creator as the basis for calculation. Furthermore, the provider is also free to set a higher price for the subscription to the content than the price estimated by the Creator. In this case, the higher price is to be used when calculating the commission.

3.

For each purchase of paid content by a follower, the Creator is entitled to a commission from the provider. This commission amounts to 90% of the net prices for access to their profile or the individual prices of the content.

4.

The Creators claim for payment arises upon booking of the respective content by the follower. If a direct debit or credit card charge or payment through another payment service provider fails, the Creator's claim for payment against the provider remains unaffected.

5.

Should the Creator wish to delete or have all content deleted from their fan page despite ongoing subscriptions by their followers (see § 4 Clause 1), they forfeit the right to remuneration for the subscriptions of their followers that are still ongoing at that time.

6.

The provider conducts an evaluation, which the Creator can access at any time in their personal access area under the menu item "Statistics". This evaluation includes the number of followers and the paid content accessed, as well as the commissions attributed to the Creator. Based on this evaluation, the Creator receives from the provider a monthly statement of the commissions attributed to them no later than the 15th of the following month. The resulting amounts are paid within the same period, provided they exceed EUR 25,00. If the Creator's commission claim falls below the limit of EUR 25,00 in a month, this shall be carried forward to the next month and paid out in the month in which the limit of EUR 25,00 is exceeded.

7.

As part of their registration for this area, the Creator must indicate whether they are entitled to input tax deduction in Germany and provide suitable proof to the provider. If this is the case, the commissions are understood to be plus the corresponding value-added tax.

8.

The Creator is solely responsible for the taxation of the commissions earned through BestFans and for remitting any applicable value-added taxes and other taxes (trade tax, income tax, etc.).

9.

The Creator undertakes to write messages to users of BestFans exclusively personally, not through commissioned third parties, automated processes, or similar means. The Creator must perform the owed service personally. If it concerns a service announced as "Livecam," "Livestreaming," or similar, it must be provided in real-time. The Creator must consider the individual needs of the customer and treat them courteously. In particular, the Creator may not replace their service by continuously playing a video recording.

§ 7 Information service

1.

As an existing customer, the registered Creator receives potentially free information from the provider via email to the email address provided by them during the conclusion of the contract or later updates, which may be relevant to their activity as a Creator on BestFans.

2.

The Creator can object to receiving this information at any time and without giving reasons, without incurring any costs. The objection can, for example, be made via email to: or through the special link provided in each newsletter for this purpose.

Date: 05/13/2024