Terms of service ‘Models – Producers’

These terms of service (“Terms”, “Agreement”) are an agreement between “ero-fantasy.com”, “us”, “we” or “our”) and you (“Model-Producer”, “vendor”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the http://ero-fantasy.com website and any of its products or services (collectively, “Website” or “Services”). By singing up for to become a ‘Model – Producer’, you acknowledge that you fully understand and agree with our  Terms & Conditions. You agree that it’s your responsibility to periodically check these Terms & Conditions to see if there are any changes. You agree that you are fully responsible to comply with your local laws. If you do not agree with these Terms & Conditions, you are prohibited to use our site.

Registering as ‘Model-Producer’

You must be at least 18 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account at the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you or other people using your account, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet Protocol address to prevent further registration.

All ‘models – producers’ who wish to sell their content on ero-fantasy.com must comply with 2257 regulations before being allowed to open a store. As defined in 18 U.S.C. 2257, the owners, webmaster, staff of ero-fantasy.com are not considered the producers of the sexually explicit content appearing on the site. By opening a store, ‘models – producers’ accept that they will act as Custodian of Records for the content they produce and upload. In case they work with guest models / actors / actresses, the store owner (=’Model – Producer’) is responsible to comply with the 2257 record keeping requirements. You agree, that in case the ero-fantasy.com staff requests 2257 documentation of guest models / actors / actresses, you will provide this information at the time requested. In case you refuse to give this information, we have the right to terminate your account and forfeit all funds on your account.  The staff of ero-fantasy.com reserves the right to delete content without prior notice or without compensation towards the ‘Model – Producer’ if they or their content breach the Terms & Conditions or 2257 requirements.

During registration of your account you must register with your real name, address and phone number. this information will not be seen by any members of the site and will never be shared. You will also have the possibility to use your ‘Model – Producer’ name and chose a name for your store. Only your Store / Model-Producer name will be visible. To be 2257 compliant, you must send us a valid photo ID  and a utility bill which clearly mentions your real name and address. This document can not be older then 6 months. All this information is strictly for administrative purpose and will never be shared or sold anywhere except by court order.

User content

We do not own any data, information or material (“Content”) that you submit to the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor Content on the Website submitted or created using our Services by you. The copyright of your content remains yours at all times but you grant us permission to access, copy, distribute, store, transmit, reformat, adapt, modify, display and perform the content of your user account solely as required for the purpose of providing the Services to you, commercial and marketing or any similar purpose to promote era-fantasy.com and it’s vendors. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You agree to not perform illegal activities, never work with or show minors in your content, you will not force anyone to cooperate on your content. All model – producers / guest models / actors / actresses must agree with the content out of free will and can never be forced to do anything illegal or against their will. You acknowledge and agree that it is your responsibility to make sure your content does not contain any viruses, worms, “trojan horses” or any other destructive features, regardless whether damage is intended or not. Ero-fantasy.com, it’s owners, staff can not be held liable for any damage caused by infected content uploaded by it’s vendors (‘Models – Producers’).

Types of content

There will be 3 main types (categories) of content available:

  1. Custom photo / video sets: members can order custom content tailored to their wishes. It is completely up to the ‘Model – Producer’ to set his / her / their limits (within legal limits) and price.  How you offer / sell custom content is your choice. You can sell a full package which contains all options or several packages with each time more / different options and a higher or different price. ‘Models – Producers’ commit themselves to deliver custom content within 2 weeks after the order was placed. It is your responsibility to communicate with the customers in case you need to extend the agreed deadline.
  2. My Videos: this category is intended to show all your prior made (custom) videos which you wish to sell to all customers/visitors on the site. The ‘Model – Producer’ is free to set their price.
  3. Panties / Shooting Outfits / Prints /…: This categories are intended for all physical products which will be shipped to the customer. Here you can sell your personal calendar, signed photos, big prints, T-Shirts, panties, underwear from your photoshoots, etc. Note that you are fully responsible for handling the shipping of these products. You commit to ship tangible products within 3 days after purchase.

Other types of content such as webcam might become available at a later stage. It is not allowed to offer services as prostitute / escort.

Members will be able to buy content via credit card. After a successful purchase, members will receive a download link via email and in their purchase overview in their account. Members will also be able to tip / donate their favourite ‘Model – Producer’. For tips / donations, no products need to be given in return.

Payouts

All monetary transactions will be done in USD.

  • Commissions: In return for it’s services, Ero-fantasy.com takes a commission (%) on every sale, tip / donation. Of each sale, tip / donation, 70% will be paid out to the ‘Model – Producer’.
  • Payout:
    – Payouts are done on request, you can request a payout 14 days after the order has been made and completed. This 14 day period is needed for us to receive the money on our own bank account so we can transfer it to you.
    – In order to be able to request and receive a payout, each ‘Model – Producer’ must enter valid bank account details in his/her dashboard
    – The payout minimum is 100 USD
    – A payout fee of 10 USD per payout is deducted from your earnings
    – The payout time depends on the bank’s processing time.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. You agree that if ero-fantasy.com terminates your account due to violating our ‘Terms & Conditions’, that all funds in your account will be forfeit.

Intellectual property rights

This Agreement does not transfer any intellectual property from ero-fantasy.com or third party to you, and all right, title, and interest in and to such property will remain (as between the parties) solely with ero-fantasy.com or third party. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of ero-fantasy.com or ero-fantasy.com licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any ero-fantasy.com or third-party trademarks.

Disclaimer of warranty

You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will ero-fantasy.com, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if ero-fantasy.com has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of ero-fantasy.com and its affiliates, directors, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to ero-fantasy.com for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold ero-fantasy.com and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to the Content, your use of the Website or Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Prague, Czech Republic without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Czech Republic. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Prague, Czech Republic, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are is free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

Contacting us

If you have any questions about this Policy, please contact us at info@ero-fantasy.com

This document was last updated on September 10th, 2017.

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