UPDATED: 21 APRIL 2019
XFanClubs provides a platform where consumers can purchase custom video clips from select performers, pre-made video clips, and other digital offerings to be added in the future. Throughout this agreement content producers and owners are referred to as ‘Content Providers’. Similarly the company (Dark Reach LLC) and the website (www.xfanclubs.com) are referred to jointly throughout the agreement as “Site”. In all these services it is an express condition that the Site is acting as an agent for the Content Providers. The Site provides the consumer with a free account, where once signed up, the consumer can access previously purchased content. The content on the Site is streamable and/or downloadable to the consumer’s library. Individuals or Businesses may request a custom store allowing consumers to purchase content from them.
1. Age Restriction
All individuals accessing XFanClubs or any custom store attached to XFanClubs must be a minimum of 18 years or older. The Site reserves the right to verify the age of any Content Provider or consumer that is suspected of being under the age of 18.
2. Free Account Creation
Registration for an account is free of charge for Content Providers and/or consumers.
3. Content Copyright
Content Providers retain the sole copyrights on any content uploaded to Site. Consumers may not redistribute, resell, or upload any content downloaded from the Site without the express written permission of the Intellectual Copyright Owner of the content. If consumers (or other Content Providers) are caught redistributing, selling or uploading content without proof of permission, their Site account will be closed and any monies forfeit.
All Content Providers must legally own the right to the content uploaded to their account or store. If found to be uploading and selling content which they have no right to, their account could be closed and content removed from Site without prior notice. Funds from any sales that have not yet been paid will be forfeited.
If your content is found on the site without express permission to the Content Provider or Site, please send a completed DMCA to email@example.com.
4. Content Purchase
Content and digital services can be purchased, via the payment processor Verotel, from Content Providers as well as content owned by the Site.
If the customer does not have a free account at the time of purchase, one will be created for them when they make the purchase and purchased content can be found within the account.
Minimum purchase is $5.00. If content is purchased that is below the $5.00 mark, any left over money will be stored on the customer’s account and can be applied towards future purchases.
Maximum purchase per transaction is $500.00. If purchasing a custom video that is over $500.00, the customer will be prompted by email to make a succession of purchases to cover the amount of the order. If $1,000.00 is reached in one 24 hour period, the customer will have to wait until the next day to make the next succession of transactions. This is not the Site’s limitation, it is a limitation from the Site’s credit card processor.
5. Types of Content Purchases
Custom Videos: a custom video is when the customer fills out a form requesting a one of a kind video of a certain length, quality and containing a (reasonable) scenario that the customer has requested.
Acceptance of a custom video is solely up to the discretion of the Content Provider. If a custom video is rejected, the money used to purchase the custom video is returned to the customer’s personal wallet within their account and can be used for other purchases on the Site.
Custom video requests are expected to be legal, respectful and reasonable to perform within the purchased delivery time. Content Providers are not expected to perform requests to the exact letter but are expected to maintain the spirit of the request within their means and capabilities.
A Content Provider could request additional funds of the customer, after the custom video is requested and purchased, if items and props need to be specially purchased for the video. If the customer does not wish to supply the additional funds, a customer can request a refund (see 6. Refund Policy).
It is the customer’s sole responsibility to make certain that they wish to make the custom video order. If in doubt if there will be additional costs, or if a request will be considered reasonable, the customer can contact firstname.lastname@example.org before placing their order.
Custom videos remain the property of the Content Owner. The customer is granted the use of the custom video at a personal level and may not copy, upload or resell the content. If the customer wishes the custom video to remain 100% private, they must choose the 100% exclusive option when purchasing the video.
Video Clips: some Content Providers, as well as the Site, provide video clips for purchase at varying prices and lengths of time. Any videos purchased by the customer can be found in the customer’s personal library for streaming or download.
Future Digital Content and Features: the Site will list the terms and conditions of any additional feature, as it is added to the Site and made available for Content Providers and customers to use.
6. Refund Policy
Different types of purchases have different refund policies.
Custom video purchases can be fully refunded (minus a 15% transaction fee) before the Content Provider accepts the custom video.
If the Content Provider has accepted the custom video, a partial refund might still be possible so that the Content Provider still can be paid for any work done on the custom.
If the Content Provider has uploaded the custom video to the customer, a refund is no longer possible as the work had been done and payment transferred from the Customer’s account to the Content Provider and the custom video made available to the customer.
If there is a technical difficulty with the purchased video, the money can be refunded to the customer’s wallet or an exchange of a video of equal or less price will be offered.
7. Content Restrictions
The Site does NOT allow the uploading, discussion of, or custom video request of the following prohibited content:
Under age: all performers MUST be and appear to be the age of 18 or over. No underage material is allowed, at any time. Implied, simulated or fantasy.
Incest: sex involving family members or step-family is not allowed.
Non-consensual sex: no person may be forced to have sex without consent, whether real, implied or fantasy.
Blood, scat, vomit: no blood, feces or vomit may be requested, written about, or shown on Site. This includes real, or simulated.
Animals: no living animals (aside from of age human beings) may be shown on Site. Sex, or implied and simulated sex with animals, is prohibited.
Necrophilia, horror, snuff: all actors must be alive at all times. No person may be maimed or killed, real or simulated, including fantasy settings (vampires, zombies, monsters killing, etc).
Crushing: no crushing of animals, insects, or human body parts.
Weapons, drugs, alcohol, chloroform, or any illegal substance: weapons, drugs, alcohol, chloroform, or any illegal substance that causes intoxication, impaired judgement or unconsciousness is allowed, simulated, implied, or fantasy.
Hypnosis/Mesmerization: content that portrays lack of consent, such as hypnosis or mesmerization, is not allowed.
Illegal content: any content that depicts actions, real, fantasy, or implied, that is largely regarded as illegal around the world. It is up to the Content Owner to make certain that the content that they upload, or discuss, is legal in their own locality.
8. XFanClubs Liability
Content Owners and customers recognize that the Site is not the owner of the uploaded content and has zero liability regarding the use of any content. The site will not be liable for any damages resulting from service disruption, or from infrastructure and/or hardware failure, leading to the loss of business, information or content.
Content Owners and customers agree that Site cannot be held liable for the infringement of intellectual property or other rights, and is not liable for any offensive, defamatory, or otherwise illegal behaviour by any third party.
Further, there is an acknowledgement that Site does not guarantee or vouch for the accuracy or truthfulness of any message, communication, information, or content which has been posted by our 3rd party independent publishers.
By using Site, the company is released from all liability and responsibility in connection with all the Content and all other information, messages, communication or other materials received from the company, site affiliates, and content providers.
If any provision of this agreement is, or becomes illegal, invalid, or unenforceable in any jurisdiction, that fact shall not affect the validity or enforce ability of any other provision of this agreement.
10. Agreement Acceptance
By uploading content or purchasing digital content from the Site, both Content Owners and customers understand and accept this agreement in its entirety. The Site may change the terms of the agreement at any time, without notice. It is the Content Owner(s) and Customer(s) responsibility to keep current with the changes in the agreement. The continued use of the Site after a change in the agreement implies an acknowledgement and acceptance of its new terms.
In case there is any part of the above statements You do not accept, or You are not aware of pertinent laws and regulations DO NOT ENTER THE WEBSITE!
This warning page constitutes a legal Agreement between the Site and Yourself, as well as any business entity of which You have any legal or equitable interest. If any portion of this Agreement is deemed unenforceable by a Court of competent jurisdiction, it shall not affect the enforce-ability of the other portions of this Agreement.
We would like to inform You, for ALL legal statements, statutory declarations made by Site and its Owners, and can be found on the site we can ONLY take the ENGLISH version as a basis and underlying! We DO NOT accept any kind of legal claims, or other complaints for the misunderstandings as a result of the mistranslations! The Site does not give a guarantee the information published herein. Furthermore appearance of content on the website does not necessarily mean that the Site supports the Content Owner or takes the responsibility for this content.
For any enquiries, please email: email@example.com