Introduction
These terms of service are entered into between you and ENDsun Services, LLC, a Delaware limited liability company (“we,”“our,” or “us”). The following terms, together with any documents they incorporate by reference, govern your access to and use of LoyalFans.com, including any content, functionality, and services offered on or through LoyalFans.com (“LoyalFans”), whether as a guest or a registered User.
Incorporated Documents
The following documents are incorporated into and form part of these terms of service:
Acceptance of the Terms of Service
Please read these terms of service and the above documents carefully before using LoyalFans. By accessing or using LoyalFans or by clicking to accept or agree to these terms of service when this option is made available to you, you accept and agree to be bound and abide by these terms of service. If you do not want to agree to these terms of service, you must not access or use LoyalFans.
Important Legal Disclosures
These terms of service contain provisions that affect your legal rights and how certain types of claims between you and us are handled, including:
Additionally, these terms of service include an Arbitration and Class Action Waiver (the “Arbitration Agreement”). Except for certain types of disputes described in the Arbitration Agreement, you and we agree that any disputes arising out of these terms of service or your access or use of LoyalFans will be resolved through binding arbitration. By accepting these terms of service, you and we are each waiving the right to a trial by jury or to participate in any class action lawsuit, class-wide arbitration, or other representative proceeding.
Eligibility to Use LoyalFans
LoyalFans is available only to individuals who meet all of the following criteria:
By accessing or using LoyalFans, you state that the following facts are accurate:
If any of the above statements are untrue, you must not access or use LoyalFans. It is your responsibility to ensure that your access to and use of LoyalFans in your jurisdiction complies with all applicable local laws and regulations.
Protecting Minors from Harmful Content
We are committed to preventing minors from accessing adult-oriented material on LoyalFans. In support of this commitment:
Definitions
In these terms of service, the following definitions apply:
“Agreement between Fan and Creator” means the terms that govern each Creator Interaction.
“AI Feature” means any artificial intelligence–based tool, chatbot, character, or functionality available through LoyalFans that generates or simulates responses, messages, or other Content, including fictional interactions with computer-generated personas.
“Business User” means a User who uses LoyalFans for commercial reasons, whether acting on their own behalf or through someone else, including Referring Users.
“Consumer” means all Users who are not Business Users.
“Content” means any material Uploaded to LoyalFans by any User, including any photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material.
“Creator” means a User who has set up their LoyalFans account to post Content for Fans to view.
“Creator Earnings” means the portion of a Fan Payment payable to a Creator under these terms of service after deducting all fees and applying relevant Tax laws.
“Creator Interaction” means an interaction on LoyalFans that grants access to a Creator’s Content, including (1) a Subscription, (2) a payment for pay-per-view Content, and (3) any other interaction or payment between a User and a Creator’s account or Content, including direct messages.
“Fan” means a User who has registered for an account and who can access a Creator’s Content via a Creator Interaction.
“Fan Payment” means any payment related to a Creator Interaction.
“Indirect Sales Tax” means any Tax that is statutorily applied to Fan Payments in any relevant jurisdiction.
“Notice,” “Notify,” and “Notification” mean our attempt to communicate with you through any of the following methods: (1) by sending a message to your LoyalFans account; (2) by sending an email to the email address you provided; (3) by mailing a letter to the physical address you provided; or (4) by sending a text message to, or calling, the phone number you provided.
“Referring User” means a User who participates in the LoyalFans Referral Program.
“Subscription” means a Fan’s binding agreement to pay recurring, authorized charges in exchange for access, for a defined period, to all Content that a Creator makes available to subscribing Fans. A Subscription does not include access to individually priced Content, which must be purchased separately.
“Subsidiary” means any legal entity that is directly or indirectly owned or controlled by ENDsun Services or by one or more other Subsidiaries of ENDsun Services, whether individually or collectively, through ownership of voting securities or other means of control.
“Tax” means all forms of taxes, duties, levies, imposts, charges, contributions, withholdings, or other governmental assessments, whether imposed by a national, federal, state, local, or foreign authority, and whether direct or indirect, including any related interest, penalties, or additions.
“Upload” means publish, display, post, type, input, or otherwise share any photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material.
“User” means any user of LoyalFans, whether a Creator or a Fan or both (also referred to as “you” or “your”).
Changes to the Terms of Service
We may revise and update these terms of service on one or more occasions, including to reflect changes in applicable law, address security or risk concerns, or improve our services. All changes are effective immediately when we post them and apply to all access to and use of LoyalFans thereafter, except that any changes to the Resolving Disputes section will not apply to any disputes for which the parties had actual notice on or before the date the change is posted.
We may provide you with advance Notice of certain changes, but we are not required to do so unless applicable law requires it. If you do not agree to the revised terms, you must stop using LoyalFans. Your continued use of LoyalFans after the posting of revised terms means that you accept and agree to them. We encourage you to review this page regularly so that you remain informed of any changes, as they are binding on you.
Communications
We may communicate with you through electronic means, including but not limited to email, electronic messages to your account, or Notifications posted on LoyalFans. These communications might include, but are not limited to:
Email Notifications. You must provide and maintain a valid email address associated with your LoyalFans account. You acknowledge that any Notices sent to the email address on file will be deemed received by you.
Account Notifications. Certain important Notifications may also be sent directly to your LoyalFans account. You must regularly check your account for those Notifications.
Opt-Out and Unsubscribing. You may opt out of non-essential communications, including marketing emails, by following the unsubscribe instructions included in those communications. However, you cannot opt out of essential communications related to your account or legal notices.
Changes to Contact Information. It is your responsibility to keep your contact information, including your email address, current and accurate. We are not responsible for any missed notifications due to outdated or incorrect contact information.
Accessing LoyalFans and Account Security
We may withdraw or amend the LoyalFans platform and any service or material we provide on it without Notice. We will not be liable if any part of the LoyalFans platform you are accessing is unavailable. On one or more occasions, we may restrict access to any part of the LoyalFans platform to registered Users.
You are responsible for both:
To access LoyalFans or any of the resources it offers, you will be required to provide certain registration details or other information. It is a condition of your use of LoyalFans that all the information you provide on LoyalFans is accurate. Depending on where you are located, you may be required to verify your age and identity through one or more age verification methods before you can access LoyalFans. All information you provide to register with LoyalFans or otherwise, including, but not limited to, through the use of any interactive features on LoyalFans, is governed by our Privacy Policy, and you consent to all actions we take regarding your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person or entity. Your account is personal to you, and you must not provide any other person with access to LoyalFans or portions of it using your username, password, or other security information. You must notify us immediately of any unauthorized access to or use of your username or password or any other security breach. You also must ensure that you sign out from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.
We may disable any username, password, or other identifier, whether chosen by you or provided by us, for any reason, including if, in our opinion, you have violated any provision of these terms of service (including our Acceptable Use Policy) or engaged in fraudulent or illegal activities.
Account Deletion
You may delete your LoyalFans account at any time through your account settings. If you are a Fan, your account will be deleted within a reasonable time, and no further Subscription charges will apply. Once your account is deleted, you will no longer have access to your account or any associated Content.
If you are a Creator, your account will remain active until all active Fan Subscriptions expire. After that, we will pay out any unpaid Creator Earnings and proceed with account deletion. All Subscriptions will be canceled and cannot be renewed. Deletion of your Creator account will not remove any Co-Authored Content posted by another Creator, and you will no longer be able to access your account or its Content.
After deletion, we may retain and use your personal data in accordance with our Privacy Policy, including as required for legal or regulatory compliance, recordkeeping, or enforcement of our terms of service.
Intellectual Property Rights
LoyalFans and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by us, our licensors, or other providers of that material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on LoyalFans, except as follows:
You must not:
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of LoyalFans in breach of these terms of service, your right to use LoyalFans will terminate immediately, and you must, at our option, return or destroy any copies of the materials you have made. No interest in LoyalFans or any content on LoyalFans is transferred to you, and we reserve all rights not granted. Any use of LoyalFans not permitted by these terms of service is a breach of these terms of service and may violate copyright, trademark, or other applicable laws.
Trademarks
The ENDsun Services name, the term LOYALFANS, and all related names, logos, product and service names, designs, and slogans are trademarks of us or our affiliates or licensors. You must not use those marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on LoyalFans are the trademarks of their respective owners.
Prohibited Uses
You may use LoyalFans only for lawful purposes and in accordance with these terms of service (including our Acceptable Use Policy). You must not use LoyalFans:
Additionally, you must not:
Content
Your Content is not confidential, and you authorize your Fans to access and view your Content on LoyalFans for their own lawful and personal use, and in accordance with any licenses that you grant your Fans.
You are responsible for all Content you Upload on LoyalFans. If you are a Creator and someone else assists you with operating your Creator account, this does not affect your legal responsibility. Our relationship is with you and not with any third party, and you will be responsible for ensuring that all Content Published and all use of your account complies with these terms of service.
You hereby grant us a perpetual, nonexclusive, worldwide, royalty-free, transferable, sublicensable license to your Content that allows us to perform any act necessary to operate LoyalFans and our related products and services. This includes reproducing, making available or displaying to the public, distributing, creating derivative works, and otherwise using your Content, including for improving the features and functionalities of LoyalFans and our related services, as well as for training and enhancing our AI systems and models solely for content moderation purposes. This license also includes our right to use, in connection with promoting you or your account, any name, username, voice, image, or likeness provided with the Content, and to do so in all media or distribution methods now known or later developed. Except as required by law, you hereby waive any moral rights you might have under any law to object to the treatment of your Content.
We will not sell your Content to other platforms. However, in the event of a sale of ENDsun Services or its assets, any licenses you have granted us may be transferred.
For each item of Content you Upload to LoyalFans, you state that the following facts are accurate:
The Content complies with these terms of service (including our Acceptable Use Policy) and all applicable laws.
You own the Content (including all intellectual property rights) or have obtained all necessary rights, licenses, consents, and releases to Upload, distribute, display, publicly perform, and monetize the Content on LoyalFans, and to authorize our later use of the Content.
You (1) consent to be depicted in the Content, (2) consent to allow for the public distribution of the Content and to Upload the Content to LoyalFans, and (3) if the Content will be made available for downloading by Fans, consent to have the Content downloaded.
The Content does not infringe or violate the intellectual property rights of any third party.
If the Content includes third-party material, you have secured all necessary rights, licenses, consents, and releases for its use in the Content and for our later use.
You have complied with 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75, including inspecting and keeping all required written documents, including written documents sufficient to confirm that all subjects of the Content were at least 18 years of age at the time of the production of the Content as required by 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75, and will provide us with copies of all required written documents on request.
The Content is:
You are responsible for any Content you Upload, and you, not us, have full responsibility for that Content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any Content you Upload.
You must act as custodian of records for all Content you Upload to LoyalFans.
Co-Authored Content
As stated above, you are responsible for all Content you Upload. You may Upload Content that features someone other than you (“Co-Authored Content”).
If you Upload Co-Authored Content, you state that each individual in Co-Authored Content you Upload is either (1) a Creator you have tagged using the tool available on LoyalFans or (2) an individual at least 18 years of age whose proof of identity and whose written, informed consent you have obtained to Upload the Content on LoyalFans, including, but not limited to, (A) consent to be depicted in the Co-Authored Content, (B) consent to allow for the public distribution of the Co-Authored Content and to Upload the Co-Authored Content to LoyalFans, and (C) if the Co-Authored Content will be made available for downloading by Fans, consent to have the Co-Authored Content downloaded.
You and each Co-Author must provide us with the necessary documents to confirm you have satisfied the requirements of these terms of service.
If you, or anyone appearing in Co-Authored Content, do not provide any information we request, we may restrict or delete the Co-Authored Content or your account and withhold any portion of your Creator Earnings.
We are not a party to any agreement that you have to create Co-Authored Content or any resulting dispute. All claims arising from Co-Authored Content must be made against the Creator(s) who Published or who appeared in the Co-Authored Content. You must not make any claims against us, and you hereby release us from any claims against us, arising from Co-Authored Content.
Any individual who appears in the Co-Authored Content may withdraw their consent to appear in that Co-Authored Content. We may delete Co-Authored Content if a participant withdraws consent.
Creator Interactions
As part of a Creator Interaction, the Creator hereby grants the Fan a nontransferable, nonsublicensable, nonexclusive license to access the Content to which that Creator Interaction relates. The preceding license does not grant any Fan ownership rights to the applicable Content of a Creator to which a Creator Interaction relates and automatically terminates without notice under any of the following circumstances:
We may remove any Content from a Creator’s account at any time. The Fan participating in the Creator Interaction acknowledges that Creators may remove Content, including pay-per-view Content, for any reason at any time.
The Fan acknowledges that nonparties may assist Creators in operating their accounts and in Creator Interactions.
Fan Subscriptions and Purchase
Creator Interactions are governed by the Agreement between Fan and Creator. While we may moderate Content and facilitate Creator Interactions by providing the LoyalFans platform, we are not a party to the Agreement between Fan and Creator or any other contract between a User and a Creator, and we are not responsible for Creator Interactions.
Creators are solely responsible for determining any pricing applicable to Creator Interactions. All prices are displayed and charged in USD, and your payment provider may charge currency conversion or processing fees. Fan Payments do not include any applicable Indirect Sales Taxes, which will be added at the applicable rate based on your location.
When a User initiates a Creator Interaction by submitting a Fan Payment, the Creator is obligated to fulfill their part of that Interaction once the transaction has been confirmed. Creators shall indemnify us against any losses or damages we incur as a result of their failure to do so. Before initiating a Creator Interaction, Users must provide valid payment information and click “Subscribe” or take other affirmative action to authorize the payment.
By clicking “Subscribe,” you agree to initiate a Subscription. A Subscription will automatically renew at the current rate (plus any applicable Indirect Sales Taxes) until you cancel it. You authorize us to charge your selected payment method at the start of each renewal period. You will not receive separate Notice of renewal unless required by law. You will not be charged for any renewal if (1) your payment fails and you have not provided a backup method, (2) the Subscription price has increased and you did not opt in to the new price, (3) you disabled the auto-renewal feature in your account settings, or (4) you closed your LoyalFans account before the renewal date.
If you cancel a Subscription, you will continue to have access to the Creator’s Content until the end of the current Subscription period. After that time, no further payments will be taken unless you re-subscribe. Deleting your LoyalFans account or withdrawing a payment method does not automatically cancel your Subscription; you must do so explicitly.
You may provide multiple payment methods. If the primary payment method fails, we may use an alternative method you have provided to process the Fan Payment. You also authorize us and our Subsidiaries to share your payment information with third-party payment processors for the sole purpose of processing Fan Payments.
The payment provider will process (1) periodic payments for Subscriptions and (2) one-time payments for other Fan Payments. You consent to these payments being debited from your selected payment method. You must not make (1) unjustified refund requests or (2) unjustified chargeback requests. If we determine, in our sole discretion, that a refund or chargeback request was made in bad faith, we may suspend or delete your account.
You may prepay amounts into your account (“Wallet Credits”) that can be used for Fan Payments. Wallet Credits are capped at a stated maximum, do not accrue interest, and are non-refundable to the extent permitted by law. If a Fan Payment exceeds your Wallet Credit balance, your payment card will be charged for the full amount. Wallet Credits are not legal tender and may not be redeemed for cash.
Refunds
Except as required by applicable law, all Fan Payments—including Subscriptions, one-time payments, and tips—are non-refundable. Because digital content is delivered or made accessible immediately, you expressly acknowledge that you lose any statutory right to withdraw or cancel once the content has been made available to you, in accordance with applicable laws in the United States, United Kingdom, and European Union.
For EU/UK Users: In accordance with Directive 2011/83/EU on Consumer Rights (as implemented in the EEA, UK, and Switzerland), by purchasing and accessing digital content on LoyalFans, you expressly consent to the immediate supply of that content and acknowledge that you will lose your 14-day statutory right of withdrawal under Article 16(m) of the Directive once access begins.
Notwithstanding the foregoing, you may have a legal right to request a refund under certain circumstances, such as (1) the digital content was not delivered or made available as promised, (2) the content is defective or not as described, or (3) the charge was unauthorized.
If you believe you are entitled to a refund under applicable law, you must contact us promptly and provide supporting information. We reserve the right to assess the claim, verify the circumstances, and issue a refund where legally required or otherwise in our discretion.
If you submit refund or chargeback requests that we reasonably believe to be unjustified, fraudulent, or submitted in bad faith, we may suspend or terminate your account and take any other action permitted by law.
Creator Payouts
Tax Compliance
Creators are solely responsible for their own Tax affairs. Neither LoyalFans nor any affiliated entity or service provider, including any Subsidiary, is responsible for advising you on Tax matters, providing Tax guidance, or ensuring your compliance. By using LoyalFans as a Creator, you state that you have reported, and will continue to report, all earnings received in connection with your use of LoyalFans to the appropriate Tax authorities in your jurisdiction, in accordance with applicable law. If you become non-compliant with Tax obligations, or if you are named in any inquiry, investigation, or proceeding related to Tax compliance in connection with your use of LoyalFans, we reserve the right to suspend your account, restrict earnings, or limit access to payouts.
If you are a Creator based in the UK, you must comply with the UK VAT requirements.
If you are a Creator based in the EU, you must comply with the applicable EU VAT requirements.
You are solely responsible for submitting any required filings and paying any Taxes owed in connection with your earnings on LoyalFans. Failure to comply with these obligations may result in the suspension or termination of your account.
Monitoring and Enforcement; Suspension and Termination
We are committed to maintaining a positive and respectful community and do not tolerate inappropriate Content or misconduct. We employ AI systems and models to assist in the moderation and review of Content before it is Published. This includes automated tools designed to detect and remove Content that might violate our Acceptable Use Policy or applicable laws. However, while these AI tools enhance our ability to manage Content efficiently, they are not infallible and might result in errors, including false positives or negatives.
To address these limitations, content moderation will also involve human review to ensure that decisions align with our policies and legal obligations. We encourage Users to report any Content they believe is inappropriate or violates our policies using our . We will investigate all reported Content and may take appropriate action, which could include removing Content, suspending or deleting accounts, or other corrective measures.
Despite our efforts to ensure accurate content moderation, we are not liable for any errors or omissions in the moderation process. Users acknowledge and accept that some inappropriate Content might not be detected immediately, and we rely on community reports and ongoing improvements to our AI systems and models to address these issues.
We may take one or more of the following actions in connection with our monitoring of LoyalFans:
Content Review and Removal. We may remove or refuse to Upload any Content for any reason. If we suspend access to or remove any of your Content, we will notify you by email or electronic message to your account, but we are not required to give you prior notice of that removal.
Suspension or Deletion of Accounts and Content. We may suspend or delete your account or Content at any time, with or without notice, if:
Pausing and Withholding Payments. During any investigation or review, we may:
Post-Investigation Actions. After investigating the suspected noncompliance or unlawfulness of any Content or your account, we may take any action we consider appropriate, including reinstating access, permanently removing or disabling access to Content, or deleting your account. We may treat any part of your Creator Earnings as forfeited and may refund or cancel Fan Payments if we determine that a breach or suspected fraudulent activity has occurred. We may use any part of your Creator Earnings to offset any harm or loss we suffer as a result of your breaches of these terms of service (including our Acceptable Use Policy). We will notify you of any such action and provide a statement of reasons.
Right to Dispute. You may dispute a Creator Earnings forfeiture decision by following our Complaints Policy and dispute an account termination or Content deactivation decision by following our Appeals Policy. If you do not dispute our decision within six months after we notify you of our decision, you waive your right to dispute that decision. In certain jurisdictions, you may be entitled to bring a claim against us for breach of contract where we remove or restrict access to your Content or LoyalFans in breach of these terms of service.
Post-Termination Content Access. On termination of your account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy, including by deleting it. You will no longer be able to access your Content, and there is no technical facility on LoyalFans that allows you to retrieve your Content after your account has been terminated (or deleted).
No Refunds for Termination. If your account is terminated for violating these terms of service (including our Acceptable Use Policy), any Fan Payments will not be refunded.
Without limiting the above, we may cooperate with any law enforcement authorities or comply with a court order requesting or directing us to disclose the identity or other information of anyone Publishing Content on or through LoyalFans. We will report any Content that could be considered child sexual abuse material (CSAM) to the National Center for Missing and Exploited Children’s CyberTipline and any other legal and regulatory bodies.
Despite the above, we have no liability or responsibility to anyone for the performance or nonperformance of the activities described above. You hereby waive, and you shall indemnify us and our affiliates, licensees, and service providers against any claims resulting from any action taken by any of the preceding parties during, or because of, investigations by either those parties or law enforcement authorities.
EU Transparency and Illegal Content Reporting
To comply with applicable regulations, including the EU Digital Services Act (DSA), we commit to publishing an annual transparency report. This report will include:
These reports will be made publicly available on the LoyalFans platform.
We also comply with applicable EU laws on illegal content, including the DSA. Users may report illegal content in accordance with our Complaints Policy, and we commit to timely investigation and resolution.
Copyright Infringement
If you believe that any Content violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. Our policy is to terminate repeat infringers’ User accounts.
AI Features
LoyalFans uses artificial intelligence (“AI”) technologies to enhance the User experience, including through features that simulate interactions, recommend Content, or assist with platform functions. We strive to operate these AI systems in compliance with applicable laws, regulations, and industry best practices, guided by principles of transparency, fairness, and accountability.
While we implement appropriate safeguards, we are not liable for unintended outputs, User interpretations, or actions resulting from AI-generated features or interactions. Users are solely responsible for ensuring that their use of any AI Feature complies with applicable laws and ethical standards in their jurisdiction.
All AI interactions are entirely fictional and computer-generated. Users acknowledge that these interactions do not reflect real individuals and must not be interpreted as real. We disclaim any responsibility for confusion, expectations, or misunderstandings arising from those fictional interactions.
Although we work to ensure accuracy and fairness, AI Features may produce incorrect or misleading information (“hallucinations”) or reflect unintended bias. Users are solely responsible for verifying any information provided by AI Features before relying on it.
AI-related use of Creator content is strictly limited to training internal moderation systems. We will not use private or sensitive content (e.g., private videos, chat logs) for commercial AI product development or external data licensing.
AI technologies are constantly evolving. We may modify, update, suspend, or remove any AI Features at any time in response to technical developments or changes in law.
Changes to LoyalFans
We may update or modify the LoyalFans platform on one or more occasions. However, we make no guarantee that all Content or information available on LoyalFans is complete, accurate, or current. Any material on LoyalFans may be out of date at any given time, and we are under no obligation to update that material.
Information About You and Your Visits to LoyalFans
All information we collect on LoyalFans is subject to our Privacy Policy. By using LoyalFans, you hereby consent to all actions taken by us regarding your information in compliance with the Privacy Policy.
For interactions directly between Fans and Creators (e.g., messages, tips, custom content), each party is independently responsible for compliance with applicable data protection laws (e.g., GDPR, CCPA) with respect to any personal data exchanged.
Linking to LoyalFans and Social Media Features
You may link to the LoyalFans homepage, on condition that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our written consent.
LoyalFans may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, solely regarding the content they are displayed with, and otherwise in accordance with any additional terms we provide regarding those features. Subject to the preceding, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply with our Acceptable Use Policy.
You must cooperate with us in causing any unauthorized framing or linking immediately to stop. We may withdraw linking permission without notice.
We may disable any social media features and any links without notice.
Links from LoyalFans
If LoyalFans contains links to other sites and resources provided by nonparties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that might arise from your use of them. If you decide to access any of the third-party websites linked to LoyalFans, you do so entirely at your own risk and subject to the terms for those websites.
International Access
LoyalFans is operated by a company based in the State of Delaware, United States. We do not represent that LoyalFans or any of its Content is appropriate, lawful, or available for use outside the United States. Accessing LoyalFans from other jurisdictions is done on your own initiative, and you are solely responsible for complying with any applicable local laws.
Warranty Disclaimers
You acknowledge that we cannot and do not state that files available for downloading from the internet or LoyalFans will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to LoyalFans for any reconstruction of any lost data. To the extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of LoyalFans or any services or items obtained through LoyalFans or to your downloading of any material posted on it, or on any website linked to it.
Your use of the LoyalFans platform, its content, and any services or items obtained through the LoyalFans platform is at your own risk. The LoyalFans platform, its content, and any services or items obtained through the LoyalFans platform are provided “as is” and “as available,” without any warranties, either express or implied. Neither we nor any person associated with us is making any warranty regarding the completeness, security, reliability, quality, accuracy, or availability of the LoyalFans platform. Without limiting the preceding, neither we nor anyone associated with us is making any warranty (1) that the LoyalFans platform, its content, or any services or items obtained through the LoyalFans platform will be accurate, reliable, error-free, or uninterrupted, (2) that defects will be corrected, (3) that the LoyalFans platform or the server that makes it available are free of viruses or other harmful components, (4) that we will host, make available, or remove any specific item of Content, (5) any geo-filtering or digital rights management solution that we offer will be effective, (6) that we will continue to support any particular feature or maintain backward compatibility with any third-party software or device, or (7) that the LoyalFans platform or any services or items obtained through the LoyalFans platform will otherwise meet your needs or expectations.
To the extent provided by law, we are not making any warranty, whether express or implied, statutory, or otherwise, including but not limited to any warranty of merchantability, noninfringement, and fitness for a particular purpose.
The above disclaimers do not affect any warranties that cannot be excluded or limited under law.
Limitation of Liability
To the extent provided by law, in no event will we, our affiliates, or our licensors, service providers, employees, agents, officers, or managers be liable for damages, under any legal theory, arising out of or in connection with your use, or inability to use, the LoyalFans platform, any websites linked to it, any content on the LoyalFans platform or those other websites or any services or items obtained through the LoyalFans platform or those other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
To the extent provided by law, in no event will we, our affiliates, or our licensors, service providers, employees, agents, officers, or managers be liable for any actions, omissions, or Content provided by any third party, including other Users, external service providers, or linked websites. This includes disputes, claims, or damages arising from interactions or transactions between Users that occur outside of the LoyalFans platform but are related to its use.
To the extent provided by law, in no event will the collective liability of us and our subsidiaries and affiliates, and our licensors, service providers, employees, agents, officers, and managers, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $250 and the amount we have earned through your use of the LoyalFans platform in the three-month period preceding the event giving rise to the claim.
The above limitation of liability does not apply to liability resulting from our gross negligence or willful misconduct.
The above limitation of liability does not affect any liability that cannot be excluded or limited under law.
Local Mandatory Laws and Non-Excludable Rights
No Waiver of Statutory Rights. Nothing in these terms of service, including the above disclaimers and limitations of liability, excludes or limits any rights that cannot be excluded or limited under applicable law.
EU Consumer Rights. If you are an EU Consumer, mandatory consumer-protection laws may grant you additional rights and remedies. This includes your right to seek redress for defective products or non-conforming digital services. Nothing in these terms of service will exclude or limit liability for (1) death or personal injury caused by our negligence, (2) our willful misconduct or gross negligence, (3) any implied conditions relating to title or conformity of digital content, or (4) any other matter that cannot be excluded or limited under EU consumer law.
EU Business Users (P2B Regulation). If you are an EU Business User, these disclaimers and limitations do not limit our obligations or your rights under the EU Platform-to-Business Regulation, including our duty to offer an internal complaint-handling system and mediation in good faith.
EU DSA Obligations. These disclaimers and limitations of liability do not affect our obligations under the EU DSA, including any notice-and-action procedures and User redress mechanisms for content moderation decisions.
Indemnification
You shall indemnify us, our affiliates, licensors, and service providers, and our and their respective officers, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms of service or your use of the LoyalFans platform, including, but not limited to, your Content, any use of the LoyalFans platform’s content, services, and products other than as expressly authorized in these terms of service (including our Acceptable Use Policy), or your use of any information obtained from us.
Resolving Disputes
Governing Law
Delaware law governs all adversarial proceedings arising out of these terms of service or access or use of LoyalFans.
If you are a Consumer residing in the European Economic Area (EEA), the United Kingdom (UK), or Switzerland, this choice of law does not affect any mandatory consumer protections afforded to you under the laws of your country of residence. You may bring a claim before the courts of your habitual residence under those consumer protection laws.
Equitable Remedies
Each party acknowledges that (1) breach by either party of that party’s obligations under these terms of service has the potential to cause irreparable harm for which damages would be an inadequate remedy and (2) if any such breach occurs or is threatened and might cause irreparable harm, each party would want a court to grant the other party an injunction, a restraining order, or any other equitable remedy, in each case without posting a bond or other security and without proof of actual damages.
Arbitration and Class Action Waiver
You and we agree to resolve disputes through mandatory arbitration and waive the right to participate in class actions, as described below:
Mandatory Arbitration
You and we shall resolve any claims arising out of or relating to these terms of service or your access or use of LoyalFans (a “Dispute”) through final and binding arbitration.
Informal Dispute Resolution
We would like to understand and try to address your concerns before formal legal action. Before either of us files a claim against the other, we both shall try to resolve the Dispute informally. You must do so by sending us notice to legal@endsunservices.com. We will do so by sending you a Notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both shall attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.
Arbitration Forum
If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and Supplemental Rules for Mass Arbitration Filings, as applicable (available here). We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The activities described in these terms of service involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration.
Arbitration Procedure
The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of Wilmington, Delaware have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.
Exceptions
This section does not require informal dispute resolution or arbitration of the following claims: (1) individual claims brought in small claims court; and (2) injunctive or other equitable relief to stop unauthorized use or abuse of LoyalFans or intellectual property infringement or misappropriation.
Class and Jury Trial Waivers
You and we agree that Disputes must be brought on an individual basis only, and must not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties shall sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and we knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.
Batch Arbitration
If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, then you and we agree that NAM will administer them in batches of up to 50 claimants each (“Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.
Local Law Rights
This Arbitration Agreement applies only to Users located in the United States. If you are located in the EEA, UK, or Switzerland, this clause does not affect your right to bring claims before the courts of your country of residence under applicable consumer protection laws.
Nothing in this section limits or affects any rights you may have under the mandatory laws of your country of residence. These terms of service do not override your right to access statutory remedies, bring claims in local courts where required by law, or rely on protections that cannot be waived by contract.
If you are a Business User located in the EEA or UK, you also retain the right to use our internal complaint-handling system and to request mediation in accordance with the EU Platform to Business Regulation (2019/1150) as described in our Platform to Business Regulation Terms.
Severability
If any part of this Arbitration Agreement is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.
Jurisdiction
If either party brings a proceeding regarding the enforceability or validity of the class action waiver or seeking an injunction, a restraining order, or other equitable remedy to which that party is entitled under the Equitable Remedies section, that party may bring that proceeding only in the United States District Court for the District of Delaware or, only if there is no federal subject matter jurisdiction, in a state court of Delaware sitting in Wilmington.
Each party hereby waives any claim that any proceeding brought in accordance with this provision has been brought in an inconvenient forum or that the venue of that proceeding is improper.
For Consumers in the EEA, UK, or Switzerland
If you are a Consumer residing in the EEA, UK, or Switzerland, the above jurisdiction clause does not affect your right to bring proceedings in the courts of your country of residence as required by applicable consumer protection laws.
For Business Users in the EEA or UK
If you are a Business User established in the EEA or the UK, and the EU Platform to Business Regulation (2019/1150) applies, the above jurisdiction clause does not limit your right to bring a claim before the courts of your place of establishment, as required by Article 12(1) of the Regulation.
Recovering Expenses
Except as otherwise provided in the Arbitration and Class Action Waiver section, in an adversarial proceeding between the parties arising out of these terms of service or access or use of LoyalFans, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.
Time Limit to File Claims
Apart from proceedings arising from a claim for Indemnification, neither party may initiate adversarial proceedings to resolve any dispute arising out of these terms of service or access or use of LoyalFans more than one year after the date that dispute arose. If you are located in a jurisdiction where local mandatory laws provide a longer limitation period, those mandatory laws will apply instead of the one-year limitation set out in the preceding sentence.
Waiver and Severability
No waiver of any provision of these terms of service will be effective unless it is in writing and signed by the party granting the waiver. No failure or delay in exercising any right or remedy under these terms of service will operate as a waiver of that right or remedy. A waiver granted on one occasion will not operate as a waiver on future occasions.
If any provision of these terms of service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of these terms of service will continue in full effect.
Entire Agreement
These terms of service constitute the entire understanding between the parties regarding these terms of service or access or use of LoyalFans. You acknowledge that because you have not relied on, and will not be relying on, any statements made by us arising out of these terms of service or access or use of LoyalFans, you will have no basis for bringing any claim for fraud in connection with any such statements.
Feedback
We encourage you to provide feedback about LoyalFans. But we will not treat as confidential any suggestion or idea provided by you, and nothing in these terms of service will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
Accessibility and Language Access
If you require a translated version of these terms of service or an accessible format due to a disability or other accessibility need, please contact us at support@endsunservices.com. We will provide those versions where required by applicable law. In the event of any inconsistency or conflict between a translated version of these terms of service and the English version, the English version will prevail.
Your Comments and Concerns
LoyalFans is operated by ENDsun Services, LLC, 4801 Gulf Blvd., Suite 193, St. Pete Beach, Florida 33706, USA.
All notices of copyright infringement claims must be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out in it.
If you have a complaint about Content appearing on LoyalFans or our content moderation decisions, please refer to our Complaints Policy and our Appeals Policy.
Feedback, comments, requests for technical support, and other communications relating to the LoyalFans platform should be directed to support@endsunservices.com.
California Users and Residents
California residents may also send complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
DSA Single Point of Contact
In accordance with articles 11 and 12 of Regulation (EU) 2022/2065 (the “Digital Services Act” or “DSA”), we have designated dsa@endsunservices.com as the single point of contact for:
Please conduct all communication in English or French. This email address is exclusively for matters related to the DSA.