TERMS AND CONDITIONS OF USE
Effective Date: Since August 09, 2024
Last modified: August 09, 2024
Previous version: July 17, 2023
This document governs your use of the Company's website(s). Please read and review it before using the Company's website, which include, without limitation, the following: www.faphouse.com, its subdomains (including without limitation https://studio.faphouse.com/, https://blog.faphouse.com/) and https://joinmy.fans/.
1. Introductory statements
1.1. This document constitutes the terms and conditions (hereinafter referred to as the “Agreement” or “Terms”) upon which the Company (“we”, “us”, or “Company”), owner and/or operator of the website(s) will provide service to you on its website(s), including, without limitation, the above listed websites (the “Website”). The Terms constitute a contractual agreement between you and us.
By visiting, accessing, using, and/or joining (collectively “using” or “use”) the Website, you express your understanding and acceptance of the Terms.
As used in this document, the terms “you”, “your” or “user” refers to you, any entity you represent, your or its representatives, successors, assigns and affiliates, and any of your or their devices. If you do not agree to be bound by the Terms, navigate away from the Website and cease using it.
1.2. Please note that the Website contains content and materials that are published by independent third parties (unless specifically stated otherwise by us), and the Company does not exercise control or maintain direct association with this content or third parties: we do not intervene in disputes between third parties and others, nor do we facilitate communication between them.
1.3. If you have any questions about these Terms or other Website policies, or if you wish to contact us, please feel free to use our Contact us form (available at https://faphouse.com/support/contact), which serves as a single point of contact in accordance with requirements of article 11 and 12 of the Regulation (EU) 2022/2065 – Digital Service Act (“DSA”). Please be advised that you may use the form in English or Greek. The Contact us form is available to any individual, legal entity, trusted flaggers, recipients of the service and/or authorities (including EU Member State authorities, EU Commission and EU Board).
1.4. Access to the Website or use of the services provided by the Company is restricted unless authorized by signing this Agreement. You hereby agree and accept this Agreement by taking any action that demonstrates your agreement to it: clicking on any link, button or other device provided to you in any part of the interface of the Website (as well as typing your legal name and details on the Website or pressing a button with the words "I agree" or similar syntax). You agree and acknowledge that such actions will be deemed to be a signing of this Agreement and you will be bound by the Agreement with the same legal consequences and bindingness as if this document had been physically signed in writing. By doing so, you agree to be legally bound by all of the terms and conditions of this Agreement. Furthermore, by using any of the features or services of the Website in any way, you understand and agree that the Company will consider such use as an acknowledgement of full and unconditional acceptance of all the terms and conditions of this Agreement.
User signature of this Agreement is an electronic one. According to eIDAS, Regulation (EU) No 910/2014, Electronic Signatures in Global and National Commerce Act (E-Sign Act), and Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures and other similar state, national, international and country laws, electronic acceptance of this Agreement is permitted by law. Moreover, any form of electronic signature may be used to sign an agreement, is admissible as evidence in EU courts and shall not be denied legal effect solely because it is in electronic form.
If this Agreement is not signed by you, you will be deemed an unauthorized user of the Website. No act or omission by the Company should be interpreted as a waiver of the Agreement signing requirement. If you refuse or fail to do so, you will still be bound by this Agreement by virtue of using or viewing the Website.
1.5. You agree not to access the Website if doing so would violate the laws of your state or country.
1.6. Company may from time to time revise this Agreement. You hereby agree and accept that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. Any updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect.
If the Company changes anything in this Agreement, the "Previous Version" date at the top of this Agreement will be updated accordingly so that it is readily apparent that the Agreement has been updated. The Agreement can be found at https://faphouse.com/pages/terms and a link to the Agreement can also be found at the bottom of the index page of the Website under "Terms of Use". You should periodically visit this web page and if the "Previous Version", "Last Modified" and "Effective Date" dates have changed since your last visit, you may review the document to determine how your rights and obligations may be affected by the revisions.
If you do not periodically review this Agreement to determine the changes that have been made to it, you assume full responsibility for your inability to do so and you accept that such inability constitutes a waiver of your right to review the amended terms and conditions and the Company shall not be held liable for such.
1.7. This Agreement represents the primary terms and conditions of service for the Website. But additional guidelines and rules are hereby incorporated by reference. The document(s) which can be found on the Website which are publicly available, and which are specifically incorporated by reference, and are therefore part and parcel of this Agreement includes the following:
- 1.7.1. Privacy Policy (located at https://faphouse.com/pages/privacy-policy)
- 1.7.2. Cookie Policy (located at https://faphouse.com/pages/cookies-policy)
- 1.7.3. Trust and Safety Policy (located at https://faphouse.com/pages/trust-and-safety), which describes our approach to moderation practices, content upload requirements, and technical and organizational safeguards.
- 1.7.4. Content Provider Terms and Conditions of Use (located at https://studio.faphouse.com/pages/studio-terms-of-use), which contains additional rights and obligations for users who wish to publish content on the Website.
- 1.7.5. Content Provider Supplement Agreement (located at the personal account of the Content Providers), which governs relationships between the Company and Content Providers in addition to the Terms.
- 1.7.6. Additional applicable documents as may be defined by the sole discretion of the Company (including separate subdomain Terms and conditions for FapCash Affiliate Program available at https://fap.cash/terms).
2. Definitions
2.1. Depending on the context and wording of these Terms, capitalized words and/or sentences have the following meanings:
2.1.1. you (or the User) might mean:
- a visitor of the Website (referred to as “Browser”)
- an individual who have registered as member of the Website by creating a personal account (referred to as “Member”)
- a registered user of the Website who created a Content Provider account (referred to as “Content Provider”)
- registered as a participant in our Affiliate Program available at https://fap.cash/terms (referred to as “Participant of the Affiliate Program”)
2.1.2. Moreover, these Terms regulate our legal relationships with different types of your participation on our Website:
- As a Browser or as a Member: It means that you can visit our Website and enjoy available content for entertainment and recreational purposes. Please be advised, that we may ask you to pay special fees and subscriptions as described herein in order to get full access to our Website.
- As a Content Provider: It means that you can upload your content and make it available on the Website after you fulfill all obligations as described in these Terms and other internal documents of the Company. Every Content Provider has a right to take part in our Referral Program as described herein or in the special pages of our Website.
- As a Participant of the Affiliate Program: It means that you can take part in our Affiliate Program on the terms and conditions described in an integral part of these Terms available at https://fap.cash/terms.
- As a reader of our blog: Available at https://blog.faphouse.com/, where we may post useful tips and information about how our Website works.
2.1.3. Content (or Content Provider Content) means all materials that you upload, submit or otherwise make available via the Website, including videos or any other communications or profile information.
2.1.4. Third Party Content means content made available on the Website by other users, services, parties and through automated or other means which we do not control and are not responsible or liable for.
2.1.5. Proprietary Materials means Website contents, excluding Content Provider Content and Third Party Content, but including other text, graphical images, photographs, music, video, software, scripts and trademarks, service marks and logos contained therein (as well as other copyrighted material of the Company).
2.1.6. Website Content means all content available on the Website, including Content Provider Content, Third Party Content and Proprietary Materials.
3. Eligibility, Accounts and Website access
3.1. You must be at least eighteen (18) years of age to use the Website, unless the age of majority in your jurisdiction is greater than eighteen (18) years of age, in which case you must be at least the age of majority in your jurisdiction. Use of the Website is not permitted where prohibited by law. For the avoidance of doubt, the Company does not permit use of the Website by natural persons under the age of eighteen (18) years.
3.2 You also represent and warrant us that you will use Website only if (i) you are fully capable and in a healthy mental state, (ii) you are not under the influence of alcohol, drugs, or medication that have side effects on your mental state and (iii) you will fully comply with these Terms as well as Privacy Policy.
If you are not meeting this criterion or in breach thereof, you must leave the Website immediately and may not use or access the Website in any manner. The Company has the right to establish additional requirements for users, including requirements for location, age, and others.
3.3. You must create an account on the Website (an “Account”) to use all of the available Website features (as without an account Website usage is limited). You represent and warrant that all information that you provide to us when creating your Account is complete and accurate. You shall update such information when it changes or when we request it.
You also represent and warrant us that you will (i) protect your Account by creating a strong password that you will not use for any other websites; (ii) complete the registration form and comply with any required registration process requirements and steps; (iii) not use any false, inaccurate, or misleading information when creating your Account (including using impersonating, copyrighted or otherwise protected, containing links to a third-party resources or advertising, indicating or suggesting minor age, calling for actions prohibited on the Website, or vulgar or insulting for other users in the nickname).
3.4. You shall not use another person or entity’s Account without authorization. You shall be solely responsible for maintaining the confidentiality of and restricted access to your Account. You shall be solely responsible for all activities that occur under your Account. You shall notify us immediately of any breach of security or unauthorized use of your Account. Pursuant to these Terms, we shall not be liable for any losses resulting from any unauthorized use of your Account, and also you hereby agree to indemnify us and hold us harmless for any such unauthorized use. You acknowledge and understand that anyone who gains access to your Account will gain access to all of your data on your Account, including any private content and/or materials.
3.5. The consideration for your knowing acceptance of these Terms is that we are providing you the Grant of Use to use the Website as stated in these Terms. You acknowledge and agree that this consideration is adequate and that you have received the same upon use of the Website.
3.6. We may also restrict provision of Website services for your account. In this Agreement you will find several provisions which outline that certain behaviors or violations may result in the restriction of the Website and/or Company services. As a general rule, any breach of this Agreement may lead to the restriction of the provision of Website and/ or Company services or termination of your account. The decision to provide a warning or take immediate action without notice will depend on the severity of the violation of the Agreement.
4. Grant of Use and Termination
4.1. We grant you a non-exclusive, non-transferable and limited right to access, non-publicly display, and use the Website, including all content available therein on your computer or mobile device for non-commercial purposes and otherwise consistent with the Terms.
4.2. This grant is terminable by us, at will, for any reason and at our sole discretion, with or without prior notice. Upon termination, we may (but shall not be obligated to) take one (or more) of the following actions at our sole discretion and without liability to you, with or without prior notice:
- 4.2.1. issue a warning to you about the breach of the Agreement and request you to refrain from doing so;
- 4.2.2. suspend your access to all or a portion of the Website;
- 4.2.3. prevent you from completing any actions via the Website, including any part of the functionality of the Website;
- 4.2.4. remove and/or delete any of the Content you have made available on the Website;
- 4.2.5. ask you to verify your identity in order to continue using the Website;
- 4.2.6. terminate your access to the Website, delete or deactivate your Account and all related information in it;
- 4.2.7. block your e-mail and/or IP addresses or otherwise terminate your use of and ability to use the Website;
- 4.2.8. publish on the Website any related informational message that we deem appropriate;
- 4.2.9. inform any relevant authorities or government institutions;
- 4.2.10. commence and prosecute any legal proceedings.
4.3. You agree not to use or attempt to use the Website after said termination. Upon termination, the grant of your right to use the Website shall terminate, but all other portions of these Terms shall survive. You acknowledge that we are not responsible to you or any third party for the termination of your grant of use.
5. Intellectual property
5.1. Website contents, excluding Content Provider Content and Third Party Content, but including other text, graphical images, photographs, music, video, software, scripts and trademarks, service marks and logos contained therein, are owned by and/or licensed to us. All Proprietary Materials are subject to copyright, trademark and/or other rights under the laws of applicable jurisdictions, including domestic laws, foreign laws, and international conventions. We reserve all our rights over our Proprietary Materials.
Except as otherwise explicitly permitted, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Proprietary Materials and/or Website Content.
6. Content submissions
6.1. You are entirely responsible for any and all materials you upload, submit or otherwise make available via the Website, including videos or any other communications or profile information. You understand and agree that the possibility to upload Content is available only for Content Providers who agree with, have signed and act in compliance with the additional terms and conditions to this Agreement (Content Provider Supplement Agreement). Content cannot always be withdrawn. You acknowledge that any disclosure of personal information in Content may make you personally identifiable and that we do not guarantee any confidentiality with respect to Content.
6.2. You shall be solely responsible for any and all of your own Content and any and all consequences of posting, uploading, publishing or otherwise making the Content available. For any of your Content, you affirm, represent and/or warrant that:
- 6.2.1. You own or have the necessary licenses, permissions, rights or consents to use and authorize us to use all trademarks, copyrights, trade secrets or other proprietary rights in and to Content for any and all uses contemplated by the Website and these Terms;
- 6.2.2. You will not post, or allow anyone else to post, any material that depicts any individual under the age of eighteen (18) years;
- 6.2.3. You have inspected and are maintaining written documentation, pursuant to United States law 18 U.S.C. § 2257 (and whether you are subject to United States law or not) and other analogous, relevant and/or applicable laws, to confirm that all individuals in your Content are, in fact, over the age of eighteen (18) years;
- 6.2.4. You have written consent, release, and/or permission from each and every identifiable individual in the Content to use the name and/or likeness of each and every such identifiable individual to enable use of the Content for any and all uses contemplated by the Website and these Terms; and
- 6.2.5. You comply with all provisions of the Content Provider Supplement Agreement and give all warranties and guaranties towards the Content as defined in Content Provider Supplement Agreement.
6.3. You further agree that you shall not submit material that:
- 6.3.1. Is copyrighted, protected by trade secret or trademark laws, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have explicit permission from the rightful owner to submit the material and to grant us all of the license rights granted herein;
- 6.3.2. Is obscene, vulgar, illegal, unlawful, defamatory, fraudulent, libelous, harmful, harassing, abusive, threatening, invasive of privacy or publicity rights, hateful, racially or ethnically offensive, inflammatory, or otherwise inappropriate as determined by us in our sole discretion;
- 6.3.3. Depicts illegal activities, promotes or depicts physical harm or injury against any group or individual, or promotes or depicts any act of cruelty to animals;
- 6.3.4. Impersonates any person or entity or otherwise misrepresents you in any way, including creating a false identity;
- 6.3.5. Would constitute, encourage or provide instructions for a criminal offense, a violation of the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- 6.3.6. Is unsolicited or unauthorized advertising, promotion, “spam” or any other form of solicitation;
- 6.3.7 Is a short version (trailer) of the material, the full (longer) version of which is published by the Content Provider, the Content Provider's official representative or any third party on any other website(s), including the website(s) owned by the Content Provider.
- 6.3.8 Is in violation of the requirements defined herein. The material eligible for publication must:
- 6.3.8.1. be of good quality (480p and above);
- 6.3.8.2. not contain any advertisement (except as explicitly agreed by us);
- 6.3.8.3. not be a duplicate;
- 6.3.8.4. be full in length (have a clear beginning, middle and ending); not contain cut scenes (except as explicitly agreed by us);
- 6.3.8.5. not be a trailer/teaser/promotional material/behind the scenes (except as explicitly agreed by us).
- Is not compliant with all applicable laws, including but not limited to 18 U.S.C. §2257 and 28 C.F.R. 75; and you will be able to provide such documents as required.
- Is not compliant with the provisions of the Digital Millennium Copyright Act (“DMCA”).
- Is in contravention to any other rules or provisions set forth on the Website, including any rules set forth in the Website’s “Upload Rules,” or similar provisions, as may be updated from time to time.
- 8.3.1. You agree not to use the Website for any unlawful purpose or in any way that is prohibited by the Terms;
- 8.3.2. You agree to abide by all applicable local, state, national and international laws and regulations, as well as all the rules and regulations of any payment processors (the card scheme rules);
- 8.3.3. You agree not to use the Website in any way that exposes us to criminal or civil liability;
- 8.3.4. You agree that you are solely responsible for all acts and omissions that occur as a result of your use of the Website;
- 8.3.5. You agree that all your Content that you provide to us belong to you and that you have the right and authority to provide it to us;
- 8.3.6. You agree to maintain the security of your login password and to be fully responsible for any and all use of your account;
- 8.3.7. You agree not to use or attempt to use any third party’s account on the Website without authorization;
- 8.3.8. You agree not to use any automated means, including robots, crawlers or data mining tools, to download, monitor or use data or Content from the Website;
- 8.3.9. You agree not to use the Website to collect usernames and/or e-mail addresses for sending unsolicited messages of any kind;
- 8.3.10. You agree not to take any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it;
- 8.3.11. You agree not to “stalk” or otherwise harass anyone on or through the Website;
- 8.3.12. You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any information you transmit;
- 8.3.13. You agree not to disable, circumvent, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content or which enforce limitations on the use of the Website or the content therein;
- 8.3.14. You agree not to post, link to, or otherwise make available on the Website any material that contains software viruses or any computer code, file or program designed to interrupt, destroy, limit or monitor the functionality of any computer software or hardware or any telecommunications equipment;
- 8.3.15. You agree not to license, sublicense, sell, resell, transfer, assign, distribute or otherwise in any way commercially exploit or make available the Website or any content to any third party;
- 8.3.16. You agree not to “frame” or “mirror” the Website; and
- 8.3.17. You agree not to reverse engineer any portion of the Website.
- 8.3.18. You understand and agree that the download feature of Content on our Website is provided "as is" and we make no representations and/or warranties as to the availability of this feature or any specific features of it, such as speed, quality, etc. You further understand and agree that we reserve the right to limit the functionality of this feature (for reasons such as high demand, technical necessity, excessive traffic (videos) being downloaded, equipment failure, etc.) by limiting the download speed and/or by any other means we deem appropriate, in our sole discretion. You understand and agree that you shall not attempt to overcome any such limitations by the use of any method or practice whatsoever.
- 8.3.19. You agree not to remove any copyright or other proprietary notices from the Website or any of the content.
- 8.3.20. You agree not to upload, post, or otherwise make available any files or products that contain images, photographs, software or other material protected by intellectual property laws, including, for example, copyright or trademark laws (or rights of privacy or publicity) unless you own or control the rights to such material or have obtained all necessary consents;
- 8.3.21. You agree not to upload, post, or otherwise make available any submission that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. This includes, but is not limited to, submissions involving minors, animals, rape, incest, violence, blood, defecation, vomiting, persons under the influence of alcohol or drugs, unconscious or sleeping persons (this list is given as an example only and is not an exhaustive list of submissions that are forbidden on the Website);
- 8.3.22. You agree not to harm or exploit minors in any way. This includes, but not limited to, uploading, posting, emailing, or otherwise transmitting any submission involving a minor;
- 8.3.23. You agree not to upload, post, or otherwise make available any submission depicting or involving animal cruelty;
- 8.3.24. You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- 8.3.25. You agree not to upload, post, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, unless specifically designated by us for such purposes;
- 8.3.26. You agree not to use Website, or any of the Proprietary Materials contained therein, for any public display, public performance, sale or rental. You hereby agree and stipulate that any and all such uses are NOT considered “fair use”;
- 8.3.27. You agree not to infringe the rights of others;
- 8.3.28. You agree not to take any action that will impose an excessive or disproportionately heavy load on our infrastructure;
- 8.3.29. You agree not to engage in any activity that, in the sole judgement of the Company, violates the Terms or any other Company's internal policies and procedures (including informal ones), or which restricts or inhibits any other person from using the Website, or which may expose the Company, to any harm or liability of any kind;
- 8.3.30. You agree to use the Website Content for personal use only and not to share the Website Content with any other person or entity, including, without limitation, by making copies for non-personal use, placing the Website Content on file sharing services, broadcasting the Website Content, distributing the Website Content, and making any commercial use of the Website Content. You agree that none of the foregoing shall be considered “fair use.” Sharing or distributing any Content received from the Website will constitute Copyright Infringement and we and our affiliates reserve the right to take all the appropriate legal action against you for the same.
- 8.5.1. Inform you of any change to the status of your account;
- 8.5.2. Inform you about contact(s) from another Member(s);
- 8.5.3. Provide information to you regarding similar products or services;
- 8.5.4. Inform you of any significant changes made to this Agreement or any other internal rules of the Company.
- 9.3.1. you have the legal right to use the form of payment that you use and that
- 9.3.2. the information that you are providing with that form of payment is true and correct.
- 14.3.1. Identification of the copyrighted work that is believed to be infringed. Please describe the work and preferably, if possible, include a copy or the location (e.g., a URL) of an authorized version of the work;
- 14.3.2. Identification of the material that is believed to be infringing and its location. Please describe the material and provide a URL or any other pertinent information that will allow us to locate the material on the Website;
- 14.3.3. Information that will allow us to contact you, including your address, telephone number and, if available, your e-mail address;
- 14.3.4. A statement that you have a good faith belief that the use of the material complained of is not authorized by you, your agent or the law;
- 14.3.5. A statement that the information in the notification is accurate and that under penalty of perjury that you are the owner or are authorized to act on behalf of the owner of the work that is allegedly infringed; and
- 14.3.6. A physical or electronic signature from the copyright holder or an authorized representative.
- 14.4.1. Your physical or electronic signature;
- 14.4.2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- 14.4.3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- 14.4.4. Your name, address, telephone number, email address and a statement that you consent to the jurisdiction of the courts in the address you provided, the Republic of Cyprus and the location(s) in which the purported copyright owner is located; and
- 14.4.5. A statement that you will accept service of process from the purported copyright owner or its agent.
- 19.3.1. The absolute numbers of manifestly illegal content or manifestly unfounded notices or complaints submitted within the last year.
- 19.3.2. The relative proportion thereof in relation to the total number of items of information provided or notices submitted within the last year.
- 19.3.3. The gravity of the misuses, including the nature of illegal content and its consequences.
- 19.3.4. The intention of the user, where identifiable.
For the avoidance of doubt, a violation of this provision occurs when a Content Provider uploads a shorter version of the material to the Website than the long (full) version is published on the Content Provider’s own website (including paysite).
You further understand that all and any non-full-length videos will be removed from the Website and the Content Providers won’t be able to receive any compensation for them. The above is not an exhaustive list of all the prohibited/inappropriate/ineligible material and is given by way of example only. The requirements for applicable content can be changed from time to time at our sole discretion and we will publish current requirements on the Website.
6.4. We claim no ownership or control over Content or Third Party Content. You or a third-party licensor, as appropriate, retain all copyrights to Content and you are responsible for protecting those rights as appropriate. We also do not endorse any Content (unless clearly and explicitly stated otherwise by us), and expressly disclaim any and all liability in connection with Content.
6.5. You irrevocably grant us a world-wide, non-exclusive, royalty-free, perpetual, non-cancellable, sub-licensable license to reproduce, publicly perform, publicly display, distribute, adapt, modify, publish, translate, create derivative works of and otherwise exploit Content for any purpose, including, without limitation, any purpose contemplated by the Website and these Terms. We preserve the right to change the scope of the license provided under this clause, by signing a separate agreement with a Content Provider and the provisions of such separate agreement shall prevail.
You grant to the Company all copyright and license rights in the Content that you upload to the Website as set out in the Content Provider Supplement Agreement.
Furthermore, you also grant other users of the Website the right and license to display, stream and download Content in connection with their use of the Website and for other personal use. If you wish to disable the ability to download Content, you can contact the Company using the Contact us form (available at https://faphouse.com/support/contact) and the Company will consider your request and the possibility of disabling this feature. The Company shall have the sole discretion to determine whether to disable and/or enable certain features of the Website for certain Content Providers. We reserve the right, at our sole discretion, to restore the original functionality of the Website if we deem this to be appropriate from a business perspective.
You also irrevocably waive and cause to be waived against us any claims and assertions of moral rights or attribution with respect to Content.
6.6. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to Content. Specifically, you represent and warrant that you own the title to the Content, that you have the right to upload the Content to the Website, and that uploading the Content will not infringe upon any third party’s rights or your contractual obligations to third parties.
6.7. You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any Content for any reason, or for no reason at all, with or without notice.
6.8. Without limitation to the other indemnification provisions herein, you agree to defend us against any claim, demand, suit or proceeding made or brought against us by a third-party alleging that your Content or your use of the Website in violation of these Terms infringes or misappropriates the intellectual property rights of any third-party or violates applicable law and you shall indemnify us for any and all damages against us and for reasonable attorney’s fees and other costs incurred by us in connection with any such claim, demand, suit or proceeding.
6.9. Please be advised that by uploading, submitting or otherwise making available the Content via the Website, you grant rights, as described in this clause, to the Company, the operator of the Website, which is
![](https://assets-ah.flixcdn.com/emailpromo/2024/name/company_black.png )
7. Content on the Website
7.1. You understand and acknowledge that, when using the Website, you will be exposed to content from a variety of sources including content made available on the Website by other users, services, parties and through automated or other means and that we do not control and are not responsible for any Third Party Content. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or otherwise objectionable or may cause harm to your computer systems and, without limiting the other limitation of liability provisions herein, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto.
7.2. We claim no ownership or control over Third Party Content. Third parties retain all rights to Third Party Content, and they are responsible for protecting their rights as appropriate.
7.3. You understand and acknowledge that we assume no responsibility whatsoever for monitoring the Website for inappropriate content or conduct. If at any time we choose, in our sole discretion, to monitor such content, we assume no responsibility for such content, have no obligation to modify or remove any such content (including Content and Third Party Content), and assume no responsibility for the conduct of others submitting any such content (including Content and Third Party Content).
7.4. Without limiting the provisions below on limitations of liability and disclaimers of warranties, all Website Content (including Content and Third Party Content) on the Website is provided to you “AS-IS” for your information and personal use only and you shall not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any other purpose whatsoever the Website Content without the prior written consent of the respective owners/licensors of the Website Content.
7.5. You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any content for any reason, or for no reason at all, with or without notice.
7.6. As we are committed to transparency regarding our recommendation system as required under article 27 of the Digital Services Act (the "DSA"), you can learn more about it and the main parameters used as well as any options for you to influence those main parameters of our recommendation system on our EU DSA page
8. User conduct and covenants
8.1. You represent and warrant that all the information and content provided by you to us is accurate and current and that you have all necessary rights, power and authority to
8.1.1. agree to the Terms, 8.1.2. provide the Content to us, and 8.1.3. perform the acts required from you under the Terms.
8.2. You give us permission to track your use of the Website for your security and convenience. This will be done in strict compliance with our Privacy Policy available at https://faphouse.com/pages/privacy-policy.
8.3. As a condition of your use of the Website:
8.4. We reserve the right to take appropriate actions against any user for any unauthorized use of the Website, including civil, criminal and injunctive redress and the termination of any user’s use of the Website. Any use of the Website and our computer systems not authorized by the Terms is a violation of the Terms and certain international, foreign and domestic criminal and civil laws.
In addition to the termination of your Account and grant of use of the Website, any violation of this Agreement, including the provisions set out herein, shall subject you to liquidated damages of ten thousand Euros (10,000 EUR) for each violation. In the event that your violation results in legal action (whether against you or against us by any party) or physical or emotional harm to any party, you shall be subject to liquidated damages of One Hundred and Fifty Thousand Euros (150,000 EUR) for each violation. We may, in our discretion, assign any such damage claim or portion thereof to a third party that has been wronged by your conduct. These liquidated damages provisions are not a penalty, but instead an attempt by the Parties to reasonably ascertain the amount of actual damage that could occur from such a violation. You acknowledge and agree that the amount of these liquidated damages are a minimum and that if actual damages are greater you shall be liable for the greater amount.
8.5. We reserve the right to send electronic mail or other notifications to you. For some of these notifications, you have the right to unsubscribe from. We may provide you with notices by regular mail or postings to the Website as well. The purpose of this may include but is not limited to:
8.6. We also reserve the right to review and/or remove any Content uploaded and\or posted on the Website. However, the Website undertakes no obligation to monitor Content or take any such actions. We encourage you to report any violations of the restrictions specified in these Terms using our Contact us form (available at https://faphouse.com/support/contact). Uploading prohibited Content violates this Agreement, and may result in the suspension or deletion of your account as well as any other measures we may deem, in our sole discretion, as necessary (including suspension or termination of monetary payments, suspension or termination of the provision of the service in whole or in part, or visibility restrictions for the uploaded Content). The list of actions could be adjusted and\or expanded at our own discretion or if required by law.
8.7 To uphold our zero-tolerance policy against potentially illegal or inappropriate content (as stated in our Trust and Safety Policy at https://faphouse.com/pages/trust-and-safety), you agree to report any videos or images, whether real or simulated, that seem to depict minors on the Website, in the unlikely event that this such a situation occurs. If you come across any questionable content, report this immediately through our Contact us form (available at https://faphouse.com/support/contact).
8.8. We also reserve a right to temporarily or indefinitely suspend, or terminate your access and use of the Website at any time, with or without advance notice, if we believe, in our sole discretion, that you have breached any material term of this Agreement or the documents it incorporates by reference.
9. Tokens, Payments & Subscriptions
9.1. For access to Content without time or view count limitations, you will be required to purchase such access using the Website interface and instructions. You have the option to purchase different types of subscriptions that give you access to different types of Content, as described in this section.
9.2. To access specific Content on the Website, including access to watch and download certain Content, you must use our proprietary currency on the Website (“Tokens”).
Tokens have no cash value and are not exchangeable for cash. Tokens can be used solely within the Website. Tokens are a digital element of the Website's user interface with which users can interact. Prices for Tokens will be posted on the Website and may change from time to time, at our sole discretion. Prices for access to specific Content and other services and activities will also be posted on the Website and may change from time to time, at our sole discretion. Prices are subject to change and may vary due to various reasons, including special and limited promotional offers. Token (and Token prices) may be represented or indicated on the Website in the form of a real-world currency. Token(s) does not constitute currency or property of any type, but its denomination on the Website may be similar to that of real currency.
All payments, including the purchase of Tokens, must be made with your valid credit card, debit card, or other methods of payment as displayed in the Website interface that we may make available from time to time, the information of which may be kept on file by us or by our payment processing contractor. Fees for Tokens must be paid in advance of you using them.
9.3. In order to make a purchase, including to purchase Tokens, you may be asked to supply certain information to allow us to process and authorize your purchase, including, without limitation, your name, address, card number, card expiration date, card security number, account numbers, and/or other information, which will be processed in accordance with of Privacy Policy the Company. You represent and warrant that:
9.4. You acknowledge that we may use a third party for the purposes of processing or facilitating any payment and that by submitting your information to us you grant us the right to provide this information to such third parties.
During the payment process, you have the option to select 'Crownbill', the Company’s intermediary platform with third-party service providers. Please note that such third-party service providers will be responsible for processing your payment.
9.5. We reserve the right to refuse, cancel or terminate your order at any time and for any reason, at our sole discretion. Without limitation to the foregoing, we reserve the right to refuse, cancel or terminate your order because of product or service unavailability, errors in the description or price of our product or service and errors in your order.
9.6. YOUR PAYMENT METHOD ON FILE MAY BE AUTOMATICALLY CHARGED FOR YOUR FUTURE PURCHASES. YOU HEREBY AUTHORIZE US AND OUR AGENTS (INCLUDING PAYMENT PROCESSORS WE MAY USE) TO CHARGE YOUR PAYMENT METHOD ON FILE FOR SUCH PAYMENTS ON YOUR BEHALF.
9.7. You agree not to report as fraudulent, lost or stolen any form of payment which you have used in conjunction with payment to us, for which you do not have a good faith reason to believe is in fact fraudulent, lost or stolen. You agree not to report as unauthorized any charge by us for any goods or services, including subscriptions, for which you do not have a good faith reason to believe is in fact unauthorized. You agree that, and in the absence of good faith, in the event of any such report you shall be liable to us for such charge or obligation plus an additional 100 EUR administrative fee. The liability specified in this paragraph will not limit our rights or any other liability you may have for any other reason, including a breach of any other provision of these Terms.
9.8. Types of paid Services on the Website:
9.8.1. Membership Subscription Service: the Website offers you the possibility to access Content by obtaining (purchasing) its Membership Subscription Service.
The Membership Subscription Service runs on a monthly basis and is subject to automatic renewal, for 1 calendar month period at the time. Your subscription can be canceled at any time. You can cancel your Membership Subscription at any time by clicking on the “Cancel My Subscription” or similarly worded button on our Membership Subscription page. Membership Subscriptions Service can be purchased together with VR Subscriptions Service and any other types of paid services provided by the Website, but does not grant you access to VR Subscription Service and/or Fan Club Subscription Service Content. Different Subscription Services constitute separate services provided to you by the Website and does not include each other.
In case of cancellation, you will still be entitled to use the Membership Subscription Service until the end of the calendar month for which the Membership Subscription Service will be already paid for.
Please note that no refunds will be given following the cancellation of a Membership Subscription Service unless you are entitled to a refund as defined herein.
9.8.2. Fan Club Subscription Service: the Website also offers you the possibility to access exclusive content of a certain Content Provider which is unavailable for Membership Subscription Service users, by obtaining (purchasing) access to this Content Provider’s Fan Club Subscription Service.
You may have an unlimited number of Fan Club Subscriptions simultaneously.
The Fan Club Subscription Service is available for the following durations: 30 days, 90 days, and 365 days, and is subject to automatic renewal, for the same period as the previously purchased Fan Club Subscription. Your subscription can be canceled at any time. You can cancel your Fan Club Subscription at any time by clicking on the “Cancel My Subscription” or similarly worded button on Fan Club Subscription page.
In case of cancellation, you will still be entitled to use the Fan Club Subscription Service until the end of the period for which the Fan Club Subscription Service will be already paid for.
Please note that no refunds will be given following the cancellation of a Fan Club Subscription Services unless you are entitled to a refund as defined herein.
9.8.3. VR Subscription Service: the Website also offers you the possibility to access VR Content and channels by obtaining (purchasing) its VR Subscription Service.
The VR Subscription Service runs on a monthly basis and is subject to automatic renewal, for 1 calendar month period at the time. Your subscription can be canceled at any time. You can cancel your VR Subscription at any time by clicking on the “Cancel My Subscription” or similarly worded button on our VR Subscription page. VR Subscriptions Service can be purchased together with Membership Subscriptions Service, but grants access only to specific Content marked by “VR” tag, category or similar syntaxis or other means which distinct this type of Content in the Website interface. This means that you will not be able to gain access to Content that is accessible with Membership Subscription Service by obtaining VR Subscription Service. Different Subscription Services constitute separate services provided to you by the Website and does not include each other.
In case of cancellation, you will still be entitled to use the VR Subscription Service until the end of the calendar month for which the VR Subscription Service will be already paid for.
Please note that no refunds will be given following the cancellation of a VR Subscription Service unless you are entitled to a refund as defined herein.
9.8.4. Video on demand: the Website also offers you the possibility to access specific Content on the Website, including access to watch and download (if applicable) certain Content. This is possible via use of our proprietary currency on the Website, Tokens. The Content accessed this way may be downloaded only if such opportunity is enabled for the users by the Content Provider.
9.9. Additional paid services may be made available on the Website by the Company or third parties at our sole discretion, provided "as is" and without any warranty or condition, express, implied or statutory. The terms and conditions of use and payment for any such additional paid services will be displayed and described on the Website interface.
10. Refund Policy:
10.1. We clearly mention on our Website which types of content users may see or download (if applicable). It is explicitly clear which types of content will be available to users upon payment of different types of subscription and upon obtaining or spending Tokens.
Additionally, the Website also shows previews or summaries of each of the videos available on the Website to inform Users about the content they will receive access to after payment. In each preview, the duration of the full video is indicated.
Therefore, the Website offers sufficient information about the videos and the nature of the services to Users, in order to be able to decide on proceeding with the purchase of the services. By making a purchase, the Users provide us with the consent to begin the performance of the Agreement and acknowledge that the Users may lose the right of withdrawal (refund) as described below.
10.2. Users have the right of withdrawal within 14 days from concluding the contract for online digital content upon payment of such contract. However, once Users have started downloading or watching even a single piece of the content, Users may no longer withdraw from the purchase, provided that the Company has complied with its obligations. Please also note that specific payment methods do not provide refund options. When using such payment methods, you acknowledge and agree that refunding in such a case will not be possible, and will not hold the Company accountable.
10.3. If you want to exercise the right of withdrawal because you didn’t start to download or watch the content, you can contact us using our contact form, and we will review the case.
Notwithstanding the above, we may, at our sole discretion and on a case-by-case basis, issue a refund. You are responsible for ensuring that your order is correct before purchasing Tokens or content from the Website or making another type of payment within the Website.
10.4. If at any time we terminate your right to use the Website because of a breach of the Terms from your side, you shall not be entitled to a refund of any portion of your unused Tokens. In all other respects, such fees shall be governed by additional rules, terms, conditions or agreements posted on the Website and/or imposed by any sales agent or payment processing company, as may be amended from time to time. If we, at our sole discretion, provide you a refund, the refund will only be in the form of payment with which you made the original purchase.
11. Content Provider Supplement
11.1. If you are a Model/Performer and/or Business which content is being uploaded and made available on the Website (“Content Provider”), you must sign up for a special account specifically for Content Providers and you must agree to be bound by the terms and conditions of use for the Content Provider (Content Provider Supplement Agreement) in addition to the Terms. You must further provide all the information and documents requested by us. The provisions of the Content Provider Supplement Agreement are incorporated herein by reference and the Terms are incorporated by reference into the Content Provider Supplement Agreement. As used herein, “Account” includes a special Content Provider Account.
11.2. Please be advised, that the Company has implemented additional conditions to the Terms to regulate our relationships with Content Providers. Such conditions constitute an integral part of the Terms and are available at https://studio.faphouse.com/pages/studio-terms-of-use.
12. Advertising page
12.1. Each Content Provider has the right to create a special web page of its studio, which can be used by the said Content Provider for advertising purposes (“Advertising page”).
Advertising page will be created by the Company on the special domain name https://joinmy.fans/, which is operated by us.
Advertising pages can be used by the Content Provider to share with Users, Browsers, Members and other third parties. Users, Browsers, Members and other third parties can make purchases from the Advertising page according to rules described herein.
13. Privacy Policy
13.1. We retain a separate Privacy Policy and your assent to these Terms also signifies your assent to the Privacy Policy. We reserve the right to amend the Privacy Policy at any time by posting such amendments to the Website. No other notification may be made to you about any amendments. Your continued use of the Website following such amendments will constitute your acceptance of such amendments. Our Privacy Policy is available at https://faphouse.com/pages/privacy-policy.
14. Copyright and Intellectual Property Claims
14.1. We respect the intellectual property rights of others. You may not infringe the copyright, trademark or other proprietary informational rights of any party. We may, at our sole discretion, remove any Content we have reason to believe violates any of the intellectual property rights of others and may terminate your use of the Website if you submit any such Content(s).
14.2. REPEAT INFRINGER POLICY: AS PART OF OUR REPEAT-INFRINGEMENT POLICY, ANY USER FOR WHOSE MATERIAL WE RECEIVE THREE GOOD-FAITH AND EFFECTIVE COMPLAINTS WITHIN ANY CONTINUOUS SIX-MONTH PERIOD MAY HAVE HIS GRANT OF USE OF THE WEBSITE TERMINATED AT OUR SOLE DISCRETION AND NOT SUBJECT TO CHANGE.
14.3. Although we are not subject to United States law, we voluntarily comply with the Digital Millennium Copyright Act (DMCA). Pursuant to Title 17, Section 512(c)(2) of the United States Code, if you believe that any of your copyrighted material is being infringed on the Website, we have designated an agent to receive notifications of claimed copyright infringement. Notifications should be sent to us through our Contact us form (available at https://faphouse.com/support/contact) or sent to:
![](https://assets-ah.flixcdn.com/emailpromo/2024/name/terms_agent_black.png)
All notifications not relevant to us or ineffective under the law will receive no response or action thereupon. An effective notification of claimed infringement must be a written communication to our agent that includes substantially the following:
14.4. If your Content is removed pursuant to a notification of claimed copyright infringement, you may provide us with a counter-notification, which must be a written communication to our above listed agent and satisfactory to us that includes substantially the following:
15. Modification of the Terms
15.1. We may update these Terms from time to time. If you do not read and accept these Terms in its entirety, you should not use or continue using the Website. You accept that in case you have not read and accepted the amended Terms and continue to use the Website, the current version of the Terms will be applicable to you.
We reserve the right to alter, amend, or modify these Terms from time to time, at our sole discretion. We will provide you with a notice of such changes by appropriate means (i.e. sending an email, providing notice on the homepage of the Website, by posting the amended Terms on the Website and updating the "Last Modified" date at the top of these Terms, or any other option we deem appropriate and compliant with applicable legislation). The amended Terms will be deemed effective immediately upon posting on Website.
It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website following any changes to these Terms constitutes acceptance of those changes. Any updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. If you disagree with the amends made to the Terms, then please stop using the Website and cease your access.
16. Indemnification and Release
16.1. You hereby agree to indemnify us and hold us harmless from any and all damages and third-party claims and expenses, including attorney’s fees, arising from your use of the Website or from your breach of the Terms.
In the event that you have a dispute with one or more other users or any third parties, you hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Website.
17. Disclaimer of Warranties and Limitations of Liabilities
Read this section carefully as it limits our liability to the maximum extent permitted under applicable law.
17.1. The Website may contain links to third-party websites which are independent of us. We assume no responsibility for the content, privacy policies, or practices of and make no representation or warranty as to the accuracy, completeness or authenticity of information contained in any third-party websites. We have no right or ability to edit the content of any third-party websites. You acknowledge that we shall not be liable for any and all liability arising from your use of any third-party websites.
17.2. The Website is provided “AS-IS” and without any warranty or condition, express, implied or statutory. We specifically disclaim to the fullest extent any implied warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, integration, interoperability or quiet enjoyment. We disclaim any warranties for viruses or other harmful components in connection with the Website. Some jurisdictions do not allow the disclaimer of implied warranties, therefore in such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to such implied warranties.
17.3. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER, WITHOUT LIMITATION, SUCH DAMAGES ARISE FROM (i) YOUR USE, MISUSE OR INABILITY TO USE THE WEBSITE, (ii) YOUR RELIANCE ON ANY CONTENT ON THE WEBSITE(S), (iii) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR COMPLETE DISCONTINUANCE OF THE WEBSITE(S) OR (iv) THE TERMINATION OF SERVICE BY US. THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE WEBSITE(S). SOME JURISDICTIONS DO NOT ALLOW SOME LIMITATIONS OF LIABILITY, THEREFORE, IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
WE DO NOT WARRANT THAT (i) THE WEBSITE(S) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE WEBSITE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE(S) WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE(S) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (v) ANY ERRORS IN CONTENT WILL BE CORRECTED.
ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE(S) IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE(S) OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE WEBSITE(S). WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE(S) OR RELATED TO THE TERMS EXCEED 50 EUR.
18. Out-of-court dispute settlement, Arbitration Provisions and Governing Laws
18.1. Binding Arbitration: If there is a dispute between the parties arising out of or otherwise relating to this Agreement, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party must submit the issue to binding arbitration in accordance with applicable Arbitration Ordinance. Claims subject to arbitration (“Arbitral Claims”) shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims by us under applicable worker’s compensation law, unemployment insurance claims, intellectual property claims (including but not limited to claims involving copyrights, trademarks, patents, unfair competition, and/or trade secrets), along with actions (regardless of the underlying cause of action) seeking injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be conducted in the Republic of Cyprus, in a convenient location agreed to by the parties, or absent such agreement, selected by the Arbitrator. The arbitration shall be conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall be willing to execute an oath of neutrality.
The Arbitrator shall have no authority to award any punitive or exemplary damages, certify a class action, add any parties, or vary or ignore the provisions of this Agreement. The arbitrators shall be bound by and apply Cyprus law to any dispute submitted for arbitration hereunder, and this Agreement shall be interpreted in accordance with the laws of Cyprus. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. The parties hereby waive any rights they may have to trial by jury in regard to arbitral claims.
18.2. No waiver of right to arbitration: There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving party to the other party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.
No action, regardless of form, arising out of or in conjunction with the subject matter of this Agreement, except for claims involving intellectual property, claims to recover outstanding amounts due to us and claims for indemnification, may be brought by any party more than one (1) year after the cause of action arose.
18.3. Under Article 21 of the DSA, if you are located within the European Union, you also have the right to opt for out-of-court dispute resolution concerning decisions referred to in article 20(1) of the DSA, including unresolved complaints per our internal complaint-handling system (appeal system). You may select any certified out-of-court dispute settlement body established in the Republic of Cyprus, capable of resolving disputes in the English or Greek language. The right to opt for out-of-court dispute resolution is without prejudice to your right to initiate proceedings in a court, in accordance with applicable law.
19. Measures and protection against misuse under article 23 of the DSA.
In accordance with the provisions on article 23 of the DSA, we may take appropriate action against users (individuals or entities) who frequently submit notices that are manifestly unfounded and are submitted in an unusually large number/volume.
19.1. Suspension of services. We reserve the right to suspend the provision of Website and/or Company services for a reasonable period of time to users that provide manifestly illegal content. Such suspension shall occur after the issuance of a prior warning to the user, depending on the severity of the violation.
19.2. Suspension of notice and complaint processing. We reserve the right to suspend, for a reasonable period of time, the processing of notices and complaints submitted through Website notice and action mechanisms (available via Contact us form at https://faphouse.com/support/contact) and internal complaints-handling systems (appeal procedure which is also available via Contact us form at https://faphouse.com/support/contact) if they are frequently found to be manifestly unfounded. Prior to suspension, a warning will be provided to the complainant, depending on the severity of the violation.
19.3. Assessment Criteria. When determining whether suspension is warranted under paragraphs above, the Company will assess the behavior of the user on a case-by-case basis. This assessment will be conducted in a timely, diligent, and objective manner, taking into account the following circumstances:
20. Internal complaint handling system.
20.1. Under article 20 of the DSA you have the right to appeal decisions made by the Company through our internal complaint-handling system. This system allows you to lodge complaints against decisions related to content removal or visibility, service suspension, account termination, or monetization restrictions. You can utilize the appeal system within six (6) months of receiving the statement of reasons about our decision, using our Contact us form at https://faphouse.com/support/contact. Once we receive your appeal, a responsible team will review it and inform you promptly of its outcome.
21. General Terms
21.1. The Terms, as amended from time to time, constitute the entire agreement between you and us and supersede all prior agreements between you and us and may not be modified without our written consent.
21.2. Our failure to enforce any provision of the Terms will not be construed as a waiver of any provision or right.
21.3. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
21.4. Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
21.5. The Terms are not assignable, transferable or sub-licensable by you except with our prior written consent, but may be assigned or transferred by us without restriction.
21.6. Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
21.7. The section titles in the Terms are for convenience only and have no legal or contractual effect.
21.8. As used in the Terms, the term “including” is illustrative and not limitative.
21.9 If the Terms or any other documents between you and us are translated and executed in any language other than English and there is any conflict between the translation and the English version, the English version shall prevail.