Terms of service

BY USING OUR WEBSITE, YOU AGREE TO THESE TERMS; READ THEM CAREFULLY
  1. Introduction: These Terms of Use for all users govern your use of MyHornyBook and your agreement with us.
  2. Interpretation: In the Terms of Service:
    1. we refer to our website as " MyHornyBook ", including when accessed through the URL www.myhornybook.com or through any web browser;
    2. references to "we", "our", "us" are references to JR Marquez, the operator of MyHornyBook;
    3. "Content" means any material uploaded to MyHornyBook by any User (whether a Creator or a Fan), including photos, videos, audio (for example, music and other sounds), live streaming material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes and any other material;
    4. "Creator" means a User who has set up their MyHornyBook account as a Creator account to post Content to MyHornyBook for other Users to view;
    5. "Fan" means a User who follows a Creator and can view the Creator's Content;
    6. "Fan Payment" means any and all payments made by a Fan to a Creator, including payments for access to a Creator's Content, for interaction with the Creator, for obtaining new Creator Content, for subscribing to the Creator account, to use the fan interaction feature on the Creator account and any tips paid by a Fan to the Creator;
    7. "Referring User" means a User who participates in the MyHornyBook Referral Program;
    8. "Standard Fan-Creator Agreement" means the terms that govern each transaction between a fan and a creator on MyHornyBook;
    9. "Terms of Service" (also called "your agreement with us") means the legally binding agreement between you and us;
    10. "Spain" means Spain within Europe; Y
    11. "User" means any user of MyHornyBook, whether a Creator or a Fan or both (also known as "you" or "your").
  3. How We May Change the Terms of Service : We may change any part of the Terms of Service without notice to you in the following circumstances:
    1. to reflect changes in laws and regulatory requirements that apply to MyHornyBook and MyHornyBook services, features and programs where such changes require MyHornyBook to change its terms and conditions in a manner that does not allow us to give you reasonable notice; Y
    2. to address an unforeseen and imminent danger related to defending MyHornyBook, Fans, or Creators from fraud, malware, spam, data breaches, or other cybersecurity risks.
We may also make other changes to any part of the Terms of Service, and we will reasonably notify you of such changes by email or through MyHornyBook, and you may contact us to terminate your agreement with us before the changes become effective. Once the updated Terms of Service become effective, you will be bound by them if you continue to use MyHornyBook.
  1. We may make changes to, suspend or withdraw MyHornyBook: We may update and change MyHornyBook from time to time for any reason, including to reflect changes in our services, user needs and business practices or to improve performance, improve functionality or address safety. issues. We will try to notify you in advance of any important changes. We do not guarantee that MyHornyBook, or any content in it, will always be available or accessible without interruption. We may suspend, withdraw or restrict the availability of all or part of MyHornyBook for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.
  2. Register with MyHornyBook: To use MyHornyBook, you must first register and create a MyHornyBook user account. You must provide a valid email address, username and password or authenticate with a valid Twitter or Google account. Your password must be unique (meaning it is different from the ones you use for other websites) and must meet the MyHornyBook site's technical requirements for password composition. To register as a user:
    1. you must be at least 18 years old and you will be asked to confirm this;
    2. If the laws of the country or state/province where you live state that you can only be legally bound by a contract with us at an age that is over 18, then you must be old enough to be legally bound by a contract. with us under the laws of the country or state/province where you live; Y
    3. You should not be prohibited from accessing our platform under the laws that apply to you.
If you do not meet the above requirements, you must not access or use MyHornyBook.
  1. Your commitments to us: When you register and use MyHornyBook, you make the following commitments to us:
    1. If you previously had an account with MyHornyBook, you confirm that your previous account was not terminated or suspended by us because you violated any of our terms or policies.
    2. You will ensure that all information you submit to us is true, accurate and complete.
    3. You will promptly update any information you have submitted to us as it changes.
    4. You agree to receive communications from us electronically, including emails and messages posted to your MyHornyBook account, and to the processing of your personal data as further detailed in our Privacy Policy.
    5. You will keep your account/login details confidential and secure, including your user details, passwords and any other information as part of our security procedures, and not disclose them to anyone else. You will contact  [email protected]  immediately if you believe that someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session, and to take special care when accessing your account from a shared or public computer so that others cannot access, view, or record your password or other personal information.
    6. You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.
    7. You will fully comply with these Terms of Use for all users, our Acceptable Use Policy, and all other parts of the Terms of Service that apply to your use of MyHornyBook.
  2. Rights we have, including to suspend or terminate your account:
    1. We may, but are not required to, moderate or review your Content for compliance with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law.
    2. It is our policy to suspend access to any Content you post on MyHornyBook that we become aware of may not comply with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law while we investigate the alleged non-compliance. or illegality of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at  [email protected] our investigation of the suspected breach or illegality of the Relevant Content, we may take any action we deem appropriate, including reinstating access to the Content or permanently removing or disabling access to the Relevant Content without obtaining your consent and without notice to you. previously. You agree that, at your own expense, you will promptly provide us with all reasonable assistance (including providing us with copies of any information we request) in our investigation. We will not be liable for any loss suffered by you arising from the suspension of access to your Content or any other steps we take in good faith to investigate any suspected breach or illegality of your Content under this section.
    3. If we suspend access to your Content or remove it, we will notify you by email or electronic message to your MyHornyBook account, but we are not required to provide you with prior notice of such removal.
    4. We reserve the right, in our sole discretion, to terminate your agreement with us and your access to MyHornyBook for any reason by giving you 30 days' prior notice by email or electronic message to your MyHornyBook account. We may also suspend access to your user account or terminate your agreement with us and your access to MyHornyBook immediately and without notice:
      • if we believe that you have or may have seriously or repeatedly violated any part of the Terms of Service (including, in particular, our Acceptable Use Policy), or if you attempt or threaten to violate any part of the Terms of Service in a way that has or could have serious consequences for us or another User; either
      • if you take any action that, in our opinion, has caused or is reasonably likely to cause us to suffer a loss or otherwise damage the reputation of MyHornyBook.
If we suspend access to your user account or terminate your agreement with us and your access to MyHornyBook, we will let you know. During any period in which access to your user account is suspended, Fan Payments that would otherwise have become due during the suspension period will be suspended, and we may retain all or part of the Creator Earnings that are due to you. owed but not yet paid. in accordance with section 13 of the Creators Terms of Use.
  1. Upon termination of your account, we may treat your Content as appropriate in accordance with our Privacy Policy (including deleting it) and you will no longer have the right to access your Content. There is no technical function in MyHornyBook for you to access your Content after the cancellation of your account.
  2. We may investigate any alleged or suspected misuse, abuse, or illegal use of MyHornyBook and cooperate with law enforcement agencies in any such investigation.
  3. We may disclose any information or records we have or control about your use of MyHornyBook to law enforcement agencies in connection with any law enforcement investigation of any alleged or suspected illegal activity, or in response to a court order.
  4. We may change the third party payment providers we use, and if we do, we will notify you and store the relevant details in your MyHornyBook account.
  5. Other than the Content (which is owned or licensed to the Creators), all rights in and to MyHornyBook and all of its content, features, databases, source code, and functionality are owned by us and/or our licensors. Such material is copyrighted and may be protected by trademark, trade secret, and other intellectual property laws.
  6. We are the sole and exclusive owner of any and all anonymized data related to your use of MyHornyBook and such anonymized data may be used by us for any purpose, including commercial, development and research purposes.
  7. What we are not responsible for: We will use reasonable care and skill in providing MyHornyBook to you, but there are certain things for which we are not responsible, as follows:
    1. We do not authorize or endorse the Content on MyHornyBook, and the opinions expressed by Creators or Fans on MyHornyBook do not necessarily represent our opinions.
    2. We do not grant you any rights in connection with the Content. These rights can only be granted to you by the Creators.
    3. Your content can be viewed by people who recognize your identity. We will not be liable in any way to you if you are identified from your Content. While we may, from time to time and in our sole discretion, offer certain geolocation or geolocation technology on MyHornyBook, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology, and you will have no claim against us arising from its use. or reliance on any geolocation or geofencing technology on MyHornyBook.
    4. All content is created, selected and provided by users and not by us. We are not responsible for reviewing or moderating the Content, and we do not select or modify the Content that is stored or transmitted through MyHornyBook. We have no obligation to monitor Content or detect violations of the Terms of Service (including the Acceptable Use Policy).
    5. You agree that you are under no obligation to follow any suggestion, comment, review or instruction received from another MyHornyBook User and that if you choose to do so, you do so at your own risk.
    6. We make no promises or guarantees of any kind that Creators or Referring Users will earn a certain amount of money (or any money) for the use of MyHornyBook (including the MyHornyBook Referral Program).
    7. The materials we make accessible on MyHornyBook for Users are for general information only. We make no promises or warranties about the accuracy or otherwise of such materials, or that Users will obtain any particular result or result from the use of such materials.
    8. We do not promise that MyHornyBook will be compatible with all devices and operating systems. You are responsible for configuring your information technology, device and software to access MyHornyBook. You must use your own virus protection software.
    9. We are not responsible for the availability of the Internet or for any errors in your connections, device or other equipment or software that may occur in connection with your use of MyHornyBook.
    10. While we try to ensure that MyHornyBook is safe and free of bugs and viruses, we cannot promise that it will be and we have no control over Content provided by Creators.
    11. We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activity or resulting unauthorized payments or withdrawals.
    12. You acknowledge that once your Content is posted on MyHornyBook, we cannot control and will not be liable to you for the use of such Content by other Users or third parties. You may delete your account at any time, but you acknowledge that deletion of your account will not by itself prevent the circulation of your Content that may have been recorded by other Users in violation of the Terms of Service or by third parties prior to deletion of your account. bill.
  8. Intellectual property rights - ownership and licenses:
    1. You confirm that you own all intellectual property rights (examples of which are copyrights and trademarks) in your Content or that you have obtained all necessary rights in your Content that are required to license your Content to us. and to other Users. This includes any rights required to participate in the acts covered by subsection 10(b) below in any territory in which MyHornyBook is accessible, and in particular in the United States of America, Spain and the European Union.
    2. You agree to grant us a license in all of your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of MyHornyBook. Such acts include reproducing, making available to the public and communicating to the public, displaying, performing, distributing, translating and creating adaptations or derivative works of your Content and otherwise processing your Content.
    3. The license you grant to us under subsection 10(b) above is perpetual, non-exclusive, worldwide, royalty-free, sub-licensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using MyHornyBook, that we do not have to pay you for the license, and that we may sublicense your Content to someone else or assign or transfer the license to someone else. . This license will allow us, for example, to add stickers, text and watermarks to your Content, to make your Content available to other MyHornyBook Users, as well as to use your Content for other normal MyHornyBook operations. We will never sell your Content to other platforms,
    4. Although we do not own your Content, you grant us the limited right to send notice of infringement (including copyright or trademark) on your behalf to any third-party website or service that hosts or deals with infringement of copies of your Content without your permission. Although we are under no obligation to do so, we may at any time post or withdraw such notice to any third party website or service as we deem appropriate. However, we have no obligation to monitor your Content for infringement. You agree that upon request, you will provide us with all consents and other information we reasonably need to submit infringement notices on your behalf.
    5. You waive any moral rights you may have under any applicable law to object to derogatory treatment of any Content posted by you on MyHornyBook. This waiver does not in any way affect your ownership of any intellectual property rights in your Content or the rights you have to prevent your Content from being copied without your permission. The waiver is intended to allow us, when dealing with your Content (as permitted by the license you grant us in section 10(b) above), to add watermarks, stickers, or text to your Content.
  9. Twitter: Users have the ability to connect an active Twitter account to their MyHornyBook account and share certain content in the form of MyHornyBook posts on Twitter using the sharing feature. If you use this feature, you must comply fully with Twitter's terms of service from time to time with respect to any Content shared in this manner.
  10. Linking to and from MyHornyBook:
    1. Links to MyHornyBook:
      • You may link to the MyHornyBook home page, provided 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 by us.
      • If you are a Creator, when promoting your Creator account, you must comply with our Terms of Service and the terms of service of any other website where you link to or promote your Creator account. When promoting your Creator account, you must not impersonate MyHornyBook or give the impression that we are promoting your Creator account if this is not the case. You must not promote your MyHornyBook account through the use of Google Ads or any similar advertising platform or search engine advertising service.
    2. MyHornyBook Links: If MyHornyBook contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be construed as an endorsement by us of those linked websites or the information you may obtain from them. We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to MyHornyBook, you do so at your own risk and subject to the terms and conditions of use of such websites.
  11. How do I delete my account? If you wish to delete your MyHornyBook account, you can do so in the 'User Account' section of your MyHornyBook account.
    1. If you are a Fan, deletion of your account will take place within a reasonable time after your request.
    2. If you are a Creator, once you initiate the "delete account" process, your account will remain open until the last day of your Fans' paid subscription period, after which you will receive your final payment and your account will be deleted.
    3. If you are a fan and creator, your account will be deleted in two stages (first fan and then creator).
    4. Once your account is deleted, you will not be charged any additional amounts or have access to your previous MyHornyBook account or its Content, and subscriptions will be deleted and cannot be renewed thereafter. You will receive an email confirmation after the successful deletion of your account. Once your account has been deleted, we may treat your Content as appropriate in accordance with our Privacy Policy (including deleting it) and you will no longer have the right to access your Content. There is no technical function in MyHornyBook for you to access your Content after the cancellation of your account.
  12. Who is responsible for any loss or damage suffered by you?
    1. If you are a consumer or business user: We do not exclude or limit in any way our liability to you where it is illegal to do so. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and (ii) fraud or fraudulent misrepresentation.
    2. If you are a Consumer User: If you are a Consumer User, you agree that:
      • We and our subsidiary companies, employees, owners, representatives and agents shall not be liable to you for any loss of profits, loss of business or income, business interruption, loss of business opportunity or loss of anticipated savings that you suffer due to or in connection with with your use of MyHornyBook.
      • If you are a Consumer User and reside in the United States of America, our total liability to you for claims arising out of or in connection with your agreement with us will be limited to EUR 250 per claim.
    3. If you are a business user: If you are a business user, you agree that:
      • We and our subsidiaries, employees, owners, representatives and agents:
        • exclude (to the extent permitted by law) all implied conditions, warranties, representations or other terms that may apply to MyHornyBook or any content therein. This means that if the Terms of Service do not expressly include a promise or undertaking on our part, then one cannot be implied by law;
        • we are not liable to you for any loss or damage suffered by you that is not a foreseeable result of our breach of the Terms of Service or our lack of reasonable care and skill. The loss or damage is foreseeable if it is obvious that it will happen or if, at the time you accepted the Terms of Service, both we and you knew that it might happen;
        • > will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising out of or in connection with:
          • your inability to use MyHornyBook or any of its services, features or programs; either
          • your use of or reliance on any content (including the Content) stored on MyHornyBook;
        • will not be liable to you for:
          • lost profit;
          • loss of sales, business or income;
          • business interruption;
          • loss of anticipated savings;
          • loss of business opportunities, goodwill or reputation;
          • loss of data or information, including any Content; either
          • indirect or consequential loss or damage;
        • will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of MyHornyBook or any of its services, features or programs, or due to your downloading of any material posted on it, or on any website linked to it;
        • will not be liable to you if your Content is copied, distributed, republished elsewhere, or if another User or third party infringes on your copyrights;
        • will not be liable to you for any disclosure of your identity, or any disclosure or publication of your personal information by other Users or third parties without your consent (also known as "doxing");
        • will not be liable to you for any failure or delay on our part in complying with any part of the Terms of Service arising from events beyond our reasonable control. If there is any failure or delay on our part in complying with any part of the Terms of Service arising from an event beyond our reasonable control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. .
      • Our total liability to you for any and all claims arising out of or related to your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to greater of the following:
        • 100% of the total fees paid by you to us in connection with your use of MyHornyBook; Y
        • €5,000.
  13. General: You agree that:
    1. If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
    2. If we do not enforce any aspect of your agreement with us, it will not be a waiver;
    3. We reserve all rights not expressly granted to you.
    4. No implied licenses or other rights are granted to you in connection with any part of MyHornyBook, except as expressly set forth in the Terms of Service.
    5. Your agreement with us does not grant any rights to third parties, except for the exclusions and limitations of liability in the section entitled Who is responsible for any loss or damage suffered by you? may be executed by our subsidiaries, employees, owners, representatives and agents.
    6. You may not transfer your rights or obligations under your agreement with us without our prior written consent.
    7. Our rights and obligations under your agreement with us may be assigned or transferred by us to others. For example, this could happen if our ownership changes (such as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate the performance of any of our obligations under your agreement with us to any third party, but we will remain liable to you for the performance of those obligations.
    8. The Terms of Service form the entire agreement between us and you regarding your access to and use of MyHornyBook, and supersede any and all prior oral or written understandings or agreements between us and you.
  14. Dispute Related Terms – The law that applies to your agreement with us and where disputes and claims related to MyHornyBook may be brought (including those arising out of or related to your agreement with us):
    1. For consumers (Fans):
      • Consumers - Law:
        • If you are a consumer, your agreement with us is governed by Spanish law and Spanish law will apply to any claim you have against us or that we have against you arising out of or in connection with your agreement with us (including disputes not contracts or claims). You will also be able to rely on the mandatory rules of the law of the country where you live.
      • Consumers: where to file complaints:
        • If you are a consumer residing in Spain or the European Union, any claim arising out of or in connection with your agreement with us (whether by you against us or us against you, including non-contractual disputes or claims) may be brought to the courts of England and Wales or the courts of the country where you live.
        • If you are a consumer residing outside of the United Kingdom or the European Union, any claim arising out of or in connection with your agreement with us (whether by you against us or us against you, and including non-contractual disputes or claims) must be taken to the courts of England and Wales.
    2. For business users (creators and referral users):
      • Business Users - Law:
        • If you are a Business User, your agreement with us and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its object or formation will be governed by Spanish law, without taking into account provisions on conflict of laws.
      • Business Users - Where to File Claims:
        • If you are a Business User, you and we agree that the courts of England and Wales will have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) that you have against us or that we have against you arising out of or in connection with your agreement with us or your object or formation.
    3. Limitation Period for Bringing Claims: Except where prohibited by applicable law, any claim or cause of action you have with respect to MyHornyBook (including those arising out of or related to your agreement with us) must be filed within one year after the date such claim or cause of action arose or the date you learned of the facts giving rise to the cause of action (whichever comes first), or you will be barred forever.
If there is any conflict between these Terms of Use for All Users and any of the terms or policies listed in section 17 (a) through (g) above, the Terms of Use for All Users will apply to the extent of the conflict.
Last updated: March 2021 FAN
TERMS OF USE
BY USING OUR WEBSITE AS A FAN, YOU AGREE TO THESE TERMS; READ THEM CAREFULLY
  1. Introduction: These Fan Terms of Use are additional terms that apply if you use MyHornyBook as a fan (also referred to as “you” and “your” in these Fan Terms of Use). These Fan Terms of Use are part of your agreement with us.
  2. Interpretation: In these Fan Terms of Use, defined terms have the same meaning given to them in the Terms of Use for all users. Besides:
    1. "Subscription" means a Fan's monthly subscription to a Creator's account;
    2. "VAT" means the Spanish value added tax and any other tax added to or substituted for it at the rate imposed from time to time and any equivalent or equivalent governmental, state, federal, provincial or municipal tax, charge or excise tax similar, duty, imposition or encumbrance in any other jurisdiction; Y
    3. "Tax" shall include all forms of taxes and charges, duties, taxes, contributions, levies, withholdings or statutory, governmental, state, federal, provincial, local or municipal liabilities, as long as they are attributable and from Spain or any other jurisdiction.
  3. Your commitments to us: You warrant (meaning you make a legally enforceable promise) that:
    1. you are at least 18 years old;
    2. If the laws of the country or state/province where you live stipulate that you can only be legally bound by a contract with us at an age that is over 18, then you are old enough to be legally bound by a contract with us under the laws the country or state/province where you live; Y
    3. You are not prohibited from accessing MyHornyBook under the laws that apply to you.
  4. Content – ​​General Terms – In addition to the terms set forth elsewhere in the Terms of Service (particularly our Acceptable Use Policy), the following terms apply to Content posted, displayed, uploaded or posted by you as a Fan on MyHornyBook:
    1. You warrant (meaning you make a legally enforceable promise to us) that for each item of Content you post, display, upload or post to MyHornyBook:
      1. the Content fully complies with the Terms of Service (and in particular our Acceptable Use Policy);
      2. you own your Content (and all intellectual property rights) or have a valid license to your Content; Y
      3. If your Content includes or uses any third party material, you have obtained all rights, licenses, written consents, and releases that are necessary for the use of such third party property in your Content and for the further use and exploitation of that Content on MyHornyBook. .
    2. You agree that you will be liable to us and indemnify us if any of the warranties in section 6(a) are false. This means that you will be liable for any loss or damage we suffer as a result of the warranty being false.
    3. We are not responsible for and do not endorse any aspect of any Content posted by you or any other MyHornyBook User. We have no obligation to monitor any Content and we have no direct control over what may comprise your Content.
  5. Adult Material: You acknowledge that you are aware that some of the Content on MyHornyBook contains adult material and you agree to take this into account when deciding where to access and view the Content. We will not be liable to you if you suffer any loss or damage as a result of your accessing or viewing Content containing adult material in a manner that places you in breach of any contract you have with a third party (for example, your employment contract). or in contravention of any applicable law.
  6. Fan Subscriptions and Purchases: This section describes the terms that apply to transactions and interactions between Fans and Creators:
    1. All transactions and interactions facilitated by MyHornyBook are contracts between Fans and Creators under the terms of the standard Fan-Creator Agreement. Although we facilitate transactions and interactions between Fans and Creators by providing the MyHornyBook platform, storing Content, and acting as a payment intermediary, we are not a party to the standard Fan-Creator Agreement or any other agreement that may exist between a Fan and Creator, and we are not responsible for any transaction or interaction between Fans and Creators.
    2. The Creators are solely responsible for determining (within MyHornyBook's pricing parameters) the prices applicable to transactions and interactions and the Content to which you may be given access. All prices appear in EUR only.
    3. Fan payments do not include VAT, which will be added at the current rate as applicable to fan payments.
    4. In order to view a Creator's Content and/or use the fan engagement feature on MyHornyBook, you must first add a payment card to your account and then click the 'Subscribe' button on the relevant Creator's profile.
    5. You authorize us to provide your payment card details to a third party payment provider for the purpose of processing your Fan Payment. All fan payments will be charged in EUR. Your payment card provider may charge you currency conversion fees. We have no control over currency exchange rates or charges imposed by your payment card provider or bank and we are not responsible for paying any charges or fees imposed by your payment card provider or bank.
    6. If you choose to provide details of two or more payment cards, if you attempt to make a Fan Payment from the first card and the card is declined for any reason, the other payment card will be used to collect the entire Fan Payment.
    7. The payment provider will take (i) monthly payments from your payment card for fan payments that are subscriptions; and (ii) immediate payments from your payment card for Ad Hoc Fan Payments, such as using the fan engagement feature on a Creator's account or paying a Creator a tip. You authorize and consent to each of these payments being charged using your provided payment card details.
    8. Aside from free trial subscriptions, all subscriptions to a creator's profile will automatically renew at the end of the monthly subscription period, unless your payment card was declined, the subscription price has increased, or you have turned off "Renewal". automatic". switch located in the profile of the corresponding Creator. This means that if you wish to stop subscribing to a Creator's profile and pay ongoing monthly subscription charges, you will need to turn off the "Auto Renewal" switch located on the corresponding Creator's profile.
    9. If you cancel a Subscription, you will be allowed to view the relevant Creator Content until the end of the subscription period in which you cancelled, after which no further payments will be taken from your payment card in respect of subscriptions to that Creator's profile. and you will no longer be able to view the relevant Creator Content.
    10. You agree that you will not make unwarranted refund requests from any Creator you follow, or make unwarranted chargeback requests from your payment card provider in connection with any transaction between you and a Creator. If we believe that you made a request for a refund or chargeback in bad faith, we have the right to suspend or delete your user account.
    11. Wallet Credits: You can pay us an amount in advance (known as "Wallet Credits") that you can then use to make Fan Payments. Purchases on MyHornyBook cannot be split; if you attempt to make a purchase that costs more than the full amount of your remaining Wallet Credits, your payment card will be charged for the full amount of that purchase. Wallet Credits are subject to a maximum amount determined by us from time to time. Interest will not accrue on Wallet Credits. You are entitled, upon request (either before or after termination of your agreement with us) to a refund of any unused Wallet Credits, unless we reasonably determine that your request for a refund was not made in good faith.
  7. Suspension of your user account: If we suspend your user account in accordance with our rights under the Terms of Service, any Fan Payment that would otherwise have become due during the period of suspension of your user account will be suspended for the period of suspension of your user account.

TERMS OF USE FOR CREATORS
BY USING OUR WEBSITE AS A CREATOR, YOU AGREE TO THESE TERMS; READ THEM CAREFULLY
  1. Introduction: These Creator Terms of Use are additional terms that apply if you use MyHornyBook as a Creator (also referred to as "you" and "your" in these Creator Terms of Use). These Creator Terms of Use are part of your agreement with us.
  2. Interpretation: In these Terms of Use for Creators, defined terms have the same meaning given to them in the Terms of Use for all users. Besides:
    1. "Controlling Person" means any individual who meets one or both of the following conditions in relation to a corporate entity:
      1. the individual owns, directly or indirectly, more than 50% of the shares of the corporate entity;
      2. the individual owns, directly or indirectly, more than 50% of the voting rights in the corporate entity;
    2. "VAT" means the Spanish value added tax and any other tax added to or substituted for it at the rate imposed from time to time and any equivalent or equivalent governmental, state, federal, provincial or municipal tax, charge or excise tax similar, duty, imposition or encumbrance in any other jurisdiction; Y
    3. "Tax" shall include all forms of taxes and charges, duties, taxes, contributions, levies, withholdings or statutory, governmental, state, federal, provincial, local or municipal liabilities, as long as they are attributable and from Spain or any other jurisdiction.
  3. What are the fees we charge creators for the use of MyHornyBook? We charge you a fee of twenty percent (10%) of all Fan Payments made to you (not including any VAT element of the Fan Payment) (called Our Fee). The remaining eighty percent (90%) of the Fan Pay (not including any VAT element of the Fan Pay) is paid to you (called "Creator Earnings"). Our Fee includes our costs of providing, maintaining and operating MyHornyBook and storing your Content. Our fee is deducted from the fans' payout, and the creators' earnings are paid to you.
  4. How to set up your account as a Creator account: To set up your account as a Creator account:
    1. You will need on your user account page to upload a valid form of identification and two photos of yourself in accordance with the requirements set forth here.
    2. You will need on your user account page to add the bank account details of your own bank account or the bank account of a corporate entity in which you are a controlling person.
    3. You will need on your user account page to select one of the available methods provided by MyHornyBook as to how your Creator Earnings will be transferred to you. These methods are called Payment Options.
    4. If you are registered for VAT in Spain, you will need to provide us with your valid Spanish VAT number. Please refer to the VAT and Tax Compliance Promotion section of these Creator Terms of Use regarding Spain VAT.
    5. You may also need to submit additional information depending on the country you live in.
    6. We may ask you for additional age or identity verification information at any time. We may deny your request to set up a Creator account for any reason, including the reasons listed here.
    7. Once you have set up your account as a Creator account, if you wish to charge your Fans a monthly subscription fee, you will need to set the subscription price for your Fans within the range allowed by MyHornyBook as set forth here.
    8. You will then be able to start adding content and users will be able to subscribe to your account to become your fans.
    9. If you lose access to your account, you can reset your password, but you'll need to know the email address used to set up the account to do so. If you do not remember the email address used to set up the account, we may ask you to provide identification documents and photos, and any additional evidence we may reasonably require to prove your identity.
  5. Agencies cannot be creators: each creator owns their own account and must have access to their account at all times. If you have an agent or agency that assists you with the operation of your Creator account (or operates it on their behalf), this does not affect their personal legal liability. Our relationship is with you, and not with your agent or agency, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms of Service.
  6. Creators Using Corporate Entities: If you set up a corporate entity to receive your Creator Earnings, you must provide us with evidence upon request that you are the Controlling Person of that corporate entity. We will only pay your Creator Earnings into a bank account not in your name where the bank account is in the name of the corporate entity and you are the Majority Controlling Person of that corporate entity. You agree that if you use a corporate entity to receive Creator Earnings, you will comply with all laws (including tax laws) that apply to corporate entities in the place where the corporate entity is established.
  7. Fan Subscriptions and Purchases: This section describes the terms that apply to transactions and interactions between Fans and Creators:
    1. All transactions and interactions facilitated by MyHornyBook are contracts between Fans and Creators under the terms of the standard Fan-Creator Agreement. Although we facilitate transactions and interactions between Fans and Creators by providing the MyHornyBook platform, storing Content, and acting as a payment intermediary, we are not a party to the standard Fan-Creator Agreement or any other agreement that may exist between a Fan and Creator, and we are not responsible for any transaction or interaction between Fans and Creators.
    2. Fan payments do not include VAT, which will be added at the current rate as applicable to fan payments.
    3. Where a Fan has made the payment required to access their Content, for the provision of Personalized Content, or for the use of the fan interaction feature in their account, you must allow the Fan to view the Paid Content and/or provide the Personalized content. and/or allow the Fan to use the paid fan interaction feature (as applicable). You agree that you will indemnify us for any breach by you of this obligation (meaning that you will be liable for any loss or damage (including lost profits) suffered by us as a result of your breach of this obligation).
  8. Content – ​​General Terms – In addition to the terms set forth elsewhere in the Terms of Service (in particular our Acceptable Use Policy), the following terms apply to Content posted, displayed, uploaded, or posted by you as a Creator on MyHornyBook:
    1. Your Content is not confidential and you authorize your Fans to access and view your Content on MyHornyBook for their own lawful and personal use, and in accordance with the licenses you grant to your Fans.
    2. You warrant (meaning you make a legally enforceable promise to us) that for each item of Content you post, display, upload or post to MyHornyBook:
      1. the Content fully complies with the Terms of Service (and in particular our Acceptable Use Policy);
  1. you have all necessary rights to license and trade your Content on MyHornyBook, including in each territory where you have Fans and in Spain;
  2. you own your Content (and all intellectual property rights) or have a valid license to offer and supply your Content to your Fans;
  3. If your Content includes or uses any third party material, you have obtained all rights, licenses, written consents, and releases that are necessary for the use of such third party property in your Content and for the further use and exploitation of that Content on MyHornyBook. ; Y
  4. the content is:
    1. of satisfactory quality, taking into account any description of the Content, the price, and all other relevant circumstances, including any statement or representation you make about the nature of the Content in your account or in any advertising;
    2. reasonably fit for any purpose disclosed to you by the Fan is the purpose for which the Content is used by the Fan; Y
    3. as described by you.
  5. You agree that you will be liable to us and indemnify us if any of the warranties in section 10(b) are false. This means that you will be responsible for any loss or damage (including lost profits) that we suffer as a result of any of the guarantees not being true.
  6. We are not responsible for and do not endorse any aspect of any Content posted by you or any other MyHornyBook User. We have no obligation to monitor any Content and we have no direct control over what may comprise your Content.
  7. You also agree to act as the custodian of the records of the Content you upload to MyHornyBook.
  8. Co-authored content:
    1. If you upload Content to your Creator account that features someone other than or in addition to you (even if that person cannot be identified from the Content) ("Co-Authored Content"), you warrant (meaning you make a promise) that each individual featured in any Co-Authored Content uploaded to your account:
      1. is a creator of MyHornyBook;
  1. you have given your express, prior and fully informed consent for your appearance in the Co-authored Content; Y
  2. You have given your consent for the Co-Authored Content in which you appear to be published on MyHornyBook.
  3. In addition to the confirmations in section 11(a) above, you agree that if you upload co-authored Content where the other person or persons appearing in the Content can be identified from the Content, you will tag the MyHornyBook accounts of any person or persons appearing in the Co-Authored Content that can be identified from it.
  4. You must not upload any Content that contains any images, photos, video or audio of anyone other than or added to you, unless such person is also a Creator on MyHornyBook.
  5. If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any necessary licenses or consents from any other co-authors of the Content sufficient to allow such Content to be uploaded and made available on MyHornyBook.
  6. You agree that we will only pay Creator Earnings to the Creator account to which the Co-authored Content was uploaded. The Creator who uploaded the Co-Authored Content is solely responsible for dividing and distributing the revenue generated by the Co-Authored Content among the Creators featured in such Co-Authored Content. Any such revenue sharing agreement will be a private and separate agreement between the Creators, and we are not responsible for providing or enforcing such agreements. You understand and agree that you are not entitled to Creator Earnings from any Co-Authored Content in which you appear but are posted on another Creator's account. If you post co-authored content to your account, We may require you to provide complete and valid legal information for all persons appearing in the Co-authored Content. If you do not provide the information requested by us upon our request, we may remove the Co-Authored Content, restrict your rights and permissions to post as a Creator, terminate your account, and/or withhold all or a portion of any Creator Earnings earned. but he hasn't paid you yet.
  7. You agree to release us from and not make any claims against us arising out of the Co-authored Content. You agree that all claims arising from Co-Authored Content will be brought against the Creators who posted Co-Authored Content or appeared in the Co-Authored Content (as applicable).
  8. Payments to creators:
    1. All fan payments will be received by a third party payment provider approved by us.
    2. If you have chosen the Stripe Payment Option, we will ensure that Stripe, acting as our payment provider, collects the Fan Payment and:
      1. pay Our Fan Payment Fee to an account held in our name; Y
      2. pay Creator Earnings into your bank account or the bank account of a corporate entity in which you are a Majority Controlling Person (see section 8 above).
        1. Where Stripe is not your chosen Payment Option, we will receive the Fan Payment in full from the applicable payment provider. We will deduct Our Fee from the Fan Payment and then retain the Earnings from the Creator on your behalf in our capacity as your agent.
        2. Your MyHornyBook account will be updated within a reasonable time with your Creator Earnings. Your Creator Earnings will be available for you to withdraw from your MyHornyBook account once such Creator Earnings appear in your MyHornyBook account.
        3. To make a withdrawal of your MyHornyBook account creator earnings, you must have at least the minimum payout amount in your MyHornyBook account. Click on the Banking page of your account to see what the minimum payment amount is for your country of residence and the payment option.
        4. The amount you see in your 'current balance' in your MyHornyBook account is your Creator Earning at the relevant time. All fan payments and creator earnings are made in EUR only. If you have chosen the "Stripe" payment option, the figures for fan payments and creator earnings will be reflected in your local currency, at an exchange rate controlled by Stripe. Your bank may charge you currency conversion or transfer fees to receive the money. Also, your eWallet company may charge you a fee to access the money. We have no control over currency exchange rates or fees imposed by your bank or e-wallet company, and we are not responsible for paying any fees imposed by your bank or e-wallet company.
        5. If a Fan successfully seeks a refund or chargeback from their credit card provider in respect of a Fan Payment, we may investigate and may decide to deduct from your account an amount equal to the Creator Earnings you earned on the Fan Payment. amount returned or refunded. .
        6. Except for Payment Options that involve direct bank transfer payment from us, we do not store any data disclosed by you when you register your Payment Options with a third-party payment provider.
  9. Circumstances in which we may withhold Creator earnings:
    1. We may retain all or part of Creator Earnings that are due to you but have not yet been paid:
      1. if we believe that you have or may have seriously or repeatedly violated any part of the Terms of Service;
    1. if you attempt or threaten to violate any part of the Terms of Service in a way that we believe has or could have serious consequences for us or another User (including actual or potential loss to us or another User); either
    2. if we suspect that all or part of the Creator Earnings result from illegal activity, either by you or the Fan who made the Fan Payment that resulted in the Creator Earnings,
for as long as necessary to investigate your actual, threatened or suspected infringement or suspected illegal activity (as applicable). If after our investigation we conclude that (i) you have materially or repeatedly breached any part of the Terms of Service; (ii) has attempted or threatened to violate any part of the Terms of Service in a way that has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or ( iii) the Creator Earnings are the result of illegal activity, we may notify you that you have lost your Creator Earnings.
  1. We will have no liability to you if we retain or lose any of your Creator Earnings where we are entitled to do so under these Creator Terms of Use.
  2. If we withhold all or part of the Creator Earnings owed to you and determine that any portion of the Creator Earnings withheld by us is not related to your breach of the Terms of Service or suspected illegal activity, then we may pay you the portion of Creator Earnings that we determine are not related to your violation of the Terms of Service or suspected illegal activity. However, you agree that if we believe that your breach(es) of the Terms of Service has caused or may cause us loss, we may withhold all Creator Earnings due to you but not yet paid and we may compensate said amounts with the losses suffered. for us.
  3. If after we have completed our investigation, we determine that Creator Earnings will be lost, we will do our best to return the Fan Payments that resulted in the lost Creator Earnings to the relevant Fans who paid such Fan Payments.
  4. Promotion of tax and VAT compliance:
    1. General:
      1. We recommend that all Creators seek professional advice to ensure that they comply with local VAT and tax rules, depending on their individual circumstances.
      2. By using MyHornyBook as a Creator, you warrant (meaning you make a legally enforceable promise) that you have reported and will in the future report receipt of all payments made in connection with your use of MyHornyBook to the appropriate tax authority in your jurisdiction. , as required by law.
      3. By using MyHornyBook as a Creator, you warrant (meaning you make a legally enforceable promise) that you will comply at all times with all tax-related laws and regulations that apply to you. If, at any time while you have a MyHornyBook account, any tax failure occurs in connection with you (including your failure to report earnings or the imposition of any tax-related penalty or interest) or if any litigation, If an inquiry or investigation is initiated against you that is related to, or may lead to, any tax noncompliance case, you agree that:
        1. notify us by email at  [email protected] in writing within 7 days of the occurrence of the tax breach or commencement of the litigation, inquiry or investigation (as applicable); Y
        2. email us immediately at [email protected]  with:
          1. details of the steps you are taking to address the occurrence of the tax non-compliance and to prevent it from happening again, together with any mitigating factors you consider relevant; Y
          2. any other information regarding the occurrence of the tax breach that we may reasonably require.
      4. For the avoidance of doubt, you are responsible for your own tax matters and MyHornyBook is not responsible for any non-payment of taxes by the Creators.
      5. We reserve the right to close your MyHornyBook account if you notify us or become aware of any tax non-compliance on your part.
    2. VAT from Spain and creators established in Spain:
      1. For UK VAT purposes only, Creators are deemed to be providing their services to MyHornyBook, rather than to Fans directly.
      2. If you are a creator registered for Spain VAT:
        1. For VAT purposes, you will be treated as charging MyHornyBook your Creator Earnings (80% of any and all Fan Payouts), together with UK VAT at the rate in effect at the time of the Fan Payout;
        2. MyHornyBook also agrees that, subject to the terms set forth in this section of these Creator Terms of Use, you may add Spain VAT at the rate in effect at the time of the referral payment to the amount of any referral payment payable to you. under the Referral Program Terms ("Referral Payments").
        3. You agree to use the MyHornyBook VAT invoice generator tool which can be found on the Website to generate monthly VAT invoices, addressed to Fenix ​​International Limited, in respect of your Revenue Creator (and Referral Payments, if any). for the relevant period together with VAT on such Creator Income (and Referral Payments, if any);
        4. The VAT element added to your Creator Earnings (and Referral Payouts, if applicable) (the "VAT Amount") will be paid to you by a separate payment outside of your regular Creator Earnings, provided you have submitted it to Us. copies of the following before payment of the VAT Amount.
      3. You must pay the amount of VAT that we pay directly to the Spanish Tax Agency.
      4. If you need more information or assistance on what is needed to receive the VAT Amount, you can send an email to [email protected]
      5. You can find more information about who needs to register for VAT in Spain and the VAT position for Creators whose income does not exceed the respective VAT income threshold.
      6. You agree that you will retain copies of all VAT invoices and VAT statements in connection with your earnings from MyHornyBook and provide us with copies of such documents within 14 days of our written request that you do so. For the avoidance of doubt, it is your obligation to comply with all provisions of the VAT legislation and to make, give, obtain, maintain and maintain accurate, complete and up-to-date records, invoices, accounts and other documents necessary for the purposes of the VAT legislation.
      7. If you are a Creator in Spain who is not required to register for Spain VAT, you should monitor the level of taxable sales you make in Spain (including Referral Payments) to ensure that you have not exceeded the registration threshold of the Spanish VAT. VAT in Spain. It is your obligation, as a taxpayer, to check if you have exceeded the VAT registration threshold.
      8. We do not monitor earnings that Creators receive from other sources of income. However, we will monitor the annual earnings of UK creators on our platform, and if you are not yet registered for VAT and your earnings exceed the VAT registration threshold, you will receive a notification from us asking you to register for VAT. . If you receive such VAT registration notification, you agree to register for VAT as soon as possible and send us your VAT registration number to [email protected] , within 6 weeks of such notification. Failure to do so may result in the closure of your MyHornyBook account.

ACCEPTABLE USE POLICY BY
USING OUR WEBSITE, YOU AGREE TO THIS POLICY; PLEASE READ IT CAREFULLY
This Policy applies to your use of MyHornyBook and all MyHornyBook Content and is part of your agreement with us. This Policy sets out what is and is not allowed on MyHornyBook.
In this Policy, defined terms have the same meaning as in our Terms of Use to all users.
  1. Do not use MyHornyBook except for your own personal use and do not sell, rent, transfer or share your account or any Content obtained from your use of MyHornyBook with anyone else.
  2. Only use MyHornyBook in a way and for a purpose that is lawful.
  3. Do not upload, post, display or post Content on MyHornyBook that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, or that encourages or promotes violence or any illegal activity.
  4. Do not use MyHornyBook in any way that could exploit, harm, or attempt to exploit or harm anyone under the age of 18, for example, by exposing them to inappropriate Content.
  5. Do not upload, post, display or publish content on MyHornyBook that:
    1. displays, includes or refers to:
      1. any individual under the age of 18 (or referring to individuals under the age of 18 in general); either
      2. any other person, unless you have written documentation confirming that all persons displayed or included or mentioned in your Content are at least 18 years of age, and you have written consent from each person to use their name or likeness (or both) in the Content;
    2. displays, promotes, advertises or refers to:
      1. firearms, weapons, or any property the sale, possession, or use of which is subject to prohibitions or restrictions;
      2. drugs or drug paraphernalia;
      3. self-harm or suicide;
      4. incest;
      5. bestiality;
      6. violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or extreme bondage, extreme fisting or genital mutilation;
      7. necrofilia;
      8. urine, scatological, or excrement-related material;
      9. "revenge porn" (any sexually explicit material displayed to any person who has not given their prior, express, and fully informed consent for that material to (a) be taken, captured, or otherwise commemorated, or (b) published and share on MyHornyBook) ;
      10. escort services, sex trafficking or prostitution;
    3. contains unsolicited sexual content or unsolicited language that sexually targets another User or any other person in a non-consensual manner, or contains false or manipulated sexual content relating to another User or any other person (including "deepfakes");
    4. contains, promotes, advertises, or references hate speech (content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear, or violence against any group or individual based on race, ethnicity , national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious illness, veteran status, or any other protected characteristic);
    5. contains or refers to personal data or private or confidential information of another person (for example, telephone numbers, location information (including addresses and GPS coordinates), names, identity documents, email addresses, login credentials for MyHornyBook, including passwords and security questions, financial information, including bank account and credit card details, biometric data, and medical records) without that person's express written consent;
    6. any:
      1. in the case of Content with public nudity, was recorded or transmitted from a country, state or province where public nudity is illegal; either
      2. in the case of Content featuring sexual activity, was recorded or broadcast from a public location where members of the public are reasonably likely to view the activities taking place (this does not include outdoor locations where members of the public are not present , for example, private property such as a private backyard or secluded areas in nature where members of the public are not present).
    7. gives the impression that it comes from or is approved, authorized or endorsed by us or any other person or company;
    8. causes or is calculated to cause inconvenience or anxiety to any other person or is likely to annoy, embarrass or cause serious offense to any other person;
    9. is used or intended to be used to extract money or other benefit from any other person in exchange for the removal of the Content; I
    10. implies or promotes commercial activities or sales of third parties, such as contests, sweepstakes and other sales promotions, product placement, advertising or job advertisements or job advertisements without our prior express consent.
  6. Do not use MyHornyBook to stalk, intimidate, abuse, harass, threaten or intimidate anyone else.
  7. Do not use MyHornyBook to engage in misleading or deceptive conduct, or conduct that is likely to mislead or deceive any other User.
  8. Respect the intellectual property rights of the Creators, including by not recording, reproducing, sharing, communicating to the public, or distributing their Content without authorization.
  9. Do not do anything that violates our rights or those of another person, including intellectual property rights (for example, copyrights, trademarks, confidential information and goodwill), personality rights, unfair competition, privacy and protection rights of data.
  10. Do not impersonate us, one of our employees, another User, or any other person or company, or falsely state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or company.
  11. Do not provide false account registration information or make any unauthorized use of another's information or Content.
  12. Do not post or cause to be posted any Content that is spammy, has the intent or effect of artificially increasing the views or interactions of any Creator, or is otherwise false, repetitive, misleading, or of poor quality.
  13. Do not broadcast, transmit or send any pre-recorded audio or video material during a live broadcast or attempt to broadcast the recorded material as a live broadcast.
  14. Do not use other means or methods (for example, the use of code words or signals) to communicate something that violates this Policy.
  15. Do not reproduce, print, distribute, attempt to download, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any Content, except as permitted by the Terms of Service.
  16. Do not intentionally introduce viruses, Trojan horses, worms, logic bombs, or other material into the Content that is or may be malicious or technologically harmful.
  17. Do not decompile, disassemble, reverse engineer, or attempt to discover or derive the source code of MyHornyBook.
  18. Do not use MyHornyBook in a way that could adversely affect our systems or security or interfere with any other User's use of MyHornyBook, including their ability to engage in real-time activities through MyHornyBook.
  19. Do not use any automated program, tool, or process (such as web crawlers, robots, spider bots, and automated scripts) to access MyHornyBook or any server, network, or system associated with MyHornyBook, or to mine, scrape, harvest, harvest, or collect Content or information from MyHornyBook.
  20. Do not use the MyHornyBook name, logo, or any related or similar names, logos, product and service names, designs, or slogans, except in the limited ways that are expressly permitted in the Terms of Service or with our prior written agreement.
Failure to comply with this Policy may result in the suspension or termination of your account and revocation of access to your earnings, as set forth in the Terms of Service.

REFERRAL PROGRAM TERMS
Pursuant to regulation 3 of the Trading Scheme Regulations 1997 (as amended) and section 120(1) of the Fair Trading Act 1973, please read the warning below regarding the MyHornyBook Referral Program:
  • It is illegal for us or a participant in the MyHornyBook Referral Program (including Users and Referred Creators) to persuade anyone to make a payment by promising benefits by having others join the MyHornyBook Referral Program.
  • Don't be fooled by claims that high profits are easily made by participating in the MyHornyBook Referral Program.
  • Although we do not require any payment from Referring Users in order to participate in the MyHornyBook Referral Program, we are legally required to inform you that if you sign this agreement, you have 14 days to cancel and get your money back.
  1. Introduction: These Referral Program Terms are additional terms that apply if you use the MyHornyBook Referral Program. These Referral Program Terms form part of your agreement with us.
  2. Interpretation: In these Referral Program Terms, defined terms have the same meaning as they are given in the Terms of Use to all users. Besides:
    1. "Referring User" is also referred to as "you" or "your" in these Referral Program Terms;
    2. "Referred Creator" means the person who joins MyHornyBook as a Creator through the Referred User's unique referral link.
  3. What is the MyHornyBook Referral Program? MyHornyBook offers a referral program whereby Existing Users can introduce individuals interested in becoming Creators to MyHornyBook and receive referral payments from MyHornyBook, calculated and capped as described in these Referral Program Terms.
  4. The rules of the MyHornyBook Referral Program:
    1. Only MyHornyBook users with a current user account can participate in the MyHornyBook Referral Program. If a User's account has been suspended or terminated by us for any reason or has been deleted by the User, that User will not be eligible to participate in the MyHornyBook Referral Program.
    2. You will need on your user account page to add the bank account details of your own bank account in order to receive referral payments under the MyHornyBook Referral Program.
    3. Each user has a unique referral link (which can be accessed through the user's user account) that the user can share with others. By sharing your unique referral link, you must not impersonate MyHornyBook or give the impression that we share or endorse your referral link. You must not use Google Ads or any similar advertising platform or search engine advertising service to share or promote your unique referral link. Upon our request, you must disclose the methods by which you share your unique referral link in the Bio/Website field of your MyHornyBook account.
    4. The Referred Creator must click on your unique referral link and then sign up with MyHornyBook using the same browser you used to click on your unique referral link. If someone signs up for MyHornyBook other than through your unique referral link, we will not link that account to your referral and will not make any referral payments to you.
    5. The Referred Creator must not have opened a user account with MyHornyBook (either under the same name or a different name) prior to clicking on your unique referral link. If the referred Creator is currently or has been a User of MyHornyBook, we will not make any payment to them for the referral.
    6. If the Referred Creator sets up more than one User Account, we will make Referral Payments to you on earnings earned by the Referred Creator from their first User Account only. We will not pay you any referral fees on any other user accounts set up by the Referred Creator.
    7. We will not pay you any referral fees on any referral from a Referred Creator that we determine is owned or operated by you, or has a business relationship with you. You will provide any information we request from you to enable us to determine whether the Referred Creator is owned or operated by you or if there is a business relationship between you and the Referred Creator.
    8. You agree that by promoting MyHornyBook in any way as a Referring User:
      • will not give a false impression of MyHornyBook, the services, programs and content (including the Content) available through MyHornyBook, its Users or the Terms of Service; Y
      • You will not make any statement to suggest to a potential Creator that the potential Creator will earn a particular sum of money (or any money) from their use of MyHornyBook, or any statement regarding the likely number of Fans.
  5. Referral Payments:
    1. How are referral payments calculated? Once a Referred Creator has become a Registered User of MyHornyBook in accordance with the rules of the MyHornyBook Referral Program described above, we will pay the Referred User a referral payment equal to five percent. (5%) of the Fan Payments generated by the referred Creator in the twelve months after the date on which the referred Creator becomes a Registered User of MyHornyBook, up to a maximum referral payment from MyHornyBook to the Referred User of US $ 50,000 per referred Creator.
This means that if a referred Creator generates Fan Payments with a total value of US$1 million or more in the twelve months following the date on which that referred Creator becomes a Registered User of MyHornyBook, then the referral payments of the referred Creator Referred User in connection with that Referred Creator will be capped at US$50,000 in total. However, if the Referred Creator generates Fan Payments with a total value of less than US$1 million in the twelve months following the date that Referred Creator becomes a Registered User of MyHornyBook, then the Referred User will receive five percent.
For all referrals made before May 1, 2020, we will make referral payments to the applicable Referral Users until May 1, 2021 or until we have paid the Referring User $50,000 USD for the referral, whichever comes first .
  1. VAT: If you are a Referring User, you should be aware that all Referral Payments we pay to you will include any VAT (as defined in the Creator Terms of Use) that is or is recharged on any Supply made by you, except as provided in the "Promoting Tax and VAT Compliance" section of the Creator Terms of Use.
  2. Warning: Pursuant to regulation 3 of the Trading Scheme Regulations 1997 (as amended) and section 120(1) of the Fair Trading Act 1973, please read the warning below regarding the Referral Program from MyHornyBook:
    • It is illegal for us or a participant in the MyHornyBook Referral Program (including Users and Referred Creators) to persuade anyone to make a payment by promising benefits by having others join the MyHornyBook Referral Program.
    • Don't be fooled by claims that high profits are easily made by participating in the MyHornyBook Referral Program.
  3. Choosing a payment method to receive referral payments: In order to receive referral payments, you must first choose one of the payment methods provided by MyHornyBook in your country of residence. These methods are called "Payment Options".
  4. How often are payments for referrals made? We will transfer to your MyHornyBook account the referral payment due to you on Fan Payments made to the Referred Creator in a calendar month on or about the first day of the following calendar month (meaning, for example, payments for Referral Payments due to you in respect of Fan Payments made to Referred Creator in February will be paid to you on or about March 1).
  5. Who bears the cost of paying the reference? The cost of paying for the referral is borne by us, not the Referred Creator.
  6. Our Rights Related to the Referral Program.
    1. If referral payments have been made incorrectly, we are entitled to recover the incorrectly paid sums from the User to whom the incorrectly paid sums were paid.
    2. We may ask you or Referred Creators (or both) to provide us with identification and other information that we reasonably require to verify any referral payment being made and the person to whom the referral payment is due. Failure to provide any information requested by us may lead you to forfeit your right to referral payments with respect to the relevant Referred Creator.
    3. We may change any aspect of the MyHornyBook Referral Program (including how referral payments are calculated) or discontinue the MyHornyBook Referral Program at any time, but no change will deprive any Referring User of referral payments already earned based on Fan Payouts made to above referred Creators. the changes went into effect.
  7. Circumstances in which we may withhold referral payments:
    1. We may withhold all or part of referral payments due to you but not yet paid:
      • if we believe that you have or may have seriously or repeatedly violated any part of the Terms of Service;
      • if you attempt or threaten to violate any part of the Terms of Service in a way that has or is likely to have serious consequences for us or another User (including actual or potential loss to us or another User); either
      • if we suspect that all or part of the Referral Payments due to you are the result of illegal activity, either on your part, or on the part of the Fan who made the Fan Payment to the referred Creator that resulted in the payment of the referral, or by the Referred Creator to whom the Fan Payment was made that resulted in the referral payment,
for as long as necessary to investigate the actual, threatened or suspected violation(s) by you or the suspected illegal activity (as applicable). If after our investigation we conclude that (i) you have materially or repeatedly breached any part of the Terms of Service; (ii) has attempted or threatened to violate any part of the Terms of Service in a way that has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or ( iii) all or part of the Referral Payments due to you are the result of illegal activity, we may notify you that you have lost all or part of your Referral Payments.
  1. We will have no liability to you if we withhold or lose any payments due to you under the MyHornyBook Referral Program, where we are entitled to do so under these Referral Program Terms.
  2. If we withhold all or part of the Referral Payments due to you and determine that any part of the Referral Payments withheld by us is not related to your violation of the Terms of Service or suspected illegal activity, then we may pay you the portion of referral payments that are not related to your breach of the Terms of Service or suspected illegal activity. However, you agree that if we believe that your breach(es) of the Terms of Service has caused or may cause us a loss, we may withhold all referral payments due to you but not yet paid and we may offset such amounts against losses incurred. for us.

COMPLAINTS POLICY
  1. Introduction: This document sets out our complaints policy. If you are a MyHornyBook user, this Complaints Policy is part of your agreement with us.
  2. Interpretation: In this Complaints Policy, defined terms have the same meaning given to them in the Terms of Use for all users:
  3. Who can use this Complaint Policy? Whether or not you are a MyHornyBook user, you can use this Complaints Policy to alert us to any complaints you have related to MyHornyBook.
  4. How to File a Complaint: If you have a complaint about MyHornyBook (including any complaint about content appearing on MyHornyBook or a user's conduct), please send your complaint to  [email protected]  including your name, address, contact details, a description of your claim and, if your claim relates to Content, the URL of the Content to which your claim relates.
  5. How we will deal with your complaint: After receiving your complaint under section 5 above:
    1. we will take such steps as we deem appropriate to investigate your complaint within a time frame that is appropriate to the nature of your complaint;
    2. if we need more information or documents from you, we will contact you to let you know;
    3. We will take whatever action we deem appropriate in good faith to address the issue you have raised. If you have complained about Content appearing on MyHornyBook and we are satisfied that the Content is illegal or violates our Acceptable Use Policy, we will act quickly to remove such Content.
We are not required to inform you of the outcome of your complaint.
  1. Unjustified or Abusive Complaints: If you are a MyHornyBook user, you warrant (meaning you make a legally enforceable promise) that you will not make any complaint under this Complaints Policy that is wholly unjustified, abusive, or in bad faith. If we determine that you have breached this warranty, we may suspend or terminate your user account.

PLATFORM-TO-BUSINESS REGULATION TERMS
  1. Introduction: These Platform-to-Enterprise Regulatory Terms form part of the Terms of Service.
  2. Interpretation: In these Platform-to-Enterprise Regulation Terms, unless otherwise stated, defined terms have the same meaning as they are given in the Terms of Use to all users.
  3. Do these Platform Regulation Terms apply to me? These Platform-to-Business Terms of Regulation only apply to Creators established or resident in the European Union or Spain (also referred to as "you" and "your"). If these Platform to Business Terms of Regulation apply to you, they form part of your agreement with us.
  4. What do these Platform to Company Regulation Terms include? These Platform to Business Regulation Terms provide information about our practices to comply with the fairness and transparency requirements set out in EU Regulation 2019/1150 (the “Platform to Business Regulation”).
  5. Promotion of Creators Through Other Distribution Channels: We may choose to promote you through our Instagram (  www.instagram.com/my_horny_book  ) and Twitter (  www.twitter.com/myhornybook  ) social media accounts.
  6. Ranking on MyHornyBook: We randomly suggest potential creators for a user to follow based on creators who have made money on MyHornyBook in the previous 30 days. We do not have a ranking system. There is no search/discover feature on MyHornyBook.
  7. Complaints: If you have a complaint about:
    1. any alleged breach by us of the obligations established in the Platform for the Commercial Regulations that affect you; either
    2. technology issues directly related to and affecting MyHornyBook; either
    3. actions taken by us or our conduct that relate directly to MyHornyBook and affect you,
then send your complaint to  [email protected]
  1. Complaint handling process: After receiving your complaint in accordance with section 7 above, we will:
    1. Consider your complaint and what follow-up we might need to give your complaint (including asking you for more information or documents) to properly address the issue raised;
    2. process your complaints in a reasonable time, taking into account the importance and complexity of the problem raised; Y
    3. Communicate in plain and understandable language by email or by message to your MyHornyBook account the outcome of the internal complaint handling process.
  2. Mediation service: If your complaint under section 7 above is not resolved to your satisfaction through our internal complaint handling process as set out in section 8 above, then you may access the mediation service.