Terms of Service

Terms of service

These terms of service ("Terms", "Agreement") are an agreement between (INVISIBLE SUN ENTERTAINMENT GROUP/CINEFANZ/ISEGLTD "us", "we" or "our") and you ("User", "you" or "your", creator, content creator, Fan, Member, User). This Agreement sets forth the general terms and conditions of your use of the http://www.cinefanz.com website and any of its products or services (collectively, "Website" or "Services").
  1. Introduction: These Terms of Use for all Users govern your use of Cinefanz and your agreement with us.
  2. Interpretation: In the Terms of Service:
    1. we refer to our website as "Cinefanz", including when accessed via the URL www.cinefanz.com or via any web browser;
    2. references to "we", "our", "us" are references to Invisible Sun Entertainment Group LTD, the operator of Cinefanz.
    3. "Content" means any material uploaded to Cinefanz any User (whether a Creator or a Fan, Member, User, member), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emoji’s, GIFs, memes, and any other material whatsoever;
    4. "Creator" means a User who has set up their Cinefanz, account as a Creator account to post Content on Cinefanz to be viewed by other Users;
    5. "Fan, Member, User" means a User who follows a Creator and is able to view the Creator's Content;
    6. "Fan, Member, User Payment" means any and all payments made by a Fan, Member, User to a Creator, including payments for access to a Creator's Content, for interaction with the Creator, to procure new Content from the Creator, to subscribe to the Creator's account, to use the Fan, Member, User interaction function on the Creator's account, and any tips paid by a Fan, Member, User to the Creator;
    7. "Referring User" means a User who participates in the Cinefanz Referral Program;
    8. "Standard Contract between Fan, Member, User and Creator" means the terms which govern each transaction between a Fan, Member, User and a Creator on Cinefanz, which can be found here;
    9. "Terms of Service" (also called "your agreement with us") means the legally binding agreement between you and us which consists of this document and the Site Acceptable Usages
    10. "United States" means the United States of America
    11. "User" means any user of Cinefanz, whether a Creator or a Fan, Member, User or both (also referred to as "you" or "your").
  3. Who we are and how to contact us: Cinefanz, operated by Invisible Sun Entertainment Group LTD. We are a company registered in United States, To contact us with any questions about Cinefanz, , please email our support team at Administrator@Cinefanz.com.

How we may change the terms of service: We may change any part of the Terms of Service without telling you beforehand in the following circumstances:
    1. to reflect changes in laws and regulatory requirements which apply to Cinefanz, s and the services, features and programs of Cinefanz, where such changes require Cinefanz, to change its terms and conditions in a manner which does not allow us to give reasonable notice to you; and
  2. To address an unforeseen and imminent an unforeseen and imminent danger related to defending Cinefanz, from fraud, malware, spam, data breaches or other cybersecurity risks

TERMS OF USE FOR FANS
BY USING OUR WEBSITE AS A FAN YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
  1. Introduction: These Terms of Use for Fans are additional terms which apply if you use Cinefanz as a Fan (also referred to as "you" and "your" in these Terms of Use for Fans). These Terms of Use for Fans form part of your agreement with us.
  2. Interpretation: In these Terms of Use for Fans, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
    1. "Subscription" means a Fan's monthly subscription to a Creator’s account;
    2. "VAT" means United Kingdom value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and
    3. "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the UK or any other jurisdiction.
  3. Other terms which will apply to your use of Cinefanz: The following terms will also apply to your use of Cinefanz and you agree to them:
    1. Our Terms of Use for all Users;
    2. Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
    3. Our Acceptable Use Policy – which tells you what you can and can't do on Cinefanz;
    4. Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of Cinefanz, and how we will deal with that complaint; and
    5. The Standard Contract between Fan and Creator – which does not form part of your agreement with us, but applies to each transaction you enter into with any Creator and sets out the terms on which you will contract with Creators.
  4. Other terms which may apply to your use of Cinefanz: The following additional terms may apply to your use of Cinefanz:
    1. If you are also a Creator, the Terms of Use for Creators will apply to your use of Cinefanz as a Creator;
    2. If you are a Creator who is established or resident in the European Union or the United Kingdom, then the Platform to Business Regulation Terms will also apply to you; and
    3. If you participate in the Cinefanz referral program, the Referral Program Terms will apply to your use of the Cinefanz Referral Program.
  5. Your commitments to us: You warrant (which means 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 provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you are old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and
    3. you are not be barred from accessing Cinefanz under any laws which apply to you.
  6. Content - general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Fan on Cinefanz:
    1. You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on Cinefanz:
      1. the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
      2. you either own your Content (and all intellectual property rights in it) or have a valid license to your Content; and
      3. if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on Cinefanz.
    2. You agree that you will be liable to us and indemnify us if any of the warranties at section 6(a) is untrue. This means you will be responsible for any loss or damage we suffer as a result of any warranty being untrue.
    3. We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of Cinefanz. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
  7. Adult material: You acknowledge that you are aware that some of the Content on Cinefanz contains adult material, and you agree to take this into account when deciding where to access and view Content. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing Content containing adult material in a way which places you in breach of any contract you have with a third party (for example, your employment contract) or in breach of any applicable law.
  8. Subscriptions and purchases by Fans: This section describes the terms which apply to transactions and interactions between Fans and Creators:
    1. All transactions and interactions facilitated by Cinefanz are contracts between Fans and Creators on the terms of the Standard Contract between Fan and Creator. Although we facilitate transactions and interactions between Fans and Creators by providing the Cinefanz platform, storing Content, and acting as a payment intermediary, we are not a party to the Standard Contract between Fan and Creator or any other contract which may exist between a Fan and Creator, and are not responsible for any transactions or interactions between Fans and Creators.
    2. Creators are solely responsible for determining (within the parameters for pricing on Cinefanz) the pricing applicable to transactions and interactions and the Content to which you may be given access. All prices appear in USD only.
    3. Fan Payments are exclusive of VAT, which shall be added at the current rate as applicable to Fan Payments.
    4. To view a Creator's Content and/or utilize the fan interaction function on Cinefanz, 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 supply 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 USD. Your payment card provider may charge you currency conversion fees. We do not have 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, then if you try to make a Fan Payment from the first card and the card is rejected for any reason, then the other payment card will be used to collect the full Fan Payment.
    7. The payment provider will take (i) monthly payments from your payment card for Fan Payments which are Subscriptions; and (ii) immediate payments from your payment card for ad hoc Fan Payments such as use of the fan interaction function on a Creator's account or paying a tip to the Creator. You authorize and consent to each of these payments being debited using your supplied payment card details.
    8. Apart from free-trial Subscriptions, all Subscriptions to a Creator's profile will automatically renew at the end of the monthly subscription period, except if your payment card was declined, the subscription price has increased, or you have turned off the "Auto-Renew" switch located on the relevant Creator's profile. This means that if you want to stop subscribing to a Creator's profile and paying continuing monthly subscription charges, you will need to turn off the "Auto-Renew" switch located on the relevant Creator's profile.
    9. If you cancel a Subscription you will continue to be permitted to view the relevant Creator's 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's Content .
    10. You agree that you will not make unjustified requests for a refund from any Creator which you follow, or unjustified chargeback requests of your payment card provider in relation to any transaction between you and a Creator. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.
    11. Wallet credits: You can prepay an amount to us (known as "Wallet Credits") which you can later use to make Fan Payments. Purchases on Cinefanz cannot be divided - if you attempt a purchase that costs more than the total amount of your remaining Wallet Credits, your payment card will be charged the full amount for that purchase. Wallet Credits are subject to a maximum amount as determined by us from time to time. Interest will not accrue on Wallet Credits. You are entitled upon request (whether before or after the termination of your agreement with us) to a refund of unused Wallet Credits, unless we reasonably determine that your request for a refund is not made in good faith.
  9. Suspension of your User account: If we suspend your User account in accordance with our rights under the Terms of Service, then any Fan Payments which would otherwise have fallen due during the period of suspension of your User account will be suspended during the period of the suspension of your User account.
Last updated: December 2021
TERMS OF USE FOR CREATORS
BY USING OUR WEBSITE AS A CREATOR YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
  1. Introduction: These Terms of Use for Creators are additional terms which apply if you use Cinefanz as a Creator (also referred to as "you" and "your" in these Terms of Use for Creators). These Terms of Use for Creators form part of your agreement with us.
  2. Interpretation: In these Terms of Use for Creators, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
    1. "Person with Majority Control" means any individual who meets one or both of the following conditions in relation to a corporate entity:
      1. the individual holds, directly or indirectly, more than 50% of the shares in the corporate entity;
      2. the individual holds, directly or indirectly, more than 50% of the voting rights in the corporate entity;
    2. "VAT" means United Kingdom value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and
    3. "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the UK or any other jurisdiction.
  3. Other terms which will apply to your use of Cinefanz: The following terms will also apply to your use of Cinefanz and you agree to them:
    1. Our Terms of Use for all Users;
    2. Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
    3. Our Acceptable Use Policy – which tells you what you can and can’t do on Cinefanz;
    4. Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of Cinefanz, and how we will deal with that complaint; and
    5. The Standard Contract between Fan and Creator – which does not form part of your agreement with us, but sets out the agreement between you and your Fans for each transaction between you and them.
  4. Other terms which may apply to your use of Cinefanz: The following additional terms may apply to your use of Cinefanz:
    1. If you are established or resident in the European Union or the United Kingdom, then the Platform to Business Regulation Terms will also apply to you;
    2. If you are also a Fan, the Terms of Use for Fans will also apply to your use of Cinefanz as a Fan; and
    3. If you participate in the Cinefanz Referral Program, the Referral Program Terms will apply to your use of the Cinefanz Referral Program.
  5. What are the fees that we charge Creators for the use of Cinefanz? We charge a fee to you of twenty per cent (20%) of all Fan Payments made to you (exclusive of any VAT element of the Fan Payment) (called Our Fee). The remaining eighty per cent (80%) of the Fan Payment (exclusive of any VAT element of the Fan Payment) is payable to you (called "Creator Earnings"). Our Fee includes our costs of providing, maintaining and operating Cinefanz and storing your Content. Our Fee is deducted from the Fan Payment, and Creator Earnings are paid to you in the way described in the Payouts to Creators section below.
  6. 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 ID and two photos of you in accordance with the requirements set out here.
    2. You will need on your User account page to add bank account details of your own bank account or the bank account of a corporate entity in which you are a Person with Majority Control.
    3. You will need on your User account page to select one of the available methods provided by Cinefanz as to how your Creator Earnings will be transferred to you. These methods are called Payout Options.
    4. If you are registered for VAT in the UK, you will need to provide us with your valid UK VAT number. See the Promoting Tax compliance and VAT section of these Terms of Use for Creators in relation to UK VAT.
    5. You may also need to submit additional information depending on the country where you live.
    6. We may ask you for additional age or identity verification information at any time. We may reject your application to set up a Creator account for any reason, including the reasons stated here.
    7. Once you have set up your account as a Creator account, then if you want to charge your Fans a monthly subscription fee you will need to set your subscription price for your Fans within the range allowed by Cinefanz as set out 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 will need to know the email address used to set up the account to do so. If you do not recall the email address used to set up the account, we may require you to provide identification documents and photos and any additional evidence we may reasonably require to prove your identity.
  7. Agencies cannot be Creators: Every Creator is the owner of their own account and must have access to their account at all times. If you have an agent or agency which assists you with the operation of your Creator account (or operates it on your behalf), this does not affect your personal legal responsibility. Our relationship is with you, and not 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.
  8. Creators who use corporate entities: If you set up a corporate entity to receive your Creator Earnings, you must provide evidence to us on request that you are the Person with Majority Control of that corporate entity. We will only pay your Creator Earnings into a bank account not held in your name where the bank account is held in the name of the corporate entity and you are the Person with Majority Control 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) which are applicable to corporate entities in the place where the corporate entity is established.
  9. Subscriptions and purchases by Fans: This section describes the terms which apply to transactions and interactions between Fans and Creators:
    1. All transactions and interactions facilitated by Cinefanz are contracts between Fans and Creators on the terms of the Standard Contract between Fan and Creator. Although we facilitate transactions and interactions between Fans and Creators by providing the Cinefanz platform, storing Content, and acting as a payment intermediary, we are not a party to the Standard Contract between Fan and Creator or any other contract which may exist between a Fan and Creator, and are not responsible for any transactions or interactions between Fans and Creators.
    2. Fan Payments are exclusive of VAT, which shall be added at the current rate as applicable to Fan Payments.
    3. When a Fan has made the required payment for access to your Content, for the provision of customized Content or for use of the fan interaction function on your account, you must allow the Fan to view the Content paid for and/or provide the customized Content and/or allow the Fan to use the fan interaction function paid for (as applicable). You agree that you will indemnify us for any breach by you of this obligation (which means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of you failing to comply with this obligation).
  10. Content – general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Creator on Cinefanz:
    1. Your Content is not confidential, and you authorize your Fans to access and view your Content on Cinefanz for their own lawful and personal use, and in accordance with any licenses that you grant to your Fans.
    2. You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on Cinefanz:
      1. the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
      1. you hold all rights necessary to license and deal in your Content on Cinefanz, including in each territory where you have Fans and in the United Kingdom;
      2. you either own your Content (and all intellectual property rights in it) 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 secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on Cinefanz; and
      4. the Content is:
        1. of satisfactory quality, taking account of any description of the Content, the price, and all other relevant circumstances including any statement or representation which you make about the nature of the Content on your account or in any advertising;
        2. reasonably suitable for any purpose which the Fan has made known to you is the purpose for which the Fan is using the Content; and
        3. as described by you.
    2. You agree that you will be liable to us and indemnify us if any of the warranties at section 10(b) is untrue. This means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the warranties being untrue.
    3. We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of Cinefanz. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
    4. You also agree to act as custodian of records for the Content that you upload to Cinefanz.
  2. Co-authored Content:
    1. If you upload Content to your Creator account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) ("Co-Authored Content"), you warrant (which means you make a legally enforceable promise) that each individual shown in any Co-Authored Content uploaded to your account:
      1. is a Creator on Cinefanz;
      1. has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and
      2. has consented to the Co-Authored Content in which he or she appears being posted on Cinefanz.
    2. In addition to the confirmations in section 11(a) above, you agree that if you upload Co-Authored Content where the other person or people appearing in the Content can be identified from the Content, you will tag the Cinefanz account(s) of any person or people appearing in the Co-Authored Content who can be identified from it.
    3. You must not upload any Content containing any image, photo, video or audio of anyone else other than or addition to you unless such person is also a Creator on Cinefanz.
    4. If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on Cinefanz.
    5. You agree that we will only pay out Creator Earnings to the account of the Creator to which the Co-Authored Content is uploaded. The Creator who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the Creators shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between Creators, and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Creator Earnings earned on any Co-Authored Content in which you appear but which is posted on another Creator’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Creator, terminate your account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.
    6. You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Creator(s) who posted Co-Authored Content or appeared in the Co-Authored Content (as applicable).
  2. Payouts 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 Payout Option, we will ensure that Stripe, acting as our payment provider, will collect the Fan Payment and:
      1. pay Our Fee on the Fan Payment to an account held in our name; and
      1. pay the Creator Earnings to your bank account or the bank account of a corporate entity in which you are a Person with Majority Control (see section 8 above).
    2. We will receive the Fan Payment in full from the relevant payment provider. We will deduct Our Fee from the Fan Payment and then will hold the Creator Earnings on your behalf in our capacity as your agent.
    3. Your Cinefanz account will be updated within a reasonable time with your Creator Earnings. Your Creator Earnings will become available for withdrawal by you from your Cinefanz account once such Creator Earnings appear in your Cinefanz account.
    4. To make a withdrawal of Creator Earnings from your Cinefanz account, you must have at least the minimum payout amount in your Cinefanz account. Please click on the Banking page on your account to see what the minimum payout amount is for your country of residence and Payout Option.
    5. The amount that you see in your ‘current balance’ in your Cinefanz account is your Creator Earnings at the relevant time. All Fan Payments and Creator Earnings are transacted in USD only. Your bank may charge you currency conversion or transfer fees to receive the money. Additionally, your e-wallet company may charge you a fee for accessing the money. We do not have control over currency exchange rates or charges imposed by your bank or your e-wallet company, and we are not responsible for paying any charges imposed by your bank or your e-wallet company.
    6. 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 earned by you on the charged-back or refunded amount.
    7. Except for Payout Options involving payment by direct bank transfer from us, we do not store any data disclosed by you when you register your Payout Options with a third-party payment provider.
  2. Circumstances in which we may withhold Creator Earnings:
    1. We may withhold all or any part of the Creator Earnings due to you but not yet paid out:
      1. if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
      1. if you attempt or threaten to breach any part of the Terms of Service in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
      2. if we suspect that all or any part of the Creator Earnings result from unlawful activity, either by you or by the Fan who made the Fan Payment resulting in the Creator Earnings,
for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which 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 result from unlawful activity, we may notify you that you have forfeited your Creator Earnings.
    1. We shall not have any responsibility to you if we withhold or forfeit any of your Creator Earnings where we have a right to do so under these Terms of Use for Creators.
    2. If we are withholding all or any part of the Creator Earnings due to you and we determine that part of the Creator Earnings withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful activity, then we may pay to you the part of the Creator Earnings which we determine to be unrelated to breaches by you of the Terms of Service or suspected unlawful activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all Creator Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.
    3. If once we have finished our investigation we determine that Creator Earnings are forfeited, we will use our best efforts to return any Fan Payments which resulted in forfeited Creator Earnings to the relevant Fans who paid such Fan Payments.
  2. Promoting Tax compliance and VAT:
    1. General:
      1. We recommend that all Creators seek professional advice to ensure you are compliant with your local Tax and VAT rules, based on your individual circumstances.
      2. By using Cinefanz as a Creator, you warrant (which means you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of Cinefanz to the relevant Tax authority in your jurisdiction, as required by law.
      3. By using Cinefanz as a Creator you warrant (which means you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to Tax which apply to you. If, at any point whilst you have an Cinefanz account, any Tax non-compliance occurs in relation to you (including a failure by you to report earnings or the imposition on you of any penalty or interest relating to Tax) or if any litigation, enquiry, or investigation is commenced against you that is in connection with, or which may lead to, any occurrence of Tax non-compliance, you agree that you will:
        1. notify us by email to administrator@Cinefanz.com in writing within 7 days of the occurrence of the Tax non-compliance or the commencement of the litigation, enquiry or investigation (as applicable); and
        2. promptly provide us by email to administrator@Cinefanz.com with:
          1. details of the steps which you are taking to address the occurrence of the Tax non-compliance and to prevent the same from happening again, together with any mitigating factors that you consider relevant; and
          2. such other information in relation to the occurrence of the Tax non-compliance as we may reasonably require.
      4. For the avoidance of doubt, you are responsible for your own Tax affairs and Cinefanz is not responsible or liable for any non-payment of Tax by Creators.
      5. We reserve the right to close your Cinefanz account if we are notified of or become aware of any Tax non-compliance by you.
    2. UK VAT and UK established Creators:
      1. For the purposes of UK VAT only, Creators are treated as providing their services to Cinefanz, rather than to Fans directly.
      2. If you are a Creator registered for UK VAT:
        1. You will be treated, for VAT purposes, as charging Cinefanz your Creator Earnings (80% of all and any Fan Payments), together with UK VAT at the prevailing rate in force at the time of the Fan Payment;
        2. Cinefanz also agrees that, subject to the terms set out in this section of these Terms of Use for Creators, you can add UK VAT at the prevailing rate in force at the time of the referral payment to the amount of any referral payments payable to you under the Referral Program Terms ("Referral Payments
        3. The VAT element added to your Creator Earnings (and Referral Payments, if any) (the "VAT Amount") will be paid to you by us by way of a separate payment outside of your regular Creator Earnings, provided that you must have submitted to us copies of the following before payment of the VAT Amount will be made by us:
          1. your VAT registration number
          2. a valid VAT invoice
          3. a VAT return made to HM Revenue & Customs, including a value of taxable supplies equal to or greater than the aggregate value of your Creator Earnings (and Referral Payments, if any) for the relevant period.
      3. You shall pay the VAT Amount which is paid to you by us directly to HM Revenue & Customs;
      4. If you need any further information or assistance on what is needed in order to receive the VAT Amount you can email administrator@Cinefanz.com.
      5. More information on who is required to register for VAT in the UK, and the VAT position for Creators whose earnings are not above the earnings threshold or who are not VAT registered can be found at https://www.cinefanz.com/p/help and in the following guidance from HM Revenue & Customs in the UK at https://www.gov.uk/vat-registration/when-to-register.
      6. You agree that you will keep copies of all VAT invoices and VAT returns in connection with your earnings from Cinefanz and you will 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 VAT legislation and make, give, obtain, maintain and keep accurate, complete and up-to-date records, invoices, accounts and other documents required for the purposes of the VAT legislation.
      7. If you are a Creator in the UK who is not required to register for UK VAT, then you should monitor the level of taxable sales that you make in the UK (including any Referral Payments) to ensure you have not exceeded the VAT registration threshold in the UK. It is your obligation, as a taxable person, to monitor whether you have exceeded the VAT registration threshold.
      8. We do not monitor earnings that Creators receive from other income sources. However, we will monitor the annual earnings of UK Creators on our platform, and if you are not already VAT registered 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 a VAT registration notification, you agree to register for VAT as soon as possible and to send your VAT registration number to us at administrator@Cinefanz.com, within 6 weeks of such notification. Failure to do so may result in your Cinefanz account being closed.
Last updated: December 2021




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

User content: We do not own any data, information or material ("Content") that you submit to the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account. But you grant us permission to access, copy, distribute, store, transmit, reformat, display, commercial, marketing or any similar purpose and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
Adult content:  Please be aware that there may be certain adult or mature content available on the Website individuals who are less than 18 years of age or are not permitted to access Cinefanz  or such content under the laws of any applicable jurisdiction may not access such content.
Billing and payments: You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Cinefanz, the right to terminate any and all memberships for violations of Terms of Service without refund.
Accuracy of information: Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related website has been modified or updated.
Third party services:
If you decide to enable, access or use third party services, be advised that your access and use of such other services is governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against. INVISIBLE SUN ENTERTAINMENT GROUP/CINEFANZ/ISEGLTD  with respect to such other services. INVISIBLE SUN ENTERTAINMENT GROUP/CINEFANZ/ISEGLTD is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting INVISIBLE SUN ENTERTAINMENT GROUP/CINEFANZ/ISEGLTD to disclose your data as necessary to facilitate the use or enablement of such other service.
Uptime guarantee:
We offer a Service uptime guarantee of 99% of available time per month. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
Backups:
We perform regular backups of the Website and Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
Links to other websites:
Although this Website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site pages or other websites is at your own risk.
Prohibited uses:
In addition to other terms as set forth in the Agreement, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer of warranty:
You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of liability:
To the fullest extent permitted by applicable law, in no event will INVISIBLE SUN ENTERTAINMENT GROUP/CINEFANZ/ISEGLTD, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if INVISIBLE SUN ENTERTAINMENT GROUP/CINEFANZ/ISEGLTD has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of INVISIBLE SUN ENTERTAINMENT GROUP/CINEFANZ/ISEGLTD and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to INVISIBLE SUN ENTERTAINMENT GROUP/CINEFANZ/ISEGLTD for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Indemnification:
You agree to indemnify and ho INVISIBLE SUN ENTERTAINMENT GROUP/CINEFANZ/ISEGLTD and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
Severability:
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution:
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Virginia, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Virginia, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Assignment:
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are is free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and amendments:
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do we will post a notification on the main page of our Website. Continued use of the Website after any such changes shall constitute your consent to such changes.
Acceptance of these terms:
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

This document was last updated on December  7 2021