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 QvaFans and your agreement with us.
2. Interpretation: In the Terms of Service:
1. We refer to our website as "QvaFans", including when accessed through the  www.qvafas.com or through any web browser;
2. References to "we", "our", "us" are references to GALERIAS VIP LLC, the operator of QvaFans;
3. "Content" means any material uploaded to QvaFans by any User (whether a Creator or a Subscriber), including photos, videos, audio (e.g. 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 QvaFans account as a Model account to post Content on QvaFans for viewing by other Users;
5. "Subscriber" means a User who follows a Creator and can view the Creator's Content;
6. "Underpayment" means any and all payments made by a Subscriber to a Creator, including payments for access to a Creator's Content, for interaction with the Creator, to obtain new Content from the Creator, to subscribe to the account from the Creator and any tips. paid by a Subscriber to the Creator;
7.   "Referring User" means a User who participates in the QvaFans Referral Program;
8.   "Terms of Service" (also called "your agreement with us") means the legally binding agreement between you and us consisting of: (i) these Terms of Use for all users, (ii) Terms of Use for Subscribers, ( iii) Terms of Use for Creators, (iv) Privacy Policy, (v) Acceptable Use Policy, (vi) Referral Program Terms, (vii) Complaints Policy, and (viii) Platform Regulation Terms for Businesses;
9.   “User” means any user of QvaFans, whether a Creator or a Subscriber or both (also referred to as “you” or “your”).
3. Who we are and how to contact us: QvaFans is operated by Galerias Vip LLC. We are a limited liability company registered in the United States of America, with company registration number L22000447340, and have our registered office address at 5843 SW 17 st Miami, FL, USA, 33155

To contact us with any questions about QvaFans, please email our support team at info@vipgalerias.com. If you cannot reach us by email, please write to us at the following address:5843 SW 17 st Miami, FL, USA, 33155

1.How we may change the Terms of Service: We may change any part of the Terms of Service without prior notice to you in the following circumstances:
1. to reflect changes in laws and regulatory requirements that apply to QvaFans and QvaFans services, features and programs when such changes require QvaFans to change its terms and conditions in a manner that does not permit us to reasonably notify you; and
2. to address an unforeseen and imminent danger related to defending QvaFans, Subscribers or Creators against fraud, malware, spam, data breaches or other cybersecurity risks.

We may also make other changes to any part of the Terms of Service and will provide you with reasonable notice of such changes by email or through QvaFans, and you may contact us to terminate your agreement with us before the changes become effective. . Once the updated Terms of Service come into effect, you will be bound by them if you continue to use QvaFans.

1. We may make changes, suspend or withdraw QvaFans: We may update and change QvaFans from time to time for any reason, including to reflect changes in our services, user needs and our business practices or to improve performance, improve functionality or address safety. affairs. We will try to give you reasonable notice of any material changes. We do not guarantee that QvaFans, or any Content thereof, will always be available or accessible without interruption. We may suspend, withdraw or restrict the availability of all or part of QvaFans for commercial or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.
2. Register on QvaFans: To use QvaFans, you must first register and create a user account on QvaFans. You must provide a valid email address, username and password and authenticate using a valid phone number. Your password must be unique (meaning it is different from those you use for other websites) and must meet the QvaFans site's technical requirements for password composition. To register as a User:
1. You must be at least 18 years old and will be asked to confirm this;
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 over 18, then you must be old enough to be legally bound by a contract. with us in accordance with the laws of the country or state/province where you live; and
3. You should not be prohibited from accessing our platform under any law that applies to you.
If you do not meet the above requirements, you should not access or use QvaFans.

If you do not meet the above requirements, you must not access or use Qvafans

1.Your commitments to us: When you register and use QvaFans, you make the following commitments to us:

  1. If you previously had an account with QvaFans, 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 by email,Telegram, WhatsApp and messages posted to your QvaFans account, and to the processing of your personal data as further detailed in our Privacy Policy.
5. You will maintain the confidentiality and security of your account and access details, including your user details, passwords and any other information that is part of our security procedures, and will not disclose them to anyone else. You will contact info@vipgalerias.com 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 security breach. 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 public or shared 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, another person 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 QvaFans.
2. Rights we have, including the right to suspend or terminate your account:
1. It is our policy to suspend access to any Content that you post on QvaFans that we are aware may not comply with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable laws while we investigate the suspicion. of non-compliance. compliance or illegality of said 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 info@vipgalerias.com. Following our investigation of suspected non-compliance or illegality of the Relevant Content, we may take any action we deem appropriate, including restoring access to the Content or permanently removing or disabling access to the Relevant Content without obtaining your consent and without prior notice. warning. 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 suspension of access to your Content or any other action we take in good faith to investigate any suspected non-compliance or illegality of your Content under this section.
2. If we suspend access to or remove any of your Content, we will notify you
3. by email or electronic message to your QvaFans account, but we are not required to notify you in advance of such deletion.
4. We reserve the right, in our sole discretion, to terminate your contract with us and your access to QvaFans for any reason by giving you 30 days' notice by email or electronic message to your QvaFans account. We may also suspend access to your user account or terminate your contract with us and your access to QvaFans immediately and without notice:
if we believe that you have materially or repeatedly breached or may have breached any part of the Terms of Service (including, in particular, our Acceptable Use Policy), or if you attempt or threaten to breach any part of the Terms of Service in a manner that has or could have serious consequences for us or another User; either
if you take any action which, in our opinion, has caused or is reasonably likely to cause us loss or otherwise damages QvaFans reputation.

If we suspend access to your User account or terminate your agreement with us and your access to QvaFans, we will let you know. During any period in which access to your User account is suspended, all Subpayments that would otherwise have become due during the suspension period will be suspended, and we may retain all or part of the Creator Earnings owed to you but that have not yet been paid. in accordance with section 13 of the Creator Terms of Use.

1.  Upon termination of your account, we may process your Content in any appropriate manner 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 feature on QvaFans that allows you to access your Content after canceling your account.
2. We may investigate any suspected or alleged misuse, abuse, or illegal use of QvaFans and cooperate with law enforcement authorities in such investigation.
3. We may disclose any information or records in our possession or control about your use of QvaFans to law enforcement agencies in connection with any law enforcement investigation into any suspected 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 applicable details in your QvaFans account.
5. Other than the Content (which is owned or licensed by the Creators), all rights to QvaFans and all of its content, features, databases, source code and functionality are owned by us and/or our licensors. Such material is protected by copyright and may be protected by trademark, trade secret and other intellectual property laws.
6. We are the sole and exclusive owners of all anonymous data related to your use of QvaFans and such anonymous 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 to provide you with QvaFans, but there are certain things for which we are not responsible, namely:
1. We do not authorize or approve QvaFans Content, and the opinions expressed by Creators or Subscribers on QvaFans do not necessarily represent our opinions.
2. We do not grant you any rights in relation to the Content. Such rights can only be granted by the Creators.
3. Your Content may be viewed by people who recognize your identity. We will not be in any way liable to you if you are identified from your Content. While we may, from time to time and in our sole discretion, offer certain geofencing or geolocation technology on QvaFans, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology, and you will not have any claim against us arising from its use. or reliance on any geofencing or geolocation technology on QvaFans.
4. You agree that you are under no obligation to follow any suggestions, comments, reviews or instructions received from another QvaFans User and that if you choose to do so, you do so at your own risk.
5. We make no promises or guarantees of any kind that Referring Creators or Users will earn any amount of money (or any money) from using QvaFans (including the QvaFans Referral Program).
6. The materials we make available to users on QvaFans 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 effect from using such materials.
7. We do not promise that QvaFans is compatible with all devices and operating systems. You are responsible for configuring your information technology, device and software to access QvaFans. You must use your own antivirus protection software.
8. We are not responsible for Internet availability or for any errors in your connections, device or other equipment, or software that may occur in connection with your use of QvaFans.
9. While we try to ensure that QvaFans is safe, bug- and virus-free, we cannot promise that it will be and we have no control over the Content provided by Creators.
10. We will not be liable for any lost, stolen, or compromised user accounts, passwords, or email accounts, or any resulting unauthorized activity, or any resulting unauthorized payments or withdrawals.
11. You acknowledge that once your Content is posted on QvaFans, we cannot control and will not be responsible to you for any use of such Content by other Users or third parties. You may delete your account at any time, but you acknowledge that deleting your account will not in 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 the deletion of your account.
12. We reserve the right to close your account after 90 days of inactivity. Inactivity is determined by calculating the number of days since the last approved content was uploaded to your feed. After 90 days, we will notify you by email or electronic message, and this email will serve as final notification. Your account will be terminated and we will retain all profits earned to cover operating costs associated with closing your account. This action will be taken without future dispute.
  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 grant licenses in respect of your Content to us. and other Users. This includes any rights necessary to perform the acts covered by subsection 10(b) below in any territory in which QvaFans is accessible and, in particular, in the United States of America, the United Kingdom and the European Union.
2.You agree to grant us a license to all of your Content to perform any act restricted by any intellectual property rights (including copyrights) in such Content, for any purpose reasonably related to the provision and operation of QvaFans. Such acts include reproducing, making available and communicating to the public, displaying, performing, distributing, translating and creating adaptations or derivative works of your Content, and otherwise dealing with your Content.
3.The license you grant to us under subsection 10(b) above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using QvaFans, that we do not have to pay you for the license, and that we may sublicense your Content to another person or assign or transfer the license to another person. person. This license will allow us, for example, to add stickers, text and watermarks to your Content, make your Content available to other QvaFans Users, as well as use your Content for other normal QvaFans operations, including, but not limited to. to post them on social media websites. We will never sell your Content to other platforms, although we may sell or transfer any licenses you grant us in the Terms of Service in the event of a sale of our business or its assets to a third party.
4.Although we do not own your Content, you grant us the limited right to send infringement (including copyright or trademark) notices on your behalf to any third-party website or service that hosts or otherwise deals with infringing copies. of your Content without your permission. Although we are under no obligation to do so, we may at any time send or remove such notice to any third party website or service as we deem appropriate. You agree that, upon request, you will provide us with all consents and other information we reasonably require to send infringement notices on your behalf. Please see our Complaints Policy to learn how to file a complaint about intellectual property infringement.
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 QvaFans. 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 disclaimer 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. Linking to and from QvaFans:
1.Links to QvaFans:
You may link to the QvaFans 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 on our part.
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 to which you link or otherwise promote your Creator account. When promoting your Creator account, you must not impersonate QvaFans or give the impression that we are promoting your Creator account if this is not the case. You must not promote your QvaFans account by using Google Ads or any similar advertising platform or search engine advertising service.

QvaFans Links: If QvaFans contains links to other sites and resources provided by third parties, these links are provided solely for your convenience. Such links should not be interpreted as an endorsement by us of those linked websites or any information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from their use. If you decide to access any of the third-party websites linked to QvaFans, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
How do I delete my account? If you wish to delete your QvaFans account, you may do so by contacting a service agent at info@vipgalerias.com.

1.If you are a Subscriber, 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 Subscriber's paid subscription period, after which you will receive your final payment and your account will be deleted.
3.Once your account has been deleted, you will no longer be charged or have access to your previous QvaFans account or its Content, and all subscriptions will be deleted and cannot be renewed later. You will receive an email confirmation when your account has been successfully deleted. Once your account has been deleted, we may process your Content in any appropriate manner 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 feature on QvaFans for you to access your Content after the cancellation of your account.

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 would be unlawful 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 subsidiaries, employees, owners, representatives and agents will not be liable to you for any loss of profits, loss of business or revenue, business interruption, loss of business opportunity or loss of anticipated savings that you suffer as a result of or in connection with your use of QvaFans.
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 related to your agreement with us will be limited to US$250 per claim.

If you are a Commercial User: If you are a Commercial 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 QvaFans or any content thereof. This means that if the Terms of Service do not expressly include a promise or commitment on our part, then the law cannot imply it;
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 failure to use reasonable care and skill. 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 you and we 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 QvaFans or any of its services, features or programs; either
your use of or reliance on any content (including the Content) stored on QvaFans;
will not be liable to you for any:
loss of profits;
loss of sales, business or income;
business interruption;
loss of anticipated savings;
loss of business opportunity, 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 QvaFans 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 your copyright is infringed by another User or a third party;
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");
shall not be liable to you for any failure or delay by us in performance of any part of the Terms of Service arising from events beyond our reasonable control. If there is any failure or delay by us in performance of any part of the Terms of Service arising from an event beyond our reasonable control, we will contact you as soon as possible to inform you and will take steps to minimize the effect of the delay. .
Our entire liability to you for any and all claims arising out of or in connection with your agreement with us, whether in contract, tort (including negligence), breach of statutory duty or otherwise, will be limited to the greater of :
100% of the total fees paid by you to us in connection with your use of QvaFans; and
5,000 dollars.

6.General: You agree that:
1.You understand that any activity that is illegal or violates card brand standards is prohibited.
2.You must obtain and maintain on record the written consent of all persons depicted in the specific content for the following areas: consent to appear in the content, consent to allow public distribution of the content and uploading the content to qvafans.com and, if the content will be available for other users to download, consent for the content to be downloaded.
3.You must verify the identity and age of all persons depicted in the content to ensure that all persons depicted are adults and to be able to provide
supporting documents when requested.
4.If any aspect of your agreement with us is unenforceable, the remainder will remain in effect.
5.If we fail to enforce any aspect of your agreement with us, it will not be a waiver;
6.We reserve all rights not expressly granted to you.
7.You are granted no implied licenses or other rights in connection with any part of QvaFans, except as expressly set forth in the Terms of Service.
8.Your agreement with us does not grant any third party rights, except as set out in the exclusions and limitations of liability in the section titled Who is responsible for any loss or damage suffered by you? may be applied by our subsidiary companies, employees, owners, representatives and agents.
9.You may not transfer your rights or obligations under your agreement with us without our prior written consent.
10.Our rights and obligations under your agreement with us may be assigned or transferred by us to others. For example, this could occur if our ownership changes (such as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for performance of such obligations.
11.The Terms of Service form the entire agreement between you and us with respect to your access and use of QvaFans, and supersede any and all prior oral or written agreements or understandings between us and you.
7.Terms related to disputes: the law that applies to your agreement with us and where disputes and claims related to QvaFans may be brought (including those arising out of or in connection with your agreement with us):
1.For consumers (Subscribers):
Consumers - Law:

If you are a consumer, your agreement with us is governed by the law of the United States of America and the law of the United States of America will apply to any claim you have against us or that we have against you arising out of or in relation to your agreement with us (including non-contractual disputes or claims). You will also be able to rely on the mandatory rules of the law of the country in which you live.
Consumers: where complaints should be filed:
If you are a consumer resident in the United States of America, any claim arising out of or in connection with your agreement with us (whether by you against us or by us against you, and including non-contractual disputes or claims) may be brought in the courts of the United States of America or in the courts of the country where you live.
If you are a consumer residing outside of the United States of America, any claims 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 brought in the courts of the United States of America.
1. For commercial users (creators and submitting users):
Commercial Users – Law:
Commercial Users: Where to File Claims:
If you are a Commercial User, you and we agree that the courts of the United States of America 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 its purpose or formation.

1.Limitation Period for Filing Claims: Except where prohibited by applicable law, any claim or cause of action you have with respect to QvaFans (including those arising out of or related to your agreement with us) must be filed within one year after from the date on which the claim or cause of action arose or the date on which you became aware of the facts giving rise to the cause of action (whichever occurs first), or it will be forever barred.
8.Other terms that form part of your agreement with us: These Terms of Use for all users govern your agreement with us. Certain other terms or policies that are part of the Terms of Service will also apply to you and form part of your agreement with us, as follows:
1.Subscriber Terms of Use, which contain additional terms that apply if you use QvaFans as a subscriber;
2.Creator Terms of Use, which contain additional terms that apply if you use QvaFans as a creator;
3.Privacy Policy.- which applies to all users and tells you how we use your personal data and other information we collect about you;
4.Acceptable use policy. that applies to all users and tells you what you can and cannot do on QvaFans;
5.Referral Program Terms – outlining the terms that apply if you participate in the QvaFans Referral Program;
6.Complaints Policy – which sets out the procedure for making a complaint about any aspect of QvaFans and how we will deal with that complaint; and
7.Platform to Business Regulation Terms – containing additional terms that apply to Creators established or resident in the European Union or the United Kingdom.

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 update: July 6, 2024

TERMS OF USE FOR SUBSCRIBERS

BY USING OUR WEBSITE AS A SUBSCRIBER, YOU AGREE TO THESE TERMS. READ THEM CAREFULLY.

1.Introduction: These Subscriber Terms of Use are additional terms that apply if you use QvaFans as a subscriber (also referred to as “you” and “your” in these Subscriber Terms of Use). These Subscriber Terms of Use form part of your agreement with us.
2.Interpretation: In these Terms of Use for Subscribers, defined terms have the same meaning as given to them in the Terms of Use for all Users. Besides:
1."Subscription" means a Subscriber's monthly subscription to a Creator's account;
2."Tax" shall include all forms of legal, governmental, state, federal, provincial, local or municipal taxes and charges, duties, contributions, levies, withholdings or obligations, wherever levied and whether in the United States or in any other jurisdiction.
3.Other terms that will apply to your use of QvaFans: The following terms will also apply to your use of QvaFans 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 cannot do on QvaFans;
4.Our Complaints Policy - which sets out the procedure for making a complaint about any aspect of QvaFans and how we will deal with that complaint; and
5.The Standard Subscriber Creator Agreement - which is not part of your agreement with us, but applies to every transaction you enter into with any Creator and sets out the terms on which you will contract with Creators.
4.Other terms that may apply to your use of QvaFans: The following additional terms may apply to your use of QvaFans:
1.If you are also a Creator, the Creator Terms of Use will apply to your use of QvaFans as a Creator; and
2.If you participate in the QvaFans Referral Program, the Referral Program Terms will apply to your use of the QvaFans Referral Program.
5.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 provide that you can only be legally bound by a contract with us at an age over 18, then you are old enough to be legally bound by a contract with us according to the laws of the country or state/province where you live; and
3.You will not be prohibited from accessing QvaFans under any law that applies 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 Content posted, displayed, uploaded or published by you as a Subscriber on QvaFans:
1.You warrant (which means you make a legally enforceable promise to us) that for each item of Content you post, display, upload or publish on QvaFans:
1.the Content fully complies with the Terms of Service (and in particular with our Acceptable Use Policy);
2.you are the owner of your Content (and all intellectual property rights in it) or you have a valid license to your Content; and

If your Content includes or uses 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 subsequent use and exploitation of that Content on QvaFans .

1.You agree that you will be liable to us and will indemnify us if any of the warranties in Section 6(a) are found to be untrue. This means that you will be responsible for any loss or damage we suffer as a result of any warranty being false.
2. We are not responsible for and do not endorse any aspect of the Content posted by you or any other QvaFans User.
7. Adult Material: You acknowledge that you are aware that some QvaFans Content 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 accessing or viewing Content containing adult material in a way that breaches any contract you have with a third party (for example, your employment contract). ) or in violation of any applicable law.
8. Subscriptions and purchases by Subscribers: This section describes the terms that apply to transactions and interactions between Subscribers and Creators:
1. All transactions and interactions facilitated by QvaFans are contracts between Subscribers and Creators under the terms of the standard Subscriber-Creator Agreement. Although we facilitate transactions and interactions between Subscribers and Creators by providing the QvaFans platform, hosting Content and acting as a payment intermediary, we are not a party to the standard Subscriber-Creator Agreement or any other agreement that may exist between a Subscriber and Creator, and we do not are responsible for any transactions or interactions between Subscribers and Creators.
2. Creators are solely responsible for determining (within QvaFans' pricing parameters) the price applicable to transactions and interactions and the Content to which you may be given access. All prices appear in US dollars only.
3. To view a Creator's Content and/or use the Subscriber interaction feature on QvaFans, you must first add a payment card to your account and then click the "Subscribe" button on the corresponding Creator's profile.
4. You authorize us to provide your payment card details to a third party payment provider for the purpose of processing your Subscriber Payment. All Subscriber Payments will be charged in USD. 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 are not responsible for paying any charges or fees imposed by your payment card provider or bank.
5. If you choose to provide details of two or more payment cards, if you attempt to make a Subscriber Payment from the first card and the card is declined for any reason, then the other payment card will be used to collect the full Subscriber Payment.
6. The payment provider will take (i) monthly payments from your payment card for Subscriber Payments that are Subscriptions; and (ii) immediate payments from your payment card for ad hoc Subscriber Payments, such as using the Subscriber interaction feature in a Creator's account or paying a tip to the Creator. You authorize and agree that each of these payments will be debited using your provided payment card details.
7. Other than 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 increased, or you turned off the "Renewal" switch. "automatic" located in the profile of the corresponding Creator. This means that if you want to stop subscribing to a Creator's profile and pay ongoing monthly subscription charges, you will need to manually unsubscribe on the Creator's page.
8. If you cancel a Subscription, you will continue to be permitted to view the applicable Creator Content until the end of the subscription period in which you canceled it, after which no further payments will be made from your payment card in respect of subscriptions to that Creator's profile. Creator, and you will no longer be able to view the corresponding Creator Content.
9. You agree that you will not make unreasonable refund requests from any Creator you follow, or make unreasonable chargeback requests from your payment card provider in connection with any transaction between you and a Creator. If we believe that you made any refund or chargeback request in bad faith, we have the right to suspend or delete your User account.
9.Suspension of your User Account: If we suspend your User Account in accordance with our rights under the Terms of Service, then any Subscription Payments that would otherwise have been due during the period of suspension of your User Account will be suspended for the period suspension of your user account.

Last update: July 6, 2024

TERMS OF USE FOR CREATORS

BY USING OUR WEBSITE AS A CREATOR, YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

1. Introduction: These Creator Terms of Use are additional terms that apply if you use QvaFans 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."Majority controlling person" means any individual who meets one or both of the following conditions in relation to a corporate entity:
2.the individual owns, directly or indirectly, more than 50% of the shares of the corporate entity;.the natural person owns, directly or indirectly, more than 50% of the voting rights in the legal entity;
2."Tax" shall include all forms of legal, governmental, state, federal, provincial, local or municipal taxes and charges, duties, contributions, levies, withholdings or obligations, wherever levied and whether in the United States or in any other jurisdiction.
3.Other terms that will apply to your use of QvaFans: The following terms will also apply to your use of QvaFans 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 cannot do on QvaFans;
4.Our Complaints Policy - which sets out the procedure for making a complaint about any aspect of QvaFans and how we will deal with that complaint; and
5.The Standard Subscriber Creator Agreement - which is not part of your agreement with us, but sets out the agreement between you and your Subscribers for each transaction between you and them.
4.Other terms that may apply to your use of QvaFans: The following additional terms may apply to your use of QvaFans:
1.If you are also a Subscriber, the Subscriber Terms of Use will also apply to your use of QvaFans as a Subscriber; and
2.If you participate in the QvaFans Referral Program, the Referral Program Terms will apply to your use of the QvaFans Referral Program.
5.What are the fees we charge creators for using QvaFans? We charge you a fee of twenty percent (20%) of all Subscriber Payments we make to you (excluding any fee elements of the Subscriber Payment) (referred to as Our Fee). The remaining eighty percent (80%) of the Subscription Payment (excluding any fee elements of the Subscriber Payment) is paid to you (referred to as "Creator Earnings"). Our Fee includes our costs to provide, maintain and operate QvaFans and store your Content. Our Fee is deducted from the Subscriber Payment and Creator Earnings are paid to you in the manner described in the Payments 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 to register as a Creator and upload a valid form of identification and a photo of your face along with the ID in accordance with the requirements set forth here.
7.You will need to select one of the available methods provided by QvaFans to find out how your creator earnings will be transferred to you. These methods are called Payment Options.
8.You may also need to submit additional information depending on the country where you live.
9.We may request additional identity or age verification information from you at any time. We may deny your request to set up a Creator account for any reason, including the reasons stated here.
10.Once you have set up your account as a Creator account, if you wish to charge your Subscribers a monthly subscription fee, you will need to set the subscription price for your Subscribers within the range allowed by QvaFans as set forth here.
11.You can then begin adding Content and Users can subscribe to your account to become your Subscribers.
12.If you lose access to your account, you can reset your password, but to do so you will need to know the email address used to set up the account. If you do not remember the email address used to set up the account, we may ask you to provide identification documents and photographs and any additional evidence we may reasonably request to prove your identity.
13.Agencies cannot be creators: each creator is the owner of their own account and must have access to it at all times. If you have an agent or agency that assists you with the operation of your creator account (or manages it on your behalf), this does not affect your personal legal liability. Our relationship is with you, not your agent or agency, and you shall be legally responsible to ensure that all Content posted and all use of your account complies with the Terms of Service.
14.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 Person in Majority Control 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 Person in 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) that apply to corporate entities in the location where the corporate entity is established.
15.Subscriptions and purchases by Subscribers: This section describes the terms that apply to transactions and interactions between Subscribers and Creators:
1.All transactions and interactions facilitated by QvaFans are contracts between Subscribers and Creators under the terms of the standard Subscriber-Creator Agreement. Although we facilitate transactions and interactions between Subscribers and Creators by providing the QvaFans platform, hosting Content and acting as a payment intermediary, we are not a party to the standard Subscriber-Creator Agreement or any other agreement that may exist between a Subscriber and Creator, and we do not are responsible for any transactions or interactions between Subscribers and Creators.
2.Where a Subscriber has made the payment required to access your Content, to provide Custom Content, or to use the Subscriber interaction feature in your account, you must allow the Subscriber to view the Paid Content and/or provide the Custom Content. and/or allow Subscriber to use the paid Subscriber interaction feature (as applicable). You agree that you will indemnify us for any breach by you of this obligation (which means that you will be liable for any loss or damage (including loss of profits) we suffer as a result of your breach of this obligation).
16.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 Content posted, displayed, uploaded or published by you as a Creator on QvaFans:
1.Your Content is not confidential and you authorize your Subscribers to access and view your Content on QvaFans for their personal and lawful use, and in accordance with any licenses you grant to your Subscribers.
2.You warrant (which means you make a legally enforceable promise to us) that for each item of Content you post, display, upload or publish on QvaFans:
1.the Content fully complies with the Terms of Service (and in particular with our Acceptable Use Policy);
2.you have all rights necessary to license and trade your Content on QvaFans, including in each territory where you have Subscribers and in the United States of America;
you are the owner of your Content (and all intellectual property rights in it) or you have a valid license to offer and provide your Content to your Subscribers;
1. if your Content includes or uses 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 subsequent use and exploitation of that Content on QvaFans; and
2. 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 suitable for any purpose that Subscriber has made known to you is the purpose for which Subscriber is using the Content; and
3.just as you described it.
3. You agree that you will be liable to us and will indemnify us if any of the warranties in Section 10(b) are found to be untrue. This means that you will be responsible for any loss or damage (including loss of profits) we suffer as a result of any warranty being false.
4. You also agree to act as custodian of the records of the Content you upload to QvaFans.
5. Co-authored content:
1.If you upload Content to your Creator account that features anyone other than yourself (even if that person cannot be identified from the Content) ("Co-authored Content"), you warrant (meaning you make a legally enforceable promise ) that each individual displayed in any Co-authored Content uploaded to your account:
1.is a Creator on QvaFans;
2.you have given your express, prior and fully informed consent to your appearance in the Co-Authored Content; and
has given consent for the Co-authored Content in which he or she appears to be posted on QvaFans.
1. 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 QvaFans accounts of any person or persons who appear in the Co-authored Content and can be identified from it.
2. You must not upload any Content containing images, photographs, videos or audio of any person other than yourself or in addition to yourself, unless such person is also a Creator on QvaFans.
3. 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 author of the Content that are sufficient to permit such Content to be uploaded and available on QvaFans.
4. 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 displayed in such Co-authored Content. Any revenue sharing agreements will be private and separate agreements between Creators, and we are not responsible for providing or enforcing such agreements. You understand and agree that you are not entitled to any creator earnings earned from any co-authored content in which you appear but that is posted to another creator's account. If you post Co-Authored Content to your account, we may require that you provide valid and complete legal information for all persons who appear in the Co-Authored Content. If you do not provide the information we request 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 retain all or part of any Creator Earnings earned. but he has not been paid yet.
5. You agree to hold us harmless and not assert any claims against us arising from your co-authored Content. You agree that all claims arising from the Co-authored Content will be brought against the Creator(s) who posted the Co-authored Content or appeared in the Co-authored Content (as applicable).
6. Payments to creators:
1.All subscriber payments will be received by a third-party payment provider approved by us.
2.If you have chosen the CCBILL payment option, we will ensure that CCBILL, acting as our payment provider, collects payment from the subscriber and:
1.pay our fee on the subscriber payment to an account in our name; and
2.pay the Creator Profits to your bank account or to the bank account of a corporate entity in which you are a Majority Controlling Person (see section 8 above).
3.If CCBILL is not your chosen payment option, we will receive the subscriber's payment in full from the applicable payment provider. We will deduct our fee from the subscriber's payment and then hold the creator's earnings on their behalf in our capacity as agent.
4.Your QvaFans account will be updated within a reasonable time with your creator earnings. Your Creator Earnings will be available for you to withdraw from your QvaFans account once such Creator Earnings appear in your QvaFans account.
5.To make a Creator Earnings withdrawal from your QvaFans account, you must have at least the minimum payout amount in your QvaFans account. Click on your Account Payments page to see what the minimum payment amount is for your country of residence and the Payment Option.
6.The amount you see in your "available balance" in your QvaFans account is your Creator Earnings at the relevant time. All Subscriber Payments and Creator Earnings are made 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 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.
7.If a Subscriber successfully requests a refund or chargeback from their credit card provider in respect of a Subscriber Payment, we may investigate and may decide to deduct from your account an amount equal to the Creator Earnings you earned from the Subscriber Payment. amount returned or refunded.
8.Except for Payment Options that involve payment by direct bank transfer from us, we do not store any data disclosed by you when you register your Payment Options with a third-party payment provider.
7.Circumstances in which we may retain Creator Profits:
1.We may retain all or part of the Creator Earnings that are owed to you but have not yet been paid:
1.if we believe that you have materially or repeatedly breached or may have breached any part of the Terms of Service;
2.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 losses caused to us or another User); either
if we suspect that all or part of the Creator Earnings are the result of illegal activity, whether by you or the Subscriber who made the Subscriber Payment that resulted in the Creator Earnings,
1.If no appropriate content has been uploaded in the last 30 days

for as long as necessary to investigate actual, threatened or suspected non-compliance by you or suspected illegal activity (as applicable). If after our investigation, we conclude that (i) you have materially or repeatedly violated 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 potential losses 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 withhold 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 part 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 breach of the Terms of Service or suspected illegal activity. However, you agree that if we believe that your breach of the Terms of Service has caused or may cause us a loss, we may retain all Creator Earnings that are owed to you but have not yet been paid and we may set off such amounts against any loss suffered. for us.
3.If after we have completed our investigation we determine that Creator Earnings have been lost, we will use reasonable efforts to return any Subscriber Payments that resulted in the loss of Creator Earnings to the relevant Subscribers who paid such Subscriber Payments.
4.Promoting tax compliance:
General:
We recommend that all creators seek professional advice to ensure they comply with their local tax obligations, depending on their individual circumstances.
By using QvaFans as a Creator, you warrant (meaning you make a legally enforceable promise) that you have reported and will in the future report the receipt of all payments made to you in connection with your use of QvaFans to the appropriate tax authority in your jurisdiction, as required by law.
By using QvaFans as a Creator, you warrant (meaning you make a legally enforceable promise) that you will at all times comply with all tax-related laws and regulations that apply to you. If, at any time while you have a QvaFans account, any tax non-compliance occurs in relation to you (including your failure to report your earnings or the imposition of any tax-related penalties or interest) or if any litigation occurs , An inquiry or investigation is initiated against you that is related to, or may lead to, any case of tax non-compliance, you agree that:
notify us by email at info@vipgalerias.com in writing within 7 days following the occurrence of the tax non-compliance or the initiation of litigation, investigation or investigation (as applicable); and
Please provide us as soon as possible by email to info@vipgalerias.com
: details of the measures you are taking to address the occurrence of the tax non-compliance and prevent its recurrence, together with any mitigating factors you consider relevant; and
any other information in relation to the occurrence of the tax breach that we may reasonably require.
For the avoidance of doubt, you are responsible for your own tax matters and QvaFans is not responsible for any non-payment of taxes by creators.
We reserve the right to close your QvaFans account if we are notified or become aware of any tax non-compliance on your part.

Last update: July 6, 2024

ACCEPTABLE USE POLICY

BY USING OUR WEBSITE, YOU AGREE TO THIS POLICY – PLEASE READ IT CAREFULLY

This Policy applies to your use of QvaFans and all QvaFans Content and forms part of your agreement with us. This Policy sets out what is and is not allowed on QvaFans.
In this Policy, defined terms have the same meaning as in our Terms of Use for all users.

Do not use QvaFans except for your personal use and do not sell, rent, transfer or share your account or any Content obtained from your use of QvaFans with any other person.
Use QvaFans only in a manner and for a purpose that is legal.
Do not upload, post, display or publish content on QvaFans that is unlawful, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, or that encourages or promotes violence or any illegal activity.
Do not use QvaFans 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.
Do not upload, post, display or publish content on QvaFans that:
shows, includes or refers to:
any person under 18 years of age (or referring to persons under 18 years of age generally); either
any other person, unless you have written documentation confirming that all persons displayed, included or mentioned in your Content are at least 18 years old, and you have the written consent of each person to use their name or likenesses (or both) in the Content;
displays, promotes, advertises or refers to:
firearms, weapons or any property the sale, possession or use of which is subject to prohibitions or restrictions;
drugs or drug paraphernalia;
self-harm or suicide;
incest;
bestiality;
violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or unconditional bondage, extreme fisting or genital mutilation;
necrofilia;
urine, scatological or excrement-related material;
"revenge pornography" (i.e., any sexually explicit material featuring any individual who has not given prior, express, and fully informed consent for that material to (a) be taken, captured, or otherwise commemorated, or (b ) be published and shared on QvaFans) ;
escort services, sex trafficking or prostitution;
contains unsolicited sexual content or unsolicited language that sexually objectifies another User or any other person in a non-consensual manner, or contains false or manipulated sexual content in relation to another User or any other person (including "deepfakes");
contains, promotes, advertises or makes reference to hate speech (being Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten or incite hatred, fear or violence against a group or individual based on race, ethnicity or national origin). , immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious illness, veteran status, or any other protected characteristic);
contains or refers to personal data or private or confidential information of another person (for example, telephone numbers, location information (including postal addresses and GPS coordinates), names, identification documents, email addresses, login credentials session for QvaFans, including passwords and security questions, financial information, including bank account and credit card details, biometric data and medical records) without the express written consent of that person;
any:
in the case of Content that features public nudity, was recorded or is being transmitted from a country, State or province where public nudity is illegal; either
In the case of Content that features sexual activities, it was recorded or is being transmitted 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). present, for example, private property such as a private backyard or secluded areas in nature where members of the public are not present).
gives the impression that it comes from or is approved, authorized or endorsed by us or any other person or company;
causes or is calculated to cause inconvenience or anxiety to any other person or is likely to disturb, embarrass or cause serious offense to any other person;
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
involves or promotes the commercial activities or sales of third parties, such as contests, sweepstakes and other sales promotions, product placements, advertising or job postings or employment advertisements without our express prior consent.
Do not use QvaFans to stalk, bully, abuse, harass, threaten or intimidate anyone else.
Do not use QvaFans to engage in deceptive or misleading conduct, or conduct that may mislead or deceive any other User.
Respect the intellectual property rights of the Creators, including not recording, reproducing, sharing, communicating to the public or otherwise distributing their Content without authorization.
Do not do anything that violates our or anyone else's rights, including intellectual property rights (examples of which are copyright, trademark, confidential information and goodwill), personality rights, unfair competition, privacy and proprietary rights. Data Protection.
Do not impersonate us, one of our employees, another User or any other person or company, or falsely state or imply any affiliation, endorsement or sponsorship between you and us or any other person or company.
Do not provide false account registration information or make unauthorized use of another person's information or Content.
Do not post or cause to be posted any Content that is spam, has the intent or effect of artificially increasing the views or interactions of any Creator, or is otherwise inauthentic, repetitive, misleading, or of low quality.
Do not transmit, broadcast or otherwise send any pre-recorded audio or video material during a live broadcast or in any way attempt to pass off recorded material as a live broadcast.
Do not use other means or methods (for example, the use of keywords or signals) to communicate anything that violates this Policy.
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.
Do not intentionally introduce any virus, trojan horse, worm, logic bomb or other material into the Content that is or may be malicious or technologically harmful.
Do not decompile, disassemble, reverse engineer, or attempt to discover or derive the source code of QvaFans.
Do not use QvaFans in a manner that could adversely affect our systems or security or interfere with any other User's use of QvaFans, including their ability to engage in real-time activities through QvaFans.
Do not use any automated programs, tools or processes (such as web crawlers, robots, spider bots and automated scripts) to access QvaFans or any server, network or system associated with QvaFans, or to extract, scrape, collect, harvest or gather Content or QvaFans information.
Do not use the QvaFans name, logo, or any related or similar name, logo, product and service name, design or slogan, except in the limited ways 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.

Last update: July 6, 2024

REFERRAL PROGRAM TERMS

WARNING!

In accordance with Rule 3 of the Trading System Regulations 1997 (as amended) and Section 120(1) of the Fair Trading Act 1973, please read the following warning regarding the QvaFans referral program:

It is illegal for us or a participant in the QvaFans Referral Program (including Referred Users and Referred Creators) to persuade anyone to make a payment by promising benefits by getting others to join the QvaFans Referral Program.
Don't be fooled by claims that it is easy to earn high income by participating in the QvaFans Referral Program.
While we do not require any payment from Referred Users for participating in the QvaFans Referral Program, we are legally required to inform you that if you sign this contract, you have 14 days to cancel and get your money back.
Introduction: These Referral Program Terms are additional terms that apply if you use the Referral Program v. These Referral Program Terms are part of your agreement with us.
Interpretation: In these Referral Program Terms, defined terms have the same meaning given to them in the Terms of Use for all Users. Besides:
In these Referral Program Terms, “you” or “your” are also referred to as the “Referring User”;
"Referring Creator" means the person who joins QvaFans as a Creator through the unique referral link of the Referring User.
? What is the QvaFans referral program? QvaFans offers a referral program through which existing users can introduce individuals interested in becoming creators to QvaFans and receive referral payments from QvaFans that are calculated and limited as described in these Referral Program Terms.

The QvaFans referral program is operated by Galerias Vip LLC/ . We are a limited company registered in the United States of America, with company registration number L22000447340 and we have our registered office at 5843 SW 17 st Miami, FL, USA, 33155

The rules of the QvaFans Referral Program:
Only QvaFans users with a current user account can participate in the QvaFans Referral Program. If a user's account has been suspended or terminated by us for any reason or has been deleted by the user, such user will not be eligible to participate in the QvaFans Referral Program.
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 QvaFans Referral Program.
Each User has a unique referral link (accessible through the User's User account) that the User can share with others. When sharing your unique referral link, you must not impersonate QvaFans or give the impression that we share or promote 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. If requested, you must disclose the methods by which you share your unique referral link in the Bio/Website field of your QvaFans account.
The referred creator must click on your unique referral link and then register on QvaFans using the same browser they used to click on your unique referral link. If someone signs up for QvaFans other than through your unique referral link, we will not link that account to your referral and we will not make any referral payments to you.
The Referred Creator must not have opened a User account with QvaFans (whether under the same name or another name) prior to clicking on their unique referral link. If the Referred Creator is currently or has previously been a QvaFans User, we will not make any payment for the referral.
If the Referred Creator sets up more than one User account, we will make referral payments on the earnings earned by the Referred Creator from their first User account only. We will not make any referral payments to you on any additional user accounts set up by the Referred Creator.
We will not pay you any referral fees from any Referral Creator that we determine is owned or operated by you, or has a business relationship with you. You will provide any information we request to allow us to determine whether the Referred Creator is owned or operated by you or whether a business relationship exists between you and the Referred Creator.
You agree that by promoting QvaFans in any way as a Referring User:
will not give a false impression of QvaFans, the services, programs and content (including the Content) available through QvaFans, its Users or the Terms of Service; and
You will not make any representation that suggests to a potential Creator that he or she will earn any sum of money (or any money) from the use of QvaFans, or any representation regarding the likely number of Subscribers.
? Payments for referrals:

How are referral payments calculated? Once a Referring Creator has become a registered QvaFans User in accordance with the QvaFans Referral Program rules described above, we will pay the Referring User a referral payment equal to five percent (5%) of the Payments of Subscriber generated by the Referring Creator in the twelve months following the date on which the Referring Creator becomes a registered User of QvaFans, up to a maximum referral payment by QvaFans to the Referring User of US$50,000 per Referred Creator .
This means that if a Referred Creator generates Subscriber Payments with a total value of US$1 million or more in the twelve months following the date that Referred Creator becomes a Registered User of QvaFans, then the referral payments of the Referred User in relation to that Referred Creator The creator will be limited to US$50,000 in total. However, if the Referred Creator generates Subscriber Payments with a total value of less than US$1 million in the twelve months following the date that Referred Creator becomes a registered QvaFans User, then the Referred User will be paid five percent. (5%) of the Subscriber Payments generated by that Referred Creator in the twelve months following the date the Referred Creator becomes a registered User of QvaFans, after which no further referral payments will be made to the Referred User with regarding that recommended Creator. Creator.

For all referrals made before July 6, 2024, we will make referral payments to the applicable Referring Users until July 6, 2024 or until we have paid $50,000 to the Referring User for the referral, whichever occurs first.

Warning: In accordance with section 3 of the Trading System Regulations 1997 (as amended) and section 120(1) of the Fair Trading Act 1973, please read the following warning regarding the QvaFans referral programme:
It is illegal for us or a participant in the QvaFans Referral Program (including Referred Users and Referred Creators) to persuade anyone to make a payment by promising benefits by getting others to join the QvaFans Referral Program.
Don't be fooled by claims that it is easy to earn high income by participating in the QvaFans Referral Program.
? Choosing a payment method to receive referral payments: In order to receive referral payments, you must first choose one of the payment methods offered by QvaFans in your country of residence. These methods are called "Payment Options".

? How often are referral payments made? We will transfer to your QvaFans account the referral payment due to you on Subscriber Payments made to the Referred Creator in a calendar month on or about the first day of the following calendar month (meaning, for example, that referral payments you are due to you in respect of Subscriber Payments made to the Referred Creator in February will be paid to you on or about September 1).

? Who bears the cost of the reference payment? The cost of payment for the referral is borne by us, not the recommended Creator.

Our rights related to the referral program.
If referral payments have been made incorrectly, we shall be entitled to recover the incorrectly paid sums from the User to whom the incorrectly paid sums have been paid.
We may ask you or the Referred Creators (or both) to provide us with identification and other information we reasonably need to verify any referral payment to be made and the person to whom such payment should be made. If you do not provide the information we request, you may lose your right to receive referral payments with respect to the referred creator in question.
We may change any aspect of the QvaFans Referral Program (including how referral payments are calculated) or discontinue the QvaFans Referral Program at any time, but no change will deprive any Referred User of referral payments already earned. based on Subscriber Payments made to Creators recommended above. the changes came into effect.
Circumstances in which we may withhold referral payments:
We may withhold all or part of the reference payments due to you but not yet paid:
if we believe that you have materially or repeatedly breached or may have breached any part of the Terms of Service;
if you attempt or threaten to breach any part of the Terms of Service in a way that has or may have serious consequences for us or another User (including actual or possible loss caused to us or another User); either
if we suspect that all or part of the referral payments owed to you result from illegal activity, either by you, by the Subscriber who made the Subscriber Payment to the referred Creator that resulted in the referral payment, or by the Creator recommended to whom the Subscriber Payment was made that resulted in the referral payment,
for as long as necessary to investigate actual, threatened or suspected non-compliance by you 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 breach 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 potential 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.

We will have no liability to you if we withhold or cancel any payment due to you under the QvaFans Referral Program where we are entitled to do so under these Referral Program Terms.
If we withhold all or part of the referral payments due to you and we determine that part of the referral payments we withhold are not related to your violation of the Terms of Service or suspected illegal activity, then we may pay you the portion of the referral payments due to you. referral payments that 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 of the Terms of Service has caused or may cause us losses, we may withhold any referral payments due to you but not yet paid and we may offset such amounts against any losses we have incurred. suffered.
Last update: July 6, 2024

COMPLAINTS POLICY

Introduction: This document sets out our complaints policy. If you are a QvaFans user, this Complaints Policy is part of your agreement with us.
Who we are and how to contact us: QvaFans is operated by Galerias Vip LLC. We are a public limited company registered in the United States of America, with company registration number L22000447340 and have our registered office address at 5843 Sw 17 St Miami, FL, USA, 33155
Interpretation: In this Complaints Policy, the defined terms have the same meanings given to them in the Terms of Use for all Users:
Who can use this Complaints Policy? Whether you are a QvaFans user or not, you can use this Complaints Policy to inform us of any complaints you have related to QvaFans.
How to file a complaint: If you have a complaint about QvaFans (including any complaint about Content appearing on QvaFans or the conduct of a User), send your complaint to info@vipgalerias.com including your name, address, contact details, a description of your complaint and, if your complaint relates to Content, the URL of the Content to which your complaint relates.
How we will deal with your complaint: Upon receipt of your complaint in accordance with section 5 above:
We will take such steps as we consider appropriate to investigate your complaint within a timeframe that is appropriate to the nature of your complaint;
If we require further information or documents from you, we will contact you to let you know;
We will take in good faith any action we deem appropriate to address the issue that has raised your complaint. If you have complained about Content appearing on QvaFans 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.

Unjustified or Abusive Claims: If you are a QvaFans User, you warrant (meaning you make a legally enforceable promise) that you will not make any claim under this Claims Policy that is wholly unjustified, abusive or made in bad faith. If we determine that you have breached this warranty, we may suspend or terminate your User account.
*Recognize that all complaints submitted will be reviewed and resolved within seven business days.

Last update: July 6, 2024

PLATFORM IN TERMS OF BUSINESS REGULATION

Introduction: These Platform to Business Regulation Terms are part of the Terms of Service.
Interpretation: In these Platform to Business Regulation Terms, unless otherwise indicated, defined terms have the same meanings given to them in the Terms of Use for all Users.
What do these Business Platform Regulation Terms include? These Platform to Business Regulation Terms provide information about our practices to comply with the fairness and transparency requirements set forth in the US Regulation.
Promoting creators through other distribution channels: We can choose to promote it through our Instagram (instagram.com/QvaFans).
Complaints: If you have a complaint about:
any alleged breach by us of any obligation established in the Business Platform Regulations that affects you; either
technological issues directly related to and affecting QvaFans; either
measures taken by us or our conduct that directly relate to and affect QvaFans,
then send your complaint to info@vipgalerias.com.

Complaint Handling Process: Upon receipt of your complaint under section 7 above, we will:
consider your complaint and any follow-up we may need to give you (including asking you for further information or documents) to adequately address the issue raised;
process your complaints within a reasonable time, taking into account the importance and complexity of the matter raised; and
communicate to you in simple and intelligible language by email or by message to your QvaFans account the result of the internal complaint handling process.
Last update: July 6, 2024

STANDARD CONTRACT BETWEEN USER AND CREATOR

BY USING OUR WEBSITE, YOU ACCEPT THIS AGREEMENT. READ IT CAREFULLY.

Introduction: This Standard Agreement between User and Creator ("this agreement") sets forth the terms that govern each transaction between a User and a Creator on qvafans.com.
When does this agreement apply? Each time a Transaction between User and Creator is initiated on QvaFans.com, this Standard User and Creator Agreement will apply to the exclusion of any other terms that the User or Creator may propose, and this Standard User and Creator Agreement will legally bind the User and the Creator who participate in the Transaction between User and Creator.
Parties: The only parties to this agreement are the User and the Creator participating in the Transaction between User and Creator. Galerias Vip LLC, is not a party to this agreement and does not grant any rights with respect to or participate in any Transaction between User and Creator, except to act as a payment intermediary in accordance with the instructions of the Creator and the User set forth in the section 5 of this agreement.
Interpretation: In this agreement, the defined terms have the following meanings:
"QvaFans" means the website accessed through the URL www.qvafans.com or through any web browser;
"Content" means any material uploaded to qvafans.com by any User (whether a Creator or a User), including photos, videos, audio (e.g. 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;
“Creator” means a User who has set up their qvafans.com account as a Creator account to post Content on QvaFans for viewing by other Users;
"User" means a User who follows a Creator and can view the Creator's Content;
“Referred User” means a User who participates in the QvaFans.com Referral Program;
"User/Creator Transaction" means any transaction between a User and a Creator on qvafans.com through which access to the Creator Content is granted in any of the following ways: (i) a Subscription, (ii) payments made by a User to view a Creator's pay-per-view Content (pay-per-view media and pay-per-view live streaming), and (iii) payments made by a User to use the user interaction feature in a Creator's account. Creator;
“User Payment” means (i) any and all payments made by a User with respect to any User/Creator Transaction, and (ii) any and all tips;
"FIL Rate" means the rate that Galerias Vip LLC. Charge creators in accordance with section 5 of the QvaFans Terms of Use for Creators.
"Subscription" means a User's monthly subscription to a Creator's account;
Pricing and Payment: By completing a User/Creator Transaction, the User agrees to pay the User Payment applicable to the applicable User/Creator Transaction in accordance with the price posted in the Creator's account plus any applicable VAT. The User and Creator who participates in the User/Creator Transaction authorizes Galerias Vip LLC. or any of its subsidiaries to act as a payment intermediary and to collect, hold and process the User Payment and any applicable VAT, to deduct the FIL Fee. and to pay any sums owed to Creators and (if applicable) Referred Users, as described in the qvafans.com Terms of Service.
Content License: Once the User has made the User Payment for a User/Creator Transaction, the Creator grants the User a limited license to access the corresponding Content of that Creator to which the User/Creator Transaction relates. (the "Relevant Content"). This license is non-transferable, non-sublicensable and non-exclusive, and permits the User to access and view the Relevant Content on their personal device and through a normal web browser (and to make a temporary copy of such Content only to the extent that it is an incidental and technical process that is part of the User's access to the Content (i.e. caching)), in accordance with the qvafans.com Acceptable Use Policy.
Last update: July 6, 2024

QVAFANS.COM Appeal Procedure for Content Removal

1. Introduction

This procedure provides guidance for persons ("Requesters") who wish to appeal the removal of content hosted on QVAFANS.COM in which they are represented. This procedure guarantees compliance with applicable laws and respect for personal rights.

2. Grounds for appeal

An applicant may file an appeal if:

The content was published without your explicit consent.
The previously given consent has been legally revoked or is considered void under applicable law.

3. How to file an appeal

To initiate an appeal, the Applicant must:

Contact Customer Service: Applicants should contact our customer service team directly via email at info@vipgalerias.com or through our customer service chat available on the QVAFANS.COM website.
Provide the required information: In the communication, applicants must include their identification data, a detailed description of the content in question and a statement explaining the lack or revocation of consent. Supporting evidence such as screenshots, links to the content, or legal documents demonstrating revocation of consent should also be included.
Case ID Assignment: Upon receipt of the appeal, a unique case ID will be assigned. This case ID will be used to track the status of the appeal throughout the process.
Follow-up Communications: Applicants can use their assigned Case ID to follow up on their case via email or chatting with our support team. This allows for continuous updates and direct communication on the status of the appeal.

4. Appeal Processing

Upon receiving an appeal, QVAFANS:

Acknowledge receipt of the resource within 48 hours.
Review the appeal, including any evidence presented, to determine the validity of the claim within 10 business days.
Inform the Applicant of the decision. If the appeal is approved, the content will be immediately removed from the platform.

5. Disagreements and resolution

In case of disagreement about the outcome of the appeal:

The Applicant may request a review by a neutral body within 7 days of receiving the decision.
QVAFANS.COM will facilitate the review process by the neutral body, which will re-evaluate the appeal and make a final decision.

6. Neutral body details

The neutral body will be made up of a panel selected in accordance with industry standards and applicable laws, ensuring fairness and impartiality.
The decision of the neutral body will be considered final and binding on all parties involved.

7. Additional information

For more information or assistance with the appeal process, applicants can contact the QVAFANS.COM support team via [contact information].

8. Modifications to the procedure

QVAFANS.COM reserves the right to modify this procedure as required by changes in law or operational needs, provided that all changes comply with applicable legal standards.

*Recognize that all complaints submitted will be reviewed and resolved within seven business days.

Content preselection

All content uploaded by users to QVAFANS.COM undergoes an exhaustive pre-selection process before publication. This is to ensure that no illegal content is available on our platform and that all submissions strictly comply with our Content Standards. During the pre-selection process, each content is carefully reviewed to verify its compliance with current regulations and our platform policies. This proactive approach helps maintain the integrity of our site and ensures a safe and respectful environment for all users. Any content that violates the rules during the pre-selection phase will not be published.