LAST UPDATED: December 20, 2020
Terms of Service
This terms of service agreement (“Terms”) sets forth the terms under which cliqfans.com, Inc. (“we,” “our,” or “us”) provides our messaging services, including our apps, features, software, and website (“CLIQ”).
IF YOU ARE LOCATED IN THE UNITED STATES OR CANADA, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS BELOW. PLEASE REVIEW SECTION 13.
By registering for or using CLIQ, you agree to these Terms.
1. Our Services
We issue unique phone numbers (“CLIQ Numbers”) to individuals and entities or their designees (collectively, “CLIQ Creators”).
CLIQ Creators can use CLIQ to message with the individuals who have signed up to receive messages from their CLIQ Number (“CLIQ Followers”), and also charge these individuals for paid interactions (text, call, videochat, unlockable content, etc.). CLIQ Creators can also sell free or paid content to their fans.
2. Eligibility to Use CLIQ
If you are under the age of 18, you are not permitted to use CLIQ. You will be prompted to acknowledge your age upon entering the site.
If you are registering for CLIQ on behalf of an organization, then you are entering into these Terms on behalf of the organization, and you represent that you have the authority to bind the organization to these Terms.
3. Our Messaging Policies
You must not use CLIQ to transmit any content or data that is unlawful, that infringes any intellectual property rights, or that otherwise violates local regulations.
Though we have no obligation to do so, we may access, review, block, or delete your messages at any time and for any reason, including (i) to provide and develop CLIQ, (ii) if we think your messages violate these Terms, and (iii) to comply with applicable law or any request or requirement of a court, law enforcement or other administrative agency or governmental body.
4. Terms for CLIQ followers
To become a CLIQ follower, you must: (i) start a conversation with a CLIQ Creator (for example, by sending a text message to their CLIQ Number); (ii) provide certain information, such as your name, date of birth, gender identity, city, and phone number; and (iii) give prior express signed written consent to receive recurring messages (which may be marketing, transactional, and/or automated) from or on behalf of the applicable CLIQ Creator via CLIQ. Your consent to receive such messages is not a condition of any purchase. You must also be at least 18 years of age.
You agree that:
we may send you account-related messages at the phone number you have provided to us;
you understand and will pay Creators at the rates that they set for their different interactions, which can change whenever the Creator wants;
each CLIQ Creator alone (and not cliqfans.com, Inc.) is responsible for determining whether and what messages are sent to you via their CLIQ Number and when those messages are sent (which may be at any time of day, including on weekends or holidays);
you are responsible for any messaging and data charges that you may incur when messaging with CLIQ Creators or with us;
CLIQ Creators may block you from messaging with them via CLIQ at any time, for any reason, without advance notice;
messages sent via CLIQ may contain links to third-party websites or apps, which may be subject to different terms and conditions and privacy practices, and we are not responsible or liable for their content, products, or services (“Third Party Materials”);
you will use only your own phone number when messaging a CLIQ Creator (and if we discover that you did not use your own phone number, we may suspend or terminate your account access at any time); and if you change or deactivate the phone number that you used when signing up to receive messages from a CLIQ Creator, you will email us at email@example.com within 72 hours.
We have no control over and do not guarantee: (a) the suitability or legality of messages sent by CLIQ Creators; (b) the truth or accuracy of messages sent by CLIQ Creators; (c) the performance or conduct of CLIQ Creators; or (d) who a CLIQ Creator permits to access and use CLIQ on their behalf. If you think a CLIQ Creator is sending messages in violation of local laws, please email us at firstname.lastname@example.org.
By sending messages to a CLIQ Creator, you grant that CLIQ Creator (including individuals and entities working or affiliated with such CLIQ Creator) a worldwide, royalty-free, sublicensable, transferable, and perpetual license to reproduce, distribute, display, publish, and otherwise use your messages in any way and for any purpose, and you grant us all of the same rights to use your messages for the purpose of operating, providing and improving CLIQ (such as to allow us to deliver your messages to the CLIQ Creator, and to store your messages on our servers).
You acknowledge and agree that (i) a CLIQ Creator may share your messages publicly (including for marketing purposes); (ii) you have no expectation of privacy with respect to messages you send to a CLIQ Creator; and (iii) we may collect, analyze and use your messages together with your information, including demographic and location information, on an aggregated, de-identified or anonymized basis together with the messages and information of others, for any purpose, including to improve, enhance, further develop and test CLIQ and any of our technology, to create and refine algorithms and other machine learning methods and processes, to identify and predict patterns and trends, and to train and refine machine learning or analytical models or engines.
5. Terms for CLIQ Creators
If you are signing up as a CLIQ Creator, you must register and create a User Account on CLIQ. You must provide a valid email address and phone number. It is a condition of your use of our services that all the information you provide on is correct, current, and complete. You agree to our marketplace terms as currently defined as 20% of all transactions, including a small $0.30 for micropayments to cover our messaging costs at low volumes.
If you wish to interact with followers you will need to provide details of a payment card to a Payment Provider. Your payment card information is stored by the Payment Provider.
If you elect to input two or more payment card details onto your User Account if payment of the Revenue from the first card is rejected because the payment card is no longer valid then the other payment card(s) will be used to collect full payment of the Revenue.
As a content provider, you will need to 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 upon request by CLIQ. You will also need to obtain and keep on record written consent from all persons depicted in the content.
If you are a Creator and wish to receive payments, you will need to sign up via our payment processor bank account flow and agree to their terms. You may also need to submit additional legal information, such as a W-9 if you are resident in the United States of America. The exact information required will depend on your country of residence. Amounts due to you as a Creator from followers will be paid to you by one of our Payment Providers in accordance with your Payout Options.
By registering on CLIQ, you confirm that:
- all User Account registration and profile information is truthful and accurate and that any User Content you provide is your own and does not infringe the intellectual property rights or any other proprietorial rights of a third party;
-if you are sending Adult content of any sort, you are at least 18 years old and understand the regulations surrounding this type of interaction and exempt CLIQ from any liability;
-if you previously had a User Account with CLIQ, your old User Account was not terminated or suspended by CLIQ for violation of the Terms of Service;
-you register on CLIQ for your own personal use and you will not sell, rent or transfer your User Account to any third party; and
CLIQ reserve the right, at any time, to verify the information which you provide to CLIQ as well as your compliance with the Terms. If CLIQ is unable to verify this then CLIQ reserve the right to suspend your account.
-you will not use any third party payment processors to accept payments for subscriptions, or any other service, via CLIQ.
-You are fully responsible for any and all activities that occur on your account and you are responsible for keeping your login details confidential and secure. You agree not to disclose these details to any other person or entity and immediately notify CLIQ at email@example.com if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure not to share your phone number with anyone.
-CLIQ reserves the right to take down your account or content if we find out through our reporting and complaint process from a user or fellow creator or other means that the content is illegal or otherwise violates the Standards. Our process is thorough and will take into account all the involved parties, Passbase identity verification data, consent forms, and other materials necessary in order to make the right decision.
-CLIQ reserves the right to disable any user name, password, or other identifier, whether chosen by you or provided by CLIQ, at any time and at CLIQ's sole discretion for any or no reason, including if, in CLIQ opinion, you have violated any provision of the Terms.
If you are signing up to use CLIQ on a CLIQ Creator's behalf, you acknowledge that you may only use CLIQ with their permission and in ways that would be permitted by that CLIQ Creator (for example, messages you send on their behalf must not violate local laws).
We and our licensors retain all right, title and interest, including all intellectual property rights, in and to CLIQ and all CLIQ Numbers. Any and all use of our trademarks by you will insure to our benefit and you will not obtain or retain any rights in our trademarks.
You must not (and must not assist or allow others to): (i) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our apps or websites; (ii) send, store, or transmit viruses or other harmful computer code through or onto our servers or systems; (iii) gain or attempt to gain unauthorized access to our servers or systems; (iv) interfere with or disrupt the integrity or performance of our servers or systems; (v) create accounts or send messages through unauthorized or automated means; or (vi) collect the information of or about our users in any impermissible or unauthorized manner.
We welcome and encourage you to provide us with feedback, comments, and suggestions for improvements to CLIQ (“Feedback“). Any Feedback you submit to us will be owned by us and we may use and exploit that Feedback without restriction for any purpose, without compensation to you.
7. Term & Termination
You may terminate these Terms at any time and for any reason by emailing us at us at firstname.lastname@example.org and asking us to delete your CLIQ account, and we may suspend or disable your CLIQ account and/or terminate these Terms at any time, for any reason, without advance notice. If we suspend or disable your CLIQ account for a violation of these Terms, you must not create another CLIQ account without our permission.
Regardless of who terminates these Terms, both you and we continue to be bound by sections 3, 4, 6, and 9-16 of these Terms and, if you are a CLIQ Creator, by sections 6, 7, and 8 of our Additional Terms for CLIQ Creators.
8. Copyright Infringement
If you believe that anything on CLIQ infringes a copyright that you own or control, please send us a written notice to the address or email below that meets the requirements set forth in the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”).
1360 Alabama Drive,
Winter Park FL 32789
Please note that if you knowingly give false, misleading, or inaccurate information regarding the existence of infringing content, we may suspend your account, and you may face other legal consequences.
If we have taken down any material or content that you believe should not have been removed, you can send us a written counter-notice by email to email@example.com. Please be sure your counter-notice meets the DMCA requirements.
We may promptly terminate without notice the accounts of users who have been notified of infringing activity, including those who have had messages removed from CLIQ at least three times (“Repeat Infringers”). Repeat Infringers will not be tolerated.
To the maximum extent permitted by law:
CLIQ is provided “as is” and “as available” and without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
we do not represent or warrant that (i) CLIQ will always be secure, error-free, or timely; (ii) CLIQ will always function without delays, disruptions, or imperfections; or (iii) any messages you send or receive via CLIQ will be timely or accurate; and
we take no responsibility and assume no liability for any messages that you, another user, or a third party send or receive via CLIQ. You agree that you may be exposed to messages that might be offensive, illegal, misleading, or otherwise inappropriate, none of which we will be responsible for.
10. LIMITATION OF LIABILITY
To the maximum extent permitted by law, we and our shareholders, employees, affiliates, licensors, agents, and suppliers (collectively, the “Affiliated Entities”) will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use CLIQ; (ii) the conduct or content of other users or third parties via CLIQ; or (iii) unauthorized access, use, or alteration of your messages, even if we have been advised of the possibility of such damages.
Your sole and exclusive remedy for dissatisfaction with CLIQ or any Third Party Materials is to stop using CLIQ. In no event will the liability of us and our Affiliated Entities, in the aggregate, for all claims relating to these Terms or CLIQ, exceed the greater of $100 USD or the amount you paid us, if any, to use CLIQ in the last 12 months.
To the maximum extent permitted by law, you agree to indemnify and hold us and our Affiliated Entities harmless from any losses, including legal fees and expenses, that directly or indirectly result from (i) your messages; (ii) your use of CLIQ; (iii) your violation of any laws or regulations; (iv) third-party claims that you or someone using your password did something that, if true, would violate these Terms; (v) any misrepresentations made by you; or (vi) a breach of any representations or warranties you've made to us. We reserve the right to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such an event, you shall provide us with such cooperation as we reasonably request.
12. Dispute Resolution
If you are a CLIQ user located in the United States or Canada, then section 13 below applies to you. Please also read that section carefully and completely. If you are not subject to section 13 below, then all disputes arising out of or related to these Terms or any aspect of the relationship between us (including any communications between us), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Disputes”), will be resolved exclusively in the United States District Court for the Southern District of California or a state court located in Los Angeles County in California, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes. Without prejudice to the foregoing, you agree that, in our sole discretion, we may elect to resolve any Dispute we have with you in any competent court in the country in which you reside that has jurisdiction over the Dispute.
The laws of the United States (including federal arbitration law) and the State of California govern these Terms, as well as any Disputes, whether in court or arbitration, which might arise between us, without regard to conflict of law provisions, and regardless of your location.
If you are a CLIQ user located in the United States or Canada, then this section 13 applies to you.
Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms or any aspect of the relationship between us (including any communications between us), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. You agree that we are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. All such matters will be decided by an arbitrator and not by a court or judge.
You agree that any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by these Terms. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other relevant circumstances. If the parties are unable to agree on a location, the AAA or the arbitrator will determine the location.
The arbitrator's decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
You may opt out of this agreement to arbitrate by emailing us at firstname.lastname@example.org with your first name, last name, phone number, and address within 30 days of accepting this agreement to arbitrate, with a statement that you decline this arbitration agreement.
Notwithstanding any of the foregoing, nothing in these Terms will prevent you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
14. Export Controls
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant, and covenant that you are not: (i) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (ii) on any of the U.S. government lists of restricted end users.
15. Changes to these Terms
We may modify these Terms from time to time. When we update these Terms, we will revise the “Last updated” date above and post the new Terms on cliqfans.com. Your continued use of CLIQ (including, without limitation, signing up to receive messages from an additional CLIQ Creator after an update) confirms your acceptance of the updates. If you do not agree to any update, you must stop using CLIQ. We may also modify or discontinue all or part of CLIQ at any time; or charge, modify, or waive any fees required to use CLIQ.
16. Acceptable Use
CLIQ requires that all Users respect and comply with these Terms below, at all times, when using CLIQ.
You may not:
use CLIQ other than for your own lawful and personal use in accordance with these Terms;
impersonate CLIQ, one of CLIQ employees, another User, or any other person or entity or falsely state, suggest or otherwise misrepresent any affiliation, endorsement, sponsorship between you and CLIQ and/or any other person or entity;
falsify account registration information, or make unauthorized use of another's information or content;
use CLIQ in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
copy, reproduce, distribute, modify, or create derivative works from, any portion of CLIQ without FIL express written permission;
use CLIQ for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by CLIQ, may harm CLIQ or Users of the service or expose them to liability;
You shall not create, upload, post, display, publish or distribute User Content that:
is obscene, illegal, fraudulent, defamatory, libelous, hateful, discriminatory, threatening or harassing, or in any way which incites violence or violates any of the aforementioned prohibitions;
violates another's copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image or other identity of another without proper consent);
promotes or advertises escort services;
promotes or advertises firearms or other weapons, drugs, or drug paraphernalia;
promotes any illegal activity, or advocates, promotes, or assists any unlawful act;
causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person;
involves 3rd party commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising;
gives the impression that it emanates from or is endorsed by CLIQ or any other person or entity, if this is not the case.
You shall not remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained in any User Content that you do not own.
You shall not use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
You shall not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of CLIQ.
You shall not interfere in any way with the operation of OnlyFans or any server, network or system associated with CLIQ, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the site or any server, network or system associated with the site; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another user's account that you are not expressly authorized to access.
You shall not use CLIQ for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, performance or functionality, or for any other competitive purposes;
You shall not use any automated program, tool or process (including without limitation, web crawlers, robots, bots spiders, and automated scripts) to access CLIQ or any server, network or system associated with CLIQ, or to extract, collect, harvest or gather content or information from CLIQ.
You shall not make any other use of CLIQ that violates these Terms or any applicable law.
Any content posted that is reported by another User or CLIQ, and that is deemed unacceptable by CLIQ, will be deleted and the User notified via email. Users who repeatedly violate CLIQ Acceptable Use policy may be deactivated. If CLIQ becomes aware that a User is underage, CLIQ will promptly deactivate that User's account and delete all information and content of that User from CLIQ. If you are a parent or legal guardian and become aware that your minor-child has registered on CLIQ, please immediately notify CLIQ at email@example.com.
By registering an account with CLIQ, you represent and warrant that:
you are at least 18 years of age;
you will fully comply with these Terms;
you accept full responsibility for the use of CLIQ on any device, whether or not it is owned by you;
you accept full responsibility for any User Content created or provided by you; and
your use of CLIQ will not violate these Terms or any applicable law.
If you are using CLIQ on behalf of a business or other entity, you warrant that you are authorized to grant all the licenses stipulated in or entailed by these Terms and that you are authorized to bind the business or other entity to these Terms.
By creating and publishing User Content on CLIQ, you authorize your Fans to access and view (without downloading or copying) your User Content on CLIQ for their own lawful and personal use. You also represent, warrant and undertake that for each submission:
you own, have a valid license to, or otherwise control all rights in and to your User Content;
to the extent your User Content includes or utilizes any third-party property, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your User Content;
you will not post any content depicting any person under 18-years old,
you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submission are in fact 18-years old or older; and
your User Content is non-confidential and will be made available to your Fans on cliqfans.com.
You grant CLIQ and Our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
For clarification: The clause exists so that we may use your content by adding stickers, text, and watermarks, and to make your content available to Users, as well as for other normal operations of our website. We will never sell your content to other platforms.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
You shall indemnify CLIQ, CLIQ's licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your User Content.
CLIQ is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.
Upon signing up to cliqfans.com, you also agree to act as custodian of records for the content that you upload to cliqfans.com.
Any questions regarding User Content can be addressed by emailing firstname.lastname@example.org.
CLIQ respects the intellectual property rights of third parties and voluntarily complies with the Digital Millennium Copyright Act (DMCA). CLIQ has implemented a policy to terminate repeat copyright infringers. A copy of our repeat infringer policy (RIP) is available upon request to our users.
Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.
18. Linking to the Website and Social Media Features
You may link to CLIQ homepage, provided you do so in a way that is fair and legal and does not damage CLIQ's 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 CLIQ's part.
The service may provide certain social media features that enable you to:
link from your own or certain third-party websites to certain content through your number;
send emails or other communications with certain content, or links to certain content, on the services;
cause limited portions of content on this service to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by FIL, solely with respect to the content they are displayed with. However, you must not:
establish a link from any website that is not owned by you;
12.3.2 cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
link to any part of the Website other than the homepage; or
otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.
You agree to cooperate with CLIQ in causing any unauthorized framing or linking immediately to stop. CLIQ reserves the right to withdraw linking permission without notice.
CLIQ may disable all or any social media features and any links at any time without notice in CLIQ discretion.
19. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, without limitation, banner advertisements and sponsored links. CLIQ has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
20. Extended disclaimer of Warranties; Limitations of Liability
By using CLIQ, you acknowledge and agree as follows:
CLIQ and all of its services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, CLIQ disclaim any and all warranties, express or implied, with respect to CLIQ and all of its services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose. CLIQ does not warrant or guarantee the accuracy, usefulness, completeness or reliability of CLIQ, or the results of your use of CLIQ. CLIQ disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. CLIQ also do not warrant or guarantee that CLIQ and all of its services and features will be available at any particular time or location; that OnlyFans and all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that CLIQ and all of its services and features will be free of viruses and other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. To the fullest extent provided by law, CLIQ will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it. Your use of CLIQ and its services and features will be solely and entirely at your own risk. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law;
CLIQ does not warrant or guarantee that use of the services will be uninterrupted or error free twenty-four hours a day, seven days a week, since CLIQ may need to carry out maintenance of the Website from time to time. However, CLIQ will use its reasonable endeavors to carry out any such maintenance of the Website outside of business hours (between 09:00 and 5:00 PST time) and CLIQ will endeavor to give reasonable notice, however this may not always be possible;
in no event shall CLIQ be liable (strictly or otherwise) in contract, tort, negligence, strict liability or under any other legal or equitable principle, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, and without limitation, loss of use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to your use of (or your inability to use) OnlyFans or any of its services or features, nor shall CLIQ be held liable in the event your User Content is illegally distributed by another User, however where such distribution does occur please contact FIL at email@example.com and CLIQ will seek to prevent continuance of such distribution where CLIQ is reasonably able to do so; and
in no event shall CLIQ total and aggregate liability to you and/or others for any and all claims arising out of or related to your use of (or your inability to use) CLIQ or any of its services or features, exceed one hundred dollars ($100.00). This does not affect any liability that cannot be excluded or limited under applicable law.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitation may not apply to you. In such case, our total and aggregate liability to you arising out of or related to your use of (or your inability to use) CLIQ or any of its services or features shall be limited to the maximum extent permitted by law or, if no amount is specified, one hundred dollars ($100.00).
21. User indemnification
By using CLIQ, you agree to indemnify and hold harmless CLIQ and our employees, agents, representatives, successors and assigns from and against any and all claims, demands, causes of action, actions, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising out of or related to any of the following:
your use of CLIQ or any of its services or features;
any User Content created, published, or otherwise made available on CLIQ by you;
any transaction or interaction between you and any other User of CLIQ; and/or
your violation of the Terms or any applicable law.
Notwithstanding CLIQ's appointment as the Creator's agent to pay the Creator Commission, CLIQ, the follower and Creator are independent contractors and are responsible for meeting all of their respective legal or statutory obligations. This extends to the payment of any taxes or other payments properly demanded by a regulatory authority. Should a User fail to meet those obligations then the User shall indemnify CLIQ for any loss or expense, including management time that is as a consequence incurred by CLIQ.
22. Extended Governing Law and Dispute Resolution
You and CLIQ agree that these Terms shall be governed by and construed in accordance with the laws of the United States (without regard to the conflict of laws provisions thereof) and that any dispute between you and CLIQ concerning CLIQ or arising out of or related to these Terms shall be resolved exclusively in the courts of the United States.
Except where prohibited by applicable law, any claim or cause of action by you concerning CLIQ or arising out of or related to these Terms must be filed within one year after such claim or cause of action arose, or be forever barred.
23. Extended Waiver and Severability
No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
The Terms constitute the sole and entire agreement between you and CLIQ regarding the service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the service.
The Contracts (Rights of Third Parties) Act 1999 is excluded.
Adult Activity. A portion of the content of the Site, including all Services, are designed and intended solely for consenting adults who have attained the Age of Majority and who are interested in and wish to have access to visual images, textual descriptions and other features and products of a sexually oriented, erotic nature. The content of the Site, including all Services, may include graphic visual or textual depictions and descriptions of nudity and sexual activity and should not be accessed by anyone who has not attained the Age of Majority or who is likely to be offended by such materials or who does not wish to be exposed to such materials.
Guest Acknowledgement. By accessing the Site a Guest is making and attesting to the following statements:
Under penalty of perjury, I swear/affirm that as of my accessing of the Site or receipt of Services, I am an adult of at least 18 years of age (21 in AL, MS, NE, WY, or the age of majority or 18 (whichever is greater) in any other location where 18 is not the age of majority).
I promise that I will not permit any person(s) under 18 years of age (21 in AL, MS, NE, WY, or the age of majority or 18 (whichever is greater) in any other location where 18 is not the age of majority) to have access to any of the materials (including any products or features) contained within this Site or its Services.
I understand that when I gain access to the Site or receive its Services, I will be exposed to visual images, verbal descriptions, audio sounds and other features or products of a sexually oriented, frankly erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual activity.
I am voluntarily choosing to access to the Site or receive its Services because I want to view, read and/or hear the various materials and/or order and enjoy the use of such features, which are available, for my own personal enjoyment, information and/or education. My choice is a manifestation of my interest in sexual matters which, I believe, is both healthy and normal and which, in my experience, is generally shared by average adults in my community.
I am familiar with the standards in my community regarding the acceptance of such sexually oriented materials, and the materials I expect to encounter are within those standards.
In my judgement, the average adult in my community accepts the consumption of such materials by willing adults in circumstances that offer reasonable insulation from the materials for minors and unwilling adults and will not find such materials to appeal to a prurient interest or to be patently offensive.
I further represent and warrant that I have not notified any governmental agency, including the U.S. postal service, that I do not wish to receive sexually oriented material.
Screening. The provisions notwithstanding, the Company reserves the right to screen its Models to confirm their identity before they are allowed to provide Model Services. The Company further reserves the right to request additional identifying information before, during, or after the Model has offered Model Services to Users.
Removal. The provisions notwithstanding, the Company may, at its sole discretion, choose to monitor, censor, or remove any information or content present on or transmitted via the Site at any time at its discretion.
26. Prohibited Activities
By Creators. If the Company suspects that a Creator has engaged in any Prohibited Activities the Company has the right to withhold any unpaid earnings from the Model with notice, suspend or terminate the Model's account on the Site with notice, and to take any other actions that the Company deems appropriate.
By Users. If the Company suspects that a User has engaged in any Prohibited Activities the Company has the right to freeze the User's credit accounts on the Site with notice, suspend or terminate the User's account on the Site with notice, and to take any other actions that the Company deems appropriate.
Specifically. “Prohibited Activities” include, but are not limited to:
Obscenity. Creators and Users are prohibited from violating any law concerning obscenity, including portraying sexual activities involving any person under the age of 18 years of age, rape, incest, torture, bestiality, fisting, necrophilia, any form of child pornography, urination, and/or defecation. Models are strictly prohibited from using any terms in his or her profile or in chats that violate or would suggest a violation of any obscenity law.
Prostitution. Creators and Users are prohibited from using the Site to offer or solicit sexual services or favors, whether paid or unpaid.
Escorting. Creators and Users are prohibited from using the Site to offer or solicit any offline or in-person activities. The Company reserves the right to construe virtual or simulated “in-person experiences” between Models and Users as actual offline, in-person activities.
Solicitation of Competitors. Creators and Users are prohibited from soliciting other Creators or Users to use services outside of the Site or for recruiting Creators for services that compete with the Site through their profiles on the Site or their Services to Users.
The Company does not charge Users any basic fee to access the Site or receive Site Services. However, the Company requires that Users establish a User Account and spend CLIQ Credits (as defined below) to interact with Creators. The price of CLIQ Credit is displayed to Users before the purchase thereof. The applicable rates or the methods by which the applicable rates are determined are generally described on the Site.
Payment. CLIQ Credit may be purchased by Users solely from the Company through the payment methods offered on the Site. Users may purchase CLIQ Credit by credit card via a payment gateway or a third-party payment processor such as Stripe. Credit card charges processed via third-party payment processors such as Stripe are fully secured and guaranteed to ensure User's absolute privacy and reliability in the amount charged.
Credit Card Holders. The rights and liabilities of each credit card holder, including with respect to the purchase CLIQ Credit, is governed by each respective credit card issuer agreement.
Accumulation. The Company may, at its own discretion, accumulate Users' charges.
Fees. The Company is not responsible for any additional service fees associated with the purchase of CLIQ Credit from a third-party payment processor. The Company is not responsible for any fees associated with accessing the Site or receiving Services therefrom, including charges for internet and domestic and international cell phone usage.
Promotions. CLIQ Credit may be distributed to User Accounts upon registration of a User Account or in connection with a promotional event.
Records. Users may see the 25 most recent records of their usage of Site and Model Services, including the status of their CLIQ Credit on their User Account page, purchases of CLIQ Credit, and debits from their CLIQ Credit account.
Disputes. In any case of a dispute with regard to the use of a User's credit card to purchase CLIQ Credit, the Company shall be entitled to suspend or terminate that User Account immediately and indefinitely.
Refunds. At its discretion the Company may issue refunds to Users in extraordinary cases in the form of USD or CLIQ credit.
Expiration. Once associated with a User Account, CLIQ Credit will remain associated with that account indefinitely unless it is consumed, or the User Account is cancelled or terminated. In case of the cancellation, closure or termination of a User Account for any reason, any outstanding CLIQ Credit associated with the User Account will immediately expire.
Fraud. The provisions notwithstanding, in the case of a fraudulent purchase of CLIQ Credit, the Company reserves the right to void such a purchase and terminate any User Accounts associated with the purchase.
28. Other Terms
You use CLIQ at your own risk, and you must comply with all applicable laws, rules, and regulations while doing so. We may limit CLIQ's availability at any time, in whole or in part, to any person, geographic area, or jurisdiction.
Unless a mutually executed agreement between us states otherwise, these Terms make up the entire agreement between us regarding CLIQ and supersede any prior agreements regarding the subject matter of these Terms.
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agent, or franchisor-franchisee relationship between us.
We notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers.
All of our rights and obligations under these Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise. You will not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent.
Except as expressly set forth herein, there are no third-party beneficiaries to these Terms.
If we fail to enforce any of these Terms, it will not be considered a waiver.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
These Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of these Terms conflicts with the English version, the English version controls.