https://creators.mym.fans – TERMS & CONDITIONS OF USE AND SALE OF THE WEBSITE - Version 6.1 – NOVEMBER 2019

IMPORTANT – PLEASE READ THE FOLLOWING DOCUMENT CAREFULLY BEFORE CREATING AN ACCOUNT OR USING THE SERVICES OF THE WEBSITE, AND KEEP A COPY THEREOF.

BY CONTINUING TO BROWSE, YOU UNDERSTAND AND ACCEPT THAT BROWSING THIS SITE AND THE PRESENT TERMS & CONDITIONS OF USE AND SALE ARE SUBJECT TO FRENCH LAW, AND THE JURISDICTION OF FRENCH COURTS.

PREAMBLE

AIR MEDIAS is a simplified joint stock company with share capital of €2,000, whose headquarters are based in 26 rue Maurice Flandin, 69003 Lyon, France, registered in the Commercial and Companies Register under the number 809 565 906.

It provides content-sharing services between Models and Users through its website available at the following address https://mym.fans.

Models can thus present the Content they wish via their Account, in a public or restricted manner and within the framework of the use of our Services, whereas Users can consult this Content.

As part of this activity, a special portal is made available to the Models at the following address: https://creators.mym.fans

The purpose of this document is to define the terms and conditions of use of the Website Services by the Models, as well as the sale of services via the Website.

The Terms & Conditions of Use applicable to Non-Model Users of the Website are available at the following address: https://mym.fans/terms.php

Before Registering, Models must check that the Services provided by AIR MEDIAS are suited to them by ensuring that they:

• fully read the present Terms & Conditions;
• consult the information available on the Website.

Furthermore, Models expressly recognize that they have benefited from full pre-contractual information from AIR MEDIAS, in particular through the prior provision of the Terms & Conditions.

ARTICLE 1. Definitions

The following terms and expressions shall, when preceded by a capital letter, for the purposes of the interpretation and execution of this Agreement, be read as follows:

ARTICLE 2. Scope

The present Terms & Conditions of the Website govern and define the terms and conditions of use of the Services provided by AIR MEDIAS to the Models on the Website, in particular the sharing of Content, the sale of services and Content by the Models via the Website, the terms of their remuneration, and more generally any use of the Website by the Models. 

These Terms & Conditions are accessible at all times on the Website at the following address: https://creators.mym.fans/terms-sale.php.

They are submitted to the User prior to Registration on the Website.

The Model is required to read the General Conditions and guarantees that they have accepted them, prior to registration, by ticking the box provided for this purpose.

Failure to accept the Terms and Conditions prevents any Registration.

The Parties agree that their relationship will be governed exclusively by these Terms and Conditions.

Any derogation from the General Conditions can only be enforced against the Parties if it has been duly accepted and formalized in a writing signed by the latter.

The fact that one of the Parties does not sanction a behavior that derogates from the General Conditions does not imply acceptance of the derogatory behavior, nor does it waive the perpetrator.

These Terms and Conditions may be subject to further changes. AIR MEDIAS reserves the right to modify them at any time.

In case of update of the General Conditions, they must be accepted again by the Model prior to accessing the Services.

Any modification will be directly opposable to the Model as soon as it is brought to his knowledge.

The Website is available for free on the internet and is accessible to all provided they have access to the Internet.

The Website allows Models to monetize certain content from Users.

The financial conditions and implementation of this monetization are governed by the provisions of the General Conditions, to the exclusion of any other contractual document, unless expressly stated.

All costs related to access to the Website such as hardware, software or Internet access costs, are exclusively the responsibility of visitors to the Website who are solely responsible for the proper functioning of their equipment and their Internet access.

It is their responsibility, in particular, to check the deactivation of all filters and other software that may block access to the Website, or to put them in place, if necessary, after consulting the Website for the purpose of protecting minors.

In the event that one or more of the provisions hereof would be considered illegal, unenforceable or unenforceable by a court decision, the other notices will remain in force.

The fact that one of the Parties does not avail itself of an undertaking by the other Party to any of the obligations referred to in the General Conditions, can not be interpreted for the future as a waiver of the obligation under cause.

ARTICLE 3. Modality of access to the Website

3.1. Purpose of the Website

The purpose of the Website is to allow the Model to share Content with Users under the conditions set out below.

3.2. Access to the Website

Access to the Website is strictly reserved for adults.

Its access is strictly forbidden to minors, as defined by the relevant national legislation.

Only persons of legal age according to the legislation of their country, and in any case older than 18 years old can create an account as a Model.

AIR MEDIAS encourages parents to monitor the use made of all Internet access by their children, and recommends the implementation of parental protection measures, content filters and other protection software.

AIR MEDIAS endeavors to provide, but does not guarantee, 24/7 access to its Website, except in the case of force majeure or an event beyond its control, and subject to possible maintenance interventions that are necessary for the smooth running of the Website and/or interventions to improve and/or modify the Website itself.

Whenever technically possible, AIR MEDIAS will forewarn the Models of any foreseeable interruption twenty-four hours beforehand.

In no case will AIR MEDIAS be held responsible for any interruptions in access to the Website or their consequences, whatever the extent, except in the case of gross negligence or intentional misconduct on the part of AIR MEDIAS, directly leading to the said interruption in access.

3.3. Security and viruses

It is up to each Model and more generally to any person visiting the Website, to take all appropriate measures to protect himself against the contamination of his data, software or hardware by viruses circulating possibly through the Website or information that are published on it, and manage its data backups.

It is up to the Model, and more generally to anyone visiting the Website, to take all appropriate measures to prevent the spread of viruses through the Website or the information published on it.

The Model expressly accepts and acknowledges that the use of the Website is carried out under his own supervision only, and that he is entirely responsible for any damage or damage to his computer system or to any internet access terminal and any loss of data that may result from downloading or using the Website.

3.4. Use of the Website

The Model agrees to use the Website in compliance with all the stipulations herein.

The Model expressly agrees that use of the Website, information and tools included or accessible via the Website is under his own responsibility.

The Model agrees not to perform any download or operations, or to adopt any behavior of any kind on the Website which could have the effect of hindering the proper functioning, whatever way it is.

In any case, the Model is solely responsible for damages of any kind that may be caused by his actions on the Website.

The Model shall refrain from any action likely to harm the reputation of the Website, AIR MEDIAS, or the personality of its executives, employees, partners, including other Models or Users registered on the Website.

3.5. Independence of the Parties

The Model understands and agrees that AIR MEDIAS performs only a hosting service of the Contents shared by the Model, and the provision of Services.

AIR MEDIAS only acts as a technical intermediary between the Models and the Users within the framework of the Services, as defined and supervised by the General Conditions.

The Model remains free to set its level of activity on the Website, as well as to determine the frequency and type of Shared Content, in accordance with the General Conditions, applicable laws and regulations.

The Model is free to cease its activity through the Website at any time, or to contract with other partners to perform the same or similar services.

AIR MEDIAS does not carry out any editorial control of the Contents shared by the Model, with the exception of verifications relating to the conformity of the Contents with the General Conditions, as well as to the legislation and regulations in force, relating in particular to the protection of minors.

No relationship of subordination between AIR MEDIAS and the Model is created by the acceptance of the General Conditions, or by the use of the Services.

ARTICLE 4. Access to Services

In the context of the use of the Services, the User guarantees to provide AIR MEDIAS exclusively truthful information, up to date and, more generally to behave in good faith.

The Model guarantees, in particular, that all the information communicated concerning its identity is accurate and complete.

Any attempt at identity theft will result in the deletion of the offending account, without prejudice to possible legal proceedings.

This commitment is determinant of her right to continue the use of the Website and Services, regardless of any sums due, if any, by AIR MEDIAS to the Model.

4.1. Registration Procedure

In order to use the Services, the Model must register and create an Account.

The creation of the account is done through the form available at the following address: https://creators.mym.fans/register.php, accessible via the button "registration", present on the homepage.

The Model then has the choice between a connection through its account FACEBOOK, or the creation of an account with AIR MEDIAS directly.

4.1.1. Account Ownership

The Model understands and accepts that created Accounts are unique, nominative and personal.

Accounts are unique, which means that each individual can only create one Account.

The Accounts are nominative, which means that the natural person who created the account must necessarily be the same person as that contained in the Contents, and must necessarily be the beneficiary of the payment of the sums paid under the General Terms and Conditions, if applicable. The Model also undertakes that all the information entered during the Creation of the Account, or when it is updated, is complete, accurate and specific to the person who created the Account, appearing on the Contents, and benefiting from the amounts paid under the General Conditions.

The Accounts are personal, which means that the Model is prohibited from allowing, directly or by negligence, the connection by a third party to its Personal Account.

4.1.2. Registration via Facebook

The creation of the Account through a Facebook account is done through the dedicated button "Registration with Facebook".

The Model is then redirected to the FACEBOOK.COM site, in order to authenticate.

She is then informed of the details sent by the FACEBOOK company to AIR MEDIAS.

This information includes:

• name,
• profile picture,
• email address.

She is also informed that his registration does not allow AIR MEDIAS to publish on Facebook.

The Model has the possibility, before registering, not to transmit her email address by clicking on "Edit this".

In the event of registration through a FACEBOOK account, the Model guarantees that the FACEBOOK account used for her registration is her personal and registered account, and that all the information transmitted by FACEBOOK to AIR MEDIAS is accurate and complete.

4.1.3. Standard registration

If he chooses the Standard Registration, the Model is then asked to enter a pseudonym, which will be used to identify him, as well as an e-mail address.

The Model must, in addition, choose a password with a sufficient level of security and must keep it strictly secret.

The CNIL considers that a good password must have 12 characters and 4 different types: lowercase letters, uppercase letters, numbers and special characters.

This password must not disclose any information about the User and be specific to the Website and his Account.

The Model must then accept these Terms and Conditions.

A confirmation e-mail, containing a confirmation link for the Registration, is sent to the filled-in address.

By clicking on the confirmation link, the User completes his Registration on the Website.

4.2. Model Account Update

The Registration gives access to the Model to pages that are dedicated to her Account on the Website at the following address: https://creators.mym.fans/parameters.php.

The information of certain information within the Account is necessary to the payment of sums due by AIR MEDIAS.

The Model undertakes to maintain permanently on its Account complete information and faithful to her situation, and, consequently, to modify her Account with each change of situation.

The Model can update their account information by adding a picture or cover image, as well as a profile picture.

The Model undertakes never to use photographs that are likely to infringe public order, in any way whatsoever, or that infringe on the rights of others, particularly copyrights, or that are illegal. 

The Model also agrees not to use nude photos, or topless as a profile photo, or an illustration photo of her profile, called "cover".

4.2.1. Model Profile Update

This page is accessible by clicking on the button "manage my profile".

Through this page, the Model can update her profile information whenever he wants.

The categories of the profile that can be completed are the pseudonym under which the Model wishes to be identified when publishing her Contents, a biographical description "bio" that will appear in the public profile of the Model, her city, key words that will identify it, as well as her contents within the search engine in particular.

The Model also has the opportunity to enter information about her presence on social media, namely her Instagram account, the URL of his Facebook profile, her Twitter account, her Snapchat account with direct links.

This information will be shared on his profile, and allow Users to access these pages in one click.

By default, AIR MEDIAS allows its partner sites to promote Models, in order to increase their visibility.

This means that, as long as the option to promote on partner sites is accepted, they can, if they choose, post on their sites or their social networks the Content that the Model has defined as "public".

The Model may choose at any time to refuse the promotion of her profile on partner sites by unticking the corresponding option on the profile page.

The Model may also choose to dereference her profile from the homepage of the Website and from the search engine integrated into the Website.

In this case, only Users accessing their account directly through a direct link will be able to access Content shared by the Model.

4.2.2. Model Login IDs Update

The Model can, if she wishes, modify her password by filling in her old password and then indicating the new password.

The Model Account is strictly personal, and the Account agrees to keep her password secret and not to disclose it to any third party for any reason whatsoever.

Any connection or use of the Model Account by a third party may result in the suspension or deletion of the Account by AIR MEDIAS, to the exclusive wrongs of the Model, without any payment of sums due by AIR MEDIAS Model being required .

In case of loss or forgetfulness of his password, the Model will have to reset it without delay by using the button "forgotten password" then by entering the email address previously indicated and linked to her account.

The Model is solely responsible for the consequences of the use of her Account and acknowledges that any connection or transmission of data made using her Account will be deemed to have been made by it.

4.2.3. Model's Personal Information Update

To complete her profile and obtain a verification badge, the Model must provide her personal information, so that it can be identified by AIR MEDIAS.

This information includes first and last names, date of birth, address, postal code, city, country and a mobile phone number.

The Model may also provide, if she wishes, the company name and its VAT number.

4.2.4. Payment details Update

In order to receive funds from AIR MEDIAS, and in order to obtain a certification badge, the Model must fill in her payment details.

These coordinates take the form of an IBAN / BSD number, as well as a SWIFT / BIC number corresponding to the details of the bank account in which AIR MEDIAS will pay the sums due under the General Conditions.

It is up to the Model to enter accurate bank details.

The model can also enter as payment details a PayPal address on which she wishes to collect the sums due under the General Conditions.

When the Model enters her payment details for the first time, she must also indicate whether she acts as a registered professional or individual.

The Model undertakes to inquire into the legal obligations applicable to her use of the Services and in particular in the event that she earns regular revenues from her use of the Services.

In the case where the Model acts as a professional, she must provide:

• the unique company identification number or equivalent identification number applicable to her company in his country of origin;
• her intra-community VAT number, if applicable;
• the name and contact details of her business.

This information can then be modified if necessary, just as the Model can, if necessary, change her status. In the absence of communication through the page "Payment details" of payment details, AIR MEDIAS will not be able to transmit funds to the Model, and will be released from its obligation, until the indication of valid payment details.

In the event of a transfer made to a wrong recipient as a result of a wrong entry of payment details of the Model, the responsibility of AIR MEDIAS can not be sought, and it will be up to the Model to take the necessary steps to recover the funds, on her behalf and for his own account, at her own expense.

4.2.5. Profile Certification

The Model can obtain a certification badge, in the form of a symbol added to her pseudonym, which will increase her visibility on the Website.

To obtain a badge, the Model must have at least one subscriber and she must have completed her contact details, added a bank account, and sent a copy of her I.D. card (or any other equivalent national document).

As part of the verification procedure, AIR MEDIA will send the Model a multiple-digit code.

After receiving this code, the Model must send AIR MEDIAS a high definition photograph of herself (full HD standard), with the face visible and clearly recognizable, and in which the Model is holding the code sent by AIR MEDIAS, in a written and visible manner.

Any photograph whose quality is deemed too mediocre, or does not make it possible to sufficiently identify the Model, or that could be considered as the result of a photomontage, will be refused, without AIR MEDIAS having to justify its action, and this shall not give rise to any claim.

In this case, a new code will be sent to the Model in order to renew the operation.

In the case of a second refusal, AIR MEDIAS may refuse to grant the Model a certification badge. This shall not give rise to any compensatory claim by the Model.

If this occurs, the Model can renew the request 3 months later, under the same conditions.

All documents are manually verified by AIR MEDIAS, who then issues the certification badge.

A certification badge is necessary for Models to withdraw funds.

ARTICLE 5. Content sharing

5.1. Content Sharing Procedure

The Model can share photos and videos through the home page of the https://creators.mym.fans site.

By clicking on the "+" button on this page, the Model can share a photo or video.

The Model can then choose to add a caption to the Shared Content.

The Model must then indicate whether she wishes to make the Content public or not.

In the event that the Model chosen to make the Content public, it is made accessible to all Users and visitors of the Website, registered or not, and is visible without blur on the public profile of the Model.

If the Model decides not to make the Content public, it will not appear on the homepage of the Website, and will appear "blurred" on the public profile of the Model.

Only Subscribed Users may have access to the "unblurred" version of the Content thus shared.

The Model undertakes not to disseminate non-public Content of any kind whatsoever, in particular by posting it on other platforms or social networks.

5.2. Nature of Contents

The Model understands and agrees that the Shared Content must have the Model as its exclusive purpose, and must consist exclusively of photographs, or videos.

The Model is solely responsible for the nature and content of the Shared Content.

The Model is responsible for the compliance of the Content with the General Conditions, as well as the legislation and regulations in force.

The Model understands and accepts that Public Content may not contain full nudes, or topless.

Integral naked means the direct and visible representation of the model's genitals.

Topless is the direct and visible representation of the model's nipples.

The representation of Pornographic Content within the Public Content is also prohibited.

5.3. Intellectual Property of the Contents

The Content shared by the Model is and remains the exclusive property of its holder.

The Model grants AIR MEDIAS a non-exclusive license to share this Content as part of the Website, and, if the option is activated, via partner websites.

The Model also grants AIR MEDIAS a non-exclusive license to share Content on the AIR MEDIAS social networks, which are publicly accessible:

• on Instagram at the following address: https://www.instagram.com/mym_fans/
• on Facebook at the following address: https://www.facebook.com/mym.fans/
• on Twitter at the following address: https://twitter.com/mym_fans_/

The Model guarantees that she is in a position to grant this license.

She also guarantees that she is the owner of all rights, or has all the authorizations necessary to accept the Terms & Conditions.

The Model guarantees AIR MEDIAS against any legal remedy, claims, action or conviction that may be taken against it by the holder of an intellectual or industrial property right, or in terms of image rights concerning the shared Content, or part of the Content such as the audiovisual, graphic, digital, textual or audio data. 

The Model undertakes to pay for all costs of legal proceedings, damages and financial penalties against AIR MEDIAS for any dispute linked to the publication of Content shared by the Model on the Website.

The Model recognizes that the guarantee granted is not limited in time.

The license granted concerns proprietary copyright, protecting the Content where appropriate, as well as the image rights of the Model, who understands and accepts that the Content will be published on the global Internet infrastructure under the conditions determined by the Terms & Conditions.

AIR MEDIAS undertakes to ensure, to the best of its ability, the protection of the Models’ rights, and respect of their private life.

Within this framework, AIR MEDIAS undertakes to ban any User derogating from current legislation, or from the Terms & Conditions of use for Users.

AIR MEDIAS also undertakes to collaborate in good faith with any Model wishing to exercise her rights in justice against any Users on the basis of invasion of the Model’s privacy, or violation of her intellectual property or personality rights (image rights in particular) by providing her with the necessary information of which it disposes.

5.4. Sanctions for non-compliance with the rules relative to Content

Any violation of the stipulations of the present Article could lead to the suspension or deletion of the Model’s Account, in relation to the seriousness of the violations, and at the sole discretion of AIR MEDIAS.

In the case of a serious and/or repeated violation of the rules relative to Content, AIR MEDIAS could end the contractual relationship it has with the Model, due entirely to her, without payment of sums due by AIR MEDIAS to the Model as part of a fixed allowance, apart from any possible damages that may be sought before the court.

Any violation of the mandatory legal or regulatory provisions, in particular relative to the protection of minors, or relative to misused identity, could also reported to the competent authorities. 

ARTICLE 6. Services

6.1. Subscriptions

The Website offers Users the possibility to subscribe to the Models of their choice.

The subscription consists of a monthly or annual payment by the User, collected by AIR MEDIAS.

The monthly rate of the Subscription is freely determined by the Model from among the pricing models proposed by AIR MEDIAS.

The amounts thus collected are then partly paid to the Model, according to the stipulations of the Article “Collection of Earnings”.

In return for payment of a subscription to a Model, the Subscribed User obtains access to the Content shared by the Model in ‘non-public’ mode without ‘blurring’.

The Subscribed User also has the possibility of making requests to communicate with the Model via private media.

6.2. Private media

6.2.1. Terms of private media communication

Subscribed Users have the opportunity to contact the Model for Private Media Communication, that is Content that the Model has not publicly shared, and that the latter agrees not to publicly share.

The User has the option to request the communication of Content in a specific format, or including specific content aspects.

In case of request for communication of a private media, the Model will be notified by email of the request from the Subscribed User.

The Model can respond to this request, by freely setting a price excluding taxes in the dedicated field for this purpose.

If the Subscribed User accepts the price excluding taxes proposed, he can proceed to the payment via the Website of the price excluding tax, plus all applicable taxes, depending on the country of residence of the User.

In this case, the Model must transmit the Content through the Website within 72 hours of payment by the Subscriber.

The Model will be free to communicate any Content already in her possession answering the Subscribed User's requests, or to proceed to the realization of this Content for the purposes of private media communication.

The Model undertakes that the Content communicated as private media will not be the subject of any other free public distribution of its fact, by any means whatsoever, or on any medium. The Model undertakes to make the Private User available to the Subscriber only through the Website.

In the event of delay in the communication of the Content, or of any dispute relating to the nature of the Content delivered (inadequacy with the requests), AIR MEDIAS may refund the Subscribed User and the corresponding sums will not be returned to the Model.

Constitutes an inadequacy the nonconformity of the private media with the requests of the User:

• in terms of format;
• and / or in terms of content.

In case of formulation by the User of a dispute concerning an alleged inadequacy of the private media with his requests, he must indicate precisely the grievances made to the private media.
AIR MEDIAS will be sole arbitrator of the adequacy or the inadequacy of the private media, its decision binding on the Model and the User.

In the event of repeated delays, or repeated inadequacies to the requests of the Subscribed Users, AIR MEDIAS will proceed to the suspension of the account of the Model, without being able to be held liable on this basis.

6.2.2. Viewing modalities by the Private User Media Model

Subscribed Users have the possibility to contact the Model to communicate to them a private medium, which the Model can commit to viewing within 72 hours following the communication under the following conditions.

In case of request for viewing of a private media, the Model will be notified by email of the request from the Subscribed User.

The Model can respond to this request, by freely setting a price excluding taxes in the dedicated field for this purpose.

If the Subscribed User accepts the price excluding taxes proposed, he can proceed to the payment via the Website of the price excluding tax, plus applicable taxes.

In this case, the User will make available to the Model, through the Website, the private media that he wishes the Model to view.

The Model shall view the User's private media via the Website within 72 hours of payment by the Subscriber.

In the event of delay in the viewing of the Content, AIR MEDIAS may proceed to the refund of the Subscribed User, at the request of the latter, and the corresponding amounts will not be returned to the Model.

6.2.3. Intellectual property of private media

The provision of private media to the Subscribed User or the Model through the Website does not constitute an assignment of copyrights, or a license on the content of the private media to the Subscriber or Model.

It does not constitute a contract relating to the image rights of the Model or the Subscribed User, who remains fully the owner of the private media, and all the related rights, subject to the license granted to AIR MEDIAS for the diffusion of the Contents.

The provision of private media produced by a Model, carried out within the framework of this Service is limited to the personal use of the User, within the framework of the navigation Website, which he understood and accepted.

Any downloading, sharing, making available, reproduction, or any other form of use or dissemination of the private media excluding the consultation on the Website is strictly prohibited, and will result in the deletion of the Subscribed User or Model Account.

In case of unauthorized sharing of private media, the User has agreed that AIR MEDIAS will be free to charge him an amount equal to 10 times that paid to AIR MEDIAS for the communication of private media.

This sum will be invoiced for the violation by the User of his contractual commitment of non-communication of private media to AIR MEDIAS.

The payment of this sum does not exclude the blaming of the User's liability for the violation of the rights of the Model, and in particular its right to the image or possible copyrights relating to shared media.

It does not exclude the commitment of the User's liability on the basis of the other rights of AIR MEDIAS.

In any case, AIR MEDIAS will only charge this sum in the event that the author of the broadcast of the private media could be definitively identified.

AIR MEDIAS undertakes to return to the Model all sums  received for this case.

The Subscribed User who has ordered a private media is informed and agrees that in the event that AIR MEDIAS or the Model Company notice the broadcast by any means of private media made on its behalf, it will be presumed author of this broadcast, and will be able to see his responsibility engaged.

AIR MEDIAS undertakes in this case to cooperate in good faith with the Model to enable it to exercise her rights.

In the case of the provision of private media by the User to the Model, the Model undertakes not to reproduce, make available, share or download outside the scope of the realization of the Services.

6.3. Sponsorship

AIR MEDIAS offers the possibility for Models to "sponsor" other models.

To sponsor another Model, she must register on the Website through the referral link made available to the Model on the following page: https://creators.mym.fans/sponsorship.php, accessible from the account page of the Model.

Once registration is complete, the Model is registered as a sponsor of the new Model, and receives amounts proportional to the amounts received by the Sponsored Model.
Amounts received by the Sponsoring Model are not deducted from the amounts received by the sponsored Model.

ARTICLE 7. Collection of Earnings

The following give the Model the right to collect earnings: subscriptions to her profile, sale of private media and the payment of gratuities via the Website.

7.1. Price of Services

The current rates applicable to User Services will be freely determined by the Models from among several pricing models implemented by AIR MEDIAS, which are as follows:

• If the Model chooses to set up a monthly subscription of €9.99 (before tax) per month for each User, an annual subscription of €49.99 shall also be proposed to Users taking out a Subscription;
• If the Model chooses to set up a monthly subscription of €19.99 per month for each User, an annual subscription of €99.99 will also be proposed to Users taking out a Subscription;
• If the Model chooses to set up a monthly subscription of €49.99 per month for each User, an annual subscription of €299.99 will also be proposed to Users taking out a Subscription.

The amount including all taxes will then be determined in relation to the geographic location of the User, and does not enter into consideration in determining the Model’s remuneration.

The prices before tax applicable to the sale of private media are freely determined by the Model, and accepted, as the case may be, by the Subscribed User, and these are increased, where appropriate, by the applicable taxes.

The prevailing price before tax is that set by the Model in the field provided when she is requested to communicate via private media by the Subscribed User.

The amount of gratuities paid by Subscribed Users is determined by the latter at the time of payment. The price paid in the context of gratuities by Subscribed Users includes all taxes.

7.2. Applicable payout rate

Prior to payment of the Model, AIR MEDIAS deducts 11% of the total amount including taxes paid by the Users.

This deduction corresponds to the flat-rate billing for costs incurred by AIR MEDIAS for the operation of its services (Expenses), including charges levied for online payment solutions.

The base for calculation (Calculation Base) used to determine how the amounts paid by the Users are divided between AIR MEDIAS and the Model, equals the total amount paid by the User, minus VAT applicable in the User’s country of residence, where applicable, plus Expenses.

AIR MEDIAS undertakes to pay the Model an amount corresponding to 80% of the Calculation Base, an amount corresponding to 20% of the Calculation Base being kept by AIR MEDIAS as remuneration for its services. 

As part of the amounts paid for private media communication, AIR MEDIAS undertakes to pay 80% of the Calculation Base, and to keep just 20% commission for operating costs and remuneration for its technical services.

As part of the gratuities, which are freely offered by Users to the Models, AIR MEDIAS undertakes to pay 90% of the Calculation Base, and shall keep just 10% commission for operating costs and remuneration for its technical services.

As part of sponsoring, AIR MEDIAS undertakes to pay the sponsoring Model an amount equal to 10% of the total amount received by “sponsored” Model, with the exception of the amounts received by the “sponsored” Model in the form of gratuities, which shall not be taken into account in determining the remuneration due to the “sponsor”.

7.3. Provision of Earnings

The total amount of the sums due by AIR MEDIAS to the Model is displayed on the following page: https://creators.mym.fans/balance.php, accessible from the home page by clicking on the “€” icon.

This page indicates the validated earnings, i.e. the earnings that can be paid immediately by AIR MEDIAS to the Model, coming from:

• subscriptions to the Model’s profile, whose waiting time has been exceeded,
• gratuities, whose waiting time has been exceeded,
• provision of private media by the Model in a timely manner, that has not met with opposition by the Subscribed User having made the request within 7 days following their availability.

It also indicates the earnings pending, i.e. the earnings that shall be considered as validated, and that can be paid by AIR MEDIAS to the Model once the following waiting times have expired:

• 15 days from payment of the subscription by the User for the monthly subscriptions;
• 60 days net from payment of the subscription by the User for annual subscriptions;
• 7 days from the provision of private media, in the absence of any claim by the User
• 7 days from payment of gratuities (if any) by the User.

Nevertheless, in the case where the Model is acting as a professional, her earnings cannot be paid to her before receipt of the invoice concerned, following a request for an invoice by AIR MEDIAS.

7.4. Fraud

In the case of a financial transaction flagged as potentially fraudulent by payment organizations or banking institutions, or in the case of suspicious activity on any User’s account, AIR MEDIAS could label the User Account as a “Monitored Account”.

By way of derogation from the stipulations of the present Article, AIR MEDIAS reserves the right to withhold the amounts paid via a Monitored Account for a maximum duration not exceeding six months from the date of payment, or until the legitimate nature of the payments is established.

The amounts withheld in this manner will be considered as “Earnings Pending” until the deadline expires, or their legitimate nature has been established.

In the situation where more than one third of Users subscribed to a Model are labeled as Monitored Accounts, AIR MEDIAS may decide to suspend the Model’s account, and  may consider all amounts paid to the Model as amounts paid by Monitored Users.

7.5. Tax provisions

The Model is responsible for carrying out all the tax, administrative and regulatory procedures necessary to conduct her professional activity on the Website.

The Model guarantees that AIR MEDIAS is protected from all damages on this basis.

A monthly summary detailing the sources of the Model’s earnings is sent to her by AIR MEDIAS.

An annual summary is also sent at the end of each calendar year.

AIR MEDIAS recommends that the Model contact the relevant tax administration to determine the tax regime applicable to her activity.

7.6. Method of payment of earnings

The Model may request at any time the payment of her validated gains to AIR MEDIAS, provided that the total sum paid is not less than 50 euros.

In case of request for payment of the gains by the Model, it will take the form of a bank transfer to the account indicated in the Profile of the Model within 7 days of the receipt of the request by AIR MEDIAS, or of a PAYPAL transfer.

ARTICLE 8. Deletion of the Model's Account

8.1. Intentional Deletion of the Model’s Account

The Model can, at any time, request that AIR MEDIAS delete her account.

This request may be formulated via the “DELETE ACCOUNT” button, present on the Model’s profile, or by sending an email to the following address: support@mym.fans, by indicating “DELETION” in the subject line, which should be sent from the email address associated with the Account.

If the email request is sent in accordance with the requirements of the present Article, AIR MEDIAS undertakes to delete the account and all the associated information within fifteen days following receipt of the email.

Any request to delete an account is definitive.

8.2. Deletion of Model’s Account due to Inactivity

In the case of inactivity of a Model’s Account for a period of more than one year, AIR MEDIA will delete the Model’s Account.

‘Inactivity’ shall mean the period elapsed since the last connection to the Model’s Account.

In the case of suspension of the Model’s Account for any reason, including violation of the present Terms & Conditions, which remains unresolved after a period of more than one year, AIR MEDIA will delete the Model’s Account.

8.3. Effects of the Deletion

Deletion of the Account will lead to deletion of all Content shared by the Model from AIR MEDIAS servers, and the suspension of all subscriptions, sponsorship and other Services associated with the Model’s Account.

Concerning the earnings not withdrawn at the time of account deletion, the Model can claim the balance of her account by writing to support@mym.fans. Payment of the amounts shall take place at the end of the period of validation of earnings stipulated in Article 7.3.

In the case of deletion of the Account, the earnings not withdrawn for which the Model has not requested payment from AIR MEDIAS, will be considered as acquired by the latter after a period of 5 years following the date of deletion of the Account.

ARTICLE 9. Code of good conduct

9.1. Code of good conduct

When browsing the Website, and particularly when sending requests for private media communication, the Model agrees and guarantees that she will not violate any legal or regulatory provisions, she will not conduct any activity that is illegal or otherwise in violation of standards, and that she will not have no behavior contrary to public order and morality and in particular:

• ​to achieve or obtain paid sex;
• encouraging or condoning violence;
• condoning or encouraging any form of discrimination on the basis of race, ethnicity, religion, disability, sex, age, sexual orientation / gender identity;
• inciting hatred;
• presenting a racist, homophobic or discriminatory nature;
• constituting defamation or insult;
• constituting any threat whatsoever against a Model (or anyone);
• constituting harassment;
• constituting an unauthorized disclosure of personal and / or confidential information of third parties, including Models and other Users, including names, first names, addresses, social media, telephone numbers, e-mail addresses of natural persons identified by pseudonyms, or any other element allowing their identification, or infringing their private life;
• and any other illegal activity.

The model undertakes to obtain and keep on record written consent from all persons depicted in the content specific to the following areas:

• consent to be depicted in the content;
• consent to allow for the public distribution of the content and to upload the content to the MYM website;
• if the content will be made available for downloading by other users, consent to have the content downloaded

The model undertakes to verify the identity and age of all persons depicted in content to ensure that all persons depicted are adults and to be able to provide supporting documents upon request.

The Model guarantees on the contrary that she will use the connection tools with the Models and AIR MEDIAS in good faith, for the sole purpose of allowing the realization of the Services, in accordance with the present General Conditions.

The Model is informed that AIR MEDIAS can verify the content of communications between Users and Models.

For all the services provided as part of the Website, the Model irrevocably undertakes to use exclusively the Services set up by AIR MEDIAS and never to act for the purpose of circumventing the system of payment of sums placed in place on the Website.

The Model is thus prohibited for example from asking Users for the payment of sums of money for services performed on the Website, but through a bias other than the Website.

The Model shall in particular refrain from any infringement of the legislation protecting minors, and their image.

Any infringement of this legislation that will be brought to the attention of AIR MEDIAS will be subject of an immediate denunciation to the competent authorities, and a communication to the authorities of all information in the possession of AIR MEDIAS.

The Model agrees not to share any Content that identifies a minor physical person, as defined by applicable law, or, in any event, under 18 years of age at the moment of the creation of Content.

Failure to comply with the provisions of this article may result in the suspension of the Account, and termination to the exclusive wrongs of the Model of any Contractual Relationship uniting her to AIR MEDIAS, without prejudice to any other damage the remedy of which may be sought in court.

9.2. Code of good conduct Users

AIR MEDIAS pays particular attention to the establishment of a climate of trust between Models and Users.

Therefore, Users are bound by commitments to respect the personality of the Models, their privacy, and their particularly strict rights.

AIR MEDIAS encourages the reporting of any abusive behavior against the Model by Users or other Models.

This type of behavior will result in an immediate suspension of the offending account, without prejudice to any damages that could be claimed in court by the Model or AIR MEDIAS, as the case may be.

AIR MEDIAS undertakes to collaborate with the Model in the context of any legal action resulting from this type of behavior.

The Model undertakes to report any violation of the provisions of this article to AIR MEDIAS.

9.3. Non-Compliance with the Terms & Conditions 

In the case of non-compliance with the Terms & Conditions by any User, including the Model, leading to the introduction of special procedures by AIR MEDIAS, a flat fee of €100 before tax may be billed by AIR MEDIAS to the User, as compensation for processing fees incurred by AIR MEDIAS, without prejudice to any possible damages or compensation for recovery costs that may be due to the company.

This flat fee may be directly debited from the Model’s earnings, where relevant.

9.4. Website Intellectual property

All intellectual property rights, in particular copyrights, trademarks, image rights and related rights relating to the general structure of the Website as well as texts, logos, and any other element of the Website , belonging to AIR MEDIAS, its affiliates or their directors remain the exclusive property of AIR MEDIAS or their respective owners.

Any exploitation, commercial or otherwise, including any download, copy, reproduction, distribution, transmission, distribution, adaptation, translation or representation, in whole or in part of the Website, including its general structure or logo, illustrations and Contents present on the Website, by any means and current or future process, on any current or future medium or format, without the prior written authorization of AIR MEDIAS or their respective owners is prohibited and is likely to give rise to legal proceedings, particularly in the case of counterfeiting.

In general, any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, Content, etc. for any reason and on any medium whatsoever, without the express prior agreement of AIR MEDIAS or their holders is strictly prohibited.

The same is true of any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. It is the same for any copyright, design, model and patent that are the property of AIR MEDIAS, its group companies, their directors or their partners, including Models.

The databases on the Website are protected by the provisions of Articles L341-1 and following of the Code of Intellectual Property. In particular, the extraction and reuse, quantitatively or qualitatively substantial, of the content of the databases contained on the Website is prohibited. Any offender is liable to the penalties referred to in Articles L 343-1 et seq. of the Intellectual Property Code.

It is strictly forbidden to use any program intended to extract the content of the Website, with the exception of the robots used by companies operating search engines.

The rights of literary and artistic property pertaining to the Contents, the image rights of the Models are the property of the Models and their authors.

ARTICLE 10. Personal data

AIR MEDIAS, within the framework of the Services, is brought to collect a certain amount of personal data of the Models, necessary for the good functioning of the Website and the execution of the Services.

The User acknowledges having read the personal data management charter available at the following address, and has been informed of his rights, as well as the terms of their exercise which are exposed: https://mym.fans/ privacy.php.

The Model acknowledges that whenever personal data concerning her has been collected, he has been informed by AIR MEDIAS.

By creating an Account, the Model agrees that the personal data that she communicates to AIR MEDIAS shall be the subject of the processing necessary for the implementation of the Services, in particular in accordance with applicable laws, regulations and other mandatory provisions.

AIR MEDIAS does not transmit this personal data to any third party, except with the express consent of the Model.

The personal data collected by AIR MEDIAS are neither sold nor communicated to third parties except under the conditions provided for in this article.

The personal data of the Model will be used for purposes of commercial prospection with her explicit consent.

In accordance with the law "Informatique et Libertés" of January 6, 1978, and Regulation (EU) 2016/679 "RGPD", the Model has at any time a right of access, interrogation, modification, rectification and deletion of personal data concerning her.

If the Model wishes to no longer receive information by email from AIR MEDIAS, other than the information necessary to use the Services, she may:

• click on the unsubscribe link in the the email footer sent by AIR MEDIAS;
• or, if she prefers, report it to AIR MEDIAS at any time by sending an e-mail to support@mym.fans with the understanding that the processing time is longer than the unsubscribe link.

AIR MEDIAS keeps this information for one year from the end of the contractual relationship with the Model. Any account created remaining inactive for an uninterrupted period of one year will see the personal data collected and linked to that account deleted and her account anonymized.

The personal data whose conservation is obligatory (accounting documents, etc.) will be preserved in the form of archives for all the obligatory duration in application of the applicable regime.

All the rights relating to the personal data are exerted with AIR MEDIAS :

• by mail : AIR MEDIAS – 26 rue Maurice Flandin 69003 – LYON - France;
• by E-mail to the address: support@mym.fans.

ARTICLE 11. Cookies

For the proper operation of the Website, AIR MEDIAS may be required to place cookies in the Model’s browser.

For statistical purposes, AIR MEDIAS may collect browsing information through the use of cookies.

The Model is free to accept or refuse cookies by configuring his browser (disabling all or some cookies - see Web browser manual or help function).

Disabling cookies may result in the unavailability of certain Services on the Site.

The Model can, moreover, at any time delete the registration of cookies, or cookies already registered on his computer, by setting the privacy protection options of his Internet browser (for example: Tools> Clear my traces > Cookies, on Mozilla Firefox and Tools> Delete browsing history> Delete cookies, on Microsoft Internet Explorer).

The CNIL website also indicates how to manage and delete cookies on its browser.

These explanations are available at the following address: https://www.cnil.fr/fr/cookies-les-tils-pour-les-maitriser.

The cookies, if any, have an activity duration of twelve (12) months maximum.

ARTICLE 12. Governing Law and Jurisdiction

These General Terms and Conditions are written in French and the resulting transactions are governed by and subject to French law.

In the event that they are translated into one or more foreign languages, only the French text will prevail in case of dispute.

In the event of a dispute, the Parties undertake, before any referral to a jurisdiction, to attempt to reach an amicable agreement.

The User acknowledges having read the legal notices accessible from the tab of the same name available on the Website at the following address: https://mym.fans/legal.php.