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Version of 23.01.2023
PREAMBLE AIR MEDIAS, a French simplified joint-stock company (société par actions simplifiée) with share capital of 507 800,00 Euros, registered with the Lyon Trade and Companies Register under the number 809 565 906, having its registered office at 16 rue Cuvier, 69006, LYON - France, (hereinafter "MYM" or "the Operator") publishes and operates the online platform accessible at the following address: https://mym.fans/ (hereinafter the "Platform"). The Platform is used to:
  • Reference the Media and Profiles of Creators;
  • Connect Creators and Users with a view to sharing Media free of charge or for a fee;
  • promote and derive revenue from these Media, in particular through the Payment Services offered by MYM.
It is in this context that the Parties have come together so that the Creator can benefit from the Services offered by the Platform. The Creator acknowledges having received from MYM all the information and advice enabling it to know the content of the Services, to assess their suitability for its needs and thus to sign the Contract in full knowledge of the facts. IMPORTANT ANY REGISTRATION ON THE PLATFORM BY THE CREATOR IMPLIES THE UNRESERVED ACCEPTANCE BY THE LATTER OF THESE GENERAL TERMS OF SERVICE. ARTICLE 1. DEFINITIONS The terms used below have the following meanings in this Contract:
  • "Subscription": means the right to access the Media granted by the Creator to the User in return for the price of the Subscription;
  • "Subscriber": means a User who has subscribed to a Subscription with a Creator;
  • "Ambassador": means any User who refers a Creator or other Ambassador by means of a Single Referral Link, in accordance with the terms and conditions defined within the General Terms and Conditions of Referral;

  • "Certification ": means the procedure allowing MYM to collect the Creator's information in order to ensure the Creator's eligibility for the Services;
  • "Account ": means the computer interface hosted on the Platform and allowing the Creator to use the Platform and the Services, while benefiting from a space hosting its data ;
  • “Order”: means any Subscription, Private Media, Push Media and/or Ticket order placed by a User with the Creator on the Platform;
  • “Commission ”: means the percentage of the Creator's earnings paid to MYM in consideration for the Services. The Commission is a percentage of the Price of any Order placed with the Creator;
  • "General Terms and Conditions of Sale": means the Platform’s contractual terms governing the subscription to Subscription and sale of Private Media, Push Media and/or Live Access Tickets;
  • “General Terms and Conditions of Use” or “GTCU”: means the contractual conditions made available on the home page of the Platform, in order to regulate the use of the Platform by any User;
  • “General Terms and Conditions of Referral” or “GTCR”: means the contractual terms governing the contractual relationship between the Ambassadors and the Operator;
  • "Content": means any item published by a User on the Platform, whether it is Media published by a Creator, or a message or content of any kind (text, image, video, sound, multimedia) published by a User;
  • “Contract”, “General Terms of Service” or “GTS”: means these General Terms of Service and all their Appendices, which govern the provision of the Services by MYM to the Creators;
  • "Special Terms": means the purchase order or any implementation contract defined between the Parties, which derogates from this Contract and whose conclusion results in the acceptance of these General Terms of Service;
  • "Creator”: means any natural or legal person registered on the Platform as a creator, sharing the Media through the Platform and having subscribed to these General Terms of Service;
  • "Feed" or "Newsfeed": means the newsfeed of the User accessible on the Platform from their Profile;
  • "Bank Charges": means the costs deducted from the sums paid by the User in return for the Payment Services provided to the Creator. Bank Charges are equivalent to a percentage of the amounts processed by the Operator under any Order. They are therefore calculated on the amounts actually paid, including all taxes, including VAT and any costs;
  • “Earnings”: means the amount actually received by the Creator, consisting of the Tax Free Price, from which are deducted the Bank Charges (calculated on the amount of the Order excluding tax) then the MYM Commission, (calculated on the Tax Free Price, minus the Bank Charges);
  • "Credentials": means the Creator's email address and password or the Creator's Facebook or Google account, necessary for accessing its Account on the Platform;
  • " Confidential Information": means all financial, legal, technical, commercial, strategic information, as well as data, documents of any nature, drawings, concepts, manufacturing secrets, know-how, information systems, software, transmitted or brought to the attention of a Party under the Contract, regardless of the form and/or media used;
  • "KYC": means the Know Your Customer procedure consisting of requiring a User to provide elements to prove their identity and eligibility for certain Services offered by MYM.
  • "Media": means all photographs, videos, music, audio files, podcasts, lives, information, texts, logos, brands, animations, designs and models, data and, in general, all elements and content created by a Creator and published by the Creator under its full control and sole responsibility on the Platform according to the terms, form and conditions offered to it as part of the Services;
  • "Public Media" means any Media published by the Creator on its Profile and accessible to any User free of charge;
  • "Non-Public Media": means any Media published in a blurred manner in the Creator's Feed, and which can be made visible by signing up for a Subscription.
  • “Private Media” or “Custom Media ”: means any Media exchanged by a Creator and a User, through messaging. Private Media cannot appear in the Creator's profile;
  • "Push Media": means any Media offered spontaneously by a Creator to one or more Users, through private messaging;
  • "MYM" or "the Operator": refers indiscriminately to:
    • AIR MEDIAS, a French simplified joint-stock company (société par actions simplifiée) with share capital of 507.800 Euros, registered with the Lyon Trade and Companies Register under the number 809 565 906, having its registered office at 16 rue Cuvier, 69006, LYON - France;
    • the Platform.
  • “Parties ”: in the plural, refers to MYM and the Creator together. In the singular, it refers to only one of the two Parties;
  • “Platform”: means the online Platform accessible at the following address: https://mym.fans/ or through the corresponding mobile applications. The Platform includes all the web pages, Services and features offered to Users;
  • "Payment Service Provider" or "PSP": means the company, holder of a banking authorisation, providing, through the Operator, payment services to Creators in order to allow them to collect payments from Users;
  • "Price": means the sum of money or crypto assets paid by a User to the Creator through the Platform in return for a Subscription, a Media or a Live ticket;
  • "Profile": means the Creator's presentation page, in which is presented both the Creator's activity and the Media and Subscriptions it offers;
  • “Tip”: means the amount freely paid by the User to the Creator at its sole discretion, without direct consideration;
  • “Services”: means all the Services offered by MYM to the Creators through the Platform;
  • "Payment Services": means the Services offered by the Operator, allowing on the one hand Users to pay for their Orders and on the other hand Creators to collect their Earnings. Payment Services are provided by third party companies, known as Payment Service Providers;
  • “Support Website”: means the website hosted at https://support.mym.fans/, published by the Operator in order to provide as much information as possible and to assist any User in their use of the Platform and its Services;
  • "Story": means the Media published by the Creator to illustrate its news, which will automatically disappear after a period of seventy-two (72) hours;
  • “SuperStar”: means any Creator meeting the criteria defined on the Support Website (https://support.mym.fans/) and as such benefiting from differential treatment;
  • "Ticket ": means the ticket purchased by a User allowing them to attend a Live;
  • “User”: means any person who accesses and browses the Platform, whether a User, Creator, Ambassador or individual Internet user;
  • "Interested User": means any user identified by MYM as being interested in the Media or the Creator's Profile without having signed up for a Subscription with the Creator. The following shall be considered as Interested Users:
    • a User who has clicked on the button to subscribe without proceeding to make payment;
    • a User who has chosen to place a Media in their Bookmarks;
    • a User who has “liked” a Media;
    • a User who has chosen to “follow” a Creator from their Profile page.

ARTICLE 2. CONTRACTUAL DOCUMENTS The Contract consists of the following contractual documents, listed in order of priority:
  • Any Special Terms;
  • The General Terms of Service in force;
  • The Appendices.
The higher-ranking document shall prevail, in the event of a contradiction, over the lower-ranking documents. ARTICLE 3. AMENDMENT OF THE CONTRACT MYM reserves the right to amend this Contract at any time. Such changes shall be notified to the Creator on a durable medium at least thirty (30) days prior to the changes taking effect. In the event of substantial changes to this document, the following assumptions must be distinguished:
  • Either the Creator consents to such substantial changes, in which case they will automatically enter into force on the date provided for in the notification,
  • Or the Creator refuses the substantial changes. In this case, the Creator may terminate the Contract before the notice period has expired.
The Creator expressly accepts that its silence following the notification made to it of the modification of the Contract is considered as acceptance of the modifications made.
ARTICLE 4. PURPOSE The purpose of these General Terms of Service is to set out the terms and conditions of the Creator's access to the Services offered by MYM through its Platform and the respective rights and obligations of the Parties arising from the use of these Services. This Contract, which excludes any relationship of subordination, does not in any way confer on the Creator the status of employee, agent or representative of MYM. The Parties further declare that this Contract may not be considered as a constituent act of any legal person or legal entity, and that any form of "affectio societatis" is formally excluded from their relations. ARTICLE 5. ACCOUNT REGISTRATION AND MANAGEMENT 5.1 - Terms and conditions for registration of Creators In order to be able to conclude these GTS, the Creator must:
  • be a duly registered legal person acting through a legal representative or a person duly authorised to bind it legally;
  • or be a natural person of legal age, capable, who is not under any legal protection measure (guardianship, trusteeship).
The GTS may be terminated, or as the case may be, rescinded in the event that one of these conditions is not or is no longer met. In order to be referenced on the Platform and publish its Media, the Creator must register on the Platform by visiting the Internet page: https://creators.mym.fans/app/register. The Creator may register:
  • By filling in an online form. In this case, it will be asked in particular to enter its email address and password;
  • Via its Facebook or Google account. In this case, it will be returned to the Facebook or Google website. It will be up to it to select the information it wishes to share with MYM in the context of its registration on the Platform as well as the permissions it wishes to grant to MYM on said account.
The Creator warrants that the Facebook or Google account used for its registration is its personal and registered account, and that all information transmitted by Facebook or Google to MYM is accurate, complete and up-to-date. As part of its registration on the Platform, the Creator must also:
  • if it is a matter of being of legal age and not being subject to a legal protection measure;
  • Accept this Contract;
  • Provide and maintain the information requested by MYM;
  • Complete all the mandatory information that must appear on their Profile.
These General Terms of Service shall be effective subject to MYM's acceptance of Creator's registration upon completion of the certification process. The Creator may benefit from the Services via its Account accessible on the Platform. In any event, in order to benefit from the Services, the Creator undertakes to provide the Operator with a valid email address. 5.2 - Account Management The Creator has a non-professional Account by default. In the event that the Creator acts as a professional, it may activate the "Professional" option directly on its Account, it being understood that the fact that a Creator presents itself as a consumer by acting in a professional capacity may constitute an unfair commercial practice. 5.2.1. Profile Management Once registered, the Creator will have access to its Account. From the Account, the Creator can in particular complete and update its Profile. 5.2.2. Account Certification The Creator may request the Certification of its Account by visiting the page: https://creators.mym.fans/app/certification. To apply for Account Certification, the Creator must meet the following criteria:
  • Have published at least three (3) Media on its Account;
  • Have entered correct and up-to-date contact details (first name, maiden name, address);
  • Have confirmed the mobile phone number via a unique code received by SMS;
  • Attach an identity document;
  • Attach a safety selfie;
  • If applicable, attach a registration certificate and an intra-Community VAT number.
The Creator is informed that the Certification may be refused or revoked by MYM without notice and without compensation in the event of a breach of these General Terms of Service or the General Terms and Conditions of Use and in particular in the following cases:
  • The ID does not match the Profile photo;
  • The contact details entered are not up to date or are inaccurate;
  • The safety selfie is not compliant;
  • The identity document is not legible or visible on the safety selfie;
  • The Creator already has a Certified Account. In this case, MYM reserves the right to close the Creator's second Account.

5.2.2. Become a Superstar A Superstar Creator benefits from the following advantages:
  • subject to the content of the Special Terms, the MYM Commission is reduced by one percentage point;
  • The Creator benefits from a Superstar “badge” and highlighting on its Profile;
  • it is suggested by the search engine;
  • it can receive payouts via PayPal.
To obtain Superstar status, the Creator must meet the following conditions:
  • Connect regularly to the Platform;
  • Have a Certified Account;
  • Have a minimum of fifty (50) active Users throughout the month;
  • Post a minimum of two (2) Media in its Feed each week;
  • Respond to requests and deliver Private Media within forty-eight (48) hours on average.
The Creator is informed that Superstar status is assigned automatically on the 1st day of each month based on the statistics produced by the Platform for the previous month. Superstar status is acquired for a period of one (1) month after which it may be revoked if the criteria listed above are no longer met by the Creator. Superstar status may also be lost in the course of a month for any other breach of these GTS or the GTCU of the Platform. 5.2.3. Account Deletion
  • Voluntary deletion
The Creator may delete its Account at any time by clicking on the “Delete my account” link available on its Account and following the instructions on the Platform.
  • Deletion for inactivity
In the event of inactivity of the Creator Account for a period greater than eighteen (18) months, MYM may proceed with the deletion of the Creator Account. Inactivity is defined as the time that has elapsed since the last login to the Creator's Account. In the event of suspension of the Creator Account for any cause, including breach of these General Terms and Conditions, unresolved after a period of more than eighteen (18) months, MYM may proceed with the deletion of the Model Account.
  • Effects of deletion
Any deletion of the Account is in principle final, which the Creator expressly accepts and acknowledges. Deleting the Account will result in the suspension of all Subscriptions, Referrals and other Services associated with the Creator Account. Regarding Earnings not withdrawn at the time of account deletion, the Creator may claim the balance of its Account by writing to: support@mym.fans. Any pending Earnings will be validated within the deadlines specified herein. Once the Earnings are validated, MYM will pay them to the Creator.
ARTICLE 6. SERVICES By subscribing to the Services, the Creator may be referenced on the Platform and be put in contact with the Users for the sharing of Media in return for Earnings. 6.1. Intermediary Service 6.1.1. Account Access MYM undertakes to provide the Creator with a software architecture allowing it to benefit from an IT interface, its Account, from which it can:
  • Access its personal space;
  • Publish its Profile and Media;
  • Market all of its Media;
  • Have a number of tools and Services allowing it to optimise its commercial activity on the Platform;
  • Communicate with Users via Messaging;
  • Access all the features of the Platform.
Access to the Services implies the opening of an Account by means of Credentials. These Credentials are personal and confidential. They may only be changed at the request of the Creator or at the initiative of the Operator. In the event that a Creator becomes aware of another person's access to its Account or if the Creator has reason to believe that a person is fraudulently using its credentials, the Creator must inform MYM immediately by email to the following address: support@mym.fans. By express agreement between the Parties, any operation carried out by means of the Creator’s Credentials is deemed to originate from the Creator, who assumes sole responsibility and control. Furthermore, MYM shall not be liable in the event of the identity theft of the Creator. It is agreed between the Parties that any breach of this article may result in the automatic suspension of the Account. 6.1.2. Publication of the Profile In order to be referenced on the Platform, the Creator must be certified and then publish its Profile from its Account by providing the information requested by MYM relating in particular to:
  • Its profile picture;
  • Its biography;
  • The link to its social networks (Twitter, Instagram, Snapchat, TikTok, etc.);
  • Its conditions of Subscription (price, duration of commitment, etc.).
In the context of the publication of its Profile, the Creator undertakes to provide correct, complete and up-to-date information. In particular, the Creator undertakes to update its Profile regularly. Any identity theft may be prosecuted. 6.1.3. Publication of Media The Platform allows the Creator to publish Media under the conditions detailed below.
  • Type of Media
The Creator is solely responsible for the nature and content of the Media that it publishes on the Platform. The Creator is bound to comply with all regulations in force applicable to it, whether these relate to the pre-contractual information to be provided to Usersor the obligations related to its Profile. The Creator publishes the Media, its Profile and broadcasts its Lives under its sole responsibility.
In particular, the Creator is responsible for the compliance of the Content with the General Terms of Service, General Terms and Conditions Use, General Terms and Conditions of Sale, as well as with the legislation and regulations in force in France or abroad.
  • Media publication procedure
To publish Media on its Profile, the Creator must follow the following steps:
  • Register on the Platform;
  • Be certified;
  • Log in to its Account;
  • Go to the page https://creators.mym.fans;
  • Click on the “+” button;
  • If applicable, add a caption to the Media;
  • Select the category of Media it wants to publish:
    • Public Media: the Media will be freely accessible by any User;
    • Non-Public Media: the Media will only be accessible by Users who subscribe to a Subscription with the Creator concerned. The rest of the Users will have access to a blurred version of the Media;

The Creator may also publish Stories. In this case, the Creator may choose the Users it authorises to access its Story:
  • Users;
  • Former Users;
  • Interested Users;
  • Public.
Finally, the Creator may solicit the categories of Users of its choice by spontaneously offering them Push Media, via Messaging.
  • Referencing Profiles and Content
The criteria for listing and ranking Creators, as well as the Media presented on the News Feed are, in accordance with the applicable regulations, detailed in a dedicated section on the Platform and/or in the GTCS. In this case, on the Newsfeed, the following Media are first 2/3 presented, in chronological order:
  • the Private and Public Media of the Creators to which they subscribe;
  • the Public Media of the Creators to which the User has previously been Subscribed;
  • The Public Media of Creators for which the User can be considered an Interested User, since they:
    • clicked on the button to subscribe to this Creator without proceeding to make payment;
    • placed one of the Creator's Media in their Bookmarks;
    • “liked” Media from this Creator;
    • chose to “follow” this Creator from their Profile page.
The last 1/3 of the Media presented to the User consists of the Creators "suggested" by MYM, which correspond to the interests and tastes of the User. The logic behind this hierarchy is to favour the User’s interests and tastes, while allowing them to discover new Creators. This ranking also allows Creators referenced on MYM to maximise their turnover by expanding their own community. The User may enter keywords in the Platform's search engine to search for Creators. Searching for Content by describing word does not exist. Only Creators with “SuperStar” status may be suggested to the User beyond their search. MYM may highlight some Creators, either on its home page or in the Feed. This “promotion” may be motivated either by an editorial choice, involving, for example, highlighting a particular type of creator within a certain period of time; or through a commercial partnership. In the latter case, the User will be informed of the fact that the Creator benefits from preferential listing through a specific sign on its Profile and near its name. Finally, MYM grants specific treatment to certain Creators, in this case Superstars, who benefit from lower Commissions from MYM, highlighting of their special status through a badge on their Profile, a promotion in the search engine and the possibility of benefiting from certain means of payment. It is specified that Creators with Superstar status can be found more easily in searches. For more information on Superstar status, Users are invited to visit the Support Website. Users will be notified of a creator's SuperStar status by means of a specific sign. 6.1.4.Broadcast of Lives The Creator may broadcast Lives on the Platform for:
  • Users who will be automatically invited to all the Lives broadcast by the Creator, if necessary in return for the purchase of a Ticket;
  • Former Users or Interested Users who may be invited to participate in the Live by the Creator, if necessary in return for the purchase of a Ticket.
Once logged in to its Account, the Creator will have the option to schedule a Live and/or broadcast it by clicking on the "+" button. The Creator may choose to activate or deactivate the Chat. In the context of the use of the Chat, the Creator will have the possibility to:
  • Mute the Users of its choice;
  • Exclude the Users of its choice from the Chat.
6.1.5. Private Media Requests Users may request from the Creator the communication of Private Media corresponding to the Specifications of their choice, in particular with regard to:
  • The format of the Media (photo, video, etc.);
  • The content of the Media.
In the event of a request for communication of Private Media, the Creator:
  • Will be notified by Messaging of the User's request for Private Media;
  • Will be able to access the Private Media request via the "My Messages" section on the Platform.
The Creator may, at its sole discretion:
  • Deny the Private Media request;
  • Ignore the Private Media request;
  • Offer the User a Sale Price for the Private Media by confirming all or part of the Specifications.
The Creator shall determine the Sale Price of the Private Media under its sole responsibility. If the User accepts the Creator's proposal, they will be invited to proceed with the payment of the Sale Price via the Platform. The Creator shall transmit the Private Media to the User through the Platform within seventy-two (72) hours of payment of the Sale Price by the User. It is specified that the Creator will be free to communicate any Media already in its possession meeting the Specifications of the User, or to proceed to the creation of the Media for the purposes of the Order placed by the User on the Platform. The Creator undertakes that the Private Media will not be the subject of any other free public broadcast by it, by any means whatsoever, or in any medium. The Creator undertakes to make the Private Media available to the User only through the Platform to the exclusion of any other communication channel or medium whatsoever. In the event of delay in the communication of the Private Media, or a dispute relating to the nature of the Private Media (non-compliance with the Specifications), MYM may refund the Subscribed User. Non-compliance relating to the following may constitute non-compliance of the Private Media with the User's Specifications:
  • The format of the Media;
  • Its contents.
In the event of the User formulating a dispute relating to an alleged inadequacy of the Private Media with its Specifications, it must indicate the lack of compliance precisely. 6.1.6. Pricing The Sale Price is freely defined by the Creator, in compliance with the laws and regulations in force. The Creator publishes the prices in a format excluding tax. The fees charged by MYM, as well as the Bank Charges, will be deducted from the Price defined by the Creator. Thus, at the time of determining the Subscription Price and the Sale Price and by the same its Earnings, the Creator shall anticipate (and, where applicable, integrate) the payment of the Bank Charges and the MYM Commission in accordance with the present and the Price Schedule Appendix. In the same way, the VAT applicable to the Order will be automatically applied at the time of ordering, depending on the country entered by the User at the time of purchase. 6.1.7. Tips
Users may pay Tips to the Creator through the Platform. MYM will receive a Commission and Bank Charges on the Tips, which are treated as the Media Price. 6.1.8. Promo Codes
There are two types of Promotion Code that can alternatively be issued either by MYM or by the Creator. When the Promo Code is issued by MYM, the discount granted is deducted from the Operator's Commission or, if it exceeds the amount of the Commission, is subject to a refund from MYM to the Creator. It therefore has, in this case, no impact on the Creator's Earnings. When the Promo Code is issued by the Creator, the Creator chooses all the parameters of the Promo Code, namely the amount in absolute value or as a percentage of the Price; the maximum number of uses; the eligible Media; and the period of validity.
The MYM Commission and the Bank Charges are applicable to the Price, less the Promo Code. 6.1.9. Terms of Subscription and Sale With MYM acting as an online platform operator, the Creator is solely responsible for:
  • the execution, by it, of the sale of Media, governed by the Platform's GTCS;
  • the content of the Media and Content published on the Platform, which the Operator is not technically or legally able to control systematically.
Subscription to Subscriptions and the Purchase of Media are governed by the Platform's GTCS accessible at this address: https://mym.fans/app/terms-of-sale and in the Appendix, the Creator confirms that it has read and accepts them without reservation. It thus confirms that the sales policy put in place by MYM is fully consistent with its own sales methods. 6.1.10. Profile dereferencing The Creator may choose to dereference its Profile from the Platform's home page as well as the search engine integrated into the Platform. 6.2. Referral Service
The Creator may refer other Creators or Users under the conditions provided for in the General Terms and Conditions of Referral accessible on the Platform or on request from: support@mym.fans. 6.3. Payment Services
Payment Services enabling the Creator to collect Earnings are provided by Payment Service Providers (PSP). To be eligible for Payment Services, the Creator must accept the terms and conditions of the PSPs. It is understood between the Parties that these GTS and the terms and conditions of the PSP are interdependent contracts. Thus, MYM may freely, automatically and without delay, terminate this Contract in the event that the PSP terminates its contractual relations with the Creator. The provision of Payment Services is essential to the overall Service and gives rise to the payment of Bank Charges. 6.4. Use of data from the Platform MYM will have access to data from all transactions carried out through the Platform. In this case, MYM will mainly have access to all the information provided by the Creator's Account (number of subscribers and former subscribers, interested Users, Push Media, Private Push Media, Lives, requests for Private Media, Creators referred, transactional data, turnover, payouts, etc.). This data will be used by MYM to compile statistics on the use of the Platform and will not be transferred to any third party company. Each Creator will have access, via its Account, to all the data related to its activity on the Platform. ARTICLE 7. CLAIMS / DISPUTES BETWEEN THE CREATOR AND USERS In any event, the Creator remains responsible for the execution of the transaction (provision of Media in accordance with the information provided to the User and the GTCS) and the content of the Media. The Creator, by using the Platform to share Media, acknowledges that it also engages the brand image of MYM. The Creator therefore acknowledges that its actions, which do not comply with all the obligations stipulated in this Contract, may have a detrimental effect on MYM. Any User will have the option to lodge a complaint directly with the Creator via their Account. MYM is mandated by the Creator to handle disputes and other User complaints. MYM will make its best efforts to reach an amicable solution that does not involve refunding the User. However, if a refund was the only possible solution given the common interests of MYM and the Creator, then MYM may freely and arbitrarily decide to refund the User. The Creator therefore expressly mandates MYM to process and arbitrate any disputes and unilaterally decide on the amicable solution to be proposed to the User. MYM's decision shall be final and may not in any way engage the liability of MYM in any way whatsoever and whatever the solution chosen by MYM. ARTICLE 8. FINANCIAL TERMS 8.1. Deduction of the MYM Commission and Bank Charges 8.1.1. Commissions Subject to any derogation conditions agreed between the Parties, the subscription to the various Services gives rise to detailed financial terms and conditions in Appendix 1. Subscription to the Services is invoiced by means of a Commission equivalent to a percentage of the Sale Price or the Tip, from which the Bank Charges are deducted beforehand (themselves calculated on the price including tax). This percentage is determined in the Price Schedule Appendix, or where applicable in the Special Terms. The Creator expressly agrees that the Commission will be automatically debited on the sums paid by Users. Thus, regardless of the legal rules of set-off, the Creator expressly agrees that the sums owed by it in respect of the Services shall be set off against the sums to be paid to the Creator. If the protected funds do not allow the payment of the sums due by the Creator, MYM will attempt to deduct the amount of the Commission remaining due on each new Order In the event that the Creator does not receive any Earnings, making it impossible to pay the Commission through the restricted funds, the Creator must pay the invoices due by any other means at its disposal, within the aforementioned timeframe. In the event of default or late payment, the late payment penalties shall be calculated as follows: Late payment penalties = (amount incl. tax of the invoice x Applicable Legal Rate for the semester) X (number of days of late payment in the semester / 365). The Applicable Legal Rate shall be the rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. Late payment penalties shall be due on the day following the payment date appearing on the invoice, without any formal notice having to be sent in advance. Any Creator in a situation of late payment is automatically liable to pay MYM fixed compensation for recovery costs in the amount of €40. When the recovery costs incurred are higher than the amount of this fixed compensation, MYM may request additional compensation upon the presentation of receipts. In addition to late payment penalties, non-payment may result in a suspension of the Services until full payment of the sums due. 8.1.2. Bank Charges Bank Charges will be applied to any transaction carried out via the Platform. Bank Charges are linked to the cost of Payment Service Providers and to the cost incurred, within the Operator, by the management of financial transactions and any associated fraud. The rate of these Bank Charges is set according to the content of the fraud risk associated with the type of Media proposed by the Creator. The amounts of the Bank Charges are indicated in the Price Schedule Appendix. The Creator expressly acknowledges that the level of risk associated with Media types (High Risk or Low Risk) is freely defined by MYM, in consultation with its Payment Service Providers. Only the content of the Media proposed by the Creator may influence the amount of the associated Bank Charges. 8.2. Payout of Earnings to the Creator 8.2.1. Validation of Earnings The Creator's actual Earnings will therefore consist of the Tax Free Price, from which are deducted the Bank Charges (calculated on the amount of the Order excluding tax) then the MYM Commission, (calculated on the Tax Free Price, minus the Bank Charges). To calculate its Earnings, the Creator may refer to the Support Website and more particularly to this address: https://support.mym.fans/hc/fr/articles/360013830319-Quelles-sont-les-commissions-MYM-#exemple-de-calcul-de-reversement-0-3. For example, for a Creator and a User resident in France, paying 100 euros for a Media, with a Bank Charges at 7% and a Commission at 20%: Amount paid by the User: 100 euros + 20% VAT = 120 euros Bank Charges: 120 euros * 7% = 8.4 euros Calculation of Earnings: (100 euros - 8.4) * 80% = 73.28 euros Earnings are validated within the following deadlines:
Type of Earnings Validation period after payment by the User
Sale of Private Media, Push Media, Live Tickets and Tips 7 days
Monthly subscription 15 days
Half-yearly subscription 60 days
8.2.2. Visualisation of Earnings The total amount of Earnings is displayed on the next page in their Account, and is accessible from the home page by clicking on the "€" icon. It is specified that this page indicates:
  • Validated Earnings,
  • Earnings awaiting validation.
8.2.3. Payout of Earnings To withdraw the Earnings, the Creator shall:
  • Have a certified Account;
  • Have added a means of depositing Earnings into its Account;
  • Have at least fifty (50) euros (or equivalent in another currency) in validated Earnings;
  • For Creators who are professionals, have sent a valid and legally compliant invoice to MYM, via its Account.
If the Creator meets the above criteria, it can choose the frequency of payment of its Winnings directly into its Account. It is specified that weekends and public holidays are likely to affect the frequency of payout of Earnings. Finally, the Creator is informed that the payout period of Earnings may be extended to two (2) months from the payment by the User in the event of suspicion of fraud. 8.2.4. Earnings in the event of fraud or refund of the User When a transaction is reported as fraudulent by a Payment Service Provider or a refund is decided, MYM does not deduct any Bank Charges or Commission from the amounts refunded to the User. However, MYM supports the risk of fraud within the limit of 1% of the Creator's overall turnover on the Platform. Beyond this, the Creator will be solely responsible for the consequences of fraud and refunds granted to the User, even if these are decided unilaterally by MYM. 8.2.5. Refund of Earnings in the event of a claim The Creator expressly declares that he/she will remain in any case responsible for the reimbursement of a User or a Subscriber in all cases where the latter would be entitled to a reimbursement, and in particular : - closure of his Account by the Creator before the end of the Subscriber's subscription period; - closure of the Creator's Account by the Operator; - sale of Media not in compliance herewith. The Creator authorizes the Operator in advance to reimburse Subscribers who make a legitimate request for reimbursement using the funds available in its kitty. If his money on the Platform is not sufficient, Creator agrees to promptly reimburse Operator for any advances potentially made. 8.3. Tax and Social Security obligations The Creator is responsible for its compliance with the tax and social security standards in force. As such, it is up to the Creator to decide whether or not to act in a professional capacity, and to declare its earnings to the competent authorities. For further information, the Creator is invited to refer to Appendix 2 concerning its tax and social security obligations. In the event of a tax adjustment, or even tax evasion by the Creator, the Operator may in no case be held liable in any way whatsoever. 8.4. Donations to charities The Creator has the possibility, when creating its account, to choose a charity to which it would like to donate a part of its earnings. It is understood that while MYM encourages the Creator to pay part of these earnings to this type of charitable initiation, MYM does not intervene in the payment of the sums to them so that the Creator will be solely responsible for respecting the commitments made both with regard to Users and charities. The Creator therefore undertakes to pay to the chosen charity, without the assistance of MYM, the percentage of its commissions that it has committed to pay. MYM may not under any circumstances be held liable for a Creator who does not ultimately pay the share of its Commissions to be donated to the charity. ARTICLE 9. OBLIGATIONS OF MYM MYM undertakes to perform the Services in compliance with the rules applicable with regard to the subject matter of the Contract, as these rules result from state of the art, European standards, laws, decrees, orders and national, local or professional legislative, regulatory or administrative texts. It is expressly agreed between the Parties that the Operator is subject to a general obligation of means and that it is not bound by any obligation of result or reinforced means of any kind. 9.1 Hosting - Availability MYM undertakes to use all means to make the Platform accessible 24 hours a day, 7 days a week for all Users, except in the event of force majeure or an event beyond the control of MYM and subject to any breakdowns or maintenance operations necessary for the proper functioning of the Platform. However, MYM cannot be held responsible for disturbances, interruptions and anomalies which are not its fault and which may affect, for example, transmissions over the Internet and more generally over the communication network, whatever the scale and duration thereof. It is further specified that MYM reserves the right, without prior notice or compensation, to temporarily interrupt access to the Platform or to suspend all or part of the Services for maintenance reasons, for the improvement and installation of new features, for the audit of proper operation or in the event of malfunction or threat of malfunction. The Creators are responsible for setting up the IT and telecommunications means allowing access to the Platform. The Creators remain responsible for the telecommunication costs when accessing the Internet and using the Platform.
ARTICLE 10. OBLIGATIONS OF THE CREATOR 10.1. General obligations In addition to the obligations detailed herein, the Creator also undertakes to take care of its relationship with the Users and Users of the Platform. As such, the Creator undertakes to adopt a courteous and respectful communication with Users and to use all means to respond to them as soon as possible. As a publisher within the meaning of French regulations and case law, the Creator is solely responsible for its Lives, the Content on its Profile and Feed, as well as any Media communicated to a User. As such, it is responsible for any litigation and legal proceedings relating to the Media published or broadcast by it on the Platform. In no event may MYM be held liable in the event of a violation of the rights of third parties or, by way of example, in the event of errors or omissions. Where applicable, the Creator acknowledges that it holds all necessary authorisations to be able to publish or broadcast the Media on the Platform. In order to enable MYM to perform the Services under the best conditions, the Creator undertakes to:
  • Be honest and sincere in the information provided to MYM;
  • Behave fairly and honestly with the Operator;
  • Ensure the maintenance of all authorisations necessary for its registration on the Platform and the publication of the Media;
  • Log in regularly to its Account to ensure the follow-up of Private Media Requests or Private Media Viewing Requests;
  • Provide all documents and information in its possession and useful for the performance of the Services and keep them updated;
  • Regularly update and maintain its Profile;
  • Ensure that the information provided to the User for the purposes of the Services is complete, correct and up-to-date and is not misleading;
  • Own the intellectual property rights or any authorisation required on all the Content, information and documents transmitted (including authorisations related to the use of the image of persons appearing in the Content) ;
  • Perform a regular backup of its Content and data;
  • Cooperate with MYM to the extent required, without its intervention being classified as interference;
  • Comply with its social security and tax obligations as described in the Appendix hereto;

In any event, each Creator has the obligation to:
  • Not disseminate any illegal Media on the Platform;
  • Not provide its contact details to other Users, in particular for the purpose of allowing a physical meeting;
  • Not engage directly with Users to share Lives, Non-Public, Private and Push Media outside the Platform;
  • Not disseminate any content, data, information, and where applicable, not publish Content contrary to morality or public order;
  • Not divert the purpose of the Platform to divert Users to its website or to commit crimes, offences or contraventions punishable by the French Criminal Code or by any other law;
  • Respect the privacy of third parties and the confidentiality of exchanges with MYM;
  • Not seek to undermine within the meaning of Articles 323-1 et seq. of the French Criminal Code the automated data processing systems implemented for the operation of the Platform;
  • Not violate or attempt to violate the security or integrity of the Platform, communicate any misleading information or use the information for unlawful purposes;
  • Not publish any defamatory or insulting statements;
  • Respect the Operator’s status as producer of databases by not carrying out a substantial extraction of the content of the Platform.
10.2. Obligations relating to the Media The Creator acknowledges that the Media are broadcast or published on the Platform under its sole responsibility and full control. The Creator undertakes not to broadcast any Media that breaches public order and morality or violates the laws and regulations in force. In particular, the Creator warrants that he has received the consent of any person appearing on the Media to:
  • Appear on the Media;
  • Communicate the Media to Users and/or Users;
  • Publish the Media on the Platform;
  • Allow the download of the Media on the Platform.
The Creator undertakes to verify the age of each person appearing on the Media and in particular to ensure that each of them is of age, which the Creator must be able to demonstrate on first request. The Creator expressly authorises MYM to act in its name and on its behalf to request the deletion of Media that would be broadcast without its consent on other websites, media or platforms. ARTICLE 11. FIGHT AGAINST CYBER THREATS MYM attaches particular importance to the fight against cyber threats and in particular cyber pimping. As such, MYM has put in place specific mechanisms, which are described on the "Cyberprotection & Support" tab available on the Platform at the following address: https://support.mym.fans/hc/fr/articles/4801356793500-Cyberprotection-accompagnement#1-mym-accompagne-tous-les-utilisateurs-0-0 In order to combat these threats, MYM is in particular putting in place:
  • A system for de-anonymising Users, to be able to provide support to the police if necessary and to be able to hold all Users accountable;
  • An enhanced identification procedure for all Users;
  • IT moderation of the Media and interactions between users using artificial intelligence tools that respect the applicable legal framework and MYM’s status as host;
  • Tools for verifying the age of Users in the event of access to Media reserved for adults given their potentially erotic or pornographic nature.
ARTICLE 12. INTELLECTUAL PROPERTY AND COMMUNICATION 12.1 - MYM property The Creator acknowledges the intellectual property rights of MYM (including its rights as a database producer) on the Platform, its components and the related content and waives any challenge to these rights in any form whatsoever. As such, MYM reserves the right to freely incorporate the statistical data resulting from the Creator's activity on the Platform into its general database. The content on the Platform - with the exception of the Creator’s Content not included in the scope of the license - is the exclusive intellectual property of the Operator and/or its partners and may not be reproduced, used or represented without the express authorisation of the Operator under penalty of legal action. To this end, and where necessary, it is specified that it is strictly forbidden for Creators to:
  • Reproduce, copy and/or represent, all or part of the Platform;
  • Translate, adapt, modify or create works derived from all or part of the Platform;
  • Decompile, disassemble or reverse engineer all or part of the Platform;
  • Distribute, broadcast, sell, rent or loan or otherwise exploit all or part of the Platform.
Any total or partial representation of the Platform and its contents, by any process whatsoever, without the express prior authorisation of the Operator is prohibited and will give rise to legal proceedings. In particular, as a database producer, the Operator expressly prohibits:
  • The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content its database on another medium, by any means and in any form whatsoever;
  • The reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content its database on another medium, by any means and in any form whatsoever;
  • The reproduction, extraction or reuse, by any means, including methods equivalent to the scrapping of the content (photographs, description, etc.) published by the Operator.
12.2 - Licence to use the Platform By this Contract, MYM grants to the Creator a non-exclusive license to use the Platform and the associated software solution. It is specified that this license is non-transferable and cannot be considered as a transfer of ownership of any kind in favour of the Creator. The latter shall therefore refrain from assigning, exchanging, lending, leasing or granting to a third party, even free of charge, any right of use conferred by this Contract. This license is granted for the entire world, for the entire duration of this Contract, in consideration of the payment by the Creator of the price of the Services as provided above. In addition, it is recalled that any use not in accordance with the license is subject to legal proceedings. 12.3 - Creator Property 12.3.1. Ownership of Media In any event, the Creator shall at all times remain the owner of the intellectual property rights relating to its Media. This Contract does not entail a transfer of ownership with the exception of the use and exploitation licenses granted below. The Creator declares that it holds all intellectual property rights to the Content published on the Platform. The Creator declares that said Content does not in any way infringe the rights of third parties, in particular that it does not constitute an infringement or an act of unfair or parasitic competition of a pre-existing work and that it does not in any way infringe the image or intellectual property rights of third parties. With a view to the performance of this Contract, the Creator assigns a non-exclusive license to the Operator, to use, reproduce, represent, adapt, market, exploit and more generally make available to the public, its Content, its image and, where applicable, its distinctive signs, with a view to the performance of this Contract and any associated contract. This license will be valid for the term of this Contract and worldwide. MYM will thus be able to use, for the purposes of promoting the Platform, the Content, image and distinctive signs of the Creator in all media, which may include in particular: the Platform, television, radio, social networks and any digital medium, whatever its nature. This license is valid throughout the term of the Contract.

The Parties agree that the Earnings received by the Creator and in general the distribution of revenues from the sale of the Media include the cost of intellectual property licenses. This license does not imply any right to sub-license to any third party (with the exception of the rights granted to the User in connection with the Orders). The Operator cannot, however, be held liable for the copying of the Content by any Internet user browsing the Platform who violates its General Terms and Conditions of Use. The Creator guarantees the peaceful enjoyment of the rights granted under this license. In particular, the Creator guarantees MYM against any actions, claims or remedies of any kind whatsoever brought by third parties against MYM in respect of the Media. The Creator acknowledges that MYM may seek compensation from it in this respect. 12.3.2. Request to block or remove Content In accordance with the “Liability” article below, the Operator, as media host, will act promptly in the event that any User, including the Creator, notifies it of the unlawfulness of a Media or the fact that the latter infringes the rights of a third party, including those of a Creator. For any request related to Content and its possible blocking, the Creator is invited either to “report” content via the ellipsis icon at the top right of said Media, or to contact MYM via this contact form: https://support.mym.fans/hc/en/requests/new?ticket_form_id=360000525380. Before making any report, Creators are invited to refer to the French Intellectual Property Code which recalls the legal criteria for the “legitimate” use of Media by a Creator. These exceptions, presented in Article L.122-5 of the French Intellectual Property Code, including the right to make private copies and/or to represent the Media in the family circle, are presented on the Support Website. In the event of notification, the Operator undertakes to have a verification of the content carried out by a natural person and then to put in place the process detailed in the article “Liability” below, including, where appropriate, an adversarial procedure with the person behind the illegal Content as well as the putting in place of tools to prevent the actual illegal Content from being uploaded again in the future. 12.4 Communication
Users undertake not to use, on the Platform or on any other website or social network of any kind whatsoever, the distinctive signs of MYM, including the name "MYM", in particular in the form of a hashtag in direct or indirect relation with erotic, pornographic or illicit content. ARTICLE 13. PERSONAL DATA Each of the Parties warrants to the other Party that it complies with the legal and regulatory obligations incumbent on it based on its role in the protection of personal data. 13.1 - Concerning the processing carried out by MYM All the information relating to the processing of personal data carried out by the Operator is described in the Privacy Policy accessible here: https://mym.fans/app/privacy 13.2 - Concerning the processing carried out by a professional Creator The Creator may be required to collect and process the personal data of the Users or other Users in the context of the provision of the Media. As such, the Creator guarantees that it processes this data in compliance with the rights and obligations arising from the French Data Protection Act and the GDPR. The Creator will be responsible for the processing of the personal data of Users and Users for the purposes of managing the relationship with Users and managing Orders. To the extent that MYM and the Creator independently determine the terms and purposes of the processing, the Parties are considered to be separate data controllers. As such, the Parties expressly agree that the Creator, as the data controller referred to above, will use all means in its possession to ensure the security and confidentiality of the personal data entrusted to it. ARTICLE 14. LIABILITY 14.1 - General principles The Creator may engage MYM's liability as soon as it has previously notified the alleged breach by registered letter with acknowledgement of receipt and MYM has not replied within thirty (30 ) days of receipt of this formal notice. In any event, it is recalled that the liability of MYM may only be sought in the event of proven fault. MYM will be automatically released from any commitment and any liability:
  • In the event of force majeure as defined by applicable case law;
  • In the event of unavailability of the Services or the Platform attributable to a third party;
  • In the event of unlawful access by a third party to the Operator's information system;
  • In the event of non-payment by the User;
  • In the event of a breach hereof by the Creator or of the General Terms and Conditions of Use by the User.
The Creator hereby acknowledges that MYM cannot be held liable in the event of malfunctions or interruptions of the transmission networks or computer equipment of the User of the Platform. MYM thus declines all liability in the event of loss of data, intrusions, viruses, breaks in service or other problems unrelated to the Operator. In no event may MYM be held liable, regardless of the type of action brought, for indirect damage of any kind, for example, and without the list being exhaustive, for any financial or commercial loss, loss of profit, commercial disruption, loss of earnings, loss of a third party, or action brought by a third party against the Creator as well as their consequences, related hereto or to the performance hereof. The Creator is solely liable for any loss, direct or indirect, material or immaterial caused by itself or any of its agents to MYM or to third parties as a result of its use of the Services. In any event, it is expressly agreed between the Parties that if the liability of MYM was retained in the context of the performance of this Contract, it would be limited to all direct damages and all claims combined, to the sums paid by the Creator to MYM (as payment for the Services) during the last three (3) months maximum. It is expressly agreed between the Parties that the provisions of this clause shall continue to apply even in the event of termination hereof established by a court decision that has become final. 14.2 - On the responsibility of the Operator in its capacity as simple host The Creator hereby acknowledges that the Operator is the host of the Content. No general obligation to monitor the information they transmit or store, nor actively to seek facts or circumstances indicating illegal activity, shall be imposed on intermediary service providers such as the Operator. As such, the Operator reserves the right to withdraw any content published on the Platform that has been notified to it and that it may consider as manifestly unlawful within the meaning of Article 6 I 2° of the Law of 21 June 2004 for trust in the digital economy known as LCEN, and suspend the performance of the Services under the conditions provided below. In the event of such a notification, the Operator will carry out the usual checks and, if necessary, will initiate an adversarial debate with the User at the origin of the allegedly illicit Content. However, if the Operator receives an order to act against specific illegal Content, issued by the relevant national judicial or administrative authorities, on the basis of national or European Union law, the Operator shall inform the authority issuing the order of the effect given to the order, without undue delay, specifying the action taken and the moment when the action was taken. 14.3 - On the responsibility of the Creator in its capacity as publisher of the Profile and the Listings The Operator may not be held liable in any way in the event of copying, counterfeiting, imitation and generally of any reproduction and representation of all or part of the data and Content published by the Creator. To this end, the Creator guarantees the Operator against any recourse or actions that could be brought in any capacity whatsoever by any third party. ARTICLE 15. DURATION OF CONTRACT - TERMINATION 15.1 - Term This Contract is entered into for an indefinite term from the date of its signature. 15.2 - Suspension and termination assumptions
  1. Suspension
In the event of a continuous, or even repeated, violation of these provisions , or of the laws and regulations in force, as well as, if there is an urgent need to put an end to the actions observed, MYM may automatically suspend the Creator's Account, without compensation for the benefit of the Creator, provided that it has transmitted to it on a durable medium, the statement of reasons at the time the suspension takes effect. MYM may suspend the referencing of the Creator on the Platform and the possibility for the Creator to publish Media and, more generally, Media on the Platform so that it regularises the breaches identified within thirty (30) days from receipt of the aforementioned durable medium. At the end of this period, if the Creator has not corrected the various breaches, MYM may terminate this Contract and delete its Account. Any suspension of the Account shall result in the inability to receive income and other Earnings related to the Account, throughout the period of suspension.
  1. Termination following a suspension
Any suspension may lead to termination if the Creator does not provide a satisfactory response to the grievances notified to it within thirty (30) days of the first day of suspension of the Services. MYM must give the reasons for this decision to terminate with regard to the grievances complained of by specifying precisely the articles and/or obligations for which the Creator is accused of non-compliance .
  1. Suspension or termination for breach
In the event of a serious or repeated breach by one Party of at least one of its obligations hereunder, and more particularly in the event of a repeated or prolonged breach of this Contract, the Contract may be terminated by the other Party. In particular, the following are regarded as cases which may give rise to the right to a suspension, or even to a termination:
  • any reasonable suspicion of fraud (banking or identity theft);
  • any judicial requisition received relating to the actions of the Creator;
  • any invitation to a User to use another competing platform of MYM;
  • any invitation to a User to carry out illicit transactions;
  • any infringement of the intellectual property rights or image rights of a third party;
  • any attitude disparaging the Operator;
  • any request for a physical meeting with a User;
  • any insult or abuse directed against a User;
  • the accumulation of several warnings over a period of less than three (3) months.
It is expressly agreed that this termination will take place automatically, thirty (30) days after (i) the sending of a formal notice to perform, having remained ineffective or after (ii) the period granted in connection with a suspension procedure. The formal notice, which must imperatively indicate the alleged grievances and the obligations for which non-compliance is alleged, will be notified by registered letter with acknowledgement of receipt.
  1. Termination for convenience
The Creator shall have the option to terminate this Contract at any time by deleting its Account as provided herein. 15.3 - Consequences of termination Any termination, resolution or cancellation of the Contract automatically results in the dereferencing of the Creator's Profile, the deletion of its Account as well as the cancellation of access to the various Services offered to the Creator. The Confidentiality and Personal Data articles will remain in force in the event of termination hereof and for an additional period of two (2) years unless expressly stipulated or otherwise provided by law or regulation. Users may continue to have access to the Private Media ordered until their Account is closed. On the other hand, due to the closing of the Creator's Account, Users who have subscribed to a Subscription will no longer be able to access the Creator's Feed and therefore his Media. The Creator shall therefore be obliged to reimburse the Subscribers who request it. In this regard, the Creator authorizes the Operator in advance to proceed with the refund of any Subscriber. In the event that the Creator's kitty does not allow for the reimbursement of Subscribers, the Creator undertakes to reimburse the Operator without delay for any advance made on its behalf.

ARTICLE 16. ASSISTANCE - SUPPORT For any questions relating to the use of the Platform, the Creator is invited, in the first instance, to consult the Support section of the Platform available at: https://support.mym.fans/hc/fr. Any Creator can contact MYM by writing an email to the following address: support@mym.fans. Any Creator may file a complaint with MYM relating to:
  • An alleged breach by MYM that affects the Creator's ability to use the Platform;
  • Technological issues directly related to the provision of the Services that affect the Creator;
  • The measures taken by the Operator or its behaviour directly related to the provision of the Services.
ARTICLE 17. CONFIDENTIALITY Each Party undertakes to use the Confidential Information, directly or indirectly, in whole or in part, only for the strict performance of this Contract. Any well-founded disclosure may engage the liability of its author, whatever the cause of the disclosure. The confidentiality obligations stipulated in this clause do not apply to all or any part of the Confidential Information to the extent that:
  1. It was lawfully in the possession of the receiving party prior to its disclosure;
  2. It has been lawfully disclosed to the receiving party by a third party without disclosure restriction;
  3. It is subject to a legal obligation of disclosure by any competent court, authority or administration.
This confidentiality clause shall be maintained at the expiration of the Contract until the Confidential Information passes into the public domain other than by an infringement of the receiving party. In addition, the Operator undertakes to ensure the complete confidentiality of all data (personal and non-personal) of the Creators. The only exception to this obligation of confidentiality will be compliance with requests made in the context of judicial inquiries. ARTICLE 18. GENERAL PROVISIONS If any of the provisions of this Contract were to be null and void under any applicable law or regulation and/or a court decision having the force of res judicata, they shall be deemed unwritten but shall not affect the validity of the other provisions which shall remain fully applicable. In such a case, however, and in order to prevent the GTS from surviving in a truncated and/or inconsistent form, MYM undertakes to include herein a new provision tending to reproduce the economy in the initial clause, in accordance with the applicable legal and regulatory provisions and as soon as possible. Any such modification or decision does not authorise the Creators to disregard these GTS. Each Party is independent of the other, whether from a legal or financial point of view. Thus, each Party shall act in its own name and under its sole responsibility. This Contract excludes any relationship of subordination or desire to create a de facto company between the Parties. Nevertheless, each of the Parties undertakes to behave at all times as a loyal partner and to act in good faith and, in particular, to inform the other Party immediately of any dispute or difficulty potentially encountered in connection with the performance of this Contract. ARTICLE 19. APPLICABLE LAW, DISPUTE MANAGEMENT PROCEDURE 19.1. Internal complaints handling system In the event of any dispute or claim relating to this Contract, the Creator is invited to contact MYM's internal complaints handling system. To this end, the Operator has set up a support system allowing the Creator to contact the Operator's dedicated service in the event of difficulty: legal@mym.fans. This system allows the Creator to file complaints directly with the Operator's legal department concerning, in particular, a breach by MYM of any legal obligation, under the conditions set out in this Contract, to questions relating to the provision of Services. The legal department will then be contacted and will act as impartially as possible, it being understood that the relationship between the Operator and the Creator is usually managed by another department of the company.
The Internal Dispute Management Department undertakes to set up an “adversarial procedure to hear the Creator's arguments and to respond to the Creator's requests within a reasonable time in view in particular of the importance of the request and at the latest, within thirty (30) days of receipt of the request. The Parties shall attempt to settle amicably all disputes relating to the negotiation, validity, interpretation, performance or non-performance, interruption or termination of this Contract and more generally to the commercial relationship between the Parties. If no amicable agreement can be reached, then an impartial mediation procedure, conducted in a spirit of fairness and good faith in order to reach an amicable agreement upon the occurrence of any dispute relating to this Contract, including its validity, will be offered. 19.2. Mediation procedure or competent court
  • Cases where the Creator is a consumer
In accordance with Articles L611-1 et seq. and R612-1 et seq. of the French Consumer Code, it is provided that for any dispute of a contractual nature relating to the performance of the sales contract and/or the provision of services that could not be resolved in the context of a complaint previously submitted to MYM, the Consumer may have recourse to mediation free of charge. The Party wishing to implement the mediation process must first inform the other Party by registered letter with acknowledgement of receipt, indicating the elements of the conflict. As mediation is not mandatory, the Creator or MYM may withdraw from the process at any time. It will contact: 1/ The National Association of Mediators (ANM):
  • by writing to 62 rue Tiquetonne 75002 PARIS, France
  • by email by filling in the online referral form at the following address: www.anm-conso.com.
In any event, the User is informed that recourse to a mediator, or any form of amicable resolution of any dispute is not mandatory, that they may terminate it at any time, and that this does not deprive them of the right to bring legal action. IN THE EVENT THAT MEDIATION FAILS OR IS NOT CONTEMPLATED, THE DISPUTE THAT MAY HAVE GIVEN RISE TO MEDIATION SHALL BE REFERRED TO THE COMPETENT COURT.
  • Cases where the Creator is a professional
It will contact, according to its choice: 1/ The National Association of Mediators (ANM):
  • by writing to 62 rue Tiquetonne 75002 PARIS, France
  • by email by filling in the online referral form at the following address: www.anm-conso.com
or 2/ The Paris Mediation and Arbitration Centre (CMAP):
  • by writing to: CMAP- 39 avenue Franklin Delano Roosevelt - 75008 PARIS, France
  • By email: cmap@cmap.fr,
The Parties shall attempt to settle any dispute arising between them with respect to the interpretation, performance or termination of this Contract amicably. FAILING AMICABLE AGREEMENT WITHIN ONE (1) MONTH FROM THE REFERRAL TO ONE OF THE PARTIES, THE DISPUTE MAY BE SUBMITTED TO THE COURTS WITHIN THE JURISDICTION OF THE COURT OF APPEAL OF PARIS, WHICH ARE EXPRESSLY GRANTED JURISDICTION, NOTWITHSTANDING SEVERAL DEFENDANTS OR A GUARANTEE APPEAL, INCLUDING FOR EMERGENCY OR PRECAUTIONARY PROCEEDINGS, REMANDED OR BY REQUEST. * * * .
Appendix 1 - Financial Terms and Conditions The Creator undertakes to pay the Price of the Services as set out below.
  1. Service:
    1. Bank Charges
Bank charges represent 3.5 or 7% of the amount of a transaction (including taxes) depending on the risk associated with the Content offered. Creator Accounts classified as “High Risk” (adult or sexy content, linked to a regulated activity) give rise to bank charges of 7%, while “Low Risk” Media (linked to unregulated activities, not belonging to the “High Risk” categories) give rise to a charge of 3.5%.
  1. Commission
For Creators
Type of earnings Commission*
Subscription 25%
Private Media and Push Media 20%
Lives 20%
Tips 20%
For Creators with SuperStar status
Type of earnings Commission*
Subscription 24%
Private Media & Push Media 19%
Lives 19%
Tips 19%
The Creator's actual Earnings will consist of the Tax Free Price, from which are deducted the Bank Charges (calculated on the amount of the Order excluding tax) then the MYM Commission, (calculated on the Tax Free Price, minus the Bank Charges). * The Commission percentage is calculated on the Price excl. VAT - (price incl. VAT * % bank charges) Appendix 2 - Civil and tax rights and obligations of Users
As an online platform, MYM wants to support all Users in the best possible way in their use of the Platform. As such, MYM wishes to inform any Creator who generates income on MYM of its civil and tax obligations, related to the generation of income through the Platform. In this case, all relevant information on the subject is compiled in educational sheets recalling the rules applicable to the declaration of income and the payment of social security contributions. This information may be consulted at the following addresses: The following fact sheets for Creators and Ambassadors are also available in French at the following addresses: In terms of payment of VAT, Creators and Ambassadors are invited to consult the information provided by the French authorities: https://www.impots.gouv.fr/professionnel/je-recherche-les-regles-de-territorialite-tva-page-en-cours-de-creation. As regards social protection, this income must be able to give rise to health insurance or pension rights. The same applies to taxation: the income generated must be subject to tax. We remind you that the explanations above are given for information only and do not replace the reading of legislative texts, administrative comments and French case law. We also insist on the fact that the rules set out above are likely to change (in particular the different thresholds that are reassessed each year) and that each User of the Platform is solely responsible for their legal obligations, including tax and social security obligations. In addition, the tax authorities and social security funds are able to complete this information and answer any questions. In case of doubt, MYM therefore recommends that Users contact their tax centre, social security fund or a specialist advisor.Appendix 3 - General Terms and Conditions of Sale REMINDER : In accordance with Article 6.1.9 of the GTS, the subscription to Subscriptions and the Purchase of the Media are governed by the GTS of the Platform and the Creator confirms that it has read and accepts them without reservation. It thus confirms that the sales policy put in place by MYM is fully consistent with its own sales methods. These General Terms and Conditions of Sale are accessible below or using the following URL: https://mym.fans/app/terms-of-sale. In the event of a contradiction between the document below and the document accessible on the Platform, the document present on the Platform shall prevail.


Version of 24.11.2022 Preamble
These General Terms and Conditions of Sale govern:
  • Any subscription to a Subscription with a Creator on the Platform;
  • Any sale of Media.
They supplement the General Terms and Conditions of Use governing the use of the Platform. In this context, it is recalled that MYM acts as an online platform operator. Article 1. Definitions
The terms mentioned below shall have the following meaning in these General Terms and Conditions of Sale. Any missing definition will have the meaning given to it in the General Terms and Conditions of Use:
  • "Subscription": means the right to access the Media granted by the Creator to the User in return for the price of the Subscription;
  • "Subscriber": means a User who has subscribed to a Subscription with a Creator;
  • “Order”: means any Subscription, Private Media, Push Media and/or Ticket order placed by a User with the Creator on the Platform;
  • "Account ": means the computer interface hosted on the Platform and allowing the User to use the Platform and Services, while benefiting from a space hosting their data;
  • “Commission”: means the percentage of the Creator's earnings paid to MYM in consideration for its Services. The Commission is a percentage of the Price of any Order placed with the Creator;
  • “General Terms and Conditions of Sale ” or “GTCS” means the Platform's contractual terms governing the subscription to a Subscription and the sale of Private Media, Push Media and/or Live Access Tickets;
  • “General Terms and Conditions of Use” or “GTCU”: means the contractual conditions made available on the home page of the Platform, in order to regulate the use of the Platform by any User;
  • “General Terms of Service” or “GTS”: means these General Terms of Service and all their Appendices, which govern the provision of the Services by MYM to the Creators;
  • "Content": means any item published by a User on the Platform, whether it is Media published by a Creator, or a message or content of any kind (text, image, video, sound, multimedia) published by a User;
  • "Creator": means any natural or legal person registered on the Platform as a creator, sharing the Media through the Platform and having subscribed to the General Terms of Service;
  • "Newsfeed" or "Feed": means the User's newsfeed available on the Platform;
  • "Bank Charges": means the costs deducted from the sums paid by the User in return for the Payment Services provided to the Creator. Bank Charges are equivalent to a percentage of the amounts processed by the Payment Services. They are therefore calculated on the amounts actually paid, including all taxes, including VAT and any costs;
  • “Live”: means the feature that enables the live streaming of a Media via the Platform. Access to a Creator's Live can be free of charge or for a fee;
  • "Media": means all photographs, videos, music, audio files, podcasts, lives, information, texts, logos, brands, animations, designs and models, data and, in general, all elements and content created by a Creator and published by the Creator under its full control and sole responsibility on the Platform according to the terms, form and conditions offered to it as part of the Services;
  • "Public Media": means any Media published by the Creator on the Platform and accessible to any User free of charge;
  • “Non-Public Media”: means any Media communicated on the Profile, in a blurred manner. Non-Public Media may be Viewable Media for a Subscription, Private Media, Push Media or a Live;
  • “Private Media” or “Custom Media”: means any Media exchanged by a Creator and a User, through messaging. Private Media cannot appear in the Creator's profile;
  • "Push Media": means any Media offered spontaneously by a Creator to one or more Users, through private messaging;
  • “MYM” or “the Operator”: means AIR MEDIAS, a French simplified joint-stock company (société par actions simplifiée) with share capital of 507.800,000 Euros, registered with the Lyon Trade and Companies Register under the number 809 565 906, having its registered office at 16 rue Cuvier, 69006, LYON - France. Refers indiscriminately to the Operator or the Platform herein;
  • “Parties”: in the plural, refers to MYM and the User together. In the singular, it refers to only one of the two Parties;
  • “Platform”: means the online Platform accessible at the following address: https://mym.fans/ or through the corresponding mobile applications. The Platform includes all the web pages, Services and features offered to Users;
  • “Tip”: means the amount freely paid by the User to the Creator at its sole discretion, without direct consideration;
  • "Payment Service Provider" or "PSP": means the company, holder of a banking authorisation, providing, through the Operator, payment services to Creators in order to allow them to collect payments from Users;
  • "Price": means the sum of money or cryptoassets paid by a User to the Creator through the Platform in return for a Subscription, a Media or a Live ticket. Prices may also include Tips;
  • "Profile": means the Creator's presentation page, in which is presented both the Creator's activity and the Media and Subscriptions it offers;
  • “Services”: means all the Services offered by MYM to the Users through the Platform;
  • “Support Website”: means the website hosted at https://support.mym.fans/, published by the Operator in order to provide as much information as possible and to assist any User in their use of the Platform and its Services;
  • "Specification" means the characteristics of a Private Media, offered by a Creator or required by a User by making the request. Any Content that is the subject of an Order on the Platform must comply with the Specifications agreed between the User and the Creator;
  • "Story": means the Media published by the Creator to illustrate its news, which will automatically disappear after a period of seventy-two (72) hours;
  • “SuperStar”: means any Creator meeting the criteria defined on the Support Website (https://support.mym.fans/) and as such benefiting from differential treatment;
  • "Ticket ": means the ticket purchased by a User allowing them to attend a paid Live;
  • “User”: means any person who accesses and browses the Platform, whether a User, Creator, Ambassador or individual Internet user

Article 2. Purpose
These General Terms and Conditions of Sale govern any Order placed on the Platform. These GTCS supplement the Platform's GTCU. In the event of a contradiction between the GTCS and the GTCU, the GTCS shall apply as a priority. Article 3. Acceptance of the General Terms and Conditions of Sale In order to be able to conclude these GTCS, the User must:
  • be a duly registered legal person acting through a legal representative or a person duly authorised to bind it legally;
  • or be a natural person of legal age, capable, who is not under any legal protection measure (guardianship, trusteeship).
The GTCS may be terminated in the event that one of these conditions is no longer met. The User undertakes to read these General Terms and Conditions of Sale carefully and to accept them expressly, before proceeding with the payment of an Order from a Creator. These General Terms and Conditions are referenced at the bottom of each page of the Platform and must be consulted before placing the Order. The User is invited to carefully read, download, print and keep a copy of the General Terms and Conditions of Sale. MYM advises the User to read the General Terms and Conditions of Sale for each new Order, with the latest version of these Terms and Conditions applying to any new Order. As part of the Order procedure, the User acknowledges having read, understood and accepted the General Terms and Conditions of Sale without limitation or condition. Similarly, it acknowledges that it wishes to have immediate access to the Content and thus expressly waive its right of withdrawal. Article 4. Media details
The User acknowledges that the Media are broadcast or published on the Platform under the responsibility of the Creator. The Creator warrants that it has received the consent of any person appearing on the Media to:
  • Appear on the Media, which are, in essence, potentially published to a wide audience;
  • Communicate and/or market the Media to Users and/or Users;
  • Publish the Media on the Platform.
The Creator guarantees that it verifies the age of each person appearing on the Media and in particular that each of them is of age, which the Creator must be able to demonstrate at the first request of MYM. The Creator does not give any guarantee as to the frequency of publication of Media, their unpublished nature, or as to the number thereof, which the User expressly accepts and acknowledges. The User acknowledges that it will not be able to access paid Non-Public, Private and Push Media until it has signed up for a Subscription and purchased them. Article 5. Signing up for a Subscription To sign up for a Subscription, the User must have legal capacity. To subscribe to a Subscription, the User must be registered on the Platform and log in to their Account. 5.1. Essential features of the Subscription The Creator’s Profile will present the essential features of the Subscription it offers, as well as the information required under applicable law and to verify its accuracy. These characteristics are included in the Creator's Public Profile and include:
  • A description of the Creator;
  • The rights conferred by the Subscription;
  • The frequency of renewal of the Subscription (monthly, half-yearly);
  • The price of the Subscription.
The User undertakes to read this information carefully before signing up to a Subscription on the Platform. The User is informed that the Subscription includes, in particular:
  • The right to consult Non-Public Media;
  • The right to request Private Media from the Creator;
  • The right to purchase Push Media;
  • The right to receive an Invitation to Lives;
  • The right to purchase a Ticket to attend Lives;
Each Subscription is valid only for the Creator from which the User has taken out this Subscription. It is specified that a Subscription taken out with a Creator does not give the User any right as to the quantity and quality, which are necessarily subjective, of the Media published by the Creator. In any event, it is the responsibility of each User to carry out research on each Creator, relating in particular to their activity on the Website, before signing up for Subscription. 4.2. Procedure for signing up for the Subscription
4.2.1. Signing up for the Subscription Signing up for the Subscription is carried out through the Platform. To sign up for a Subscription, the User is invited to follow the steps below. The User may subscribe to a Subscription with the Creator on the Platform by clicking on the “Subscribe” button available on the Creator's Profile. It is then sent to a page describing the essential features of the Subscription (rights conferred, price, duration, etc.). The User will be invited to:
  • Choose the desired Subscription offer;
  • Select the Subscription to which it wishes to subscribe;
  • If applicable, enter its Promo Code;
  • Choose the means of payment;
  • Accept these GTCS.
  • Pay the price of the Subscription by following the instructions on the Platform.
4.2.2. Acknowledgement of receipt Once all the steps described above are completed, a page appears on the Platform to acknowledge receipt of the User's Order. A copy of the acknowledgement of receipt of the Order is automatically sent to the User by email, provided that the email address submitted through the registration form is correct.
4.2.3. Price of the Subscription The User acknowledges that the price of the Subscription is due at the time of signing up for the Subscription, as well as at each renewal of said Subscription. 4.2.4. Duration of the Subscription Subscription to the Creator's account can be offered by means of two alternative offers:
  • a “monthly” offer corresponding to a Subscription for an indefinite period, giving rise to automatic monthly payments;
  • an “X months” offer corresponding to a Subscription for a fixed period, giving rise to a single payment.
By default, the Subscription is offered via the monthly offer and for an unlimited period. The User is therefore charged monthly, on the anniversary date. If the Subscription is taken out for an indefinite period, it may then be terminated at any time, before the end of the current month, it being understood that any month of subscription started will be due in full. No refund on a pro rata temporis basis may be requested. In the event that the Subscriber has opted for the "X Months" Offer corresponding to a fixed term, the price requested is fixed and paid in advance. Thus, any early termination of a fixed term Subscription may not give rise to any refund whatsoever. Any Subscription for a fixed term is, on its expiry, automatically renewed in the form of a Subscription for an indefinite period, giving rise to an automatic monthly payment, on the anniversary date. The price applied will then be that provided for the "X months" Offer. 4.2.5. Termination of the Subscription The User may at any time terminate their Subscription for an indefinite period, for any reason, and in particular in the event of absence of activity on the part of a Creator. To do so, the User must go to their Account, in the tab dedicated to Subscriptions and choose the one they want to terminate at the end of the current month. In the event that the User cancels their Subscription after the possible renewal date, the Subscription will end at the end of the commitment period and/or on the date of the next renewal and the User may continue to benefit from the advantages conferred by the Subscription until this date. Article 5. Request for Private Media To request Private Media, the User must:
  • Be registered on the Platform;
  • Be subscribed to the Creator concerned by the request.
5.1. Private Media request procedure 5.1.1. Private Media Request The User will have the possibility to request Private Media from the Creator with which they have subscribed via the Platform. The User acknowledges that Private Media is not necessarily Media exclusively intended for the User but Media which corresponds to the User's request and which is not accessible free of charge on any other medium or platform. The Creator may therefore reuse any Private Media communicated to the User, provided, however, that it is not made available free of charge, on any medium, for a minimum period of two years from its publication on MYM. To request Private Media, the User must:
  • Use Platform Messaging;
  • Communicate to the Creator the Specifications of the Private Media that it wishes to request, namely in particular the format (photo, video, etc.) or any other aspect of the Media (content, object, aesthetics, etc.).
The Creator may also, on its own initiative, offer the User the possibility of viewing Media by means of Messaging, as Push Media. In this case, the Creator undertakes to provide the User with the essential characteristics of the Private Media regarding in particular its format (photo, video) and its content (content, duration, etc.). The Creator also undertakes to provide it with the mandatory information under the applicable law and to verify its accuracy. The User is informed that it may, at its sole discretion and under its sole responsibility, accept or reject the Creator's proposal. 5.1.3. General stipulations The User is informed that the Creator:
  • Has no obligation to respond to its request;
  • May refuse all or part of its request at its sole discretion.
The User will be notified of the Creator's response by email to the email address provided at the time of registration and on the Platform by means of a notification. In the event that the Creator responds positively to the User's request, it will propose a price to the User under its sole responsibility and full control. In the event that the User accepts the Creator's proposal, they will be invited to proceed with the payment of the agreed price. 5.2. Provision of Private Media or Viewing of Private Media
The Creator will have seventy-two (72) hours from the date of payment to make the Private Media available to the User by means of Messaging, in accordance with the User's Specifications. 5.3. Private Media refunds
The User may request a refund of the Private Media:
  • In the event of failure to communicate the Private Media by the Creator within the time limit set. In this case, the User must send a refund request within fourteen (14) days of the maximum expected delivery date;
  • In the event of non-compliance of the Media with the Specifications agreed between the Creator and the User. In this case, the User must send a refund request within fourteen (14) days of the date of delivery of the Media.
Non-compliance relating to the following may constitute non-compliance of the Private Media with the User's Specifications:
  • The format of the Media;
  • Its contents.
In the event of the User formulating a dispute relating to an alleged inadequacy of the Private Media with its Specifications, it must indicate the lack of compliance precisely. MYM will be the sole arbiter of the Private Media's compliance with the Specifications, with its decision being binding on the Creator and the User. After prior exchanges between the Creator and the User concerned, the refund request may be made directly to MYM by email to support@mym.fans. If the request is considered well-founded, MYM may proceed, on behalf of the Creator, to refund all sums paid by the User for Private Media. Article 6. Purchasing Push Media
The Creator may offer Users the possibility of purchasing Push Media. To purchase Push Media on the Platform, the User must:
  • Be registered on the platform;
  • Log in to their Account;
  • If the Push Media is paid, have signed up for a Subscription with the relevant Creator;
  • Pay the price corresponding to the Push Media.
The purchase of Push Media allows unique access to this Media, without any other form of subscription to other content. It is specified that the Push Media appears blurred until it is purchased by the User. Thus, the User expressly acknowledges that they will only be able to access the Push Media after having purchased it. Article 7. Purchasing Tickets 7.1. Ordering a Ticket To participate in a paid Live, the User must purchase a Ticket. To purchase Push Media on the Platform, the User must:
  • Be registered on the platform;
  • Log in to their Account;
  • Have signed up for a Subscription with the relevant Creator or have received an invitation from the relevant Creator;
  • Pay the price of the Ticket.
A Ticket may only be refunded in the following cases:
  • The Live is finally cancelled or cannot take place;
  • The Live event lasts less than five (5) minutes.
Any purchase of a Ticket gives the right to be able to watch the replay of the Live, at any time. Article 8. Tips
Any User may pay Tips to the Creator. It is understood that the payment of Tip is made without consideration and constitutes a simple gift for the benefit of the Creator to support its work. Article 9. Acknowledgement or receipt of Orders
Once the User has proceeded with their Order, a page appears on the Platform to acknowledge receipt of the User's Order. A copy of the acknowledgement of receipt of the Order is automatically sent to the User by email, provided that the email address submitted through the registration form is correct.
Article 10. Payment and Invoicing of Orders
10.1 Payment of Orders 10.1.1. Price The User will find on the Platform's payment page the prices displayed in euros, with all taxes included. The prices with all taxes included include, in particular, where applicable, Value Added Tax (VAT) at the rate in force on the date of the Order, as well as the Bank Charges borne by the Creator. Any change in the applicable rate may impact the price of the Subscription from the effective date of the new rate. The applicable VAT rate is expressed as a percentage of the price offered by the Creator. The prices indicated are valid, unless there is a gross error. The applicable price is the price stated on the Platform's payment page on the date on which the price is paid by the User. 10.1.2. Means of payment All payments, whether in cash or cryptocurrencies, are managed through Payment Service Providers legally authorised to provide payment services to Users. The User can thus pay for Orders online on the Platform using the means proposed by the Platform, that is to say by:
  • Debit/Credit Card (Visa, CB, Mastercard);
  • Paypal, for certain Creators;
  • Cryptocurrency.
Where applicable, the User undertakes to accept and comply with the terms and conditions of the PSPs, applicable to the use of their services. The User warrants to the Creator that they hold all the required permissions to use the chosen means of payment. The User will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the Website. As such, it is specified that all payment information provided on the Platform is transmitted to the Payment Service Provider and is not processed by the Operator. 10.1.3. Payment date Subject to the nature of their bank account and the agreements with their bank, the User's account will be debited as soon as the Order is placed on the Website. In the event of a Subscription, the User's bank account will also be debited at each renewal of the Subscription. 10.1.4. Refusal of payment If the bank refuses to debit a card or other means of payment, the User must contact the Platform's Customer Service in order to pay for the Order by any other valid means of payment accepted by the Creator. In the event that, for any reason whatsoever, objection, refusal or other, the transmission of the flow of money owed by the User proves impossible, the Order will be cancelled and the sale or subscription automatically terminated. Article 11. Right of withdrawal
By accessing the Subscription, Media or Live following any Order made from the Platform, in accordance with Articles L. 221-18 et seq. of the French Consumer Code, the User acknowledges that the Creator has fully performed its obligations, that it wishes to have immediate access to the content and that it waives the benefit of the fourteen (14) day withdrawal period resulting from the aforementioned provisions of the French Consumer Code. Indeed, no Order (neither the Subscription, nor the Media, nor the Lives) may in principle give rise to a right of withdrawal, in accordance with Article L221-28 of the Consumer Code which provides that "The right of withdrawal may not be exercised for contracts: 3° For the supply of goods made to the consumer’s specifications or clearly personalised; 13° For the supply of digital content which is not supplied on a physical medium if the performance has begun after the consumer’s prior express consent and their prior express agreement and waiver of their right of withdrawal”. Article 12. Intellectual Property
In accordance with the General Terms and Conditions of Use (GTCU), the Media published by the Creator are its exclusive property, which the User expressly accepts and acknowledges. By signing up for the Subscription or purchasing the right to access a Media, the User is simply granted the right to view said Media. Subject to the exceptions provided for by the French Intellectual Property Code, the User is therefore not assigned any intellectual property right other than the right of viewing, which expressly excludes any right of representation, reproduction, marketing or adaptation. Any representation or reproduction, total or partial, of the Media by any process whatsoever, without the prior authorisation of the Creator, is prohibited and will constitute an infringement sanctioned by the provisions of the French Intellectual Property Code, in accordance with the General Terms and Conditions of Use. With respect to Private Media, the Creator grants the User who has placed the Order a license to view, reproduce and represent in a private circle only. This license is granted for the entire world and for the entire duration of the intellectual property rights. Therefore, the User undertakes to:
  • Use the Media published by the Creator only for its personal needs for the purposes of consulting the Media on the Platform, to the exclusion of any use of the Media for commercial or professional purposes;
  • Not publish, broadcast or communicate all or part of the Media published by a Creator to third parties, by any means whatsoever, in any medium whatsoever, in particular on social networks, whether free of charge or for a fee;
  • Not modify, adapt or damage the integrity of all or part of the Media published by a Creator in any way.
Any downloading, sharing, making available, reproduction, or any other form of reproduction, use or dissemination excluding consultation on the Platform infringes the rights of the Creator, MYM and engages the liability of the User. In the event of a serious suspicion of a breach of these obligations, MYM may proceed with the deletion of the User's Account at its exclusive fault, without any refund for the sums paid by the User being payable by the latter. In the event of a proven breach of these commitments which form part of the essential commitments of the Parties, the User undertakes to pay a sum equal to 500 euros including tax or 10 times the amount paid by the latter in respect of the Subscription or the Media concerned by the infringement, with the largest amount then being retained. The amount of this penalty will then be returned to the Creator. The payment of this penalty is non-discharging and does not exclude the questioning of the liability of the User for the violation of the rights of the Creator, who will in any event retain the right to claim compensation for its entire damage arising therefrom. Finally, the User is informed that MYM is mandated by the Creator to request the deletion of any Media that may be republished in whole or in part by the User on the Platform or on any other platform, social network or medium of any nature whatsoever. Article 13. Warranties and liability
The Media are published by the Creator under its responsibility. Users benefit from legal warranties as defined by Articles L.224-25-12 et seq. of the French Consumer Code, provided that the Creator is a professional. The content and conditions of implementation of the legal warranty of conformity are specified in the Appendix hereto. The Creator declares that it holds all intellectual property rights to the Content sold via these GTCS. The Creator declares that said Content does not in any way infringe the rights of third parties, in particular that it does not constitute an infringement or an act of unfair or parasitic competition of a pre-existing work and that it does not in any way infringe the image or intellectual property rights of third parties. In the event of a dispute or complaint related to an Order, the User is invited to consult the GTCU for the procedure to be followed and, if necessary, to contact the Operator at support@mym.fans. In the event that the Creator to whom the Subscriber has subscribed has his or her Account terminated or closed for any reason, the Subscriber may request a refund of his or her Subscription, regardless of its duration. Article 14. Validity of the General Terms and Conditions Any modification of the laws or regulations in force, or any decision of a competent court invalidating one or more clauses of these GTCS shall not affect the validity of these GTCS. Any such modification or decision does not authorise the Customers to disregard these GTCS.

Article 15. Modification of the General Terms and Conditions These General Terms and Conditions of Sale apply to all Orders placed online on the Platform, as long as the Platform is available online. The General Terms and Conditions are precisely dated and may be modified and updated by MYM at any time. The applicable General Terms and Conditions are those in force at the time of the Order. Changes to the General Terms and Conditions will not apply to Orders already placed. Article 17. APPLICABLE LAW AND JURISDICTION THESE GENERAL TERMS AND CONDITIONS, AS WELL AS THE RELATIONSHIP BETWEEN THE USER AND MYM, ARE GOVERNED BY FRENCH LAW. IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS WILL HAVE JURISDICTION. However, prior to any recourse to an arbitral or state judge, the User is invited to comply with the dispute management procedure specified in the GTCU. If no agreement is reached or the User justifies having previously attempted to resolve the dispute directly with the Creator by a written complaint, then an optional mediation procedure, conducted in a spirit of fairness and good faith in order to reach an amicable settlement upon the occurrence of any conflict relating to these GTCS, including its validity, will be offered. To initiate this mediation, the User may contact MYM. The Party wishing to implement the mediation process must first inform the other Party by registered letter with acknowledgement of receipt, indicating the elements of the conflict. The Parties undertake to make their best efforts to resolve the disputes between them amicably and in good faith. As mediation is not mandatory, the User or the Creator may withdraw from the process at any time. IN THE EVENT THAT MEDIATION FAILS OR IS NOT CONTEMPLATED, THE DISPUTE THAT MAY HAVE GIVEN RISE TO MEDIATION SHALL BE REFERRED TO THE COMPETENT COURT DESIGNATED ABOVE. Appendix 1 - Legal Warranty of Conformity
The User benefits from legal warranties as defined by Articles L.224-25-12 et seq. of the French Consumer Code and detailed below. the User is informed of the application of Article L.224-25-12 of the French Consumer Code which provides for the delivery of goods in accordance with the contract as well as the criteria set out in Article L. 224-14. The User may report any lack of conformity existing at the time of the provision of the Content within the meaning of Article L.225-25-10 of the French Consumer Code, which appear during the period of provision of the Content as provided for in the General Terms and Conditions of Use. This warranty also applies to non-conformities resulting from the incorrect integration of the Content into the User's digital environment: - when it has been carried out by the Creator or under its responsibility; or - when it has been carried out by the User, provided that it results from shortcomings in the Creator's instructions. In this respect, pursuant to Articles L.224-25-13 and L.224-25-14 of the French Consumer Code, the Content is compliant if: 1° It corresponds to its description, type, quantity and quality, [...] with regard to any characteristic provided for in the Contract (Article 5) or that the User can legitimately expect for Content of the same type, in view of the nature of such Content, as well as to public representations made by the Creator or any person upstream in the chain of transactions, including in advertising or on the labelling; 2° It is suitable for any special use sought by the User, brought to the attention of the Creator at the latest at the time of conclusion of the Contract and which the latter has accepted; 3° It is delivered with all accessories […] that must be provided in accordance with the Contract or that the User can legitimately expect; 4° It is updated according to the Contract and what the User can legitimately expect; 5° It is suitable for the usual intended use of Content of the same type […]; 6° It has the qualities that the Creator presented to the User in the form of a trial or preview version, before the conclusion of the Contract; 7° It is provided according to the most recent version available at the time of conclusion of the Contract, unless otherwise agreed by the Parties; 8° It is provided without interruption throughout this period. However, the Creator or, where applicable, MYM, is not bound by any public representations referred to in 1° above if it demonstrates that: (a) it did not know them and was not legitimately able to know them; (b) at the time of the conclusion of the Contract, the public representations had been corrected in conditions comparable to the initial representations; or (c) the public representations could not have had an influence on the purchase decision. The User may not challenge compliance by invoking a defect concerning one or more particular characteristics of the Content, of which they have been specifically informed that such characteristics deviate from the compliance criteria, to which deviation they expressly and separately consented at the time of the conclusion of the Contract. As such, the Content may experience interruptions during the period of provision of the Content in accordance with the General Terms and Conditions of Use. Throughout the contractual duration of the provision of the Content, proof of the compliance of the Content is the responsibility of the Creator or, as the case may be, MYM. The Creator or MYM is not responsible for any non-compliance directly attributable to the incompatibility between the Content and the User’s digital environment and that the User had been previously informed by the Creator or by MYM of the technical compatibility requirements. The User must therefore cooperate with the Creator or MYM, to the extent reasonably possible, in order to establish whether or not the non-compliance is caused by the incompatibility in question. In the absence of cooperation, the User shall bear the burden of demonstrating the non-compliance of the Content. In the event of non-compliance, the User has the right to have the Content brought into compliance or, failing that, to a price reduction or resolution of the price in accordance with Articles L. 224-25-17 et seq. of the French Consumer Code. Moreover, the User has the right to withhold payment until the Creator (or MYM) complies with its warranty obligations under the terms of Articles 1219 and 1220 of the French Civil Code. Compliance remediation work takes place free of charge, without undue delay according to the Customer's request and without major inconvenience to the Customer, taking into account the nature and the intended use of the Content. It is not liable to pay for the use of the Content during the contractual period during which the Content was non-compliant. The Creator or MYM may refuse the compliance remediation work if it is impossible or entails disproportionate costs in particular with regard to: - the value that the Content would have had there been no non-compliance; - the extent of the non-compliance. This refusal shall be subject of a reasoned decision in writing or on any durable medium addressed to the User. When these conditions are not met, the User may, after formal notice, continue the forced execution in kind of the compliance remediation work. The User has the right to a price reduction or to the termination of the Contract (unless the non-compliance is minor) in the cases and in the manner provided for in Article L.224-25-20 of the French Consumer Code, that is to say, in particular, in the event of refusal of compliance remediation work or failure by the Creator to comply, in accordance with the aforementioned article. The User is not required to request prior compliance remediation work when the non-compliance is so serious that it justifies the immediate reduction of the price or termination of the Contract. The User shall inform the Creator or MYM of their decision to obtain a price reduction or the termination of the Contract. The price reduction shall be proportional to the difference between the value of the Content provided and the value of the Content free from defects. MYM shall refund the User and return any other benefit received under the Contract as soon as possible and no later than fourteen (14) days after notification of the decision to terminate the Contract or to obtain the price reduction. Unless expressly agreed by the Customer and at no additional cost, the refund will be made using the same means of payment as that used for the purchase. In the event of termination of the Contract, the User shall refrain from using the Content or making it accessible to third parties. The Creator shall return to the User, free of charge and within a reasonable time, in a commonly used and machine-readable format, any content provided or created by the User during their use of the Content (other than personal data), unless such content: 1° is of no use outside the context of use of the Content; 2° relates only to the Customer's activity when using the Content; or 3° has been aggregated by the Creator with other data and cannot be disaggregated or can only be disaggregated with disproportionate effort. The Creator undertakes to use the content provided or created by the User (other than personal data) only if it has been generated jointly with other customers and if other customers can continue to use it. The provisions of this Article shall be without prejudice to the award of damages. Appendix 4 - Commitments to PSP This Annex details the requirements for payment service providers (hereinafter "PSPs") providing Creators (hereinafter "Merchants"), through MYM, with payment services to receive payments from users. Merchant Due Diligence Merchant acknowledges and provides MYM with the necessary supporting documentation to comply with legal and/or regulatory requirements in any country where restricted content is purchased or delivered as a shipping destination. Merchant acknowledges and confirms its adherence to the following requirements:
  1. Merchant does not market content or use content search terms that may give the impression that the content contains or refers to child exploitation material, depictions of non-consensual activities or any other form of illegal content.
  1. Merchant does not attract users to its sites by using (directly or indirectly) adult content (photographs, video images, computer-generated images, cartoons, simulations or any other media) that is illegal, non-consensual (sexual, bestiality, violence or mutilation of a person or body part) or violating the rules of the card systems (including depictions of incest or drug or alcohol use, being unconscious, or any sale or offer to sell a product or service that is patently offensive and lacks serious artistic merit).
  1. Merchant prohibits any use of its websites or content that may promote, facilitate or depict human trafficking, sex trafficking and physical abuse, advertising for escorting or facilitating prostitution.
  1. The merchant does not allow anonymous users to download content;
  1. Merchant will only provide its own content or content from third party content providers verified by Merchant, with whom Merchant has a written agreement. The agreement between the provider and the creator shall pass on to the provider all commitments made by the merchant under this agreement:
  1. The agreement between the merchant and its content provider prohibits any activity that is illegal or in violation of the rules of the card system (CB, Mastercard, or others).
  1. The agreement between the Merchant and the Content Provider requires the Content Provider to obtain and maintain written consent from all persons depicted in the Content, permitting public distribution of the Content, and downloading of the Content through all Merchant channels and other marketing.
  1. The agreement with the content provider shall require the content provider to:
  1. verifies the identity and age of all persons depicted in the content to ensure that they are at least of legal age;
  1. provide documentation to support this upon request
Handling of disputes a. Merchant has a complaint process for reporting content that may be illegal or in violation of card scheme rules (CB and Mastercard in particular) and includes in this process mandatory requirements to review and resolve all reported complaints within seven (7) business days and to immediately remove the content if the outcome of the investigation provides evidence of illegal content or content in violation of a card scheme rule. b. Merchant has an opt-out process that allows any person represented in the content to request removal of that content and to remove the content if the investigation reveals that consent was not given or is void under applicable law. c. Merchant maintains a dispute management process to allow any dispute regarding a consent that is void under applicable law to be resolved by a neutral body at Merchant's expense.
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