Terms of Service

²FAMEZ Terms of Use

 

PREAMBLE

These terms and conditions regulate the contractual relationship between you (hereinafter referred to as the "member" or you are addressed directly) and ²Famez (hereinafter referred to as "provider" or "Famez"). Members can call up, download and save these General Terms and Conditions at any time, even after the contract has been concluded.

By using the provider's services and clicking on the "I have read and accepted the terms of use" box, members agree (literally or analogously) to the validity of these terms of use. Conflicting terms of use of members are not part of the contract.

The provider reserves the right to adapt or change these terms and conditions. If the General Terms and Conditions are amended or changed, we will send them to you by e-mail four weeks before they come into effect. If you do not object to the validity of the new General Terms and Conditions within four weeks after receipt of the e-mail, they are deemed to have been accepted. In the event of your objection, we have the right to terminate the contractual relationship. We will separately inform you of the importance of this four-week period in the e-mail containing the changed conditions.

1. GENERAL

Famez is a social network community Famez, owner - A.Bock, Buddestr.5, 13507 Berlin, Germany.

The Famez offer is aimed at natural persons of legal age who can register for private and commercial purposes. With Famez, members have the option of calling up profiles with photos, texts, videos and other information from other members, uploading their own content such as texts, photos, videos and the like. upload and share with other members.

Registering with Famez and using the community are free. Members have the option to sell their uploaded media for credits. The provider also reserves the right to offer certain and specially marked services for a fee. Paid options are marked as such and can be activated by members themselves. Members (users) can purchase the virtual means of payment credits on Famez. The credits will not be returned in exchange for a refund of an amount paid for them.

The provider expects a cultivated and respectful tone in dealing with each other from every member.

2. PROVIDER SERVICES

The provider provides the portal on the Internet, via which members can upload content or enter it in any other way and access content provided by other members. The provider enables, among other things, the retrieval of this content. The provider's contractual service consists of granting access to its internet portal.

The provider does not check the content posted. He can therefore neither guarantee their correctness, adequacy nor quality. Nevertheless, the provider reserves the right, at its own discretion, to refuse, correct or delete the publication of content and information in profiles (e.g. the user name or profile picture) and/or to temporarily or permanently block the member's account. This is particularly relevant if the provider becomes aware of a violation of these terms and conditions or legal provisions, false information is discovered or there are other important reasons. In this case, there are still outstanding commission claims.

The provider reserves the right to check members' accounts for authenticity or correctness and to request certain documents, such as verification pictures or copies of ID cards from members. If members do not comply with the requirement, the provider reserves the right to delete the account.

Members are not entitled to use the provider's services and/or to publish content on the provider's portal. In the event of violations of these General Terms and Conditions, legal provisions or if there are other important reasons, for example a disturbance of the harmonious coexistence of the members, the provider can impose a virtual house ban on members.

Members who have been banned from entering the building are prohibited from registering again. If house bans are circumvented by registering under a new pseudonym, the account data will be deleted. Legal action will be taken against former members who have been banned from entering the building and who repeatedly try to re-register (action for injunctive relief).

In the event of serious personal attacks, insults, defamation and threats or other criminally relevant behavior by a member, the provider reserves the right to call in the law enforcement authorities. The assessment of a situation that leads to a change, rejection, deletion, blocking or the issuance of a virtual ban is at the discretion of the provider.

Services, functions and content of the platform can be changed, expanded or restricted by the provider at any time. As far as paid options are concerned, the provider will ensure appropriate compensation.

If a member's free account is not used for more than 3 months, it can be deleted by the provider without further notice. In this case, there is no right to the storage or disclosure of data.

3. CONCLUSION/TERMINATION

By registering on Famez, you submit an offer to conclude a usage contract with the provider. When registering, you must provide your username, e-mail address and a password. You can also register using third-party connect functions (e.g. Facebook Connect). Selected data from your profile is transferred to the provider's database. When registering via the Connect functions, you agree to the respective conditions of the third-party provider and consent to certain data being transferred to the provider's database.

Only one account per person is allowed. There is no right to conclude a contract.

After registering, you will receive an email from the provider confirming your offer.

The contract can be terminated by the provider and the member at any time. As long as a member's subscriptions are still running, termination is only possible when all subscriptions have ended.

The right to extraordinary termination for good cause remains unaffected.

Paid offers:

single call:

Users can purchase credits. Each member can upload paid content to Famez and set an individual price. The remuneration [link to the exact explanation] is up to 70% and is paid out after 30 days at the earliest, minus cancellations. This requires the presentation of a valid identification document. The details are regulated by the payment regulations.

Subscription:

Users can also subscribe to a member account and thus have constant access to all content. There will be an option for individual content to be unsubscribed and still only available for purchase with credits. The subscription can be canceled at any time, access is available until the last minute of the subscription period.

You declare as a member that

You and anyone else appearing in Content were over the age of 18 at the time of recording
You own all rights to use the material posted
all persons who can be seen on the material have given their consent to publication.
Famez only acts as a broker / intermediary.

4. GRANT OF RIGHTS

By transmitting or uploading their content (text, photos, graphics, film sequences, etc.), members grant the provider the free, simple, spatially and temporally unlimited right of use to use the transmitted content on or via the services described above modify, perform, make publicly available, reproduce and distribute. Members also grant the provider the free, simple, spatially and temporally unlimited right of use to make the content you have uploaded publicly accessible on third-party portals for advertising purposes for the provider's portal.

Members agree that the provider uses the provided public data of the member in activity overviews, RSS feeds and other news services (e.g. Twitter).

Members further agree that their profile or parts of their profile may be framed with advertisements of any kind.

Famez will not offer the content in its own name.

Upon notification, Famez will remove content that infringes copyright as well as content that is otherwise inadmissible.

The provider respects the rights of third parties and is accordingly interested in preventing the publication of infringing content posted by members. If a member is of the opinion that content infringes his rights (e.g. the right to his own picture, name rights, trademark rights, copyrights) or other rights, the provider asks for a detailed notification. Provider will investigate all notices of infringement and take appropriate action. Abuse will be punished.

Famez removes posts in compliance with the Digital Millennium Copyright Act (DMCA). Our full DMCA notice and takedown policy can be found here: https://2famez.com/p/dmca.

5. MEMBERS' OBLIGATIONS

Members undertake to provide truthful, complete and up-to-date information about themselves when registering and to meet the minimum requirements for posting content on the provider's website. If there are changes, the data will be updated. If a change to the account is necessary, which the member cannot influence himself, the provider must be informed.

If there are doubts as to the authenticity of the data, the provider can temporarily block the account and request proof of authenticity from the member. If the member does not comply with this request, the provider is entitled to delete the account.

The deletion of the account or the termination of the contract has no influence on the aforementioned granting of rights. If the member perceives the data or his previous profile in an advertising measure after deleting his account or termination and reports this to the provider, the latter will endeavor to remove the measure.

A member can delete individual content. This should not be done before the end of 3 months after the last purchase by a user.

With the purchase, the user acquires the right to use the content for an unlimited period of time (see the offer) until it is deleted by the member. If the deletion takes place before the end of 3 months after the purchase, the user can contact Famez support. He will then receive the content by e-mail, where permissible.

Passwords may not be passed on to third parties. If misuse is suspected, the password must also be changed and the provider must be informed immediately.

The member is responsible for his own activities, information and content and is obliged to comply with the statutory provisions. This applies in particular to the areas of copyright, trademark protection and the protection of minors. Members guarantee that they have all the necessary rights with regard to the content they have placed in the provider's database, that the use and/or exploitation of this content does not conflict with any third-party rights (e.g. the right to their own image, the right to a name, third-party trademark rights) and that the content posted does not violate the provisions of these General Terms and Conditions or statutory provisions. The member undertakes to prove his ownership of the rights to the content upon request from the provider.

No member or user may insult, threaten, unduly provoke, or in any way harass another member or user. Provided data (such as real names, addresses, e-mail addresses, telephone numbers) and information are to be treated confidentially.

Any measures that serve or may serve to impair, circumvent or impede the proper operation of the provider's services are prohibited. This applies in particular to the measures or attacks listed below: XSS, SQL injection, CSRF, phishing, DoS, DDos, brute force, session capturing, automated or script-controlled access and other manual and automatic attacks or interventions in the technical infrastructure the provider's services. The provider will report any violation of this regulation to the responsible law enforcement authorities.

Members are obliged to indemnify the provider and/or its affiliated companies as well as its and/or employees, representatives, shareholders and vicarious agents of its affiliated companies from all claims made by third parties due to the violation of their rights by the member in the portal content posted by the provider or because of the other use of the provider's services by the member against the provider and/or companies affiliated with it, as well as his and/or employees, representatives, shareholders and vicarious agents of the companies affiliated with him. Upon first request, the member assumes all costs of the necessary legal defense by the provider, including all court and attorney fees. In the event of a third-party claim against the provider due to the behavior and/or omission of a member, the member concerned will immediately, truthfully and completely provide the provider with all information available to him that is required for an examination of the claims and a defense.

It is forbidden for all members and users:

- any illegal form of advertising communications on Famez (including by disseminating phone numbers, email addresses, links, SMS numbers or other contact options for the purpose of commercial contact with other members);
sending spam;

- Poaching attempts to lure members of Famez to other portals/websites; Onlyfans and 4based are excluded from this.
- collect content or information from members using automated mechanisms (such as bots, robots, spiders or scrapers);

- upload code that harms us or the website 2famez.com or restricts its functionality or affects it in any other way;

- Obtain someone else's login information or access an account owned by another member;

- to insult, defame, bully, intimidate or harass other members;

- publish content that violates applicable law,

- use Famez to engage in any illegal, deceptive, malicious or discriminatory activity;

- carry out actions that could block, overload or impair the proper functioning of Famez.

- other misuse of the provider's services.
 

The provider reserves the right to analyze chat histories on a random basis or if there is reasonable suspicion.


6. PENALTIES FOR VIOLATIONS

Compliance with these terms and conditions is of considerable importance for the functionality of Famez. The provider will impose sanctions on a member in accordance with this regulation if and to the extent that the provider has concrete indications that a member violates statutory provisions, the rights of third parties, morality and/or these General Terms and Conditions.

When choosing the sanction to be imposed, the provider will include the interests of the affected member in the decision and, among other things, also take into account whether misconduct has occurred through no fault of their own or whether the violation was culpable. The following measures and sanctions can be considered, depending on the severity of the misconduct:

* Warning of a member (as the mildest means),

* Partial and full deletion of a member's content,

* Restrictions on using Famez,

* temporary ban of a member,

* permanent suspension of a member and issuance of a virtual house ban.

7. WARRANTY

The databases and other technical devices provided by the provider correspond to the current state of the art. The provider endeavors to ensure the greatest possible availability of the platform. Nevertheless, problems that are beyond the Provider's control (force majeure, fault of third parties, etc.) or maintenance work may result in temporary restrictions in the availability of the Provider's services. The provider does not guarantee that its website can be accessed or called up at all times and is not liable for downtimes due to necessary care and maintenance work or newly occurring errors, insofar as these were not foreseeable and can also be avoided by a conscientious average programmer.

Furthermore, the provider assumes no liability for the authenticity and storage of the uploaded content to the user. If an account is deleted, changed or blocked due to a violation of the terms of use, there is no right to the surrender of the content and communication data stored with the account.

8. LIMITATION OF LIABILITY

Claims for damages against the provider are excluded, unless the provider, his legal representatives or vicarious agents are accused of intent or gross negligence. The provider's liability for damage to life, limb and health as well as liability under the Product Liability Act remains unaffected. In the event of a breach of essential contractual obligations, the provider is liable for any negligence, but only up to the amount of the foreseeable damage. The above limitations of liability also apply to companies affiliated with the provider and to personal liability of employees, representatives, shareholders and vicarious agents of the provider and/or companies affiliated with the provider.

 

9. Rights to the Database

All rights (copyrights, trademarks and other industrial property rights) to the database work, the database and the content, data and other elements are held by the provider. Any rights of the members to the content posted by them remain unaffected.

Copyright notices or other property rights notices on the Famez website may not be changed. The contents of our database may not be used to set up your own database or for commercial data exploitation or the provision of information.

The integration or other linking of the database or individual elements of the database with other databases or meta-databases is not permitted.

Any form of publication (in particular duplication, distribution, making publicly available, broadcast or reproduction on image or sound carriers) of film recordings and/or screenshots of the Famez website (in whole or in part) is prohibited unless the provider has given its consent. In the event of violations, the provider will take appropriate civil and criminal action.

10. FINAL PROVISIONS

For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).

Place of jurisdiction Berlin: August 2nd, 2022