Terms of Service
TERMS OF SERVICE - AGREEMENT
Last Updated: April 22, 2022
AA Entertainment Ltd, (the “Company”), welcomes you to okfans.com (the “Website”). It is important to the Company that you and other visitors have the best possible experience while using the Website, and that, when you use the Website, you understand your legal rights and obligations. Please read this agreement, which governs your use of the Website, including any content, functionality, and services offered on or through the Website. Your access to the Website is on the condition that you agree to this agreement. If you do not want to agree to this agreement, you must not access the Website.
1.1 OKfans is operated by AA Entertainment Ltd, with company registration number: C95383 and registered address: 152, OFFICE NO. 9, NAXXAR ROAD, SAN GWANN SGN9030, MALTA.
1.3 This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
1.4 We reserve the right to make changes to these Terms at any time and at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. By continuing to use OKfans after such notice, you agree to these Terms as modified. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
1.5 By using OKfans you consent to receiving communications from us electronically, including emails and messages posted to your OKfans account. You acknowledge and agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to withdraw our consent to receiving communications from us at any time, please email [email protected], notifying us of your withdrawal of consent.
1.6 We do not own User Content on OKfans and views expressed by Users on OKfans do not represent the views of OKfans. All User Content transactions and interactions on OKfans are between Users and at no point does OKfans become a party to any transaction or interaction between Users.
1.7 We reserve the right at any time and without notice to:
• 1.7.1 modify, suspend or terminate OKfans or any portion thereof;
• 1.7.2 restrict, limit, suspend or terminate your access to OKfans or any portion thereof;
• 1.7.3 delete any content you post on OKfans if in our reasonable opinion it does not comply with these Terms and/or applicable law;
• 1.7.4 monitor your use of OKfans (including any content or message you post or broadcast on OKfans) to verify compliance with these Terms and/or any applicable law;
• 1.7.5 investigate any suspected or alleged misuse or unlawful use of OKfans and cooperate with law enforcement in such investigation;
• 1.7.6 disclose information about your use of OKfans in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order; or
• 1.7.7 change the payment or payout processor that enables you to make or receive payments as a User.
1.8 From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users.
2. How It Works
2.1 OKfans is a social media platform that lets you create a User profile, which in turn allows you to:
• 2.1.1 upload and post photos and videos for access by your Fans and/or
• 2.1.2 subscribe to another User’s profile to view their otherwise restricted photos
2.2 The term "User" refers to all users, whether using the Website to earn money or to subscribe to others.
2.3 The term "User Content" means any and all media uploaded by Users.
3. Account Registration
3.1 To register and create an account on OKfans, you must provide a valid email address, a username, and a password and/or a valid Twitter or Instagram account. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.
3.3 If you are looking to subscribe to other profiles you will need to add a payment card. When adding a payment card, your card information is stored by a payment processor. However, as far as legally possible, OKfans reserves the right to change the payment processors it uses at any time and without notice to you. OKfans does not store any payment card information.
3.4 If you are looking to earn money from other Users subscribing to your profile, you will need to add a bank account and upload a valid form of ID. You may also need to submit additional legal information, such as a W-9 if you are resident in the United States of America (the exact information required will depend on your country). Your earnings will be paid into your bank account, via one of our payout processors or via direct bank wire.
3.5 By registering on OKfans, you confirm that:
3.5.1 all account registration, profile information and content you provide is your own information and the content is truthful and accurate;
3.5.2 if you previously had an account with OKfans, your old account was not terminated or suspended by OKfans for violation of these Terms;
3.5.3 you will not use any third party payment processors to accept payments for subscriptions, or any other service, via OKfans;
3.5.3 you register on OKfans for your own personal use and you will not sell, rent or transfer your account to any third party; and
3.5.4 OKfans reserves the right, at any time, to verify the information which you provide to us as well as your compliance with these Terms and to suspend your account if it is unable to do so to its reasonable satisfaction.
3.6 You are fully responsible for any and all activities that occur on your account and you are responsible for keeping your login details confidential and secure. You agree not to disclose these details to any other person or entity and immediately notify us at [email protected] if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
3.7 We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time and at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
4. Subscriptions, Tips, Purchases and Payment of Revenue
4.1 To access another User's content on OKfans, you must first add a payment card to your account and then click the 'Subscribe' button on that User's profile. All purchases are final and non-refundable. However, you may cancel your subscription at any time by clicking unsubscribe located under the relevant User profile or by contacting us at [email protected], which will allow you to access the User's profile until the end of the existing billing period, where you will lose access to the content and not be re-billed.
Recurring Billing (Subscriptions): If you purchase any automatically renewing subscriptions, you hereby authorize the Company or its payment processor to charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and the Company is unable to charge you on the next billing period, the Company may immediately revoke your access to any subscription you have purchased until you update your payment method. If you fail to update your payment method within a reasonable amount of time, the Company may cancel your subscription.
Tips: Tipping is enabled for OKfans creators when an account has five posts or more. Whether an account is free or has a subscription price, there are a number of ways fans can tip creators on OKfans. All purchases are final and non-refundable.
• If fans want to show appreciation for a particular post, they can tip the creator on that post.
• Fans can send OKfans creators tips through direct messages. This shouldn’t be confused with pay-per-view messages, in which fans pay to unlock content sent in a message.
• If a fan finds themselves wanting to tip a creator for no particular reason other than showing general appreciation, they can go to that creator’s profile and send a tip there.
The amount of tips a user can send to creators is limited to a maximum of 20% of the amount spend by the user on OKfans. The Minimum amount users can tip creators is $5.
4.2 Payment of Revenue: If a User uploads content (an "Uploading User") then, subject to that User complying with these Terms, that User is entitled to 80% of the revenue generated by other Users who subscribe to the uploading User's content. Payment will be made by or on behalf of OKfans to the uploading User.
5.1 All purchases made on okfans.com are final and non-refundable. You are entitled to cancel any subscription, for any reason and at any time, thereby ensuring that you will not be billed again for that subscription.
5.2 Any purchase made on OKfans resulting in a chargeback will cause the User’s account to be immediately and permanently excluded from OKfans. Additionally, the chargeback amount will be removed from the earning Creator's income.
6. Account Deactivation
6.1 Should you wish to deactivate your OKfans account, please contact OKfans customer support at [email protected] to submit your deactivation request. We will deactivate your account within 10 working days after receiving your request.
7. Intellectual Property Rights
7.1 Other than User Content, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
7.2 You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:
• 7.2.1 your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
• 7.2.2 you may store files that are automatically cached by your Web browser for display enhancement purposes; and
• 7.2.3 you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
7.3 If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
7.4 Other than User Content, no right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
7.5 The OKfans name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
8.1 Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited licence to use our website for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of OKfans other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us.
8.2 We do not warrant that OKfans is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not OKfans is compatible with your device. From time to time we may make updates to OKfans and will make such updates available through the website.
9. Acceptable Use
9.1 We require that all Users respect and comply with these Terms below, at all times, when using OKfans.
9.2 You may not:
• 9.2.1 use OKfans other than for your own lawful and personal use in accordance with these Terms;
• 9.2.2 impersonate us, one of our employees, another User, or any other person or entity or falsely state, suggest or otherwise misrepresent affiliation, endorsement, sponsorship between you and any other person or entity;
• 9.2.3 falsify account registration information, or make unauthorized use of another's information or content;
• 9.2.4 use OKfans in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
• 9.2.5 copy, reproduce, distribute, modify, or create derivative works from, any portion of OKfans without our express written permission;
• 9.2.6 use OKfans for the purpose of depicting a minor in a sexual or suggestive way, or exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• 9.2.7 transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
• 9.2.8 engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or Users of the Website or expose them to liability;
• 9.2.9 create, upload, post, display, publish or distribute User Content that:
(a) is obscene, illegal, fraudulent, defamatory, libelous, hateful, discriminatory, threatening or harassing, or in any way incites violence or any of the aforemnetioned prohibitions;
(b) violates another's copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image or other identity of another without proper consent);
(c) promotes or advertises escort services;
(d) promotes or advertises firearms or other weapons, tobacco, drugs, or drug paraphernalia;
(e) promotes any illegal activity, or advocates, promotes, or assists any unlawful act;
(f) causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person;
(g) involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising;
(h) gives the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case;
(i) Promote, depict, or discuss any of the following:
2. Child exploitation or abuse;
5. Rape or nonconsensual sex;
8. Sexual assault;
9. Extreme violence;
10. Nonconsensual pain;
15. Erotic asphyxiation;
18. Sadomasochistic abuse;
19. Hardcore bondage;
20. Extreme fisting;
21. Genital mutilation;
23. Urine, scatological, or excrement-related material;
24. Enema play;
26. Menstrual bleeding; or any other matter that would be considered obscene under the applicable community standards.
27. Contain unsolicited sexual content or unsolicited language that sexually objectifies another person in a nonconsensual way or contains fake or manipulated sexual content concerning another person (including “deepfakes”).
28. Promote, depict, or constitute “revenge porn” (being any sexually explicit material featuring any individual who has not given prior, express, and fully informed consent to that material (i) being taken, capture, or otherwise memorialized; or (ii) being posted and shared on the Website or the Interactive Services).
• 9.2.9 act in an abusive manner towards any other user or employee of the Website;
• 9.2.11 remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained in any User Content that you do not own;
• 9.2.12 use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
• 9.2.12 decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of OKfans;
• 9.2.14 interfere in any way with the operation of OKfans or any server, network or system associated with OKfans, including, without limitation: hacking, mail- bombing, flooding, overloading, or making "denial of service" attacks; probing, scanning or testing the vulnerability of the app or any server, network or system associated with the app; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another user's account that you are not expressly authorized to access;
• 9.2.15 use OKfans for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, monitoring the app's availability, performance or functionality, or for any other competitive purposes;
• 9.2.16 use any automated program, tool or process (including without limitation, web crawlers, robots, bots spiders, and automated scripts) to access OKfans or any server, network or system associated with OKfans, or to extract, collect, harvest or gather content or information from OKfans; or
• 9.2.17 make any other use of OKfans that violates these Terms or any applicable law.
9.3 Any content posted that is reported by another User or OKfans, and that is deemed unacceptable by OKfans, will be deleted and the User notified via email. Users who repeatedly violate our Acceptable Use policy may be deactivated. If we become aware that an OKfans User is underage, we will promptly deactivate that User's account and delete all information and content of that User from OKfans. If you are a parent or legal guardian and become aware that your minor-child has registered on OKfans, please immediately notify us at [email protected].
9.4 We do not allow images of unaccompanied minors, as you must be over the age of 18 to use OKfans. If you want to post photos of your children, please make sure that you are in the photo as well. If you see a profile that includes an unaccompanied minor, please report it immediately.
9.5 By registering an account with OKfans, you represent and warrant that:
• 9.5.1 you are at least 18 years of age;
• 9.5.2 you will fully comply with these Terms;
• 9.5.3 you accept full responsibility for the use of OKfans on any device,
whether or not it is owned by you;
• 9.5.4 you accept full responsibility for any User Content created or provided by
• 9.5.5 your use of OKfans will not violate these Terms or any applicable law.
9.6 If you are using OKfans on behalf of a business or other entity, you warrant that you are authorised to grant all the licences stipulated in these Terms and that you are authorised to bind the business or other entity to these Terms.
10. User Content
10.1 By creating and publishing User Content on OKfans, you authorize your Fans to access and view (without downloading or copying) your User Content on OKfans for their own lawful and personal use. You also represent, warrant and undertake that:
• 10.1.1 you own, have a valid license to, or otherwise control all rights in and to your User Content;
• 10.1.2 to the extent your User Content includes or utilizes any third-party property, you have secured all rights, licenses, consents and releases that are necessary for the use of such third-party property in your User Content; and
• 10.1.3 your User Content is non-confidential and will be made available to your Fans on okfans.com.
10.2 You grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
10.3 You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
10.4 You shall indemnify us, our licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your User Content.
10.5 We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.
10.6 Upon signing up to okfans.com, you also agree to act as custodian of records for the content that you upload to okfans.com.
10.7 Any questions regarding User Content can be addressed by emailing [email protected].
11.1 To comply with the U.S. Digital Millennium Copyright Act (Title 17, United States Code) ("DMCA"), we will respond to proper notifications of claimed copyright infringement and will take appropriate action including removing or disabling access to the allegedly infringing User Content and, if deemed appropriate by OKfans, terminating the account of the User who published the content.
11.2 To notify us of claimed copyright infringement, please contact our customer support team by email at [email protected]
11.3 Under the DMCA, a notification of claimed copyright infringement must include all of the following:
11.3.1 a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
11.3.2 identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
11.3.3 identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
11.3.4 information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; 11.3.5 a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
11.3.6 a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
11.3.7 A DMCA counter-notification must include all of the following:
• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was
removed or access to it was disabled;
• A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and your name, address, and telephone number and a statement that you consent to the jurisdiction of which you are located and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
11.4 If we receive a proper counter-notification from you, we will notify the party alleging copyright infringement and will reinstate your User Content that was removed or disabled within 30 business days following our receipt of your counter-notification, unless the party alleging copyright infringement notifies us first that it/he/she has filed a court action against you.
11.5 Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.
12. Linking to the Website and Social Media Features
12.1 You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
12.2 The Website may provide certain social media features that enable you to:
• 12.2.1 link from your own or certain third-party websites to certain content on the Website;
• 12.2.2 send emails or other communications with certain content, or links to certain content, on the Website;
• 12.2.3 cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
12.3 You may use these features solely as they are provided by us, solely with respect to the content they are displayed with. However, you must not:
• 12.3.1 establish a link from any website that is not owned by you;
• 12.3.2 cause the Website or portions of it to be displayed on, or appear to be
displayed by, any other site, for example, framing, deep linking, or in-line linking;
• 12.3.3 link to any part of the Website other than the homepage; or
• 12.3.4 otherwise take any action with respect to the materials on this Website
that is inconsistent with any other provision of these Terms.
12.4 You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. 12.5 We may disable all or any social media features and any links at any time without notice in our discretion.
13. Links from the Website
13.1 If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in
advertisements, including, without limitation, banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
14. Referral Program
14.1 Every user with an OKfans account has a unique referral URL that allows users to earn income from any other user who signs up via their referral link. In order to ensure the referral is successful, the new user must register with OKfans using the same browser that they used to click the referral link.
14.2 OKfans pays Users who refer other Users 5% of all total income earned by the referred User and the payment of this referred income is processed on the first calendar business day of each month. This referral income is deducted from the OKfans' fee and not from the income of the referred User.
14.3 For a User to be successfully added to another User's referral program, that user must sign up to OKfans via a unique referral URL. In no event will OKfans be liable to add a user to a referral account if that user has not signed up via the correct referral link.
14.4 Users may not use Google Ads to impersonate OKfans with the intention to refer other Users.
15. Disclaimer of Warranties; Limitations of Liability
By using OKfans, you acknowledge and agree as follows:
• 15.1.1 OKfans and all of its services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim any and all warranties, express or implied, with respect to OKfans and all of its services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose. We do not warrant or guarantee the accuracy, usefulness, completeness or reliability of OKfans, or the results of your use of OKfans. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We also do not warrant or guarantee that OKfans and all of its services and features will be available at any particular time or location; that OKfans and all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that OKfans and all of its services and features will be free of viruses and other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it. Your use of OKfans and its services and features will be solely and entirely at your own risk. the foregoing does not affect any warranties that cannot be excluded or limited under applicable law;
• 15.1.2 OKfans does not warrant or guarantee that use of the Website will be uninterrupted or error free twenty-four hours a day, seven days a week, since OKfans may need to carry our maintenance of the Website from time to time.
15.1.3 in no event shall OKfans be liable under contract, tort, negligence, strict liability or any other legal or equitable theory, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, and without limitation, loss of use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to your use of (or your inability to use) OKfans or any of its services or features, nor shall OKfans be held liable in the event your User Content is illegally distributed by another User, however where such distribution does occur please contact us at [email protected] as we are happy to help prevent continuance of such distribution where we are reasonably able to do so.
16. User indemnification
16.1 By using OKfans, you agree to indemnify and hold harmless us and our employees, agents, representatives, successors and assigns from and against any and all claims, demands, causes of action, actions, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising out of or related to any of the following:
• 16.1.1 your use of OKfans or any of its services or features;
• 16.1.2 any User Content created, published, or otherwise made available on OKfans by you;
• 16.1.3 any transaction or interaction between you and any other User of OKfans; and/or
• 16.1.4 your violation of these terms or any applicable law.
17. Governing Law and Dispute Resolution
17.1 You and we agree that these Terms shall be governed by and construed in accordance with the laws of Malta (without regard to the conflict of laws provisions thereof) and that any dispute between you and us concerning OKfans or arising out of or related to these Terms shall be resolved exclusively in the courts of Malta,
17.2 Except where prohibited by applicable law, any claim or cause of action by you concerning OKfans or arising out of or related to these Terms must be filed within one year after such claim or cause of action arose, or be forever barred.
18. Waiver and Severability
18.1 No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
18.2 If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
19. REFERRAL PROGRAM TERMS
These Referral Program Terms are additional terms which apply if you use the Okfans Referral Program. These Referral Program Terms form part of your agreement with us.
"Referring User" is also referred to as "you" or "your" in these Referral Program Terms;
"Referred Creator" means the person who joins Okfans as a Creator via the Referring User's unique referral link.
What is the Okfans Referral Program? Okfans offers a referral program by which existing Users can introduce people who are interested in becoming Creators to Okfans and receive referral payments from Okfans which are calculated and limited as described in these Referral Program Terms.
The Okfans Referral Program is operated by AA Entertainment Ltd, with company registration number: C95383 and registered address: 152, OFFICE NO. 9, NAXXAR ROAD, SAN GWANN SGN9030, MALTA.
1. The rules of the Okfans Referral Program:
1.1 Only Users of Okfans with a current User account can participate in the Okfans Referral Program. If a User's account has been suspended or terminated by us for any reason or deleted by the User, that User will not be eligible to participate in the Okfans Referral Program.
1.2 You will need on your User account page to add a bank account or a payment method details of your bank account or a payment method in order to receive referral payments under the Okfans Referral Program.
1.3 Each User has a unique referral link (which can be accessed via the User's User account) which the User may share with others. When sharing your unique referral link you must not impersonate Okfans or give the impression that your referral link is being shared or promoted by us. You must not use Google Ads or any similar advertising platform or search engine advertising service to share or promote your unique referral link. Upon our request, you must disclose the methods by which you share your unique referral link in the Bio/Website field of your Okfans account.
1.4 The Referred Creator must click on your unique referral link and then register with Okfans using the same browser that they used to click on your unique referral link. If someone registers with Okfans other than by using your unique referral link, we will not link that account to your referral and no referral payments will be made to you.
1.5 The Referred Creator must not have opened a User account with Okfans (whether under the same name or another name) before clicking on your unique referral link. If the Referred Creator is currently or has previously been a User of Okfans no referral payments will be made to you for the referral.
If the Referred Creator sets up more than one User account referral payments will be made to you on the earnings made by the Referred Creator from their first User account only. No referral payments will be made to you on any further User accounts set up by the Referred Creator.
1.6 No referral payments will be made to you on any referral of a Referred Creator which we determine is owned or operated by you, or is in a commercial relationship with you. You will provide any information which we request to enable us to determine whether the Referred Creator is owned or operated by you or if there is a commercial relationship between you and the Referred Creator.
1.7 You agree that when promoting Okfans in any way as a Referring User:
1.7.1 you will not give a false impression of Okfans, the services, programs, and content (including Content) made available through Okfans, its Users or the Terms of Service; and
1.7.2 you will not make any statements which suggest to a potential Creator that the potential Creator will make a particular sum of money (or any money) from their use of Okfans, or any statements regarding the likely number of Fans.
2. Referral payments
2.1 How are referral payments calculated? Once a Referred Creator has become a registered User of Okfans in accordance with the rules of the Okfans Referral Program described above, the Referring User will be paid a referral payment equal to five per cent (5%) of Fan Payments generated by the Referred Creator in the twelve months after the date on which the Referred Creator becomes a registered User of Okfans, up to a maximum referral payment by Okfans to the Referring User of USD $100,000 per Referred Creator.
2.2 It is illegal for us or for a participant in the Okfans Referral Program (including Referring Users and Referred Creators) to persuade anyone to make a payment by promising benefits from getting others to join the Okfans Referral Program.
2.3 Do not be misled by claims that high earnings are easily achieved from participation in the Okfans Referral Program.
2.4 Choosing a payout method to receive referral payments: In order to be able to receive referral payments you must first choose one of the payout methods provided by Okfans in your country of residence. These methods are called "Payout Options".
2.5 How frequently are referral payments made? The referral payment due to you on Fan Payments made to the Referred Creator in a calendar month will be transferred to you on or around the first day of the next calendar month (which means, for example, that referral payments due to you in respect of Fan Payments made to the Referred Creator in March shall be paid to you on or around 1 Aprill).
3. Our rights relating to the referral program.
3.1 If referral payments have been made incorrectly then we have the right to recover the wrongly paid sums from the User to whom the wrongly paid sums have been paid.
3.2 We may request you or Referred Creators (or both) to provide us with ID and other information reasonably required by us to verify any referral payment to be made and the person to whom any referral payment should be made. Failure to provide any information requested by us may lead to you losing your entitlement to referral payments in respect of the relevant Referred Creator.
3.3 We may change any aspect of the Okfans Referral Program (including how referral payments are calculated) or discontinue the Okfans Referral Program at any time, but no change will deprive any Referring User of referral payments already earned based on Fan Payments made to Referred Creators before the changes came into effect.
4. Circumstances in which we may withhold referral payments:
4.1 We may withhold all or any part of the referral payments due to you but not yet paid out:
4.2 if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
4.3 if you attempt or threaten to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
4.4 if we suspect that all or any part of the referral payments due to you result from unlawful or fraudulent activity, either by you, by the Fan who made the Fan Payment to the Referred Creator which resulted in the referral payment, or by the Referred Creator to whom the Fan Payment was made which resulted in the referral payment, for as long as is necessary to investigate the actual, threatened or suspected breach(es) by you or the suspected unlawful or fraudulent activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) all or any part of referral payments due to you result from unlawful or fraudulent activity, we may notify you that you have forfeited all or any part of your referral payments.
4.5 We may also withhold all or any part of the referral payments due to you but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on, referral payments. We undertake no duty to pay referral payments to third-party lienholders and may withhold payment of Creator Earnings until the lien has been removed.
4.6 We shall not have any responsibility to you if we withhold or forfeit any payment due to you under the Okfans Referral Program where we have a right to do so under these Referral Program Terms.
4.7 If we are withholding all or any part of the referral payments due to you and we determine that part of the referral payments withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity, then we may arrange for you to be paid the part of the referral payments which is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all referral payments due to you but not yet paid and we may set off such amounts against any losses suffered by us.
20. This Terms of Service Agreement ("Agreement") is entered into between Okfans ("Platform") and the creator ("Creator") engaging in the sale of physical products on the Okfans platform. By using the Platform, the Creator agrees to abide by the following terms and conditions:
Product Sales and Shipping Responsibility: a. Creators are solely responsible for the sale, packaging, and shipment of their physical products to customers who make purchases through the Platform. b. Creators must ensure that the physical products listed on Okfans are accurately described, properly priced, and comply with all applicable laws and regulations. c. Creators shall provide accurate and up-to-date information regarding product availability, estimated shipping times, and any potential delays or limitations in fulfilling orders.
Timely Shipping and Delivery: a. Creators must ship products promptly and within a maximum of 10 business days from the date of purchase, unless explicitly stated otherwise in the product listing or agreed upon with the customer. b. Failure to ship the product within the specified timeframe may result in a negative impact on the Creator's reputation and may lead to further consequences, including termination of the Creator's selling privileges on Okfans.
Refund Policy: a. In the event that a Creator fails to ship a purchased physical product within 10 business days, Okfans reserves the right to initiate a refund process on behalf of the customer. b. Okfans will refund the customer's payment using the original payment method within a reasonable timeframe after verifying the shipping delay.
Prohibited Products: a. Creators are not allowed to sell or offer for sale the following products on Okfans, which includes but is not limited to:
- Weapons, firearms, or ammunition
- Illegal drugs or substances
- Counterfeit goods or unauthorized replicas
- Stolen or illegally obtained items
- Hazardous materials or substances
- Products infringing upon intellectual property rights
- Products violating privacy or data protection laws
Indemnification: a. Creators shall indemnify and hold Okfans, its affiliates, employees, and agents harmless from any claims, losses, damages, liabilities, and expenses (including legal fees) arising out of or in connection with their sale and shipment of physical products on Okfans.
Modification and Termination: a. Okfans reserves the right to modify or terminate this Agreement or any part thereof at any time, with or without prior notice, at its sole discretion. b. In the event of termination, Okfans may provide reasonable assistance to Creators in facilitating the orderly conclusion of pending transactions.
By continuing to sell physical products on Okfans, the Creator acknowledges and agrees to be bound by these terms as outlined in this Terms of Service Agreement.
21. Entire Agreement
21.1 The Terms constitute the sole and entire agreement between you and us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
If you have any questions, comments, complaints or concerns about OKfans, please contact our support team at [email protected]
Address: 52, OFFICE NO. 9, NAXXAR ROAD, SAN GWANN SGN9030, MALTA.