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(Last amended: 10/02/19)
1.1 AnoukSam.com accessed at www.anouksam.com (“AnoukSam” or the “Website“) is a social media website and application service that allows users to upload photos and videos to their profile, setting a monthly subscription price and therefore earning money from any paying subscribers (“Fans“). AnoukSam is operated by McCandless Group, LLC and is governed by the laws of the United States.
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 AnoukSam 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 AnoukSam you consent to receiving communications from us electronically, including emails and messages posted to your AnoukSam 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 firstname.lastname@example.org, notifying us of your withdrawal of consent.
1.6 We do not own User Content on AnoukSam and views expressed by Users on AnoukSam do not represent the views of AnoukSam. All User Content transactions and interactions on AnoukSam are between Users and at no point does AnoukSam become a party to any transaction or interaction between Users.
1.7 We reserve the right at any time and without notice to:
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 AnoukSam is a social media platform that lets you create a User profile, which in turn allows you to:
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 AnoukSam, you must provide a valid email address, a username, and a password or a valid Twitter 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, which is called Stripe; or if you are subscribing to a profile containing sexually explicit content, your card information is stored by a different payment processor, CCBill. However, as far as legally possible, AnoukSam reserves the right to change the payment processors it uses at any time and without notice to you. AnoukSam 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. With exception to those Users seeking payment via direct bank wire, AnoukSam does not store any bank account information, which is stored by our by our third party payout processors.
3.5 By registering on AnoukSam, you confirm that:
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@example.com if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure 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, Purchases and Payment of Revenue
4.1 To access another User’s content on AnoukSam, you must first add a payment card to your account and then click the ‘Subscribe’ button on that User’s profile. You may cancel your subscription at any time by turning off the ‘Auto-Renew’ switch located under the relevant User profile or by contacting us at firstname.lastname@example.org, 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.
4.2 All purchases of physical goods in the Shop will ship within 3 business days.
5. Refunds, Returns/Exchanges, Cancellations
5.1 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 However, any purchase made on AnoukSam and subsequently subject to a chargeback will result in the User’s account being immediately and permanently excluded from AnoukSam.
5.3 There are no returns/exchanges on any merchandise/services purchased from the Shop section of the site. Refunds on orders that have yet to be shipped are handled on a case-by-case basis by CCBill’s Consumer Support Department. Unfortunately we are unable to cancel an order that has not yet shipped.
6.1 AnoukSam allows Users to connect a Twitter account and to post auto-tweets. By using this feature, you must fully comply with and respect Twitter’s Terms of Service, which can be read in full here: https://twitter.com/tos
7. Account Deactivation
7.1 Should you wish to deactivate your AnoukSam account, please contact AnoukSam customer support at email@example.com to submit your deactivation request. We will deactivate your account within 10 working days after receiving your request.
8. Intellectual Property Rights
8.1 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.
8.2 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:
8.3 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.
8.4 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.
8.5 The AnoukSam 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.
9.1 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 AnoukSam other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us.
9.2 We do not warrant that AnoukSam is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not AnoukSam is compatible with your device. From time to time we may make updates to AnoukSam and will make such updates available through the website.
10. Acceptable Use
10.1 We require that all Users respect and comply with these Terms below, at all times, when using AnoukSam.
10.2 You may not:
(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;
10.3 Any content posted that is reported by another User or AnoukSam, and that is deemed unacceptable by AnoukSam, 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 AnoukSam User is underage, we will promptly deactivate that User’s account and delete all information and content of that User from AnoukSam. If you are a parent or legal guardian and become aware that your minor-child has registered on AnoukSam, please immediately notify us at firstname.lastname@example.org.
10.4 We do not allow images of unaccompanied minors, as you must be over the age of 18 to use AnoukSam. 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.
10.5 By registering an account with AnoukSam, you represent and warrant that:
10.6 If you are using AnoukSam 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.
11. User Content
11.1 By creating and publishing User Content on AnoukSam, you authorize your Fans to access and view (without downloading or copying) your User Content on AnoukSam for their own lawful and personal use. You also represent, warrant and undertake that:
11.2 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.
11.3 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.
11.4 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.
11.5 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.
11.6 Upon signing up to AnoukSam.com, you also agree to act as custodian of records for the content that you upload to AnoukSam.com.
11.7 Any questions regarding User Content can be addressed by emailing email@example.com.
12.1 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 AnoukSam, terminating the account of the User who published the content.
12.2 To notify us of claimed copyright infringement, please contact our customer support team by email at firstname.lastname@example.org
12.3 Under the DMCA, a notification of claimed copyright infringement must include all of the following:
12.4 If we remove or disable access to your Content in response to a DMCA notification of claimed copyright infringement, we will make reasonable efforts to notify you, and you may make a counter-notification in writing with our Designated Agent listed above.
12.5 A DMCA counter-notification must include all of the following:
12.6 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.
12.7 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.
13. Linking to the Website and Social Media Features
13.1 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.
13.2 The Website may provide certain social media features that enable you to:
13.3 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:
13.4 You agree to cooperate with us in causing any unauthorised framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
13.5 We may disable all or any social media features and any links at any time without notice in our discretion.
14. Links from the Website
14.1 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.
15. Referral Program
15.1 Every user with an AnoukSam 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 AnoukSam using the same browser that they used to click the referral link.
15.2 AnoukSam 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 AnoukSam’ fee and not from the income of the referred User.
15.3 For a User to be successfully added to another User’s referral program, that user must sign up to AnoukSam via a unique referral URL. In no event will AnoukSam be liable to add a user to a referral account if that user has not signed up via the correct referral link.
15.4 Users may not use Google Ads to impersonate AnoukSam with the intention to refer other Users.
16. Disclaimer of Warranties; Limitations of Liability
By using AnoukSam, you acknowledge and agree as follows:
16.2 Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitation may not apply to you. In such case, our total and aggregate liability to you arising out of or related to your use of (or your inability to use) AnoukSam or any of its services or features shall be limited to the maximum extent permitted by law or, if no amount is specified, one hundred pounds sterling (£100.00).
17. User indemnification
17.1 By using AnoukSam, 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:
18. Governing Law and Dispute Resolution
18.1 You and we agree that these Terms shall be governed by and construed in accordance with the laws of England and Wales (without regard to the conflict of laws provisions thereof) and that any dispute between you and us concerning AnoukSam or arising out of or related to these Terms shall be resolved exclusively in the courts of England and Wales.
18.2 Except where prohibited by applicable law, any claim or cause of action by you concerning AnoukSam 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.
19. Waiver and Severability
19.1 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.
19.2 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.
20. Entire Agreement
20.1 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’d like to cancel your subscription and not to be billed again, please contact email@example.com or contact CCBill at (https://support.ccbill.com/) via live chat, phone 1.888.596.9279 email at firstname.lastname@example.org.
22. Used Clothing
All used clothing has been properly laundered before shipping.
If you have any questions, comments, complaints or concerns about AnoukSam, please contact our support team at email@example.com