Terms and Conditions

TERMS OF USE

INTRODUCTION

Lexington Online Services, a limited liability company incorporated according to the laws of the State of Wyoming, of its registered address in 101 Sixth Ave. Suite: 900, New York, New York 19913 (“Company”, “us”, “we”, or “our”) owns and operates www.livefansonly.com (“LiveFansOnly” or “Website”), a paywall social media platform that allows adult creators to create live and uploaded premium Content either by themselves or in groups supervised by their Managers and to make accessible the Content to the creators’ adult customers through a pay-to-access feature of the Website. In these Terms of Use (“Terms”), any reference to “you”, “your”, or “User” shall refer to all the users of the Website, including the Performers, Managers, and the Customers.
These Terms as well as the Terms specific to each of the Users of the Website (collectively “Terms”) form a binding and enforceable agreement between the Company and the Users of the Website. It is extremely important that you read these Terms governing your access and use of LiveFansOnly, including, without limitation, the Content on the Website, the functionality, and the overall services available through your use of LiveFansOnly. By accessing and using LiveFansOnly, you hereby agree to be unconditionally bound by the Terms. You confirm that your access and use of the Website is voluntary and that you have the option of not accessing LiveFansOnly at all if you do not meet the conditions set or are not agreeable to the Terms.
We own no intellectual property rights in or to the Content posted on the Website by the Users. As such, views expressed by such Content are solely the views of the Users and do not in any way whatsoever represent the views of the Company. All the transactions between the Performers and the Customers are strictly between the Performers and the Customers. Other than offering the means of interaction between the Performers and the Customers, the Company is not a party between the transactions initiated and completed by the Performers and the Customers. Customers may access the Content for their information and personal use as is intended by the Website’s functionality and as permitted by the Terms.
We reserve the right to change these Terms on a need basis like to reflect changes in laws and regulations applicable to us. Each update to these Terms will be notified to you as and when practicably possible. As a User, however, you should regularly read these Terms to ensure that your access and use of LiveFansOnly complies with our current version of the Terms. Otherwise, your continued access and use of the Website will constitute an acceptance by you of our updated Terms. Should you not agree to the changes to these Terms, your sole remedy shall be to immediately cease your access to LiveFansOnly and its Content.
Pursuant to 47 U.S.C. § 230(d), you are hereby notified that as an adult, it is necessary that you make use of the commercially available parental control protections to help in limiting access by the minors to materials that are harmful to them on an Internet Access Device, including the Content of this Website. Information about the providers of these services are readily available on a simple internet search using keywords such as “parental control protections”. If minors have access to your Internet Access Device, we highly recommend that you limit their access to the adult-oriented materials by using parental control protection services such as CyberPatrol or any other related and readily available parental control software for the said purpose.
To make any inquiry with us regarding these Terms and/or the access and use of the Website, please send our support your message by email at Albert@park93entertainment.com. You can also write to us at the following address: 101 Sixth Ave. Suite: 900, New York, New York 19913. Be sure to include the particulars of your inquiry to allow us give you appropriate feedback in good time.

DEFINITION AND INTERPRETATION

In these Terms, unless the context otherwise requires, the following terms shall have the following meanings:

“Adult” means a person who has attained the age of 18 years or above or a person who has attained the age of majority under the laws applicable to the person, whichever is greater.
“Content” means any digital content posted on the Website by any User, including pictures, videos, audio, or text, livestream content, data, and any other materials whatsoever created or uploaded on LiveFansOnly by any of its Users.
“Customer” means any User of the Website whose account is created for the purposes of accessing the Content created by Performers.
“Customer Account” means an account registered by a Customer for the sole purpose of paying and accessing the Content created by Performers.
“Internet Access Device” means any device used to connect to the internet, including but not limited to a laptop, personal computer, and smartphone.
“Manager” means a person (whether natural or otherwise) overseeing a group of Performers in the Website’s Studio.
“Manager Account” means an account created by a Manager of a group of Performers with the purpose of creating premium Content through a feature of the Website called a Studio.
“Performer” means a User of the Website whose account on LiveFansOnly is created as a content-creation account with the ability to upload or perform premium Content on the Website for their Customers.
“Performer Account” means an account registered by a Performer with the intention of creating, selling, and earning from her Content.
“User” means the Performer, Manager, or the Customer (also called “you” or “your”) and collectively referred to as “Users”.
“Website” means LiveFansOnly website accessible through the URL www.livefansonly.com.

If any part of these Terms is declared unenforceable or invalid, the remainder of the Terms will continue being valid and enforceable.
The words “herein”, “hereof”, “hereunder,” and words of similar import, when used in these Terms shall refer to these Terms as a whole and not to any particular provision of these Terms.
The use herein of the word “including” following any general statement, term, or matter shall not be construed to limit such statement, term, or matter to the specific items or matters set forth immediately following such word or to similar items, or matters, whether or not non-limiting language (such as “without limitation”, “but not limited to”, or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement, term or matter. The word “or” as used herein is not exclusive and is deemed to have the meaning “and/or.”
The section headings contained in these Terms are for reference purposes only and shall nit affect in any way the meaning and interpretation of these Terms.

GENERAL PROHIBITIONS

Minors: The Website contains sex-explicit content exclusively created by adult Performers for the consumption of adult audience only. Because of its adult-oriented content, LiveFansOnly is not intended for minors for any purpose whatsoever. Any person who does not meet the criteria for being an adult as set in paragraph 2.1.1 above has no permission or authorization at all to access and/or use the Website.
Child Exploitative or Sexual Abuse Content: All the Users of the Website are prohibited from uploading, sharing, or otherwise making available on the Website any Content involving minors. We only allow Content created by consenting adult Performers for consumption by consenting adult audience. Should you come across any Content showing minors engaging in any sexual act within the Website, or any Content that is otherwise exploitative of children, we urge you to immediately report such Content to us via our contact page or by sending us an email at Albert@park93entertainment.com. For our ease of investigation and action, please include in your report all the necessary evidence including the username/screen name of the Performer, the date and time, and (if possible), a URL link to the said Content. We will immediately investigate and take an appropriate corrective action. Where the input of the law enforcement is necessary, we will offer them full support and cooperation in their investigation of the allegations of child exploitation.
Prostitution; Sex Trafficking: We prohibit the Users of LiveFansOnly from using the Website in any manner whatsoever intended to advance a criminal activity, including, without limitation, the use of the Website to engage in, aid or abet, promote, solicit, or facilitate any act of prostitution of another person, or using LiveFansOnly to engage in, aid or abet, promote, solicit, or facilitate any act of sex trafficking of another person. Should you come across any evidence of these activities on the Website or any other activity violative of these Terms or the law, please report it to us immediately through our contact page or by sending us an email at Albert@park93entertainment.com. Kindly include in your report a brief description of the incident including the usernames/screen names of the Users concerned, the date and time of the occurrence, and the evidence of the incident. Once notified, we will promptly investigate and take any corrective action, including the terminating the Users’ access and use of the Website and reporting them to the relevant law enforcement agencies for their lawful action.
Infringement: Users are prohibited from copying, reproducing, distributing, transmitting, broadcasting, displaying, selling, licensing, or otherwise exploiting any other User’s Content for any other purpose whatsoever without the prior written consent by us or by the owners of the intellectual property rights in and to the Content.

COVENANTS; FURTHER PROHIBITIONS; VIOLATIONS

Users are warned that LiveFansOnly contains sexually explicit Content that are unsuitable for children. Only adults may access the Website and interact with its Content. Any individual who does not meet the age requirement must not access the Website for any purpose whatsoever and if accessed, must exit immediately. By accessing LiveFansOnly, you state under penalty of perjury that the following facts are true to the best of your knowledge and belief:

That you are at least 18 years old, that you have attained the age of majority according to the laws of the jurisdiction where you are domiciled, and that you have the requisite legal capacity to be bound by these Terms.
That if you were previously having an account with us, the previous account was not terminated by us on grounds of violating any of our Terms of Use.
That you have read these Terms and the rest of our agreement with you, including our Privacy Policy, and agreed to be bound by them and to the processing of your personal data as more fully captured in our Privacy Policy.
That all the information you provided to us at the time of creating an account with us was accurate, complete, and verifiable.
That whenever there is a change to any of the information provided to us when joining LiveFansOnly, you will promptly update the said information to reflect your current information.
That you understand your local laws affecting your right to access of the Content on LiveFansOnly.
That you have voluntarily without any undue influence opted to access and use the Website.
That you will not have access to or use the Website in the presence of a minor, or otherwise make the access and use of LiveFansOnly available to a non-adult person.
That you will keep the login details of your account—including any other piece of information such as the security questions forming part of our security procedures—confidential and secure.
That whenever you suspect that your account has been compromised or someone has used or is using your account without your authorization, you will promptly contact our customer support via the contact form or email at Albert@park93entertainment.com.
That your access and the use of the Website does not in any way whatsoever violate the laws applicable to you.
That you will not in any way whatsoever use the Website to commit any crime, including creating or uploading child exploitative materials, or engaging in, aiding or abetting, promoting, soliciting, or facilitating any act of prostitution or sex trafficking.
That you will always log out of your account at the end of every session, and be careful when accessing the Website using your account from a public or shared computer to protect your account from getting information that they may use to gain unauthorized access to your account.
That you will not engage or encourage others to engage in any conduct intended to reverse engineer, decompile, disassemble, or otherwise attempt to find out the source code, except and only if that act is expressly allowed by the applicable law despite this limitation.
That you have the legal right to access sex explicit content and/or the right to create sex explicit Content.
That have no obligation whatsoever to follow any recommendations received from another User of LiveFansOnly and that if you choose to follow any such recommendations, you will be doing so entirely at your own risk.
That you will remain solely responsible for each and every activity on your account even if undertaken by an individual other than yourself.
That you are aware of the nature of the Content on LiveFansOnly and that you will not be offended by the Content, including the graphic visual depictions and descriptions of any sexual activity.
That you will not engage in any conduct intended to restrict or inhibit a lawful User’s use or enjoyment of the Website.
That you will not use LiveFansOnly in a manner that is likely to interfere with the use of the Website, including the User’s ability to engage in real-time activities through LiveFansOnly.
That you will not use any Information in an unauthorized manner and in violation of our intellectual property rights.
That you will not engage in or encourage others to engage in antisocial, disruptive, or destructive conduct, or engage or encourage others to engage in any other behavior intended to serve no particular purpose other than to harass, annoy, humiliate, or offend other Users.
That you will not impersonate or use the identity of a third party without that party’s consent, falsely claim affiliation with any party, misrepresent the source or identity of any information posted, uploaded, or shared through LiveFansOnly, or access or attempt to access the accounts of other Users without their authorization.
That you will not engage in or encourage others to engage in acts intended to manipulate the Website, including using unauthorized means to drive traffic to or inorganically generate engagements with your account or your Content.
That you will not circumvent, intentionally misuse, or otherwise engage in acts intended to interfere with the operations of the Company, any of LiveFansOnly Users’ enjoyment of their use of the Website, or any other security-related features whose purpose is to prevent, limit, or restrict the use or copying of any materials or that enforces limitation on the use of the Website by any means, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious codes, files, or programs intended to cause the interruption, destruction, or limitation of the Website, or monitor the functionality of any computer software or hardware or any Internet Enabled Device.
That you will not upload, share, or post Content that is:

harmful, inaccurate, threatening, abusive, vulgar, violent, inflammatory, harassing, menacing, scandalous, blasphemous, indecent, or racially or ethnically offensive in the eyes of a reasonable and objective person;
depicting a person who is not an adult;
intended to extort money or other benefits from a third party on condition that such Content will only be removed upon the meeting of the conditions of the extortionist;
likely to cause discomfort, inconvenience, annoyance, intimidation, alarm, distress, or embarrassment;
intended to vilify, humiliate, dehumanize, or incite hatred or fear against a group or persons based upon race, ethnicity, nationality, religion, sex, gender identity and expression, sexual orientation, age, disability, or health condition or disease;
encouraging, facilitating, or soliciting sexual activity involving minors, incest, bestiality, violence, kidnapping, rape, lack of consent, sexual assault, torture, asphyxiation, extreme or female genital mutilation, illegal prostitution or human trafficking, illegal or illicit drugs, suicide or self-harm, or any other behavior considered by the applicable law as obscene and/or unlawful; or
otherwise objectionable, or any Content that, in a reasonable and objective person’s judgment, is inappropriate.

Engaging in, or encouraging others to engage in, any act that is prohibited by the Terms will constitute a material breach of our agreement with you. Such an act may, in our reasonable and sole discretion, result in the immediate suspension or termination or your account with us without notice. In case of such a violation, we shall reserve the right to choose whether or not to release the revenues earned by you in the period leading to the violation. Whenever necessary, we may consider initiating legal proceedings in case of your violations of these Terms, including civil, criminal, or injunctive, so as to protect our interests as well as the interests of other Users of LiveFansOnly.

DISCLAIMER OF WARRANTIES

We do not offer any warranties whatsoever in your access and use of the Website. To the fullest extent permitted by law, we disclaim any such warranties, whether express or implied, with respect LiveFansOnly, including but not limited to the warranties of merchantability and fitness for any given purpose.
We offer no guarantee that LiveFansOnly and/or its Content will be available in your location. Whenever accessible, you shall have the sole responsibility of ensuring that your access and use of LiveFansOnly complies with all your local laws and regulations governing your access to the Website and its Content. Nor do we guarantee that LiveFansOnly will at all times be available to you or accessible without interruptions.
We do not warrant or guarantee that the results of your access and use of LiveFansOnly will be accurate, useful, complete, or reliable. We hereby disclaim any and all liability and responsibility that may arise from any reliance placed on the access and use of the Website by you or any other User of the Website, or by anyone who may be informed of the availability and nature of the Website.
We reserve the right to withdraw the Website or modify its features at any time and at our sole discretion without any notice to you. You agree not to hold us liable for the unavailability of LiveFansOnly at any time; whether or not such unavailability results into actual loss to you. You have the sole discretion of making arrangements needed for your access to the Website and its Content, including, without limitation, ensuring that your Internet Access Device has actual access to the Internet at your own cost.
From time to time depending on the needs of our Users, the need to improve the performance of the Website, the need to reflect our proposed changes, or for any other cause determined by us to be a good cause, we may change and/or update the Website. Whenever practicably possible, we will give you notice of any major changes or updates to the Website that may significantly affect your access and use of LiveFansOnly.
The access and use of the Website and its features will be solely and entirely at your own risk. We do not warrant that the Website will be secure, uninterrupted, or free from viruses and other harmful components. Neither do we guarantee that any defect will be corrected. To the fullest extent possible, you agree not to hold us liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your Internet Enabled Device.

ACCESS AND USE

Users can use the Website after first registering and creating a User account on the Website. To register, one may be prompted to provide a valid email address, a screen name, a username of their choice that is determined to be available for the User’s use, a password that complies with the technical requirements of passwords for Users’ accounts, gender, and the date of birth.
All the information provided when registering an account with LiveFansOnly must be valid. To register an account with LiveFansOnly, one must be an adult, must have the legal capacity to be bound by the Terms of the Website, and must be permitted by the laws of their jurisdiction to join LiveFansOnly and to create and/or view the Content available on the Website.

OUR RIGHTS; LIMITATION OF OBLIGATIONS

In order to protect our interests and create an enabling environment for the creation of Content by the Performers while also ensuring that the interests of all the Users are protected, we shall have the following rights regarding your access to the Website and its Content:

to suspend your account on our reasonable belief that your account has violated any provision of our Terms;
to confirm the veracity of any and all the information provided to us by you;
to at any time verify your compliance with these Terms and/or any other laws applicable to you;
to temporarily suspend your account for your failure to adhere to any conditions of these Terms or the laws applicable to you;
to suspend or limit access to any Content posted by you which in our reasonable opinion, violates the Terms of the Website or any other applicable laws while investigating the Content’s non-compliance with our Terms or the Law. A suspended access to a Content pending the outcome of our investigations cannot be reviewed and such Content will only be reinstated in cases where our investigations have determined that the Content is actually compliant with our Terms and the applicable laws.

Once the investigation process is complete and the Content is determined to be non-compliant, we may take any necessary action, including the termination of the User’s account for the violation. You agree to cooperate with us and that you will at your own cost offer us any reasonable assistance needed to investigate the alleged non-compliance to its logical conclusion.

You agree not to hold us responsible for any loss or damages suffered by you as a result of the suspension or termination of the access to your Content or as a result of any measure taken in good faith to investigate the allegations of non-compliance of your Content.

to, upon the issuance of a 30 days’ notice, terminate your agreement with us and your access and use of the Website for any reason and in our sole discretion;
to, immediately and without notice, suspend access to your account or terminate your agreement with us and your access and use of LiveFansOnly if, in our reasonable and informed opinion, you have or may have repeatedly violated any provision of our Terms, you have attempted or threatened to violate any provision of our Terms in a manner that could adversely affect our interests or the interests of any other User, or if you engage in any act that in our opinion has caused or is likely to make us or other Users suffer loss or harm. During suspension of your access to the Website, any earnings due to you during the suspension will be suspended or withheld at our sole discretion;
to, whenever necessary, offer our full cooperation to the law enforcement agencies in their investigation of a suspected misuse, abuse, or unlawful use of LiveFansOnly;
to, upon a sufficient notice to you, change the third-party payment providers used to process payments on LiveFansOnly;
to, other than the Content owned by or licensed to the Performers, the ownership of all the rights in and to the Website and its entire contents, features, databases, source code an functionality;
to disclose all the information available to us regarding your use of the Website to law enforcement authorities in relation to any investigation by the law enforcement authority of any alleged illegal activity, to protect our legal interests, or to respond to any legal process; and
to, upon the termination of your account, deal with your Content in any reasonable way or according to our Privacy Policy and you will no longer be entitled to access your Content as there exists no technical facility for your access of such Content after the termination of your access to LiveFansOnly.

During your use and access of LiveFansOnly, we undertake to use all the reasonable care and skill to make the Website available to you. Our obligations to you shall however be limited and shall not include the following obligations:

to moderate or review any of your Content to verify whether or not the same complies with our Terms or the applicable laws;
to restrict your Content from being viewed by people known to you whom you would otherwise wish to bar from interacting with your Content;
to permit or approve your Content on the LiveFansOnly. All Content is created, selected, and made available by Users and not by us. We have no responsibility whatsoever to review or moderate Content, and to select or modify the Content that is sorted or transmitted via LiveFansOnly;
an undertaking that the Performers or any of the creators of the Content will make any particular amount of money from their access and use of LiveFansOnly;
to make available internet for use by your Internet Access Devise, or to correct any issues in your connections, Internet Access Device, or software that may occur in relation to your access and use of LiveFansOnly;
a promise that the Website will be compatible with your Internet Access Device, its technology, or programs;
an undertaking that we will be responsible for the manner in which third parties or other Users of LiveFansOnly shall be interacting with your Content; and
a guarantee or promise that the materials shared via the Website will be accurate or that the Users will achieve any particular outcome from using the materials.

INTELLECTUAL PROPERTY RIGHTS

Ownership in and to the Website: We own and operate LiveFansOnly. All contents forming up the Website (excluding the Content), features, functionality, and other materials available on the Website, including, without limitation, the visual interfaces, software (including the source code and the object code), graphics, text, displays, images, photos, videos and audio, and the design, selection and arrangement of them (collectively, “Information”) are owned by us, our licensors, or other providers of those Information. All the applicable intellectual property laws, including copyright, trademark, patent, or trade secret laws protect all the Information available on the Website.
Ownership in and to the Content: All the intellectual property rights in and to the Content, including but not limited to copyright and trademark, are solely owned by you or if owned by a different person, you have obtained the necessary licenses giving you the right to upload, post, or share the Content on LiveFansOnly.
Grant of License to you: We hereby grant you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive, and limited license to access and use LiveFansOnly and the Information for the lawful purpose of creating and making available Content for your targeted Customers. This license does not in any way authorize you to reproduce, distribute, resell, modify, create derivative works or, publicly display, publicly perform, republish, download, transmit, or store any of the Information on the Website except as may be practicably reasonable for your access and use of LiveFansOnly and in a manner that respects our rights to the Website and the Information or the intellectual property rights of our licensors of the Information. Other than your Content, no right, title, or interest in or to LiveFansOnly or its Information is transferred to you, and all rights not expressly granted to you are reserved by us.
Grant of License to us: Since we do not own any intellectual rights in and to your Content, you agree to grant us a license under all your Content to allow us perform any act that would otherwise be restricted by any intellectual property rights in and to such Content for any purposes reasonably related to the operation of the Website. Based on the foregoing, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable, and transferrable license to the Content. Except in the limited circumstances like where we have resolved to sell the Company to a third party, the license granted to us by you herein does not include the right to sell your Content to other platforms or parties.
Enforcing your Intellectual Property Rights: Even though we do not own any rights in or to your Content, you hereby grant us the limited right of assisting you in the enforcement of your intellectual property rights. With this limited right, and subject to the U.S. Digital Millennium Copyright Act (Title 17, U.S.C.), we will (although we have no obligation) submit notifications of infringement on your behalf to any third-party website or service hosting or otherwise dealing with infringing copies of your Content without your permission. You however agree that we are under no obligation whatsoever to police any infringements of your Content. Should your consent be required in a suspected matter of infringement of your Content, you agree that you will not unreasonably withhold such consent. You further agree that where additional information will be required to submit a notification, you will promptly furnish us with all such information needed to send the infringement notification. If you have come across or suspect that a User of the Website or any other third party is infringing your Content, please submit a complaint to us via our contact form available on the Website or email us at Albert@park93entertainment.com.
Our Trademark: LiveFansOnly’s name, logo, and all related names, logos, product and service names, designs, and slogans are our trademarks or affiliates or licensors. You agree not to use such marks without of written authorization.

THIRD PARTY SITES

We may allow Users to connect to third party sites. By using this feature of the Website, Users must fully comply with the third party sites, which can be found on the relevant third parties’ websites. Any link to our Website via third-party social media accounts must be done in a manner that is fair and legal and must not do so in way that suggest that we are associated with the said third-party social media or that we have endorsed or approved them.
LiveFansOnly may contain links to third-party websites and resources, including, without limitation, in advertisements. If available, such links shall be provided for your convenience only. We absolutely have no control over the contents of such third-party websites and resources. You agree to defend and hold us harmless for any loss or damage that may arise as a result of your access to the third-party websites. You shall be accessing such websites at your sole discretion and at your own risk and subject to the terms and conditions of the access and use of such third-party websites.

INDEMNITY

You agree to recompense us, our subsidiaries, affiliates, licensors, service providers, employees, agents, officers, and contractors (collectively, “Indemnified Parties”) for any loss of the Indemnified Parties caused by any of the following acts:

your access and/or use of LiveFansOnly;
your Content posted, uploaded, or shared on LiveFansOnly;
your violation of these Terms or any other applicable laws, including, and not limited to, intellectual property laws;
your actual or alleged negligent, fraudulent, or deliberate conduct; or
your alleged or alleged criminal act.

Provided that no such indemnification shall be available to the Indemnified Parties where it is established that the loss resulted from the intentional misconduct of the Indemnified Parties.

GOVERNING LAW; DISPUTE RESOLUTION

Governing Laws: These Terms as well as any and all matters arising from these Terms shall be governed by and construed in accordance with the laws of the State of Wyoming without giving effect to the conflict of laws principles.
Jurisdiction and Venue: Save for disputes resolved through the alternative dispute resolution (ADR) methods provided herein, all disputes arising out of or relating to LiveFansOnly or these Terms will be subject to the exclusive jurisdiction and venue of the state or federal courts located in Wyoming State. Each of the parties hereto submits to the personal jurisdiction of the Wyoming Courts to resolve all disputes not subject to ADR, and waives any right to a different forum or venue on grounds of improper or inconvenient forum.
ADR

Good-Faith Negotiation: Prior to litigating any dispute arising out of or related to these Terms or LiveFansOnly, both parties shall allow the other reasonable opportunity to comply with any allegations of failure to comply with these Terms. The parties agree to first engage in good-faith negotiation in attempts at resolving all disputes between the parties; provided that no such attempts shall bar a party from electing to litigate in an action seeking injunctive relief or an action to compel compliance with the dispute resolution method set out hereunder.
Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms or LiveFansOnly shall, if cannot be resolved by good-faith negotiation, be settled by arbitration in accordance with the American Arbitration Association Rules as at present in force. The number of the arbitrators shall be one. The place of arbitration shall be within Cheyenne, Wyoming, United States of America. The language to be used in the arbitral proceedings shall be English. Each of the parties will bear the filing, administrative, and arbitrator fees associated the arbitration. The arbitrator’s award will include costs of arbitration, reasonable legal fees, and reasonable costs for any expert and other witnesses.

MISCELLENEOUS PROVISIONS

Assignment; Delegation: We may assign our rights and/or delegate our obligations under these Terms without your consent. You must not assign your rights or delegate your performance under these Terms without our prior written consent. Any attempted assignment of rights or delegation of performance in violation of this provision shall be null and void.
No Waivers: Should any party hereto fail to exercise or enforce any right or provision of these Terms, such a failure shall not in any way constitute a waiver of that right or provision. Any waiver will be effective only if reduced to writing and signed by the relevant party.
Notices:

Notice to Us: Any notice given to us by you through our email address Albert@park93entertainment.com shall be considered duly issued. We may change our contact information on one or more instances by posting such changes on LiveFansOnly. When notifying us, please check the Website to confirm that you are notifying us using our current contact information.
Notice to You: Our notices will be duly sent to you when delivered electronically. You consent to the receipt of such notices from us in electronic form either by emailing it to your last known email address or by sending it to your account as a notification. You confirm that the email address given to us is your current and valid email address for the purposes of receiving our notices.

Successors; Assign: These Terms benefit and binds the parties and their respective heirs, successors, and permitted assigns.
Force Majeure: No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms (except for any obligations to make previously owed payments to the other party hereunder) when and to the extent such failure or delay is caused by or results from acts beyond the affected party’s (“Affected Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”) that frustrates the purpose of these Terms: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of these Terms; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; (i) emergency state; and (j) other similar events beyond the reasonable control of the Affected Party.
California Consumer Rights Information: California residents may contact the Company at 101 Sixth Ave. Suite: 900, New York, New York 19913, or by email at Albert@park93entertainment.com to resolve any disputes or to receive further information about us. Users who wish to gain access to the password-restricted area of LiveFansOnly must register. We do not charge consumers for registering, creators charge for access to various Content and features.
Electronic Signatures: Any affirmation, assent, or agreement you send through LiveFansOnly will bind you. When you click on an “I agree,” or other similarly worded “button” or entry field, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Survival: Any and all the provisions of these Terms intended to survive the termination of our agreement with you shall survive such termination.
Entire Agreement: These Terms constitute the entire agreement between you and us about your access and use of LiveFansOnly. They supersede all earlier or contemporaneous agreements between you and us about your access and use of the Website.

SPECIAL TERMS FOR PERFORMERS AND MANAGERS

Registering your Account: Each Performer or their Manager must register a Performer Account or a Manager Account with LiveFansOnly to be allowed to create Content on the Website. To register a Performer Account, you will be required to provide us with a valid email address, a username of your choice, a password that complies with our security requirements, and a screen name. You will also be required to enter your accurate date of birth and your gender. Once created, a Performer can customize their Performer Account with factual identifying factors needed to further categorize them for ease of access of their Content by Customers, including where they want to appear (girls, guys, couples, trans), their body type, ethnicity, weight, height, hair length, hair color, eye color, orientation, language spoken, about her profile, and what interests them.

If you desire to make premium Content, you will also be required to add the approved payment method and may be asked to submit additional legal information relevant to, for example, determining your tax obligations. Earnings from your Content will be paid into your designated payment method via the applicable payout processors. We will have the sole discretion of approving the registration of your Performer Account or Manager Account.

Performer Representations: By registering a Performer Account on the Website, you additionally represent and warrant:

that all the information provided to us at the time of registering the Performer Account are complete, truthful, and accurate; and
that if you are working under a Manager or on behalf of a business or an entity, that you have obtained all the requisite licenses stipulated in these Terms and that you are authorized to bind the business or entity to these Terms.

Additional Prohibitions for Performers: As a Performer on LiveFansOnly, you agree that you shall not participate or encourage the participation of the following additional prohibitions:

misrepresent to the potential Customers the nature of any of your premium Content;
release the personally identifiable information of any other User of the Website or third party without express authorization by that User or the third party;
solicit or accept payments for travels or in-person meetings for the purposes of furthering any of the conduct prohibited by these Terms, including engaging in sexual activities;
fraudulently avail to the Customers a pre-recorded Content and misrepresenting it as a live performance;
record your sexually-explicit Content in a public place without considering your society’s public decency requirements for behavior that is acceptable to the public and is not obscene, disgusting or shocking for the observers;
express or imply that you any opinions or statements made by you or the Performers are endorsed by us;
submit a report about a User’s behavior or Content that is false, misleading, or otherwise manifestly unfounded, or abuse any of our reporting or appeals procedures available to you;
fail to live up to your end of the bargain regarding any lawful and reasonable representation made by you in the performance and sale of your Content;
defraud or attempt to defraud the Company or other Users of the Website in any possible manner; or
post, upload, or share Content that:

prejudices respect for human dignity;
encourages conduct that is grossly prejudicial to the protection of the environment; or
encourages acts that are prejudicial to health and safety.

Co-Authored Content: You or your Manager may share Content that depicts other third parties provided that you have complied with these Terms and undertake the following additional obligations:

identified the depicted third party and whenever required of you, furnished us with the documentation confirming the age of the third party, their identity, and consent to the publication of their Content on the Website; and
obtained all the requisite documentation demonstrating that each of the creators depicted in the Content are adults;
obtained all the requisite documentation demonstrating that all the creators depicted in the Content have consented to their depiction in that manner and the publication of the Content on the Website; and
taken all the reasonable measures to ensure that your Performer Account of Manager Account is safeguarded from any unauthorized use or access.

Price Set: The Website may offer you a feature for the control of the prices of each of your Content. In such cases, we may have absolutely no control over the prices you set for your Content as long as the same is reasonable in your informed opinion.
Your Earning: Each successful purchase of the Content earns the Performer or the Manager eighty percent (80%) of the revenue actually generated from such a purchase, whether as a subscription, sale, or tip. We may in our reasonable opinion deduct from such earnings sales, tips, or subscriptions that resulted in a chargeback, or revenues created in violation of our Terms.
Payment Processing: The Website relies on third-party payment processors to facilitate transactions. Should such payment processors experience technicalities in processing transactions, Users may experience delays in completing transactions. You agree not to hold us liable for any losses occasioned by challenges in processing transactions by the payment processors beyond our reasonable control.
Tax Obligations: You agree to be solely responsible for your own tax affairs and that we will not be held liable for advising you on your tax affairs and will not be liable in respect of any information obtained from us in respect of your tax obligations, nor will we be liable for any non-payment of tax by you. When using and earning from your Performer Account or Manager Account, you warrant that you will at all times comply with all the laws relating to tax which apply to you. You agree to accurately report any earnings made by you on LiveFansOnly to the relevant tax authority in compliance with all the tax laws applicable to you.
Withholding: All or any part of your earnings from LiveFansOnly not yet released to you may be withheld by us for any reasonable cause, including, without limitation, a serious or repeated violation of our Terms or any other law, or on reasonable suspicion that the whole or part of your earnings originated from unlawful or fraudulent activity either by you or by a Customer who made the payment resulting to such earnings.
Application to Managers: All these Terms, including, and without limitation, the creation of an account, apply to the Managers overseeing the creation of Content by Performers in Studio to the same extent that the Terms apply to the Performers. To create a Manager Account, one will be required to provide to us a username, password, and a valid email address.

SPECIAL TERMS FOR THE CUSTOMERS

Creating a Customer Account: Customers must create a Customer Account with the Website to purchase and consume Content. To register a Customer Account, you must provide a valid email address, a username, password, and your date of birth. To purchase Content on LiveFansOnly, you will be additionally required to add a valid payment method approved by us. We do not store any payment information.
Customer Representations: By creating a Customer Account, you represent and warrant that:

all the information provided to us during the Account opening are complete, truthful, and accurate;
you will not bully, stalk, intimidate, assault, defame, harm, or otherwise abuse or cause psychological harm to any other Users; more specifically, the Performers in their creation and availing the Content to you;
you will not express or imply that you any opinions or statements made by you or the Performers are endorsed by us;
you will not submit a report about a User’s behavior or Content that is false, misleading, or otherwise manifestly unfounded, or abuse any of our reporting or appeals request system made available to you;

you will not in any way whatsoever solicit passwords or personal identifying information for any purpose from other Users; and
you will not disclose private or proprietary information that you do not have the right to disclose.

Purchases: Customers with valid payment methods linked to their Customer Accounts may purchase a Performer’s Content at the Performer’s page depending on the prices set by the Performer or Manager. Should you make such a purchase, you hereby authorize us to automatically charge the payment method linked to your Customer Account for the exact amount of the Content purchased or, if on a subscription basis, the first day of each billing period for the subscription in question in a recurring manner until you cancel the subscription.
Customer Wallets: Either by yourself or through the refunds by us, LiveFansOnly may allow you to prepay an allotment of funds to be stored in your wallet and used in future for accessing and viewing the Content. The funds in these wallets shall be non-refundable.
Payment Processing: The Website relies on third-party payment processors to facilitate transactions. Should such payment processors experience technicalities in processing transactions, Users may experience delays in completing transactions. You agree not to hold us liable for any losses occasioned by challenges in processing transactions by the payment processors beyond our reasonable control.
Refunds: Our policy is that purchases made on LiveFansOnly are final and non-refundable. However, we may consider issuing refunds in limited instances and at our sole discretion and in accordance with our Refund Policy.
Your Tax Obligations: Should we be required to collect any taxes in relation to the purchase of the Content made by your Customer Account, the taxes will be charged to you at the time of your making any purchase. You however agree to be responsible for reporting and paying any and all taxes related to your purchase of the Content, including, without limitation, duties, custom fees, value added tax, or other taxes (other than income tax), along with other related penalties or interest, as applicable to your purchase or jurisdiction of purchase.
Billing Errors: Any suspected billing in error must be reported to us promptly but not later than thirty (30) calendar days from the date of such error or knowledge of such an error. The report should be made by sending an email to Albert@park93entertainment.com or by filling out and submitting our contact form. The report must include the particulars of the billing errors including the date, the amount, and any other information relevant in investigating and correct the error. Should you fail to notify us of the said error within thirty (30) calendar days’ period, you waive any right to dispute the charges.