1.1 MyFanStash is operated by RSBC Media Limited. We are a limited company registered in England and Wales, with company registration number 12544980, and we have our registered office address at Allia Future Business Centre, Peterborough United Football Club, London Road, Peterborough, England, PE2 8AN. Our VAT number is 372810206.
1.2 If you have any questions regarding Myfanstash and want to get in touch with us, please email support@myfanstash.com. If you are unable to reach us over email, you can write to the following address instead: Peterborough United Football Club, Allia Future Business Centre, London Road, Peterborough, England, PE2 8AN
2.1 These terms and conditions apply to our Service (explained below). We’ve tried to make them user-friendly. Please read them carefully and save a copy, as we don’t file a copy specifically for the transaction with you. They’re available in English only.
3.1 Here are some definitions that are used in this document:
a) “Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
b) “Content” - all information of whatever kind (including posts, comments, blogs, chat, images, photos, audio, video, advertisements, messages, Reviews etc.), uploaded to our Service (including messages sent via our Service).
c) “Creator” – a User who uses our Service in the capacity of a supplier of Creator Services.
d) “Credits” – as defined below in the section headed “Wallet balance”.
e) “Creator Contract” – a contract for the supply of Creator Services.
f) “Creator Services” – supply of Content and any other services offered by Creators to Fans.
g) “Fan” – a User who uses our Service in the capacity of a user of Creator Services.
h) “Review” - any review, comment or rating.
i) “Service” –the platform service we offer by means of our website and any related software and services.
j) “User” - persons or organisations using our Service (whether or not registered with us) including Advertisers.
4.1 Your order is an offer to enter into a legal contract with us to use our platform service (which is different from the Creator Contract between Fan and Creator—see below).
4.2 We accept your offer, and there is a binding legal contract when we send you a confirmation email.
4.3 We reserve the right, in our discretion, for any lawful reason, to refuse any application to use our Service.
5.1 If you are a Consumer, you have the right to cancel your contract with us, subject to the instructions at the end of this document.
6.1 We may change these terms and conditions by giving you at least 15 days’ notice unless a more urgent change is needed to comply with laws or regulations or to deal with an unforeseen and imminent danger. We will notify you by email and by posting the new version on our website.
6.2 If you do not agree to the new terms, you may terminate this contract by emailing us within 15 days of our notice.
7.1 Subject to these terms and conditions, we grant you a limited, personal, non-transferable right to use our service on any applicable device owned or controlled by you.
8.1 You must not use, or attempt to register for, our Service if:
a) you are below 18 years of age; or
b) display of or access to any aspect of this Service is illegal under the laws (if applicable) of the country from which you are accessing the Service (e.g. because the country doesn’t permit such a Service or display of or access to such material at all or because you are under the relevant age limit); or
c) you have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct, harassment or dishonesty.
8.2 Our service is intended for and may only be used by people who genuinely want to supply or receive Creator Services.
9.1 You agree not to do any of the following in connection with the Service:
a) break the law or infringe on anyone else’s rights;
b) engage in, participate in, aid, support or promote any act of prostitution or sex trafficking of another person
c) victimise or harass other people;
d) use offensive, obscene, abusive or other inappropriate language;
e) deceive or mislead anyone;
f) promote or advertise escort services;
g) promote or advertise weapons, drugs, drug-related paraphernalia, or other illegal items;
h) advertise cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illegal drugs, or any medicine that needs a prescription;
i) engage in unlawful gambling promotion, advertising, or facilitation;
j) upload Content that depicts others without the relevant consent;
k) provide any Content that includes someone else’s personal information, unless that person is 18 years or over and you have obtained their written consent;
l) make recordings or screenshots of audio / video interactions without the written consent of all other participants;
m) impersonate anyone;
n) link to unlawful or otherwise inappropriate content;
o) use the Service with a view to competing with us or infringing our rights;
p) disrupt our Service, e.g spam, viruses or phishing;
q) interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise;
r) intercept or modify communications;
s) impose an unreasonable load on our Service;
t) get around any security or other features including those designed to stop copying of Content; or
u) attempt, encourage, or assist with any of the above.
9.2 You agree to the following:
a) comply with any rules or requirements on our Service;
b) promptly comply with any reasonable request or instruction by us in connection with the Service; and
c) ensure that any contact or other information which you supply to us is accurate and not misleading and you will tell us if there are any important changes.
10.1 Our Service is a neutral platform through which creators can arrange to provide creator services or sell goods to fans. We do not supply or sell those services or goods. Any legal recourse is against the other party to the contract and not against us.
10.2 Creators agree that in connection with the supply of Creator Services and goods to Fans, they will comply with all applicable laws and regulations (including data protection) and will not infringe any third party rights.
10.3 Users agree to comply with their contracts with each other and to deal with other Users in a polite and courteous manner.
Your responsibility as a content creator
As a content creator, it is your job to make sure that everyone who appears in your uploaded content has given you their written permission. The following must be included in the consent:
● Consent to be portrayed in the content.
● Consent to both permit the content to be distributed publicly and to upload it to the platform operated by myfanstash.
Also, as a content creator, it's your job to check the ages of everyone shown in your Myfanstash content and be able to provide proof if asked. All content uploaded to a creator account must be reviewed by the creator prior to publication to ensure compliance with the terms of service.
Creator Contracts
11.1 The terms of the Creator Contract are for the parties to agree to, provided that they are consistent with this agreement.
No legal right to cancel the Creator Contract (“cooling off”)
11.2 As Creator Services involve the supply of digital content, there is no legal right to cancel the Creator Contract and get a refund.
Payment by Fans
11.3 When you purchase a subscription, pay-per-view, tip, or other item from a creator, the relevant fee is deducted from your wallet balance (as described below under "Credits"). All such fees are the gross income of the Creator, and we collect these payments from you on behalf of the Creator.
11.4 If you switch on auto-rebill, any subscription will continue to be auto-renewed for the same subscription period that you signed up for, unless you end your subscription before the renewal date by following the instructions on our Service. Ending your subscription does not entitle you to a refund (unless consumer cooling-off rights apply).
11.5 If you enable re-billing, you authorise us and our payment provider to charge your payment card and top up your wallet balance for the relevant amounts when payments are due in accordance with this agreement.
11.6 Creators may at any time change their subscription prices. The new rate takes effect if you apply for a new subscription after the creator’s new price is posted on our Service. For existing subscribers, we will give you notice by email on behalf of the Creator at least one month before any price change takes effect. If you do not accept the new fee, you should end your subscription by following the instructions on our Service. Otherwise, the next renewal of your subscription after the one month’s notice will be at the new price.
11.7 You must contact us immediately with full details if you dispute any payment.
Complaints
11.8 If you have any complaints about another User, you must notify us promptly by email to our email address shown below. We may, in our discretion, help to try and resolve the dispute, but we do not promise to get involved.
Payment to Creators
11.9 Provided you have complied with your contract with us and subject to any minimum balance and holding period that we may decide to impose, we will take reasonable steps to enable you to withdraw your pending balance by whatever payment method we use the amount of the fee received from the Fan less any deductions mentioned below.
11.10 We are entitled to deduct (including applicable VAT) our fee from the payment to you. We may at any time change the amount of our fee. If so, we will give you notice by email. Any orders made after that notice will be subject to our new fees.
11.11 We are entitled, in our discretion, to refund to the Fan on your behalf from your pending balance all or part of the Fan fee insofar as the Fan makes a complaint, raises a dispute or cancels the order within any applicable cancellation period or if we otherwise consider it appropriate to make such a refund in our discretion (which may be based on any cancellation policy which applies at that time). You are liable to pay any appropriate refund direct to the Fan if the relevant Fan fees have already been paid to you.
11.12 We are entitled to deduct from the fees due to you the amount of any chargeback which has arisen or which we consider is likely to occur (irrespective of whether the chargeback relates to the payment currently due). You agree to pay to us immediately on demand the amount of any chargeback relating to a payment which we have transmitted to you.
11.13 You are responsible for making up any shortfall arising from charges made by your bank.
11.14 You are responsible for taking your own tax advice and for accounting for any VAT that is due on sales made to Fans. We are only responsible for accounting for any VAT on our fee that we charge to you. If you are required, or choose to, register for VAT, you will be responsible for issuing a VAT invoice to the Fan if requested.
Ending the Creator Contract
11.15 The Creator Contract ends automatically if the Creator or Fan’s contract to use the platform ends. If so, the Fan is not entitled to any refund unless Consumer cooling off rights apply. The Creator promises to continue to make premium content reasonably available until the Creator Contract ends.
For Creators only
Creators acknowledge that we do not guarantee that use of our Service of itself will necessarily enable compliance with all applicable laws and regulations concerning the Creator Contract, and it is the responsibility of Creators to satisfy themselves thereof.
11.16 Creators acknowledge that we do not guarantee that use of our Service will generate any particular level of revenues or suitable inquiries.
12.1 On our Service, Fans can use credits held in their wallet balance (“Credits”) to pay for goods or services from Creators.
12.2 Credits can only be used within our Service. Credits do not have any inherent value, and they are not your own private property. We do not provide any cash or refunds for Credits (except as required by law). Credits are for your personal use only. You must not sell, transfer, or make them available to anyone else, or attempt to do so, or encourage anyone else to do any of these things.
12.3 We may restrict access to or delete Credits if the Credits were awarded in error or if a payment for Credits is charged back, otherwise cancelled, or reversed.
12.4 Credits will be deleted when this agreement ends.
Please read the following caution on the MyFanStash Referral Program in accordance with Regulation 3 of the Trading Scheme Regulations 1997 (as modified) and Section 120(1) of the Fair Trading Act 1973.
13.1 The offer only applies to sign-ups by means of the profile link we supply.
13.2 The number of users you can refer is unlimited.
13.3 Referral commision will finish when the referred Creator reaches £500,000 in earnings.
13.4 To qualify as a referral, the referred creator must be a first-time user of our service and have never used it before.
13.5 For every qualifying referral you make, and provided your contract with us has not ended, you will be entitled to receive the amount of commission stated in our offer applied to the fees earned by us in relation to the Creator that you referred.
13.6 We are entitled to change or end any referral scheme at any time without notice, including terminating all future commission payments on previous referrals.
13.7 We are entitled to refuse to pay commission if we think that you haven’t complied with these terms and conditions or that you have behaved inappropriately towards us or other Users.
Please read the following caution on the MyFanStash Referral Program in accordance with Regulation 3 of the Trading Scheme Regulations 1997 (as modified) and Section 120(1) of the Fair Trading Act 1973.
14.1 You are solely responsible for the content that you upload to our website.
14.2 If you are a Creator, you promise to only upload Content that is relevant to any Content category for which you are registered on our Service.
14.3 You promise you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated by the Service and these terms and conditions.
14.4 If you use any features on our site that enable you to share your Content with third-party sites, we are not responsible for the use of your Content on those third-party sites.
14.5 We reserve the right, without notice or refund, to reject, suspend, alter, remove, or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, that such steps are necessary to protect us or others, that a criminal offence may have been committed, where required by law or where requested by the police or other appropriate authorities, or if we consider that Content does not meet our quality standards. If so, you must not attempt to republish or resend the relevant Content.
14.6 It is your responsibility to decide which Content to upload (subject to these terms and conditions). We do not accept responsibility if your Content is misused by others, as this is beyond our reasonable control. Don’t upload any Content if you are concerned that it may be misused.
14.7 We reserve the right to place advertisements near or within your content. If so, we retain all revenue from such advertisements.
14.8 It is your responsibility to create frequent backups of your Content to protect yourself in the event of loss or damage to such material. We are not responsible for such losses or damages.
14.9 We may irretrievably delete your Content without telling you after this agreement ends.
Creator profiles
14.10 We reserve the right, at our sole discretion and without notice, to edit the text or layout of your profile to ensure compliance with our terms and conditions and to otherwise reflect how we believe your presence should appear on our Service.
14.11 We rank Creator listings randomly. Rankings may be influenced by payment if we offer sponsored or similar listings that enable increased prominence.
15.1 You acknowledge that we are under no obligation to screen or monitor users or their content. We don’t endorse or recommend any Creators or their Content. You rely on such information and/or deal with other Users at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users. It is your responsibility to carry out careful and detailed investigations before dealing with other Users including use of or reliance on their Content. You should not assume that any Content from another User is accurate and be aware that a person may not be who he or she claims to be.
15.2 You acknowledge that in using the Service you may encounter behaviour or Content which you consider inappropriate. If so, please email us to our email address shown below (including if you wish to give us notice of defamatory material). Please also use any available blocking mechanisms, seek relevant external help If appropriate (e.g. from law enforcement authorities) and/or stop using the Service.
15.3 In your own interests, you should not attempt to contact, or let yourself be contacted by, any other User other than through the Service.
16.1 We may display other people's services, advertising, and/or links to other websites. We do not endorse or recommend any of these, and we are not legally responsible for them. You use them at your own risk.
17.1 If we ourselves provide any guidance or other general information on our Service, we do not guarantee that it is accurate or up-to-date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful inquiries, including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
18.1 Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You agree not to allow any other person to use your account. You agree to take reasonable precautions to keep your login information private and to notify us immediately of any apparent security breach, such as the loss, theft, misuse, or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
19.1 You may terminate this contract at any time by emailing us and following the instructions on our Service to close your account.
19.2 We are entitled to end this contract, suspend part or all of our Service or impose restrictions on our Service if:
a) you break this contract;
b) you repeatedly cancel bookings for Creator Services;
c) you are subject to repeated Fan complaints and/or negative Reviews;
d) any fees payable by you are unpaid / unjustifiably charged back;
e) acting reasonably, we think that it is necessary to protect us or others;
f) we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or
g) You or anyone acting on your behalf is rude to our employees.
19.3 If you are a Creator and we end the contract, we will give you at least 30 days’ notice unless we have a legal or regulatory obligation, or a legal right, to end it earlier, or you have repeatedly broken this contract.
19.4 We are entitled at any time to end this contract if we terminate our Service as a whole or if, in our reasonable opinion, it is necessary to do so for security, technical, or operational reasons.
19.5 If this contract ends:
a) Any pending Creator Contracts involving you are automatically terminated.
b) Your right to use our Service and all licences are terminated.
c) All Credits held in the Fan’s wallet balance are deleted without refund.
d) Existing rights and liabilities are unaffected.
e) All clauses in this contract which are stated or intended to continue after termination will continue to apply.
f) After the end of the contract, we may retain access to information provided or generated by Creators and Fans in order to deal with disputes, enforce our terms and conditions or manage or improve our Service generally. See our Privacy Policy for more information about our retention of personal information.
20.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury, for fraud or fraudulent misrepresentation, or for anything that may not legally be excluded or limited. In this section, any reference to "us" includes our employees and agents, who have the right to enforce this agreement.
20.2 If you are a Consumer, we shall not be liable for any loss or damage where:
a) there is no breach of a legal duty owed to you by us;
b) such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
c) (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
d) such loss or damage relates to a business of yours.
20.3 If you are a Consumer, you will be liable to us for any reasonably foreseeable loss or damage we suffer (including third-party claims) as a result of your breach of this agreement or misuse of our service.
20.4
a) Our liability of any kind (including our own negligence) for any act or omissions or series of connected acts or omissions is limited to the total fees paid or payable by you to us in connection with our Service in the 12 months before the act or omissions complained of.
b) In no event (including our own negligence) will we be liable for any:
● economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
● loss of goodwill or reputation;
● special, indirect or consequential losses; or
● damage to or loss of data
(even if we have been advised of the possibility of such losses).
c) You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
d) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. or
e) This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any selling pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
21.1 We, our partners, or other Users own the intellectual property rights to all material used on or in connection with our service. For your personal use only, you may view such material on your device. You must not otherwise use such material, including copying, publishing, adapting, or taking extracts from it, without our specific prior written consent. You must not misrepresent the ownership or source of such material, for example, by changing or removing any legal notices or author attributions.
21.2 Just to be clear: you must not collect, scrape, harvest, frame, or deep-link to any Content on our Service without our specific prior written consent.
21.3 If you upload any Content to our Service, you retain ownership of the intellectual property rights. You grant us permission to use and adapt all or part of such material on our Service at no cost for the duration of this contract. You allow each User to use your Content in accordance with these terms and conditions.
21.4 If you are a Creator: You retain ownership of your logos, trademarks, and brand names. You are entitled to make your trading identity visible on our Service subject to how we think your presence should appear.
22.1 We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability, (a) to suspend the Service for repair, maintenance, improvement, or other technical reasons and (b) to make changes to the Service.
22.2 You recognise that technology is not always secure, and you accept the risks associated with using the Internet or other technology for the purpose of the Service.
23.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control, including third-party telecommunication failures and epidemics or pandemics.
24.1 We can give or sell all or part of our rights or responsibilities under this agreement, as long as we take reasonable steps to protect your rights under this agreement. Since this agreement is only between you and us, you can't give or sell any of your rights or duties without our written permission first.
25.1 You agree that we can deal with your personal information in accordance with our Privacy Policy, which may change from time to time.
25.2 You acknowledge that, except as specified in our service or privacy policies, we do not provide Creators with access to any personal or other information provided to us or generated by use of our service. We do not share any such information with anyone else except insofar as this is necessary for the proper functioning of our Service.
26.1 This contract is under English law, and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions changes the fact that you, as a consumer, have the right to rely on such mandatory local laws.
27.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us. You can send notices to our email address shown below. The headings used in this agreement are for information only and are not legally binding. If any part of this agreement is invalid or can't be enforced, the rest of the agreement will still stand. If either of us overlooks any breach of this agreement by the other, it can still be enforced later. A person who isn't a part of this agreement has no right to enforce it, unless the agreement says otherwise. The parties are independent contractors, and, except as otherwise specifically stated above, nothing in this agreement makes any party an agent, employee, or representative of the other.
Prostitution and sex trafficking are prohibited:
27.2 Any use of our website to engage in, participate in, aid, support, or promote any act of prostitution or sex trafficking of another person is strictly prohibited. It is against the rules to use the website or its interactive features to share or plan in-person meetings.
To report this, please contact us at abuse@myfanstash.com as soon as possible. You must include all proof with your report, such as the time and date of your identification and URL link. All reports will be thoroughly investigated, and appropriate action will be taken as soon as possible. The accounts of anyone who engages in prostitution or sex trafficking will be terminated. We shall notify the relevant law enforcement agency about anyone we suspect of promoting or aiding another person's prostitution or sex trafficking. Any law enforcement agency investigating prostitution or sex trafficking will get full cooperation from us.
Child Sexual Abuse Material Is Prohibited:
27.3 Content involving minors is strictly forbidden on our site. On this website, we will only permit visual media that has been created by and for adults who have given their consent. Please immediately notify us at abuse@myfanstash.com of any real or simulated visual media depicting minors engaging in sexual activity on the website, or of any other child exploitation you may notice. Please ensure that your report contains all of the relevant evidence, including the date and time that the individual was identified. We will investigate all reports and take appropriate action immediately. We provide full cooperation to any law enforcement agency investigating allegations of child exploitation or sexual abuse of minors.
This website (the "Site") is committed to complying with U.S. copyright law and responding to claims of copyright infringement. This policy outlines the procedures for dealing with alleged copyright infringement on the Site.
33.1 Company name: RSBC Media Ltd
33.2 Trading name: “Myfanstash”
33.3 Country of incorporation: England and Wales
33.4 Registered number: 12544980
33.5 Registered office: Allia Future Business Centre Peterborough United Football Club, London Road, Peterborough, England, PE2 8AN.
33.6 Contact email address: support@myfanstash.com
33.7 Other contact information: See our website.
