General Terms and Conditions
Last modified: December 13, 2020
"User" a user of the Web Site. Fan and/or Creator.
"Fan" a User who pays for Content and/or Communication provided by a Creator.
"Creator" a User who provides his or her own content and/or communication on the Website, possibly paying for the fan.
"Content" All content that Users make available, upload or display on the Web Site. In particular, but not exclusively, information, links, messages, text, graphics, photos, videos, audios, documents and other content.
"Website" the website www.FINmessage.com, operated by Red & Juicy vof, Tentstraat 86, 6291 BJ Vaals, The Netherlands.
"Credit" users can buy credit. This credit can be used to pay for communication with or content from Creators.
"Revenue" Revenue of the Creator by offering communication or content.
"Commission" Proportion of the revenues that can be paid out to the Creator.
"Channel" an exclusive area where Creator can provide content for fans. Fans get access to a channel via a one-time payment or a recurring payment (subscription every 30 days).
"Cash Goal" a financial goal to reach a certain amount of money in a channel, in a certain time.
1.1 The General Terms and Conditions govern access to our website, services and their use. This includes all information, links, text, graphics, photos, videos, documents and other content that is uploaded, downloaded or displayed.
1.3 You must be at least 18 years old to use the Website.
1.4 The parties to this agreement are the User and the Website. A contractual relationship is established between the Fan and the Website, and the Creator and the Website.
1.5 Except for User content, the content of the Website, functions and features (including but not limited to software, text, images and other content) are the property of the Website, the name FINmessage, the logo and all associated names, logos, product and service names, designs and slogans are protected by international copyright, patent, trademark and other intellectual property and proprietary rights laws.
2. Credit balance and payment process
2.1 Users can buy, via different payment methods, credits which can be used to view Creators' content or communication with Creators on the Website. After a completed payment, the user's credit balance will be credited.
2.2 The User undertakes to state his country correctly.
2.3 The payment process for credits can be cancelled by the User at any time before sending.
2.4 Depending on the country in which the User resides, the User will be charged additional sales tax (VAT) at the applicablew rate. Depending on the payment method or payment provider, the User may be charged a service fee. Neither VAT nor the service fee shall increase the User's credit balance. The amount of the credit balance shall remain unaffected by VAT and/or service fee.
2.5 Payments to the Website are legally binding. The contract between the User and the Website comes into effect with the sending of the payment.
2.6 If the price of a communication or the price of content exceeds the value of a User's credit, this communication cannot be carried out or content cannot be viewed.
2.7 Credit that is not used within 24 months expires.
2.8 Credit balances cannot be refunded or paid out to the User.
2.9 If a User's payment is cancelled, cannot be collected or otherwise a payment made cannot be completed correctly, access to the Website may be restricted or blocked. The credit balance will be reduced according to the amount. The User is in default of payment. Collection and other fees are to be paid by the User. A debt collection agency will be commissioned automatically.
2.10 The User hereby confirms to have been informed that the right of revocation expires after payment has been made. The Website begins with the execution of the service immediately after the payment has been made.
2.11 Credits can be used in various forms on the Website, the User agrees that the use of credit, including for the tip function and a channel membership, is intended to support the Creator. The Creator is under no obligation to provide additional content and the User has no claim to additional content. The User agrees that a channel membership is not linked to a minimum duration to view content, including when the Creator closes a channel or her/his account.
3. Content and communication
3.1 Users are responsible for and must ensure that content that they upload and make available to view by other users does not violate applicable law in the Netherlands or in the country where they are located. The Website accepts no liability or responsibility for content in uploaded in violation of the law. The liability and responsibility lies with the User.
3.2 The Website provides the Creator with an opportunity to communicate with fans for a fee, as well as providing fans with paid content. The communication can be charged per message. Prices can be chosen by the Creator or are set by the Website.
3.3 Der User stellt der Webseite Inhalte zur Verfügung. Der User erteilt der Webseite und deren Partnern ein uneingeschränktes, zeitlich unbegrenztes und gebührenfreies Nutzungsrecht auf alle Inhalte, welche der User auf der Internetseite bereitstellt, einstellt, verschickt und hochlädt oder der Webseite auf anderen Wegen zur Verfügung stellt.
3.3 The User provides the Website with content. The User grants the website and its partners an unlimited, time-unlimited and royalty-free right of use to all content that the user provides, places, sends and uploads on the Website or makes available to the Website in any other way.
3.4 Users guarantee to only transmit and publish messages and content that do not violate applicable law. Users guarantee not to transmit messages and content to which they do not have the right to send. Users guarantee not to send and publish messages and content involving persons under 18 years of age or persons who have not given their written consent to send and publish messages and content. Users acknowledge that they have the copyright and other proprietary rights to all content they upload and post on the Website.
3.5 Users agree not to transmit, communicate or publish any content that involves rape (fake or real), sexual acts with animals, consumption of drugs (including poppers), recordings with urine and/or faeces, acts of persons under the influence of drugs, acts on sleeping persons, acts on hypnotized persons, necrophilia (fake or real), killing of persons or animals, blood (including fake blood), acts that cause permanent damage, publication of user data, requests to take drugs (including poppers) or show weapons. The Website reserves the right to monitor and control content and communication. In case of a violation, the Website reserves the right to delete and/or block the User immediately - unpaid earnings will be forfeited.
3.6 Users agree not to transmit any content for their profile picture, their profile header, their profile text, gallery photos and texts in the gallery, channel photos, channel titles and channel texts, as well as other places publicly visible to other users, which show sexual acts in picture, writing and/or sound.
3.7 Users agree not to publish gallery photos, texts in the gallery, channel photos, channel titles and channel texts that contain a link or URL to other websites.
3.8 The User agrees not to pass on or publish content from their communications with other users to third parties.
3.9 The User agrees not to transmit links that provide content that violates these general contractual obligations.
3.10 The User agrees not to store, copy, host, use, send, distribute or publish any content that consists of or is connected to spyware, computer viruses, trojans, computer worms or other malicious software.
3.11 The User undertakes to ensure that the data and content provided on the Website is true, accurate, complete, current and not misleading.
3.12 The User undertakes not in any activity that is insulting, deceptive, threatening, fraudulent, harassing, hateful, racist, discriminatory or otherwise harmful to other Users.
4. Registration and use
4.1 Registration is not permitted for persons under 18 years of age. Users confirm that they are at least 18 years of age and of legal age in their country. It is not permitted to participate in the services of the Website as a minor.
4.2 The User undertakes not to pass on access data to third parties, especially minors, and must treat such data confidentially. The User agrees to be the only person to use the access. In the event of loss or theft of access data to third parties, the Website must be informed immediately. This also applies to all information or content the user receives on the website. The user can be held liable for any damage caused by not keeping the access data confidential.
4.3 Registration with false documents, false payment data, false country, under false name, false identity, not your own photos, very edited photos by apps or image editing or under invalid or false email address can lead to immediate termination of the contract between the Website and the User. The Website reserves the right to terminate the contract and the Website reserves the right to seek the filing of criminal charges.
4.4 By sending a document for identification purposes, such as an ID card, passport, driver's license or other officially recognized documents for legitimation, the Creator assures that the data on the document is completely accurate for the Creator.
4.5 The User is not permitetd to communicate any negligent advice to other Users. Requests to commit criminal offences, applicable law or points which violate these General Terms and Conditions are not permitted.
4.6 The User, especially the Creator, agrees that the contents uploaded by him/her (e.g. photos, videos, etc.) may be used for advertising purposes of any kind by the Website and its partners for an indefinite period of time. Even after logging out and closure of the User's account. The advertising purposes include, but are not limited to, Facebook, Instagram and Twitter
4.7 Users undertake to maintain secrecy with regard to the content of the contract or other correspondence with the Website.
4.8 The User undertakes not to impersonate any other person when communicating with other Users.
4.9 Users agree to indemnify the Website, licensees and successors, for all liabilities, costs, damages and losses, legal fees, penalties and all costs incurred in connection with their actions and content.
4.10 The Creator agrees not to offer, arrange and/or perform any real meetings and/or services of a sexual nature through the Website to take place outside the Website.
4.11 The Creator agrees to be available to their fans if they have indicated they will be available at any specific time.
4.12 The Creator agrees to provide content, e.g. in a channel, if they have indicated to their fans that content would be available, for example in the title or the description of a channel or by direct communication.
4.13 By registering, the User gives their consent to the storage of their data.
4.14 The Creator undertakes not to make any payment requests to other Users in connection with other websites, banks, payment companies etc.
4.15 Users agree not to download (except where this is the only option offered by the Website) any content they are provided with on the Website and to store it on their computer, cell phone, tablet or similar, and/or publish it and/or provide it to any third party in any other way. In particular, content from communications with Creators and content from Creator's channels. This also applies to screenshots and any other kind of screen recording.
4.16 Unless expressly permitted, Users may not edit or otherwise modify or alter any content of the Website.
4.17 Users may not sell, rent, license, display in public or exploit in any other way any content of the Website for commercial purposes.
4.18 Users agree not to use the Website to cause damage to the Website or to affect the performance, availability or accessibility of the Website.
4.19 The User agrees not to use the Website in any manner that is unlawful, illegal, harmful, fraudulent or related to the Website.
4.20 The User agrees not to conduct any manual or automated data collection activities on the Website.
4.21 You may not use another User's account, even if that User gives his consent.
4.22 The User agrees not to choose a name for registration that is misleading or could lead to the imitation of another person.
4.23 Account details may be edited and adjusted by the Website.
4.24 Users acknowledge that the Website cannot be held responsible for the conduct of Users, either on or off the Website. You acknowledge that the Website cannot guarantee that any User information is accurate, true, complete, current and not misleading.
4.25 User content may not include any third party activities and sales, including contests, sweepstakes, raffles, barter and advertising.
4.26 Users may not attempt to modify the source code of the Website or attempt to limit or damage the operation of the Website, server, system, network.
4.27 Users may not attempt to gain access to information that is not intended for them. Users may not attempt to access the accounts of other Users.
4.28 Users must not use the Website for any unauthorized purpose, including but not limited to building a competitive product or service or for other competitive purposes.
4.29 The User agrees to be responsible for all actions performed and content provided by the User.
5. Deregistration / deletion
5.1 If the account closure process is initiated by a User under Settings - Account, the User receives an email which must be confirmed to activate the account closure process. A User can log in to their account again within the next 30 days to interrupt the account closure process. After 30 days the User's account will be closed.
5.2 Fans can initiate the account closure process at any time for any reason.
5.3 Creators can initiate the account closure process for any reason, provided that all channels with active subscriptions have been terminated in advance.
5.4 An account can be deactivated and closed, but all related data cannot be immediately deleted. In particular, data that is part of the accounting obligation under Dutch law or that serves the Money Laundering Act cannot be deleted immediately, but only after the legal deadlines have expired.
5.5 Existing credit balance of the User expire upon deregistration. Unpaid commissions of Creators expire upon deregistration.
5.6 The Website reserves the right to terminate the contractual partnership with the User without giving reasons, or to restrict it at its own discretion. Existing credit balance is not applicable. Commission not yet paid out will be paid out when the payout limit of $50 is reached, a fee of $10 will be charged.
5.7 Existing commission will not be paid if the Creator violates any of the terms of this Agreement. In particular, but not exclusively, a commission is not applicable in the following situations:
- the Creator uses a different identity than their own when registering
- the Creator pretends to be another person when communicating
- the Creator publishes copyrighted content on the Website or sends it in messages for which they do not have the rights of use
- the Creator has content that is illegal under this contract
- the Creator violates applicable law
- the Creator does not respond to emails and/or messages from the website within 30 days
- the Creator offers and/or processes real meetings and/or services of a sexual nature through the website
- the Creator does not guarantee to be reachable, although he has indicated this to other users
- the Creator does not guarantee to offer content, e.g. in a channel, although he has indicated this to other users e.g. in the description.
5.8 By terminating the contractual relationship, the Website does not waive any claims for damages, nor does it waive the right to claim damages. Similarly, criminal offences (e.g. forgery of documents, copyright infringement) will be forwarded to the appropriate local law enforcement authorities.
5.9 Users may not take any action to circumvent or attempt to circumvent access restrictions of any kind on the Website.
6. Payment and commission
6.1 The Creator will receive a commission of 80% of their revenues. The amount of the commission is given by the Website and can be changed at any time.
6.2 Upon presentation of a Dutch VAT number, a Creator will receive their commission plus Dutch VAT.
6.3 In order to pay out the earnings to a Creator, the User data must match the payee data provided. Disbursements to third parties are not possible.
6.4 Payments of commissions for Creators are made automatically in the month following that in which selected payout limit has been reached. The minimum payout limit for automatic payouts of commission is $150.
6.5 Manual payouts for commissions are only possible if no current payout is in process. A manual payout can be initiated for commissions of at least $50. A manual payout incurs a $10 service fee payable which is deducted from the Creator's commission to be paid.
6.6 For transfers outside the SEPA payment area, the Website chooses the particulars of the transfer at its discretion and the arising bank charges will be shared between the Website and the Creator.
6.7 The Website is not responsible for the bank charges, transfer fees or conversion fees in other currencies, which reduce the Creator's commission and thus the payment. The Creator has to inform themselves about possible fees. The Website is not responsible for any reduction of the commission.
6.8 When paying out commissions in currencies other than the US dollar, a current daily exchange rate is chosen. This daily exchange rate can be different at different times, with different currency calculators and banks. The Creator agrees with the exchange rate chosen by the Website.
6.9 The Creator is responsible for taxation on their commission. The Website does not assume any responsibility and/or liability for the Creator's tax liability.
6.10 Refunds to Users, or any kind of default of payment, will be deducted from Creator's income, if necessary. Therefore, the commission will be reduced by the amount of the refunds incurred. In case of successful collection, the received amounts will be added again.
7. Data transfer and communications by email
7.1 The User grants the Website the right to inform the Website about any kind of news about the offer or other offers of the Website or its partners, unless the User objects.
7.2 In case of communication with or acquisition of content by another User, the Website will transmit the data created by the User, such as FIN ID, username, status and profile picture, to the respective User. The User's personal data (full name, address, e-mail) is not transferred to the other User.
7.3 If credits are used for Creator content or communication with Creators, information about this, also in connection with the public user data and the amount of usage, can be publically displayed, such as tips for gallery photos, for example.
8. Liability of the website
8.1 The Website is not liable for any content, data, communication, files or actions transmitted.
8.2 The Website shall not be liable for any damages resulting from the communication, transmission of content, actions, data or files.
8.3 The Website shall not be liable for deleted content, data or files.
8.4 The Website shall not be liable for any inaccurate or false description of any content, text messages, channels, crowdfunding and any content provided to Fans. It is the Fan's responsibility to decide whether he/she wants to accept content for a fee.
8.5 The website is not liable if Creator channels are closed and Fans lose access to the channels.
8.6 The Website is not liable if a Creator closes their acount, or has their account closed, and Fans lose access to the Creator's content.
8.7 The Website is not liable for the inaccessibility of the Website or inaccessibility between Fan and Creator.
8.8 The Website is not liable for financial or other damages caused by technical or other defects of the Website. Technical faults must be reported to the Website by e-mail.
8.9 The Website is not responsible for content or absence of content in a channel.
8.10 The Website is not liable for any content or absence content relating to Cash Goals.
8.11 The Website is not liable for external links and their content. The content of linked sites is the sole responsibility of their operators.
8.12 The Website is not liable if the User breaches the confidentiality of their access data or loses their access data.
8.13 The Website is not liable for fraudulent activities and misrepresentations of the User.
8.14 Certain minimum technical requirements must be met to ensure error-free access to the Website and its contents. The Website assumes no liability if the content or functions of the Website cannot be displayed or used due to a lack of technical requirements.
8.15 The Website cannot guarantee that the Website is compatible with all devices and operating systems. The Website accepts no liability for this.
9.1 The Website enables the Creator to create exclusive fan zones (channels), which are only accessible to Users after payment. The User has no claim to content in a channel. With a membership to a channel, the User supports the Creator independently of content. The basis for joining a channel is the financial support for the Creator and not the content.
9.2 If the Creator creates a channel, the Creator is obliged to provide content in the channel. This provision must also be based on any description and title of the channel.
9.3 If Creator creates a channel with monthly payment, the Creator is obliged to provide new content in the channel at least every 29 days.
9.4 The Website reserves the right to delete channels that do not provide any content or do not provide any content according to 9.3. The Website reserves the right to withhold revenues for such channels.
9.5 The Creator can close existing channels at any time, existing subscriptions are automatically cancelled.
9.6 Current subscriptions can be cancelled by the User at any time. If a subscription is not cancelled, it is automatically renewed after 30 days. The User is responsible for keeping an overview of his current subscriptions and to cancel subscriptions if there is no interest in renewing a subscription. A refund and/or credit note is not possible after renewal of a subscription.
9.7 The Creator has the ability to define Cash Goals in a channel. The Creator is obliged to provide content which is mentioned in connection with a Cash Goal, in the channel after reaching the Cash Goal. The User has no claim to special content in connection with a Cash Goal.
9.8 Cash Goals can be created and terminated by the Creator at any time. Fans are not entitled to terminate a Cash Goal.
9.9 Prices for the channels are set by the Website or can be determined by the Creator.
10. Changes to these conditions
10.1 The Website reserves the right to change or amend these terms and conditions at any time without notice. Verbal side agreements have not been made. Changes to this agreement must be made in writing, this also applies to the change of this written form clause. The Website reserves the right to revise the terms and conditions at any time. All changes will be effective immediately upon posting by the Website and will apply thereafter to all access and use of the Website. You waive your right to be notified of any revision of the Terms and Conditions and agree to be bound by any such changes.
11. Revocation instruction
11.1 The Website allows you to send and open messages, send a tip or unlock other content immediately after receipt of payment for a credit. Since the sending of messages, the sending of a tip, as well as the opening of messages, the joining of fan areas, the viewing of content etc. are not suitable for return, the otherwise usual right of withdrawal does not apply. If errors occur during the payment process or during access, please contact email@example.com. Used credit cannot be refunded. If fraudulent or abusive behaviour patterns occur during the ordering process or the transaction is denied, we reserve the right to block the data used for future transactions. We also reserve the right to seek prosecution of cases of fraud or abuse under criminal and/or civil law.
12. Severability clause
Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the contract as a whole shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective which the parties to the contract had pursued with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.
Applicable law and place of jurisdiction is the Netherlands.