Fanport Terms of Service

Article 1 (Operator Information)

1. The operator information for this platform is as follows:
   • Business Name: Fanport
   • Location: Japan (Please contact us for details)
   • Contact: Contact form on this platform or separately designated contact information
2. Communication with the Company shall be made through the methods specified in the preceding paragraph.

Article 2 (Definitions)

The terms used in these Terms of Service are defined as follows:

1. "Platform" - The creator support platform operated by Fanport and all related services
2. "User" - All individuals or entities registered and using this platform
3. "Creator" - Users who publish and provide content to viewers on this platform
4. "Viewer" - Users who view creators' content and pay for it on this platform
5. "Content" - Images, videos, audio, text, and any other form of information posted on this platform
6. "Subscription Plan" - A contract where viewers pay a monthly fee to continuously access a specific creator's content
7. "Individual Sale" - A transaction where viewers pay a one-time fee to purchase viewing rights for individual content
8. "Service Fee" - The fee collected by the Company from creators' revenue
9. "Creator Revenue" - The amount creators receive from viewer payments after service fees are deducted
10. "Prohibited Content" - Content prohibited from publication on this platform as defined in Article 29 of these Terms

Article 3 (Scope of Application)

1. These Terms of Service govern the rights and obligations between Fanport (hereinafter "the Platform"), operated by Fanport (hereinafter "the Company"), and all users of the Platform.
2. By using the Platform, users are deemed to have agreed to all provisions of these Terms.
3. If you do not agree to these Terms, you may not use the Platform.
4. Individual terms, guidelines, policies, etc., posted on the Platform from time to time by the Company shall form part of these Terms.

Article 4 (Purpose of Service)

1. The Platform provides infrastructure for creators to publish content and for viewers to view such content or communicate with creators.
2. The Platform aims to support creators' creative activities and establish new relationships between viewers and creators.
3. While the Company provides technical infrastructure and systems for the Platform, it is not directly involved in transactions or relationships between users.

Article 5 (Important Matters Regarding Service Nature)

1. The Platform is a service for providing and viewing content between creators and viewers, and is not a dating service or a service that introduces or mediates partners for romance, dating, or marriage.
2. The Company is not involved in and does not guarantee the establishment, continuation, or results of private relationships, romantic relationships, sexual relationships, meetings, or real-world contact between users.
3. Users shall not expect real-world meetings or relationships to arise from using the Platform, and shall not use the Platform for the purpose of meeting, dating, solicitation, or mediation.

Article 6 (Amendments to Terms)

1. The Company may amend these Terms without prior notice to users in the following cases:
   • When responding to legal amendments
   • When it serves the general interests of users
   • When the change does not conflict with the purpose of the contract and the necessity and reasonableness of the change are recognized
2. For changes other than those in the preceding paragraph, the Company shall announce the changes on the Platform and set a certain period before the effective date of the changes.
3. Amended Terms shall take effect from the time they are posted on the Platform or at a date and time specified by the Company.
4. If a user continues to use the Platform after amendments, they are deemed to have agreed to the amended Terms.

Article 7 (Eligibility)

1. Only those who meet all of the following requirements may use the Platform:
   • Must be 18 years of age or older
   • Have the capacity to enter into valid contracts under the laws of their country of residence
   • Use of the Platform does not violate the laws of their country of residence
   • Have not previously been subject to suspension or account deletion by the Company
   • Have not been convicted of a serious crime
2. Even if a minor has obtained consent from a legal guardian, only persons 18 years of age or older may use the Platform.
3. Corporations or other organizations may use the Platform by registering through their representative or a person with proper authority.

Article 8 (Account Registration Procedure)

1. Those wishing to use the Platform shall register an account using the method prescribed by the Company after agreeing to these Terms.
2. To register as a viewer, the following information must be provided:
   • Valid email address
   • Username
   • Password
   • Other information designated by the Company
3. To register as a creator, in addition to the information in the preceding paragraph, the following information must be provided:
   • Identity verification documents (government-issued ID)
   • Photographs of the person (2 or more)
   • Bank account or other payment method information for receiving creator revenue
   • Other documents the Company deems necessary for identity and age verification
4. The Company has the authority to approve or reject registration applications without disclosing reasons.
5. If registration information contains false information, errors, or omissions, the Company may suspend or delete the account.

Article 9 (Account Management Responsibility)

1. Users shall strictly manage their account information (username, password, etc.) at their own responsibility.
2. The Company shall not be liable for any damages arising from inadequate management of account information, errors in use, or use by third parties.
3. If a user becomes aware that their account is being used by a third party, they shall immediately notify the Company and follow the Company's instructions.
4. Users may not transfer, lend, sell, or pledge their account to third parties.

Article 10 (Account Deletion)

1. Users may delete their account at any time at their own convenience.
2. After account deletion, users lose the right to access all content and information associated with that account.
3. If a creator deletes their account, the account will be retained until all active subscription plans expire, after which it will be deleted.
4. If a viewer deletes their account, the Company will not charge for subscription plans after deletion.

Article 11 (Grounds for Account Suspension or Deletion)

1. The Company may, without prior notice, temporarily suspend, restrict functions, or delete accounts if it determines that a user falls under any of the following:
   • Violation of any provision of these Terms
   • Discovery of false information in registration details
   • Acts that interfere with platform operation
   • Acts that cause damage to other users or third parties
   • Discovery of affiliation with or involvement in antisocial forces
   • Discovery that a person previously subject to measures by the Company has re-registered
   • Other acts deemed inappropriate by the Company

Article 12 (Creator Identity Verification Obligation)

1. Creators are obligated to promptly submit identity verification and age verification documents at the time of account registration and subsequently when requested by the Company.
2. Documents requested by the Company include, but are not limited to:
   • Government-issued photo ID (driver's license, passport, My Number card, etc.)
   • Photographs of the person (multiple)
   • Documents proving place of residence
   • Other documents deemed necessary by the Company
3. If a creator refuses to submit identity verification documents or if the submitted documents are insufficient, the Company may suspend or delete the account.
4. Registration using another person's identification or providing false information may be subject to criminal penalties.

Article 13 (Content Posting Requirements)

1. Creators may post content they have created on the Platform and provide it to viewers.
2. Posted content must meet the following requirements:
   • Content for which the creator owns copyright and other rights, or has the legal right to use
   • Does not infringe on the rights of third parties
   • Does not violate these Terms or applicable laws
3. Creators may determine pricing, visibility, whether to include in subscription plans, etc., when posting content.
4. The Company has no obligation to pre-screen posted content, but has the authority to review it at any time and delete content deemed to violate these Terms.

Article 14 (Warranties Regarding Content)

1. Creators warrant the following regarding all content they post:
   • Content does not violate these Terms or applicable laws
   • Content owns or has legal authority to use copyright, trademark rights, portrait rights, and all other rights
   • When using third-party materials, necessary rights processing, license acquisition, and consent have been completed
   • Content quality matches the creator's description and pricing
2. If a dispute arises with a third party regarding posted content, creators shall resolve it at their own responsibility and expense.
3. If the Company suffers damages due to disputes in the preceding paragraph, creators shall be liable to compensate the Company for such damages.

Article 15 (Obligations for Multi-Person Content)

1. Creators are obligated to obtain appropriate consent in advance from all performers when producing and publishing content featuring multiple people (hereinafter "Collaborative Content").
2. When obtaining consent as described in the preceding paragraph, creators must confirm and implement the following:
   • Confirmation that all performers are 18 years of age or older
   • Confirmation that each performer fully understands the filming purpose, distribution scope, and distribution on this platform
   • Obtaining and retaining copies of each performer's identification
   • Obtaining performance consent forms (including electronic records) in advance
3. Creators are obligated to properly manage copies of all performers' identification and performance consent records, and to submit them promptly when requested by the Company.
4. If a performer in collaborative content is a creator on the Platform, identifying information for that creator may be attached when posting.
5. Performers may request that content in which they appear be stopped from distribution. When such a request is made, creators shall stop publication of the content within a reasonable period.
6. If there is a violation regarding obtaining performer consent, the Company may delete content, withhold creator revenue, or suspend or delete the account.
7. Creators shall resolve disputes arising with performers at their own responsibility and expense, and the Company assumes no responsibility.

Article 16 (Use of Messaging Features)

1. The Platform enables communication between creators and viewers through messaging features.
2. The Company does not guarantee that communication on the Platform is always directly created or sent by the creator themselves.
3. Creators may, at their own responsibility, use third parties (outsourcing partners, managers, staff, etc.) or automated systems (including artificial intelligence technology) to respond to messages.
4. Users understand and agree that message content may not necessarily reflect the creator's direct intentions, views, emotions, or expressions.
5. The Company assumes no responsibility, to the extent permitted by applicable law, for dissatisfaction, misunderstandings, or discrepancies with expectations arising from the nature of communication.

Article 17 (Scope of Viewing Rights)

1. Viewers acquire the right to view creators' content through subscription plans or individual sales.
2. Viewing rights are granted only for personal, private use by individual viewers, and the following acts are prohibited:
   • Sharing, forwarding, publishing, or distributing content to third parties
   • Downloading, copying, taking screenshots, or screen recording to save content (except when explicitly permitted by the Platform)
   • Using content for commercial purposes
   • Modifying, editing, or creating derivative works from content
3. If a viewer violates the preceding paragraph, creators and the Company have the right to take appropriate action including legal measures.

Article 18 (Subscription Plan Mechanism)

1. By purchasing a subscription plan for a specific creator, viewers can access content published by that creator (excluding content with individual pricing) for a certain period.
2. Subscription plans are in principle for one month and auto-renew.
3. Subscription plan fees are the amount set by the creator plus consumption tax and other applicable taxes.
4. When a viewer purchases a subscription plan, by completing the purchase procedure, they are deemed to have agreed to the following:
   • Subscription plans auto-renew
   • Fees are automatically charged from the registered payment method upon renewal
   • No separate notification is received upon renewal
5. Viewers can turn off auto-renewal settings for subscription plans at any time.
6. If a subscription plan is canceled, the viewer can view content until the end of the subscription period, but fees will not be charged at the next renewal.

Article 19 (Use of Individual Sales)

1. Viewers can purchase individually priced content set by creators as single items.
2. Individual sale payments are processed immediately, and after purchase, the viewer acquires the right to view that content.
3. Viewing rights for content through individual sales are in principle ongoing, but will become unavailable if the creator deletes the content or deletes their account.

Article 20 (Prohibited Acts by Viewers)

1. Viewers shall not engage in the following acts:
   • Unauthorized copying, distribution, publication, or sale of content
   • Requesting meetings, relationships, sexual relations, or other real-world contact with creators
   • Threatening, stalking, or harassing creators
   • Sending discriminatory, insulting, or defamatory messages to creators or other users
   • Proposing direct transactions with creators outside the Platform to avoid the Company's fees
   • Avoiding payment of fees through fraudulent means
   • Making undue chargeback claims
   • Other acts that violate these Terms or applicable laws
2. If a viewer violates the preceding paragraph, the Company may suspend or delete their account.

Article 21 (Pricing)

1. Creators may freely set monthly fees for subscription plans and prices for individual content.
2. All prices are displayed and processed in US dollars (USD).
3. Prices do not include consumption tax or other indirect taxes, which are added at the applicable rate during payment.

Article 22 (Payment Method Registration)

1. Viewers must register a valid payment method before making subscription plans or individual sales.
2. Payment methods accepted by the Company include credit cards, debit cards, and other payment methods designated by the Company.
3. Viewers authorize the Company and payment processors designated by the Company to charge fees from registered payment methods.
4. If multiple payment methods are registered, if the first payment method fails, the second payment method will be used.

Article 23 (Auto-Renewal Processing)

1. Subscription plans automatically renew monthly unless the viewer turns off auto-renewal.
2. If the creator has changed the price at the time of auto-renewal, the new price will apply. In this case, the viewer will be notified before renewal.
3. If payment fails at auto-renewal and the viewer does not provide an alternative payment method, the subscription plan will terminate.

Article 24 (Service Fees)

1. The Company collects a certain percentage of payments from viewers to creators as a service fee. The fee rate is set with reference to industry standards, considering costs necessary for platform operation such as technology development, payment processing fees, server maintenance costs, and customer support costs.
2. The current fee rate is 20%. However, the Company may change the fee rate due to changes in business environment, legal amendments, expansion of service content, etc.
3. Service fees are automatically deducted when payments from viewers are received.
4. If the Company changes the fee rate, it will notify users at least 30 days before the scheduled change date.

Article 25 (Calculation of Creator Revenue)

1. Creator revenue is the amount paid by viewers minus service fees.
2. Creator revenue is reflected in the creator's account balance and can be withdrawn when a certain minimum payment amount is reached.
3. Creator revenue payments are made to the bank account or payment method registered by the creator.
4. All transactions are processed in US dollars. If the creator's bank or payment provider charges currency conversion fees, the Company is not responsible for this.
5. If a viewer receives a chargeback or refund, the Company may deduct the corresponding amount of revenue from the creator's account balance.

Article 26 (Refund Policy)

1. Fees for subscription plans or individual sales are in principle non-refundable.
2. However, refunds may be provided at the Company's discretion only in the following cases:
   • When a viewer was unable to access content due to system failures or other technical problems
   • When duplicate charges occurred due to payment processing errors
   • Other cases where the Company deems a refund appropriate
3. If the Company determines that a viewer has made an undue refund request or chargeback, the Company may suspend or delete the viewer's account.

Article 27 (Withholding or Deducting Creator Revenue)

1. The Company may withhold, deduct, or cancel all or part of a creator's revenue in the following cases:
   • When the Company determines the creator has seriously violated these Terms
   • When the Company determines creator revenue was obtained through illegal acts, fraudulent acts, or improper means
   • When the Company incurs losses due to viewer chargebacks or refunds
   • When a dispute arises between a creator and viewer regarding attribution of creator revenue
2. Revenue withheld or deducted under the preceding paragraph will be applied to the Company's compensation for damages, refunds to viewers, or other appropriate purposes.
3. If a creator does not raise an objection within 6 months from the date of receiving notification of withholding or deduction, they are deemed to have accepted the measure.
4. Creators may assert rights under the Consumer Contract Act or other consumer protection laws regarding measures under this article.

Article 28 (Tax Responsibilities)

1. Creators are responsible for properly declaring and paying taxes on revenue obtained through the Platform according to their country of residence and applicable tax laws.
2. The Company has no obligation to provide tax advice to creators and assumes no responsibility for creators' failure to fulfill tax obligations.
3. If it is discovered that a creator has not fulfilled tax obligations or is subject to investigation by tax authorities, the Company may suspend the account and withhold creator revenue payments.
4. If applicable law requires the Company to withhold taxes from creator revenue, the Company shall fulfill that obligation.

Article 29 (Prohibited Content)

1. Creators shall not post the following content:
   • Content that infringes copyright, trademark rights, portrait rights, publicity rights, or other intellectual property rights
   • Content featuring persons under 18 years of age, or content depicting persons who appear to be under 18 engaging in sexual acts
   • Content that constitutes child pornography or child sexual exploitation
   • Content containing fraudulent, false, or misleading information
   • Content containing hate speech, racial discrimination, ethnic discrimination, gender discrimination, or other discrimination
   • Content that promotes, solicits, or instructs illegal acts
   • Violent, cruel, or excessively violent content
   • Content that promotes the use, manufacture, or sale of illegal drugs
   • Content that promotes or glorifies suicide or self-harm
   • Content depicting bestiality, sexual acts with corpses, or other socially unacceptable sexual acts
   • Content depicting non-consensual sexual acts
   • Content depicting excretory acts in a sexual manner
   • Other content contrary to public order and morals, or deemed inappropriate by the Company
2. The Company may delete content deemed to fall under the preceding paragraph without prior notice.
3. The Company may take measures including account suspension or deletion against creators who post prohibited content.

Article 30 (Prohibited Acts Common to All Users)

1. Users shall not engage in the following acts:
   • Acts that violate these Terms or applicable laws
   • Acts that infringe the rights of the Company, other users, or third parties
   • Providing false information
   • Impersonating others
   • Acts that interfere with platform operation
   • Technical attacks such as unauthorized access, hacking, reverse engineering
   • Distribution of spam, phishing, malware
   • Acts of sexually exploiting or harming minors
   • Harassment, threats, stalking of other users
   • Money laundering, fraud, or other criminal acts
   • Direct transactions outside the Platform to avoid the Company's fees
   • Unauthorized use of automation tools, bots, etc. (except when explicitly permitted by the Company)
   • Other acts deemed inappropriate by the Company
2. If a user violates the preceding paragraph, the Company may take measures specified in Article 31.

Article 31 (Response to Violations)

1. If the Company determines a user has violated these Terms, it may take the following measures without prior notice:
   • Issue a warning
   • Delete content
   • Temporarily suspend account
   • Permanently delete account
   • Withhold creator revenue payments
   • Refund or cancel viewer payments
   • Implement legal measures
2. When the Company takes measures, it will explain the reasons to a reasonable extent.
3. Users may appeal to the Company if they are dissatisfied with the Company's measures. However, the final decision is made by the Company.
4. Even after account deletion, the Company retains the right to claim compensation for damages suffered due to users' violation of these Terms.

Article 32 (Ownership of Content)

1. Copyright and other intellectual property rights in content posted by creators belong to the creators.
2. Viewers acquire viewing rights to content but do not acquire ownership or intellectual property rights to the content.
3. Intellectual property rights to the Platform's systems, software, designs, logos, trademarks, and other materials provided by the Company belong to the Company or third parties who have licensed the Company.

Article 33 (License Grant)

1. Creators grant the Company a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use posted content for the following purposes:
   • To operate, provide, and improve the Platform
   • To display content to viewers
   • To backup and cache content
   • For Platform promotion and marketing (only with prior consent from the creator)
   • To fulfill disclosure obligations under law
2. The Company will not sell creators' content to third-party platforms. However, if the Company's business or assets are sold, merged, or undergo other corporate reorganization, this license may also be transferred.
3. Even if a creator deletes their account, the Company may retain copies of content for a certain period for technical reasons.

Article 34 (Response to Rights Infringement)

1. Users may notify the Company if they discover content on the Platform that infringes their own or a third party's intellectual property rights.
2. Upon receiving notification, if the Company determines that the content constitutes rights infringement, it will promptly delete it or take other measures.
3. The Company has the authority to notify third parties of rights infringement on behalf of creators, but has no obligation to do so.
4. Those who make false infringement notifications may be liable for damages to those harmed by such notification.

Article 35 (Handling of Personal Information)

1. The Company handles users' personal information in accordance with its separately defined Privacy Policy.
2. By using the Platform, users are deemed to have agreed to the Privacy Policy.
3. The Company may disclose users' personal information when there is a legal disclosure obligation or when receiving lawful requests from courts, police, or other public institutions.

Article 36 (Use of Anonymized Data)

1. The Company may use data related to users' usage patterns after anonymization for the following purposes:
   • To improve the Platform and develop features
   • To create and publish statistical information
   • For marketing and advertising
2. The Company has full ownership of anonymized data and may freely use it to the extent permitted by law.

Article 37 (Disclaimers)

1. The Company assumes no responsibility for the following matters:
   • Accuracy, completeness, or legality of content posted or distributed by users
   • Transactions, disputes, or troubles between users
   • Revenue or losses users obtain through the Platform
   • Unauthorized use, copying, or distribution of users' content by third parties
   • Theft or unauthorized use of users' account information
   • Internet connection failures, server outages, or other technical problems
   • Malfunctions of users' devices or software
   • Natural disasters, wars, terrorism, epidemics, or other force majeure events
2. The Company does not guarantee that the Platform will always be available, error-free, or free from security vulnerabilities.
3. The Company is not involved in and assumes no responsibility for the content of communication between users on the Platform and other users or third parties.

Article 38 (Scope of Liability)

1. Even if users suffer damages due to the Company's breach of contract or tort, the scope of the Company's liability for compensation is limited to the total fees paid by the user to the Company in the most recent 12 months, except in cases of the Company's willful misconduct or gross negligence.
2. The Company assumes no responsibility for the following damages:
   • Lost profits or business opportunities
   • Loss of data
   • Damage to reputation or credit
   • Indirect, special, or consequential damages
3. The provisions of this article apply except where limited by the Consumer Contract Act or other mandatory laws.

Article 39 (Indemnification by Users)

1. Users are obligated to indemnify the Company, its officers, employees, and agents if they suffer damages, costs (including attorney's fees), or claims due to the user's violation of these Terms or illegal acts.
2. If the Company receives claims from third parties due to users' content infringing third-party rights, users shall indemnify the Company for all damages arising from such claims.

Article 40 (Governing Law)

1. These Terms are governed by and construed in accordance with the laws of Japan.

Article 41 (Dispute Resolution Procedure)

1. In the event of a dispute between a user and the Company regarding these Terms or the Platform, the parties shall consult in good faith and seek an amicable resolution.
2. If resolution cannot be reached through consultation, users agree to notify the Company in writing and attempt resolution through mediation before filing a lawsuit.
3. If mediation fails or if resolution is not reached within 60 days from the start of mediation, either party may file a lawsuit.

Article 42 (Jurisdiction)

1. For disputes arising from these Terms, the Tokyo District Court shall be the exclusive court of agreed jurisdiction for the first instance.
2. However, if a user is a consumer, courts with jurisdiction over the user's place of residence shall also have jurisdiction.

Article 43 (Severability)

1. Even if any provision of these Terms is deemed invalid or unenforceable by law, the validity of other provisions of these Terms shall not be affected.
2. Provisions deemed invalid or unenforceable shall be replaced with valid content closest to the intent of such provisions.

Article 44 (Inquiries)

1. Inquiries regarding these Terms or the Platform should be made through the inquiry form on the Platform.
2. The Company will endeavor to respond to inquiries within a reasonable period but does not guarantee immediate responses.