Terms | HOOKMI

"  <h3 id="h.yrcnmxyj1o1n" class="c13">GTC (GENERAL TERMS AND CONDITIONS)        hookmi  </h3> <h3 id="h.yrcnmxyj1o1n-1" class="c13"> </h3> <h4 id="h.uvx2lhwc4i96" class="c12">TERMS OF USE FOR ALL USERS</h4> LEGAL NOTICE: BY USING THIS SITE, YOU AGREE TO THESE TERMS - PLEASE READ CAREFULLY.       1. Introduction: These terms of use regulate the use of hookmi by all users and represent a binding agreement between the user and Antom Media UG, the operator of hookmi.               2. Interpretation: The following definitions apply to these Terms of Use: <ul class="c1 lst-kix_2ag4q08lmc2f-0 start"> <li class="c5 li-bullet-0">"hookmi" means our website, even if accessed via the URL www.hookmi.com .</li> <li class="c5 li-bullet-0">References to "we", "our" or "us" refer to Antom Media UG, the operator of hookmi.</li> <li class="c5 li-bullet-0">"Content" refers to any material uploaded to hookmi by any user, whether Creator or Fan, including photos, videos, audio (e.g., music and other sounds), livestream material, data, text (e.g. comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes and any other material.</li> <li class="c5 li-bullet-0">“Creator” refers to a user who has set up their hookmi account as a Creator account in order to post content to hookmi for other users to view.</li> <li class="c5 li-bullet-0">"Fan" refers to a user who follows a Creator and can view the Creator's content.</li> <li class="c5 li-bullet-0">"Fan/Creator Transaction" refers to any transaction between a Fan and a Creator on hookmi granting access to the Creator's Content, including by any of the following: (i) a subscription, (ii) by a Payments made by a fan to view a Creator's pay-per-view content (pay-per-view media and pay-per-view live streams), and (iii) use of the fan engagement feature on a Creator's account by the Fan.</li> <li class="c5 li-bullet-0">“Fan Payment” refers to any payment made by a Fan to a Creator, whether in connection with a Fan/Creator transaction or as a tip to a Creator.</li> <li class="c5 li-bullet-0">"Referring User" refers to a user who participates in the hookmi referral program.</li> <li class="c5 li-bullet-0">“Standard Fan-Creator Agreement” refers to the terms and conditions for each Fan/Creator transaction found on our website.</li> <li class="c5 li-bullet-0">“Subscription” refers to a Fan's subscription to a Creator's account, whether paid or unpaid, and whether for a month or as part of a package that includes a subscription for more than a month.</li> <li class="c5 li-bullet-0">“Terms of Service” (also known as “Your Agreement with Us”) represents the legally binding agreement between you and us, consisting of:       (i) these Terms of Service for All Users , (ii) <a class="c3" href="https://www.google.com/url?q=https://platform.contentfans.com/p/terms-fans&sa=D&source=editors&ust=1716823093785390&usg=AOvVaw2n8nL_yzx3RkyVMnGkolTP">Terms of Service for Fans</a>, (iii) Terms of Service for Creators , (iv) Privacy Policy, (v) Acceptable Use Policy , (vi) Referral Program Terms, (vii) Complaints Policy, and (viii) Platform to Business Regulation Terms. (Links visible for registered users)</li> <li class="c5 li-bullet-0">"User" refers to all hookmi users, both Creators and Fans, and is also referred to as "you" or "your".</li> </ul>         3. Antom Media UG operates hookmi and is a registered UG (limited liability) in Germany with the registration number HRB19907. Our company headquarters are in Am BioPark 13, 93053 Regensburg. If you have any questions about hookmi, you can contact our support team at support@hookmi.com. If you cannot reach us by email, you can send a written request to Antom Media UG at the above address.               4. In certain circumstances we may change any part of the Terms of Service without notice. These circumstances include changes in laws and regulatory requirements affecting hookmi, as well as unforeseen cybersecurity risks that may pose a threat to our platform and its users.                 5. In the event that we make other changes to the Terms of Use, we will give you reasonable notice by email or via the hookmi Platform. If you do not agree to any changes to the Terms of Use, you may terminate your agreement with us before the changes take effect. Once updated Terms of Service become effective, your continued use of hookmi will mean that you accept the changes.               6. We may update and change hookmi for a variety of reasons, including to improve performance, add functionality, or address security concerns. While we will try to give you reasonable notice of any major changes to the Platform, we do not guarantee that hookmi will always be available or be accessible without interruption. We reserve the right to block or withdraw hookmi in whole or in part for operational or business reasons. If you are affected by such a suspension or withdrawal, we will take reasonable steps to notify you.               7. In order to use hookmi, you must first create a user account by registering with the platform. To do this, you must provide a valid email address, a username and a password that meets the technical requirements for creating a password. Alternatively, you can also authenticate yourself with a valid Facebook or Google account. Your password should be unique, ie it should be different from the ones you use for other websites.       To register as a user, the following conditions must be met: <ul class="c1 lst-kix_5z2ke7ux9w49-0 start"> <li class="c5 li-bullet-0">You must be at least 18 years old and confirm your age during the registration process.</li> <li class="c5 li-bullet-0">If the laws of the country or state/province in which you live require an older age to be legally bound by a contract with us, you must meet that age requirement.</li> <li class="c5 li-bullet-0">In addition, you must be eligible under the laws of the country or state/province where you are located to join hookmi, view the available content, and use the features provided.</li> <li class="c5 li-bullet-0">You may also be required to provide other information or verification documentation to complete your registration as requested by hookmi.</li> </ul>         8. If you do not meet any of the registration requirements, you will not be able to access or use the Platform.               9. With your registration you enter into the following obligations towards us: <ul class="c1 lst-kix_oyvk735vgz14-0 start"> <li class="c5 li-bullet-0">If you previously had an account with hookmi, you confirm that it has not been terminated or suspended by us for violating any of our terms or policies.</li> <li class="c5 li-bullet-0">You will provide true, accurate and complete information when you submit information to us.</li> <li class="c5 li-bullet-0">They will promptly update your information if it changes.</li> <li class="c5 li-bullet-0">You consent to receive electronic communications from us, including emails and messages posted to your hookmi account, and to the processing of your personal data as described in more detail in our Privacy Policy.</li> <li class="c5 li-bullet-0">You will keep your account/login details confidential and secure, including your user details, passwords and any other information that is part of our security procedures, and you will not disclose this information to any third party. You will immediately contact support@hookmi.com if you believe someone else is using your account without permission or if your account has been subject to any other security breach. You also agree to log out of your account at the end of each session and to take extra care when accessing your account from a public or shared computer to ensure that your password or other personal information is not accessed by others, view or record it.</li> <li class="c5 li-bullet-0">You are responsible for all activity on your account, even if someone else uses it in violation of the Terms of Service.</li> <li class="c5 li-bullet-0">You will fully comply with these Terms of Service for All Users, our Acceptable Use Policy and all other parts of the Terms of Service that apply to your use of hookmi.</li> </ul>         10. Our rights to suspend or terminate your account: <ul class="c1 lst-kix_bbvyb5w0q07n-0 start"> <li class="c5 li-bullet-0">As a provider of hookmi, we have the right to moderate or review your content to ensure compliance with our Terms of Service and applicable laws, although we are not obligated to do so.</li> <li class="c5 li-bullet-0">If we become aware of content that we suspect violates our Terms of Service or the law, we may block access to that content while we investigate. In this case, you can request a review of our decision by contacting us at support@hookmi.com. Once we have investigated the matter, we may take any action we deem appropriate, including restoring access to the Content, permanently removing it, or disabling access to it, without obtaining your consent and without notifying you in advance. You agree to provide us with any reasonable assistance, including any information requested, to assist in our investigation.</li> <li class="c5 li-bullet-0">If we suspend or remove your content, we will notify you via email or electronic message to your hookmi account. However, we are under no obligation to notify you in advance.</li> <li class="c5 li-bullet-0">We reserve the right, in our sole discretion, to terminate your agreement with us and your access to hookmi for any reason. We will provide you with 30 days' prior notice of termination by email or electronic message to your hookmi account, except in cases where immediate termination is required. Immediate termination may occur</li> </ul> <ul class="c1 lst-kix_bbvyb5w0q07n-1 start"> <li class="c4 li-bullet-0">if we suspect or have evidence that you have seriously or repeatedly breached any part of the Terms of Service, including our Acceptable Use Policy, or</li> <li class="c4 li-bullet-0">if your actions could harm us or another user. In such cases, we reserve the right to withhold payments and block access to your account.</li> </ul> <ul class="c1 lst-kix_bbvyb5w0q07n-0"> <li class="c5 li-bullet-0">Upon termination of your account, we will deal with your content in accordance with our privacy policy, including deleting the content. After you terminate your account, you will no longer have access to your content.</li> <li class="c5 li-bullet-0">We have the right to investigate any suspected or alleged abuse, actual abuse, or unlawful use of hookmi and to cooperate with law enforcement authorities in any such investigation. We may also disclose any information or records in our possession or control about your use of hookmi to law enforcement authorities in connection with law enforcement investigations of suspected illegal activity, or to protect our rights or legal interests, or in response to legal process.</li> <li class="c5 li-bullet-0">We reserve the right to change the payment providers used to process payments on hookmi. In such cases, we will notify you and store relevant details in your hookmi account.</li> <li class="c5 li-bullet-0">All rights in hookmi and its entire content, features, database, source code and functionality, excluding content owned or licensed to the creators, are owned by us and/or our licensors. This material is protected by copyright, trademark, trade secret and other intellectual property laws.</li> <li class="c5 li-bullet-0">We only own any anonymized data related to your use of hookmi and we may use this data for commercial, development and research purposes.</li> </ul>         11. We are committed to providing you with hookmi using reasonable care and skill, but our responsibility is subject to certain limitations as set out below: <ul class="c1 lst-kix_8cwqb6aiwnmn-0 start"> <li class="c5 li-bullet-0">We do not endorse or approve the content on hookmi, and the views expressed by the creators or fans on hookmi do not necessarily reflect our views.</li> <li class="c5 li-bullet-0">We grant you no rights in relation to the content. Any rights you have may only be granted to you by Creators.</li> <li class="c5 li-bullet-0">Your content can be viewed by people who can identify you. We will have no liability to you if you are identified from your content. Although we may offer geofencing or geolocation technology on hookmi, we cannot guarantee its accuracy or effectiveness, and you have no claims against us arising out of your use of or reliance on such technology.</li> <li class="c5 li-bullet-0">All content is created, selected and provided by users, not by us. We are under no obligation to monitor content or to detect violations of the Terms of Service (including the Acceptable Use Policy).</li> <li class="c5 li-bullet-0">You are under no obligation to follow any suggestions, comments, ratings, or instructions you receive from other hookmi users. If you choose to do so, you do so at your own risk.</li> <li class="c5 li-bullet-0">We do not guarantee that Creators or Referring Users will make any money from their use of hookmi (including the hookmi Referral Program).</li> <li class="c5 li-bullet-0">The materials we make available on hookmi are for general information only. We make no representations or warranties as to the accuracy of such materials, nor do we guarantee that users will obtain specific results or results from their use.</li> <li class="c5 li-bullet-0">We do not promise that hookmi is compatible with all devices and operating systems. You are responsible for configuring your information technology, device and computer programs to access hookmi. You should use your own antivirus software.</li> <li class="c5 li-bullet-0">We are not responsible for internet availability or errors in your connections, devices or any other device or software that may occur in connection with your use of hookmi.</li> <li class="c5 li-bullet-0">While we take steps to ensure hookmi is secure and free from bugs and viruses, we cannot guarantee it and have no control over the content provided by the creators.</li> <li class="c5 li-bullet-0">We shall not be liable for any lost, stolen or compromised user account, password, email account or any unauthorized activity or payment or withdrawal of funds resulting therefrom.</li> <li class="c5 li-bullet-0">You acknowledge that once your content is published on hookmi, we cannot control or be liable for the use of that content by other users or third parties. You can delete your account at any time, but deleting your account does not necessarily prevent the dissemination of your content, which may have been recorded by other users or third parties prior to deleting your account.</li> </ul>         12. Ownership and Licenses of Intellectual Property Rights: <ul class="c1 lst-kix_eobqnbqnm2um-0 start"> <li class="c5 li-bullet-0">By using hookmi, you acknowledge that you either own all intellectual property rights in your content, such as copyrights and trademarks, or that you have obtained all necessary rights to license your content to us and other users. This includes the rights necessary to participate in the Subsection 10(b) activities in all territories where hookmi is accessible, including the United States, the United Kingdom and the European Union.</li> <li class="c5 li-bullet-0">You agree to license any of Your Content to us to perform any acts restricted by intellectual property rights, including copying, making available, communicating to the public, displaying, performing, distributing, translating, creating adaptations or derivative works and other transactions related to your content.</li> <li class="c5 li-bullet-0">This license is perpetual, non-exclusive, worldwide, royalty-free, sub-licensable, assignable and transferable, meaning it survives even after you stop using hookmi, we don't have to pay you for it and may assign or transfer it to you or someone else.</li> <li class="c5 li-bullet-0">Although we do not own your content, we have the limited right to send notices of infringement, including copyright or trademark infringement, on your behalf to third-party websites or services that host or deal with infringing copies of your content, without your permission.</li> <li class="c5 li-bullet-0">You waive any moral rights you may have under applicable law to object to any disparaging treatment of your Content posted on hookmi. This waiver does not affect your ownership of any intellectual property rights in your Content or your right to prevent unauthorized copying thereof.</li> </ul>         13.Facebook. If you use the feature to connect your active Facebook account to your hookmi account and share certain content in the form of hookmi posts on Facebook, you must fully comply with Facebook's Terms of Service.               14. Linking to and from hookmi: <ul class="c1 lst-kix_b008kff5nox9-0 start"> <li class="c5 li-bullet-0">Links to content fans</li> </ul> <ul class="c1 lst-kix_b008kff5nox9-1 start"> <li class="c4 li-bullet-0">You may link to the hookmi home page, provided you do so legally and fairly, without tarnishing our reputation or implying any association, approval or endorsement on our part.</li> <li class="c4 li-bullet-0">If you are a creator, when promoting your creator account, you must comply with our Terms of Service and the terms of service of any other website where you advertise your creator account. You may not impersonate hookmi or give the impression that we are promoting your Creator Account when we are not. You may not promote your hookmi account through Google Ads or similar advertising platforms or search engine advertising services.</li> </ul> <ul class="c1 lst-kix_b008kff5nox9-0"> <li class="c5 li-bullet-0">hookmi Links: Where hookmi contains links to third party websites or resources, those links are provided for your convenience only and we have no control over their content or any loss or damage that may result from your use. If you decide to access third party websites linked to hookmi, you do so at your own risk and in accordance with their terms of use.</li> <li class="c5 li-bullet-0">hookmi may allow creators to register or use domain names that contain its trademark or a similar term, but only under certain conditions. You are not permitted to register such a domain name unless</li> </ul> <ul class="c1 lst-kix_b008kff5nox9-1 start"> <li class="c4 li-bullet-0">it is registered by you, redirects to your hookmi profile,</li> <li class="c4 li-bullet-0">and does not refer to other websites, including link aggregators.</li> <li class="c4 li-bullet-0">Alternatively, you can obtain prior written approval from hookmi and sign a license agreement.</li> </ul> <ul class="c1 lst-kix_b008kff5nox9-0"> <li class="c5 li-bullet-0">If you wish to register a domain name that contains the hookmi trademark or a similar term, please contact support@hookmi.com. Failure to comply with these requirements or the license agreement may be considered a violation and may result in hookmi filing a domain dispute against the registrant.</li> </ul>                 15. Account Deletion: To delete your hookmi account, go to the "Account Settings" section of your account. <ul class="c1 lst-kix_r9u5b3scnfn-0 start"> <li class="c5 li-bullet-0">If you are a fan, your account will be deleted within a reasonable time of your request.</li> <li class="c5 li-bullet-0">If you are a creator, your account will remain open until the end of your fans' paid subscription period, after which you will receive your final payment and your account will be deleted.</li> <li class="c5 li-bullet-0">If you are both a fan and a creator, your account will be deleted in two steps, first as a fan and then as a creator.</li> <li class="c5 li-bullet-0">Once your account has been deleted, you will no longer be billed and will no longer have access to your former hookmi account or its content. All subscriptions will be canceled and cannot be renewed. After successfully deleting your account, you will receive an e-mail confirmation. We may deal with your content in any way reasonably consistent with our privacy policy, including its deletion, and you will no longer have permission to access your content. hookmi does not offer any technical way to access your content after account termination.</li> </ul>         16. Who is responsible for any loss or damage you suffer? <ul class="c1 lst-kix_xxope4xu6mts-0 start"> <li class="c5 li-bullet-0">Whether you are a consumer or a business user, we will not exclude or limit our liability to you where to do so would be unlawful. This includes liability for death or personal injury caused by our negligence or that of our employees, agents or subcontractors and liability for fraud or fraudulent misrepresentation.       </li> <li class="c5 li-bullet-0">If you are a consumer, you agree to the following:</li> </ul> <ul class="c1 lst-kix_xxope4xu6mts-1 start"> <li class="c4 li-bullet-0">We, our affiliates, employees, owners, agents and representatives shall have no liability to you for any loss of profits, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings arising out of or relating to your use of hookmi.</li> <li class="c4 li-bullet-0">However, if you are a consumer residing in the United States, our aggregate liability to you for claims arising out of your agreement with us will be limited to $250 per claim.       </li> </ul> <ul class="c1 lst-kix_xxope4xu6mts-0"> <li class="c5 li-bullet-0">If you are a business user, you agree to the following:</li> </ul> <ul class="c1 lst-kix_xxope4xu6mts-1 start"> <li class="c4 li-bullet-0">We and our affiliates, employees, owners, representatives and agents (to the fullest extent permitted by law) exclude all implied conditions, warranties, representations or other terms which may apply to hookmi or any content thereon. This means that unless the Terms of Service expressly contain a promise or undertaking by us, this cannot be implied by law.</li> <li class="c4 li-bullet-0">We will not be liable to you for any loss or damage that is not a foreseeable result of our breach of the Terms of Use or our failure to use reasonable care and skill. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable.</li> <li class="c4 li-bullet-0">Likewise, we shall not be liable for your inability to use hookmi or its services, features or programs.</li> </ul> <ul class="c1 lst-kix_xxope4xu6mts-0"> <li class="c5 li-bullet-0">We will not be liable to you for any type of</li> </ul> <ul class="c1 lst-kix_xxope4xu6mts-1 start"> <li class="c4 li-bullet-0">lost profits and sales,</li> <li class="c4 li-bullet-0">business interruption,</li> <li class="c4 li-bullet-0">loss of expected savings,</li> <li class="c4 li-bullet-0">loss of business opportunity, goodwill, reputation,</li> <li class="c4 li-bullet-0">Loss of data or information (including any content) or</li> <li class="c4 li-bullet-0">indirect consequential damage or loss.</li> </ul> <ul class="c1 lst-kix_xxope4xu6mts-0"> <li class="c5 li-bullet-0">We will not be liable to you for any loss or damage caused by a distributed denial of service attack, virus, malware, ransomware or other technologically harmful material capable of infecting your computer equipment, computer programs, data or other proprietary material as a result of your use of hookmi or any of its services, features or programs, or as a result of your downloading any material on it or any website linked to it;</li> <li class="c5 li-bullet-0">We are not responsible for any copying, distribution, re-publication or copyright infringement of your content by other users or third parties. We are also not liable for any unauthorized disclosure or posting of your personal information, known as “doxing”, by other users or third parties. In addition, we are not responsible for any failure or delay in complying with our Terms of Service due to events beyond our reasonable control. If such an outage or delay occurs, we will notify you immediately and take steps to minimize the impact.</li> <li class="c5 li-bullet-0">Our aggregate liability to you for any claim related to your agreement with us, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall be limited to the greater of:</li> </ul> <ul class="c1 lst-kix_fyo5otohpsu6-0 start"> <li class="c5 li-bullet-0">either 100% of the total fees you paid us for using hookmi, or</li> <li class="c5 li-bullet-0">$5,000.</li> </ul>         17. You generally agree to the following: <ul class="c1 lst-kix_aij5m9mw802c-0 start"> <li class="c5 li-bullet-0">If any part of your agreement with us is unenforceable, the remaining parts will continue in effect.</li> <li class="c5 li-bullet-0">Our failure to enforce any aspect of your agreement with us will not constitute a waiver.</li> <li class="c5 li-bullet-0">We reserve all rights not expressly granted to you.</li> <li class="c5 li-bullet-0">You have no implied license or right to any part of hookmi except as provided in the Terms of Service.</li> <li class="c5 li-bullet-0">Your agreement with us does not give any third party any rights except that our affiliates, employees, owners, agents and representatives may enforce the exclusions and limitations of liability in Section 14 and the conditions in Section 16 in relation to disputes.</li> <li class="c5 li-bullet-0">You cannot transfer your rights or obligations under your agreement with us without our prior written consent.</li> <li class="c5 li-bullet-0">However, we may assign or transfer our rights and obligations to others, for example in the event of a merger, acquisition, sale of assets, or by operation of law. We may also choose to delegate the performance of our obligations to third parties, but we remain responsible to you for that performance.</li> <li class="c5 li-bullet-0">The Terms of Use constitute the entire agreement between us and you regarding your use of hookmi and supersede any prior agreement, oral or written, between us and you.</li> </ul>         18. Dispute Resolution:       The following terms govern the law applicable to your agreement with us and the jurisdiction in which disputes and claims may be brought regarding your use of hookmi: <ul class="c1 lst-kix_nsinekvytn1h-0 start"> <li class="c5 li-bullet-0">For consumers (fans):</li> </ul> <ul class="c1 lst-kix_nsinekvytn1h-1 start"> <li class="c4 li-bullet-0">Consumer Law:</li> </ul> <ul class="c1 lst-kix_nsinekvytn1h-2 start"> <li class="c14 li-bullet-0">If you are a consumer, your agreement with us will be governed by German law and any claim or dispute arising out of or in connection with your agreement with us or your use of hookmi (including non-contractual disputes or claims) will be governed by German law. You can also rely on mandatory laws of the country in which you reside.</li> </ul> <ul class="c1 lst-kix_nsinekvytn1h-1"> <li class="c4 li-bullet-0">Place of consumer jurisdiction:</li> </ul> <ul class="c1 lst-kix_nsinekvytn1h-2 start"> <li class="c14 li-bullet-0">If you are a consumer residing in the European Union or the United Kingdom, any claim or dispute arising out of or relating to your agreement with us or your use of hookmi (including non-contractual disputes or claims) may be brought before the courts be brought from Germany or the courts of your country of residence.</li> <li class="c14 li-bullet-0">If you are a consumer residing outside the European Union or the United Kingdom, any such claim or dispute must be brought before the courts located in Germany.</li> </ul> <ul class="c1 lst-kix_nsinekvytn1h-0"> <li class="c5 li-bullet-0">For business users (creator and referring users):</li> </ul> <ul class="c1 lst-kix_nsinekvytn1h-1 start"> <li class="c4 li-bullet-0">business law:</li> </ul> <ul class="c1 lst-kix_nsinekvytn1h-2 start"> <li class="c14 li-bullet-0">If you are a business user, your agreement with us will be governed by German law and any claim or dispute arising out of or in connection with your agreement with us or your use of hookmi (including non-contractual disputes or claims) will be governed by German law to the exclusion of conflict of law provisions.</li> </ul> <ul class="c1 lst-kix_nsinekvytn1h-1"> <li class="c4 li-bullet-0">Jurisdiction:</li> </ul> <ul class="c1 lst-kix_nsinekvytn1h-2 start"> <li class="c14 li-bullet-0">If you are a business user, you and we both agree that the courts located in Germany shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) arising out of or relating to your agreement with us or your use of Content fans yield .</li> </ul> <ul class="c1 lst-kix_nsinekvytn1h-0"> <li class="c5 li-bullet-0">Statute of Limitations: Except where prohibited by applicable law, any claim or cause of action you may have with respect to hookmi (including those arising out of or relating to your agreement with us) must be commenced within one year from the date on which such claim or cause of action arose or you learned of the facts giving rise to the cause of action, whichever comes first, or is barred forever.</li> </ul>         19. Your agreement with us includes these Terms of Use for all users, together with other terms and policies that apply to you, including: <ul class="c1 lst-kix_ejyu8sp4sxtk-0 start"> <li class="c5 li-bullet-0">Fan Terms of Service applicable if you use hookmi as a Fan;</li> <li class="c5 li-bullet-0">Creator Terms of Service applicable if you use hookmi as a Creator;</li> <li class="c5 li-bullet-0">Privacy Policy, which explains how we use your personal information and other information we collect about you;</li> <li class="c5 li-bullet-0">Acceptable Use Policy, which outlines what you can and cannot do on hookmi;</li> <li class="c5 li-bullet-0">Referral Program Terms applicable if you participate in the hookmi Referral Program;</li> <li class="c5 li-bullet-0">Complaints Policy, which sets out the process for filing a complaint about any aspect of hookmi and how the complaint will be handled;</li> <li class="c5 li-bullet-0">Platform to Business Regulation terms applicable to creators established or resident in the European Union or the United Kingdom;</li> <li class="c5 li-bullet-0">Our Community Guidelines, which provide additional terms and guidance regarding your interactions with hookmi.</li> </ul>         20. In the event of any conflict between these Terms of Use for All Users and the terms or policies set forth above, the Terms of Use for All Users shall prevail.       Last updated: January 2023. <h4 id="h.325d877dzznj" class="c12">FANS TERMS OF SERVICE</h4> If you use our website as a fan, you agree to these terms. Please read them carefully.         1. These Fan Terms of Service are additional terms that apply to you if you use hookmi as a Fan (referred to as “you” and “your” in these Fan Terms of Service). They form part of your agreement with us.               2. Terms defined in these Fan Terms of Service have the same meanings as in the All User Terms of Service. <ul class="c1 lst-kix_dhuupxr58krg-0 start"> <li class="c5 li-bullet-0">"USt" means German Value Added Tax or Value Added Tax in the English language (Sales Tax or Value Added Tax) and any other taxes levied in addition to or in place of them at the then applicable rate, and any equivalent or similar federal, state, federal, indirect taxes, levies , duties, regulations or levies at the provincial or municipal level in another jurisdiction.</li> <li class="c5 li-bullet-0">"Taxes" includes all forms of taxes and statutory, state, federal, provincial, local or local levies, duties, levies, contributions, levies, withholdings or liabilities, wherever levied and whether or not levied by Germany or another jurisdiction.</li> </ul>         3. In addition to these Fan Terms of Use, the following terms apply to your use of hookmi, to which you agree: <ul class="c1 lst-kix_f96fsmt03bec-0 start"> <li class="c5 li-bullet-0">Our Terms of Service for all users,</li> <li class="c5 li-bullet-0">our privacy policy, which explains how we use your personal data and other information collected about you,</li> <li class="c5 li-bullet-0">our Acceptable Use Policy, which describes what you can and cannot do on hookmi,</li> <li class="c5 li-bullet-0">our Complaints Policy, which describes the process for lodging a complaint about any aspect of hookmi and how we will deal with it,</li> <li class="c5 li-bullet-0">the standard fan-creator contract, which governs and outlines the terms applicable to any fan-creator transaction you enter into on hookmi, and</li> <li class="c5 li-bullet-0">our Community Guidelines, which provide additional terms and guidance for your interactions with hookmi.</li> </ul>         4. The following additional terms may apply to your use of hookmi: <ul class="c1 lst-kix_rohb5ula6q2t-0 start"> <li class="c5 li-bullet-0">If you are also a Creator, the Creator Terms of Service apply to your use of hookmi as a Creator.</li> <li class="c5 li-bullet-0">If you are a creator established or resident in the European Union or the United Kingdom, the terms of the Platform to Business Regulation also apply to you.</li> <li class="c5 li-bullet-0">If you participate in the hookmi Referral Program, the terms of the Referral Program apply to your use of the hookmi Referral Program.</li> </ul>         5. You make a legally enforceable promise (warranty) that: <ul class="c1 lst-kix_pt3vmse41gc-0 start"> <li class="c5 li-bullet-0">You are at least 18 years old.</li> <li class="c5 li-bullet-0">If the laws of the country or state/province in which you live require an older age to be legally bound by a contract, you are old enough to be legally bound by the laws of the country or state/province in which you live, to be legally bound by a contract.</li> <li class="c5 li-bullet-0">You will provide any other information or verification documentation that we require.</li> <li class="c5 li-bullet-0">You are permitted under the laws of the country or state/province where you are located to join hookmi, view all available content and use all features provided.</li> <li class="c5 li-bullet-0">You are willing and able to make payments (if required) to view content on hookmi and use any features provided.</li> </ul>         6. General Content Terms: Except as provided elsewhere in the Terms of Service (including but not limited to our Acceptable Use Policy), the following terms apply to the Content that you as a Fan post, view, upload or publish to Content Fans: <ul class="c1 lst-kix_l104x3d7lbf4-0 start"> <li class="c5 li-bullet-0">You promise us that for any Content you post, display, upload or publish on hookmi:</li> </ul> <ul class="c1 lst-kix_l104x3d7lbf4-1 start"> <li class="c4 li-bullet-0">Content fully complies with the Terms of Use (specifically, our Acceptable Use Policy);</li> <li class="c4 li-bullet-0">You own the Content (and all intellectual property rights therein) or have a valid license in your Content;</li> <li class="c4 li-bullet-0">If your content uses third-party material, you have obtained all rights, licenses, written consents, and releases necessary to use that third-party property in your content and then use and exploit that content on hookmi.</li> </ul> <ul class="c1 lst-kix_l104x3d7lbf4-0"> <li class="c5 li-bullet-0">If any of the warranties in Section 6(1) are found to be false, you will be liable to and indemnify us. This means that you will be responsible for any loss or damage we suffer as a result of any untrue warranty.</li> <li class="c5 li-bullet-0">We are not responsible for and do not endorse any aspect of content posted by you or any other hookmi user. We are under no obligation to monitor any content and have no direct control over what your content may comprise.</li> </ul>         7. Adult Material: You acknowledge that some of the content on hookmi contains adult material and you agree to take this into account when deciding where to access and display the content. We will not be responsible to you if you suffer any loss or damage as a result of accessing or viewing content that contains adult material in breach of any contract you have with a third party (eg your contract of employment) or violates applicable law.               8. Subscriptions and Purchases by Fans: This section describes the terms and conditions applicable to fan/creator transactions on hookmi: <ul class="c1 lst-kix_j73u9n2rd87i-0 start"> <li class="c5 li-bullet-0">All fan/creator transactions are governed by the standard contract between the fan and the creator. We only provide the hookmi platform and store content and are not responsible for fan/creator transactions or any parties involved.</li> <li class="c5 li-bullet-0">Creators are responsible for pricing their content according to the platform's policies. All prices shown are in EUR.</li> <li class="c5 li-bullet-0">Fan payments do not include Value Added Tax (VAT) which is added to fan payments at the applicable rate.</li> <li class="c5 li-bullet-0">To participate in a fan/creator transaction, you must add a payment card to your account and click the subscribe button on the creator's profile.</li> <li class="c5 li-bullet-0">By providing your payment card details, you authorize us to share them with a third party payment provider to process fan payments billed in EUR. Any currency conversion fees charged by your payment card provider or bank are your responsibility and we will not be liable for any fees or losses.</li> <li class="c5 li-bullet-0">If you add two or more payment cards and the first one is declined, the other card will be charged the full fan payment.</li> <li class="c5 li-bullet-0">For subscriptions (excluding free trials), periodic payments will be debited from your payment card by the payment provider. Immediate payments will be collected for non-subscription fan payments (e.g., tips to creators). You agree that these payments will be debited from your payment card.</li> <li class="c5 li-bullet-0">All subscription payments will automatically renew at the end of each subscription period, except in cases where your payment card is declined, the subscription price increases, or you turn off the auto-renewal switch in the creator's profile. You can turn off the auto-renewal switch on the creator's profile to unsubscribe from their content and avoid ongoing monthly subscription fees.</li> <li class="c5 li-bullet-0">CANCELLATION: You can cancel your subscription to a creator anytime by unsubscribing on the creator's page. If you decide to cancel a subscription, you will continue to have access to the Creator's content until the end of the current subscription period. After that, no further payments will be taken from your payment card unless you decide to purchase a new subscription. Your access to the Creator's Content will also terminate at this point.</li> <li class="c5 li-bullet-0">You agree not to submit unsubstantiated refund or chargeback requests for fan/creator transactions or tips to a Creator. If we suspect that you have made a refund or chargeback request in bad faith, we may suspend or delete your user account.</li> <li class="c5 li-bullet-0">You can prepay fan payments on hookmi by adding funds to your wallet balance. If your wallet balance does not cover the cost of a purchase, your payment card will be charged in full. Wallet credits have a cap, do not accrue interest, and are non-refundable.</li> </ul>         9. If we suspend your user account in accordance with the Terms of Service, any fan payments that would have been due during the suspension period will also be suspended.         <h4 id="h.d9fz4dcy9zrc" class="c12">The European Union</h4> has adopted new regulations for online platforms that came into effect on February 17, 2024. These regulations aim to improve the safety and protection of users of online platforms, promote competition and increase transparency. Scope The new regulations apply to all online platforms that offer goods or services to users in the European Union. This includes, among others, online marketplaces, social media platforms and search engines. Key elements of the regulations The new regulations contain various provisions that concern, among other things, the following points: <ul class="c1 lst-kix_vhp39e5m2e37-0 start"> <li class="c5 li-bullet-0">Liability of online platforms: Online platforms are not liable for illegal content or activities of their users unless they knowingly tolerate or promote them.</li> <li class="c5 li-bullet-0">Know-your-business principle: Online platforms must take reasonable measures to verify the identity of their users.</li> <li class="c5 li-bullet-0">Prohibition of misleading advertising: Online platforms must ensure that the advertising on their platforms is not misleading or deceptive.</li> <li class="c5 li-bullet-0">Transparency obligations: Online platforms must provide their users with transparent information about their algorithms and how their platforms work.</li> <li class="c5 li-bullet-0">Complaint mechanisms: Online platforms must set up effective complaint mechanisms for their users.</li> </ul> Impact on hookmi The new regulations have various implications for hookmi. Among the most important points are: <ul class="c1 lst-kix_nwys4fs9c01y-0 start"> <li class="c5 li-bullet-0">hookmi must take reasonable measures to verify the identity of its users.</li> <li class="c5 li-bullet-0">hookmi must ensure that the advertising on its platform is not misleading or deceptive.</li> <li class="c5 li-bullet-0">hookmi must provide its users with transparent information about its algorithms and how its platform works.</li> <li class="c5 li-bullet-0">hookmi must set up effective complaint mechanisms for its users.</li> </ul> hookmi will implement the new regulations and provide its users with the necessary information. Note: This information is for guidance only and does not constitute legal advice. For a specific legal assessment, please consult a lawyer. Further information: <ul class="c1 lst-kix_owrh4drm93ue-0 start"> <li class="c5 li-bullet-0">European Commission - Digital Services: <a class="c3" href="https://www.google.com/url?q=https://digital-strategy.ec.europa.eu/en/policies/digital-services-act-package&sa=D&source=editors&ust=1716823093798640&usg=AOvVaw03rrIWirmAjw-nGWlrvtLJ">https://digital-strategy.ec.europa.eu/en/policies/digital-services-act-package</a></li> <li class="c5 li-bullet-0">European Parliament - Digital Services Act: <a class="c3" href="https://www.google.com/url?q=https://digital-strategy.ec.europa.eu/en/policies/digital-services-act-package&sa=D&source=editors&ust=1716823093798985&usg=AOvVaw2TWwEVkgM-Uh8brlhTTXkB">https://digital-strategy.ec.europa.eu/en/policies/digital-services-act-package </a>        Last updated: May 2024.      </li> </ul> "