General information
About
By using Spank Fantasy you agree to these terms. These are Spank Fantasy's terms of use, and they apply to all
users of the Spank Fantasy platform. "We", "our" or "us" refers to Spank Fantasy and our subsidiaries.
"Spank Fantasy" refers to this platform and the services offered by us.
By using Spank Fantasy you agree to these terms and to the others we post on our
website. Please read them carefully and let us know
if you have any questions. For information about our data practices, please see our
Privacy Policy, including our
Cookies Policy. We can collect and
use your information in accordance with those policies.
Age restrictions
When you create an account you must provide us with accurate information.
To create an account you must be at least 18 years old and have your parent's permission.
To provide
a membership as a writer, you must:
-Be at least 18 years old
-Provide us with a photograph of your passport + a photo of you holding your passport for verification purposes.
You are responsible for anything that occurs when anyone is signed in to your account, as well as the security
of the account. Please
contact us immediately if you believe
your account is compromised.
Responsibility
You are responsible for all activity on your account. If you violate our policies we may terminate your
account.
Don't do anything illegal, abusive towards others, or that abuses our site in a technical way.
You can find more detailed information in the
Security Policy which cover most
issues, but if you find a new and creative way to hurt Spank Fantasy or our community we may take action to
prevent it.
Accounts
Definition of 'Creator' or 'Writer
A 'Creator' or 'Writer' is someone who offers membership to customers on Spank Fantasy. There are a lot of details here
involving payments, fees, taxes and restrictions that you should read in full if you are a writer.
Membership
To become a member simply launch your page to start your membership. Memberships are for your most passionate
fans. You’re inviting them to be part of something exciting that gives them unique benefits, like
additional access, exclusivity, and engaging experiences. In exchange, customers pay on a
subscription basis.
Payments
As a writer, you make your membership available on Spank Fantasy, and we provide membership to your customers
on a subscription basis. We also handle payments issues such as fraud, chargebacks and resolution of payments
disputes.
We try to provide timely access to your funds, but you may occasionally experience delays in accessing your
funds. We may also block or hold payments for violations of our policies or for compliance reasons, including
collecting tax reporting information. When payments are delayed or blocked we try to communicate the reason to
you promptly. If you have questions about a payments block, please reach out to us using contact form on the
website. In order to protect writers, we may block customers’ payments if we believe them to be fraudulent.
Sometimes activities like refunds can put your account balance into the negative. If your balance becomes
negative then we may recover those funds from future payments.
Fees
As a writer, there are two fees associated with your membership on Spank Fantasy. The first is the platform
fee, which is 30% of your monthly income on Spank Fantasy. The second is the payment processing fee, which varies dependent on the currency selected by the writer.
Depending on your customers' locations, some banks may charge your customer a foreign transaction fee for their
membership subscription. Spank Fantasy does not control this charge, but it is typically around 5%.
Tax
We do not handle most tax payments, but we collect tax identification information and report this to tax
authorities as legally required. You are responsible for reporting any taxes.
The one tax we do handle on your behalf is VAT payments for electronically supplied services to customers in the
EU. For the purpose of electronically supplied services, writers make a supply of those services to us, and
then we supply them to the customer.
Restrictions
We don't allow creations and benefits that violate our policies:
-
Illegal creations or benefits (for example, references to children in a sexual context, underage sex, child sex trafficking, extreme violence, Incest).
-
Creations or benefits that are abusive towards other people.
-
Creations or benefits that use others' intellectual property, unless you have written permission to use it,
or your use is protected by fair use.
-
Creations or benefits with real people engaging in sexual acts, unless you have written permission.
-
Benefits that involve raffles or prizes based on chance.
As a writer you are also responsible for keeping customer data safe. An account is tied to your creative
output and cannot be sold or transferred for use by another writer.
Consent
We require creators to obtain and keep on record written consent from all persons depicted in the content specific to the following areas:
- Consent to be depicted in the content.
- Consent to allow for the public distribution of the content and to upload the content to Spank Fantasy’s website.
- If the content will be made available for downloading by other users, consent to have the content downloaded.
This written consent must be available on request.
We also require creators to verify the identity and age of all persons depicted in content to ensure that all persons depicted are adults and to be able to provide supporting documents upon request.
Pre-Screening Process for all User-Uploaded Content
All content is reviewed before publication to ensure that the content is not illegal and does not otherwise violate our Terms of Use.
While content is being reviewed by our Admin Team, Writers may continue to use the site. Approval will take no longer than 24 hours. If your content does violate our Terms of Use, it will not be published and you will be notified by our Admin Team.
Customers
To become a customer simply create an account, add your preferred payment method and join a writer's membership!
There are two types of membership subscriptions. One is a monthly subscription where you pay per month. The
other is a per creation subscription where you pay based on the number of creations a writer posts in that
month.
The timing and amount of each membership subscription depends on the writer you support. You can see the
details as you join and in the receipt sent to you after each successful payment. You can view all your active
membership subscriptions and billing history.
You may cancel your membership subscription at any time. We may grant refunds at our sole discretion.
In certain situations you may lose access to a writer's customer-only posts and benefits. These include when
you cancel your membership subscription, your payment method fails, the writer blocks you, or the writer deletes their account. We are not required to allow you to be a customer of any particular writer.
Writers' memberships vary and we have limited control over the quality and specific offerings. We screen for fraudulent creator pages, but cannot guarantee the identity of creators or the validity of any claims
they make. We appreciate your help reporting suspicious creator pages so we can keep Spank Fantasy safe.
If you are located in the EU, then VAT is added to the total charge. This is shown when you set up the initial
membership subscription.
Depending on your location, some banks may charge you a foreign transaction fee for your membership
subscription. Spank Fantasy does not control this charge, but it is typically around 5%. Please contact your
bank for more information.
Spank Fantasy's role
We proactively look at pages and posts on Spank Fantasy and review reported pages to identify potential
violations of our guidelines.
We also investigate reports of potential
violations. These investigations may take a while to resolve and may include looking at what is supported by
funds received through Spank Fantasy.
In most situations we will work with writers to resolve any potential violations and allow the writer to
continue using Spank Fantasy. Terminating accounts is not an action we take lightly and is done in only the
most extreme cases.
Please let us know if you see potential violations by reporting it at our website using
contact form
We are constantly testing out new features with the goal of making Spank Fantasy better. We may add or remove
features, and often test features with a random subset of our community. If we believe a feature is
significantly different from these terms, then we explain those differences in the test.
With your permission, we may give other websites or services the ability to verify information about your Spank Fantasy account or perform actions on your behalf. This permission is asked for when you connect your Spank Fantasy account to these other websites or services. You can learn more in our
Privacy Policy.
Account deletion
You can delete your account. We can disable your account at our discretion.
You can permanently delete your account at any time by
contacting us. We can terminate or
suspend your account at any time at our discretion. We can also cancel any membership subscriptions and remove
any descriptions, posts or benefits at our discretion.
You may not bring a claim against us for suspending or terminating another person's account, and you agree you
will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused,
including attorneys fees and costs.
These terms remain in effect even if you no longer have an account.
Intellectual property
Your creations
You keep complete ownership of all creations, but you give us permission to use them on Spank Fantasy. Make
sure you have permission to use creations that you offer on Spank Fantasy.
You keep full ownership of all creations that you offer on Spank Fantasy, but we need licenses from you to
operate Spank Fantasy effectively.
By posting creations on Spank Fantasy you grant us a royalty-free, perpetual, irrevocable, non-exclusive,
sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative
works of your creation. The purpose of this license is strictly limited to allow us to provide and promote
memberships to your customers. We will never try to steal your creations or use them in an exploitative way.
You may not post creations that infringe others' intellectual property or proprietary rights.
Customers may not use creations posted by writers in any way not authorized by the writer.
Spank Fantasy's creations
You can use our copyrights or trademarks to promote your Spank Fantasy page, but can’t use them for anything
else without our permission.
Our creations are protected. Some examples of our creations are
the text on the site, our logo, and our codebase. We grant you a license to use our creations to promote your Spank Fantasy page. You may not otherwise use, reproduce, distribute, perform,
publicly display or prepare derivative works of our creations unless we give you permission in writing. Please
ask if you have any questions.
Indemnity
You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or
relate to your use of Spank Fantasy. We reserve the right to exclusive control over the defense of a claim
covered by this clause. If we use this right then you will help us in our defense.
Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers,
directors, employees, agents and third party service providers.
Legal
Warranty disclaimer
We do our best to make sure Spank Fantasy works as expected.
Spank Fantasy is provided "as is" and without warranty of any kind. Any warranty of merchantability, fitness
for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted
by law.
The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third party service
providers.
Limit of liability
If you lose money as a result of using Spank Fantasy, any payment to you is limited to the amount of money we
have earned through your use of Spank Fantasy.
To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages
arising out of these terms, or your use or attempted use of Spank Fantasy. To the extent permitted by law, our
liability for damages is limited to the amount of money we have earned through your use of Spank Fantasy. We
are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting
contractual agreements.
For this clause "we" and "our" is defined to include our subsidiaries, affiliates, officers, directors,
employees, agents and third party service providers.
Dispute resolution
We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or
related to your use of Spank Fantasy, and it cannot be resolved after you talk with us, then it must be
resolved by arbitration. This arbitration must be administered by JAMS under the JAMS Streamlined Arbitration
Rules and Procedures, except as expressly provided below. Judgment on the arbitration entered in any court
with jurisdiction. Arbitrations may only take place on an individual basis. No class arbitrations or other
other grouping of parties is allowed. By agreeing to these terms you are waiving your right to trial by jury
or to participate in a class action or representative proceeding; we are also waiving these rights.
For writers and customers who are consumers, we also follow the JAMS Policy on Consumer Arbitrations Pursuant
to Pre-Dispute Clauses Minimum Standards of Procedural Fairness for consumer arbitrations done under these
terms. For the purpose of an arbitration subject to the consumer standards, if any portion of these terms do not
follow that standard, that portion is severed from these terms.
This clause does not limit either party's ability to file an action in a court with jurisdiction to seek
injunctive or other equitable relief for disputes relating to intellectual property, proprietary data or to
enforce this dispute resolution clause, including your agreement not to assert claims related to the suspension
or termination of another person's account. In any such action, the court rather than an arbitrator must decide
whether such a claim is arbitrable and must decide whether the party is entitled to the requested injunctive or
other equitable relief.
Governing law
Any disputes with us must be resolved as per English Law, in the UK.
If a lawsuit does arise, both parties consent to the exclusive jurisdiction and venue of the courts
located in England, UK.
Everything else
These terms and any referenced policies are the entire agreement between you and us, and supersede all prior
agreements. If any provision of these terms is held to be unenforceable, then that provision is modified to the
extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other
provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive
the ability to enforce any rights in the future.
We may sometimes make changes to these terms and policies. If we make material changes that adversely affect
your rights, then we will let you know before the changes come into effect. Continuing to use Spank Fantasy after a change means you accept the new terms or policies.