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General Sponsorship Terms Version of 13.04.2023
Welcome to MYM, the platform that allows content creators to experience their passion. MYM was created and is operated by AIR MEDIAS, a French simplified joint-stock company (société par action simplifiée) with share capital of 507.800,000 euros, registered with the Lyon Trade and Companies Register under the number 809 565 906, having its registered office at 16 rue Cuvier, 69006, LYON - France, (hereinafter “the Operator” or “MYM”). On the Platform, Users can take out a Subscription with the Creators of their choice to access exclusive Media, offered by Creators. MYM also offers certain users (hereinafter "Ambassadors") the opportunity to sponsor Creators (hereinafter "Affiliates") via a unique sponsorship link and thus be entitled to receive a portion of the earnings validated by the Affiliates through their use of the Platform. These General Sponsorship Terms (GST) define the terms and conditions under which an Ambassador may sponsor another User. They supersede any other version previously in force as of their publication on the Platform.
ANY REGISTRATION ON THE PLATFORM BY THE AMBASSADOR IMPLIES THE UNRESERVED ACCEPTANCE BY THE LATTER OF THESE GENERAL SPONSORSHIP TERMS
Article 1. Definitions The terms used below have the following meaning in these General Sponsorship terms :
  • " Subscription " : means the right to access the Media granted by the Creator to the User in return for the price of the Subscription;
  • " Subscriber " : means a User who has subscribed to a Subscription with a Creator;
  • " Ambassador " : means any User who refers a Creator or other Ambassador by means of a Single Sponsorship Link, in accordance with the terms and conditions defined within the General Sponsorship Terms. A Creator can also be an Ambassador for another Creator. However, an Ambassador cannot be an Ambassador of another Ambassador;
  • " Affiliates " : means any User who has used the Single Sponsorship Link provided by the Ambassador to register on the Platform as a Creator. An Ambassador cannot sponsor another Ambassador, so only Creators can be Affiliates;
  • " Certification " : means the procedure allowing MYM to collect the Ambassador’s information in order to ensure the Ambassador’s eligibility for the Services;
  • " Order " : means any Subscription, Private Media, Push Media and/or Ticket order placed by a User with the Creator on the Platform;
  • " Commission " : means the percentage of the Creator's earnings paid to MYM in consideration for the Services. The Commission is a percentage of the Price of any Order placed with the Creator;
  • " Account " : means the computer interface hosted on the Platform and allowing the Ambassador to use the Platform and the Services, while benefiting from a space hosting its data ;
  • " General Terms and Conditions of Sale ": means the Platform’s contractual terms governing the subscription to Subscription and sale of Private Media, Push Media and/or Live Access Tickets;
  • " General Sponsorship Terms " or " GST " : means these General Sponsorship Terms and all their Appendices, which govern the possibility for Ambassadors to sponsor Creators;
  • " Contract ", " General Terms of Service " ou " GTS ": means the General Terms of Service and all their Appendices, which govern the provision of the Services by MYM to the Creators;
  • " General Terms and Conditions of Use " or " GTCU ": means the contractual conditions made available on the homepage of the Platform, in order to regulate the use of the Platform by any User;
  • " Content " : means any item published by a User on the Platform, whether it is Media published by a Creator, or a message or content of any kind (text, image, video, sound, multimedia) published by a User;
  • " Creator " : means any natural or legal person registered on the Platform as a creator, sharing the Media through the Platform and having subscribed to the General Terms of Service;
  • " Feed " or " Newsfeed " : means the newsfeed of the User accessible on the Platform from their Profile;
  • "Bank Charges": means the costs deducted from the sums paid by the User in return for the Payment Services provided to the Creator. Bank Charges are equivalent to a percentage of the amounts processed by the Operator under any Order. They are therefore calculated on the amounts actually paid, including all taxes, including VAT and any costs;
  • “Earnings”: means the amount actually received by the Creator, consisting of the Tax Free Price, from which are deducted the Bank Charges (calculated on the amount of the Order excluding tax) then the MYM Commission, (calculated on the Tax Free Price, minus the Bank Charges);
  • "Credentials": means the Ambassador's email address and password or the Creator's Facebook or Google account, necessary for accessing its Account on the Platform;
  • "Confidential Information": means all financial, legal, technical, commercial, strategic information, as well as data, documents of any nature, drawings, concepts, manufacturing secrets, know-how, information systems, software, transmitted or brought to the attention of a Party under the Contract, regardless of the form and/or media used;
  • "KYC": means the Know Your Customer procedure consisting of requiring a User to provide elements to prove their identity and eligibility for certain Services offered by MYM.
  • " Agent " : means any person, whether natural or legal, commissioned by the Creator, whether it be representation agencies or marketing agencies for example, to whom services are entrusted in connection with the distribution of Media via the Platform. The Agent may, directly or indirectly, have an activity on the Creator's Account for the purposes of the service provided to the Creator.
  • " Media " : means all photographs, videos, music, audio files, podcasts, lives, information, texts, logos, brands, animations, designs and models, data and, in general, all elements and content created by a Creator and published by the Creator under its full control and sole responsibility on the Platform according to the terms, form and conditions offered to it as part of the Services;
  • " Public Media " : means any Media published by the Creator on its Profile and accessible to any User free of charge;
  • "Non-Public Media": means any Media published in a blurred manner in the Creator's Feed, and which can be made visible by signing up for a Subscription.
  • “Private Media” or “Custom Media ”: means any Media exchanged by a Creator and a User, through messaging. Private Media cannot appear in the Creator's profile;
  • "Push Media": means any Media offered spontaneously by a Creator to one or more Users, through private messaging;
  • "MYM" or "the Operator": refers indiscriminately to:
    • AIR MEDIAS, a French simplified joint-stock company (société par actions simplifiée) with share capital of 507.800 Euros, registered with the Lyon Trade and Companies Register under the number 809 565 906, having its registered office at 16 rue Cuvier, 69006, LYON - France;
    • the Platform.
  • " Sponsorship " : means the Service offered by MYM to Ambassadors whereby they receive Income in return for promoting the Platform and sharing their Unique Sponsorship Link with future Affiliates;
  • " Parties " : in the plural, refers to MYM and the Ambassador together. In the singular, it refers to only one of the two Parties;
  • " Platform " : means the online Platform accessible at the following address: https://mym.fans/ or through the corresponding mobile applications. The Platform includes all the web pages, Services and features offered to Users;
  • " Ambassador Portal " : means the web portal available to Ambassadors at https://ambassadors.mym.Utilisateurs;
  • “Tip”: means the amount freely paid by the User to the Creator at its sole discretion, without direct consideration;
  • "Payment Service Provider" or "PSP": means the company, holder of a banking authorisation, providing, through the Operator, payment services to Creators in order to allow them to collect payments from Users;
  • " Income " : means a percentage of the Earnings received by Affiliates and paid to the Ambassador in accordance with these GST;
  • " Services " : means the Services offered by MYM to the various categories of Users. Among these Services, Sponsorship is the main Service provided to Ambassadors;
  • "MYM Distinctive Signs": refers to all the distinctive signs and equivalent intangible assets associated with MYM's brand identity and including: the "MYM" trademarks registered at the French INPI under numbers 4815404 and 4523099; the associated logos; the trade name "MYM" and the domain names mym.fans and mym.com ;
  • “Support Website”: means the website hosted at https://support.mym.fans/, published by the Operator in order to provide as much information as possible and to assist any User in their use of the Platform and its Services;
  • “User”: means any person who accesses and browses the Platform, whether a User, Creator, Ambassador or individual Internet user;
Article 2. Purpose and contractual documents 2.1. Purpose The purpose of these GST, concluded between MYM and the Ambassador, is to set out the respective rights and obligations of the Parties in the context of Affiliate Sponsorship. They exclude any subordination and do not confer upon either Party the status of employee, agent, or representative of MYM. It is expressly agreed between the Parties that these GST are not intended to govern the relationship between the Ambassador and its Affiliates. MYM is not a party to any contract that may be entered into between the Ambassador and the Affiliate and shall not be liable for its performance, which the Ambassador expressly accepts and acknowledges.
2.2. Articulation with previous versions of the GST These GST supersede any other version previously in effect. However, they do not have retroactive effect on previous affiliations, so that affiliations validated before the entry into force of this version of the GST will remain subject to the previous terms and conditions entered into by the Ambassador. These GST will therefore only apply to affiliations validated after their entry into force. An affiliation is validated when the account of a Creator who has filled in the Unique Sponsorship Link is created (even before the Certification). 2.3. Contractual documents It is stipulated that:
  • The use of the Platform and all its features, including the Ambassador Portal, is governed by the General Terms and Conditions of Use;
  • The creation of Media and their publication by Creators on the Platform are governed by the General Terms of Service;
  • The purchase of Media by Users is governed by the General Terms and Conditions of Sale.

Article 3. Acceptance of the GST The use of the Ambassador Portal features, and in particular the provision of the Unique Sponsorship Link, implies full acceptance of these GST. The Ambassador undertakes to read these GST carefully when accessing the Ambassador Portal and is invited to download them, print them and keep a copy.
Article 4. Account registration 4.1. Access conditions to the Ambassador Portal Ambassadors that do not have a certified Creator account will have to create their own account on the Ambassador Portal to receive their Unique Sponsorship Link. Certified Creators who want to become Ambassadors may obtain their Unique Sponsorship Link either by creating an Ambassador Account or via the "Tools" tab of their Creator Account.
4.1.1 Technical conditions The User acknowledges that he/she has the necessary means and skills to use the features offered on the Platform when he/she accesses the Ambassador Portal. The equipment necessary to access and use the Platform (telephone, computer, tablet, or any other mobile terminal, etc.) is the sole responsibility of the Ambassador, as are any telecommunications costs incurred by their use.
4.1.2. Conditions to become an Ambassador
  • The Ambassador must meet certain criteria
To enter into these GST, the Ambassador must :
  • be a duly registered legal entity acting through a legal representative or a person duly authorised to legally bind it ;
  • or be a natural person of full age, with capacity to act, not placed under any legal protection (guardianship, trusteeship).
The GST may be terminated or, if applicable, rescinded, in the event that any of these conditions are not or are no longer met. The Ambassador Portal is strictly forbidden to minors as defined by the national legislation applicable to the Ambassador, or in any case, under the age of 18. MYM recommends that parents monitor their children's use of any Internet access and recommends the use of parental protection measures, content filters and other protective software.
  • The Ambassadeur must be beyond reproach
The Ambassador shall have a clean criminal record. The Ambassador undertakes to provide an authentic copy of this record, which is less than three (3) months old, at the first request of the Operator.
4.2. Registration procedure on the Ambassador Portal 4.2.1. Registration Any User interested in becoming an "Ambassador" may register by selecting the "Registration" tab or by visiting the following web page: https://ambassadors.mym.Utilisateurs/app/register. To register as an Ambassador, the User must complete an online form with the following information:
  • First name ;
  • Last name;
  • Email address;
  • Password;
  • The address of its professional website (optional);
  • The address of its professional Instagram account (optional).
The User will also be requested to specify the manner in which he/she intends to promote the Platform to Affiliates and his/her motivation. The User will also be required to submit to MYM the following information to prove its identity and reputation:
  • Gender, date of birth, address;
  • A copy of a valid identity document (passport, ID card, driving licence);
  • A verification "selfie". For this purpose, the User is invited to take a photo of him/herself with his/her identity document;
  • For professional Ambassadors, a Kbis extract less than 15 days old or local equivalent for foreign companies;
  • Mobile confirmation.

In addition, the Ambassador must provide his/her bank account details (IBAN) to withdraw his/her Income. The Operator may require at first request the register of beneficial owners from Ambassadors who are legal entities. The mandatory or optional nature of the information requested in the context of the Ambassador's registration is specified on the registration form.
4.2.2. Validation of the registration by MYM The Ambassador's registration is subject to final acceptance by MYM, depending in particular on the Ambassador's ability to convey and embody an image consistent with the image that MYM wishes to adopt. For this reason, MYM requires the User to provide information about its social networks and personal motivations for becoming an Ambassador. Only those who meet all of the above criteria will be eligible for Ambassador status. Once the registration has been completed by the User, MYM will verify that the information provided is consistent with its expectations. To this end, MYM reserves the right to ask the User for any information that may be required to prove the information entered at the time of registration.
Article 5. Account management and Credentials 5.1. Account access and management Once the registration is validated by MYM, the Ambassador will have an Account on the Ambassador Portal. The Ambassador agrees to provide MYM with accurate, truthful and up-to-date information in their Account, which does not infringe on the rights of third parties in any way, and to provide MYM with any necessary updates to the information provided during registration. The Ambassador is entirely responsible for the accuracy and updating of the data provided in the context of opening and managing his/her Account. In the event that the Ambassador provides false or misleading information to MYM, the Ambassador understands and agrees that MYM may terminate or rescind the GST as of right.
5.2. Credentials management The e-mail address and password constitute the Ambassador's Credentials. They are personal and may not be communicated to a third party. The Ambassador agrees to create only one account on the Platform (except in the case where the Ambassador is also a Creator or User). MYM is not liable for any damages that may result from the use of multiple accounts for a single Ambassador. The User shall be solely responsible for the use of his Credentials or actions taken through his Account, regardless how his/her Credentials are used, including by an Agent of the Creator. In the event that a User discloses or uses its Credentials in a manner contrary to their intended purpose, MYM may automatically suspend its Account without notice or compensation. MYM shall not be held liable for any impersonation of a User. All access and actions performed from an Ambassador's Account will be presumed to be performed by that User. In the event that the Ambassador loses or forgets his/her password, he/she must reset it without delay by using the "forgot password" button and then entering the e-mail address previously provided and linked to his/her Account. Any misappropriation or unauthorised use of an Ambassador's Credentials and the consequences thereof are the sole liability of the Ambassador. In that event, the Ambassador must notify MYM immediately by email at support@mym.fans. 5.3. Personal nature of the Account The Ambassador's Credentials and the Ambassador's Account are strictly personal. The present GST being concluded intuitu personae, any unauthorised use of the Ambassador's Account by a third party could lead to the suspension or the deletion of the Account by the Operator, to the exclusive detriment of the Ambassador, without any reimbursement for the sums remaining on the Account, nor any compensation claimed by the Ambassador. It is for this reason that any Ambassador also acting as an Agent for a Creator on the latter's account, is invited to declare himself/herself to MYM without delay. 5.4. Account deletion 5.4.1. Voluntary deletion At any time, the User may send a request to MYM to have its Account deleted. This request can be submitted through the "account deletion" section of the Ambassador's Account. This request may also be submitted via the email address associated with the Account to: support@mym.fans, specifying "DELETION" in the subject line of the email. If a request is sent in the manner described in this section, MYM will delete the account and all related information within thirty (30) days of receipt. Any request for deletion of the Account is definitive, and will not give rise to any refund, regardless of the subscription fees paid in advance. The User understands and accepts that deleting the Account by email request will necessarily take longer to process than the automated deletion via the form on the User's Account.
5.4.2. Deletion for inactivity The Ambassador shall be informed that his/her Account will be deleted after twelve (12) months of inactivity. Inactivity is defined as the period of time since the last login to the Ambassador's Account.
Article 6. Fight against cyber threats 6.1. MYM commitments MYM attaches particular importance to the fight against cyber threats. MYM has put in place mechanisms to fight against these and any offence related to taking advantage of the vulnerability or state of weakness of a third party. These mechanisms are detailed on the "Cyber protection & support" tab available on the Platform at the following address: https://support.mym.fans/hc/fr/articles/4801356793500-Cyberprotection-accompagnement#1-mym-accompagne-tous-les-utilisateurs-0-0.
In order to combat these threats, MYM is in particular putting in place:
  • A system for de-anonymising Users, to be able to provide support to the police if necessary and to be able to hold all Users accountable;
  • An enhanced identification procedure for all Users;
  • IT moderation of the Media and interactions between users using artificial intelligence tools that respect the applicable legal framework and MYM’s status as host;
  • Tools for verifying the age of Users in the event of access to Media reserved for adults given their potentially erotic or pornographic nature.
6.2. Ambassadors commitments To become an Ambassador, any User must agree and accept the MYM Anti-Slavery Policy, which is attached. The Ambassador swears and warrants to MYM that he/she has never been convicted of the following or any similar or otherwise qualified offences depending on his/her place of residence:
  • Prostitution ;
  • Pimping ;
  • Forced labour;
  • Offences against the human person as defined in Book II, Title I and II of the Criminal Code (French "Code pénal") and in particular the reduction to servitude or slavery and the exploitation of persons reduced to slavery and trafficking in human beings.
The Ambassador shall not use his or her Unique Sponsorship Link for the purpose or effect of participating in the commission of any of the foregoing offences or to contravene these GST or any applicable French or foreign law. The Ambassador is hereby notified that any breach of this section shall constitute a serious breach of an essential obligation hereunder. Accordingly, the Ambassador acknowledges that in the event of a material breach of this section, MYM may unilaterally terminate this Agreement without prior notice and without prejudice to any damages MYM may be entitled to under these GST.
Article 7. Sponsorship Once the registration is validated, the Ambassador will be able to promote the Platform to third parties and share his/her Unique Sponsorship Link with them under the conditions defined below. In return for this sharing, the Ambassador may receive Income corresponding to a percentage of the validated Earnings received by Affiliates.
7.1. Promotion of the Platform The Ambassador undertakes to introduce the Platform to any third party to whom he/she wishes to send his/her Unique Sponsorship Link. In this context, the Ambassador undertakes to provide the third party to whom he/she sends his/her Unique Sponsorship Link with clear, honest and fair information on :
  • Its status as an Ambassador;
  • The contractual relationship between the Ambassador and MYM;
  • His/her remuneration for the Income he/she receives;
  • The absence of a mandate or relationship of subordination or representation with MYM.
In the context of public or private communications, particularly in the role of Ambassador, the Ambassador undertakes :
  • Not to provide misleading information about the functioning of MYM;
  • Not to harm the image or reputation of MYM, its Platform, its products, brands, Platforms or officers in any public or private communications made in their role as Ambassador;
  • Not to claim to be an employee or service provider of MYM;
  • To comply with the Creator's independence principle in accordance with Article 9 of these GST.

7.2. Sharing the Unique Sponsorship Link 7.2.1. Access to the Unique Sponsorship Link Ambassadors may access a Unique Sponsorship Link for Creators from their Ambassador or Creator account. Any Creator registering on the Platform through the Unique Sponsorship Link will be considered an Affiliate, it being specified that an Ambassador cannot be an Affiliate. Creators already registered on the Platform will not be able to take advantage of the Ambassador's Unique Sponsorship Link. 7.2.2. Exclusions The Ambassador is strictly prohibited from :
  • sharing its Unique Sponsorship Link with third parties with whom they are related, affiliated, subordinate, collaborating or have a common interest.
  • influencing, in any way whatsoever, a Creator who is already registered on the Platform to delete its Account and then re-register by entering the Ambassador's Unique Sponsorship Link when they re-register;
  • using its own Unique Sponsorship Link to register as a Creator on the Platform.
If it is strongly suspected that the Ambassador is in breach of this provision, MYM may suspend or terminate the Ambassador's Account. 7.3. Income payments 7.3.1. Billing information The Ambassador undertakes to provide the relevant information on his or her Account for the payment of the Income, namely :
  • His/her IBAN, if the Ambassador chooses to receive the Income by bank transfer;
  • His/her PayPal account, if the Ambassador chooses to collect the Income via PayPal.
The Ambassador is solely responsible for the billing information he/she provides and agrees to provide MYM with accurate, complete and up-to-date information. In particular, Ambassadors must not provide any bank or PayPal account information that does not belong to them, as each Ambassador must be the owner of the bank account associated with the bank details provided. If the Ambassador fails to do so, MYM may suspend his/her account as provided herein. 7.3.2. Eligible Earnings and Income The Ambassador will receive a share of the Validated Earnings:
  • For each Subscription purchased by a User from a Creator Affiliate;
  • For each Private Media, Push Media or Live Media purchased by a User from a Creator Affiliate.
Income will only be payable for thirty six (36) months following the Creator's registration through the Unique Sponsorship Link. For any other transactions carried out through the Platform by an Affiliate, including the collection of Tips by Affiliated Creators, the Ambassador shall not receive any Revenue, which the Ambassador accepts and acknowledges. Lastly, the Ambassador is informed that when the subscription to a Membership or the purchase of a Private Media is made by means of a promotional code offered by MYM, the Ambassador will not receive any income on the above transactions.
7.3.3. Detail of the Income MYM undertakes to pay the Ambassador, during the thirty six (36) months following the creation of the account of the Creator Affiliate who has registered through the Unique Sponsorship Link. The Income corresponds to ten percent (10%) of the validated Earnings received by a Creator Affiliate. Only the eligible Earnings detailed in Article 7.3.2 may give rise to the payment of Income. The collection of Income by the Ambassador does not affect the amount of Earnings received by Affiliates, as the Income is deducted from MYM's fees. It is made clear that the Creators define their rates under their full control and responsibility, which the Ambassador agrees to respect. Accordingly, the Ambassador :
  • acknowledges that MYM has no control whatsoever over the rates charged by the Creators on the Platform;
  • is prohibited from exercising any influence on the setting of rates by the Affiliated Creators.

7.3.4. Access to Income The Ambassador accesses the total amount of Income owed by MYM via their Account by clicking on the "INCOME" icon. On this tab, the Ambassador is able to access the details of Income:
  • that have been validated and can be paid out by MYM to the Ambassador;
  • corresponding to income pending validation and which can only be paid out by MYM after validation.

7.3.5. Payout of Income to the Ambassador The Ambassador is able to define the frequency at which he wishes to receive the payment of the Income from his Account :
  • Every three (3) days.
  • Every seven (7) days. In this case, the payment will be made every Monday;
  • Every fifteen (15) days, in which case payment will be made on the 1st and 15th of each month;
  • Every month, in which case payment will be made on the 1st of each month;
  • or suspend payments.
The Ambassador may also withhold the payment of Income at any time by selecting this option from the frequency of payment of Income. In this case, no payments will be made until the Ambassador reactivates payments to his/her Account. The Ambassador is advised that payments will only be made if the total amount of Income due from MYM is greater than one hundred (100) Euros. All payments will be made by bank transfer to the account specified in the Ambassador's profile, or to their PayPal account if this option is selected. 7.3.6. Frauds In the event of a financial transaction reported as potentially fraudulent by the Payment Service Provider or banking institutions, or in the event of suspicious activity on the Ambassador's Account or any other User involved in the transaction, MYM may designate the User's Account as a "Monitored Account". Notwithstanding the provisions of this Article, MYM reserves the right to withhold amounts paid through a Monitored Account for a maximum of six (6) months from the date of payment, or until the legitimacy of the payments is established. Amounts so withheld shall remain as "pending earnings" for the Creators, and therefore for the Ambassador, until the time limit expires, or until their legitimacy is established. In the event that more than 1/5 (one fifth) of the Ambassador's Affiliated Creators qualify as Monitored Accounts, MYM may suspend the Ambassador's Account. In the event of suspected fraud affecting the particular Ambassador, MYM may suspend the ability to pay out Revenues for an indefinite period of time. 7.3.7. Taxation The Ambassador is responsible for fulfilling all fiscal, administrative and regulatory requirements necessary for the exercise of his/her activity as Ambassador. In this respect, the Ambassador is invited to consult the Appendix dedicated to this information. In the event that the Ambassador has created an Account as a professional in France, and has entered an intra-community VAT number, MYM will increase the Income by 20%, corresponding to the rate of VAT in force in France, and the Ambassador is responsible for carrying out all the necessary tax procedures for the declaration and payment of VAT. These rates may be adapted according to the country. The Ambassador indemnifies MYM against any claims in this regard. A monthly summary of the Ambassador's Income will be sent to the Ambassador's Account by MYM. An annual summary of the Ambassador's Income will also be sent to the Ambassador's Account at the end of each calendar year. 7.4. Evolution of the services and updates MYM se réserve le droit de faire évoluer librement les Services, à sa seule discrétion, notamment afin de faire évoluer les conditions de Parrainage. MYM reserves the right to freely develop the Services at its sole discretion. This could involve the modification of these GTS. Article 8. Obligations of the Parties 8.1. Obligations of the Ambassador 8.1.1. Code of conduct MYM is dedicated to creating a climate of trust on the Platform. When using the Services, the Ambassador undertakes and guarantees that he/she will not violate any legal or regulatory provision, and that he/she will not behave in a manner that is contrary to public order and morality. The Ambassador warrants that he/she will ensure that all acts performed in his/her capacity as an Ambassador comply with the regulations in force, and in particular that he/she will not disclose to the public the remuneration of his/her activity as an Ambassador. The Ambassador shall not in any way conceal from third parties the nature of his/her contractual relationship with MYM. Any proven abusive behaviour against Creators, Affiliates or Users will result in immediate suspension of the Ambassador's Account, without prejudice to any legal action that may be taken, and any damages that may be claimed by the Users concerned or MYM, as appropriate.
8.1.2. General obligations In general, each Ambassador is obliged to :
  • respect and comply with the :
    • General Terms and Conditions of Use;
    • Anti-Slavery Policy and Content Policy;
  • behave in a fair, reasonable and prudent manner towards MYM, Affiliates and other Users;
  • Not be responsible for any defamatory, degrading or derogatory statements about MYM;
  • Not engage in any parasitic or unfairly competitive acts against MYM;
  • be honest and truthful in the information provided to MYM and, where applicable, to other Users;
  • not engage in any activity that constitutes harassment, pimping, or any other offence that constitutes human trafficking;
  • use the Ambassador Portal in accordance with its purpose as described in these GST;
  • respect MYM's intellectual property rights in the Platform and Ambassador Portal;
  • not use the Platform to send unsolicited bulk messages (advertising or otherwise).
8.1.3. Notice and take down As part of its active fight against illegal content, MYM has put in place a set of technological tools to detect, prior to publication, content that could be considered "illegal". However, as these technologies are not foolproof and as MYM cannot be held to a systematic control obligation, MYM has put in place an advanced notification system in order to promptly remove any Content that may prove to be illegal. The Ambassador agrees to report any violations of these GTS, or of applicable French or foreign law, to MYM via the "..." button in the upper right hand corner of each Media, or by contacting MYM directly at support@mym.Utilisateurs. 8.2. Obligations of MYM 8.2.1. General provisions
First and foremost, in line with the French “Loi pour la confiance dans l’économie numérique”, MYM has an obligation as a host to contribute to the fight against the dissemination of offences referred to in the fifth, seventh and eighth paragraphs of article 24 and article 24 bis of the law of 29 July 1881 on the freedom of the press and articles 222-33, 222-33-2-3, 225-4-1, 225-4-13, 225-5, 225-6, 227-23 and 227-24 and 421-2-5 of the French “Code pénal”. MYM undertakes to promptly inform the competent public authorities of any illegal activities reported to them by any Ambassador or, more broadly, any User of the Platform.
MYM's general obligation is an obligation of means. MYM has no obligation of result or of reinforced means of any kind. MYM undertakes to use all means to make the Platform accessible 24 hours a day, 7 days a week. MYM reminds Ambassadors the fact that current Internet communication protocols do not allow for the certainty and continuity of the transmission of electronic exchanges (messages, documents, identity of the sender or recipient). Article 9. Independence 9.1. Independence of the Parties The Ambassador agrees not to misrepresent him/herself as an employee, representative, officer or any other status other than that of Ambassador to third parties. The Ambassador agrees to redirect questions from Affiliates about the functioning of the Platform to the official information posted by MYM on the Support Site or to invite potential Affiliates to contact MYM. The role of the Ambassador will in any case be strictly limited to bringing business to MYM, which will contract directly with the Affiliates without the involvement of the Ambassador.
9.2. Independence of Creators 9.2.1. Principle of independence of Affiliates The Ambassador warrants, understands and agrees that he/she will not and cannot exercise any authority over Affiliates, including but not limited to their activity on MYM. In particular, the Ambassador undertakes not to exercise any form of pressure or coercion against the Affiliates in order to increase their activity or their income on MYM. The Ambassador, except in the event that he/she is the Creator's Agent, also undertakes not to carry out any activity on behalf of Creators relating to their activity on the Platform, in particular by directly managing the Creator's Account. The Ambassador understands and accepts that no link of subordination is established by the registration of the Creator via its Unique Sponsorship Link and that the independence of the Affiliates constitutes for AIR MEDIAS an essential condition of these GST. Any manoeuvre, action or effort aiming at violating the independence of the Affiliates may thus lead to the termination of the present agreement between the Parties at the initiative of AIR MEDIAS, to the exclusive detriment of the Ambassador. The Ambassador shall also refrain from sponsoring himself, or sponsoring a Creator already registered on the Platform via a re-registration.
9.2.2. Special provisions for Agents Any Ambassador who is also a supplier or Agent of the Creator must declare this to MYM without delay by writing to support@mym.fans. Creators may appoint Agents, whether they be representation agencies or marketing agencies, to whom Media distribution services on the Platform are entrusted. In such a case, the Creator acknowledges that as an Agent or principal, he/she shall be fully responsible for any action carried out via his/her Account, whether undertaken by the Creator himself/herself or by his/her Agent. Any information or data requested when creating a Creator Account (identity document, address, Kbis, IBAN, etc.) must belong to the Creator and not the Agent. The Agent undertakes to take note of and respect the present GST. Article 10. Liability 10.1. Liability of MYM 10.1.1. General provisions MYM disclaims all liability, including but not limited to:
  • In the event of temporary inability to access the Ambassador Portal for technical maintenance or updating of published information. Ambassadors acknowledge that MYM cannot be held responsible for malfunctions or interruptions in the said transmission networks;
  • Malfunctions or interruptions of the Ambassador's computer equipment;
  • In case of virus attacks or illicit intrusion into an automated data processing system;
  • In case of abnormal use or illicit exploitation of the Ambassador Portal or the Unique Sponsorship Link by an Ambassador or a third party;
  • In the event of non-compliance with these GST by the Ambassador or any of its Agents;
  • In the event of delay or non-performance of its obligations, where the cause of the delay or non-performance is related to an event of force majeure as defined herein;
  • In the event of a foreign cause not attributable to MYM;
  • In the event of an illegal act by an Ambassador, or contractual non-performance by a User;
  • In the event of non-payment of the price of the Subscription or Private Media by a User;
  • Communications between the Ambassador and the potential Affiliate or the Affiliate in relation to the Platform or made on the Platform.
In case of abnormal use or illicit exploitation of the Platform, the Ambassador Portal and/or the Unique Sponsorship Link, the Ambassador shall be solely responsible for any damage caused to third parties and the consequences of any claims or actions that may arise from such use. 10.1.2. Host status Users recognise that MYM is a host within the meaning of article 6 I 2° of the French law of 21 June 2004 “pour la confiance dans l'économie numérique”, known as LCEN. As such, MYM reserves the right to remove from the Platform any Media that has been reported to it and that it considers to be manifestly illegal within the meaning of Article 6 I 2° of the LCEN. Notice of manifestly illegal content by a User or any other third party must be made by e-mail to the address: support@mym.fans. In accordance with article 6 I 5° of the LCEN, the notice must include the following elements to be valid :
  1. The date of the notification;
  2. If the notifier is a natural person: his surname, first names, profession, domicile, nationality, date and place of birth; if the applicant is a legal person: its legal form, its name, its registered office and the body that legally represents it;
  3. The name and address of the recipient or, if it is a legal person, its name and registered office;
  4. The description of the facts in dispute and their precise location;
  5. The reasons for which the content must be removed, including the legal provisions and justifications of the facts;
  6. If applicable, a copy of the correspondence sent to the author or publisher of the contentious information or activities requesting their interruption, withdrawal or modification, or the justification that the author or publisher could not be contacted.

10.2. Liability of the Ambassador 10.2.1. Principle The Ambassador is solely liable for his/her use of the Ambassador Portal and the Unique Sponsorship Link, which he/she expressly accepts and acknowledges. Article 11. Duration and restrictions on the Services 11.1 – Term These GST are entered into for an indefinite term from the date of their conclusion. 11.2 – Suspension and termination measures
  1. Suspension
In the event of continued, serious, or repeated violations of these GST, or of applicable laws and regulations, and in the event that there is an urgent need to end such violations, MYM may suspend the Ambassador's Account, without compensation to the Ambassador, provided that MYM has provided the Ambassador with a statement of reasons for the suspension on a durable medium at the time the suspension takes effect. MYM may suspend the Ambassador's Account on the Platform and the Ambassador's ability to receive its Income from Affiliates' Earnings, in order to remedy any deficiencies identified in the information provided in the above durable medium. At the end of this period, if the Creator has not remedied the various violations, MYM may terminate these GST and delete his/her Account. Any suspension of the Account will result in the inability to receive any Income associated with the Account, for the duration of the suspension period.
  1. Termination following a suspension
Any suspension may lead to termination if the Creator does not respond adequately to the grievances notified within ten (10) days of the first day of suspension of the Services. MYM shall give reasons for the termination decision in relation to the alleged grievances, specifying the articles and/or obligations with which the Creator is alleged to be in breach.
  1. Suspension or termination for misconduct
In the event of a serious or repeated breach by a Party of at least one of its obligations hereunder, and more particularly in the event of repeated or prolonged breaches of these GST, the agreement may be terminated by the other Party. In particular, the following are considered as cases that may give rise to suspension or even termination :
  • any reasonable suspicion of fraud (banking or identity theft) ;
  • any log-in to a Creator's account without the Creator's knowledge;
  • any exploitation of a vulnerability in the Platform which allows to benefit from bypassing the technical or legal limits imposed by the Operator;
  • any restriction on the Creator's independence;
  • any activity on an Account that would reveal that the Account is being used by someone other than the Ambassador or his or her Registered Agent;
  • any violation of the Anti-Slavery Policy;
  • any activity by the Creator's suppliers or Agents that is not spontaneously declared;
  • any judicial requisition received concerning the Ambassador's actions;
  • any recommendation to a User to use another platform competing with MYM or any parasitic act against MYM;
  • any invitation to a User to engage in illegal transactions;
  • any infringement of the intellectual property rights or image rights of a third party;
  • any attitude constituting a denigration of the Operator;
  • the accumulation of several warnings over a period of less than three (3) months.
It is expressly agreed that termination may take place as of right, thirty (30) days after (i) the sending of a formal notice to perform, which has remained without effect or without a satisfactory response, or after (ii) the period granted in the context of a suspension procedure. The formal notice, which must indicate the grievances about the obligations allegedly not complied with, shall be notified by registered letter with acknowledgement of receipt.
  1. Termination for convenience
The Ambassador shall have the right to terminate these GST at any time by deleting his or her Account as provided herein. 11.3 - Consequences of termination Any termination, rescission or cancellation of these GST shall automatically lead to the deactivation of the Unique Sponsorship Link and the termination of the payment of Sponsorship Income. The termination of the Creator Account may also result in the automatic termination of the Ambassador Account of the Creator Ambassador. The Privacy and Personal Data articles shall remain in effect in the event of termination of these GST for an additional period of three (3) years, unless otherwise expressly provided for by law or regulation.
Article 12. Intellectual property In accordance with the GTCU, the Ambassador acknowledges MYM's intellectual property rights in the Platform, the Ambassador Portal and MYM's Distinctive Signs, their components and related materials, and waives any right to contest these rights in any form. The trademarks, logos, slogans, graphics, photographs, animations, videos, software solutions and texts and any other Media on the Platform and the Ambassador Portal are the exclusive intellectual property of MYM and may not be reproduced, used or represented without express authorisation under penalty of legal action. It is hereby specified that Ambassadors are strictly forbidden to:
  • Reproduce, copy and/or display all or part of the Platform and the MYM Distinctive Signs (trademarks, logos, "MYM" trade name, etc.) associated with it;
  • Reserving domain names that are too close to mym.fans or mym.com, and that may create a risk of confusion with the URLs to which the Platform is available;
  • Registering a trademark that contains the "MYM" trademark or is confusing with one of MYM's Distinctive Signs;
  • Create websites that may cause visual or intellectual confusion between the Ambassador and MYM;
  • Translate, adapt, modify or create derivative works from all or part of the Platform;
  • Decompile, disassemble or reverse engineer any part of the Platform;
  • Distribute, disseminate, sell, rent or lend or otherwise exploit all or part of the Platform.
Any representation or reproduction, in whole or in part, of the Platform, the Ambassador Portal and/or their content, by any means whatsoever, without the prior express authorisation of MYM, is prohibited and will constitute an infringement punishable by articles L.335-2 et seq. and articles L.713-1 et seq. of the French Intellectual Property Code. In particular, MYM expressly prohibits as a database producer:
  • The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the Platform and/or the Ambassador Portal, or of its database including the contents on another medium, by any means and in any form whatsoever;
  • The reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the Platform or its databases and/or the Ambassador's Portal, in any form whatsoever;
  • Reproduction, extraction or reuse, by any means, including methods similar to scrapping of the Ambassador Portal or other content published on the Platform
  • Acceptance of these GST constitutes an acknowledgement by the Ambassador or the Agent of MYM's intellectual property rights and a commitment to comply with them.
MYM grants a personal, non-exclusive and non-transferable licence to Users to use the Ambassador Portal and the information contained therein in accordance with these GST. This licence is granted worldwide, royalty-free for the duration of these GST. Any other use of the Platform and the Ambassador Portal is excluded from the scope of this licence and may not be carried out without MYM's prior express permission. Article 13. Communication Ambassadors agree not to use, on the Platform or on any other website, content sharing platform or social network of any kind, the distinctive signs of MYM, including the name "MYM", particularly in the form of a hashtag in direct or indirect relation to content of a pornographic or illicit nature. Article 14. Personal Data MYM acts as a controller regarding the processing of the personal data of Ambassadors. The policy relating to the processing of this personal data by MYM is detailed in the Platform Privacy Policy, available here: https://mym.fans/app/privacy. In this context, the Ambassador and MYM will be considered as separate data controllers, as there are no transfers of personal data of Ambassadors between them. With regards to the cookies used on the Platform, the User is invited to consult the Operator's Cookies Charter accessible from the Platform. Article 15. Assistance - Support The Ambassador is invited in the first instance, for any questions regarding the use of the Ambassador Portal, to consult the Support section of the Platform available at: https://support.mym.fans/hc/fr/categories/360002512999. In any event, any questions or complaints regarding the use or operation of the Platform may be made in the following ways:
  • By e-mail to the following address: support@mym.fans.

Article 16. Validity of the GST If any provision of these GST is found to be invalid, illegal or unenforceable in whole or in part by any applicable law or regulation and/or by a court decision, it shall be deemed to be unwritten but shall not affect the validity, legality or enforceability of the remaining provisions which shall remain in full force and effect. In such a case, however, and in order to prevent the GST from surviving in a fragmented and/or inconsistent form, MYM undertakes to incorporate into the GST a new provision which seeks to reproduce the economy in the original clause, in accordance with the applicable legal and regulatory provisions, as soon as possible. Such a modification or decision does not authorise Users to disregard these GST. Article 17. Modification of the GST MYM reserves the right to modify these GST at any time. Such changes shall be notified to the Ambassador in a durable medium at least thirty (30) days prior to the changes taking effect. In the event of substantial changes to these GST, a distinction must be made between the following situations:
  • Either the Ambassador accepts the substantial changes, in which case they will automatically come into force on the date specified in the notification,
  • Or the Ambassador refuses the substantial modifications. In this case the Ambassador may terminate the GST before the expiry of the notice period.
The Ambassador expressly accepts that his silence following the notification of the modification of the Agreement shall be considered as an acceptance of the modifications made. The applicable GST are those in force at the time of browsing the Ambassador Portal. Article 18. General Provisions The fact that one of the Parties has not required the application of any clause of these GCP, whether permanently or temporarily, shall in no way be considered as a waiver of said clause. In the event of any difficulty of interpretation between any of the headings at the top of the clauses and any of the clauses, the headings will be declared non-existent. MYM cannot be held responsible if the non-performance or delay in the performance of any of its obligations described in these GCP is due to force majeure. Force majeure in contractual matters occurs when an event beyond the control of the debtor, which could not reasonably be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from fulfilling his obligation. If the impediment is temporary, the performance of the obligation shall be suspended unless the resulting delay justifies termination of the GST. If the impediment is definitive, the GST shall be terminated ipso jure and the Parties shall be released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code. In the event of the occurrence of any of the above events, MYM will endeavour to inform the Ambassador as soon as possible.
Article 19. APPLICABLE LAW, DISPUTE MANAGEMENT PROCEDURE 19.1. Internal complaints handling system In the event of any dispute or claim relating to these GST, the Ambassador is invited to contact MYM's internal complaints handling system. To this end, the Operator has set up a support system allowing the Creator to contact the Operator's dedicated service in the event of difficulty: legal@mym.fans. This system allows the Ambassador to file complaints directly with the Operator's legal department concerning, in particular, a breach by MYM of any legal obligation, under the conditions set out in these GST, to questions relating to the provision of Services. The legal department will then be contacted and will act as impartially as possible, it being understood that the relationship between the Operator and the Ambassador is usually managed by another department of the company.
The Internal Dispute Management Department undertakes to set up an “adversarial procedure” to hear the Creator's arguments and to respond to the Creator's requests within a reasonable time in view in particular of the importance of the request and at the latest, within thirty (30) days of receipt of the request. The Parties shall attempt to settle amicably all disputes relating to the negotiation, validity, interpretation, performance or non-performance, interruption or termination of this Contract and more generally to the commercial relationship between the Parties. If no amicable agreement can be reached, then an impartial mediation procedure, conducted in a spirit of fairness and good faith in order to reach an amicable agreement upon the occurrence of any dispute relating to this Contract, including its validity, will be offered. THESE GST AND THE RELATIONSHIP BETWEEN THE AMBASSADOR AND MYM ARE GOVERNED BY FRENCH LAW. IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS SHALL HAVE JURISDICTION. 19.2. Mediation procedure or competent court 19.2.1. Cases where the Ambassador is a consumer In accordance with Articles L611-1 et seq. and R612-1 et seq. of the French Consumer Code, it is provided that for any dispute of a contractual nature relating to the performance of the sales contract and/or the provision of services that could not be resolved in the context of a complaint previously submitted to MYM, the Consumer may have recourse to mediation free of charge. The Party wishing to implement the mediation process must first inform the other Party by registered letter with acknowledgement of receipt, indicating the elements of the conflict. As mediation is not mandatory, the Creator or MYM may withdraw from the process at any time. It will contact: 1/ The National Association of Mediators (ANM):
  • by writing to 62 rue Tiquetonne 75002 PARIS, France
  • by email by filling in the online referral form at the following address: www.anm-conso.com.
In any event, the User is informed that recourse to a mediator, or any form of amicable resolution of any dispute is not mandatory, that they may terminate it at any time, and that this does not deprive them of the right to bring legal action. IN THE EVENT THAT MEDIATION FAILS OR IS NOT CONTEMPLATED, THE DISPUTE THAT MAY HAVE GIVEN RISE TO MEDIATION SHALL BE REFERRED TO THE COMPETENT COURT. 19.2.2. Cases where the Ambassador is a professional It will contact, according to its choice: 1/ The National Association of Mediators (ANM):
  • by writing to 62 rue Tiquetonne 75002 PARIS, France
  • by email by filling in the online referral form at the following address: www.anm-conso.com
or 2/ The Paris Mediation and Arbitration Centre (CMAP):
  • by writing to: CMAP- 39 avenue Franklin Delano Roosevelt - 75008 PARIS, France
  • By email: cmap@cmap.fr,
The Parties shall attempt to settle any dispute arising between them with respect to the interpretation, performance or termination of this Contract amicably. FAILING AMICABLE AGREEMENT WITHIN ONE (1) MONTH FROM THE REFERRAL TO ONE OF THE PARTIES, THE DISPUTE MAY BE SUBMITTED TO THE COURTS WITHIN THE JURISDICTION OF THE COURT OF APPEAL OF PARIS, WHICH ARE EXPRESSLY GRANTED JURISDICTION, NOTWITHSTANDING SEVERAL DEFENDANTS OR A GUARANTEE APPEAL, INCLUDING FOR EMERGENCY OR PRECAUTIONARY PROCEEDINGS, REMANDED OR BY REQUEST.



Appendix 1 – Anti-Slavery Policy
ANTI SLAVERY POLICY v03.07.2023 This document is published by AIR MEDIAS, a simplified joint-stock company with a capital of 507 800 euros, registered with the Lyon Trade and Companies Register under number 809 565 906, whose registered office is located at 16 rue Cuvier, 69006, LYON - France, (hereinafter "the Operator" or "MYM" or “We”) as part of its commitments to its payment service partners providing payment services to Creators. It is intended for all visitors of the MYM Platform, including Users, web users, Creators, Ambassadors and partner agencies (hereinafter "Users", or "You").
ANTI-SLAVERY POLICY STATEMENT Modern slavery is a crime and a violation of fundamental human rights. It takes various forms, such as slavery, servitude, forced and compulsory labour and human trafficking, all of which have in common the deprivation of a person’s liberty by another in order to exploit them for personal or commercial gain. MYM has a zero-tolerance approach to modern slavery. It is committed to acting ethically with integrity in all its business dealings and relationships. Therefore, it is implementing and enforcing effective systems and controls to ensure modern slavery is not taking place anywhere in its business or in any of its supply chains. We are also committed to ensuring transparency in our own business and in the processes we have in place to address modern slavery. We expect the same level of integrity from all our Creators, suppliers and other business partners. Pursuant to that, we include specific prohibitions against the use of forced, compulsory or trafficked labour, or any person held in slavery or servitude whether adult or child as part of our contracting processes. We expect our suppliers to impose the same standards on their own suppliers. This policy applies to all persons working for us or on our behalf in any capacity, including employees at all levels, directors, officers, agency workers, seconded workers, volunteers, interns, agents, contractors, external consultants, third-party representatives and business partners. Responsibility for this Policy MYM has overall responsibility that this policy complies with our legal and ethical obligations, and that all those under our control comply with it. We have primary and day-to-day responsibility for implementing this policy, monitoring its use and effectiveness, dealing with any queries about it, and auditing internal control systems and procedures to ensure they are effective in countering modern slavery. Management at all levels are responsible for ensuring those reporting to them understand and comply with this Policy and are given adequate and regular training on it and the issue of modern slavery in supply chains. You are invited to comment on this policy and suggest ways in which it might be improved. Comments, suggestions and queries are encouraged and should be sent to : legal@mym.fans. Implementation of this Policy with respect to Creators
MYM is committed to fighting against any form of human trafficking that is directly or indirectly related to the Content provided by the Creators listed on its platform. In this regard, MYM verifies the consent integrity of the people who may appear in the content. In practical terms, MYM :
  1. Requires each Creator to certify
Creator candidates must provide their identity document and a real-time selfie to prove their majority and consent. This data is processed and authenticated by an artificial intelligence solution.
  1. Requires any person featuring in a content to prove its consent and its age
MYM seeks to ensure that any person (apart from the Creator) who appears in a content is of age and consents to being represented and broadcasted. Each Creator is thus contractually obliged to be able to prove that any person who may appear in one of his or her contents is of age and that he or she has formally agreed that the content in which he or she appears may be distributed and marketed on MYM. In addition, MYM analyses all content uploaded by Creators via an artificial intelligence solution to automatically detect potentially illegal elements. If a creator submits content featuring several persons, he or she must provide proof of the consent of these persons (transfer of image rights and authorisation for diffusion). In addition, during random checks, any Creator may be required to provide evidence of consent and majority of a person appearing in content. Lastly, MYM requires that any agency that presents itself as the agent of a creator registered on the platform has concluded :
  • a contract in good and due form with the Creator which contains a transfer of image rights and an authorisation to distribute;
  • this Anti Slavery Policy.
The same applies to Ambassadors registered on MYM, who must sign and accept without reserve this Anti Slavery Policy with the General Terms and Conditions of Sponsorship.
Compliance with the Policy You must ensure that you read, understand and comply with this policy. The prevention, detection and reporting of modern slavery in any part of our business or supply chains is the responsibility of all those working for us or under our control. You are required to avoid any activity that might lead to, or suggest, a breach of this policy. You must notify your line manager OR your contact person at MYM as soon as possible if you believe or suspect that a conflict with this policy has occurred or may occur in the future. We encourage you to raise concerns about any issues or suspicions of modern slavery at any of our Creators, Ambassadors, in any area of our business or in the supply chains of any of our suppliers as soon as possible. If you are unsure about whether a particular act, the treatment of workers more generally, or their working conditions within any tier of our supply chains constitutes any of the various forms of modern slavery, raise it with your line manager or by writing to legal@mym.fans. We aim to encourage openness and will support anyone who raises genuine concerns in good faith under this Policy, even if they turn out to be mistaken. We are committed to ensuring no one suffers any detrimental treatment as a result of reporting in good faith their suspicion that modern slavery of whatever form is or may be taking place in any part of our own business or in any of our supply chains. Detrimental treatment includes dismissal, disciplinary action, threats or other unfavourable treatment connected with raising a concern. This Policy and statement on modern slavery and all forms of human trafficking is addressed to Creators, Ambassadors, agencies and companies in all countries. Communication & awareness of this policy Training on this policy and the risk our company faces due to modern slavery may be given to any employee, Ambassador or Creator working with us. Our zero tolerance approach to modern slavery must be communicated to everyone working for or with us. Denunciation If you believe or suspect that a violation of this policy has occurred or may occur, we invite you to :
  • inform your supervisor or the head of your company, who will contact our services;
  • report it by writing to legal@mym.fans

Breaches of this Policy Any employee who breaches this policy will face disciplinary action, which could result in dismissal for misconduct or gross misconduct. Similarly, any offence related to modern slavery or any form of human trafficking may result in measures to restrict contractual relations with the Ambassador or Creator involved.








Appendix 2 – Civil and tax rights and obligations of Users As an online platform, MYM wants to support all Users in the best possible way in their use of the Platform. As such, MYM wishes to inform any Creator who generates income on MYM of its civil and tax obligations, related to the generation of income through the Platform. In this case, all relevant information on the subject is compiled in educational sheets recalling the rules applicable to the declaration of income and the payment of social security contributions. This information may be consulted at the following addresses: The following fact sheets for Creators and Ambassadors are also available in French at the following addresses: In terms of payment of VAT, Creators and Ambassadors are invited to consult the information provided by the French authorities: https://www.impots.gouv.fr/professionnel/je-recherche-les-regles-de-territorialite-tva-page-en-cours-de-creation. As regards social protection, this income must be able to give rise to health insurance or pension rights. The same applies to taxation: the income generated must be subject to tax. We remind you that the explanations above are given for information only and do not replace the reading of legislative texts, administrative comments and French case law. We also insist on the fact that the rules set out above are likely to change (in particular the different thresholds that are reassessed each year) and that each User of the Platform is solely responsible for their legal obligations, including tax and social security obligations. In addition, the tax authorities and social security funds are able to complete this information and answer any questions. In case of doubt, MYM therefore recommends that Users contact their tax centre, social security fund or a specialist advisor.








Appendix 3 – General Terms and Conditions of Sale REMINDER : In accordance with Article 6.1.9 of the GTS, the subscription to Subscriptions and the Purchase of the Media are governed by the GTS of the Platform and the Creator confirms that it has read and accepts them without reservation. It thus confirms that the sales policy put in place by MYM is fully consistent with its own sales methods. These General Terms and Conditions of Sale are accessible below or using the following URL: https://mym.fans/app/terms-of-sale. In the event of a contradiction between the document below and the document accessible on the Platform, the document present on the Platform shall prevail.


Version of 24.11.2022 Preamble
These General Terms and Conditions of Sale govern:
  • Any subscription to a Subscription with a Creator on the Platform;
  • Any sale of Media.
They supplement the General Terms and Conditions of Use governing the use of the Platform. In this context, it is recalled that MYM acts as an online platform operator. Article 1. Definitions
The terms mentioned below shall have the following meaning in these General Terms and Conditions of Sale. Any missing definition will have the meaning given to it in the General Terms and Conditions of Use:
  • "Subscription": means the right to access the Media granted by the Creator to the User in return for the price of the Subscription;
  • "Subscriber": means a User who has subscribed to a Subscription with a Creator;
  • “Order”: means any Subscription, Private Media, Push Media and/or Ticket order placed by a User with the Creator on the Platform;
  • "Account ": means the computer interface hosted on the Platform and allowing the User to use the Platform and Services, while benefiting from a space hosting their data;
  • “Commission”: means the percentage of the Creator's earnings paid to MYM in consideration for its Services. The Commission is a percentage of the Price of any Order placed with the Creator;
  • “General Terms and Conditions of Sale ” or “GTCS” means the Platform's contractual terms governing the subscription to a Subscription and the sale of Private Media, Push Media and/or Live Access Tickets;
  • “General Terms and Conditions of Use” or “GTCU”: means the contractual conditions made available on the home page of the Platform, in order to regulate the use of the Platform by any User;
  • “General Terms of Service” or “GTS”: means these General Terms of Service and all their Appendices, which govern the provision of the Services by MYM to the Creators;
  • "Content": means any item published by a User on the Platform, whether it is Media published by a Creator, or a message or content of any kind (text, image, video, sound, multimedia) published by a User;
  • "Creator": means any natural or legal person registered on the Platform as a creator, sharing the Media through the Platform and having subscribed to the General Terms of Service;
  • "Newsfeed" or "Feed": means the User's newsfeed available on the Platform;
  • "Bank Charges": means the costs deducted from the sums paid by the User in return for the Payment Services provided to the Creator. Bank Charges are equivalent to a percentage of the amounts processed by the Payment Services. They are therefore calculated on the amounts actually paid, including all taxes, including VAT and any costs;
  • “Live”: means the feature that enables the live streaming of a Media via the Platform. Access to a Creator's Live can be free of charge or for a fee;
  • "Media": means all photographs, videos, music, audio files, podcasts, lives, information, texts, logos, brands, animations, designs and models, data and, in general, all elements and content created by a Creator and published by the Creator under its full control and sole responsibility on the Platform according to the terms, form and conditions offered to it as part of the Services;
  • "Public Media": means any Media published by the Creator on the Platform and accessible to any User free of charge;
  • “Non-Public Media”: means any Media communicated on the Profile, in a blurred manner. Non-Public Media may be Viewable Media for a Subscription, Private Media, Push Media or a Live;
  • “Private Media” or “Custom Media”: means any Media exchanged by a Creator and a User, through messaging. Private Media cannot appear in the Creator's profile;
  • "Push Media": means any Media offered spontaneously by a Creator to one or more Users, through private messaging;
  • “MYM” or “the Operator”: means AIR MEDIAS, a French simplified joint-stock company (société par actions simplifiée) with share capital of 507.800,000 Euros, registered with the Lyon Trade and Companies Register under the number 809 565 906, having its registered office at 16 rue Cuvier, 69006, LYON - France. Refers indiscriminately to the Operator or the Platform herein;
  • “Parties”: in the plural, refers to MYM and the User together. In the singular, it refers to only one of the two Parties;
  • “Platform”: means the online Platform accessible at the following address: https://mym.fans/ or through the corresponding mobile applications. The Platform includes all the web pages, Services and features offered to Users;
  • “Tip”: means the amount freely paid by the User to the Creator at its sole discretion, without direct consideration;
  • "Payment Service Provider" or "PSP": means the company, holder of a banking authorisation, providing, through the Operator, payment services to Creators in order to allow them to collect payments from Users;
  • "Price": means the sum of money or cryptoassets paid by a User to the Creator through the Platform in return for a Subscription, a Media or a Live ticket. Prices may also include Tips;
  • "Profile": means the Creator's presentation page, in which is presented both the Creator's activity and the Media and Subscriptions it offers;
  • “Services”: means all the Services offered by MYM to the Users through the Platform;
  • “Support Website”: means the website hosted at https://support.mym.fans/, published by the Operator in order to provide as much information as possible and to assist any User in their use of the Platform and its Services;
  • "Specification" means the characteristics of a Private Media, offered by a Creator or required by a User by making the request. Any Content that is the subject of an Order on the Platform must comply with the Specifications agreed between the User and the Creator;
  • "Story": means the Media published by the Creator to illustrate its news, which will automatically disappear after a period of seventy-two (72) hours;
  • “SuperStar”: means any Creator meeting the criteria defined on the Support Website (https://support.mym.fans/) and as such benefiting from differential treatment;
  • "Ticket ": means the ticket purchased by a User allowing them to attend a paid Live;
  • “User”: means any person who accesses and browses the Platform, whether a User, Creator, Ambassador or individual Internet user

Article 2. Purpose
These General Terms and Conditions of Sale govern any Order placed on the Platform. These GTCS supplement the Platform's GTCU. In the event of a contradiction between the GTCS and the GTCU, the GTCS shall apply as a priority. Article 3. Acceptance of the General Terms and Conditions of Sale In order to be able to conclude these GTCS, the User must:
  • be a duly registered legal person acting through a legal representative or a person duly authorised to bind it legally;
  • or be a natural person of legal age, capable, who is not under any legal protection measure (guardianship, trusteeship).
The GTCS may be terminated in the event that one of these conditions is no longer met. The User undertakes to read these General Terms and Conditions of Sale carefully and to accept them expressly, before proceeding with the payment of an Order from a Creator. These General Terms and Conditions are referenced at the bottom of each page of the Platform and must be consulted before placing the Order. The User is invited to carefully read, download, print and keep a copy of the General Terms and Conditions of Sale. MYM advises the User to read the General Terms and Conditions of Sale for each new Order, with the latest version of these Terms and Conditions applying to any new Order. As part of the Order procedure, the User acknowledges having read, understood and accepted the General Terms and Conditions of Sale without limitation or condition. Similarly, it acknowledges that it wishes to have immediate access to the Content and thus expressly waive its right of withdrawal. Article 4. Media details
The User acknowledges that the Media are broadcast or published on the Platform under the responsibility of the Creator. The Creator warrants that it has received the consent of any person appearing on the Media to:
  • Appear on the Media, which are, in essence, potentially published to a wide audience;
  • Communicate and/or market the Media to Users and/or Users;
  • Publish the Media on the Platform.
The Creator guarantees that it verifies the age of each person appearing on the Media and in particular that each of them is of age, which the Creator must be able to demonstrate at the first request of MYM. The Creator does not give any guarantee as to the frequency of publication of Media, their unpublished nature, or as to the number thereof, which the User expressly accepts and acknowledges. The User acknowledges that it will not be able to access paid Non-Public, Private and Push Media until it has signed up for a Subscription and purchased them. Article 5. Signing up for a Subscription To sign up for a Subscription, the User must have legal capacity. To subscribe to a Subscription, the User must be registered on the Platform and log in to their Account. 5.1. Essential features of the Subscription The Creator’s Profile will present the essential features of the Subscription it offers, as well as the information required under applicable law and to verify its accuracy. These characteristics are included in the Creator's Public Profile and include:
  • A description of the Creator;
  • The rights conferred by the Subscription;
  • The frequency of renewal of the Subscription (monthly, half-yearly);
  • The price of the Subscription.
The User undertakes to read this information carefully before signing up to a Subscription on the Platform. The User is informed that the Subscription includes, in particular:
  • The right to consult Non-Public Media;
  • The right to request Private Media from the Creator;
  • The right to purchase Push Media;
  • The right to receive an Invitation to Lives;
  • The right to purchase a Ticket to attend Lives;
Each Subscription is valid only for the Creator from which the User has taken out this Subscription. It is specified that a Subscription taken out with a Creator does not give the User any right as to the quantity and quality, which are necessarily subjective, of the Media published by the Creator. In any event, it is the responsibility of each User to carry out research on each Creator, relating in particular to their activity on the Website, before signing up for Subscription. 4.2. Procedure for signing up for the Subscription
4.2.1. Signing up for the Subscription Signing up for the Subscription is carried out through the Platform. To sign up for a Subscription, the User is invited to follow the steps below. The User may subscribe to a Subscription with the Creator on the Platform by clicking on the “Subscribe” button available on the Creator's Profile. It is then sent to a page describing the essential features of the Subscription (rights conferred, price, duration, etc.). The User will be invited to:
  • Choose the desired Subscription offer;
  • Select the Subscription to which it wishes to subscribe;
  • If applicable, enter its Promo Code;
  • Choose the means of payment;
  • Accept these GTCS.
  • Pay the price of the Subscription by following the instructions on the Platform.
4.2.2. Acknowledgement of receipt Once all the steps described above are completed, a page appears on the Platform to acknowledge receipt of the User's Order. A copy of the acknowledgement of receipt of the Order is automatically sent to the User by email, provided that the email address submitted through the registration form is correct.
4.2.3. Price of the Subscription The User acknowledges that the price of the Subscription is due at the time of signing up for the Subscription, as well as at each renewal of said Subscription. 4.2.4. Duration of the Subscription Subscription to the Creator's account can be offered by means of two alternative offers:
  • a “monthly” offer corresponding to a Subscription for an indefinite period, giving rise to automatic monthly payments;
  • an “X months” offer corresponding to a Subscription for a fixed period, giving rise to a single payment.
By default, the Subscription is offered via the monthly offer and for an unlimited period. The User is therefore charged monthly, on the anniversary date. If the Subscription is taken out for an indefinite period, it may then be terminated at any time, before the end of the current month, it being understood that any month of subscription started will be due in full. No refund on a pro rata temporis basis may be requested. In the event that the Subscriber has opted for the "X Months" Offer corresponding to a fixed term, the price requested is fixed and paid in advance. Thus, any early termination of a fixed term Subscription may not give rise to any refund whatsoever. Any Subscription for a fixed term is, on its expiry, automatically renewed in the form of a Subscription for an indefinite period, giving rise to an automatic monthly payment, on the anniversary date. The price applied will then be that provided for the "X months" Offer. 4.2.5. Termination of the Subscription The User may at any time terminate their Subscription for an indefinite period, for any reason, and in particular in the event of absence of activity on the part of a Creator. To do so, the User must go to their Account, in the tab dedicated to Subscriptions and choose the one they want to terminate at the end of the current month. In the event that the User cancels their Subscription after the possible renewal date, the Subscription will end at the end of the commitment period and/or on the date of the next renewal and the User may continue to benefit from the advantages conferred by the Subscription until this date. Article 5. Request for Private Media To request Private Media, the User must:
  • Be registered on the Platform;
  • Be subscribed to the Creator concerned by the request.
5.1. Private Media request procedure 5.1.1. Private Media Request The User will have the possibility to request Private Media from the Creator with which they have subscribed via the Platform. The User acknowledges that Private Media is not necessarily Media exclusively intended for the User but Media which corresponds to the User's request and which is not accessible free of charge on any other medium or platform. The Creator may therefore reuse any Private Media communicated to the User, provided, however, that it is not made available free of charge, on any medium, for a minimum period of two years from its publication on MYM. To request Private Media, the User must:
  • Use Platform Messaging;
  • Communicate to the Creator the Specifications of the Private Media that it wishes to request, namely in particular the format (photo, video, etc.) or any other aspect of the Media (content, object, aesthetics, etc.).
The Creator may also, on its own initiative, offer the User the possibility of viewing Media by means of Messaging, as Push Media. In this case, the Creator undertakes to provide the User with the essential characteristics of the Private Media regarding in particular its format (photo, video) and its content (content, duration, etc.). The Creator also undertakes to provide it with the mandatory information under the applicable law and to verify its accuracy. The User is informed that it may, at its sole discretion and under its sole responsibility, accept or reject the Creator's proposal. 5.1.3. General stipulations The User is informed that the Creator:
  • Has no obligation to respond to its request;
  • May refuse all or part of its request at its sole discretion.
The User will be notified of the Creator's response by email to the email address provided at the time of registration and on the Platform by means of a notification. In the event that the Creator responds positively to the User's request, it will propose a price to the User under its sole responsibility and full control. In the event that the User accepts the Creator's proposal, they will be invited to proceed with the payment of the agreed price. 5.2. Provision of Private Media or Viewing of Private Media
The Creator will have seventy-two (72) hours from the date of payment to make the Private Media available to the User by means of Messaging, in accordance with the User's Specifications. 5.3. Private Media refunds
The User may request a refund of the Private Media:
  • In the event of failure to communicate the Private Media by the Creator within the time limit set. In this case, the User must send a refund request within fourteen (14) days of the maximum expected delivery date;
  • In the event of non-compliance of the Media with the Specifications agreed between the Creator and the User. In this case, the User must send a refund request within fourteen (14) days of the date of delivery of the Media.
Non-compliance relating to the following may constitute non-compliance of the Private Media with the User's Specifications:
  • The format of the Media;
  • Its contents.
In the event of the User formulating a dispute relating to an alleged inadequacy of the Private Media with its Specifications, it must indicate the lack of compliance precisely. MYM will be the sole arbiter of the Private Media's compliance with the Specifications, with its decision being binding on the Creator and the User. After prior exchanges between the Creator and the User concerned, the refund request may be made directly to MYM by email to support@mym.fans. If the request is considered well-founded, MYM may proceed, on behalf of the Creator, to refund all sums paid by the User for Private Media. Article 6. Purchasing Push Media
The Creator may offer Users the possibility of purchasing Push Media. To purchase Push Media on the Platform, the User must:
  • Be registered on the platform;
  • Log in to their Account;
  • If the Push Media is paid, have signed up for a Subscription with the relevant Creator;
  • Pay the price corresponding to the Push Media.
The purchase of Push Media allows unique access to this Media, without any other form of subscription to other content. It is specified that the Push Media appears blurred until it is purchased by the User. Thus, the User expressly acknowledges that they will only be able to access the Push Media after having purchased it. Article 7. Purchasing Tickets 7.1. Ordering a Ticket To participate in a paid Live, the User must purchase a Ticket. To purchase Push Media on the Platform, the User must:
  • Be registered on the platform;
  • Log in to their Account;
  • Have signed up for a Subscription with the relevant Creator or have received an invitation from the relevant Creator;
  • Pay the price of the Ticket.
A Ticket may only be refunded in the following cases:
  • The Live is finally cancelled or cannot take place;
  • The Live event lasts less than five (5) minutes.
Any purchase of a Ticket gives the right to be able to watch the replay of the Live, at any time. Article 8. Tips
Any User may pay Tips to the Creator. It is understood that the payment of Tip is made without consideration and constitutes a simple gift for the benefit of the Creator to support its work. Article 9. Acknowledgement or receipt of Orders
Once the User has proceeded with their Order, a page appears on the Platform to acknowledge receipt of the User's Order. A copy of the acknowledgement of receipt of the Order is automatically sent to the User by email, provided that the email address submitted through the registration form is correct.
Article 10. Payment and Invoicing of Orders
10.1 Payment of Orders 10.1.1. Price The User will find on the Platform's payment page the prices displayed in euros, with all taxes included. The prices with all taxes included include, in particular, where applicable, Value Added Tax (VAT) at the rate in force on the date of the Order, as well as the Bank Charges borne by the Creator. Any change in the applicable rate may impact the price of the Subscription from the effective date of the new rate. The applicable VAT rate is expressed as a percentage of the price offered by the Creator. The prices indicated are valid, unless there is a gross error. The applicable price is the price stated on the Platform's payment page on the date on which the price is paid by the User. 10.1.2. Means of payment All payments, whether in cash or cryptocurrencies, are managed through Payment Service Providers legally authorised to provide payment services to Users. The User can thus pay for Orders online on the Platform using the means proposed by the Platform, that is to say by:
  • Debit/Credit Card (Visa, CB, Mastercard);
  • Paypal, for certain Creators;
  • Cryptocurrency.
Where applicable, the User undertakes to accept and comply with the terms and conditions of the PSPs, applicable to the use of their services. The User warrants to the Creator that they hold all the required permissions to use the chosen means of payment. The User will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the Website. As such, it is specified that all payment information provided on the Platform is transmitted to the Payment Service Provider and is not processed by the Operator. 10.1.3. Payment date Subject to the nature of their bank account and the agreements with their bank, the User's account will be debited as soon as the Order is placed on the Website. In the event of a Subscription, the User's bank account will also be debited at each renewal of the Subscription. 10.1.4. Refusal of payment If the bank refuses to debit a card or other means of payment, the User must contact the Platform's Customer Service in order to pay for the Order by any other valid means of payment accepted by the Creator. In the event that, for any reason whatsoever, objection, refusal or other, the transmission of the flow of money owed by the User proves impossible, the Order will be cancelled and the sale or subscription automatically terminated. Article 11. Right of withdrawal
By accessing the Subscription, Media or Live following any Order made from the Platform, in accordance with Articles L. 221-18 et seq. of the French Consumer Code, the User acknowledges that the Creator has fully performed its obligations, that it wishes to have immediate access to the content and that it waives the benefit of the fourteen (14) day withdrawal period resulting from the aforementioned provisions of the French Consumer Code. Indeed, no Order (neither the Subscription, nor the Media, nor the Lives) may in principle give rise to a right of withdrawal, in accordance with Article L221-28 of the Consumer Code which provides that "The right of withdrawal may not be exercised for contracts: 3° For the supply of goods made to the consumer’s specifications or clearly personalised; 13° For the supply of digital content which is not supplied on a physical medium if the performance has begun after the consumer’s prior express consent and their prior express agreement and waiver of their right of withdrawal”. Article 12. Intellectual Property
In accordance with the General Terms and Conditions of Use (GTCU), the Media published by the Creator are its exclusive property, which the User expressly accepts and acknowledges. By signing up for the Subscription or purchasing the right to access a Media, the User is simply granted the right to view said Media. Subject to the exceptions provided for by the French Intellectual Property Code, the User is therefore not assigned any intellectual property right other than the right of viewing, which expressly excludes any right of representation, reproduction, marketing or adaptation. Any representation or reproduction, total or partial, of the Media by any process whatsoever, without the prior authorisation of the Creator, is prohibited and will constitute an infringement sanctioned by the provisions of the French Intellectual Property Code, in accordance with the General Terms and Conditions of Use. With respect to Private Media, the Creator grants the User who has placed the Order a license to view, reproduce and represent in a private circle only. This license is granted for the entire world and for the entire duration of the intellectual property rights. Therefore, the User undertakes to:
  • Use the Media published by the Creator only for its personal needs for the purposes of consulting the Media on the Platform, to the exclusion of any use of the Media for commercial or professional purposes;
  • Not publish, broadcast or communicate all or part of the Media published by a Creator to third parties, by any means whatsoever, in any medium whatsoever, in particular on social networks, whether free of charge or for a fee;
  • Not modify, adapt or damage the integrity of all or part of the Media published by a Creator in any way.
Any downloading, sharing, making available, reproduction, or any other form of reproduction, use or dissemination excluding consultation on the Platform infringes the rights of the Creator, MYM and engages the liability of the User. In the event of a serious suspicion of a breach of these obligations, MYM may proceed with the deletion of the User's Account at its exclusive fault, without any refund for the sums paid by the User being payable by the latter. In the event of a proven breach of these commitments which form part of the essential commitments of the Parties, the User undertakes to pay a sum equal to 500 euros including tax or 10 times the amount paid by the latter in respect of the Subscription or the Media concerned by the infringement, with the largest amount then being retained. The amount of this penalty will then be returned to the Creator. The payment of this penalty is non-discharging and does not exclude the questioning of the liability of the User for the violation of the rights of the Creator, who will in any event retain the right to claim compensation for its entire damage arising therefrom. Finally, the User is informed that MYM is mandated by the Creator to request the deletion of any Media that may be republished in whole or in part by the User on the Platform or on any other platform, social network or medium of any nature whatsoever. Article 13. Warranties and liability
The Media are published by the Creator under its responsibility. Users benefit from legal warranties as defined by Articles L.224-25-12 et seq. of the French Consumer Code, provided that the Creator is a professional. The content and conditions of implementation of the legal warranty of conformity are specified in the Appendix hereto. The Creator declares that it holds all intellectual property rights to the Content sold via these GTCS. The Creator declares that said Content does not in any way infringe the rights of third parties, in particular that it does not constitute an infringement or an act of unfair or parasitic competition of a pre-existing work and that it does not in any way infringe the image or intellectual property rights of third parties. In the event of a dispute or complaint related to an Order, the User is invited to consult the GTCU for the procedure to be followed and, if necessary, to contact the Operator at support@mym.fans. In the event that the Creator to whom the Subscriber has subscribed has his or her Account terminated or closed for any reason, the Subscriber may request a refund of his or her Subscription, regardless of its duration. Article 14. Validity of the General Terms and Conditions Any modification of the laws or regulations in force, or any decision of a competent court invalidating one or more clauses of these GTCS shall not affect the validity of these GTCS. Any such modification or decision does not authorise the Customers to disregard these GTCS.

Article 15. Modification of the General Terms and Conditions These General Terms and Conditions of Sale apply to all Orders placed online on the Platform, as long as the Platform is available online. The General Terms and Conditions are precisely dated and may be modified and updated by MYM at any time. The applicable General Terms and Conditions are those in force at the time of the Order. Changes to the General Terms and Conditions will not apply to Orders already placed. Article 17. APPLICABLE LAW AND JURISDICTION THESE GENERAL TERMS AND CONDITIONS, AS WELL AS THE RELATIONSHIP BETWEEN THE USER AND MYM, ARE GOVERNED BY FRENCH LAW. IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS WILL HAVE JURISDICTION. However, prior to any recourse to an arbitral or state judge, the User is invited to comply with the dispute management procedure specified in the GTCU. If no agreement is reached or the User justifies having previously attempted to resolve the dispute directly with the Creator by a written complaint, then an optional mediation procedure, conducted in a spirit of fairness and good faith in order to reach an amicable settlement upon the occurrence of any conflict relating to these GTCS, including its validity, will be offered. To initiate this mediation, the User may contact MYM. The Party wishing to implement the mediation process must first inform the other Party by registered letter with acknowledgement of receipt, indicating the elements of the conflict. The Parties undertake to make their best efforts to resolve the disputes between them amicably and in good faith. As mediation is not mandatory, the User or the Creator may withdraw from the process at any time. IN THE EVENT THAT MEDIATION FAILS OR IS NOT CONTEMPLATED, THE DISPUTE THAT MAY HAVE GIVEN RISE TO MEDIATION SHALL BE REFERRED TO THE COMPETENT COURT DESIGNATED ABOVE. Appendix 1 - Legal Warranty of Conformity
The User benefits from legal warranties as defined by Articles L.224-25-12 et seq. of the French Consumer Code and detailed below. the User is informed of the application of Article L.224-25-12 of the French Consumer Code which provides for the delivery of goods in accordance with the contract as well as the criteria set out in Article L. 224-14. The User may report any lack of conformity existing at the time of the provision of the Content within the meaning of Article L.225-25-10 of the French Consumer Code, which appear during the period of provision of the Content as provided for in the General Terms and Conditions of Use. This warranty also applies to non-conformities resulting from the incorrect integration of the Content into the User's digital environment: - when it has been carried out by the Creator or under its responsibility; or - when it has been carried out by the User, provided that it results from shortcomings in the Creator's instructions. In this respect, pursuant to Articles L.224-25-13 and L.224-25-14 of the French Consumer Code, the Content is compliant if: 1° It corresponds to its description, type, quantity and quality, [...] with regard to any characteristic provided for in the Contract (Article 5) or that the User can legitimately expect for Content of the same type, in view of the nature of such Content, as well as to public representations made by the Creator or any person upstream in the chain of transactions, including in advertising or on the labelling; 2° It is suitable for any special use sought by the User, brought to the attention of the Creator at the latest at the time of conclusion of the Contract and which the latter has accepted; 3° It is delivered with all accessories […] that must be provided in accordance with the Contract or that the User can legitimately expect; 4° It is updated according to the Contract and what the User can legitimately expect; 5° It is suitable for the usual intended use of Content of the same type […]; 6° It has the qualities that the Creator presented to the User in the form of a trial or preview version, before the conclusion of the Contract; 7° It is provided according to the most recent version available at the time of conclusion of the Contract, unless otherwise agreed by the Parties; 8° It is provided without interruption throughout this period. However, the Creator or, where applicable, MYM, is not bound by any public representations referred to in 1° above if it demonstrates that: (a) it did not know them and was not legitimately able to know them; (b) at the time of the conclusion of the Contract, the public representations had been corrected in conditions comparable to the initial representations; or (c) the public representations could not have had an influence on the purchase decision. The User may not challenge compliance by invoking a defect concerning one or more particular characteristics of the Content, of which they have been specifically informed that such characteristics deviate from the compliance criteria, to which deviation they expressly and separately consented at the time of the conclusion of the Contract. As such, the Content may experience interruptions during the period of provision of the Content in accordance with the General Terms and Conditions of Use. Throughout the contractual duration of the provision of the Content, proof of the compliance of the Content is the responsibility of the Creator or, as the case may be, MYM. The Creator or MYM is not responsible for any non-compliance directly attributable to the incompatibility between the Content and the User’s digital environment and that the User had been previously informed by the Creator or by MYM of the technical compatibility requirements. The User must therefore cooperate with the Creator or MYM, to the extent reasonably possible, in order to establish whether or not the non-compliance is caused by the incompatibility in question. In the absence of cooperation, the User shall bear the burden of demonstrating the non-compliance of the Content. In the event of non-compliance, the User has the right to have the Content brought into compliance or, failing that, to a price reduction or resolution of the price in accordance with Articles L. 224-25-17 et seq. of the French Consumer Code. Moreover, the User has the right to withhold payment until the Creator (or MYM) complies with its warranty obligations under the terms of Articles 1219 and 1220 of the French Civil Code. Compliance remediation work takes place free of charge, without undue delay according to the Customer's request and without major inconvenience to the Customer, taking into account the nature and the intended use of the Content. It is not liable to pay for the use of the Content during the contractual period during which the Content was non-compliant. The Creator or MYM may refuse the compliance remediation work if it is impossible or entails disproportionate costs in particular with regard to: - the value that the Content would have had there been no non-compliance; - the extent of the non-compliance. This refusal shall be subject of a reasoned decision in writing or on any durable medium addressed to the User. When these conditions are not met, the User may, after formal notice, continue the forced execution in kind of the compliance remediation work. The User has the right to a price reduction or to the termination of the Contract (unless the non-compliance is minor) in the cases and in the manner provided for in Article L.224-25-20 of the French Consumer Code, that is to say, in particular, in the event of refusal of compliance remediation work or failure by the Creator to comply, in accordance with the aforementioned article. The User is not required to request prior compliance remediation work when the non-compliance is so serious that it justifies the immediate reduction of the price or termination of the Contract. The User shall inform the Creator or MYM of their decision to obtain a price reduction or the termination of the Contract. The price reduction shall be proportional to the difference between the value of the Content provided and the value of the Content free from defects. MYM shall refund the User and return any other benefit received under the Contract as soon as possible and no later than fourteen (14) days after notification of the decision to terminate the Contract or to obtain the price reduction. Unless expressly agreed by the Customer and at no additional cost, the refund will be made using the same means of payment as that used for the purchase. In the event of termination of the Contract, the User shall refrain from using the Content or making it accessible to third parties. The Creator shall return to the User, free of charge and within a reasonable time, in a commonly used and machine-readable format, any content provided or created by the User during their use of the Content (other than personal data), unless such content: 1° is of no use outside the context of use of the Content; 2° relates only to the Customer's activity when using the Content; or 3° has been aggregated by the Creator with other data and cannot be disaggregated or can only be disaggregated with disproportionate effort. The Creator undertakes to use the content provided or created by the User (other than personal data) only if it has been generated jointly with other customers and if other customers can continue to use it. The provisions of this Article shall be without prejudice to the award of damages. Appendix 4 - Commitments to PSP This Annex details the requirements for payment service providers (hereinafter "PSPs") providing Creators (hereinafter "Merchants"), through MYM, with payment services to receive payments from users. Merchant Due Diligence Merchant acknowledges and provides MYM with the necessary supporting documentation to comply with legal and/or regulatory requirements in any country where restricted content is purchased or delivered as a shipping destination. Merchant acknowledges and confirms its adherence to the following requirements:
  1. Merchant does not market content or use content search terms that may give the impression that the content contains or refers to child exploitation material, depictions of non-consensual activities or any other form of illegal content.
  1. Merchant does not attract users to its sites by using (directly or indirectly) adult content (photographs, video images, computer-generated images, cartoons, simulations or any other media) that is illegal, non-consensual (sexual, bestiality, violence or mutilation of a person or body part) or violating the rules of the card systems (including depictions of incest or drug or alcohol use, being unconscious, or any sale or offer to sell a product or service that is patently offensive and lacks serious artistic merit).
  1. Merchant prohibits any use of its websites or content that may promote, facilitate or depict human trafficking, sex trafficking and physical abuse, advertising for escorting or facilitating prostitution.
  1. The merchant does not allow anonymous users to download content;
  1. Merchant will only provide its own content or content from third party content providers verified by Merchant, with whom Merchant has a written agreement. The agreement between the provider and the creator shall pass on to the provider all commitments made by the merchant under this agreement:
  1. The agreement between the merchant and its content provider prohibits any activity that is illegal or in violation of the rules of the card system (CB, Mastercard, or others).
  1. The agreement between the Merchant and the Content Provider requires the Content Provider to obtain and maintain written consent from all persons depicted in the Content, permitting public distribution of the Content, and downloading of the Content through all Merchant channels and other marketing.
  1. The agreement with the content provider shall require the content provider to:
  1. verifies the identity and age of all persons depicted in the content to ensure that they are at least of legal age;
  1. provide documentation to support this upon request
Handling of disputes a. Merchant has a complaint process for reporting content that may be illegal or in violation of card scheme rules (CB and Mastercard in particular) and includes in this process mandatory requirements to review and resolve all reported complaints within seven (7) business days and to immediately remove the content if the outcome of the investigation provides evidence of illegal content or content in violation of a card scheme rule. b. Merchant has an opt-out process that allows any person represented in the content to request removal of that content and to remove the content if the investigation reveals that consent was not given or is void under applicable law. c. Merchant maintains a dispute management process to allow any dispute regarding a consent that is void under applicable law to be resolved by a neutral body at Merchant's expense.
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