Creator and Content Management Policy & Procedures
for User Generated Content
Content Management Policy
We review all Content before it is published to our Website to ensure that it is not illegal and does not otherwise violate this agreement, credit card association standards, or law. In addition, in offering real-time or live video streaming content, we operate on a platform that we can fully control and that allows for real-time monitoring and the removal of the Content being streamed. If we determine that any Content being streamed is illegal or otherwise violates this agreement, credit card association standards, or law, we will promptly block and remove that Content. But we assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any User or nonparty.
All uploaded content (Content) is reviewed by a trained team focusing on both ID and age verification as well as the substance of every piece of Content (image, video, text, etc.). KinkyFans has integrated a 3rd party service, VerifyMyContent, who utilizes an in house automated ai process as well as a human review team of content moderators.
KinkyFans also uses a community reporting button to share the responsibility with the user base asking for help monitoring:
- All types of content (images, pre-recorded and live video, text)
- IP theft
- Non Consensual behavior
We may remove or refuse to post any Content for any or no reason;
Take any action concerning any Content that we consider necessary or appropriate, including if we believe certain Content is illegal or otherwise violates this agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of the Website’s Users or the public, or could create liability for KinkyFans;
We may need to disclose your identity or other information about a Content creator if required by law or court order (including a subpoena) to anyone who claims that Content posted by you violates their rights, including their intellectual property rights or their right to privacy or publicity;
Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website, including posting illegal or unauthorized Content (KinkyFans will report any Content that could be considered child sexual abuse material (CSAM) to the National Center for Missing and Exploited Children’s CyberTipline and any other legal and regulatory bodies); or
Terminate or suspend a Creator account or access to the Website for any reason or no reason, including violation of this agreement, engaging in any activity that is illegal or fraudulent, or violation of credit card association standards or law.
KinkyFans has a complaint process that allows anyone to report to KinkyFans any Content on the Website that might be illegal, infringe the rights of others, or that otherwise violates this agreement or credit card association standards. KinkyFans will review and resolve all reported complaints within seven business days. We will suspend access to any Content posted on our Website that we become aware of that might not comply with this agreement, credit card association standards, or law while we investigate the suspected noncompliance or unlawfulness of that Content. If we suspend access to a Creator’s Content, they may request a review of our decision to suspend access to that Content by contacting us at email@example.com. After investigating the suspected noncompliance or unlawfulness of that Content, we may take any action we consider appropriate, including, but not limited to, reinstating access, permanently removing, or disabling access to that Content without needing to obtain the Creator’s consent and without giving prior notice. At the objecting Creator’s own cost, they must promptly provide to us all reasonable assistance (including by providing us with copies of any information that we request) in our investigation. We will not be responsible for any losses suffered arising from our suspending access to Content or any other steps that we take in good faith to investigate any suspected noncompliance, infringement, or unlawfulness of Content under this section.
If we suspend access to or remove any of Content, we will notify the Creator by email or electronic message to the User account, but we are not required to give you prior notice of that removal.
If we suspend access to your account or terminate the User’s agreement with us and restrict access to the Website, we will let the User know. While access to your account is suspended, any payment that would otherwise have fallen due during the suspension will be suspended, and we may withhold earnings due to you but not yet paid if you are a Creator under the terms of the Creator Supplement.
We will cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information about anyone posting any Content on or through the Website. You hereby waive and shall indemnify KinkyFans and its affiliates, licensees, and service providers against any claims resulting from any action taken during, or taken because of, investigations by either KinkyFans or law enforcement authorities.
These content standards (“Content Standards”) apply to all Content and the use of the Website. Content must comply with all federal, state, local, and international laws and regulations and credit card association standards.
Content must not:
- Promote, depict, or discuss any activity that is illegal or otherwise violates any credit card association or payment processor standards.
- Contain any non-consensual, defamatory, obscene, indecent, abusive, offensive, harassing, threatening, violent, hateful, inflammatory, or otherwise objectionable material.
- Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Contain children, child sexual abuse material, age-play, incest, rape or non-consensual sex, hypnosis, intoxication, sexual assault, extreme violence, non-consensual pain, blood, cutting, erotic asphyxiation, torture, necrophilia, sadomasochistic abuse, hardcore bondage, extreme fisting, genital mutilation, bestiality, urine or water sports, scat or excrement-related material, enema play, vomiting, menstrual bleeding, or any other matter that is illegal or violates credit card association standards.
- Contain unsolicited content or unsolicited language that sexually objectifies another person in a non-consensual way or contains fake or manipulated content concerning another person (including “deepfakes”).
- Promote, depict, or constitute “revenge porn” (being any sexually explicit material featuring any individual who has not given prior, express, and informed consent to that material (a) being taken, captured, or otherwise memorialized; or (b) being posted and shared on the Website).
- Promote or depict firearms (excluding obvious toys), weapons (excluding obvious toys), or any sale, possession, or use is subject to prohibitions or restrictions.
- Promote or depict alcohol or drugs or drug paraphernalia.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of anyone.
- Be likely to deceive anyone.
- Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices. We do not allow Content that promotes (a) illegal schemes (like Pyramid/Ponzi schemes); (b) businesses that promise wealth with little or no effort; (c) unregistered securities offerings (absent a legal basis); (d) illegal products or services; and (e) product or services (even if legal) using deceptive marketing practices. In addition, Users must not use the Interactive Services for unsolicited direct marketing purposes.
- Promote, facilitate, or solicit prostitution; sex trafficking; or human trafficking.
- Cause undue annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy anyone.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve unauthorized commercial activities or sales, including unsanctioned contests, sweepstakes, and other sales promotions, barter, or advertising, including soliciting Users for commercial ventures.
- Give the impression that they emanate from or are endorsed by us or any other person or entity if that is not the case.
- Contain viruses, worms, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, mobile device, or telecommunications equipment.
- Disclose anyone’s private or personal information without their written consent.
- Request personal information from, or disclose personal information to, anyone, including financial information, payment information, email address, telephone number, or mailing address.
- Request money from, or otherwise defraud, anyone.
If you believe that any Content infringes your copyright, please see our Complaint Policy for instructions on sending us a notice of copyright infringement. It is KinkyFans’ policy to terminate the User accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We are not making any warranty about the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on those materials by you or any other visitor to the Website, or by anyone who might be informed of any of its contents.
All statements or opinions expressed in Content and all articles and responses to questions and other content, other than the content provided by KinkyFans, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect KinkyFans’ opinion. We are not responsible, or liable to you or any nonparty, for the content or accuracy of any materials provided by any User or nonparty.
Third party service, VerifyMyID, is an independent age verification service to review identification and documentation submitted prior to account creation. VerifyMyID will require governmental identification (drivers license, state license, passport, etc.) prior to creating a User account. Further tax identification documentation must be provided prior to any earnings payout as further detailed in the Creator Supplement.
VerifyMyID utilizes 3D Face Scan AI technology that captures liveness, anti-spoofing and age estimation checks as well as capturing an image for further ID verification. ID
Content uploaded to the platform will be used in Marketing campaigns to promote KinkyFans and it’s associated brands / products. Any content sold on KinkyFans is available to be used in online and offline advertising efforts not limited to: print, email, social media, live events etc.
All content is watermarked KinkyFans. Content is not downloadable from the platform, subject to changes made in future updates.
Content Management Procedure
For those found in breach of the agreed content restrictions or account usage will be subject to disciplinary action. The 3 strikes system is utilized including a third warning that can escalate to a temporary or permanent ban depending on the severity of the incidents. We retain the right to ban content at our discretion.
- 1st warning: The moderation team sends notice of policy violation to the content creator with action taken
- 2nd warning: The moderation team sends notice of policy violation to the content creator with action taken additional suspension time or escalation taken
- 3rd warning: The moderation team sends notice of ban, temporary suspension or permanent removal from the platform.
Reporting Escalation Procedure
Community Reporting Tool
The platform holds all of it’s users to a high standard and we’ve built in a community reporting tool for any content that might be a violation of community standards. When used, this community reporting tool creates a flag for our internal admins to manually review the content and determine if it violates the company policies.
VerifyMyContent has an internal escalation process prior to content being published. This service includes a proprietary AI process with facial recognition and escalates to human content moderators as well. For issues beyond this, the Cybernet Entertainment team will take over and ultimately will decide on any disciplinary action.
The moderation team will set up velocity rules to identify users who abuse or incorrectly use the community reporting tool.