Terms of Service

Contract of “adhesion of the mandate for collection and delivery of economical resources” executed on one side by:
CALLING NEW DIGITAL and his legal representative
Avenida Popocatepetl 415
Mexico city with marketing and  
technical office in Los Angeles CALIFORNIA

info@callingfans.com | Phone number: +52 55 2083 8405
whom we will call “the representative” and on the other hand the registred user (or fans) of the platform “callingfans” hereinafter referred to as fan” subject to the following declarations and clauses:
the representative declares:
· Is an italian "individual based" in Mexico city with also a company based in Avenida Popocatepetl 415, Mexico city with marketing and  technical office in Los Angeles CALIFORNIA.
· With this contract you agree that Calling Fans and its owner only takes 4% commission for managing the platform and that the rest of the commission is taken by the payment processor and the bank in the currency exchange
· that it has the means to offer the user that uses the digital platform called “callingfans” in order to receive the economical resources of "the fans " which is the person who adheres to this contract and decides to sponsor a third party figure called “the sponsored party or content creators”.
· that he wishes to act as “the representative” for the purpose of receiving economic resources and delivering them to the sponsored party, to the bank account designated by the sponsored party.
the fans declares:
· that under his own rights as an “individual”, decides to provide economical resources, in order that “ the REPRESENTATIVE”, delivers them to the person assigned to receive them.
· declares under oath that the resources sent to "the representative" are of lawful origin and that they are freely given to sponsor the activities related to "calling fans”, and that they do not imply a good or service provided by "the representative".
· that it is the responsibility of the "sponsored" to inform "the representative" of the receipt of the resource sent by "the fan".
· that by prior written or verbal agreement that "the fan" has with "the sponsored", to support activities related to: calling fans.
· that "the fan" has the necessary powers to enter into this agreement and that he/she is of legal age in his/her country of residence.
· that it is their will to adhere to the present contract related to the mediation service for the transfer of resources and delivery of the same to a "sponsored" by the representative", according to the conditions established in the clauses of the present contract of adhesion.
· that it is his desire to be bound by the terms and conditions of this contract, stating that he has the legal capacity to enter into this agreement.
based on the above statements, both "the fan" and "the representative" are subject to the following clauses:
clause one (1). definition of terms.
a. “the fan": natural person who instructs a third party called "the representative", so that by means of transfer or delivery of resources to a payment platform called "stripe", is in charge of making the transfer(s) of resource(s) to "the representative".
b. "the representative": person assigned by the developer of the software or digital platform called calling fans, who receives in his/her account from "the fan" the resources to deliver them to "the sponsored".
c. intermediation: service of reception and delivery of economic resources performed by "the fan," "the representative" and "the sponsored.
d. "the sponsored": is the individual who benefits from the economic resources provided by "the representative", coming from a legal source from "the fan", to continue with its activities related to: calling fans.
e. the developer: the legal entity that owns the development of the platform and grants the use of the platform to "the fan" for a fee or free of charge.
f. platform: is the electronic medium in which "the sponsored" makes known any of the activities indicated in paragraph c of this clause, which must be legal, known as “calling fans”.
g. resources: are the economic means that "the fan" transfers to "the representative", so that he/she may deliver them to "the sponsored.
h. currency of reference: it is the legal currency, whether domestic or foreign, in which "the representative" carries out the transactions for the delivery of economic resources.
i. means of payment: digital means denominated "stripe" by the world financial systems of legal character that allow receiving and delivering resources to the person(s) with whom the service has been contracted.
j. confirmation of receipt: it is the resource received in the account of "the representative" by "the fan", to carry out the actions referred to in the second clause of this instrument.
k. confirmation of delivery: it is the confirmation by any means made by "the sponsored" of the resources received and delivered on behalf of "the fan" through "the representative.
clause two (2). purpose of this adhesion contract.
the purpose of this adhesion contract is to provide the services of reception and delivery of economic resources that "the representative" provides to "the fan" for "the sponsored", which shall be mandatory for "the fan", when using the digital platform called calling fans, when he/she wishes to send resources, in accordance with the terms and conditions established in this contract, being "the representative" the only responsible for the delivery of the resources when they are received to "the sponsored".
the contents of the platform are the responsibility of the person who publishes them, whether photographs, texts or any other form of visual or written communication, which are published in a personal way, so the intermediary and the platform are not responsible for any aspect that has to do with the theft of passwords or misuse of these to access the section assigned to the user of the same.
"the fan", refrains from providing data to third parties, related to address, economic activity that develops, email, or any means of contact, on which is applicable to the second article of the federal law of protection of personal data in possession of individuals, which is applicable in the Mexico city, applying the articles listed in chapter ii entitled "of the principles of protection of personal data" of the aforementioned law, understanding that such application is based on the corresponding jurisdiction.
in the event that "the fan", must deliver information without liability, it will be only when in writing or by legal means:
· there is a court order ordering "the fan", to order the delivery of the same.
· by agreement of the persons sponsoring and receiving the resources, in which the delivery of information is authorized, in a document with the written signature of both parties.
the parties agree that the present mediation contract is adjusted to the use of the platform called "calling fans", and represents the way to guarantee that the sponsorship granted will be for the purposes that the developer or developers have implemented.
the mediation service of the present contract by "the fan", will be carried out continuously, when there is the use of the digital platform called "calling fans", without the existence of additional agreements by "the sponsored", for the delivery of resources not agreed upon.
in no case "the representative" will be able to condition "the fan" subsidy quotas or resources that it must deliver to "the sponsored", except for the agreements that it has with the developer for the additional subsidies.
clause third (3) consideration for mediation services.
in this instrument the developer agrees with "the representative", not to charge any consideration, and it is only at the option of the developer, to charge a percentage of the deposits that will be considered as recovery fees for the maintenance of the system and other related expenses to keep this platform published in the DIGITAL OCEAN@ CLOUD COMPUTING .
this instrument does not generate income for exploitation of the platform, since this is free to use for people who wish to support "the sponsored" with economic resources, and is only limited to the contributions for maintenance so agreed between the developer and "the fan", so in this case "the representative" will retain in its bank account a percentage in favor of the developer.
"the representative" will receive through the means of payment called stripe from "the fan", the amounts agreed with "the sponsored", being forbidden to "the fan" :
· to make payments in cash.
· payments by any other means.
· payment by traveler's check.
· payment made by a third party.
· amounts greater than ten thousand euros.
clause four (4). receipt of resources
once "the representative" receives the resources from "the fan", it shall give notice by means of:
  • e-mail to the address info@callingfans.com OR a message sent for electronic way by payment processor.
· any other means that allows to leave evidence of the delivery of resources to transfer them to "the sponsored".
the payment must be made to the online payment processing called Stripe , which will make the transfer to the account of "the representative", and this in turn will make the bank transfers to the account(s) of "the sponsored".
"the representative" disclaims all legal responsibility for the resources delivered to "the sponsored", in terms of contributions that he/she must pay in his/her country of origin, since its function is to intermediate a platform of free use in which "the fan" decides to support "the sponsored" with its resources.
in case "the representative", decides to change the platform for receiving resources from "the fan", "the representative" will indicate this situation so that "the fan" can make the corresponding deposit.
the parties agree that "the representative" is not obliged to make any payment to "the sponsored" until it confirms the receipt of resources by "the fan" between the online payment processing called Stripe.
clause five (5). platform failures.
"the representative", is obliged to deposit the economic resources received by "the fan", in a term no longer than 168 hours to deliver these to "the sponsored", to the bank account previously designated by the beneficiary its reception; it is prohibited to make deliveries in cash or by any means that may cause money laundering or legal practices that involve legal risks in which "the representative" and the developer of the platform may be involved.
in the event that "the sponsored" has its bank account disabled for any reason, whether legal or technical, it is not the responsibility of "the representative"; therefore, no damages may be considered, and "the sponsored" must notify by any accepted means referred to in clause four (4) by "the sponsored in a term no longer than twenty-four (24) hours, of the new bank account to which the corresponding deposit must be made.
clause six (6). platform failures.
"the representative" is not responsible for the failures suffered by the base platform of this adhesion contract, since it only acts as mediator for the reception and delivery of resources of "the fan" with "the representative" and its responsibility is limited to:
a. delivery of resources.
b. receipt of resources.
c. income retention for platform maintenance.
it is not responsibility of "the representative", any situation in which the payment platform blocks, or prevents in any of the ways whether legal, failures, maintenance or other situation not contemplated, that prevents receiving the resources to be delivered in time and form with the present adhesion contract.
clause seven (7). term, cancellation and termination
the term of this mediation agreement shall be as long as "the fan" makes use of the platform called CALLING FANS, and for the following reasons:
a) "the sponsored" does not accept to receive resources.
b) by mutual agreement with the developer to continue using the platform.
c) due to legal situations that harm the community that makes use of the platform.
likewise, the parties establish that "the fan" may terminate this contract whenever "the representative" ceases to receive the resource requested for "the sponsored".
clause eight (8). adhesion to the present instrument
Once registered and entered at the digital platform called “calling fans” "the fan" adheres to the terms and conditions of the present instrument, accepting the contract of "adhesion of mandate of collection and delivery of economic resources".
clause ninth (9). Responsibilities
The "fans " and "sponsored or called conten creators " acknowledge that they are aware that the Content published/consumed through "Calling fans" is unrelated to the platform itself.
We will not be liable to you if you suffer any loss or damage as a result of your accessing, viewing or creating any Uploaded Content (that includes text as well) that may cause you to breach any contract you have with a third party (for example, your Job) or violate any applicable law in your country. We completely distance ourselves from what you consume and/or do.
And the "Fans" and "the sponsored or called content creators" It is recognized through this contract that the platform is not responsible in any case for the disclosure of the content outside the platform, in this case, fans " and "the sponsored" are fully responsible for any disclosure of content that could cause moral, physical, social or any other damage. Fans and Sponsored agree that CALLING FANS will not respond of damages in this type of scenarios and fans and sposorend are fully responsible of all contents (photos or videos and text ) that they publish or if they share content outside of Calling Fans that can cause moral and physical damage to the fans or sponsored or external third party.
Clause eleven (11) ACCEPTABLE USE POLICY
This Policy applies to your use of Calling Fans and all Content on Calling Fans and forms part of your agreement with us. This Policy sets out what is and is not permitted on Calling Fans.
In this Policy, defined terms have the same meanings as in our Terms of Use for all Users .
1. Do not use Calling Fans except for your own personal use and do not sell, rent, transfer, or share your account or any Content obtained from your use of Calling Fans to or with anyone else.
2. Only use Calling Fans in a manner and for a purpose that is lawful.
Do not upload, post, display, or publish Content on Calling Fans that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, or which encourages or promotes violence or any illegal activity. You accept that Calling Fans will not respond of damages in this type of scenarios and fans and sposorend are fully responsible of all contents (photos or videos and text ) that they publish or if they share content outside of Calling Fans that can cause moral and physical damage to the fans or sponsored or external third party.
3. Do not use Calling Fans in any way which may exploit, harm, or attempt to exploit or harm any individual under 18 years old, for example by exposing them to inappropriate Content.
4. Do not upload, post, display, or publish Content on Calling Fans that:
a. shows, includes or refers to:
i. any individual under 18 years old (or which refers to individuals under 18 years old generally); or
ii. any other individual unless you have written documentation which confirms that all individuals shown or included or referred to in your Content are at least 18 years old, and you have a written consent from each individual to use their name or images (or both) in the Content;
b. shows, promotes, advertises or refers to:
i. firearms, weapons, or any goods whose sale, possession or use is subject to prohibitions or restrictions;
ii. drugs or drug paraphernalia;
iii. self-harm or suicide;
iv. incest;
v. bestiality;
vi. violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, extreme fisting, or genital mutilation;
vii. necrophilia;
viii. urine, scatological, or excrement-related material;
ix. "revenge porn" (being any sexually explicit material featuring any individual who has not given prior, express and fully informed consent to that material (a) being taken, captured, or otherwise memorialized, or (b) being posted and shared on Calling Fans );
x. escort services, sex trafficking, or prostitution;
c. contains unsolicited sexual content or unsolicited language that sexually objectifies another User or anyone else in a non-consensual way, or contains fake or manipulated sexual content in relation to another User or anyone else (including "deepfakes");
d. contains, promotes, advertises or refers to hate speech (being Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic);
e. contains or refers to anyone else's personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for Calling Fans including passwords and security questions, financial information including bank account and credit card details, biometric data, and medical records) without that person's express written consent;
f. either:
i. in the case of Content featuring public nudity, was recorded in or is being broadcast from a country, State or province where public nudity is illegal; or
ii. in the case of Content featuring sexual activities, was recorded in or is being broadcast from a public place where members of the public are reasonably likely to see the activities being performed (this does not include outdoor places where members of the public are not present, for example private property such as a private backyard, or secluded areas in nature where members of the public are not present).
g. gives the impression that it comes from or is approved, licensed or endorsed by us or any other person or company;
h. causes or is calculated to cause inconvenience, or anxiety to anyone else or which is likely to upset, embarrass, or cause serious offence to anyone else;
i. is used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content; and/or
j. involves or promotes third-party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job posting or employment ads without our prior express consent.
5. Do not use Calling Fans to stalk, bully, abuse, harass, threaten or intimidate anyone else.
6. Do not use Calling Fans to engage in misleading or deceptive conduct, or conduct that is likely to mislead or deceive any other User.
7. Respect the intellectual property rights of Creators, including by not recording, reproducing, sharing, communicating to the public or otherwise distributing their Content without authorization.
8. Do not do anything that violates our or someone else's rights, including intellectual property rights (examples of which are copyright, trademarks, confidential information, and goodwill), personality rights, unfair competition, privacy, and data protection rights.
9. Do not impersonate us, one of our employees, another User, or any other person or company or falsely state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or company.
10. Do not provide false account registration information or make unauthorized use of anyone else's information or Content.
11. Do not post or cause to be posted any Content which is spam, which has the intention or effect of artificially increasing any Creator's views or interactions, or which is otherwise inauthentic, repetitive, misleading or low quality.
12. Do not transmit, stream, or otherwise send any pre-recorded audio or video material during a live stream or otherwise attempt to pass off recorded material as a live stream.
13. Do not use other media or methods (for example the use of codewords or signals) to communicate anything which violates this Policy.
14. Do not reproduce, print, distribute, attempt to download, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as permitted under the Terms of Service.
15. Do not knowingly introduce any viruses, trojans, worms, logic bombs or other material into Content which is or may be malicious or technologically harmful.
16. Do not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of Calling Fans
17. Do not use Calling Fans in a way that could adversely affect our systems or security or interfere with any other User’s use of Calling Fans , including their ability to engage in real-time activities through Calling Fans
18. Do not use any automated program, tool or process (such as web crawlers, robots, bots, spiders, and automated scripts) to access Calling Fans or any server, network or system associated with Calling Fans, or to extract, scrape, collect, harvest or gather Content or information from Calling Fans.
19. Do not use Calling Fans ' name, logo or any related or similar names, logos, product and service names, designs, or slogans other than in the limited ways which are expressly permitted in the Terms of Service or with our prior written agreement.
Breaches of this Policy may lead to your account being suspended or terminated, and access to your earnings being revoked, as set out in the Terms of Service.
Clause ten (11). jurisdiction.
the parties agree that whatever is not expressly provided for in this instrument, the provisions of Mexico city law shall be applicable at all times, in matters of mediation referred to in the civil code for Mexico city at Theodor Pallady n 3 apt 21 Sector 3, and that for judicial interpretation and compliance, they submit to the jurisdiction of the competent courts of Mexico city at Theodor Pallady n 3 apt 21 Sector 3, waiving any other jurisdiction that may correspond to them by domicile.
read on the 1 day of the month of Agoust 2021.

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