1. Acceptance of Terms
By accessing or using OhMyFans.org ("the Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, do not use the Platform. We may update these Terms at any time, and continued use of the Platform constitutes acceptance of revised Terms.
2. Eligibility
You must be at least 18 years of age to use the Platform. By creating an account, you represent and warrant that:
- You are at least 18 years old.
- You have the legal capacity to enter into a binding agreement.
- You are not located in a jurisdiction where use of this Platform is prohibited.
- Your use of the Platform does not violate any law or regulation applicable to you.
3. Account Responsibility
You are solely responsible for maintaining the confidentiality of your account credentials, including your password and any wallet keys associated with your account. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. OhMyFans will not be liable for any loss arising from unauthorized use of your account.
4. Content Guidelines
OhMyFans allows legal adult content. All content uploaded to the Platform must comply with the following:
- All individuals depicted must be 18 years of age or older.
- Content depicting or suggesting minors in any sexual context is strictly prohibited and will result in immediate account termination and reporting to authorities.
- All content must be consensual. Non-consensual content, "revenge porn," or content uploaded without the consent of all depicted individuals is prohibited.
- Content promoting violence, trafficking, or illegal activities is prohibited.
- Content must not infringe on the intellectual property rights of any third party.
OhMyFans reserves the right to remove any content that violates these guidelines without prior notice.
5. Creator Obligations
As a content creator on the Platform, you agree to:
- Comply with 18 U.S.C. 2257 record-keeping requirements for all sexually explicit content you produce. You must maintain records verifying the age of all individuals depicted in your content.
- Only upload content that you have created or have explicit authorization to distribute.
- Complete identity verification before publishing content. Verification records are maintained per legal requirements.
- Ensure all depicted individuals have given informed, documented consent.
- Not impersonate any person or misrepresent your identity or affiliation.
- Comply with all applicable local, state, national, and international laws and regulations.
6. Subscriber Obligations
As a subscriber on the Platform, you agree to:
- Not redistribute, share, download (beyond personal use), or re-upload any content obtained through the Platform.
- Not use any automated tools, bots, or scrapers to access or download content.
- Not harass, threaten, or abuse creators or other users.
- Understand that subscriptions and purchases are made in USDC and that you are responsible for understanding how cryptocurrency transactions work.
7. Payment Terms
All payments on OhMyFans are processed in USDC (USD Coin) on the Solana blockchain.
- Platform Fee: OhMyFans retains a 10% platform fee on all transactions (subscriptions, tips, pay-per-view, message unlocks).
- Creator Payouts: Creators receive 90% of gross revenue minus referral commissions, paid instantly in USDC to their designated Coinbase wallet.
- No Refunds: All transactions are final. Due to the nature of digital content delivery and blockchain transactions, refunds are not available. Chargebacks through the underlying payment processors are subject to review.
- Subscription Renewals: Subscriptions auto-renew monthly unless canceled before the renewal date. Subscribers must have sufficient USDC balance or credit to renew.
- Tax Responsibility: OhMyFans does not issue 1099 forms or collect Social Security Numbers. Creators and subscribers are solely responsible for reporting their income and complying with applicable tax laws.
8. Referral Program
OhMyFans offers a 2-tier referral program:
- Tier 1: You earn 4% of gross revenue from creators you directly refer, for the lifetime of their account.
- Tier 2: You earn 6% of gross revenue from creators referred by your Tier 1 referrals, for the lifetime of their accounts.
- Referral commissions are paid from the platform's 10% fee, not from the creator's earnings.
- OhMyFans reserves the right to modify the referral program terms, suspend referral payouts for fraudulent activity, or terminate referral relationships that violate these Terms.
- Self-referrals (creating multiple accounts to earn referral income) are prohibited and will result in account termination.
9. DMCA and Copyright Policy
OhMyFans respects intellectual property rights and responds to valid DMCA takedown notices in accordance with the Digital Millennium Copyright Act.
- To file a DMCA takedown request, visit our DMCA Request page.
- Upon receiving a valid DMCA notice, the infringing content will be removed or disabled promptly.
- The creator whose content was removed will be notified and may file a counter-notification.
- Repeat infringers will have their accounts permanently terminated.
- Filing a false DMCA claim is a federal offense under 17 U.S.C. 512(f).
10. Termination
OhMyFans may suspend or terminate your account at any time, with or without cause, with or without notice. Reasons for termination include but are not limited to:
- Violation of these Terms of Service.
- Uploading content depicting or suggesting minors.
- Uploading non-consensual content.
- Engaging in fraud, money laundering, or other illegal activities.
- Repeated copyright infringement.
- Abuse or harassment of other users.
Upon termination, your right to use the Platform ceases immediately. Any pending payouts may be withheld if termination is due to a violation of these Terms. You may request account deletion at any time through your account settings.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
- OHMYFANS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM.
- OHMYFANS IS NOT LIABLE FOR ANY LOSSES RESULTING FROM CRYPTOCURRENCY VOLATILITY, BLOCKCHAIN NETWORK ISSUES, WALLET COMPROMISES, OR FAILED TRANSACTIONS.
- OHMYFANS IS NOT LIABLE FOR CONTENT UPLOADED BY USERS. CREATORS ARE SOLELY RESPONSIBLE FOR THEIR CONTENT.
- OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE PLATFORM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to indemnify, defend, and hold harmless OhMyFans, its operators, affiliates, and their respective officers, directors, and employees from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Platform, your content, or your violation of these Terms.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Delaware, and you consent to personal jurisdiction and venue in such courts.
14. Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
15. Contact Information
For questions about these Terms, please contact us at legal@ohmyfans.org.