OnlyFans Updates their TOS

Today (March 16, 2021) OnlyFans updated their Terms of Service and then send out this message to all of their users.

We wanted to let you know that we are updating our Terms of Service to make them easier to understand. The new Terms of Service will come into effect on April 1, and when you log in to OnlyFans on that date, you will be asked to agree to the new Terms of Service.

Here’s a link to the new Terms of Service – please read them now so you understand what they say about your use of OnlyFans, its features and its programs.

One thing that stands out is section 14 – Who is responsible for any loss or damage suffered by you?

  • Our total liability to you for any and all claims arising out of or related to your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to the greater of:
    • 100% of the total fees paid by you to us in connection with your use of OnlyFans; and
    • USD 5,000.

Under section 16 this part is really glaring — and also new —

Terms relating to disputes – the law which applies to your agreement with us and where disputes and claims concerning OnlyFans (including those arising from or relating to your agreement with us) can be brought:

  • For business Users (Creators and Referring Users):
    • Business Users – Law:
      • If you are a business User, your agreement with us, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by English law, without regard to conflict of law provisions.
    • Business Users – where claims must be brought:
      • If you are a business User, you and we agree that the courts of England and Wales shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) which you have against us or we have against you arising out of or in connection with your agreement with us or its subject matter or formation.

This means you have to sue them in England????

Something that didn’t change is this now infamous section ….

You waive all moral rights in any Content posted by you on OnlyFans including all rights to be identified as the author of your Content, and all rights to object to derogatory treatment of your Content.

 

 

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