Last updated: June 6, 2026
Terms of Service
These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "you," "your") and BrandInGang LLC ("Company," "Platform," "we," "us," "our"), a Delaware limited liability company, governing your access to and use of the BrandInGang Fans platform, including all associated websites, applications, APIs, and services (collectively, the "Service").
1. Acceptance of Terms
By accessing, browsing, or using the Service in any manner, including without limitation creating an account, uploading content, subscribing to a creator, making a purchase, or merely visiting the website, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy, and our DMCA Policy, all of which are incorporated herein by reference. If you do not agree to all of these Terms, you must immediately cease all use of the Service.
Your continued use of the Service following any changes to these Terms constitutes your acceptance of such changes. These Terms form a binding legal agreement. You represent that you have the legal authority to enter into this agreement.
2. Eligibility
You must meet ALL of the following requirements to use the Service:
- You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction, whichever is greater.
- You must have the legal capacity to enter into a binding contract under the laws of your jurisdiction.
- You must not be barred from using the Service under any applicable law, regulation, or court order.
- You must not have been previously banned or terminated from the Service.
- You must not be located in, or a resident of, any country subject to U.S. government sanctions or embargo.
- If you are a Creator, you must additionally verify your identity and age through our verification process, including submission of a valid government-issued photo identification document.
By using the Service, you represent and warrant that you meet all eligibility requirements. We reserve the right to request proof of age or identity at any time and to suspend or terminate accounts where eligibility cannot be verified.
3. Account Registration & Security
To access certain features of the Service, you must register for an account. When registering, you agree to:
- Provide accurate, current, and complete information during the registration process.
- Maintain and promptly update your information to keep it accurate, current, and complete.
- Maintain the confidentiality and security of your login credentials (username, password, two-factor authentication codes).
- Not share your account credentials with any third party.
- Not create more than one account per person (unless explicitly authorized by us in writing).
- Accept full responsibility for all activities that occur under your account, whether or not authorized by you.
- Immediately notify us at support@brandingang.com of any unauthorized use of your account or any other breach of security.
We shall not be liable for any loss or damage arising from your failure to comply with these security obligations. We reserve the right to disable any account at any time if, in our sole judgment, you have violated any provision of these Terms.
4. User Conduct & Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Uploading, posting, or transmitting any content that violates our Acceptable Use Policy.
- Using the Service for any illegal purpose or in violation of any local, state, national, or international law.
- Harassing, threatening, intimidating, doxxing, or stalking any other user.
- Impersonating any person or entity, or falsely claiming an affiliation with any person or entity.
- Attempting to gain unauthorized access to any other user's account, the Service's systems, or any connected networks.
- Interfering with or disrupting the Service, servers, or networks connected to the Service.
- Using bots, scrapers, crawlers, or other automated means to access the Service or collect data without our express written permission.
- Circumventing, disabling, or otherwise interfering with security-related features of the Service.
- Downloading, copying, recording, screenshotting, or redistributing any content from the Service without the explicit written consent of the content creator.
- Using the Service to distribute spam, unsolicited communications, or phishing attempts.
- Engaging in any form of market manipulation, fraudulent transactions, or money laundering through the Service.
- Initiating chargebacks or payment disputes in bad faith or for the purpose of obtaining free content.
- Creating accounts using false or misleading information.
- Attempting to reverse engineer, decompile, or disassemble any portion of the Service.
- Using the Service to infringe on the intellectual property rights of any third party.
- Sharing login credentials or allowing multiple persons to use a single account.
- Engaging in any activity that could damage, disable, overburden, or impair the Service.
5. Creator Responsibilities
If you use the Service as a Creator (one who uploads, publishes, or sells content), you additionally agree to the following:
- Content Ownership: You represent and warrant that you own or have obtained all necessary rights, licenses, consents, and permissions to upload and distribute all content you post on the Service.
- Performer Consent: For any content featuring individuals other than yourself, you represent and warrant that you have obtained the informed, written consent of every individual depicted, including their consent to the specific manner and context in which the content will be displayed on the Service. You must retain such consent records for a minimum of five (5) years.
- Age Verification: You represent and warrant that every individual depicted in any content you post is at least eighteen (18) years of age at the time the content was created. You must maintain valid government-issued photo identification confirming the age of all individuals depicted.
- Record Keeping: You agree to comply with 18 U.S.C. § 2257 and 28 C.F.R. Part 75 by maintaining accurate records of the age and identity of all performers depicted in sexually explicit content. These records must include: legal name, date of birth, copies of government-issued photo ID, and all stage names or aliases used.
- Tax Compliance: You are solely responsible for all tax obligations arising from your earnings on the Service. You agree to provide accurate tax information (W-9 for U.S. persons, W-8BEN for non-U.S. persons) and acknowledge that we may report your earnings to applicable tax authorities as required by law.
- Content Accuracy: You agree not to use misleading thumbnails, titles, or descriptions to deceive subscribers about the nature of your content.
- Compliance: You agree to comply with all applicable laws, regulations, and industry standards related to the content you produce and distribute.
6. Subscriber/Fan Responsibilities
If you use the Service as a Subscriber or Fan, you additionally agree to the following:
- No Redistribution: You shall not copy, download (except where an explicit download feature is provided by the creator), record, screenshot, redistribute, republish, or share any content accessed through the Service. All content is licensed for your personal, private viewing only.
- No Chargebacks: You acknowledge that subscriptions and purchases of digital content are final and non-refundable. You agree not to initiate chargebacks or payment disputes for legitimate transactions. Fraudulent chargebacks constitute a material breach of these Terms and may result in immediate termination, collection actions, and legal proceedings.
- Respectful Interaction: You agree to interact with creators respectfully and not engage in harassment, unsolicited demands, or abusive behavior in messages, comments, or any other communication feature.
- Payment Accuracy: You represent that all payment information you provide is accurate and that you are authorized to use the payment method.
- Subscription Management: You are responsible for managing your subscriptions, including cancellations. Subscriptions auto-renew unless canceled before the renewal date.
7. Content Standards
Permitted Content
- Original content created by verified creators aged 18+.
- Sexually explicit content from verified creators with all performers aged 18+ and properly documented under 2257 requirements.
- Artistic, educational, fitness, lifestyle, music, and entertainment content.
- Content that complies with our Acceptable Use Policy.
Prohibited Content
The following content is strictly prohibited and will result in immediate action as described in our Acceptable Use Policy:
- Any content depicting minors or that could be construed as child sexual abuse material (CSAM).
- Non-consensual intimate images ("revenge porn").
- Content produced through coercion, trafficking, or exploitation.
- Bestiality or zoophilia content.
- Necrophilia content.
- Content promoting terrorism, real-world violence, or extremism.
- Content facilitating human trafficking or forced labor.
- Hate speech targeting any protected class.
- Content promoting self-harm or suicide.
- Content depicting or promoting illegal drug manufacturing or distribution.
- Content depicting or promoting illegal weapons manufacturing.
- Malware, phishing, or fraudulent schemes.
- Content that violates any applicable law or regulation.
For the complete list, refer to our Acceptable Use Policy.
8. Intellectual Property
Creator Ownership
Creators retain full ownership of all content they upload to the Service. Nothing in these Terms transfers ownership of your content to us.
License to Platform
By uploading content to the Service, you grant BrandInGang LLC a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, reproduce, display, distribute, modify (solely for formatting and technical purposes such as transcoding, resizing, or watermarking), and make available your content solely in connection with operating, promoting, and improving the Service. This license terminates when you delete your content or account, subject to reasonable backup and caching periods not to exceed thirty (30) days.
Platform IP
The Service itself, including its design, features, code, branding, logos, and documentation, is the exclusive property of BrandInGang LLC and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or create derivative works of the Service.
9. Payment Terms
- Billing: All purchases, subscriptions, and tips are processed through our third-party payment processor. By making a payment, you agree to the payment processor's terms of service in addition to these Terms.
- No Refunds: All sales of digital content, subscriptions, tips, and pay-per-view purchases are final and non-refundable. Digital content is delivered immediately upon purchase, and you waive any right to a "cooling-off" period to the maximum extent permitted by applicable law.
- Chargebacks: If you initiate a chargeback or payment dispute for a legitimate transaction, we reserve the right to: (a) immediately suspend or terminate your account; (b) pursue the disputed amount through collections; (c) report the chargeback as fraud to applicable authorities; (d) ban you permanently from the Service; and (e) pursue all available legal remedies including attorney's fees and costs.
- Currency: All amounts are denominated in United States Dollars (USD) unless otherwise specified.
- Taxes: You are responsible for any applicable sales tax, VAT, or other taxes imposed on your transactions.
- Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless canceled at least 24 hours before the renewal date.
10. Platform Fee Disclosure
BrandInGang Fans retains a platform fee of twenty percent (20%) of all transactions (subscriptions, tips, pay-per-view content, and other monetization features). Creators receive eighty percent (80%) of the gross transaction amount. Payment processing fees charged by our third-party payment processor are included within the platform's 20% fee and are not additionally deducted from creators. We reserve the right to modify the fee structure with at least thirty (30) days' written notice to affected creators.
11. Withdrawal Terms
- Minimum Withdrawal: The minimum withdrawal amount is $20.00 USD.
- Processing Time: Withdrawal requests are processed within three to five (3–5) business days from the date of the request.
- Holding Period: Earnings are subject to a seven (7) day holding period from the date of the transaction before becoming available for withdrawal, to allow for fraud detection and chargeback processing.
- Methods: Withdrawals are available via direct bank transfer (ACH), wire transfer, or other methods as made available on the platform. Additional fees may apply for certain withdrawal methods.
- Verification: We may require additional identity verification before processing large withdrawals or withdrawals to new payment methods.
- Forfeiture: In the event of account termination for violation of these Terms, any pending balance may be withheld for up to one hundred eighty (180) days to cover potential chargebacks, refunds, or fines, after which remaining funds will be disbursed minus any applicable deductions.
12. Termination
Termination by Platform
We may suspend or terminate your account and access to the Service at any time, for any reason or no reason, with or without notice, in our sole and absolute discretion. Reasons for termination include but are not limited to: violation of these Terms, violation of any applicable law, fraudulent activity, extended inactivity, request by law enforcement, or discontinuation of the Service.
Termination by User
You may delete your account at any time through your account settings or by contacting support@brandingang.com. Upon deletion: (a) your profile and content will be removed within thirty (30) days; (b) active subscriptions you have purchased will remain active until their paid period expires but will not renew; (c) you remain responsible for any outstanding obligations incurred prior to termination.
Effect of Termination
Upon termination, your right to use the Service immediately ceases. Sections 8, 9, 13, 14, 15, 16, 17, and 18 survive termination.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY USER-GENERATED CONTENT POSTED ON OR THROUGH THE SERVICE.
- IN NO EVENT SHALL BRANDINGANG LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
- OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.
- SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Indemnification
You agree to indemnify, defend, and hold harmless BrandInGang LLC, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to: (a) your use of the Service; (b) your content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; (e) your violation of any third-party right, including without limitation any intellectual property right, publicity right, confidentiality right, or privacy right; (f) any dispute between you and another user of the Service; or (g) any chargeback or payment dispute initiated by you or on your behalf.
This indemnification obligation shall survive the termination of these Terms and your use of the Service.
15. Dispute Resolution
Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be Wilmington, Delaware. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
Class Action Waiver
YOU AND BRANDINGANG LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and BrandInGang LLC agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
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. For any claims not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware.
Informal Resolution
Before initiating arbitration, you agree to first contact us at legal@brandingang.com and attempt to resolve any dispute informally for at least thirty (30) days.
16. Modifications to Terms
We reserve the right to modify these Terms at any time. We will provide at least thirty (30) days' advance notice of material changes by posting the updated Terms on the Service and, where feasible, by sending notice to the email address associated with your account. The "Last Updated" date at the top of these Terms will be revised accordingly. Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Service before the effective date.
17. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms, all of which shall remain in full force and effect.
18. Entire Agreement
These Terms, together with the Privacy Policy, Acceptable Use Policy, DMCA Policy, and 2257 Compliance Statement, constitute the entire agreement between you and BrandInGang LLC with respect to the Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and BrandInGang LLC's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
19. Contact Information
If you have any questions about these Terms, please contact us:
- Email: legal@brandingang.com
- Support: support@brandingang.com
- Entity: BrandInGang LLC
- Jurisdiction: State of Delaware, United States