Appeals policy

BY USING OUR WEBSITE YOU AGREE TO THIS POLICY - PLEASE READ IT CAREFULLY

1. Introduction: This Policy forms part of your agreement with us. Here are a few key things to note:
   • you must follow the procedures below to appeal a Content or account moderation decision.
   • CandFans will handle appeals in keeping with this Policy.
     
     
2. Contact information: CandFans is operated by Street X Inc, a corporation registered in the United States, Delaware, with company registration number 10354575. Our registered office address is located at 2840 Keller Springs Rd, Suite 903, Carrollton, TX 75006. In Japan, CandFans is operated by Adolescence Corporation, with its office located at 1-3-12 Shinjuku, Shinjuku-ku, Tokyo. If you have questions about this Policy please contact [e-mail].
   
   
3. Interpretation: Unless specifically defined in this Policy, the meanings given to words defined in the Terms of Use have the same meanings.
   
   "Decision": any action taken by CandFans to:
   1. suspend or deactivate an account;
   2. suspend or deactivate Content shared to or from an account;
   3. impose a final warning for a violation on an account;
   4. restrict account features (for example, the ability to livestream); or
   5. suspend, terminate, or restrict the ability to monetise Content, including by preventing subscriptions or limiting your ability to accept certain types of payments.
      
      
4. Use: This Policy can be used in two ways:
   1. by CandFans Users who want us to review or reverse a Decision; or
   2. by non-CandFans-users in the EU/EEA who have complained about suspected illegal or non-consensual Content on CandFans and who disagree with CandFans' appeal response.
      
      
5. Appeal procedure: The only way to appeal a Decision is to complete and submit the Deactivation Appeal Form.
   
   
6. Required information: Only fully completed Deactivation Appeal Forms will be considered. Your Deactivation Appeal Form must include:
   1. the URL or username of the account;
   2. the URL of Content subject to the appeal;
   3. detailed reasons why you believe your Content or account is in keeping with the CandFans Terms of Service and Acceptable Use Policy; and
   4. for non-CandFans-users in the EU/EEA who disagree with our decision to permit Content to remain on CandFans why you believe the Content is illegal or non-consensual.
      
      
7. Timing of appeals: All appeals should be filed within six months of a Decision.
   
   
8. Review process: If we receive a completed Deactivation Appeal Form:
   1. we will review the relevant CandFans account information;
   2. we will consider the information and the supporting documents that you have provided;
   3. we may request additional information or documents from you or from third parties to help us decide the appeal; and
   4. based on the information, we will grant, grant in part, or deny your appeal, and we will notify you of our decision:
   5. If we grant your appeal, we will reverse each relevant Decision and any actions taken as a result of each Decision.
   6. If we grant your appeal in part, we will notify you of each Decision that has been reversed and any actions taken as a result.
   7. If we deny your appeal, no Decision will change.
      
      
9. No liability: We are not liable for any interruption of access to your CandFans account, including any loss of earnings or subscribers, even where we grant some or all of your appeal.
   
   
10. Appeals team: Our Appeals Team will consider each properly filed appeal based on the information provided in a non-discriminatory, diligent, and non-arbitrary manner.
    
    
11. Situations where a Decision cannot be appealed: This Policy does not apply to any irreversible Decision (for example, a Decision to end a livestream).
    
    
12. Additional procedures for users in the EU/EEA:
    1. You may also file a complaint with a regulatory authority and/or seek a remedy via a certified third-party out-of-court dispute settlement body or the relevant courts in your country of residence/establishment.
    2. In certain circumstances, out-of-court dispute settlements under the EU Digital Services Act ("DSA") may apply. Each EU member state must certify an out-of-court dispute settlement body to handle eligible disputes.
    3. You also have the option of judicial redress by pursuing your claim in a court which has jurisdiction.
    4. You may submit a report or complaint regarding Content which you believe is illegal or otherwise violates our Terms of Service. We will review all reports and complaints, and determine whether we agree that a violation of our Terms of Service has occurred.
    5. If we conclude that no violation of our Terms of Service has occurred and elect not to make a Decision regarding the relevant Content, you may be able to refer the matter to an out-of-court dispute settlement body. If you do, we will engage with the out-of-court dispute settlement body in good faith and as required by law.
    6. We are not bound by any decisions made by an out-of-court dispute settlement body, and may refuse to engage with an out-of-court dispute settlement body if a dispute concerning the same Content, and the same grounds of alleged incompatibility with our Terms of Service has already been resolved.