Effective Date: August 28, 2024
1. Introduction
This appeals policy forms part of the legal agreement between FetishFinder and you. By using FetishFinder, you agree to this policy. Please read it carefully. This policy outlines the process by which users of FetishFinder can appeal decisions made by FetishFinder regarding content moderation, account suspension, or any other actions that affect their use of our services. This policy is designed to comply with the European Union Digital Services Act (EU DSA) and aligns with our internal processes and legal obligations. This policy should be read in conjunction with our Terms of Service, Acceptable Use Policy, DMCA Policy, and Complaints Policy, which govern your use of FetishFinder.
2. Interpretation
Unless specifically defined in this policy, the meanings given to terms in our Terms of Service and internal policies apply to this policy. This policy is consistent with FetishFinder’s internal procedures regarding content moderation, age verification, and compliance.
3. Right to Appeal
You may appeal any decision made by FetishFinder that:
Restricts your access to content or services.
Removes content posted by you.
Suspends or terminates your account.
Limits your ability to participate in platform activities.
4. Grounds for Appeal You may submit an appeal if you believe that:
The decision was based on an incorrect application of our Terms of Service or Acceptable Use Policy.
The decision violates your rights under applicable law, including the EU DSA.
There is new evidence that was not considered during the initial decision-making process.
5. Grounds for Appeal This policy does not apply to decisions that are final and irreversible, such as the permanent suspension of a livestream or the closure of an account due to repeated violations of our Terms of Service.
6. How to Submit an Appeal To submit an appeal, you must complete the online appeals form available at [URL], providing details of the decision being appealed, the grounds for appeal, and any supporting evidence. You must submit the appeal within seven days from the date the decision was communicated to you.
7. Appeals Process On submission, the appeal will go through the following steps:
FetishFinder will acknowledge receipt of the appeal within 48 business hours.
The appeal will be reviewed by the Content Moderation Team, in collaboration with the Legal and Compliance Team, neither of which were involved in the initial decision-making process. This review will consider your arguments, any new evidence presented, and FetishFinder’s policies.
FetishFinder will aim to communicate the outcome of the appeal within 14 days of receiving the appeal. This time frame is a target and may be extended in complex cases requiring additional investigation.
If the appeal raises complex legal issues or involves potential prohibited or illegal content, the matter may be escalated to the appropriate legal authorities or reviewed under our internal escalation protocols.
The decision will include a clear explanation of the outcome and the reasons behind it.
8. Outcomes of an Appeal The outcomes of an appeal might include:
Reinstatement of the removed content.
Reversal of the account suspension or termination.
Upholding the original decision.
9. No Liability for Appeal Outcomes FetishFinder is not liable for any interruption of access to your account, including any loss of income or subscribers, even if your appeal is successful.
10. External Dispute Resolution If you are not satisfied with the outcome of the appeal, you may:
File a complaint with a regulatory authority.
Seek remedy through a certified third-party out-of-court dispute settlement body or relevant courts in your jurisdiction.
In the EU/EEA, you may refer the matter to an out-of-court dispute settlement body as provided under the EU DSA. FetishFinder will engage with these bodies in good faith, but we are not legally bound by their decisions unless required by law. All actions taken under this policy are subject to compliance with applicable laws and regulations, including the EU DSA and GDPR.
11. Record Keeping FetishFinder will maintain records of all appeals and their outcomes for seven years, consistent with our internal policies. These records may be subject to audit by regulatory authorities, in compliance with the EU DSA. All records related to appeals will be stored securely in accordance with our data protection and privacy policies, ensuring compliance with relevant laws and regulations.
12. Amendments FetishFinder may amend this policy on one or more occasions. Users will be notified of any changes via the platform, and the updated policy will be made available on the FetishFinder website.
13. Contact Information FetishFinder is operated by PACTM LLC, a Nevada limited liability company. For any questions or further information regarding this policy, you can contact us at [email protected].