THIS WEBSITE MAY CONTAIN CONTENT THAT WE ARE NOT RESPONSIBLE FOR, AS THIRD-PARTY CREATORS ACTIVELY SHARE AND UPLOAD CONTENT REGULARLY. WE TAKE EXTREME CARE TO MONITOR OUR WEBSITE; HOWEVER, WE CANNOT BE RESPONSIBLE WHERE ANY SUCH MATERIAL IS HOSTED WITHOUT OUR KNOWLEDGE. YOU ACKNOWLEDGE AND ACCEPT THIS AS PART OF YOUR USAGE AND WARRANT YOU HOLD US HARMLESS FOR ANY MATERIAL WHATSOEVER.
The Short Version
You agree to show respect and care for creators and other users and warrant you will not steal their content for your own use. This site may contain material rated/suited to Over 18; please leave if this may offend you. You accept you enter this site willingly and subscribe to creators willingly. If you’re in breach of term(s); are abusive; steal IP; etc - you will be banned and no refund given. Be kind, be nice, be awesome.
Welcome to Fan-Topia.com owned by OSOMR Limited (hereinafter referred to as the “website” or “site” or “we” or “us”). The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of our website constitutes your agreement to all such Terms. Our website is owned and operated by OSOMR Limited of Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX. Our website provides an online platform to its users (hereinafter referred to as “You”, “Your”) through which Creators can upload their content on the website to enable fans to view it (collectively, the “Services”).
By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"). These Terms govern your access to and use of the Site and Services and all Collective Content and constitute a binding legal agreement between you and us.
This website reserves the right to recover the cost of services, collection charges and lawyers’ fees from persons using the Site fraudulently. This website reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
DEFINITIONS AND INTERPRETATION:
“Fan-Topia” means the online platform via which creators can post their contents on the website to allow the fans who subscribe to them to view it.
“Creators” shall mean individuals who after registering and creating an account on the website can post their content on the website.
“Fans” are individuals who after registering and creating an account on the Website, subscribe and view the content posted by Creators on the Website.
“Content” means text, graphics, images, music, audio, video, information, or other materials.
“Company” – Fan-Topia or its owning company
The official language of these terms shall be English.
The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
“User”, Creators and fans shall collectively be referred as Users
ELIGIBILITY OF MEMBERSHIP:
Users must be of at least 18 years old to access, join and use the site. Use of the Site is available only to persons who have capacity to form legally binding contracts under applicable law.
Our website reserves the right to terminate your membership and refuse to provide you with access to the Site if we discover that you are under the age of 18 years and or have not obtained the consent of your parents/legal guardians. The Site is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of our website you agree to be bound by the Terms and Conditions.
In order to avail our services, you shall be required to create an account with us.
To register for an account with us (an "Account") you need to provide certain personal information such as name, email address and password.
You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorised use, or suspected unauthorised use of your Account or any other breach of security. Source-wave website cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorised to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your website account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper- and lower-case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
You agree to provide and maintain accurate, current, and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
When creating an Account, never:
- Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
- Use a username that is the name of another person with the intent to impersonate that person;
- Use a username that is subject to rights of another person without appropriate authorisation; or
- Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading or to reclaim any username that you create through the Service that violates our Terms (howinever any account/username shall remain the property of the website at all times). If you have reason to believe that your Account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
You may not transfer or sell your Fan-Topia account or User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Our Services are not available to temporarily or indefinitely suspended members. Our website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website reserves the right to refuse service to anyone, for any reason, at any time.
One individual can own only one account in his/her name.
You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes, where applicable. In addition, you must abide by our website’s policies as stated in the Agreement and the website policy documents published on the Website as well as all other operating rules, policies and procedures that may be published from time to time on the Website by Company.
Our website provides a platform wherein the creators can post their content on the website and fans can subscribe to the creators and view the content posted by the creators. We act as an intermediary only and you acknowledge and accept we are not responsible and or liable for any creator content.
Creators may after creating an account, upload the content through their profile.
Fans can subscribe to the Creator that they like by paying the subscription fee and view the content posted by the Creator.
The website currently is offering its services for free to its users. However, the website can any time at its sole discretion decide to charge requisite fee from the users thereto.
CREATOR’S RESPONSIBILITY FOR LISTING CONTENT ON THE WEBSITE AND ITS OBLIGATIONS:
The Creator agrees to ensure that all the Contents uploaded by the Creator on the website shall be an original creation/ product of the Creator.
The Creator agrees to ensure that the Content must not be misleading.
All Contents must be listed in an appropriate category on the Website.
The Creator agrees to update accurate, current, and complete information regarding the Creator as is requested during the Creator’s registration process via the Website.
Company may perform a variety of marketing activities to promote Creator and the Creator’s list of Contents and other information provided to Company, all such marketing activities will be determined in Company’s sole and absolute discretion and the Company’s website content may be changed, without notice and from time to time, to reflect any such changes.
The Creator hereby grants to Company a non-exclusive, transferable, royalty-free, fully-paid, worldwide license, to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such Marketing Materials, including any trademarks, trade names, service marks, logos, telephone numbers, and addresses therein, for any purpose, including marketing, commercial, advertising, promotional activities or otherwise, and with a right to sublicense, in connection with the Company’s Website, or the Company’s Marketing Activities; and, in connection with Company’s exercise of the license rights granted by the Creator.
Company may prepare derivative works of, or incorporate into other works, all or any portion of the Marketing Materials. The license rights granted hereby will apply to any form, media, or technology now known or hereafter developed.
Company does not assert any ownership over the Marketing Materials; rather, as between Company and the Creator, and subject to the rights granted to Company herein, the Creator shall remain the owner of its Marketing Materials and the intellectual property rights associated thereto.
The Creator declares that it has all rights, ownership, licenses and authorizations and is authorized to upload the Contents via Company’s website.
The Company has the right to investigate upon the Contents of the Creator and if at any time during investigation it is proved that the Content is fraudulent is misleading, the Company shall remove the Creator from its website and shall also take appropriate legal action against the Creator for the same.
The Creator acknowledges they will not post content that breaks their local or international law. If the Creator is found to have, Subscribers acknowledge to take legal action against the Creator, not the website.
To withdraw funds, Creators must provide relevant Photo ID to comply with S2257. This will be held off site and offline - but is needed to comply with international law.
All content uploaded is done willingly and not under any form of duress or misrepresentation.
Fans shall make payments to Creators through third party payment methods listed on the website. We are not responsible for delays or erroneous transaction execution or non-subscription due to payment issues. Nor are we responsible for third-party merchants who process transactions as we do not control their systems, processes, technology, and work flows, hence cannot be held responsible for any faults, delays, or errors.
Fans shall make the payment to the Website in the event a Fan wishes to subscribe to a Creator.
Unless otherwise stated, all prices/fees are quoted in USD.
Our Website reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
The Buyers acknowledge that we will not be liable for any such damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond our control.
We reserve the right to add or remove, without warning, any payment method (that is to receive funds or payout funds) at any stage to best suit the flow and security of the website.
Creators are not to try and by pass any payment system within the site. Any evidence of doing so will have the creators account banned. This includes but is not limited to asking fans to; leave the site and use Snapchat, Beam, Venmo, Cashapp or any other system that bypasses the websites payment feature.
Payments to creators (withdrawals) can only occur once the creator has reached USD250. If requesting crypto as payment, half of the funds will be held for a period (probation period) until the account is determined to be trustworthy and consistent. This probation period is at the sole discretion of OSOMR Limited.
If this minimum is not reach and the creator requests their account deleted, these funds are retained by OSOMR Limited in case of disputes raised by fans requesting a refund.
We do not offer refunds on wallet top ups, tips, or subscription plans.
If you feel that a tip or agreed transaction has not occurred, then you must email us at email@example.com with details of the agreement and why you feel it was not met. We will then investigate the matter. If found to be substantiated, a refund will be processed.
If a chargeback occurs, these funds will be taken from the creator’s funds.
Fans can have money refunded out of their wallets if they have topped up too much. If this occurs, please email us at firstname.lastname@example.org and request this. A USD10admin fee will apply as a non-creator.
Fans who tag themselves as a creator to try and get around the above will still be charged the USD10 admin fee.
Users who create chargebacks will immediately be banned from the website. We do not tolerate users gaining access behind a paywall and then disputing funds.
We reserve the right to add or remove, without warning, any payment method (that is to receive funds or payout funds) at any stage to best suit the flow and security of the website.
Our Website reserves the right to recover the collection charges and lawyer’s fees from persons using the Website fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful act or omissions in breach of these Terms and Conditions.
We as a platform shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorisation for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
ACKNOWLEDGEMENTS/REPRESENTATIONS AND WARRANTIES BY USERS:
Before placing an order, Buyers are advised to check the product description carefully. By placing an order for a product, buyer/customers agree to be bound by the conditions of sale included in the product’s description/listing.
Charges displayed on the site include only the cost of the product. Service fee for payment, facilitation fee and shipping charges will be levied/charged extra as applicable and will be added in the total when the final purchase is made.
Prices and availability of products are subject to change, without prior notice to users Buyers/Customers, at our sole discretion.
Our website reserves the right to initiate proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, we may at our sole discretion suspend, block, restrict, cancel the user id of such user and/or disqualify that user from using our website. Any person who knowingly and with an intention to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offense and will be prosecuted to the fullest extent of the law.
The Website is only a venue through which Buyers can reach a larger base to buy products/items. All products are offered only for a restricted time and only for the available supply.
You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before making any purchases through the Website. We shall neither be liable nor be responsible for any actions or inactions of manufacturers of the products and hereby expressly disclaim all responsibility and liability in that regard.
Our website strongly advises Buyers not to test the site with false purchases, as it will put Buyers at substantial personal legal risk. It is an offense to use a false name, other false personal information or a known invalid/ unauthorised credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator.
All purchases on the Website are a firm commitment to purchase. If you are the buyer/purchaser for any product/item, you are obligated to complete the transaction with us. By purchasing an item, you agree to be bound by the conditions of sale included in the item's description on our website.
ACKNOWLEDGEMENTS/REPRESENTATIONS AND WARRANTIES BY USERS:
Our website reserves the right to initiate proceedings against a user who files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, we may at our sole discretion suspend, block, restrict, cancel the user id of such user and/or disqualify that user from using our website.
You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment.
YOU AGREE AND CONFIRM:
That you will use the services provided by our website, its affiliates, and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our website and / or other affiliated websites without prior intimation whatsoever.
That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering any transaction through this Site.
You shall always ensure full compliance with the applicable provisions including local laws.
It is possible that other users (including unauthorised/unregistered users or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. TAKE NOTE that we are not responsible for said material. We may, at our discretion, investigate complaints thereto. However, if you do not agree to this term, you are not permitted to use our website.
It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorised uses, but by using the website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
That if you subscribe to a Creator who is found to be posting fraudulently or illegal material, you are not entitled to a refund as you entered the subscription willingly, generally from the creators advertising.
YOU MAY NOT USE THE SITE FOR ANY OF THE FOLLOWING PURPOSES:
Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability, or otherwise breaches any relevant laws, regulations or code of practice.
Interfering with any other person's use or enjoyment of the Site.
Breaching any applicable laws.
Interfering or disrupting networks or web sites connected to the Site.
Making, transmitting, or storing electronic copies of materials protected by copyright without the permission of the owner.
Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue our site, services
Advertising your services/subscription-based services on any other platform.
Using the platform or our payment processor (USD or crypto) to sell content that is not transmitted on the platform.
INTELLECTUAL PROPERTY RIGHTS:
The User expressly authorises the Company to use their trademarks/copyright material and other intellectual property owned and/or licensed by it for the purpose of reproduction on the website and at such other places as the Company may deem necessary. It is expressly agreed and clarified that, except as specified agreed in this Agreement, each Party shall retain all right, title and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor the use of the copyright/trademark / logos on the publicity, advertising, promotional or other material in relation to the services shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party’s copyright/trademarks.
Nothing in this Agreement will be construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. The Company shall not be responsible for the acts or omissions of the User and the User shall not represent the Company, neither does it have any power or authority to speak for, represent, bind, or assume any obligation on behalf of the Company.
MODIFICATION OF TERMS & CONDITIONS OF SERVICES:
We may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on our website. You should regularly review the Terms & Conditions on our website. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.
REVIEWS, FEEDBACK, SUBMISSIONS
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights (including moral rights) and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display, and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
Our website does not regularly review posted Comments but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make, and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
COPYRIGHT & TRADEMARK:
Our website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of the creator’s or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us or third-party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.
Fan-Topia names and logos and all related product and service and our slogans are the trademarks or service marks of Digital Realm Ltd. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorise anyone to use any name, logo or mark in any manner.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. All software used on this Site is the property of our website or its suppliers and protected by the laws of the relevant state/country you are using the website from. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled, or licensed by our website, one of its affiliates or by third parties who have licensed their materials to us and are protected by the laws of international copyright. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of our website and is also protected by the laws of international copyright and intellectual property
If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please inform us. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
a physical or electronic signature of the copyright owner or a person authorised to act on their behalf;
identification of the copyrighted work claimed to have been infringed;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Your contact information, including your address, telephone number and an email address;
a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
Notices regarding our website should be sent to: email@example.com.
TAKE NOTE, you agree to defend, indemnify and hold harmless our Company/website, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. You agree we are not responsible for any inaccurate, misleading, offensive, or upsetting material hosted on our site, through inadvertence on our part or otherwise. This clause shall survive the expiry or termination of this User Agreement.
We may, at any time and without notice, suspend, cancel, or terminate your account and the right to use the website (or any portion of the website). In the event of suspension, cancellation, or termination, you are no longer authorised to access the part of the website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the website and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
Without limiting the foregoing, we may close, suspend, or limit your access to our website:
if we determine that you have breached, or are acting in breach of, this Agreement;
if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
If we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
to manage any risk of loss to us, a User, or any other person; or
For other similar reasons.
Creators who are not verified with balances under USD250 and not logged in for 6 months (balances will be cleared) - accounts will remain
Creators who are verified with balances over USD250 and not logged in for 12 months (balances will be cleared) - accounts will remain
Fans who have not logged in for more than 12 months will have their balances cleared
If we find you breaching these terms of service, you may also become liable for an amount of which we have suffered losses/damages.
In the event you wish to have your account terminated, your funds as a creator will be held for a total of 90 days before being paid out. This is to cover any refunds or chargebacks that might occur due to you leaving the platform.
DISCLAIMERS AND LIMITATION OF LIABILITY:
The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with your use of the Site.
The Company on the basis of representation by the Creator is listing the contents of the Creator on its website. This representation is the essence of the Contract.
It is expressly agreed by the Creator that the Company shall under no circumstances be liable or responsible for any loss, injury or damage to the Creator or any other user whomsoever, arising on account of any transaction under this Agreement.
The User agrees and acknowledges that it shall be solely liable for any claims, damages, allegation arising out of the activities and transaction through Company’s website and shall hold the Company harmless and indemnified against all such claims and damages. Further the Company shall not be liable for any claims, damages arising out of any negligence, misconduct, or misrepresentation by any User or any of their representatives.
The Website shall not be responsible for any disputes arising between the Users.
The Site provides content from other Internet sites or resources and while our website tries to ensure that material included on the Site is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
Your use of or your inability to use our Website, Services and tools;
Delays or disruptions in our Website, Services, or tools;
Viruses or other malicious software obtained by accessing our Website, Services, or tools or any site, Services, or tool linked to our Website, Services, or tools;
Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items;
A suspension or other action taken with respect to your account.
To the fullest extent permitted under applicable law, our website or its suppliers shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the Site, its services, or this User Agreement.
Our website, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links, or communications provided on or using the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, our website assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.
Our website periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.
GOVERNING LAWS AND JURISDICTION:
This website, and the relationship between the users and parties, shall be governed by the laws of England and Wales and each party agrees that all disputes arising out of or in connection with this website and/or the relationship between the parties, shall be exclusively governed by and determined in accordance with English law. Each party expressly submits to the exclusive jurisdiction of the Courts of England and Wales.
Generally, transactions are conducted smoothly on our website. However, there may be some cases where we and you may face issues. A 'Dispute' can be defined as a disagreement between you and us in connection with a transaction on the Website.
In the interest of resolving disputes between you and us in the most expedient and cost-effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration in line with the Arbitration Act 1996 (UK) and via the London Court of International Arbitration (LCIA). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can, if agreed beforehand, award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms.
The award of the arbitration shall be binding on all parties.
The suits which are implicitly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
If there is a payment dispute or charge back, the returned/charged funds will come from the creator's balance.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail-bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
All Personal Information and User Generated Content provided to or displayed on the Site and Services are subject to our Privacy Statement.
By using the Site and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site and Services.
You acknowledge that all contracts, notices, information, and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
Notice will be deemed received and properly served immediately when posted on the Site and Services, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
- For letters, the letter was properly addressed, stamped, and placed in the post; and
- For emails, the email was sent to the specified email address.
In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws
(legislation, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any formalities which, if not complied with, will either render a transaction void or unlawful.
You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the website are lawful. You must ensure that they comply with all applicable laws in England and Wales and all other countries.
You should comply with national laws to the fullest.
LINKS TO OTHER WEBSITES:
Links to third party Websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third-party Websites and does not control and is not responsible for any of these Websites or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party Websites linked to this site, you do this entirely at your own risks.
NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce each such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
acts of god;
shortage of supplies, equipment, and materials;
strikes and lockouts;
Computer hacking; or
By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
To ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the website or by contacting Customer Support.
These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant, or condition not expressly found either in these Terms shall be deemed as void.