TERMS OF SERVICE
Last updated: July 17, 2023
BY USING OUR WEBSITE, YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE LAVA.TOP PLATFORM, YOU
(1) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT; AND
(2) HEREBY CONFIRM THAT YOUR AGE IS SUFFICIENT FOR SUCH REGISTRATION UNDER THE APPLICABLE LAWS AND/OR YOU HAVE ALL NECESSARY CONSENTS (E.G. PARENTAL CONSENT) IN FULL COMPLIANCE WITH THE APPLICABLE LAWS, INCLUDING FOR PURPOSES OF DATA PROTECTION LAWS, OTHERWISE THE REGISTRATION AT THE LAVA.TOP PLATFORM AND ITS USING IS PROHIBITED.
IN THE EVENT THAT YOU, IN ACCORDANCE WITH THE LAWS OF YOUR STATE, ARE PROHIBITED TO USE LAVA.TOP PLATFORM OR PORTIONS THEREOF OR THERE ARE OTHER LEGAL RESTRICTIONS, YOU DO NOT HAVE THE RIGHT TO USE IT. IN SUCH A CASE, YOU WILL BE SOLELY RESPONSIBLE FOR THE USE OF LAVA.TOP PLATFORM OR THE RELEVANT PART OF IT ON THE TERRITORY OF YOUR STATE IN VIOLATION OF THE RELEVANT LEGISLATION.
I. TERMS OF SERVICE
2. Interpretation: In the Terms of Service:
2.1 “Platform” is online platform lava.top, hosted on website https://lava.top and subdomains, that
(i) enables for all registered users:
- to create and post digital content and digital products (Content);
- to provide the other registered users the access to the content and/or its part created by them and published on the Platform for free or for a fee, determined by the registered users;
- to follow the digital Content or product of other registered users;
- to subscribe to access the Content for free or for a fee, the amount of which is determined by the author of the Content;
- to buy digital content and products of other authorized users;
- to receive donations from other users for support and development of Author’s competencies and expansion of the scope of activities;
- to make donations to other Users;
- to withdraw funds received from the sale of Content and products using the provided withdrawal methods.
(ii) for unregistered users:
- to view open content on other users' page;
- to access and purchase access to paid and closed Content;
- to purchase digital content and products from other authorized users.
2.2 “Company” (also referred to as “we”, “our”, “us”) is the Platform operated company - LAVALANE LTD, registered under the law of Republic of Cyprus with registration number HE 387079, and residing at: Kallipoleos, 3, Flat/Office 102, 1055, Nicosia, Cyprus, which owns the rights to the Platform and provides access to the Platform.
2.3 “Website” is an Internet site at https://lava.top.
2.4 “User” (also referred to as “you” or “your”) is any person who uses the Platform in any way, including, but not limited to: viewing materials and information posted on the Platform; registering on the Platform; using the User's Personal Account; filling the personal page with information about themselves; interacting with the Authors about gaining access to the Authors' Content; sending a web link to the Platform to a third party; taking other actions available within the Platform.
2.5 “ Business user” — any private individual acting in a commercial or professional capacity who, or any legal person which, through the Platform offers goods or services to consumers for purposes relating to its trade, business, craft or profession.
2.6 “Author” is a User registered on the Platform as an Author who posts or plans to post the Author's Content (Uploads Author's Content) to be viewed by other Users, enters into contracts with Users for the right to use Author's Content via the Platform.
2.7 “Customer” is a User who follows an Author and is able to view the Author's Content, and to buy the access to the Author’s Content on the basis of the contract concluded between User and Author via the Platform.
2.8 “Referring User” is a User who participates in the Referral Program;
2.9 “Referred Author” is the person who joins the Platform as an Author via the Referring User's unique referral link.
2.10 “Personal Account” (also “Account”, “Author's Account Profile”, “Customer's Account Profile”) is an Internet page, that is protected by authentication parameters using Credentials, and that is created by the User on the Website after their registration on the Platform; such Account Profile contains User’s information available for viewing by other Users (to the extent permitted by the Users themselves), and may contain the Author's Content in respect of which the Author concludes contracts with the Users and provides access to Users.
2.11 “Credentials” shall mean sign-in information for the Personal Account, including username (User's email address) and password. If the User accesses the Personal Account using a social media account, the sign-in information for such User's social media account shall be considered as Credentials.
2.12 “Content” is any material uploaded to the Platform or created on the Platform by any User (whether an Author or a Customer), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever.
2.13 “Author's Content” is electronic files, including, but not limited to, video or audio clips, recordings, images, documents, other electronic files, posted by the Authors through their Personal Account, with terms of access to them to be defined (paid or free basis), and with such access to be provided by the Author to other Users on the Author's Account Profile on the terms and conditions of the contract concluded between the Author and the Customer.
2.14 “Item of the Author's Content” is a text created in a text editor, file, electronic file uploaded to the Platform.
2.15 “Adult Content” is content that includes erotica, transparent/see-through clothing and overly sexual poses, nudity and implied nudity. This content may only be posted by an authorized User and must be marked 18+ to hide such content from minors.
2.16 “Prohibited Content” is the content that is prohibited for posting on the Platform in accordance with cl.8.2.2. of the present Terms.
2.17 “Service contract” is legally binding services agreement between Author and Customer on granting access to the registered Customer to the Author’s Content (subscription, product or post, lessons, consultations, courses, etc.) on the Platform. This contract is an agreement for the Author to grant the Customer a license to the Author's content or part thereof for a fee and for a period, determined by the Author. This license is non-transferable, non-sublicensable and non-exclusive, and permits the Customer to access and view the relevant Author’s Content on the Customer's personal device and via a normal web browser without granting the Customer any other rights with respect to the Content.
The Company does not set the other general terms and conditions of the Service contract. The parties of this contract are free in determination of the conditions of their legal relationships under the Service contract.
2.18 “Agency Agreement” is a legally binding agreement between Author and the Company under which the Author appoints the Company as Author’s paying agent to collect Author’s Fee and donations from the Customers under the terms set forth in the paragraph 6 below.
2.19 “Author's Fee” is the fee paid by the Customer to the Author for access to the Author's Content, in cases where access is granted on a paid basis, under the Service contract.
2.20 “Company's Fee” (also referred to as “Agency Fee”) is a fee paid by the Author to the Company acting as the Author's agent for collecting and accepting payments from the Customers on behalf of the Author for providing access to the Author's Content in accordance with the Service contract. The relationship for withholding the Company's Fee arises solely between the Author and the Company without the participation of the Customers.
2.21 “Customer/Author Transaction” is any transaction between Customer and Author on a Platform by which access is granted to the Author's Content including in any of the following ways: (i) a Subscription, (ii) payments made by a Customer to view an Author's pay-per-view Content (pay-per-view media and pay-per-view live stream), and (iii) Customer using Customer interaction function on an Author's account.
2.22 “Customer Payment” is any and all payments made by Customer to Author (i) in connection with a Customer/Author Transaction, or (ii) by way of a tip for Author (“donation”).
2.23 “Subscription” is a paid Customer's subscription to an Author's account – the period of time starting from the date of Customer’s payment during which the Customer is granted access to the Author's Content (certain Items of the Author's Content), whether for one month or as part of a bundle comprising a subscription for more than one month.
2.24 “VAT” is value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in Cyprus, other members of European Union and any other jurisdiction. As the name suggests the tax is added to the price of the product or service at the time of purchase and paid directly to the relevant tax authority.
2.25 “Tax” shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable, regardless of that being in Cyprus or any other jurisdiction.
2.26 “Member States” (“EU countries”) – are the countries within the EU where EU VAT rules apply. These are Belgium, Bulgaria, Czech Republic, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland and Sweden.
2.27 “lava.top Terms of Service” (also called “Agreement”) means the legally binding agreement between you and us governing your access to and use of the Platform and Website. Terms of Service consists of: (I) these Terms of Service (also called “Terms”) (II) Complaints Policy, (III) Referral Program Terms, (IV) Procedure for refund of the payments, (V) Privacy Police, (VI) Cookies Policy.
3. Purpose of the Platform, the general principles of its work and the role of the Company
3.1 The Platform is an international content monetization platform for bloggers, online schools, creators and experts. The Platform was made for creating, posting and selling Author's content in one place. Our purpose and our primary objective is empowering Authors to own their full potential, monetize their content and make genuine connections with their fans and followers.
3.2 Using the Platform, the Users are enabled, by means of the software and hardware of the Platform, to enter into Service contracts with other Users. The Platform is used solely to connect Author and Customers in order to conclude such a contract and as a payment’s agent of the Author according to cl. 2.20 of Terms of Service. The Platform’s role is to receive and withdraw payments in rubles, dollars, euros, as well as through a cryptocurrency wallet.
3.3 As the provider of the Platform, Company does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Author’s Content and does not participate in any communications between Authors and Customers.
3.4 The Company isn’t responsible in case of violation of the terms of any Service contract by any party. Users alone are responsible for their User’s Content.
3.5 The Company isn’t a party and does not become a party to or participate in any other way in any contractual relationship between Users, or represent any party of the Service contract.
3.6 The responsibility for execution of the Service contract in relation to the Author’s Content, including the return of the payment in case of breach of the contract shall be borne solely by the Author who has concluded the relevant contract with the Customer.
3.7 If you choose to use the Platform, your relationship with Company is limited to being an independent, third-party, and not an employee, agent, joint venturer or partner of the Company for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit of the Company.
3.8 Company is not acting as an insurer, a guarantor, initiator of the execution, attorney, intermediary, beneficiary or an agent in any capacity for Author or for Customer, except as expressly set forth in cl. 2.20 above herein.
3.9 Company has no control over and does not guarantee:
(i) the existence, quality, safety, suitability for certain purposes, or legality of any Content, uploaded to the Platform by a User, the conformity of the Author`s Content to any Customer expectations;
(ii) the performance or conduct of any User or third party.
3.10 Company does not endorse any Author or Author’s Content or Customer or Customer’s Content. You should always exercise due diligence and care when deciding whether to communicate or enter into any kind of relationship with other Users, verify the identity of Authors before entering into civil law relations, and, if possible, require confirmation of the Author's relevant rights. The Platform does not offer services that provide or verify the identity of Users (including Authors). All information about the Users and Users’ Content at Personal account are indicated by the Users themselves.
3.11 The Company IS NOT:
- being responsible for actually providing access to the particular Author’s Content and fulfilment of the Service contract;
- authorizing somehow the Author to provide their service to the Customer in some specific way or time frames, sending approval to commence the delivery of the service (delivery of the Content from the Author via the Platform is not authorized by the Company), delivering the service itself or instructing Authors to deliver their services to the Customers;
- third party to deliver Author’s services;
- being responsible for collecting payment from Customer unless the only involvement of the Company is the processing of payment;
- controlling or exerting influence over the pricing of Authors;
- being the one legally required to issue a VAT invoice, receipt or bill to the end user in respect of the Service contract between Author and Customer;
- providing Customer care or support in relation to queries about or problems with the execution of the Service contract;
- exerting control or influence over the presentation and format of the Author’s Content due to the well-known brand and prominent identity of the Company;
- having legal obligations or liabilities in relation to the service provided by Authors to the Customers under the Service contracts concluded by them.
3.12 The Company does not post paid Author`s Content on its own behalf. Company content, such as service news, is free of charge. The Company does not verify the authenticity and Author`s ownership of the Author`s Content, does not guarantee the Author's relevant rights.
3.13 Company does not guarantee:
- the legal capacity of Users to enter into civil relations regarding access to the Author`s Content;
- that the User uses their personal data when entering into a civil contract regarding access to the Author's Content;
- the accuracy, reliability and completeness of such personal data.
3.14 By accepting the terms of these Terms of Service, the User wishes to declare their understanding that any interaction of Users with each other (including Authors) through the Platform is carried by Users independently, and the Company does not participate in such interaction, therefore, is not responsible for actions of Users (both Customers and Authors) in relation to each other.
3.15 Thus, Authors will enter into a direct contract with the Customers and will be responsible for billing and invoicing for rendered services. The role of the Platform, as well as the Company, is only to collect payments from the Customers and transmit it to the Authors under the Service contracts, without interfering in the execution of these contracts.
3.16 Subject to your compliance with these Terms, Company hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable, free of charge or for fee (as defined herein) license to use Platform within its purposes and functionality. The Company provides access to the Content that the Author has deemed appropriate to provide to its Customers after payment by means of the Platform and on the Platform itself.
3.17 Use of Platform is free of charge. As long as you don't sell anything, using the Platform is absolutely free. However, Company reserves the right to charge fees from User for the use of Platform or its certain functions at any time by changing these Terms.
3.18.Due to the nature of the Internet, Company can’t guarantee the continuous and uninterrupted availability and accessibility of the Platform. Company may restrict the availability of the Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure proper or improved functioning of the Platform. Company may improve, enhance and modify the Platform and introduce new services from time to time.
3.19 The Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Company is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Company of such Third-Party Services. The Company has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from the use of them. If User decides to access any of the third-party websites linked to the Platform, User does so entirely at User’s own risk and subject to the terms and conditions of use for such websites.
4. Registration on the Platform, creating and use of a Personal account
4.1 The following functionality of the Platform is available only to Users who have a User Personal Account and have registered on the Platform: to
- interact with Authors through the Platform's functionality and/or conclude contracts with the Authors;
- comment on the Author`s Content;
- create and fill out the Account Profile;
- acquire the Author's status, conclude contracts with the Customers and post the Author's Content on the Platform;
- other functionality of the Platform if such is provided for on the Platform's pages and in the text of these Terms of Service and/or other agreements and contracts entered into by and between the Parties.
4.2 Registration shall mean a set of User's actions taken in accordance with the instructions specified on the Platform, including submission of details and other information by the User directly using a special registration form in the Platform's User interface or other means available for registration on the Platform to gain access to the Platform's functionality available to registered Users.
4.3 To register on the Platform, the User must enter an e-mail address into the registration form on the Platform, to which the User receives an Internet link. When clicking on this link, the User must create a unique password. To create a Personal Account and log in to it, the User must enter the e-mail specified during registration and the password.
- To create an Account, become an Author and publish Content, User is additionally required to provide the following information:
- An Account name;
- A description of the User's profile;
- User's account in at least one social network.
4.4 By creating an Account, you acknowledge that:
(i) if you are an individual user, you will use your Account only for yourself and not on behalf of third parties, unless you have obtained our prior written consent; and
(ii) if you are a corporate User (legal entity), your employees and authorized representatives will use your Account only for your benefit and not on behalf of third parties, unless you have obtained our prior written consent.
You are solely responsible for all activities that occur in your Account.
4.5 To receive Author's Fee and referral payments, you will need to go through an identity verification procedure by providing the Company with certain information about yourself. All information you provide must be complete, accurate and truthful. If this information changes, you must update it promptly.
You authorize the Company to make requests, directly or through third parties, that the Company deems necessary to verify your identity or to protect you and/or the Company from fraud, money laundering, terrorist financing or other financial crimes, and to take any actions that the Company deems necessary based on the results of such requests.
By agreeing to these Terms, at the time of User registeration or at any time in the future after registration, the User agrees that in certain cases it may be necessary to conduct a background check on the User, including verification of the User's identity. In this regard, the User authorizes the Company to conduct such checks against him, both directly and with the involvement of relevant third parties - service providers who will conduct such checks on behalf of the Company, and/or using third party databases and other sources. The Company reserves the right to monitor and review on an ongoing basis any information provided by the User as necessary to comply with any applicable law, regulation, sanctions, embargo, legal process or request of competent authorities.
The User authorizes the Company to conduct the necessary investigations directly or with the involvement of third-party service providers in order to:
(i) protect the Company, its business partners and counterparties from any illegal actions to which the Company and the Platform may be subject;
(ii) in case of suspicion of legalization (laundering) of proceeds from crime, financing of terrorism, fraud, or other illegal activities carried out through the Platform;
(iii) verify the information provided by the User (if necessary, including, but not limited to, age, residential address, payment information) and information about the User in third party databases and other sources;
(iv) as required by applicable law.
The User also agrees that for these purposes, additional information about him (including, but not limited to, information about business, professional experience, competence in relation to work and services that will be performed or previously performed under the Service Contract) may be requested by the Company in any time deemed necessary. The User agrees to cooperate with all reasonable requests of the Company and authorizes the Company to maintain records of this information.
4.6 For the purpose of correct fulfillment of its Tax obligations by all participants of these relations, both the Platform’s Users and the Company, the Company has the right to additionally request and receive from Users during registration and subsequently, and also the Company may seek independently, information about:
(i) The residence of the User, which may be identified by:
- the billing address of the User;
- the IP address of the device used by the User or any method of geolocation;
- bank details such as the location of the bank account used for payment or the billing address of the User held by that bank;
- the Mobile phone Country Code provided by the User;
- the Utility bill;
- other commercially relevant information.
(ii) Valid EU VAT registration number and tax identification number of the User’s jurisdiction;
(iii) whether User carries out economic activities/businesses/ is a Business user, in particular, valid certificates: of incorporation, directors and shareholders, registered address, M&A, Extract from the State Register of the Companies, Certificate of Tax residence etc.;
(iv) For identification purposes; citizen's passport, driver's license, seafarer's identity document, military service card, foreign citizen's passport, or foreign citizen's identity document, in the United States, W-9 and Social Security Number, bank account information, selfie while holding their photo ID.
4.7 Documents specified in the clause 4.6. shall be provided upon request of the Company within a period not exceeding 5 (five) calendar days. The User's failure to submit the requested details and documents shall be equivalent to the provision of incomplete information by the User during the registration process.
4.8 To register on the Platform and create a Personal Account, the User may use their account on one of the social media services in the list provided in the registration form on the Platform. If the User uses a social media account for registration on the Platform, the information for registration and creation of a Personal Account shall be provided by the User to the Company from the relevant social media platform (the administrator of the social media platform).
4.9 The User may have only one Personal Account on the Platform (except for the case when the User has both the Customer's Personal Account and the Author's Personal Account). Registration and creation of a Personal Account may be performed with the use of one email address or one social media account only once. Re-registration and creation of a Personal Account using an email address or social media account previously used for registration shall not be permitted.
4.10 When filling in the appropriate registration fields or registering using a social media account to register on the Platform, the User must provide only reliable and complete information about themselves, and subsequently keep this information updated.
4.11 The fact of registration on the Platform means that the User accepts the public offer of the Company set out in these Terms and enters a legally significant relationship with the Company on the conditions set out in the Terms, regardless of whether the User acts as an individual natural person or an authorized representative of a legal entity.
4.12 When you register with and use the Platform, you make the following commitments to us:
- if you previously had an account on the Platform, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies;
- you will make sure that all information which you submit to us is truthful, accurate and complete;
- you will update promptly any of your information you have submitted to us as and when it changes;
- you are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account;
- you will comply in full with these Terms of Service.
4.13 If the Company has reason to believe that any User provides false and/or incomplete information about themselves, the Company shall be entitled, at its discretion, to suspend or delete the User Personal Account and terminate the using of the Platform by such User (in respect of the Business User under the terms and within the timeframes established by applicable EU legislation). In this case the Company gives the Business user the opportunity to clarify the facts and circumstances in the framework of the internal complaint-handling process referred to in COMPLAINT POLICY.
4.14 If the User information submitted by the User in the documents is not consistent with the information specified during registration, or where the information so specified may not be used to identify the User, the Company shall be entitled to deny the User's access to the Personal Account and the use of functionality available for registered Users.
4.15 The User shall log in to the Personal Account (pass the authorization) using the following Credentials: login – the User's email address and password, specified during the registration process (the password can be changed by the User later through the Personal Account using the tools provided by the Platform. Any User who has registered using a social media account will log in to the Personal Account (pass the authorization) after logging in (if required) to the social media account.
4.16 Any User registered on the Platform shall be solely responsible for the security (effectiveness against guessing) of the chosen means of access to the Personal Account and will ensure their confidentiality. The User shall be solely responsible for all actions (as also their consequences) within or using the functionality of the Platform through their Personal Account or any data used to log in to their Personal Account.
4.17 Any User registered on the Platform shall not transfer any data used to log in to their Personal Account to any third parties under any conditions (including based on contracts or agreements) and shall maintain the confidentiality of such data. While Company uses reasonable security precautions, you are solely responsible for maintaining confidentiality of Personal account and password, for restricting access to your computer and for all activities that occur under your account or password. Please make sure you provide to Company on registration and at all other times information which will be true, accurate, current, complete and kept up to date to the best of your ability.
4.18 The combination of Credentials is the means of the User’s simple electronic signature. All actions within or using the functionality of the Platform performed using the User's Credentials and the User's Personal Account shall be considered to be performed within the Platform by the User themselves using a simple electronic signature of the User.
4.19 The User must immediately notify the Company of any case of unauthorized access (access not authorized by the User) to the Platform using the Personal Account, as well as of any breach (suspected breach) of confidentiality of their Credentials (or data used to log in to the social media account). If you have reason to believe that your Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you must immediately notify Company at email@example.com.
4.20 For the purposes of the basic security requirements when using the Platform, the Company recommends that the User always shut down (log out of) the User's Personal Account after use of the Platform.
4.21 The Company shall be entitled to suspend or delete the User's Personal Account, and to prohibit the User from accessing the Platform using any other Personal Account, in case the User violates the provisions of this Agreement or other terms, contracts/agreements entered into with the User.
4.22 The Company must maintain the confidentiality of the User's Credentials known to the Company.
4.23 When registering on the platform, Users agree that their personal data may be used in advertising campaigns and on the Site.
4.24 If the User believes that he will no longer use the Platform, we may delete their account. Please note that deleted account and content can’t be recovered. You should download a copy of your content from Platform before deleting your account. To delete your account, contact us: firstname.lastname@example.org.
5. General rights and obligations of all Users and the Company
5.1 Any User has a right to use the Platform only if User is of legal age to do so (including, for registration on the Platform and conclusion of transactions with other Users of the Platform), under laws of the country of residence and has all necessary consents in full compliance with applicable laws, including for purposes of data protection laws (for example, consent of parents, guardians, trustees, or other legal representatives). The representative of the legal entity shall be authorized to use the Platform on behalf of the legal entity by constituent documents or the power of attorney.
If this is not the case, registration on the Platform and use of the Platform is prohibited. If you are not permitted to use the Platform by the laws of your country, you shall not use the Platform. In this case, you shall bear individual liability for use of the Platform in your country in violation of applicable laws.
5.2 Before using the Platform, any User must read carefully these Terms of Service. By accessing and viewing pages of the Website, downloading any materials, posted on the Website, registering on the Platform, or using the Website and the Platform in any other way, you confirm that you:
(i) are a person who meets the criteria specified in clause 5.1. above;
(ii) have read these Terms of Service, understood all the terms and conditions set out in these Terms of Service without exception, accepted the Terms of Service and given your unconditional consent to the Terms of Service governing your access to and use of the Platform, as well as the interaction between you and other Users on the basis of separately concluded agreements between you and other Users within the Platform.
5.3. Any User must immediately stop using the Platform in any way or by any means if the User:
- has not read or do not fully understand the terms and conditions set out in these Terms of Service; or
- considers the legal regulation of the relations between themselves and Company to be unacceptable; or
- has not reached the appropriate age and/or have not obtained the approvals/permissions to use the Platform as required in accordance with the applicable laws;
- does not understand the result or consequences that User’s actions upon his acceptance of these Terms of Service may have;
- does not agree with the Terms of Service (or any of the terms and conditions set out in the Terms of Service);
- is not an authorized representative of the legal entity on behalf of which uses the Platform.
5.4 To access and use the relevant functionality of the Platform, the User must register a Personal account. For registering a Personal account, you must provide certain information, such as an account name and password, and other information. After successful registration the person becomes a registered User.
5.5 When using the Platform, the User must fully comply with this Terms, as well as provisions of applicable laws, statutes of the law of any other country in which the User accesses the Platform/Personal Account, and also respect any rights and legitimate interests of other Users and any third parties.
5.6 The User must, when interacting through the Platform with the Company and with other Users, proceed from and be guided by the principles of good faith, reasonableness, and decency.
5.7 When using the Platform, the User shall not:
- make any attempts to gain unauthorized access to any part or any functionality of the Platform or to any network connected to the Platform;
- use any algorithms, methods, techniques, processes, devices to obtain unauthorized access to third-party information via Platform; to obtain access, acquire, copy or track any part of the Platform, to reproduce or obtain access in circumvention of the navigation or display system used within the Platform; to obtain or attempt to obtain any materials, documents or information using any means not specifically provided through the Platform;
- represent themselves as another person or representative of the organization when interacting with the Company and/or with other Users or third parties;
- post any information on behalf of a third party within the Platform without having the appropriate permission/consent;
- post or discuss in any form any advertising materials, including links to websites or referral links, without prior approval from the Company;
- post any materials or information in violation of third-party rights, including, but not limited to, in the field of intellectual property, copyright, and/or related rights;
- post information or materials that may mislead other persons, including, but not limited to, regarding the identity of the User’s Content data;
- insult, defame, humiliate, or threaten, or damage the business reputation of other Users or third parties, or infringe their rights in any other way;
- post, publish, or distribute any illegal, obscene, harmful information, information that provokes or promotes inter-ethnic or ethnic conflicts, wars, clashes, riots, public unrest, etc.; distribute information that incites racial or inter-ethnic hatred and animosity, disseminate information about military activities and the movement of military units and equipment, etc.
- promote criminal or illegal activities using the Platform, incl.
- financing of terrorism, extremism, or other similar activities;
- financing of prostitution, escort services;
- provision of sexual services (including with access to a webcam);
- post instructions for committing criminal or illegal actions, or instructions for committing suicide, post information that may harm the health or development of minors in the public domain;
- illegally collect, distribute or process the personal data of other Users and third parties;
- distribute any software viruses, Trojans, corrupted files, or any other elements of destructive or misleading nature;
- post restricted access information (state or commercial secrets, privacy information of third parties);
- use the Platform in any other illegal activities or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
- copy/reproduce the Author`s Content posted on the Platform without Author permission for the purpose of illegal borrowing, licensing (sublicensing), sale (resale), or other illegal distribution;
- post information aimed at infringing on rights of any minorities;
- post any personal information of other Users or third parties without their personal consent;
- collect, extract, record, systematize, use, transmit, distribute, copy, reproduce and perform any other actions with respect to information posted by Users on User Account Profiles (including with the use of automatic information gathering or other data processing tools) for purposes other than those provided for by these Terms of Service;
- post images and videos containing scenes of animal cruelty or violence against animals;
- create multiple Personal Accounts within the Platform (except for the case when the User has both the Customer's Personal Account and the Author's Personal Account);
- harvest or collect the email addresses or other contact information of other users from the Platform for the purpose of sending spam or other commercial messages;
- make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Platform, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the above actions related to promotional giveaways (such as raffles and contests), and other similar activities;
- decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of the Platform;
- use any automated program, tool or process (such as web crawlers, robots, bots, spiders, and automated scripts) to access the Platform or any server, network or system associated with the Platform, or to extract, scrape, collect, harvest or gather Content or information from the Platform.
5.8 The restrictions and prohibitions referred to in clause 5.7. above will apply to any User Content, as well as to any materials uploaded to the Platform (posted on the Platform) by any Users.
5.9 Within the Platform, Users who have a Personal Account shall be able to leave comments on any Author`s Content posted by the Authors. When posting comments (in addition to what is provided for in clause 5.7. above), it is not permitted to:
post comments that are not related to the particular Item of the Author's Content, where the comment is left;
post any messages that do not have any meaning;
post messages aimed at discussing any actions of the Company related to the moderation of comments (if moderation is provided);
use any profane, obscene, abusive, insulting, threatening, discriminating (on any basis) words and expressions in the comments.
5.10 The Platform will also enable the registered Users to send messages to other registered Users to discuss the Author's Content. Users shall not use this functionality for any other purpose. When using this functionality, Users must fully comply with all the provisions of the Terms of Service and the applicable laws. Any correspondence carried out within the Platform cannot be treated as personal correspondence, and if the User sends a personal message to another User not intending for it to be published on the Platform, the Company shall keep the content of the relevant messages confidential in accordance with applicable law.
5.11 If the Company has reason to believe that the User has violated any of the provisions of this section 5 of the Terms of Service (or any other restrictions and prohibitions provided for by the Terms of Service), the Company shall be entitled, at its discretion, to suspend or delete the User Personal Account, and terminate the using of the Platform by such User (with prior notification of the Business user within the time limits established by the relevant law). In this case the Company gives the Business user the opportunity to clarify the facts and circumstances in the framework of the internal complaint-handling process referred to in COMPLAINTS POLICY.
5.12 The Company may, but we are not obligated to, moderate or review any of Content to verify compliance with the Terms of Service and/or any applicable law.
5.13 The Company may at any time delete any materials posted by the User (including the Author's Content (any Item of the Author's Content), an image, or a comment) or to suspend access to any Content User posts on the Platform which Company becomes aware may not comply with the Terms of Service and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such Content, without needing to obtain any consent from User and without giving User prior notice. In this case the Company gives the Business user the opportunity to clarify the facts and circumstances in the framework of the internal complaint-handling process referred to in COMPLAINTS POLICY. The User shall at its own cost promptly provide to Company all reasonable assistance (including by providing us with copies of any information which was requested) in investigation. The Company will not be responsible for any loss suffered by User arising from the suspension of access to Content or any other steps which Company takes in good faith to investigate any suspected non-compliance or illegality of Content under this section.
5.14 If we suspend access to or delete any of Content, the Company will notify User via email or electronic message to Personal account.
5.16 The Company can investigate any suspected or alleged misuse, abuse, or unlawful use of the Platform and cooperate with law enforcement agencies in such investigation.
5.17 The Company can disclose any information or records in our possession or control about your use of the Platform to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, to protect our rights or legal interests, or in response to legal process.
5.18 Other than Content (which is owned by or licensed to Authors), all rights in and to the Platform and its entire contents, features, databases, source code and functionality, are owned by the Company and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws.
5.19 The Company is the sole and exclusive owner of any and all anonymized data relating to your use of the Platform and such anonymized data can be used by the Company for any purpose, including for commercial, developmental and research purposes.
5.20 The Authors can post two types of Content on the Platform:
(1) accessed without Author's Fee (free Content); and
(2) accessed with Author's Fee (paid Content).
The Authors shall at their discretion determine which Content is paid and which is free, and they can also change the mode of access to their Content at their discretion, by making free Content paid and vice versa.
5.21 The Author's offer to sell access to the paid Content under the terms and conditions reflected on the Author's Profile is recognized as a public offer to the Users. The Customer is entitled to accept the Author's offer to provide access to the paid Content by performing conclusive actions, and namely - by paying for access to the paid Content under the terms of the Author's offer. Each Author may provide a part of its Author’s Content for Author’s Fee which is to be determined by the Author on the Platform in accordance to the chapter FINANCE in the INSTRUCTIONS section on the menu of initial page of the Website. Each Author may provide different parts of their Author’s Content to the Customers for a different Author’s Fee.
5.22 Each Author may determine Author’s Fee as single payment per a certain part of Author’s Content and/or as recurring payments in order to maintain access to the certain Author’s Content published or to be published on the Author’s Profile as long as such payments are made (Subscription Payment). For the purposes of calculating and paying for the Subscription, the Platform calculates any week/month/year of the subscription in the Platform's interface as a period of 7/30/365 days inclusive. By initiating the Subscription, the User agrees that subsequent payments under the Subscription will be automatically transferred from the Customer's account according to payment details on the last day of the paid subscription, if the Customer does not cancel their Subscription before the payment date.
5.23 Access to the Author's Content paid for by the Customer shall be provided at the time of successful payment by the Customer. In this connection, the Author's service to provide access to the Author's Content shall be deemed fulfilled at the time of payment of the Author's Fee and providing the access to the Author's Content. Access to the Content shall be provided until the expiration of the paid subscription period or deletion of the Content by the Author. The Customer understands and agrees that the Author's service of providing access to the Author's Content will be deemed properly rendered by the Author, including cases when the Author later removes the Author's Content. The Company and the Author do not guarantee the ability to access the Content for an unlimited period.
5.24 Access to the Author’s Content is granted to the Customer for the duration of the Author’s Content being posted on the Platform, but in any case, until deletion of the Personal Account by the User or the Company under the terms of these Terms of Service.
5.25 By entering a Service contract, the Customer agrees to pay the Author’s Fee applicable to the relevant Author’s Content in accordance with the pricing published in the Author's account plus any VAT which is applicable. The Company is authorized to act as a payment agent and to collect, hold, and process the Customer Payment and any applicable VAT, to deduct the Company’s Fee, and to pay out the sums due to Author and (if applicable) Referring Users, as described in the Terms of Service.
5.26 The Customer participating in the Customer/Author Transaction acknowledges and agrees that the license of the relevant Content provided under Service agreement does not result in the Customer acquiring any rights in or to the Relevant Content, which rights shall be retained by the Author of the relevant Content.
5.27 The Author warrants (makes a legally enforceable promise) that it possesses all necessary rights in and to the relevant Content sufficient to license it to the Customer in the territory in which the Customer will be accessing the relevant Content, and has obtained any and all permissions and consents needed to grant such license.
5.28 Each Author may provide Customers with opportunity to make donations to such Author in accordance to the chapter FINANCE in the INSTRUCTIONS section on the menu of initial page of the Website which constitutes an integral part of these Terms of Service.
5.29 Users shall independently fulfill their obligations regarding the Author’s Content including one provided for Author’s Fee, single payments, Subscription Payments and/or donations.
5.30 The User has the right to delete the User’s account. For the Customer the deletion of Personal account will take place within a reasonable time following the request. For the Author once you initiate the “delete account” process your account will remain open until the last day of your Customers' paid Subscription period, following which you will receive your final payment and your account will be deleted. If you are both the Customer and the Author, then your account will be deleted in two stages (Customer’s first and then Author’s).
5.32 User cannot transfer the rights or obligations under this Agreement with the Company without Company’s prior written consent.
5.33 Company’s rights and obligations under this Agreement can be assigned or transferred by Company to others. For example, if changes in Company’s ownership occur (as in a merger, acquisition, or sale of assets) or by law. In addition, the Company may choose to delegate the performance of any obligations under this Agreement to any third party, but the Company will remain responsible to User for the performance of such obligations.
6. Terms and conditions of the Agency agreement between the Author and the Company
6.1 The Author collecting Author’s Fees and/or donations from the Customers via the Platform hereby appoints the Company as the Author’s commercial bill collection agent with the instruction and authorization to act as an intermediary for the purpose of collecting Author’s Fees and/or donations from Customers and remit them to Author in accordance with these Terms of Service.
6.2 From the moment the User is registered as an Author, an Agency agreement is concluded between the Author and the Company on the terms and conditions, set out in this paragraph of the Terms, and is valid for an indefinite period.
6.3 The Company as an agent of the Author performs only actual actions to collect payments in favor of the Author and provides technical support to provide Customers with access to the Author's Content after payment and is not responsible for the Author's Content, order and terms of its provision, and also is not responsible for any actions/omissions of the Author in relation to the Customer or third parties.
6.4 For Company to act as the Author's agent, the Author shall pay to the Company the Company's Fee in the form of a percentage of any amount received by the Company from the Customer via the Platform. The current percentage of the Company’s fee is set by the Company itself and displayed in the Author's Personal Account. The Company's fee can be viewed here.
The Company has the right to change the amount of the Company’s Fee at any time. The changes take effect from the moment of posting information about the new amount of the Company’s Fee in the Author's Personal account.
6.5 The Author and the Company have the right to agree on individual rates for the Agency Fee.
6.6 The Company undertakes to transfer to the Author the funds received from the Customer no later than 15 (fifteen) working days from the date of receipt of the relevant request from the Author sent through the Personal Account, with deduction of the Company’s fee and obligatory taxes, if applicable. Payment of the Author's Fee is suspended for the period of consideration of the Customer's request for a refund of payment and (or) the claim of the copyright holder in relation to the Author's Content posted on the Platform, as well as for the duration of the proceedings opened by the bank or payment system. The term for payment of the Author's remuneration may be extended if the Author chooses a method of payment of remuneration, which provides for the conversion of the payment amount into an alternative currency.
6.7 The Company transfers the funds received from the Customer in the manner chosen by the Author, according to the details posted by the Author in the Personal Account. The Author is fully responsible for the correctness and relevance of the specified details, including in case of changes in the details in the interface of the Author's Personal account. If the Author specifies details of other individuals or legal entities for the purpose of transferring the Author's Fee, the Parties recognize that the Author has instructed the Company to transfer the Author's Fee to such third parties and the Company's obligations to pay the Author's Fee will be considered fulfilled from the moment of transferring the Author's Fee to such third parties.
6.8 If the Author in the interface of the Platform has chosen to get the Author's Fee in a currency other than the Consumer's payment currency, the payment of the Author's Fee shall be made with conversion at the internal rate used by the Company taking into account the commissions of financial (banking, credit) and other organizations engaged by the Company to pay the Author's Fee, including in connection with currency exchange.
6.9 The Company has the right to suspend the transfer of funds collected from Customers for transfer to the Author (as well as cancel such collection and return the funds) if, in the opinion of the Company, the funds were received for illegal, unlawful, fraudulent purposes. Suspension of the transfer of funds can be carried out for no more than 90 (ninety) days. Author agrees that in such cases the Company is not responsible to the Author and the Company can’t be charged any damages. If it was established that funds were received for illegal, unlawful, fraudulent purposes, the Company has the right to return them to the Customer back and refuse to perform any operations with the received payments until the risks of using funds for illegal, unlawful, fraudulent purposes are eliminated. The Company also has the right, at its own discretion, to include withheld funds into its income to cover losses caused by illegal actions of the Author.
6.10 The Author understands and acknowledges that the Company, being the Author's agent, transfers to the Author only those funds (minus the Company's Fee and VAT if applicable) that actually arrived at the Company's account as payment for this Author Fee.
6.11 The Author understands and acknowledges that the Company does not act as an agent for the payment of taxes, insurance and other fees, the Author undertakes to independently pay such taxes and fees in accordance with the requirements of the current legislation of the country of residence of the Author and provisions of the paragraph 7 of the present Terms.
6.12 The Author agrees that the Company shall under no circumstances be liable to the Author for any losses of the Author related to the performance of the Company's function as an agent under this Agency agreement.
6.13 The Company has the right to engage third parties, including sub-agents, for the purposes of fulfillment of obligations under this Agency agreement without Author approval.
6.14 In the Personal Account, the User can view reports on their transactions. If a Business User requires a report for tax purposes, they send a request to the Company through their Personal Account.
6.15 Return of Customer’s payments in case of violation of the terms of the Service contract by the Author shall be made by the Author himself/herself. The procedure for refund of Customer’s payments is published at the following page of the Website: https://faq.lava.top/article/10596 and constitutes an integral part of these Terms of Service.
6.16 The payment of the Author's Fee shall be made through the Platform, by any method available on the Platform, and the Company in any case does not have any obligations, except for the transfer of the Author's Fee.
6.17 In case the bank or other financial organization recognizes a payment made by the Customer in favor of the Author through the Company as illegal or unreasonable within the framework of “charge-back” (a procedure that allows to dispute the transfer of funds), and returns the corresponding payment to the Customer at the expense of the Company, the Company has the right to demand from the Author compensation for losses caused by such an event, including by withholding the relevant amount and fines paid by the Company, from the Author's Fee.
6.18 The Company or the Author may at any time terminate this Agency Agreement by notice in writing.
6.19 In no event will the Company be liable to the Author for any direct, indirect or consequential damages arising from or relating to this Agreement.
6.20 In no event shall the Company be liable to any third parties (meaning: anyone not party to this Agency Agreement) for any direct, indirect or consequential damages caused by or arising out of any acts or omissions of the Author.
6.21 In the event of any conflict or inconsistency between the terms of this Agency Agreement and other terms contained in the Terms of Service or the Payment Terms, the terms of this Agency Agreement shall prevail.
7. Tax obligations of the parties to the Agreement (the Company, Customers, and Authors)
7.1 The Company strongly recommends that all Users seek professional advice to ensure they are compliant with the local Tax and VAT rules, based on their individual circumstances.
7.2 The cost of the services of the Authors and the Company (except Referring Users) is indicated without VAT, which is added to the price of the service and be charged at the current rate as applicable according to the provisions of this Paragraph 7 of the Terms.
7.3 THE AUTHOR OR THE CUSTOMER IS SOLELY RESPONSIBLE FOR TAXATION OF ALL TRANSACTIONS BETWEEN AUTHOUR AND CUSTOMER UNDER THE SERVICE CONTRACTS EVEN THOUGH THEY WERE MADE VIA AN INTERMEDIARY - THE COMPANY. FOR VAT PURPOSE THE SUPPLIER (THE PROVIDER) OF THE SERVICE TO THE CUSTOMER IS EXCLUSEVELY THE AUTHOR AND NON THE COMPANY IN ANY CASE.
7.4 Only the Authors themselves may authorize charging Customers in respect of providing access to the Author’s Content, authorize providing access to the Customer, and set the terms and conditions of the Service contracts with the Customer.
The Company is only a payment and technical service provider who only provides a payment processing service and isn’t taking part in providing service by Author to the Customer.
1) does not set, either directly or indirectly, any of the terms and conditions under which the service is provided by Author to Customer, and
2) is not, either directly or indirectly, involved in authorizing charging from the Customer in respect of the payment made, and
3) is not, either directly or indirectly, involved in the ordering or providing Author’s service.
Thus, USERS (NOT THE COMPANY) ARE RESPONSIBLE FOR THE VAT IN RELATION TO PROVIDING SERVICE TO THE CUSTOMER.
7.5 If the Customer (natural and legal person) is located outside the European Union (“EU”) the transaction will be treated as outside the scope of EU VAT and no EU VAT will be due on this transaction. Taxation of these transactions is carried out in accordance with the applicable tax laws of the Customer's country, and Users (both Author and Customer) are solely responsible for the assessment, accounting, and payment of the relevant taxes, without any participation of the Company.
7.6. If the Customer (natural and legal person) is located inside the European Union:
7.6.1 It’s sole responsibility of the User (either the Author or the Customer depending on their tax status and the amount of funds received by the Author for the previous year within the EU) to account for the EU VAT and pay it according to the current EU VAT legislation and regulations applied to these Transactions.
7.6.2 The Author has to provide the Customer and the Company with an invoice that clearly states:
- name of the Author with VAT identification number of the Author (if applicable) as the actual provider of the service;
- scope the service;
- cost of service;
- the amount of VAT according to the VAT reverse charge in the country of destination (country of the Customer) or the VAT of the country of the Author (country of supplier).
7.7 To fulfill their obligations connected with the issue of Author’s invoices and Customer’s bill or receipt (cl. 7.7.4. of this Terms). Users can use the Platform VAT invoice/bill generator tool which can be found in the Personal account.
7.8 Author agrees to keep copies of all VAT invoices and VAT returns in connection with Author’s earnings on the Platform and will provide the Company with copies of such documents within 14 days of written request to do so. For the avoidance of doubt, it is User’s obligation to comply with all provisions of VAT legislation and make, give, obtain, maintain and keep accurate, complete and up-to-date records, invoices, accounts and other documents required for the purposes of the VAT legislation.
7.9 If you are an Author in the EU who is not required to register for VAT in your Member State, then you should monitor the level of taxable sales that you make in your Member State (including any Referral Payments) to ensure you have not exceeded the VAT registration threshold in your Member State. It is your responsibility, as a taxable person, to monitor whether you have exceeded the VAT registration threshold.
8.1. Content of the Company
8.1.1 User acknowledges and agrees that the Platform and any content that Company posts itself on the Platform or through the Platform including any trademarks, logos and any service names and all associated intellectual property rights, are the exclusive property of Company and/or its licensors or suppliers. Content of the Company may not be copied, imitated or used, in whole or in part, without the prior written permission of Company. Any authorized use of this Content must be in accordance with any guidelines that Company may provide User from time to time.
8.1.2 User may not use any metatags or any other hidden text utilizing “LAVA”, “lava.top Platform” or any other name, trademark or product or service name of the Company without Company’s prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Company.
8.2. Content of the User
8.2.1 By uploading/ publishing / making available Content on Platform and/or using Platform in connection with Content, the User represent and warrant that:
User is the creator and owner of the certain Content or otherwise have sufficient rights and authority to grant the rights specified herein;
(ii)Content at any time comply with these Terms; and
(iii)Content does not and will not:
- violate any applicable law, rule or regulation or infringe on any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- slander, defame, or libel any other person;
- contain any viruses, adware, spyware, worms, or other harmful or malicious code;
- unless User has received prior written authorization, specifically contain any prerelease or non-public beta software or game content or any confidential information of Company or third parties.
Company reserves all rights and remedies against any Authors who breach these representations and warranties.
8.2.2 The User shall never upload, post, display, or publish Content on the Platform (“Prohibited Content”), that:
- shows, includes, or refers to:
- any individual under 18 years old (or which refers to individuals under 18 years old generally); or
- any other individual unless you have written documentation which confirms that all individuals shown or included or referred to in your Content are at least 18 years old, and you have a written consent from each individual to use their name or images (or both) in the Content;
- shows, promotes, advertises or refers to:
- firearms, weapons, explosives and materials or any goods whose sale, possession or use is subject to prohibitions or restrictions;
- nitrous oxide;
- drugs or drug paraphernalia and psychotropic substances, as well as their precursors;
- prescription medicines;
- fly agaric and mushroom microdosing;
- abortion medical services;
- online medical consultations with diagnosis;
- self-harm or suicide;
- violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, extreme fisting, or genital mutilation;
- urine, scatological, or excrement-related material;
- “revenge porn” (being any sexually explicit material featuring any individual who has not given prior, express and fully informed consent to that material (a) being taken, captured, or otherwise memorialized, or (b) being posted and shared on the Platform);
- escort services, sex trafficking, or prostitution;
- online sexual services;
- pictures of real people involved in sexual activities, exposed genitals and other intimate parts of the body and images of sexual intercourse and direct stimulation of the genitals;
- realistic sex products and objects of the pornographic industry;
- casino, slot machine hall, gambling, including betting or winning in the form of non-monetary property, such as merchandise in online gambling;
- earnings that offer a specific income for a specific period of time, offer guarantees, refer to success stories, or claim to be safe and risk-free;
- financial pyramids or calls to participate in them;
- advertising, political and campaign materials, unsolicited commercial letters (spam);
- on automatic promotion, online value assessment and account selling;
- boost likes, views, spam and information dump;
- religion, magic and energy medicine;
- extrasensory, mysticism and theosophy;
- materials that have been recognized as extremist.
(i) contains unsolicited sexual content or unsolicited language that sexually objectifies another User or anyone else in a non-consensual way, or contains fake or manipulated sexual content in relation to another User or anyone else (including “deepfakes”);
(ii) contains, promotes, advertises or refers to hate speech (being Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic);
(iii) contains or refers to anyone else's personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for the Platform including passwords and security questions, financial information including bank account and credit card details, biometric data, and medical records) without that person's express written consent;
(iv) gives the impression that it comes from or is approved, licensed or endorsed by any other person or Company;
(v) is used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content; and/or
(vi) involves or promotes third-party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job posting or employment ads without Company’s prior express consent.
8.2.3 Author can post Adult Content containing nudity or posts on mature themes on the Platform as long as Author and Author’s Content comply with these terms, and Content is marked “For adults 18+” for each element of the Content in order to hide it from minors. Both nudity and implied nudity as the gimmicky censorship of breasts and genitals, sheer/see-through clothing, and overly sexual poses shall always be marked as Adult Content.
Author cannot post Adult Content in public areas of Personal Account including profile picture, ‘about me’ section. Any Author featuring Adult Content on their Profile cannot offer any Content that is limited to a single User, such as a custom video or audio file specifically created for one User. It is also prohibited to create a Profile with Adult Content for one User. Users can actively participate in Author’s creative process only for as long as the benefits of your Profile (i.e. its Content) are delivered to a larger group of Users.
8.2.4 Company takes no responsibility and assumes no liability for any Content posted, stored or uploaded by User or any third party, or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Platform shall be at your own risk.
The authorized User is solely responsible for the Content to comply with any and all legal acts.
8.2.5 Enforcement of the Content or conduct rules set forth in these Terms of Service is solely at Company's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Platform will not contain any content that is prohibited by such rules.
8.2.6 Company is not liable for any statements, representations or Content provided by our Users in any public forum, personal home page or other interactive area. Company does not endorse any Content or any opinion, recommendation or advice expressed therein, and Company expressly disclaims any and all liability in connection with Content.
8.2.7 Although Company has no obligation to screen, edit or monitor any of the Content posted in any interactive area, Company reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the Platform at any time and for any reason without notice, and User is solely responsible for creating backup copies of and replacing any Content User posts or stores on the Platform at User’s sole cost and expense.
8.2.8 Any use of the interactive areas or other portions of the Platform in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of User’s rights to use the interactive areas and/or the Platform. At all times Company reserves the right to delete or block any Content in case of any breach or alleged breach of these Terms of Service, as well as in case of repeated violations - to block the Personal account.
8.3 Co-authored Content:
8.3.1 If Author upload Content to Author account which shows anyone else other than or in addition to Author (even if that person cannot be identified from the Content) (“Co-Authored Content”), Author warrants (which means a legally enforceable promise to Company) that each individual shown in any Co-Authored Content uploaded to Author’s Personal account is:
- an Author on the Platform; or
- a consenting adult, and that Author has verified the identity and age of each such individual and will provide supporting documents as Company may request in its discretion.
8.3.2 Author further warrants that Author has obtained and keeps record of written consent from each individual shown in Co-Authored Content that such individual:
- has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and
- has consented to the Co-Authored Content in which he or she appears being posted on the Platform.
8.3.3 Author must tag the Personal account(s) of any person or people appearing in the Co-Authored Content who can be identified from it, if these persons are registered on the Platform.
8.3.4 If any Co-Authored Content is a work of joint authorship, Author is solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on the Platform.
8.3.5 Author agrees that Company will only arrange for Author’s fee to be paid to the account of the Author to which the Co-Authored Content is uploaded. The Author who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the individuals shown in such. Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between Author and such individual(s), and Company is not responsible for providing or enforcing any such agreements. User understands and agrees that User is not entitled to any Author’s Fee earned on any Co-Authored Content in which User appear but which is posted on another Author’s account.
8.3.7 If Author posts Co-Authored Content on Personal account, Company may require Author to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. In the case of Author`s failure to provide any information upon Company`s request, Company may delete the Co-Authored Content, restrict User’s rights and permissions to post as an Author, terminate User’s account, and/or withhold all or any portion of Author’s Fee earned but not yet paid to Author.
8.3.8 User agrees to hold the Company harmless and not to make any claims against Company arising from Co-Authored Content. User agrees that all claims arising from Co-Authored Content shall be made against the Author(s) who posted Co-Authored Content or the individual(s) who appeared in the Co-Authored Content (as applicable).
9.1 Any promotions administered or conducted using the Platform (hereinafter “Promotions”) are subject to prior separate agreements between Company and User and following rules:
(i) User may carry out Promotions to the extent permitted by applicable local law and User is solely responsible for ensuring that User and any Promotions comply with any and all applicable local law obligations and restrictions as well as with any Platform documents;
(ii) User at his/her own expense, will be solely responsible for all aspects of Promotion, including, without limitation, the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including, without limitation, filing any and all necessary registrations and bonds. Company has the right to remove User’s Promotion from the Platform for any reason.
(iii) The Company is not responsible for and does not endorse or support any such Promotions. User may not indicate that Company is a sponsor or co-sponsor of the Promotion.
(iv) All Users should display the following when there is a Promotion is on their Profiles:
“This is a promotion from [Profile name]. Advertisement ID (token) is [___] (if applicable). lava.top Platform does not sponsor or endorse these promotions and is not responsible for them”.
(v) Promotions, which User posts on Personal account, shall not:
- prejudice respect for human dignity;
- include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
- encourage behavior prejudicial to health or safety;
- encourage behavior grossly prejudicial to the protection of the environment;
- cause physical, mental or moral detriment to any person;
- directly urge persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
- directly encourage persons to persuade others to purchase or rent goods or services;
- exploit the trust of persons in others; or
- unreasonably show persons in dangerous situations;
- advertise cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illegal drugs, or any prescription-only medicine;
- advertise, promote, or facilitate illegal gambling, and
- advertise alcoholic drinks and encourage immoderate consumption of alcohol.
9.2 Users are solely responsible for compliance with the legislation on advertising of their country of residence, proper labeling of advertising and reporting on it. In case the Company is held liable for violations committed by the User when placing advertisements, the Company has the right to recover damages from the User in full, including by withholding them from the Author’s fee, donations to be transferred to the Author.
9.3 When registering on the Platform, Users agree that their personal data may be used by the Company or third parties for Promotion and advertising companies.
9.4 Company may choose to promote User via our Instagram and other social media accounts.
9.5 Ranking on the Platform: Company randomly suggests a potential Author for a Customer to follow based on the Authors that have earned money on the Platform in the previous 30 days.
10. Intellectual property rights – ownership and licenses
10.1 User confirms that they own all intellectual property rights (examples of which are copyright and trademarks) in User’s Content or that User has obtained all necessary rights to his/her Content which are required to grant licenses in respect of User’s Content to Company and to other Users. This includes any rights required to engage in the acts covered by sub-section 10.2 below in any territory in which the Platform is accessible and, in particular, in the United States of America, the United Kingdom, the European Union, and Russia.
10.2 If User distributes or makes available any Content through the Platform, User hereby grant to Company a worldwide, non-exclusive, royalty-free, perpetual, transferable and fully sublicensable right to use, host, convert for streaming, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit User’s Content, in any form, format, media or media channels now known or later developed or discovered. User grants Company and our sublicensees the right to use the name that User submits in connection with that Content, if Company or they so choose. This clause shall survive the termination of the Terms for any reason except for the cases when it is prohibited by applicable law.
10.3 This license will allow the Company, for example, to add stickers, text, and watermarks to User’s Content, to make User’s Content available to other Users, as well as to use User’s Content for other normal operations of the Platform. The Company will never sell User’s Content to other platforms, though Company may sell or transfer any license you grant to us in the Terms of Service in the event of a sale of our Company or its assets to a third party.
10.4 Whilst the Company do not own User’s Content, User grants the Company the limited right to submit notifications of infringement (including of copyright or trademark) on User’s behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of User’s Content without User’s permission. Although Company is not under any obligation to do so, the Company may at any time submit or withdraw any such notification to any third-party website or service where the Company considers it appropriate to do so. However, the Company does not and is under no obligation to monitor infringements of User’s Content.
10.5 User waives any moral rights which User may have under any applicable law to object to derogatory treatment of any Content posted by User on the Platform. This waiver does not affect in any way User’s ownership of any intellectual property rights in User’s Content or the rights which User has to prevent Content from being copied without User’s permission. The waiver is intended to allow Company when dealing with User’s Content (as permitted by the license which you give us in section 10.2 above) to add watermarks, stickers or text to User’s Content.
10.6 Any User (or a third party) who believes that any part of the Platform (materials available on the Platform, including Author`s Content) violates the rights of the User (or another person in whose interests the User acts) to the result of intellectual activity should send, according to COMPLAINT POLICY, a notice of infringement of copyright and/or related rights using contact information published at the Website.
10.7 No implied licenses or other rights are granted to User in relation to any part of the Platform, save as expressly set out in the Terms of Service.
11. Liability of the parties of the Agreement
11.1. Liability of the Company:
11.1.1 Company, our subsidiary companies, employees, owners, representatives, and agents will not be liable for:
- any Content posted, stored or uploaded by User or any third party;
- any acts or omissions of any User or other third party;
- any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity User may encounter;
- any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, goodwill or reputation, or loss of anticipated savings suffered by User arising from or in connection with use of the Platform;
- loss of data or information, including any Content;
- indirect or consequential loss or damage;
- any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with User’s inability to use the Platform or any of its services, features or programs; or use of or reliance on any content stored on the Platform;
- any loss or damage caused by a distributed denial-of-service attack, virus, malware, ransomware, or other technologically harmful material that may infect User’s computer equipment, computer programs, data, or other proprietary material due to use of the Platform or any of its services, features or programs, or due to User downloading of any material posted on it, or on any website linked to it;
- if Content is copied, distributed, reposted elsewhere or its copyright is infringed by another User or any third party;
- any disclosure of User’s identity, or any disclosure or publication of User’s personal information by other Users or third parties without User’s consent (also known as “doxing”);
- any failure or delay by the Company in complying with any part of the Terms of Service arising from events outside Company’s reasonable control, including acts of God, communications failure, theft, destruction or unauthorized access to Company’s records, programs and services. If there is any failure or delay by Company in complying with any part of the Terms of Service arising from an event outside Company’s reasonable control then the Company will contact User as soon as possible to let User know and Company will take steps to minimize the effect of the delay.
11.1.2 Company isn’t liable for any losses of the User related to the use/non-use of the Platform, regardless of whether the Company could have foreseen the possibility of such losses or not.
11.1.3 Company does not represent or warrant that information, Content or materials on the Platform, including set forth in Paragraph 7 of these Terms, are accurate, complete, reliably, current, or error-free. No advice or information, whether oral or written, obtained by User from Company or though the Platform will create any warranty not expressly stated herein.
11.1.4 Company is under no obligation to monitor Content or to detect breaches of the Terms of Service.
11.1.5 Company makes no promises or guarantees of any kind that Author or Referring Users will make a particular sum of money (or any money) from their use of the Platform (including the Referral Program).
11.1.6 Company does not promise that the Platform is compatible with all devices and operating systems. User is responsible for configuring your information technology, device, and computer programs to access the Platform. User should use own virus protection software.
11.1.7 Company is not responsible for the availability of the Internet, or any errors in User’s connections, device or other equipment, or software that may occur in relation to the use of the Platform.
11.1.8 Company’s total liability to User for any and all claims arising out of or related to this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to 100% of the total Company’s fees paid by Author to Company in connection with use of the Platform, but no more than 100 Euro.
11.1.9 The Platform or elements/pages/functionality of the Platform may be partially or completely unavailable from time to time due to routine maintenance or other technical works to ensure normal functioning of the Platform. In this case, the Company shall be under no obligation to notify Users and shall not be liable for non-receipt of information by them.
11.1.10 User acknowledges that once User’s Content is posted on the Platform, the Company cannot control and will not be responsible to User for the use which other Users or third parties make of such Content. User can delete Personal Account at any time, but acknowledges that deleting account will not of itself prevent the circulation of any Content which may have been recorded by other Users in breach of the Terms of Service or by third parties prior to the deletion of the Personal account.
11.2. Liability of the Users:
11.2.1 User will be liable to Company and indemnify Company for any loss or damage (including loss of profit) Company suffers as a result of any breach of any provisions of this Terms.
11.2.2 User agrees to indemnify, defend, and hold harmless Company and Company’s Parties from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of User’s breaches (for example, violation of the rights of any third party, any violation by User of this Agreement or any other applicable agreements in relation to the Platform using), or any breach of the representations, warranties, and covenants made by User herein.
11.2.3 Company reserves the right, at User’s expense, to assume exclusive defense and control of any matter for which User is required to indemnify Company, and User agrees to cooperate with Company's defense of these claims. Company will use reasonable efforts to notify User of any such claim, action, or proceeding upon becoming aware of it. The foregoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of User’s Promotions or Content.
11.2.4 The User (including the Author) understands that they will use the Platform as it is, at their own risk. The Company does not warrant that the User will achieve any results through the use of the Platform.
11.2.5 The User shall be solely responsible for the content of any data created, uploaded, and maintained by the User within the Platform (Personal Account). The Company does not exercise prior censorship of the information posted by the User within the Platform (Personal Account) (including any Content and Author's Content).
12. Modification, Termination and Suspension of the Agreement
12.1 Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time (for example to reflect updates to the Platform or to reflect changes in the law).
12.2 If Company changes these Terms, Company will provide User with notice of these changes, posting a notice on the Platform. Please check these Terms and any related documents periodically for those changes. User’s continued use of the Platform after the posting of changes constitutes User’s binding acceptance of such changes. The current version of the Terms is available at https://lava.top/en/docs/en-terms/.
12.3 Each Party may terminate this Agreement at any time by sending other party an email.
12.4 Company may immediately, in its sole discretion, without notice terminate this Agreement or suspend access to User account if:
(i) User has committed a material breach of User’s obligations under these Terms or other related documents,
(ii) User has violated applicable laws, regulations or third-party rights, or
(iii) Company believes in good faith that such action is reasonably necessary to protect the personal safety or property of Company, Authors or Customers, or third parties (for example in the case of fraudulent behavior of User).
12.5 If the Company suspends access to User’s Personal account or terminates User’s agreement with the Company and User’s access to the Platform the Company will inform the User about it. During any period when access to User’s Personal account is suspended, any Customer Payments which would otherwise be due during the period of suspension will be suspended.
12.6 After termination of this Agreement, User is not entitled to a restoration of User’s Account or any of User’s Content. If User’s access to or use of the Platform has been limited or Personal Account has been suspended or this Agreement has been terminated by the Company, User may not register a new Account or access and use the Platform through an account of another User.
13.1 If any provision of this Agreement or any guidelines is held to be illegal, void, or for any reason unenforceable, then for both Company and User that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
13.2 Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
13.3 Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only.
13.4 Any actions performed using the Credentials and/or the User's Personal Account are considered to be performed by the User. Any messages sent using the User's Personal Account to the Company or another User is considered to be sent by the User.
13.5 Any emails sent via email with the domain name @lava.top are considered to be sent by an authorized representative of the Company.
II COMPLAINT POLICY
1. This Complaint Policy was developed in accordance to the fairness and transparency requirements set out in EU Regulation 2019/1150.
2. Whether or not you are a User of the Platform, you can use this Complaint Policy to alert us to any complaint which you have relating to the Program.
3. If you have a complaint about Platform (including any complaint about Content
appearing on Platform or the conduct of a User), please send your complaint to email@example.com including your name, address, contact details, a description of your complaint and, if your complaint relates to Content, the URL for the Content to which your complaint relates.
If you are unable to contact us by email, please write to us at the following address: Kallipoleos, 3, Flat/Office 102, 1055, Nicosia, Cyprus.
4. Following receipt of your complaint of illegal or non-consensual Content or complaint related to other breaches of our Terms:
1) Company will take such steps as we consider to be appropriate to investigate your complaint within a timescale which is appropriate to the nature of your complaint;
2) if we require further information or documents from you, we will contact you to let you know;
3) we will in good faith investigate your complaint within 14 business days;
4) in case of a complaint of copyright and exclusive rights infringement we shall suspend payment of the Author's Fee to the Author in respect of the Author's Content, the posting of which allegedly violates the intellectual rights of third parties, and shall redirect the claim to the Author via the Platform;
5) The term for consideration of the claim by the Author is 10 (ten) business days from the date of its receipt from the Company. Prior to the expiration of this term, the Author has the right to submit to us vis the Platform or by sending to the Company's e-mail address evidence of the legitimacy of the use (posting) of the Author's Content in respect of which the claim was sent;
6) if we are satisfied that the Content is illegal or non-consensual or the use of the Author's Content violates the intellectual rights of third parties, we will immediately remove such Content, and we will notify you of our decision by email or other electronic message;
7) if we are satisfied that the Content is not illegal or non-consensual, we will notify you of our decision by email or another electronic message.
8) if we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at firstname.lastname@example.org.
9) If the recipient of a notice of claimed infringement believes that the notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in accordance with the procedures outlined above, the Recipient is permitted to submit a counter-notification The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against the Company relating to the actions taken in response to the counter-notification;
10) It is the strict policy of the Platform to terminate accounts of repeat copyright infringers, when appropriate, and the Company will act expeditiously to remove access to all materials that infringe on another’s copyright.
5. If you are a User of the Platform, you warrant (which means you make a legally enforceable promise) that you will not make any complaint under this Complaints Policy which is wholly unjustified, abusive, or made in bad faith. If we determine that you have breached this warranty, we may suspend or terminate your User account.
6. For Complaints of EU Business User about:
- any alleged non-compliance by us with any obligations affecting you; or
- technological issues relating directly to the Platform which affect you; or
- measures taken by us or our conduct which relate directly to Platform and which affect you,
please submit your complaint to email@example.com.
7. Following receipt of your complaint under cl.6, we will:
1) consider your complaint and the follow-up measures which we may need to implement regarding your complaint (including asking you for further information or documents) in order to adequately address the issue raised;
2) process your complaints within a reasonable time, taking into account the importance and complexity of the issue raised; and
3) communicate to you in plain and intelligible language by email or by message to your Personal Account the outcome of the internal complaint-handling process.
8. If your complaint under cl. 7 above is not resolved to your satisfaction through our internal complaint-handling process, then you may access the mediation service by contacting:
Cyprus Center for Alternative Dispute Resolution
Kyriakou Matsi 16, Nicosia 1082
10. Alternative dispute resolution: The European Commission provides a platform for online dispute resolution (ODR) which you can find at www.ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.
11. Pre-trial claim procedure is obligatory. Any claim or suits which you have concerning Company (including those arising out of or related to your Agreement with us) must be filed within one year after the date on which such claim or cause of action arose or the date on which you learned of the facts giving rise to the cause of action (whichever is earlier), or be permanently barred.
12. The courts of Republic of Cyprus shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) which you have or which we have arising out of or in connection with your Agreement with us (including its subject matter or formation) or your use of the Platform.
13. Your agreement with us is governed by law of Republic of Cyprus and EU legislation and it will apply to
(i)any claim that you have arising out of or in connection with your Agreement with us or your use of Platform, and
(ii)any claim that we have arising out of or in connection with your Agreement with us or your use of Platform (including, in both cases non-contractual disputes or claims), without regard to conflict of law provisions.
III REFFERAL PROGRAM TERMS
1. Company offers a referral program by which existing Users can introduce people who are interested in becoming Authors to the Platform and receive referral payments from Company which are calculated and limited as described in these Referral Program Terms.
2. Only Users with a current User account can participate in the Referral Program. If a User's account has been suspended or terminated by the Company for any reason or deleted by the User, that User will not be eligible to participate in the Referral Program.
3. Each Referring User has a unique referral link (which can be accessed via the User's Personal account) which the Referring User may share with others. When sharing unique referral link Referring User must not impersonate the Company or give the impression that User’s referral link is being shared or promoted by Company. Referring User must not use Google Ads or any similar advertising platform or search engine advertising service to share or promote User’s unique referral link. Upon Company’s request, Referring User must disclose the methods by which Referring User shares unique referral link in the Personal account.
4. The Referred Author must click on your unique referral link and then register with the Platform using the same browser that they used to click on User’s unique referral link. If someone registers with the Platform by another way than by using User’s unique referral link, Company will not link that account to User referral and no referral payments will be made to Referring User.
5. The Referred Author must not register a User Personal account on the Platform (whether under the same name or another name) before clicking on User’s unique referral link. If the Referred Author is currently or has previously been a User of the Platform no referral payments will be made to Referring User for the referral.
6. If the Referred Author sets up more than one Personal account, referral payments will be made to Referring User on the earnings made by the Referred Author from their first Personal account only. No referral payments will be made to Referring User on any further Personal accounts set up by the Referred Author.
7. User agrees that when promoting the Program in any way as a Referring User:
- will not give a false impression of the Platform, the services, programs, and content (including Content) made available through the Program, its Users or the Terms of Service; and
- will not make any statements that suggest to a potential Author that the potential Author will make a particular sum of money (or any money) from their use of the Program, or any statements regarding the likely number of Customers.
8. Neither Company nor the User may persuade anyone to make a payment by promising benefits from getting others to join the Referral Program and promise that high earnings are easily achieved from participation in the Referral Program.
9. The referral payment is calculated by the Company at the rate and on the terms posted in the Personal Account of the Referral User. The referral payment is determined as a percentage of the sales of the Referred Authors. The referral payment is credited to the Referral User's personal account in the system monthly, on the 15th day of the month following the reporting month.
10. The Company is obliged to transfer funds to the Referral User not later than 15 (fifteen) business days from the moment of receipt of the corresponding request from the User sent through the Personal Account.
The Company shall transfer funds by the method chosen by the Referral User according to the details specified by the User in the Personal Account. The User is fully responsible for the correctness and relevance of the specified details, including in case of changes in the details in the interface of the User's Personal Account. In case the Referral User specifies information about other individuals or legal entities for the purpose of transferring referral payments, the Parties acknowledge that the Referral User has instructed the Company to transfer referral payments to such third parties, and the Company's obligations on payment of referral payments shall be deemed fulfilled from the moment of transferring referral payments to such third parties.
If the Referral User in the Platform interface has chosen to receive referral payments in a currency other than the User's payment currency, payment of referral payments shall be made with conversion at the internal rate used by the Company taking into account the commissions of financial (banking, credit) and other organizations engaged by the Company for payment of referral payments, including in connection with currency exchange.
11. No referral payments will be made to a Referral User for any referral of a Referred Author that the Company believes is attributable to or managed by the Referral User or is in a commercial relationship with such Referral User. The Referral User will provide any information that the Company requests to enable the Company to determine whether the Referred Author is managed by or relates in any way to the Referral User or whether a commercial relationship exists between the Referral User and the Referred Author.
12. VAT: all referral fees payable by the Company to the Referral User will include any VAT charged or to be charged on any referral payments, and payable by the Referral User, in accordance with paragraph 7 of the Terms.
13. The referral payment due to Referring User on Customer Payments made to the Referred Author in a calendar month will be transferred to Referring User on or around the first work day of the next calendar month.
14. If referral payments were made unjustifiably, incorrectly and/or not in accordance with the Terms, as a result of the actual or alleged violation(s) of the Referral User or alleged illegal or fraudulent activity, then the Company has the right to recover the erroneously paid amounts from the Referral User.
15. Company may request Referring or Referred Authors (or both) to provide Company with ID and other information reasonably required by Company to verify any referral payment to be made and the person to whom any referral payment should be made. Failure to provide any information requested by Company may lead to Referring User losing the entitlement to referral payments in respect of the relevant Referred Author.
16. Company may change any aspect of the Referral Program (including how referral payments are calculated) or discontinue Referral Program at any time, but no change will deprive any Referring User of referral payments already earned based on Customer Payments made to Referred Author before the changes came into effect.
17. Company may withhold all or any part of the referral payments due to Referring User but not yet paid out for as long as is necessary to investigate the actual, threatened or suspected breach(es) by Referring User or the suspected unlawful or fraudulent activity (if applicable).
If following investigation, Company concludes that (i) Referring User has seriously or repeatedly breached any part of the Terms of Service; (ii) Referring User has attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for Company or another User (including actual or possible loss caused to Company or another User), and/or (iii) all or any part of referral payments due to Referring User result from unlawful or fraudulent activity, Company may notify Referring User that Company has forfeited all or any part of referral payments.
18. Company may also withhold all or any part of the referral payments due to Referring User but not yet paid out if Company receives notice that Referring User has secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on referral payments. Company undertakes no duty to pay referral payments to third-party lienholders and may withhold referral payment until the lien has been removed.
19. Company shall not have any responsibility to Referring User if Company withholds or forfeits any payment due to Referring User under the Referral Program where Company has a right to do so under these Referral Program Terms.
IV PROCEDURE FOR REFUND OF THE PAYMENTS
1. The Customer has the right to send to the Company through the Customer's Personal Account a request for a refund of the payments made by the Customer for access to the Author's Content, including those made on the Subscription terms, within 5 (five) calendar days from the date of being granted access to the Author's Content.
2. The Customer’s request for a refund of payment for the Author's Content is subject to consideration if the Customer specifies in the request specific violations committed by the Author in connection with the provision of the Author's Content, including:
(i) absence of Author's Content in the Platform interface on the page whose content corresponds to the name of the material page;
(ii) the Author's Content does not match the description of the Author's Content posted on the Platform, which does not allow the Customer to use the Author's Content for its intended purpose;
(iii) inability to view the Author's Content due to the failure of the Platform's function to display the Author's Content through the fault of the Author.
3. The Customer's request for a refund is redirected by the Company to the relevant Author. Within 3 (three) calendar days from the date of receipt of the request, the Author shall eliminate the violation indicated by the Customer in the request for a refund, or agree to refund the Customer, or send the Company objections to the Customer's request.
4. If the Author files objections to the Customer's request for a refund, the Company considers the Customer's request and the Author's objections within ten (10) business days of receipt of the Author's objections and makes a decision about the validity or invalidity of the Customer’s claims at its sole discretion in accordance with the Terms of Service.
5. If the Author rectifies the breach within the time period specified in clause 3 of this Procedure, the Author shall be deemed to have provided the Customer access to the Author's Content in full and within the prescribed period, and in this case the Author’s Fee for access to the Author's Content shall not be refunded.
6. If the Author agrees to refund the payment or does not take any action as provided by clause 3 of this Procedure, the Company shall refund the payment to the Customer after deducting the bank commission of the payment received from the Customer.
7. Customer may request a refund exclusively from the Author, not from the Company.
1. “Personal data” means any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
2. GDPR Statement
Keeping your Personal data safe is very important to us. We are committed to complying with privacy and data protection laws and being transparent about how we process Personal data.
We have policies, procedures and training in place to help our employees understand their data protection responsibilities and follow the data protection principles.
This GDPR Statement relates to our use of the Personal data we collect and process. Pursuant to the General Data Protection Regulation (“GDPR”), we process your personal information under the following lawful bases:
Your consent is requested only in specific circumstances which includes, for example, the processing of: (i) Face Recognition Data by our third-party providers as part of the age and identity verification process for all Authors (and for Customers in certain locations); and (ii) age estimation captures (which may involve the use of Face Recognition Data) by our third-party providers for Customer in certain locations.
For a child younger than fourteen (14) years old, the processing of Personal data shall be lawful when consent is given or authorized by the holder of parental responsibility over the child.
2)The performance of the Agreement between you and the Company.
By using the Platform, you have contracted with us through our Terms of Service, and we will process Personal data to perform that contract (e.g. to fulfil transactions between Customers and Authors and process Customer payments) and to enforce the terms of that Agreement.
3)Compliance with our legal obligations.
As a global business, we may process personal data to comply with applicable laws, rules and regulations in the locations where we operate.
4)To protect your vital interests.
We may process Personal data for protection of your rights to privacy, personal and family secrecy.
5)To perform a task carried out in the public interest.
We may process Personal data as necessary for a task carried out in the public interest. This may include, for example, reporting illegal activity to relevant law enforcement authorities, other governmental agencies and non- governmental organizations.
6)For our legitimate interests, which do not override your fundamental rights and freedoms.
Our legitimate interests include:
- maintaining and administrating the Platform;
- providing you with access to the Platform;
- improving the content on the Platform and web pages;
- processing of the data expressly made public by you;
- ensuring your account is adequately protected; and
- complying with any contractual, legal or regulatory obligations under any applicable law.
3. This Policy is based also on the Law of the Republic of Cyprus 125(I) of 2018 establishing protection of natural persons with regards to the processing of personal data and free movement of a such data.
4. It is important that the Personal data we keep about you is accurate and current. Please keep us informed if your Personal data changes at any point during your relationship with us. Updates or corrections can be made through your account settings on our Website.
5. We need to collect certain Personal data from you in order to provide you with access to the Platform or specific features and functionalities of the Platform in accordance with our Agreement with you (i.e. our Terms of Service). We are also required to process certain Personal data in accordance with applicable laws. Please note that if you do not wish to provide personal data where requested, we may not be able to provide you with access to the Platform or specific features and functionalities of the Platform.
7. Information we collect about you
We describe in more detail the information we may collect when you use the Platform, why we collect and process it and the legal bases below:
|Information Collected||Purpose||Legal Basis|
|2) Additional data you provide when you edit your profile page or on dedicated service profile page via including:- your full name, surname;- mobile phone;- email;- nickname;- alias, if applicable;- residential address;- country of residence;- a copy of the government identity document that you provide to us;- VAT number;- a “selfie” of you holding your government identity document;- third-party social media / personal website address (used to further verify your age and identity and to help us better understand the content which you are likely to share on our Website).||We use this information in order to verify their identity, check your country of residence.We use this information in order to provide the Platform to you, to manage and administer the Platform and as additional information to verify your account to prevent abuse and infringements of your or other persons' rights.We also use this information in order to provide you with updates and information on our and selected third parties' products and the Platform we think you may be interested in.||Legitimate interests.Performance of our contract with you.Processing is necessary for compliance with a legal obligation (e.g. right of access granted by GDPR).|
|3) Account Data:- profile name;- password;- avatars and your headers;- your subscriptions, subscribers and referrals;- posts that you have made to your account;- comments on posts made from your account;- chat messages between you and other Users.||We use this information in order to monitor transactions and communications via the Platform to:- detect malicious, deceptive, fraudulent, or illegal activity in order to protect information security and integrity, and user safety; and- respond to / investigate incidents where appropriate;Also, we use this information in order to manage and administer the Platform including providing you with access to content of your chats.||Consent. Performance of our contract with you.|
|4) Additional data received when you access the Platform, including information regarding technical interaction with the Platform such as your IP-address, time of registration on the Platform, time of your last visit of the Platform, device IDs, country and language settings.||We use your data for internal review in order to constantly improve the content of the Platform and web pages, optimizing your user experience, to understand any errors you may encounter when using the Platform, to notify you of changes to the Platform and to personalize the use of our Platform.||Legitimate Interests.|
|6) Information that is created by you while using the Platform (including User’s Content). This information can be available to all viewers of the Author’s pages where the Author’s Content is placed.||We use this information in order to manage and administer the Platform including providing our Platform to you.||Legitimate Interests.|
|7) Information that is created by you while placing requests to our Services support.||We use this information in order to verify your identity and to fulfill your support request.We may also use this data in order to investigate any complaints on your behalf and to provide you with more efficient service.||Legitimate interests. Performance of our contract with you.|
|8) Information that is received as the result of your using payment functionality on the Site (e.g. first and last four digits of your card number that are needed for the option of matching these details with user’s ID number).Other financial information:payment card details;billing address;funds added to your wallet;bank account information;pay-out country;corporate or business entity if registered for tax purposes;social security number (for US Creators only) or other relevant tax information;pay-out requests;payments made to your Author account;payments made from your Author account to other Authors;payments made from your Customer account to Authors;any failed payments.||We use this information in order to manage and administer the Site including providing our Platform to you.We may also use this data in order to investigate any complaints on your behalf and to provide you with a more efficient service.||Legitimate interests. Performance of our contract with you. Performance a task carried out in the public interest (e.g. payment of taxes).|
|9) Data collected via third parties, in case you choose to provide such data from a third-party social network, authentication or verification services (such as Facebook, Google, YouTube, among others), when you log in using such network and/or service or connect such network and/or service to our Platform, including your social network IDs (such as Google ID), device, browser, application or application store IDs, such as, but not limited to, IMEI code, MAC address, Widevine and Firebase version IDs, advertising IDs, your phone number, nickname, email and friends list, subscribers list, streams list, channel name, channel description, channel URL, avatar or profile picture, stream key.||We use this information in order to manage and administer the Platform provided to you and as additional information to verify your account to prevent abuse and infringements of your or other persons' rights.||Legitimate interests. Performance of our contract with you.|
|10) Technical Data:- Internet or other electronic network activity information, including: internet protocol (IP) address (and associated location data), Internet Service Provider (ISP), device, and typename and version of browser.||We use this information in order to manage and administer the Site including providing our Platform to you.||Legitimate interests. Performance of our contract with you.|
7.3 Your personal information may also be processed if it is required by a law enforcement or regulatory authority, body or agency or in the defense or exercise of legal claims.
7.4 We will not delete personal information if it is relevant to an investigation or a dispute. It will continue to be stored until those issues are fully resolved and/or during the term that is required and/or permissible under applicable/relevant law.
7.5 You may withdraw your consent for sending your marketing information by amending your privacy settings of your account. An option to unsubscribe will also be included in every email sent to you by us or our selected third-party partners.
7.6 Please note, if you do not want us to process sensitive and special categories of data about you (including data relating to your health, racial or ethnic origin, political opinion, religious or philosophical beliefs, sex life, and your sexual orientation) you should take care not to post this information or share this data on the Platform.
7.7 Once you have provided this data it will be accessible by the Users of the web-site (including mobile versions) where this data is posted and it becomes difficult for us to remove this data.
7.8 Please note, if you withdraw your consent to processing or you do not provide the data that we require in order to maintain and administer the Platform, you may not be able to access and use the Platform.
7.9 Any personal data associated with the Referring Customer, or the referred Author, is processed in accordance with this Policy.
Obtaining your Personal data
8.1. We collect your Personal data from the following categories of sources:
(i) Directly from you: When you provide it to us directly to open an account and use the Platform, when you update your personal data in your account, or by corresponding with us (e.g. User Data, Account Data).
(ii) Automatically or indirectly from you: For example, through and as a result of your use of the Platform (e.g. Transaction Data, Technical Data, Usage Data).
(iii) From our service providers: For example, where permitted by applicable law, we receive Third-Party Onboarding Data and certain Technical Data from our third-party age and identity verification providers.
Sharing your Personal data
9.1 We share Personal data with the following categories of third parties:
(i) Our third-party service providers: such as our IT, payment processing, customer support, content and text moderation, and age and identity verification / age estimation service providers. The lawful basis we rely on for sharing Personal data with these recipients is that it is necessary for our legitimate interests (namely the receipt of services to support business functionality).
(ii) Our professional advisers: such as our legal advisors, bankers, auditors, accountants, consultants, and insurers. Our professional advisors will process Personal data as necessary to provide their services to us. The lawful basis we rely on for sharing Personal data with these recipients is that it is necessary for our legitimate interests (namely the receipt of professional services).
(ii) Corporate: relevant third parties in the event of a possible sale, merger, acquisition, business reorganization or group restructuring exercise. The lawful basis we rely on for sharing personal data with these recipients is that it is necessary for our and the relevant third parties' legitimate interests (namely assessing and putting into effect potential transactions).
(iv) Our group companies: for the centralized coordination and management of our business. These recipients will process Personal data in the same way as set out in this Policy. The lawful basis we rely on for sharing personal data with these recipients is that it is necessary for our legitimate interests (namely coordinating the global operations of our business).
(v) Our other affiliated entities or our selected third-party partners: with our permission for using their own ad servers and advertisements to you.
(vi) Relevant authorities, regulators and organizations: in response to requests from governmental authorities (including law enforcement and tax authorities), regulators, and certain non-governmental organizations. These recipients will use your Personal data in the performance of their regulatory, law enforcement or otherwise charitable or not-for-profit role. The lawful basis we rely on for sharing Personal data with these recipients is that the processing is either necessary to comply with a legal obligation to which we are subject, or necessary for our, or a third-party's, legitimate interests, or where it is in the interests of the wider public to do so (namely reporting illegal content to, and assisting with requests from, such authorities, regulators and organizations, to protect the safety of our users and third parties).
International data transfers
10.2 In some circumstances, this will involve transferring your data outside the European Economic Area (EEA) including to Russia. We make those transfers: (i) to countries that have been deemed to provide an adequate level of protection for personal data; (ii) using appropriate safeguards; or (iii) where otherwise authorized by applicable law.
10.3 Nevertheless, the countries to which we transfer your data may not have the same data protection laws as your jurisdiction. We take reasonable cyber security measures and/or put in place the Standard Contractual Clauses (e.g. Model Clauses, Data Processing Agreement/Addendum) to ensure your data is adequately protected.
Retention of Personal data
11.1 We will only retain your Personal data for as long as reasonably necessary to fulfill the purposes for which it was collected, as set out in this Policy. Subject to the below, we retain personal data for a period of 6 months after the deletion or deactivation of your account on the Website.
11.2 We will delete your personal data sooner where a shorter retention period is required by applicable law.
11.3 We will retain your personal data for a longer period to the extent we deem necessary to carry out the processing activities set out in this Policy, for example:
(i) where it is necessary to comply with laws and regulatory obligations that are applicable to us (e.g. adhering to record keeping / maintenance requirements in certain locations and financial / tax reporting requirements, which in some cases is up to 7 years, and if we receive a valid legal request, such as a preservation order or search warrant, related to your account);
(ii) for the purposes of identifying and reporting illegal activity, protecting the safety of our users and third parties, or otherwise protecting the rights and property of our users, us, and other third parties (e.g. where you have, or we have reason to believe that you have violated our Terms of Service, and in circumstances where users are banned from further access to the Website);
(iii) for purposes of legal proceedings (e.g. to defend ourselves in litigation about a claim related to you); and
(iv) for the purposes of responding to requests from third parties in relation to your account, such as requests received from, or investigations by, law enforcement authorities, relevant governmental authorities (e.g. tax authorities and regulatory authorities) and non-governmental organizations.
11.4 The Personal data that we retain and the length of time for which it is retained will be determined on a case-by-case basis, depending on the particular circumstances.
11.5 You may delete your personal data by removing the data from your account or by sending us an email to firstname.lastname@example.org.
11.6 We may remove your Personal account, or the information you post as provided by the Terms.
12.1. You have the following rights, in certain circumstances, in relation to your personal information:
12.1.1. Right to access your personal information.
12.1.2. Right to rectify your personal information: you can request that we update, block or delete your personal data, if the data is incomplete, outdated, incorrect, unlawfully received or no longer relevant for the purpose of processing.
12.1.3. Right to restrict the use of your personal information.
12.1.4. Right to request that your personal information is erased if:
- it is no longer required in relation to the purposes for which it was gathered or processed in another way;
- you withdraw your consent concerning processing subject to consent;
- you are justifiably opposed to the processing;
- it has been subject to illicit processing; or
- it is imposed by law.
12.1.5 Right to object to processing of your personal information.
12.1.6 Right to data portability (in certain specific circumstances).
12.1.7 Right not to be subject to an automated decision.
12.1.8 Right to lodge a complaint with a supervisory authority.
12.1.9 For processing based upon your consent, the right to withdraw that consent at any time.
12.1.10 You may have other rights under the legislation of your country of residence, including right to define the instructions relative to the outcome of your personal data after your death.
12.2.You also have a right to independently remove personal information on your account and make changes and corrections to your information, provided that such changes and corrections contain up-to-date and true information. You can also view an overview of the information we hold about you.
12.3.If you would like to exercise these rights, please contact Support Service at email@example.com or send your request to us, in writing to Kallipoleos, 3, Flat/Office 102, 1055, Nicosia, Cyprus. We endeavor to respond to you within 30 days from receipt of request. We will need to verify your identity before we are able to disclose any personal data to you.
12.4.In case you provided Platform with access to your YouTube account (for example if you registered on the Platform using YouTube social network account) you can revoke Platform`s access to your YouTube account via the Google security settings page at https://security.google.com/settings/security/permissions.
12.5.You also have the right to lodge a complaint with a data protection regulator. For example, in the UK, this is the Information Commissioner's Office (ICO) and in Switzerland, this is the Federal Data Protection and Information Commissioner (FDPIC), in Russia - The Federal Executive Authority responsible for control and supervision in the field of communications and mass media (Roskomnadzor). If you are resident in the EEA, you may wish to contact your local country or state-specific data protection regulator.
13.1 We take technical, organizational and legal measures, including, where suitable, encryption, to ensure that your personal data is protected from unauthorized or accidental access, deletion, modification, blocking, copying and dissemination.
13.2 Access to the Platform is authorized using relevant social media login, or e-mail address, or mobile phone number and password. You are responsible for keeping this information confidential. You should not share your Credentials with third parties and we recommend you take measures to ensure this information is kept confidential.
14.2 All correspondence received by us from you (written or electronic inquiries) is classified as restricted-access information and may not be disclosed without your written consent. The personal data and other information about you may not be used without your consent for any purpose other than for response to the inquiry, except as expressly provided by law.
VI COOKIES POLICY
1. This policy applies only to the European Union based Users. If you are not European Union based User, please refer to the applicable law under your country policies.
2. “Cookies”. A cookie is a small text file which includes a unique identifier that is sent by a web server to your computer, mobile phone or any other internet enabled device when you visit a website or mobile app. Cookies are widely used to make sites work efficiently and to collect information about users' online preferences. For simplicity, this Policy refers to cookies but we may use other similar technologies in the same way.
4. We use all or some of the following categories of cookies on our website:
(a) Essential cookies. These cookies are essential for parts of our website to operate. They enable you to move around our website and allow us to recognize you within our website so that we can provide you with the service that you have asked for such as remembering your sign-in details.
(b) Functionality cookies. These cookies help us customize our site content based on your preferences. They remember choices you make, your language and the country you visit our website from. The information these cookies collect may be anonymized and they cannot track your browsing activity on other websites.
(c) Performance cookies. These cookies collect information on how you use our website in order to help us improve areas such as navigation and to help us fix technical issues or errors. For example, we use these cookies to help us understand how you arrive at our website, browse or use our website and highlight areas where we can improve. The information stored by these cookies never shows personal details from which your identity can be established.
(d) Targeting cookies. These cookies collect information about your browsing habits in order to make advertising, and the content we deliver, more relevant to you and your interests. They are also used to limit the number of times you see an advert or particular content, as well as help measure the effectiveness of an advertising or marketing campaign. These cookies are usually placed by third party advertising networks. They remember the websites you visit and that information is shared with other parties such as advertisers.
6. Rejection of the Cookies
6.1 At any time, you can prevent cookies from being set on your browser. For instructions on how to block, delete or disable any cookies, please consult your browser's 'Help' or 'Support' section. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our website.
6.2 Please consult the following links for information on cookie management and blocking according to your browser:
6.3 You can opt out of third-party tracking networks using these tools:
Click here to opt out of Google Analytics.
Click here to opt out of AddThis.
6.4 You can find general information and opt-out resources at youronlinechoices.eu.