CONTRACT BETWEEN FAN AND CREATOR
This is the agreement that governs the contractual relationship between the USER and the Content CREATOR ("this agreement") and sets forth the terms that govern each transaction between the USER and the Content CREATOR on the FLINBO platform. We therefore recommend that you read it carefully. For more information you should refer to the terms and conditions that apply to the USER or the CREATOR according to their status.
INTRODUCTION: This agreement shall enter into force from the moment there is a USER to CREATOR Transaction understood as the commercial relationship between them on the FLINBO website through which access to the CREATOR's Content is granted. This agreement between both parties shall come into existence at the time the USER purchases the CREATOR's role video posted on his or her profile.
This Standard Agreement between USER and CREATOR shall apply to the exclusion of any other terms that USER or CREATOR may propose or establish legally binding upon USER and CREATOR participating in the USER/CREATOR transaction.
PARTIES: The only parties to this agreement are the USER and the CREATOR participating in the purchase Transaction made on the FLINBO platform. Neither ZOEGA LTD nor any of its subsidiary companies is a party to this agreement is not granted any rights hereunder, nor does it participate in any USER/CREATOR Transaction.
With this ZOEGA LTD or any of its subsidiaries will act, in any case, as an intermediary providing only the necessary infrastructure to carry out the transaction between USER/CREATOR establishing the instructions and rules to be followed on the platform in the terms and conditions of FLINBO.
Interpretation: In this agreement, defined terms have the following meanings:
FLINBO: Means the website accessed through the URL www. flinbo.com or through any web browser.
Content: Refers to any material uploaded to the FLINBO platform by a CREATOR user, including photos, videos, and any other material.
Creator: Refers to a User who has configured his/her FLINBO account as a Creator account to publish Content on the FLINBO platform and is acquired by registered and unregistered Users according to the registration, access, and payment methods.
Registered User: the section of the website that can only be accessed by FLINBO or the User which, among other things, details the payment provider and payment options.
User: Any User who accesses the Website without creating an account or registering with FLINBO.
User/Creator Transaction: It refers to the commercial relationship between the user and the Creator user on the FLINBO website through which access to the Creator Content is granted. This contract and with it the relationship between both parties, will be born at the moment in which the User buys the video role-playing from the creator by activating the Purchase / Buy button.
VAT: Means value added tax in the EU and/or any other tax in addition to or in lieu thereof at the rate imposed from time to time and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, tax, or levy in any other jurisdiction; and
Taxes: Shall include all forms of statutory, governmental, state, federal, provincial, provincial, local, or municipal taxes and charges, duties, levies, contributions, assessments, liens, withholdings, or liabilities, wherever applicable to EU or of any other jurisdiction.
Price and Payment: By entering into a USER/BREEDER Transaction, USER agrees to pay the USER Payment applicable to the applicable USER/BREEDER Transaction in accordance with the price posted to the account of the CREATOR plus any applicable VAT (fee). USER authorizes ZOEGA LTD its suppliers and any of its subsidiary companies to act as payment intermediaries and to collect, hold and process the Payments and any applicable VAT, and to pay the amounts due to the Creators as described in detail in the payment methods in the Terms and Conditions of Service of the FLINBO platform.
Ownership of content: At the time the transaction is made between USER / CREATOR, the user acquires by purchase the content of the creator, with all rights as a consumer. It is excluded from this contract and agreement the exploitation, sale and / or reproduction by the USER outside or within the FLINBO platform being solely for personal use and enjoyment. Any profit motive detected by the CREATOR with respect to the content acquired by the USER may be claimed for infringement of copyright.
The USER as a consumer understands and accepts that the redistribution of the content of the CREATORS is prohibited. Exploitation outside and inside the platform is prohibited because it would violate the copyrights and FLINBO's rights. Therefore, the USER agrees under this contract to respect the intellectual property rights of the Creators, including by not recording, reproducing, sharing, communicating to the public or distributing their Content without the express authorization of the CREATOR.
At the time of the USER/CREATOR transaction both parties agree and are obligated not to violate the rights of the intermediary (FLINBO) or those of another person, including intellectual property rights (examples of which are copyrights, trademarks, confidential information, and goodwill), personality rights, privacy and data protection rights.
Cancellation and Refunds: With respect to each USER/CREATOR Transaction: