If you have registered as a User at our Platform, this Terms for Users will apply in addition to the General Terms of Service. If there is a conflict between the General Terms and this Terms for Users, the terms of the latter shall prevail. Terms not otherwise defined in this document shall have the same meaning assigned to them in the General Terms of Service.
You must have first agreed to the General Terms of Service in order to accept this Terms for Users. By clicking on the words "I agree," "Submit," or similar syntax, you are electronically signing this agreement, and therefore agree to be bound by and acknowledge your complete acceptance of all the express and incorporated terms of this Terms for Users. If you do not agree to this Terms for Users or do not meet the age requirements, you must not register.
The parties therefore agree to the following terms in addition to those agreed to in the General Terms of Service:
To be eligible to participate in the Platform as a User, you must be an individual who is at least 18-years old and has the legal capacity to enter into legally binding contracts.
By registering, you state that all account registration information is accurate.
For information about how Favoritely LLC ("FLLC") collects, uses, and shares the User's personal information, please review the Platform's Privacy Policy. The User acknowledges that FLLC may retain indefinitely information the User submits to FLLC, including the User's identification, in case the information is needed to comply with applicable law or in a good-faith belief that preservation or disclosure of that information is reasonably necessary in the FLLC's opinion to (a) comply with legal process, including civil and criminal subpoenas, court orders, or other compulsory disclosure; (b) enforce this agreement; (c) respond to claims of a violation of the rights of third parties, regardless of whether the third party is a user, individual, or government agency; or (d) protect the rights, property, or personal safety of FLLC, the Platform's users, or the public.
You must register where indicated in the Platform to create an Account as User. You are responsible for ensuring that the information provided for purposes of receiving payment is kept up to date at all times.
If you desire to purchase access to or Content from Creators posted Creator's Offerings, you must follow the process as prompted in the Platform and described in Section 4, below.
WE MAY, IN OUR SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE PLATFORM OR ANY PORTION OF IT; PROHIBIT ACCESS TO OUR PLATFORM, AND ITS CONTENT, AND TOOLS; OR DELAY OR REMOVE HOSTED CONTENT, AND WE UNDER NO OBLIGATION ARE REQUIRED TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS. YOU MAY NOT BRING ANY CLAIM AGAINST FLLC OR ITS AFFILIATE ENTITIES FOR LIMITING ACCESS TO OUR PLATFORM, SUSPENSION, TERMINATION, OR DELETION OF ANY ACCOUNT FOR ANY REASON. IF ANY SUCH CLAIM IS BROUGHT AGAINST US, YOU ARE RESPONSIBLE FOR ALL DAMAGES CAUSED TO FLLC, INCLUDING ATTORNEY FEES AND COSTS. THESE TERMS REMAIN IN EFFECT IF THE ACCOUNT IS ACTIVE OR INACTIVE OR YOU NO LONGER HAVE AN ACCOUNT.
In General . The Platform allows Creators to offer and sell access to the User they post in the Platform and Users to purchase access to such Creator's Offering in exchange for a one-time or recurring fee, as determined by each Creator. Creators set their own pricing. Pricing excludes any taxes or currency transmission charges, which are extra costs charged to you. Buying paid services from one Creator does not grant you access to Content from another Creator. You must separately buy Content to each Creator you want access to. All relevant rules for payments for Content Purchases are set forth in this Terms for Creators .
Accounts . The Platform allows Users to buy tokens from us to pay for Content offered by Creators registered with the Platform. Users will not be allowed to buy and store in their Accounts more than $2,000 worth of tokens in any given day. Any tokens purchased by Users are subject to expire if not used within twelve months after the date of purchase. Tokens have no cash value and may be used exclusively to pay for Content Purchases under the Platform. Users are not allowed to sell or transfer the Tokens under a given Account in any way to any other third party.
Payments . Payments are made through our authorized payment processor. The Platform accepts payments via the payment methods identified in our website before checkout. You must have a valid accepted form of payment on file to purchase tokens or participate in free trial offers or other free offers related to any Creator's Offering. You must abide by any relevant terms of service or any other legal agreement, whether with us or a third party, that governs your use of a given payment method. Prices for gaining access to any Creator's Offering may change at any time, and we do not provide price protection or refunds in the event of a price reduction or promotional offering. It is your responsibility to check the price before making a purchase. You must prepay for any Creator's Offering that you order. Our authorized payment processor will charge your credit card or other form of payment for the price listed for the applicable Creator's Offering, along with any additional amounts relating to applicable taxes, bank fees, and currency fluctuations.
Recurring Billing . If you purchase an automatically renewing subscription, you authorize us to deduct from your Account all tokens necessary to pay for the subscription on the first day of each billing period. In case your Account has not enough tokens to make the payment for the recurring subscription, you authorize our payment processor to charge the payment method you have on file for enough tokens to complete the payment for the relevant subscription. If your Account is suspended or the payment method on file becomes invalid due to an expired credit card or other similar reason and our authorized payment processor is unable to charge you the next billing period, your access to any recurring paid service will be immediately revoked until you update your payment method or your Account is reinstated. If you fail to replenish your Account or to update your payment method within a reasonable amount of time, your subscription may be cancelled.
Taxes . If we are required to collect or pay any taxes in connection with your purchase of tokens or Creator's Offering, those taxes will be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of a paid service. These taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.
No Refunds . All sales and transactions for Content Purchases are final. Payments are nonrefundable and there are no refunds or credits for partially used periods or paid for Content. But we may approve a refund in the form of a credit on request if exceptional circumstances exist. The amount and form of a refund, and the decision to provide it, is at our sole discretion. The provision of a refund in one instance does not entitle you to a refund in the future for similar instances; nor does it obligate us to provide refunds in the future, under any circumstance. With respect to tokens held in your User Account, you acknowledge that if you voluntarily close your Account before using or expiration of all your tokens, you will not receive a refund for your unused tokens, and forego any claims you may have for such unused tokens.
Subscription Cancellations . If you buy a subscription to a Creator's Offering that automatically renews, you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period. You will have access to the Creator's Offering from the time you cancel until the start of the next billing period; you will not receive a refund or credit for any remaining days in your current billing period. You can change the automatic renewal settings or cancel your subscription at any time by contacting the Company's authorized payment processor, who is identified in your purchase confirmation email. If you cannot find your confirmation email, please send the Company an email at [email protected] and it will provide you with the relevant information.
Billing Disputes . If you believe that we have charged you in error, you must notify us in writing no later than 30 days after you receive the billing statement in which the error first appeared. If you fail to notify us in writing of a dispute within this 30-day period, you waive any disputed charges. You must submit any billing disputes by email to [email protected] and include a detailed statement describing the nature and amount of the disputed charges. We will correct any mistakes in a bill and add or credit them against your future payments.
The User states that the following facts are accurate and will continue to be accurate during his use of the Platform:
Any Creator's Content posted through the Platform observes the requirements and limitations set forth in the Terms of Service, and such posted content will not:
invade the right of privacy or publicity of any person (including invasion of rights of celebrity);
involve any defamatory, libelous, slanderous, sexually explicit, obscene, indecent, scatological or otherwise unlawful material;
violate any applicable law; or
otherwise infringe on the rights of any third parties, including those of copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual-property rights, or engage in false advertising, unfair competition, violation of antidiscrimination law, or violation of any other right of any person.
Your Content will not display or depict any person under 18-years old at the time of production and you will not give access to the Content purchased through your Account in the Platform to any a person under 18 years old or who has not reached the age of majority where they live.
FLLC may, in its sole discretion, terminate or suspend your access to all or part of the Platform at any time, with or without notice, for any reason or no reason at all, including, without limitation, violation of any term of this Agreement. Any activity which we believe, in our sole discretion, to even possibly be illegal, fraudulent, abusive, or in violation of our community standards, or our rules, may be grounds for termination of your access to all or part of the Platform. In those cases, we reserve the right to refer any such activity to any appropriate law enforcement agencies. Termination of an Account will be paid for any tokens remaining in the Account at the time of termination, as long as the amount in the respective account exceeds payment minimums, paid according to payment information on file and on the next scheduled payout date. If the amount remaining in the account does not exceed payment minimums, the amount is forfeited.