PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
“the Website” or “our site” means FavePing website, https://faveping.com and any of the services which are provided therein. “FavePing” or “FavePing” mean FavePing which is a company incorporated in England and Wales with the company number 12197930 and the registered address Ashleigh, Red street, Southfleet, KENT, DA139QH. To contact us, please email firstname.lastname@example.org.
“FavePing” is an online platform that allows the sale of performer material and live chat sessions. The company owns and is responsible for all content stored on https://faveping.com.
“Content” means the text, software, scripts, graphics, photos, camera and video camera performance, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Website. “Token” or “Tokens” means virtual currency used on the Website which can be purchased on the Website by the Users.
By using our site you accept these terms.
Your use of the FavePing is subject to the terms of a legal agreement between you and FavePing.
Your legal agreement with FavePing is made up of:
(A) the terms and conditions set out in this document; and
(C) The FavePing’s Acceptable Use Policy.
The Terms apply to all users of the Website, including users who are also contributors of saleable content.
In order to use the Website, you must firstly accept to be legally bound by the Terms. You may not use the Website if you do not accept the Terms.
You can accept the Terms by simply using the Website. You understand and agree that FavePing will treat your use of the Website as acceptance of the Terms from that point onwards.
You must be 18 years of age or older to use the Website
You must not use the Website if your age is below 18 or if you are a person who is either barred or otherwise legally prohibited from using the Website under the laws of the country in which you are resident or from which you access or use the Website.
You must not allow anyone under 18-years old to use your credentials to access the Website. If we discover that you have done this, we may immediately cancel your access to the Website without advance notice.
We may make changes to these Terms
FavePing reserves the right to make changes to the Terms from time to time. Therefore, every time you wish to use our site, please check these Terms to ensure you understand the Terms that apply at that time. These Terms were most recently updated on 20th November 2020.
If you do not agree to the updated Terms you must stop using the Website. Your continued use of the Website, after the date the updated Terms are posted, will constitute your acceptance of the updated Terms.
We may update and change our site from time to time to reflect changes to our services, our users’ needs and our business priorities and need to comply with applicable law. We will notify you through a pop-up window in which you can agree to the change of the Terms.
Registration and Accounts
In order to access some features of the Website, you will have to create an FavePing account. When creating your account, you must provide accurate and complete information.
You agree that you will be solely responsible for all the activity that occurs under your FavePing account.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
You will not share access to your account with anyone else.
Gold is the only acceptable payment method to performers and any other offer of payment outside of this method direct to a performer is strictly prohibited. As a user of the Website you may purchase Gold. Gold can be bought in denominations of, £10, £20, £30, £50, £75, so you can buy to suit your budget. You can use Gold to pay for private shows, group shows, spy shows, download videos/images and tips and on authorised advertising programs within the Website. Tokens are aligned to GBP so 1 Gold = 50p (£0.50).
Gold cannot be exchanged for cash and have no cash value once purchased.
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you might have a right to cancel within 14 days of purchasing the agreement which was concluded over the internet. In case of the supply of digital Content other than on a tangible medium, the trader must not begin supplying digital Content before the end of that cancellation period, unless you give your express consent for this to happen and you acknowledge that you understand, by giving such consent, you will lose your right to cancel. By accepting these Terms, you hereby give your express consent for FavePing to grant you immediate access to digital Content on the Website. You confirm you understand that by giving this express consent, you will lose any right you might have to refund in relation to tokens that you have used up to access digital Content on the Website.
All of our Gold prices are set. You may pay in a currency other than GBP Sterling. Our payment processing company uses the current exchange rates to charge prices in other world currencies. These prices tend to fluctuate regularly as the market exchange rate changes. The currency exchange rate offered by our payment processing company might be slightly higher than for example your own bank’s rate.
Unless otherwise specified, all purchases are one-time charges, meaning we will never charge you again for the same purchase. We do not use recurring charges.
We may use credit card processors or banks outside the United Kingdom to process your transactions. In some instances, your bank or credit card issuer may charge you a foreign transaction or similar fee or charge. In addition, if you are outside of the United Kingdom or making a purchase in a currency other than GPB Sterling, the payment processor may add a surcharge for the currency conversion.
FavePing only act as an agent and as such any gold purchased by you will appear within your virtual money wallet.
In the event you believe there has been an error when purchasing your gold, you must notify us within 14 days of the date of your purchase. We will attempt to resolve any issues within 7 days of receiving your report.
We may offer a refund if your gold has been lost due to a technical fault on our part. We may also refund purchases of Gold provided you request refund within 28 days of purchase and not used. We will credit refunds back to the same debit or credit card with which you paid for the purchase. The refund transaction might be subject to an administrative charge by our payment processing company and to a foreign exchange rate as might be applicable. Nothing in our refund policy shall affect your statutory rights. To request a refund please email email@example.com with details of the call such as time and amount, performer name and reason you require a refund. If you request a refund directly from our payment processing company or request charge back from your debit/credit card company, we will assume that your card had been stolen and subject to fraud.
Limitation of licence to use the Website
You agree (you directly or through third parties) to refrain from:
distributing any part of or parts of the Website or the Content, in any medium without
FavePing’s prior written authorisation; altering or modifying any part of the Website;
circumventing, disabling or otherwise interfering (or attempting to) with any security
related features of the Website; using the Website or the Content for any commercial
uses, unless you obtain FavePing’s prior written approval. Prohibited commercial uses
shall not include
(i) uploading an original video to the Website, (ii) maintaining an account on the Website in order to promote your business or services, (iii) participating in an advertising related activity which is expressly authorised by FavePing; using or launching any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Website; collecting or harvesting any personal data of any user of the Website; accessing Content for any reason other than your personal non-commercial use, solely as intended through and permitted by the normal functionality of the Website. Copying, reproducing, distributing, transmitting, broadcasting, displaying, selling, licensing, or otherwise exploiting any Content for any other purposes without the prior written consent of FavePing or the respective licensors of the Content.
You agree that you will comply with all of the other provisions of the Terms and FavePing’s Acceptable Use Policy at all times during your use of the Website.
Suspension of your access to the Website
You acknowledge and agree that FavePing may suspend or withdraw providing you access to the Website or to the Content to you or to users, generally at FavePing‘s sole discretion, without prior notice. This might be as a result of suspicion or actual fraud in relation to your account or because we believe that you have breached the Terms. If before or after we decide to suspend or withdraw your account, your credit card provider seeks return of any previous charges, we reserve the right to seek reimbursement from you for such charges, as well as any additional costs incurred by us in doing so.
You may stop using the Website at any time. You do not need to specifically inform FavePing when you stop using the Service.
You agree that you are solely responsible for (and that FavePing has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which FavePing may suffer) of any such breach.
FavePing operates a clear copyright policy in relation to any Content that is alleged to infringe the copyright of a third party.
As part of FavePing’s copyright policy, FavePing will terminate user access to the Website/Content if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
The Website includes information and materials uploaded by other users of the Website, including bulletin boards and chat rooms. The views expressed by other users on our site during live chat sessions do not represent our views or values. If you wish to complain about information and materials uploaded by other users please contact us on firstname.lastname@example.org.
As an FavePing user you may submit Content. You understand that whether or not Content is published, FavePing does not guarantee any confidentiality with respect to Content.
FavePing does not endorse any Content or any post, recommendation, or advice expressed therein, and FavePing expressly disclaims any and all liability in connection with the Content.
You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable FavePing to stream your Content for the purposes of the provision of the Service by FavePing, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
You agree that your conduct on the Website will comply with (and you agree that the content of all of your Content shall comply with) the FavePing Acceptable Use Policy, as updated from time to time.
You agree that you will not post or upload any Content which contains material which is unlawful for you to possess in the United Kingdom or in the country in which you are resident, or which it would be unlawful for FavePing to use or possess in connection with the provision of the Service.
You specifically must not post or stream Content which either displays or refers in any way to child pornography or exploitation of minors or animals.
You agree that Content you submit to the Service, will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled to post the material in question and to grant FavePing the licence referred to in the paragraph, intellectual property in the Content.
FavePing reserves the right to decide whether Content complies with the Content requirements set out in these Terms and may remove such Content and/or terminate a User’s access to the Website without prior notice and at its sole discretion.
You further understand and acknowledge that in using the Website you may be exposed to Content that is offensive, indecent, or otherwise objectionable to you. You hereby waive any legal or equitable rights or remedies you have or may have against FavePing with respect to any such Content.
Whenever you make use of a feature that allows you to upload Content to our site, or to make contact with other users of our site, you must comply with the Content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Responsibility of Content
FavePing does screen and filter random Content that is posted by users of the Website to ensure it is compliant. We will remove Content that has been posted or streamed in breach of the Terms, third party’s intellectual property rights or the law once we become aware of it.
FavePing is responsible for any violations to rules and will take necessary legal action to recover any costs incurred for mis-use of content uploaded by performers which does is unlawful.
We will fully cooperate with the law enforcement authorities, legal processes or court orders requesting or directing us to disclose the identity or location of anyone posting Content in breach of the Terms.
Intellectual property in the Content
Any Content you upload or stream to the Website, will be considered non confidential and non-proprietary.
You retain all of your ownership rights in your Content, but you are
required to grant FavePing, a worldwide, non-exclusive, royalty-free, transferable
licence (with right to sub-
licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with FavePing business including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also grant other users of the Website a limited licence to use, store and copy that Content.
The above licenses granted by you in Content, terminate when you remove or delete your Content from the Website.
With the exception of Content submitted to the Website by you, all other Content on the Website is either owned by or licensed to FavePing, and is subject to copyright, trade mark rights, and other intellectual property rights of FavePing or its licensors. You may not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit for any other purpose whatsoever without the prior written consent of FavePing which, together with its licensors reserve all rights not expressly granted in and to their Content. [And to distribute and make it available to third parties.]
We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the Content standards set out in our Acceptable Use Policy.
You are solely responsible for securing and backing up your Content.
Availability of the Website
We do not guarantee that our site, or any Content on it, will always be available or be uninterrupted.
We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.
You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Minimum speed of internet connection
You warrantee that you will at all times, whilst using the Website, use an internet connection with upload speed of at least 1mps.
Third Party Links
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by FavePing of those linked websites or information you may obtain from them. FavePing has no control over, and assumes no responsibility or liability for, or in relation to the Content, privacy policies, or practices of any third party websites. Nor does FavePing endorse any advertising, products or other materials on or available from such websites or resources.
You take full responsibility for accessing and using third party websites, using information and verifying it for any decision to use, purchase or refrain from purchasing any of the services or products mentioned on a linked site. If you do purchase products or services from another website please read their contract carefully before deciding to buy.
Remember, your contract for those products or services will be with them, not us. When you use other websites, any personal information you give them will be dealt with in line with their privacy policies, not ours, so please read the privacy policies of each and every such website before using them.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Website in any website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The Website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of Content on our site other than that set out above, please contact email@example.com.
Closing your account
If you want to terminate your legal agreement with FavePing, you may do so by:
(a) notifying FavePing at any time by emailing firstname.lastname@example.org; and
(b) closing your FavePing account.
FavePing may at any time terminate your account if:
(a) At the absolute discretion of FavePing you have breached any provision of the Terms or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms; or
(b) FavePing is required to do so by law; or
(c) FavePing is no longer able to provide the Service to users in the country in which you are resident or from which you use the Service.
Exclusion of Warranties
Nothing in the Terms shall affect any of your statutory rights.
The Service is provided “as is” and FavePing makes no warranty or representation to you with respect to them.
FavePing makes no warranties as to satisfactory quality, fitness for purpose or conformance with description that may apply to the Website or Content.
We will not be liable to you for any loss or damage, breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our site; or use of or reliance on any Content displayed on our site.
We shall not be liable for any third party’s unauthorised access to or alterations of your account, transmissions, or data.
We shall not be liable to you for any direct or indirect or consequential loss or damage which may be incurred by you whether in contract or tort (including negligence for commercial users). This shall include; any loss of profit, any loss of goodwill or reputation, any loss of opportunity, any loss of data suffered by you, loss of profits, sales, business, or revenue, business interruption, any indirect or consequential loss or damage.
The limitations on FavePing‘s liability to you, shall apply whether or not FavePing has been advised of or should have been aware of the possibility of any such losses arising.
You agree to indemnify, defend and hold harmless FavePing, from and against any claim, liability, cost, damage or loss we may incur (including reasonable legal fees) as a result of any Content that you post or transmit on the Website and/or any actions you take which disrupt access to and/or the functioning of our Site or any breach by you of your obligations under these Terms.
No Agency Relationship
Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
The Terms constitute the whole legal agreement between you and FavePing and governs your use of the Website and completely replaces any prior agreements between you and FavePing in relation to the Website.
You agree that FavePing may provide you with notices, including those regarding changes to the Terms, by email to the email address you specified when you signed up to the Website. You confirm that the email address you specified when you signed up is a current and valid email address for receiving notice, and that you are able to send and receive email in connection with this email address.
You may send notices to us by using the Contact Support page. We will consider an electronic notice received by us only when our server receives your message. We may change our contact information by posting the change on the Website. Please check the customer support area of the Website for the most current information for sending notice to us.
Enforcement of rights
You agree that if FavePing does not exercise or enforce any legal right or remedy which is contained in the Terms, this will not be taken to be a waiver of FavePing’s rights and that those rights or remedies will still be available to FavePing.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
Applicable Law and exclusive jurisdiction
The Terms and your relationship with FavePing shall exclusively be governed by English law. You and FavePing agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that FavePing shall still be allowed to apply for injunctive remedies or other equivalent types of legal remedy in any jurisdiction.