Thanks for taking the time to learn about our policies! They are designed to help us all have great experience on the Fiesta Fans platform by setting a few guidelines.
Contents
- Terms of Use for all Users
- Terms of Use for Fans
- Terms of Use for Stars
- Acceptable Use Policy
- Referral Program Terms
- Complaints Policy
- Platform to Business Regulation Terms
TERMS OF USE FOR ALL USERS
BY USING OUR WEBSITE YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
1. Introduction: These Terms of Use for all Users govern your use of FiestaFans and your agreement with us.
2. Interpretation: In the Terms of Service:
a. we refer to our website as "FiestaFans", including when accessed via the URL www.fiestafans.com;
b. references to "we", "our", "us" are references to Apps &Ads Ltd., the operator of FiestaFans;
c. "Content" means any material uploaded to FiestaFans by any User (whether a Star or a Fan), 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;
d. "Star" means a User who has set up their FiestaFans account as a Star account to post Content on FiestaFans to be viewed by other Users;
e. "Fan" means a User who followers a Star and is able to view the Star's Content;
f. "Fan/Star Transaction" means any transaction between a Fan and a Star on FiestaFans by which access is granted to the Star's Content
including in any of the following ways: (i) a Subscription, (ii) payments made by a Fan to view a Star's pay-per-view Content (pay-per-view media
and pay-per-view live stream), and (iii) use by the Fan of the fan interaction function on a Star's account;
g. "Fan Payment" means any and all payments made by a Fan to a Star (i) in connection with a Fan/Star Transaction, or (ii) by way of a tip for a Star;
h. "Referring User" means a User who participates in the FiestaFans Referral Program;
i. "Standard Contract between Fan and Star" means the terms which govern each Fan/Star Transaction.
j. "Subscription" means a Fan's subscription to a Star's account (whether paid or unpaid, and whether for one month or as part of a bundle comprising a subscription for more than one month);
k. "Terms of Service" (also called "your agreement with us") means the legally binding agreement between you and us which consists of: (i) these Terms of Use for all Users, (ii) Terms of Use for Fans, (iii) Terms of Use for Stars, (iv) Privacy Policy, (v) Acceptable Use Policy, (vi) Referral Progra m Terms, (vii) Complaints Policy, (viii) Platform to Business Regulation Terms; and (ix) Community Guidelines;
l. "United Kingdom" means the United Kingdom of Great Britain and Northern Ireland; and
m."User" means any user of FiestaFans, whether a Star or a Fan or both (also referred to as "you" or "your").
3. Who we are and how to contact us: FiestaFans is operated by Apps &Ads Ltd. We are a limited company registered in England, and we have our registered office address at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ.
To contact us with any questions about FiestaFans, please email our support team at info@fiestafans.com.
4. How we may change the Terms of Service: We may change any part of the Terms of Service without telling you beforehand in the following circumstances:
a. to reflect changes in laws and regulatory requirements which apply to FiestaFans and the services, features and programs of FiestaFans where such changes require FiestaFans to change its terms and conditions in a manner which does not allow us to give reasonable notice to you; and
b. to address an unforeseen and imminent danger related to defending FiestaFans, Fans or Stars from fraud, malware, spam, data breaches or other cybersecurity risks.
We may also make other changes to any part of the Terms of Service, and we will give you reasonable notice of such changes by email or through FiestaFans, and you may contact us to end your agreement with us before the changes take effect. Once any updated Terms of Service are in effect, you
will be bound by them if you continue to use FiestaFans.
5. We may make changes to or suspend or withdraw FiestaFans: We may update and change FiestaFans from time to time for any reason, including to reflect changes to our services, Users' needs and our usinbess practices or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that FiestaFans, or any Content on it, will always be available or accessible without interruption. We may suspend or withdraw or restrict the availability of all or any part of FiestaFans for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.
6. Registering with FiestaFans: To use FiestaFans you must first register and create an account on FiestaFans. You must provide a valid email address, a username, and a password or authenticate using a valid Twitter or Google account. Your password should be unique (meaning that it is different to those you use for other websites) and must comply with the technical requirements of the FiestaFans site for the composition of passwords. To register as a User:
a) you must be at least 18 years old, and you will be required to confirm this;
b) if the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and
c) you must be permitted by the laws of the country or State/province where you are located to join FiestaFans and to view any Content available on it and to use any functionality provided by it.
d) you must provide such other information or verification records as we require.
If you do not meet the above requirements, you must not access or use FiestaFans.
7. Your commitments to us: When you register with and use FiestaFans, you make the following commitments to us:
a) If you previously had an account with FiestaFans, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
b) You will make sure that all information which you submit to us is truthful, accurate and complete.
c) You will update promptly any of your information you have submitted to us as and when it changes.
d) You consent to receiving communications from us electronically, including by emails and messages posted to your FiestaFans account, and to the processing of your personal data as more fully detailed in our Privacy Policy.
e) You will keep your account/login details confidential and secure, including your user details, passwords and any other piece of information that forms part of our security procedures, and you will not disclose these to anyone else. You will contact info@fiestafans.com promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
f) You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.
g) You will comply in full with these Terms of Use for all Users, our Acceptable Use Policy and all other parts of the Terms of Service which apply to your use of FiestaFans.
8. Rights we have, including to suspend or terminate your account:
a) We will review and moderate any of your Content to verify compliance with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law.
b) It is our policy to suspend access to any Content you post on FiestaFans which we become aware may not comply with the Terms of Service (including, in particular, our Acceptable Use Policy ) and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such Content. 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 info@fiestafans.com. Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. You agree that you will at your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content under this section.
c) If we suspend access to or delete any of your Content, we will notify you via email or electronic message to your FiestaFans account, but we are not obligated to give you prior notice of such removal or suspension.
d) We reserve the right in our sole discretion to terminate your agreement with us and your access to FiestaFans for any reason by giving you 30 days’ notice by email or electronic message to your FiestaFans account. We can also suspend access to your User account or terminate your agreement with us and your access to FiestaFans immediately and without prior notice:
- if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service (including in particular our Acceptable Use Policy), or if you attempt or threaten to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User; or
- if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of FiestaFans.
If we suspend access to your User account or terminate your agreement with us and your access to FiestaFans we will let you know. During any period when access to your User account is suspended, any Fan Payments which would otherwise have fallen due during the period of suspension will be suspended, and we may withhold all or any part of the Star Earnings due to you but not yet paid out in accordance with section 13 of the Terms of Use for Stars.
e) Upon termination of your account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on FiestaFans for you to be able to access your Content following termination of your account.
f) We can investigate any suspected or alleged misuse, abuse, or unlawful use of FiestaFans and cooperate with law enforcement agencies in such investigation.
g) We can disclose any information or records in our possession or control about your use of FiestaFans 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.
h) We can change the third-party payment providers used to process payments on FiestaFans and if we do so, we will notify you and store applicable details on your FiestaFans account.
i) Other than Content (which is owned by or licensed to Stars), all rights in and to FiestaFans and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws.
j) We are the sole and exclusive owners of any and all anonymised data relating to your use of FiestaFans and such anonymised data can be used by us for any purpose, including for commercial, development and research purposes.
9. What we are not responsible for: We will use reasonable care and skill in providing FiestaFans to you, but there are certain things which we are not responsible for, as follows:
a) We do not grant you any rights in relation to Content. Any such rights may only be granted to you by Stars.
b) Your Content may be viewed by individuals that recognise your identity. We will not in any way be responsible to you if you are identified from your Content. While we may, from time to time and in our sole discretion, offer certain geofencing or geolocation technology on FIestaFans, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology, and you will have no claim against us arising from your use of or reliance upon any geofencing or geolocation technology on FiestaFans.
c) All Content is created, selected, and provided by Users and not by us. However, in order to prevent distribution of any content that violates our Terms of Service (Acceptable Use Policy), we will closely monitor all uploaded Content, and remove any Content that violates those Terms.
d) You agree that you have no obligation to follow any suggestions, comments, reviews, or instructions received from another User of FiestaFans and that if you choose to do so, you do so entirely at your own risk.
e) We make no promises or guarantees of any kind that Stars or Referring Users will make a particular sum of money (or any money) from their use of FiestaFans (including the FiestaFans Referral Program).
f) The materials which we make accessible on FiestaFans for Users are for general information only. We make no promises or guarantees about the accuracy or otherwise of such materials, or that Users will achieve any particular result or outcome from using such materials.
g) We do not promise that FiestaFans is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access FiestaFans. You should use your own virus protection software.
h) We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of FiestaFans.
i) While we try to make sure that FiestaFans is secure and free from bugs and viruses, we cannot promise that it will be and have no control over the Content that is supplied by Stars.
j) We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.
k) You acknowledge that once your Content is posted on FiestaFans, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your 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 your account.
10. Intellectual property rights – ownership and licenses:
a) You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses in respect of your Content to us and to other Users. This includes any rights required to engage in the acts covered by sub-section 10(b) below in any territory in which FiestaFans is accessible and, in particular, in the United States of America, the United Kingdom and the European Union.
b) You agree to grant us a license under all your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of FiestaFans. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal in your Content.
c) The license which you grant to us under sub-section 10(b) above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using FiestaFans, that we do not have to pay you for the license, and that we can grant a sub-license of your Content to someone else or assign or transfer the license to someone else. This license will allow us, for example, to add stickers, text, and watermarks to your Content, to make your Content available to other Users of FiestaFans, as well as to use your Content for other normal operations of FiestaFans. We will never sell your Content to other platforms, though we 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.
d) Whilst we do not own your Content, you grant us the limited right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your Content. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf. Please see our Complaints Policy for how to make a complaint about infringement of intellectual property rights.
e) You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on FiestaFans. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us when dealing with your Content (as permitted by the license which you give us in section 10(b) above) to add watermarks, stickers or text to your Content.
11. Twitter: Users have the facility to connect an active Twitter account to their FiestaFans account and to share certain Content in the form of FiestaFans posts to Twitter using the share feature. If you use this feature, you must fully comply with Twitter's terms of service from time to time in respect of any Content shared in this way.
12. Linking to and from FiestaFans:
a) Links to FiestaFans:
- You may link to the FiestaFans homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
- If you are a Star, when promoting your Star account you must comply with our Terms of Service and the terms of service of any other website where you place a link to or otherwise promote your Star account. When promoting your Star account, you must not impersonate FiestaFans or give the impression that your Star account is being promoted by us if this is not the case. You must not promote your FiestaFans account by using Google Ads or any similar advertising platform or search engine advertising service.
b) Links from FiestaFans: If FiestaFans contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to FiestaFans, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
c) Domain Names: In some instances, FiestaFans may allow Stars to register or use domain names that contain the FiestaFans trademark or a confusingly similar term. However, you will not register such a domain name, unless:
- The domain name is registered by the Star.
- The domain name redirects to the Star’s FiestaFans profile. Domain names containing the FiestaFans trademark or a confusingly similar term must not direct to any other website, including link aggregators.
- The Star obtains prior written permission from FiestaFans and signs a licensing agreement.
If you would like to register a domain name containing the FiestaFans trademark or a confusingly similar term, please contact info@fiestafans.com. Failing to comply with these provisions or the licensing agreement will be considered a violation of the licensing agreement and may result in FiestaFans filing a domain dispute against the registrant.
13. How do I delete my account? If you want to delete your FiestaFans account then you may do so by sending us a request via e-mail at info@fiestafans.com.
a. If you are a Fan, the deletion of your account will take place within a reasonable time following your request.
b. If you are a Star, then once you initiate the "delete account" process your account will remain open until the last day of your Fans' paid Subscription period, following which you will receive your final payment and your account will be deleted.
c. Once your account has been deleted you won't be charged any further amounts or have access to your former FiestaFans account or its Content, and any subscriptions will be deleted and cannot be subsequently renewed. You will receive an email confirmation upon the successful deletion of your account. Once your account has been deleted, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on FiestaFans for you to be able to access your Content following termination of your account.
14. Who is responsible for any loss or damage suffered by you?
a. Whether you are a consumer or business User: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and (ii) fraud or fraudulent misrepresentation.
b. If you are a consumer User: If you are a consumer User, you agree that:
- We and our subsidiary companies, employees, owners, representatives, and agents will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of FiestaFans.
- If you are a consumer User and reside in the United States of America, our total liability to you for claims arising out of or related to your agreement with us shall be limited to USD 250 per claim.
c. If you are a business User: If you are a business User, you agree that: We and our subsidiary companies, employees, owners, representatives, and agents:
- exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to FiestaFans or any content on
it. This means that if the Terms of Service do not expressly include a promise or commitment by us, then one cannot be implied by law;
- are not responsible to you for any loss or damage suffered by you that is not a foreseeable result of our breaching the Terms of Service or our failing to use
reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to the Terms of Service, both we and you knew it might happen;
- won't be liable to you for 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: a) your inability to use FiestaFans or any of its services, features or programs; or b) your use of or reliance on any content (including Content) stored on FiestaFans;
- won't be liable to you for any:
a. loss of profits;
b. loss of sales, business, or revenue;
c. business interruption;
d. loss of anticipated savings;
e. loss of business opportunity, goodwill or reputation;
f. loss of data or information, including any Content; or
g. indirect or consequential loss or damage;
- won't be liable to you for any loss or damage caused by a distributed denial-of-service attack, virus, malware, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of FiestaFans or any of its services, features or programs, or due to your downloading of any material posted on it, or on any website linked to it;
- won't be liable to you if your Content is copied, distributed, reposted elsewhere or its copyright is infringed by another User or any third party;
- won't be liable to you for any disclosure of your identity, or any disclosure or publication of your personal information by other Users or third parties
without your consent (also known as "doxing");
- won't be liable to you for any failure or delay by us in complying with any part of the Terms of Service arising from events outside our reasonable control. If there is any failure or delay by us in complying with any part of the Terms of Service arising from an event outside our reasonable control then we will
contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
- Our total liability to you for any and all claims arising out of or related to your agreement with us, whether in contract, tort (including negligence), breach of
statutory duty, or otherwise shall be limited to the greater of:
- 100% of the total fees paid by you to us in connection with your use of FiestaFans; and
- USD 5,000.
15. General: You agree that:
a. If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
b. If we fail to enforce any aspect of your agreement with us, it will not be a waiver;
c. We reserve all rights not expressly granted to you.
d. No implied licenses or other rights are granted to you in relation to any part of FiestaFans, save as expressly set out in the Terms of Service.
e. Your agreement with us does not give rights to any third parties, except that the exclusions and limitations of liability in section 14 (Who is responsible for any loss or damage suffered by you?) and the terms in section 16 ( Terms relating to disputes) may be enforced by our subsidiary companies, employees, owners, representatives and agents.
f. You cannot transfer your rights or obligations under your agreement with us without our prior written consent.
g. Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate the performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations.
h. The Terms of Service form the entire agreement between us and you regarding your access to and use of FiestaFans, and supersede any and all prior oral or written understandings or agreements between us and you.
16. Terms relating to disputes – the law which applies to your agreement with us and where disputes and claims concerning your use of FiestaFans (including those arising from or relating to your agreement with us) can be brought:
a. For consumers (Fans):
- Consumers - Law:
- If you are a consumer, your agreement with us is governed by English law and English law will apply to (i) any claim that you have arising out of or in connection with your agreement with us or your use of FiestaFans, and (ii) any claim that we have against you that arises out of or in connection with your agreement with us or your use of FiestaFans (including, in both cases, non-contractual disputes or claims). You will also be able to rely on mandatory rules of the law of the country where you live.
- Consumers - where claims must be brought:
- If you are a consumer resident in the United Kingdom or the European Union, any claim which you have or which we have arising out of or in connection with your agreement with us or your use of FiestaFans (including, in both cases, non-contractual disputes or claims) may be brought in the courts of England or the courts of the country where you live.
- If you are a consumer resident outside of the United Kingdom or the European Union, any claim which you have or which we have arising out of or in
connection with your agreement with us or your use of FiestaFans (including, in both cases, non-contractual disputes or claims) must be brought in the courts of England.
b. For business Users (Stars and Referring Users):
- Business Users – Law:
- If you are a business User, your agreement with us is governed by English law and English law will apply to (i) any claim that you have arising out of or in connection with your agreement with us or your use of FiestaFans, and (ii) any claim that we have arising out of or in connection with your agreement with us or your use of FiestaFans (including, in both cases non-contractual disputes or claims), without regard to conflict of law provisions.
- Business Users - where claims must be brought:
- If you are a business User, you and we agree that the courts of England 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 FiestaFans.
c. Limitation period for bringing claims: Except where prohibited by applicable law, any claim or cause of action which you have concerning FiestaFans (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 the earlier), or be forever barred.
17. Other terms which form part of your agreement with us: These Terms of Use for all Users govern your agreement with us. Certain other terms or
policies forming part of the Terms of Service will also apply to you and form part of your agreement with us, as follows:
a. Terms of Use for Fans – which contain additional terms which apply if you use FiestaFans as a Fan;
b. Terms of Use for Stars – which contain additional terms which apply if you use FiestaFans as a Star;
c. Privacy Policy – which appli es to all Users and tells you how we use your personal data and other information we collect about you;
d. Acceptable Use Policy – which applies to all Users and tells you what you can and can’t do on FiestaFans;
e. Referral Program Terms – which outline the terms that apply if you participate in the FiestaFans Referral Program;
f. Complaints Policy - which sets out the procedure for making a complaint about any aspect of FiestaFans, and how we will deal with that complaint;
g. Platform to Business Regulation Terms – which contain additional terms which apply to Stars who are established or resident in the European Union or the United Kingdom; and
h. Our Community Guidelines – which provide add itional terms and guidance regarding your interactions with FiestaFans.
If there is any conflict between these Terms of Use for all Users and any of the terms or policies listed at section 17(a) to (h) above, the Terms of Use for all Users will apply to the extent of the conflict.
Last updated: December 2022
TERMS OF USE FOR FANS
BY USING OUR WEBSITE AS A FAN YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
1. Introduction: These Terms of Use for Fans are additional terms which apply if you use FiestaFans as a Fan (also referred to as "you" and "your" in these Terms of Use for Fans). These Terms of Use for Fans form part of your agreement with us.
2. Interpretation: In these Terms of Use for Fans, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
a. "VAT" means United Kingdom 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 any other jurisdiction; and
b. "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 and whether of the UK or any other jurisdiction.
3. Other terms which will apply to your use of FiestaFans: The following terms will also apply to your use of FiestaFans and you agree to them:
a. Our Terms of Use for all Users;
b. Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
c. Our Acceptable Use Policy – which tells you wh at you can and can't do on FiestaFans;
d. Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of FiestaFans, and how we will deal with that complaint;
e. The Standard Contract between Fan and Star – which does not form part of your agreement with us, but which governs and sets out the terms applicable to each Fan/Star Transaction you enter into on FiestaFans; and
f. Our Community Guidelines – which provide additional terms and guidance regarding your interactions with FiestaFans.
4. Other terms which may apply to your use of FiestaFans: The following additional terms may apply to your use of FiestaFans:
a. If you are also a Star, the Terms of Use for Stars will apply to your use of FiestaFans as a Star;
b. If you are a Star who is established or resident in the European Union or the United Kingdom, then the Platform to Business Regulation Terms will also apply to you; and
c. If you participate in the FiestaFans referral program, the Referral Program Terms will apply to your use of the FiestaFans Referral Program.
5. Your commitments to us: You warrant (which means you make a legally enforceable promise) that:
a. you are at least 18 years old;
b. if the laws of the country or State/province where you live provide that you can only be legally bound by a contract at an age which is higher than 18 years old, then you are old enough to be legally bound by a contract under the laws of the country or State/province where you live;
c. you will provide your ID and a photo of you holding your ID when we require.
d. you are permitted by the laws of the country or State/province where you are located to join FiestaFans and to view any Content available on it and to use any functionality provided by it; and
e. you are able and willing to make payment (where required) to view Content available on FiestaFans which you wish to view and to use any functionality provided by FiestaFans that you wish to use.
6. Content - general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy ), the following terms apply to the Content posted, displayed, uploaded or published by you as a Fan on FiestaFans:
a. You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on FiestaFans:
i. the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy );
ii. you either own your Content (and all intellectual property rights in it) or have a valid license to your Content; and
iii. if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on FiestaFans. If you find Content published by someone else that includes yourself and/or your material or intellectual property without required licenses, you can report such content by clicking the Flag icon under a violating post, where you will have an option to provide a description of why you are reporting a post.
b. You agree that you will be liable to us and indemnify us if any of the warranties at section 6(a) is untrue. This means you will be responsible for any loss or damage we suffer as a result of any warranty being untrue.
c. We are not responsible forany aspect of any Content posted by you or any other User of FiestaFans. However, in order to prevent distribution of any content that violates our Terms of Service (Acceptable Use Policy), we will closely monitor all uploaded Content, and remove any Content that violates those Terms.
d. You confirm that you have been informed how to report any Content that violates our Terms of Use by clicking the Flag icon under a violating post, where you will have an option to provide a description of why you are reporting a post.
7. Adult material: You acknowledge that you are aware that some of the Content on FiestaFans contains adult material, and you agree to take this into account when deciding where to access and view Content. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing Content containing adult material in a way which places you in breach of any contract you have with a third party (for example, your employment contract) or in breach of any applicable law.
8. Subscriptions and purchases by Fans: This section describes the terms which apply to Fan/Star Transactions:
a. All Fan/Star Transactions are contracts between Fans and Stars on the terms of the Standard Contract between Fan and Star . Although we facilitate an/Star Transactions by providing the FiestaFans platform and storing Content we are not a party to the Standard Contract between Fan and Star or any other contract which may exist between a Fan and Star, and are not responsible for any Fan/Star Transactions.
b. Stars are solely responsible for determining (within the parameters for pricing on FiestaFans) the pricing applicable to Fan/Star Transactions and the Content to which you may be given access.
c. Fan Payments are exclusive of VAT, which shall be added at the current rate as applicable to Fan Payments.
d. To be able to enter into a Fan/Star Transaction with a particular Star, you must first add a payment card to your account and then click the 'Subscribe' button on the relevant Star's profile.
e. You authorize us and our subsidiary companies to supply your payment card details to a third-party payment provider for the purpose of processing your Fan Payment. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we and our subsidiary companies will not be responsible for paying any charges or fees imposed by your payment card provider or bank.
f. If you choose to provide details of two or more payment cards, then if you try to make a Fan Payment from the first card and the card is rejected for any reason, then the other payment card will be used to collect the full Fan Payment.
g. The payment provider will take (i) periodic payments from your payment card for Fan Payments which are Subscriptions; and (ii) immediate payments from your payment card for Fan Payments other than Subscriptions (including any tips paid by you to a Star and Token purchases). You authorize and consent to each of these payments being debited using your supplied payment card details.
h. Apart from free-trial Subscriptions, all Subscriptions to a Star's profile will automatically renew at the end of the relevant subscription period, except if your payment card is declined, the subscription price for the Subscription has increased, or you have cancelled the subscription on the ‘Subscriptions’ page in your account. If you cancel a Subscription you will continue to be permitted to view the relevant Star's Content until the end of the subscription period in which you cancelled, after which no further payments will be taken from your payment card in respect of subscriptions to that Star's profile (unless you choose to pay for a new Subscription to that Star’s profile), and you will no longer be able to view the relevant Star's Content.
i. You agree that you will not make unjustified requests for a refund in respect of any Fan/Star Transaction or tip to a Star, or unjustified chargeback requests of your payment card provider in relation to any Fan/Star Transaction or tip to a Star. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.
9. Suspension of your User account: If we suspend your User account in accordance with our rights under the Terms of Service, then any Fan Payments which would otherwise have fallen due during the period of suspension of your User account will be suspended during the period of the suspension of your User account.
Last updated: December 2022
TERMS OF USE FOR STARS
BY USING OUR WEBSITE AS A STAR YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
1. Introduction: These Terms of Use for Stars are additional terms which apply if you use FiestaFans as a Star (also referred to as "you" and "your" in these Terms of Use for Stars). These Terms of Use for Stars form part of your agreement with us.
2. Interpretation: In these Terms of Use for Stars, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
a. "VAT" means United Kingdom 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 any other jurisdiction; and
b. "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 and whether of the UK or any other jurisdiction.
3. Other terms which will apply to your use of FiestaFans: The following terms will also apply to your use of FiestaFans and you agree to them:
a. Our Terms of Use for all Users;
b. Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
c. Our Acceptable Use Policy – which tells you wh at you can and can’t do on FiestaFans;
d. Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of FiestaFans, and how we will deal with that complaint;
e. The Standard Contract between Fan and Star – which does not form part of your ag reement with us, but which governs and sets out the terms applicable to each Fan/Star Transaction you enter into on FiestaFans; and
f. Our Community Guidelines – which provide add itional terms and guidance regarding your interactions with FiestaFans.
4. Other terms which may apply to your use of FiestaFans: The following additional terms may apply to your use of FiestaFans:
a. If you are established or resident in the European Union or the United Kingdom, then the Platform to Business Regulation Terms will also apply to you;
b. If you are also a Fan, the Terms of Use for Fans will also apply to your use of FiestaFans as a Fan; and
c. If you participate in the FiestaFans Referral Program, the Referral Program Terms will apply to your use of the FiestaFans Referral Program.
5. What are the fees that we charge Stars for the use of FiestaFans? We charge a fee to you of twenty per cent (20%) of all Fan Payments made to you (exclusive of any VAT element of the Fan Payment) (called Our Fee). The remaining eighty per cent (80%) of the Fan Payment (exclusive of any VAT element of the Fan Payment) is payable to you (called "Star Earnings"). Our Fee includes the costs of providing, maintaining and operating FiestaFans and storing your Content. Our Fee is deducted from the Fan Payment, and Star Earnings are paid to you in the way described in the Payouts to Stars section below.
6. How to set up your account as a Star account: To set up your account as a Star account:
a. you are at least 18 years old;
b. You will need to upload a valid form of ID and a photo of you holding your ID and a handwritten note
c. You will need to add bank account details or your Bitsafe ID for rerceiving your earnings.
d. You may also need to submit additional information depending on the country where you live.
e. We may ask you for additional age or identity verification information at any time. We may reject your application to set up a Star account for any reason.
f. Once you have set up your account as a Star account, then if you want to charge your Fans a monthly subscription fee you will need to set your subscription price for your Fans within the range allowed by FiestaFans as set out on your Pricing Settings page.
g. You will then be able to start adding Content and Users will be able to subscribe to your account to become your Fans.
h. If you lose access to your account, you can reset your password, but you will need to know the email address used to set up the account to do so. If you do not recall the email address used to set up the account, we may require you to provide identification documents and photos and any additional evidence we may reasonably require to prove your identity.
7. Personal legal responsibility of Stars: Only individuals can be Stars. Every Star is bound personally by the Terms of Service. If you have an agent, agency, management company or other third party which assists you with the operation of your Star account (or operates it on your behalf), this does not affect your personal legal responsibility. Our relationship is with you, and not with any third party, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms of Service.
8. Fan/Star Transactions: This section describes the terms which apply to Fan/Star Transactions:
a. All Fan/Star Transactions are contracts between Fans and Stars on the terms of the Standard Contract between Fan and Star . Although we facilitate Fan/Star Transactions by providing the FiestaFans platform and storing Content, we are not a party to the Standard Contract between Fan and Star or any other contract which may exist between a Fan and Star, and are not responsible for any Fan/Star Transaction.
b. Fan Payments are exclusive of VAT, which shall be added at the current rate as applicable to Fan Payments.
c. When you receive confirmation from FiestaFans by email, that the Fan/Star Transaction has been confirmed, you must perform your part of such Fan/Star Transaction (for example, by allowing the Fan to view the Content on your Star account and/or providing the customised Content paid for by the Fan and/or allowing the Fan to use the fan interaction function paid for (as applicable)). You agree that you will indemnify us for any breach by you of this obligation (which means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of you failing to comply with this obligation).
9. Content – general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Star on FiestaFans:
a. Your Content is not confidential, and you authorize your Fans to access and view your Content on FiestaFans for their own lawful and personal use, and in accordance with any licenses that you grant to your Fans.
b. You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on FiestaFans:
i. the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
ii. you hold all rights necessary to license and deal in your Content on FiestaFans, including in each territory where you have Fans and in the United Kingdom;
iii. you either own your Content (and all intellectual property rights in it) or have a valid license to offer and supply your Content to your Fans;
iv. if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on FiestaFans; If you find Content published by someone else that includes yourself and/or your material or intellectual property without required licenses, you can report such content by clicking the Flag icon under a violating post, where you will have an option to provide a description of why you are reporting a post; and
v. the Content is:
1. of satisfactory quality, taking account of any description of the Content, the price, and all other relevant circumstances including any statement or representation which you make about the nature of the Content on your account or in any advertising;
2. reasonably suitable for any purpose which the Fan has made known to you is the purpose for which the Fan is using the Content; and
3. as described by you.
c. You agree that you will be liable to us and indemnify us if any of the warranties at section 9(b) is untrue. This means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the warranties being untrue.
d. We are not responsible for any Content posted by you or any other User of FiestaFans. However, in order to prevent distribution of any content that violates our Terms of Service (Acceptable Use Policy), we will closely monitor all uploaded Content, and remove any Content that violates those Terms.
e. You also agree to act as custodian of records for the Content that you upload to FiestaFans.
10.. Advertising on FiestaFans:
a. If you post or upload video Content to your Star account which is designed to promote, directly or indirectly, a third-party goods, services or image in return for payment, other valuable consideration, or self-promotional purposes (including advertising, sponsorship, and product placement) (together "Advertising Content"), then you must comply with the requirements set out in sections 10(b) and (c) of these Terms of Use for Stars.
b. Requirements – Advertising Content: You must ensure that any Advertising Content which you post to your Star account:
i. does not:
1. prejudice respect for human dignity;
2. include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
3. encourage behaviour prejudicial to health or safety;
4. encourage behaviour grossly prejudicial to the protection of the environment;
5. cause physical, mental or moral detriment to any person;
6. directly urge persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
7. directly encourage persons to persuade others to purchase or rent goods or services;
8. exploit the trust of persons in others; or
9. unreasonably show persons in dangerous situations;
ii. does not advertise cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illegal drugs, or any prescription-only medicine;
iii. does not advertise, promote, or facilitate illegal gambling, and
iv. in respect of any Advertising Content for alcoholic drinks, is not aimed at minors and does not encourage immoderate consumption of alcohol.
c. Transparency requirement - Advertising Content: You must declare that any Advertising Content which you post or upload to FiestaFans contains advertising by including the signifier #ad in the caption to the Advertising Content before posting or uploading.
11. Co-authored Content:
a. If you upload Content to your Star account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) ("Co-Authored Content"), you warrant (which means you make a legally enforceable promise to us) that each individual shown in any Co-Authored Content uploaded to your account is i) a Star on FiestaFans; or ii) a consenting adult, and that you have verified the identity and age of each such individual and will provide supporting documents as we may request in our discretion.
b. You further warrant that you have obtained and keep on record written consent from each individual shown in your Co-Authored Content that such individual:
i. has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and
ii. has consented to the Co-Authored Content in which he or she appears being posted on FiestaFans.
c. In addition to the confirmations in sections 11(a) and (b) above, you agree that if you upload Co-Authored Content where the other person or people appearing in the Content maintain a Star account on FiestaFans, you will tag the FiestaFans account(s) of any person or people appearing in the Co-Authored Content who can be identified from it.
d. If any Co-Authored Content is a work of joint authorship, you are 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 FiestaFans.
e. You agree that we will only arrange for Star Earnings to be paid to the account of the Star to which the Co-Authored Content is uploaded. The Star 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 you and such individual(s), and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Starr Earnings earned on any Co-Authored Content in which you appear but which is posted on another Star’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Star, terminate your account, and/or withhold all or any portion of Star Earnings earned but not yet paid out to you.
f. You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Star(s) who posted Co-Authored Content or the individual(s) who appeared in the Co-Authored Content (as applicable).
12. Payouts to Stars:
a. All Fan Payments will be received by a third-party payment provider approved by us.
b. If you have chosen the Bitsafe Payout Option, Bitsafe will collect the Fan Payment and pay the Star Earnings to your bank account/Bitsafe payment card.
c. If you have chosen Bank Transfer payout option, Verotel will collect the Fan Payment and pay the Star earnings to your bank account.
d. Your FiestaFans account will be updated within a reasonable time with your Star Earnings. Your Star Earnings will become available for withdrawal by you from your FiestaFans account once such Star Earnings appear in your FiestaFans account.
e. To make a withdrawal of Star Earnings from your FiestaFans account, you must have at least the minimum payout amount in your FiestaFans account. Please visit the Payout Request page on your account to see what the minimum payout amount is for your country of residence and Payout Option.
f. The amount that you see in your ‘current balance’ in your FiestaFans account is your Star Earnings at the relevant time. Once you make a withdrawal request and your earnings are transferred to you by your chosen payout method, your bank may charge you currency conversion or transfer fees to receive the money. Additionally, your e-wallet company may charge you a fee for accessing the money. We do not have control over currency exchange rates or charges imposed by your bank or your e-wallet company, and we and our subsidiary companies will not be responsible for paying any charges imposed by your bank or your e-wallet company.
g. If a Fan successfully seeks a refund or chargeback from their credit card provider in respect of a Fan Payment made to you, we may investigate and may decide to deduct from your account an amount equal to the Star Earnings earned by you on the charged-back or refunded amount.
h. Except for Payout Options involving payment by direct bank transfer, we do not store any data disclosed by you when you register your Payout Options with a third-party payment provider.
13. Circumstances in which we may withhold Star Earnings:
a. We may withhold all or any part of the Star Earnings due to you but not yet paid out:
i. if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
ii. if you attempt or threaten to breach any part of the Terms of Service in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
iii. if we suspect that all or any part of the Star Earnings result from unlawful or fraudulent activity, either by you or by the Fan who made the Fan Payment resulting in the Star Earnings,
for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) the Star Earnings result from unlawful or fraudulent activity, we may notify you that you have
forfeited your Star Earnings.
b. We may also withhold all or any part of the Star Earnings due to you but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on Star Earnings. We undertake no duty to pay Star Earnings to third-party lienholders and may withhold payment of Star Earnings until the lien has been removed.
c. We shall not have any responsibility to you if we withhold or forfeit any of your Star Earnings where we have a right to do so under these Terms of Use for Stars.
d. If we are withholding all or any part of the Star Earnings due to you and we determine that part of the Star Earnings withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity, then we may arrange for you to be paid the part of the Star Earnings which we determine to be unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all Star Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.
e. If once we have finished our investigation we determine that Star Earnings are forfeited, we will (unless prohibited by law) use our best efforts to ensure that any Fan Payments which resulted in forfeited Star Earnings are returned to the relevant Fans who paid such Fan Payments.
14. Promoting Tax compliance and VAT:
a. General:
i. We recommend that all Stars seek professional advice to ensure you are compliant with your local Tax and VAT rules, based on your individual circumstances.
ii. By using FiestaFans as a Star, you warrant (which means you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of FiestaFans to the relevant Tax authority in your jurisdiction, as required by law.
iiii. By using FiestaFans as a Star you warrant (which means you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to Tax which apply to you. If, at any point whilst you have an FiestaFans account, any Tax non-compliance occurs in relation to you
(including a failure by you to report earnings or the imposition on you of any penalty or interest relating to Tax) or if any litigation, enquiry, or investigation is commenced against you that is in connection with, or which may lead to, any occurrence of Tax non-compliance, you agree that you will:
1. notify us by email to info@fiestafans.com in writing within 7 days of the occurrence of the Tax non-compliance or the commencement of the litigation, enquiry or investigation (as applicable); and
2. promptly provide us by email to info@fiestafans.com with:
a. details of the steps which you are taking to address the occurrence of the Tax non-compliance and to prevent the same from happening again, together with any mitigating factors that you consider relevant; and
b. such other information in relation to the occurrence of the Tax non-compliance as we may reasonably require.
iv. For the avoidance of doubt, you are responsible for your own Tax affairs and we and our subsidiary companies (i) are not responsible for advising you on your Tax affairs and will not be liable in respect of any general information provided on FiestaFans or by info@fiestafans.com in respect of Tax, and (ii) will not be liable for any non-payment of Tax by Stars.
v. We reserve the right to close your FiestaFans account if we are notified of or become aware of any Tax non-compliance by you.
Last updated: December 2022
REFERRAL PROGRAM TERMS
WARNING!
In compliance with regulation 3 of the Trading Scheme Regulations 1997 (as amended) and section 120(1) of the Fair Trading Act 1973, please read the warning below in respect of the FiestaFans Referral Program:
- It is illegal for us or for a participant in the FiestaFans Referral Program (iincluding Referring Users and Referred Users) to persuade anyone to make payment by promising benefits from getting others to join the FiestaFans Referral Program.
- Do not be misled by claims that high earnings are easily achieved from participation in the FiestaFans Referral Program.
- Although we do not demand any payment from Referring Users for the purposes of participating in the FiestaFans Referral Program, we are legally required to inform you that if you sign this contract, you have 14 days in which to cancel and get your money back.
1. Introduction: These Referral Program Terms are additional terms which apply if you use the FiestaFans Referral Program. These Referral Program Terms form part of your agreement with us.
2. Interpretation: In these Referral Program Terms defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
a. "Referring User" is also referred to as "you" or "your" in these Referral Program Terms;
b. "Referred User" means the person who joins FiestaFans via the Referring User's unique referral link.
3. What is the FiestaFans Referral Program? FiestaFans offers a referral program by which existing Users can introduce people who are interested in becoming either Fans or Stars to FiestaFans and receive referral payments from FiestaFans which are calculated and limited as described in these Referral Program Terms.
The FiestaFans Referral Program is operated by Apps & Ads Ltd. We are a limited company registered in England, and we have our registered office address at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ.
The rules of the FiestaFans Referral Program:
a. Only Users of FiestaFans with a current User account can participate in the FiestaFans Referral Program. If a User's account has been suspended or terminated by us for any reason or deleted by the User, that User will not be eligible to participate in the FiestaFans Referral Program.
b. You will need on your User account page to add a bank account or a payment method details of your bank account or a payment method in order to receive referral payments under the FiestaFans Referral Program.
c. Each User has a unique referral link (which can be accessed via the User's User account) which the User may share with others. When sharing your unique referral link you must not impersonate FiestaFans or give the impression that your referral link is being shared or promoted by us. You must not use Google Ads or any similar advertising platform or search engine advertising service to share or promote your unique referral link. Upon our request, you must disclose the methods by which you share your unique referral link in the Bio/Website field of your FiestaFans account.
d. The Referred User must click on your unique referral link and then register with FiestaFans using the same browser that they used to click on your unique referral link. If someone registers with FiestaFans other than by using your unique referral link, we will not link that account to your referral and no referral payments will be made to you.
e. The Referred User must not have opened a User account with FiestaFans (whether under the same name or another name) before clicking on your unique referral link. If the Referred User is currently or has previously been a User of FiestaFans no referral payments will be made to you for the referral.
f. If the Referred User sets up more than one User account referral payments will be made to you on the earnings made by the Referred User from their first User account only. No referral payments will be made to you on any further User accounts set up by the Referred User.
g. No referral payments will be made to you on any referral of a Referred User which we determine is owned or operated by you, or is in a commercial relationship with you. You will provide any information which we request to enable us to determine whether the Referred User is owned or operated by you or if there is a commercial relationship between you and the eferred User.
h. You agree that when promoting FiestaFans in any way as a Referring User:
- you will not give a false impression of FiestaFans, the services, programs, and content (including Content) made available through FiestaFans, its Users or the Terms of Service; and
- you will not make any statements which suggest to a potential User that the potential User will make a particular sum of money (or any money) from their use of FiestaFans, or any statements regarding the likely number of Fans.
4. Referral payments:
a. How are referral payments calculated? Once a Referred User has become a registered User of FiestaFans in accordance with the rules of the FiestaFans Referral Program described above, the Referring User will be paid a referral payment equal to five per cent (5%) of Fan Payments generated by the Referred Star in the twelve months after the date on which the Referred Star becomes a registered User of FiestaFans, up to a maximum referral payment by FiestaFans to the Referring User of US$50,000 per Referred Star. Also, when a Fan reigisters trough Referring User’s referral link, the Referring User will be paid a referral payment equal to one per cent (1%) of Referred Fan’s spent amount, for twelve months after the date on which the Referred Fan becomes a
registered User of FiestaFans, up to a maximum referral payment by FiestaFans to the Referring User of US$10,000 per Referred Fan.
b. Warning: In compliance with regulation 3 of the Trading Scheme Regulations 1997 (as amended) and section 120(1) of the Fair Trading Act 1973, please read the warning below in respect of the FiestaFans Referral Program:
- It is illegal for us or for a participant in the FiestaFans Referral Program (including Referring Users and Referred Stars) to persuade anyone to make a Payment by promising benefits from getting others to join the FiestaFans Referral Program.
- Do not be misled by claims that high earnings are easily achieved from participation in the FiestaFans Referral Program.
c. Choosing a payout method to receive referral payments: In order to be able to receive referral payments you must first choose one of the payout methods provided by FiestaFans in your country of residence. These methods are called "Payout Options".
d. Who bears the cost of the referral payment? The cost of the referral payment is borne by us, not the Referred User.
5. Our rights relating to the referral program:
a. If referral payments have been made incorrectly then we have the right to recover the wrongly paid sums from the User to whom the wrongly paid sums have been paid.
b. We may request you or Referred Users (or both) to provide us with ID and other information reasonably required by us 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 us may lead to you losing your entitlement to referral payments in respect of the relevant Referred User.
c. We may change any aspect of the FiestaFans Referral Program (including how referral payments are calculated) or discontinue the FiestaFans Referral Program at any time, but no change will deprive any Referring User of referral payments already earned before the changes came into effect.
6. Circumstances in which we may withhold referral payments:
a. We may withhold all or any part of the referral payments due to you but not yet paid out:
- if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
- if you attempt or threaten to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
- if we suspect that all or any part of the referral payments due to you result from unlawful or fraudulent activity, either by you, or by the Referred User,
for as long as is necessary to investigate the actual, threatened or suspected breach(es) by you or the suspected unlawful or fraudulent activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) all or any part of referral payments due to you result from unlawful or fraudulent activity, we may notify you that you have forfeited all or any part of your referral payments.
b. We may also withhold all or any part of the referral payments due to you but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on, referral payments. We undertake no duty to pay referral payments to third-party lienholders and may withhold payment of Star Earnings until the lien has been removed.
c. We shall not have any responsibility to you if we withhold or forfeit any payment due to you under the FiestaFans Referral Program where we have a right to do so under these Referral Program Terms.
d. If we are withholding all or any part of the referral payments due to you and we determine that part of the referral payments withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity, then we may arrange for you to be paid the part of the referral payments which is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all referral payments due to you but not yet paid and we may set off such amounts against any losses suffered by us.
Last updated: December 2022
