TERMS OF SERVICE Last updated: May 12, 2021
These Terms of Service ("Terms"
) constitute a legally binding agreement ("Agreement"
) between you (“you”
) and Company (as defined below) governing your access to and use of the Company’s website https://boosty.to/, including any subdomains thereof (collectively, “Site”
), and all associated services (collectively, “BOOSTY Services”
). The Site and BOOSTY Services are hereinafter collectively referred to as the “BOOSTY Platform”
PLEASE READ THIS AGREEMENT CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE BOOSTY PLATFORM, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT; AND (B) HEREBY CONFIRM THAT YOUR AGE IS SUFFICIENT FOR SUCH REGISTRATION UNDER THE APPLICABLE LAWS AND/OR YOU HAVE ALL NECESSARY CONSENTS (E.G. PARENTAL CONSENTS) IN FULL COMPLIANCE WITH THE APPLICABLE LAWS, INCLUDING FOR PURPOSES OF DATA PROTECTION LAWS, OTHERWISE THE REGISTRATION AT THE BOOSTY PLATFORM AND ITS USING IS PROHIBITED.
IN THE EVENT THAT YOU, IN ACCORDANCE WITH THE LAWS OF YOUR STATE, ARE PROHIBITED TO USE BOOSTY PLATFORM OR PORTIONS THEREOF OR THERE ARE OTHER LEGAL RESTRICTIONS, YOU DO NOT HAVE THE RIGHT TO USE IT. IN SUCH A CASE, YOU WILL BE SOLELY RESPONSIBLE FOR THE USE OF BOOSTY PLATFORM OR THE RELEVANT PART OF IT ON THE TERRITORY OF YOUR STATE IN VIOLATION OF THE RELEVANT LEGISLATION.
- Scope of Services
- The BOOSTY Platform is an online platform that (a) enables one registered users (“Creators”) to use the available functionality of the BOOSTY Platform to enter into legally binding services agreements to provide the other registered users (“Users”) the access to the content and/or its part created by the Creators and published on Creators’ Blogs on the BOOSTY Platform (“Creator Content”) for free or for a fee, determined by a Creator (“Creator Fees”); (b) enables Users to subscribe to such Blogs to gain access to limited Creator Content for the payment of Creator Fees to the Creators on the terms and conditions specified by such Creators on their Blogs; (c) enables Creators to receive donations from the Users aimed to support Creators and potentially contribution to the Creator Content quality improvement (“Donations”); and (d) enables Users to make Donations and communicate with the Creators by any means available through the BOOSTY Platform including sending text messages. All content created/downloaded by Users through BOOSTY Platform shall be referred to as the “User Content”.
- The BOOSTY Platform also permits to perform a registration and the use of certain BOOSTY Services while interacting with: (1) the “VK Donut” feature of the social media vk.com accessible at https://vk.com and its subdomains, operated by VKontakte LLC, and in mobile applications connected to https://vk.com and operated by VKontakte LLC (“VK Donut”); and (2) the “Donations” feature of the social media ok.ru accessible at https://ok.ru/ and its subdomains, operated by Mail.RU LLC, and in mobile applications connected to https://ok.ru/ and operated by Mail.Ru LLC (“OK Donations”); (3) the “MY.GAMES Donations” feature of MY.GAMES Ecosystem accessible at https://store.my.games and its subdomains, operated by My.com B.V., and in MY.GAMES GameCenter operated by My.com B.V. (“MY.GAMES Donations”). In case you use BOOSTY Platform features integrated in VK Donut, OK Donations or MY.GAMES Donations, this Agreement governs publishing of and accessing User Content within the scope of available VK Donut, OK Donations or MY.GAMES Donations functionality, and all the references of this Agreement to Creators, Users, Creator Content, Donations, Creator Fees, User Content and other definitions provided herein shall be interpreted as the ones only accessible and shown via VK Donut, OK Donations or MY.GAMES Donations correspondingly.
- Except as expressly specified in these Terms (a) as the provider of the BOOSTY Platform, Company does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Creator Content and does not participate in any communications between Creators and Users, (b) Creators alone are responsible for their Creator Content and Users are alone responsible for their User Content, (c) Company is not and does not become a party to or other participant in any contractual relationship between Creator and User, nor is an insurer, (d) Company is not acting as an agent in any capacity for Creator or User except as expressly set forth in Section 2 below herein.
- While Company may help facilitate the resolution of disputes, Company has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Creator Content or User Content (ii) the performance or conduct of any Creator or User or third party. Company does not endorse any Creator or Creator Content or User or User Content. You should always exercise due diligence and care when deciding whether to communicate or enter into any kind relationship with Creators.
- If you choose to use the BOOSTY Platform, your relationship with Company is limited to being an independent, third-party, and not an employee, agent, joint venturer or partner of Company for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Company.
- The BOOSTY Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Company is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Company of such Third-Party Services.
- Due to the nature of the Internet, Company cannot guarantee the continuous and uninterrupted availability and accessibility of the BOOSTY Platform. Company may restrict the availability of the BOOSTY Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the BOOSTY Platform. Company may improve, enhance and modify the BOOSTY Platform and introduce new services from time to time.
- Subject to your compliance with these Terms, Company hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable, free of charge or for fee (as defined herein) license to use the BOOSTY Platform within its purposes and functionality.
- Use of BOOSTY Platform is free of charge. However, Company reserves the right to charge fees from Creator or User for the use of BOOSTY Platform at any time by changing these Terms and Payment Terms.
- Eligibility, Using the BOOSTY Platform
- Company may make the access to and use of the BOOSTY Platform, or certain areas or features of the BOOSTY Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria.
- User verification on the Internet is difficult and Company does not assume any responsibility for the confirmation of any Creator or User identity except expressly provided by applicable law. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, Company may, but have no obligation to (i) ask Creators or Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of them, (ii) screen Creators and Users against third party databases or other sources and request reports from service providers, and (iii) where Company has sufficient information to identify a Creator or User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
- The access to or use of certain areas and features of the BOOSTY Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the BOOSTY Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
- Appointment of the Company as Commercial Agent for the collection of Creator Fees and Donations; Agency Agreement
- The Creator collecting Creator Fees and/or Donations from Users via the BOOSTY Platform hereby appoints the Company as the Creator’s commercial bill collection agent with the instruction and authorization to act as an intermediary for the purpose of collecting Creator Fees and/or Donations from Users and remit them to Creator in accordance with these Terms of Service ("Agency Agreement").
- This Agency Agreement is entered into for an indefinite period of time.
- The Creator and the Company, shall act dutifully and in good faith towards each other.
- For its services, the Company charges an agency fee to the Creator (“Agency Fee”), further specified in the Payment Terms, which can be found on the following page: https://boosty.to/app/offer/payment-terms. The Payment Terms form an integral part of this Agency Agreement.
- The Creator is responsible for paying any Agency Fee that he/she owes to the Company. Except as otherwise provided on the BOOSTY Platform, Agency Fees are non-refundable.
- The Users accepts and agrees that (i) Donations by their nature are unconditional and unsolicited; (ii) the User gains access to corresponding Creator Content at the moment when Creator Fees are paid, therefore the services of Creators are provided in full at the moment of such payment. Except as expressly set forth in accordance with applicable legislation, paid Creator Fees and Donations are final and non-refundable, including in the event that the User is dissatisfied with the Creator Content.
- The Creator understands that the Company’s obligation to remit any Creator Fees and/or Donations to the Creator is subject to and conditional upon successful receipt of the associated Creator Fees and/or Donations from Users. The Company guarantees remittances to Creators only for such amounts that have been successfully received by the Company from Users in accordance with the Payment Terms.
- The Company reserves the right to change the Agency Fee at any time.
- The Company or the Creator may at any time terminate this Agency Agreement by notice in writing.
- In no event will the Company be liable to the Creator for any direct, indirect or consequential damages arising from or relating to this Agreement.
- In no event shall the Company be liable to any third parties (meaning: anyone not party to this Agency Agreement) for any direct, indirect or consequential damages caused by or arising out of any acts or omissions of the Creator.
- In the event of any conflict or inconsistency between the terms of this Agency Agreement and other terms contained in the Terms of Service or the Payment Terms, the terms of this Agency Agreement shall prevail.
- Account; Blogs; Creator Fee and Donations
- By registering on the Boosty Platform you confirm that you are of legal age to be entitled to such registration under laws of the country of residence and you have all necessary consents in full compliance with applicable laws, including for purposes of data protection laws. If this is not the case, registration on the Boosty Platform and use of the Boosty Platform is prohibited. If you are not permitted to use the Boosty Platform by the laws of your country, you shall not use the Boosty Platform. In this case, you shall bear individual liability for use of the Boosty Platform in your country in violation of applicable laws.
- While Company uses reasonable security precautions, you are solely responsible for maintaining the confidentiality of Account and password, for restricting access to your computer and for all activities that occur under your account or password. Please make sure you provide to Company on registration and at all other times information which will be true, accurate, current, complete and kept up to date to the best of your ability.
- If You have reason to believe that your Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you must immediately notify Company at firstname.lastname@example.org.
- You may not register more than one (1) Account unless Company authorizes you to do so. You may not assign or otherwise transfer your Account to another party.
- Company may permit you to register for and log onto the BOOSTY Platform via certain third party API, such as by using Facebook account. If you log in via such API, the profile information connected to the account you use to log into the BOOSTY Platform, including your name, may be used by Company in order to provide and support your Account. You also acknowledge and agree that Company may publish information regarding your use of the BOOSTY Platform to and in connection with any such third party API with which you use the BOOSTY Platform (unless you tell Company otherwise).
- Each User has a possibility to become a Creator by registering a Blog where such a user intends to provide the content to the other users (“Blog”). Each Creator may register only one Blog per Account. Each Blog containing or aimed at containing at least one element of an Adult Content shall be appropriately marked in accordance with the terms of the Agreement.
- Each Creator may provide a part of its Creator Content for a Creator Fee subject to be determined by the Creator on the Boosty Platform. Each Creator may provide different parts of its Creator Content to the Users for a different Creator Fee. In case a User and a Creator use the BOOSTY Platform via VK Donut, Section 4.8.2 shall apply. In case a User and a Creator use the BOOSTY Platform via OK Donations, Section 4.8.3 shall apply. In case a User and a Creator use the BOOSTY Platform via MY.GAMES Donations, Section 4.8.4 shall apply. In any other case, Section 4.8.1 shall apply.
- Creator Fee in any case shall not be less than the amount of ten (10) Russian roubles and shall not exceed the amount of one hundred thousand (100,000) Russian roubles. As to Subscription Payments the limitations indicated above shall be applied in respect to a Creator Fee per month.
- In case a User and a Creator use the BOOSTY Platform via VK Donut, Creator Fee in any case shall not be less than the amount of fifty (50) Russian roubles and shall not exceed the amount of two thousand (2,000) Russian roubles. As to Subscription Payments the limitations indicated above shall be applied in respect to a Creator Fee per month.
- In case a User and a Creator use the BOOSTY Platform via OK Donations, Creator Fee in any case shall not be less than the amount of one (1) Russian rouble and shall not exceed the amount of two thousand (2,000) Russian roubles. As to Subscription Payments the limitations indicated above shall be applied in respect to a Creator Fee per month.
- In case a User and a Creator use the BOOSTY Platform via MY.GAMES Donations, Creator Fee in any case shall not be less than the amount of one (1) Russian rouble and shall not exceed the amount of two thousand (2,000) Russian roubles. As to Subscription Payments the limitations indicated above shall be applied in respect to a Creator Fee per month.
- If a User intends to gain access to such Creator Content, such User shall subscribe to a Blog and pay a Creator Fee as determined by a Creator. Each Creator may determine a Creator Fee as single payment per a certain part of Creator Content and/or as recurring payments in order to gain keep access to the certain Creator Content published or subject to be published on a Blog as long as such payments are made (“Subscription Payments”). For the purpose of calculation and payment of the Subscription Payments, the BOOSTY Platform calculates any “month” within the interface of the BOOSTY Platform as a thirty (30) days period. By initiating a Subscription Payment a User agrees that the subsequent Subscription Payments will be automatically remitted, using your payments details, each 30-days divisible period, chosen by a User while initiating a Subscription Payment, unless a User cancels his/her Subscription Payments before the date of the payment.
- Each Creator may provide Users with opportunity to make Donations to such Creator. In case a User and a Creator use the BOOSTY Platform via VK Donut, Section 4.10.2 shall apply. In case a User and a Creator use the BOOSTY Platform via OK Donations, Section 4.10.3 shall apply. In case a User and a Creator use the BOOSTY Platform via MY.GAMES Donations, Section 4.10.4 shall apply. In any other case, Section 4.10.1 shall apply.
- The amount of such Donations in any case shall not be less than the amount of ten (10) Russian roubles and shall not exceed the amount of one hundred thousand (100,000) Russian roubles and shall not be repayable.
- In case a User and a Creator use the BOOSTY Platform via VK Donut, the amount of such Donations in any case shall not be less than the amount of fifty (50) Russian roubles and shall not exceed the amount of two thousand (2,000) Russian roubles and shall not be repayable.
- In case a User and a Creator use the BOOSTY Platform via OK Donations, the amount of such Donations in any case shall not be less than the amount of one (1) Russian rouble and shall not exceed the amount of five thousand (5,000) Russian roubles and shall not be repayable.
- In case a User and a Creator use the BOOSTY Platform via MY.GAMES Donations, the amount of such Donations in any case shall not be less than the amount of one (1) Russian rouble and shall not exceed the amount of five thousand (5,000) Russian roubles and shall not be repayable.
- Creators shall independently fulfill their obligations regarding the Creator Content including one provided for Creator Fee, single payments, Subscription Payments and or Donations. The Company shall bear no liability regarding the action and/or inactions of Creators connected with the Creator Content and the fulfillment of separate agreements, entered into between Creators and Users using Boosty Platform.
- Content; Promotions
- BOOSTY Platform Content. You acknowledge and agree that BOOSTY Platform and any content that Company makes available on or through BOOSTY Platform including any trademarks, logos and any service names (“BOOSTY Content”) and all associated intellectual property rights, are the exclusive property of Company and/or its licensors or suppliers that may not be copied, imitated or used, in whole or in part, without the prior written permission of Company. Any authorized use of these BOOSTY Content must be in accordance with any guidelines that Company may provide you from time to time. You may not use any metatags or any other hidden text utilizing "Boosty", “BOOSTY Platform” or any other name, trademark or product or service name of Company without Company’s prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Company.
- Content. Creator Content and User Content collectively hereinafter referred to as “Content”. If Company allows you to publish any Content, then you are solely responsible for your Content and the consequences of publishing it. By uploading/ publishing / making available your Content on BOOSTY Platform and/or using BOOSTY Platform in connection with your Content, you represent and warrant that: (1) you are the creator and owner of the certain Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your Content at any time comply with these Terms, including but not limited to the Code of Conduct provided in the Section 6; and (3) your Content does not and will not (a) violate any applicable law, rule or regulation or (b) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (c) slander, defame, or libel any other person or (d) promote violence, the use of firearms, or unlawful subject matter or activities or (e) be defamatory, libelous, deceptive, pornographic or sexually explicit; (4) your Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code or (5) unless you have received prior written authorization, your Content specifically does not contain any prerelease or non-public beta software or game content or any confidential information of Company or third parties. Company reserves all rights and remedies against any Creators who breach these representations and warranties.
- Any Content, may in its entirety or in part be protected by copyright, trademark, and/or other laws of the certain state. You acknowledge and agree that any Content, including all associated intellectual property rights, are the exclusive property of the respective owners. You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the BOOSTY Content or any Content. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the BOOSTY Content or Content, except to the extent you are the legal owner of certain Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in these Terms.
- Adult Content. You can post Creator Content containing nudity or posts on mature themes (“Adult Content”) on the Boosty Platform as long as you and your Content comply with these terms, especially the Code of Conduct and mark your Blog as “Adult” in its setting in order to hide it from minors. Both nudity and implied nudity as the gimmicky censorship of breasts and genitals, sheer/see-through clothing, and overly sexual poses shall always be marked as Adult Content. However, you cannot post Adult Content in public areas of your Account including your profile picture, ‘about me’ section. Any Creators featuring Adult Content on their Blogs cannot offer any Content that is limited to a single user, such as a custom video or audio file specifically created for one user. It is also prohibited to create a Blog with Adult Content for one user. Users can actively participate in your creative process only for as long as the benefits of your Blog (i.e. its Content) are delivered to a larger group of users.
- License to use Content. If you distribute or make available any Content through the BOOSTY Platform, you hereby grant to Company a worldwide, non-exclusive, royalty-free, perpetual, transferable and fully sublicensable right to use, host, convert for streaming, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit your Content, in any form, format, media or media-сhannels now known or later developed or discovered. You grant Company and our sublicensees the right to use the name that you submit in connection with that content, if Company or they choose. This clause shall survive the termination of the Terms on any reason except for the cases when it is prohibited by applicable law.
- Limitation of liability for Content. Company takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the BOOSTY Platform is at your own risk. Enforcement of the Content or conduct rules set forth in these Terms of Service is solely at Company's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the BOOSTY Platform will not contain any content that is prohibited by such rules. As a provider of interactive services, Company is not liable for any statements, representations or Content provided by our users in any public forum, personal home page or other Interactive Area. Company does not endorse any Content or any opinion, recommendation or advice expressed therein, and Company expressly disclaims any and all liability in connection with Content. Although Company has no obligation to screen, edit or monitor any of the Content posted in any interactive area, Company reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the BOOSTY Platform at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the BOOSTY Platform at your sole cost and expense. Any use of the interactive areas or other portions of the BOOSTY Platform in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the interactive areas and/or the BOOSTY Platform.
- At all times Company reserves the right to delete or block any Content in case of any breach or alleged breach of these Terms of Service.
- Any promotions administered or conducted using the BOOSTY Platform ("Promotion") are subject to prior separate agreements between Company and you. If you choose to promote, administer or conduct a Promotion subject to foregoing, you always must follow the following rules:
- you may carry out Promotions to the extent permitted by applicable local law and you are solely responsible for ensuring that you and any Promotions comply with any and all applicable local law obligations and restrictions as well as to any BOOSTY Platform documents;
- you, at your expense, will be solely responsible for all aspects of your Promotion, including, without limitation, the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including, without limitation, filing any and all necessary registrations and bonds. Company has the right to remove your Promotion from the BOOSTY Platform for any reason.
- Company is not responsible for and does not endorse or support any such Promotions. You may not indicate that Company is a sponsor or co-sponsor of the Promotion.
- All Creators should display or read out the following when a Promotion is on their Blog:
"This is a promotion from [Blog name]. BOOSTY Platform does not sponsor or endorse Creator promotions and is not responsible for them".
- For clarity, any Promotion may take place upon additional binding agreement between you and Company and subject to technical functionality of BOOSTY Platform.
- Code of Conduct
- You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the BOOSTY Platform. In connection with your use of the BOOSTY Platform, you will not and will not assist or enable others to:
- use the BOOSTY Platform for any purposes except to access the BOOSTY Platform and use it in accordance herewith;
- rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in these Terms;
- post, upload, or distribute any defamatory, libelous, or inaccurate Content;
- use the Boosty Platform to provide or encourage sexual services;
- use the Boosty Platform to provide access to pornographic material such as giving access to a website or shared private access to pornographic creations whether on Boosty or on any other platform. Pornography is defined as real people engaging in sexual acts such as masturbation or sexual intercourse on camera;
- use the Boosty platform to fund escort activity.
- offer an erotic webcam session to the Users;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the BOOSTY Platform accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the BOOSTY Platform, or perform any other similar fraudulent activity;
- delete the copyright or other proprietary rights notices on the BOOSTY Content or BOOSTY Content or Content;
- make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the BOOSTY Platform, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;
- harvest or collect the email addresses or other contact information of other users from the BOOSTY Platform for the purpose of sending spam or other commercial messages;
- use the BOOSTY Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
- defame, harass, abuse, threaten or defraud users of the BOOSTY Platform, or collect, or attempt to collect, personal information about users or third parties without their consent;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the BOOSTY Platform or Content, features that prevent or restrict use or copying of any content accessible through the BOOSTY Platform, or features that enforce limitations on the use of the BOOSTY Platform or Content;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the BOOSTY Platform or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your country of residence;
- modify, adapt, translate or create derivative works based upon the BOOSTY Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- intentionally interfere with or damage operation of the BOOSTY Platform or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
- relay email from a third party's mail servers without the permission of that third party;
- use any robot, spider, scraper, crawler or other automated means to access the BOOSTY Platform for any purpose or bypass any measures Company may use to prevent or restrict access to the BOOSTY Platform;
- manipulate identifiers in order to disguise the origin of any Content transmitted through the BOOSTY Platform;
- interfere with or disrupt the BOOSTY Platform or servers or networks connected to the BOOSTY Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the BOOSTY Platform;
- use the BOOSTY Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the BOOSTY Platform, or that could damage, disable, overburden or impair the functioning of the BOOSTY Platform in any manner;
- use or attempt to use another user's account without authorization from that user and Company;
- attempt to circumvent any content filtering techniques Company employs, or attempt to access any service or area of the BOOSTY Platform that you are not authorized to access;
- harvest, collect, transfer, send, show, publicly display or in any way reveal any information about any User of Creator, that was collected or obtained while using BOOSTY Platform, including e-mail addresses of Users or Creators; or
- attempt to indicate in any manner that you have a relationship with us or that Company have endorsed you or any products or services for any purpose.
- Further, BY USING THE BOOSTY PLATFORM, INCLUDING YOU AGREE NOT TO post, upload to, transmit, distribute, store, create or otherwise publish through the BOOSTY Platform or use in relation to BOOSTY Platform any of the following:
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law or regulation;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
- Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Content that depicts real people engaging in sexual acts such as masturbation or sexual intercourse on camera;
- Nude creations of any individual under the age of 18, including yourself;
- Content that creates or contains illustrated, animated or other depictions of bestiality, rape, and child exploitation (i.e., a sexualized depiction of minors), fringe sexual fetish creations, such as incest, necrophilia, or fetish creations that is hard to distinguish from non-consensual sex;
- private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
- viruses, corrupted data or other harmful, disruptive or destructive files and content that, in the judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the BOOSTY Platform, or which may expose Company or our users to any harm or liability.
- If you feel that any person you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Company by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
- Disclaimers; Liability; Indemnification
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE BOOSTY PLATFORM AND RESPECTIVE FEATURES AND BOOSTY CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY COMPANY; (B) COMPANY, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS ("COMPANY’S PARTIES") DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE BOOSTY PLATFORM, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) COMPANY DOES NOT REPRESENT OR WARRANT THAT INFORMATION, CONTENT OR MATERIALS ON THE BOOSTY PLATFORM ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE COMPANY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE COMPANY SERVICE SAFE, COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE BOOSTY PLATFORM OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE BOOSTY PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE TERM "COMPANY" INCLUDES COMPANY'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
- NOTWITHSTANDING COMPANY’S APPOINTMENT AS THE COMMERCIAL BILL COLLECTION AGENT OF CREATOR AS SPECIFIED HEREIN, COMPANY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CREATOR OR OTHER THIRD PARTY. COMPANY DOES NOT HAVE ANY DUTIES OR OBLIGATIONS AS AGENT FOR EACH CREATOR EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THESE TERMS, AND ANY ADDITIONAL DUTIES OR OBLIGATIONS AS MAY BE IMPLIED BY LAW ARE EXPRESSLY EXCLUDED.
- THE COMPANY DOES NOT PROVIDE ANY PREMODERATION OF THE CREATORS’ AND/OR USERS’ CONTENT AND TO THE FULLEST EXTENT PERMITTED BY LAW THE COMPANY DISCLAIMS ANY LIABILITY FOR ANY CONTENT PUBLISHED ON THE BOOSTY PLATFORM EXCEPT THE BOOSTY CONTENT.
- Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL COMPANY OR THE COMPANY’S PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE BOOSTY PLATFORM, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE BOOSTY PLATFORM EXCEED 100 EURO AMOUNT.
- Indemnification. You agree to indemnify, defend, and hold harmless Company and Company’s Parties from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your breaches (for example, your violation of the rights of any third party, any violation by you of this Agreement or any other applicable agreements in relation to the BOOSTY Platform using), or any breach of the representations, warranties, and covenants made by you herein. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate with Company's defense of these claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. The forgoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or Content.
- Term; Modification; Termination; Suspension and other Measures
- Term. This Agreement shall be effective for unlimited period of time until you or Company terminate the Agreement in accordance herewith.
- Modification. Company reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time (for example to reflect updates to the BOOSTY Platform or to reflect changes in the law). If Company changes these Terms, Company will provide you notice of these changes, such as by sending an email, posting a notice on the BOOSTY Platform or updating the "Last Updated" date above. Please check these Terms and any related documents periodically for those changes. Your continued use of the BOOSTY Service after the posting of changes constitutes your binding acceptance of such changes. We will always make a reasonable effort to notify you if Company does change these Terms. The current version of the Terms is available at https://boosty.to/app/offer/user.
- Termination. If you are a Creator you may terminate this Agreement at any time by sending Company an email. If you are a User you may terminate this Agreement by stopping access to BOOSTY Platform.
- Termination for convenience. Without limiting our rights specified below, Company may terminate this Agreement for convenience at any time by notifying you via email or by any other means.
- Termination for a breach. Company may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms or other related documents, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Company believes in good faith that such action is reasonably necessary to protect the personal safety or property of Company, Creators or Users, or third parties (for example in the case of fraudulent behavior of a Creator or User).
- In addition, Company may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms or related documents, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the account registration or thereafter, (iv) you and/or your Creator Content, User Content at any time fail to meet any applicable quality or eligibility criteria, (v) Company has received complaints about your performance or conduct, or (vi) Company believes in good faith that such action is reasonably necessary to protect the personal safety or property of Company, Creators, Users, or third parties, or to prevent fraud or other illegal activity:
- Delete or refuse to delete any Content;
- limit your access to or use of the BOOSTY Platform;
- limit the maximum amount of the Creator Fee and/or Donations permitted to be collected/received for the Account;
- temporarily or in case of severe or repeated offenses permanently suspend your Account on the BOOSTY Platform.
- In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Company and an opportunity to resolve the issue to Company's reasonable satisfaction.
- When this Agreement has been terminated, you are not entitled to a restoration of your Creator Account or any of your Content. If your access to or use of the BOOSTY Platform has been limited or your Account has been suspended or this Agreement has been terminated by Company, you may not register a new Account or access and use the BOOSTY Platform through an account of another Creator.
- Applicable Law. This Agreement shall be governed and construed by the law of England and Wales. All disputes arising in connection with this Agreement are subject to mandatory pre-trial settlement by the Parties, and in case of failure to reach agreement during the pre-trial settlement of the dispute – in the court having jurisdiction at the location of Company.
- Waiver. The failure of either you or us to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by the relevant party.
- Severability. If any provision of this Agreement or any guidelines is held to be unlawful, void, or for any reason unenforceable, then for both you and us that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
- Assignment. This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
- Survival. Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
- Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and will not be deemed to limit or affect any of the provisions of it.
- Entire Agreement. This Agreement, together with any other relative documents and guidelines, is the entire agreement between you and Company relating to the subject matter herein and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to this Agreement or Guidelines made by Company as set forth in Section 8 above.
- Claims. If You disagree with the above, We encourage you contact us as soon as possible after you start using the BOOSTY Platform at email@example.com since otherwise they will be binding on you after a reasonable time period (usually 30 days unless there are exceptional circumstances).
- Part of the DA Platform. Notwithstanding anything to the contrary, the Boosty Platform is the part of the Donation Alerts Platform accessible at http://www.donationalerts.ru/ (“DA Platform”). All matters not governed herein shall be regulated by the terms and conditions of the DA Platform, accessible at its web-site. In case of any discrepancies between the terms of the DA Platform and this Agreement, the terms and conditions of this Agreement shall prevail.
- YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BOOSTY PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- The BOOSTY Platform is offered by My.com B.V. (hereinbefore referred to as “Company”), located at: Barbara Strozzilaan 201, 1083 HN, Amsterdam, the Netherlands.
- You may register your own cell phone number in your account. Such registration shall mean your full consent to SMS receiving from Company. You shall have an opportunity to change such SMS settings in your account. Mentioned functionality may be provided by MY.COM B.V. at any time.
- Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only.
© My.com B.V. | 2021