Terms of Use for Devotees
BY USING OUR WEBSITE AS A DEVOTEE YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
1. Introduction: These Terms of Use for Devotees are additional terms which apply if you use Sharemypleasure.com as a Devotee (also referred to as "you" and "your" in these Terms of Use for Devotees). These Terms of Use for Devotees form part of your agreement with us.
2. Interpretation: In these Terms of Use for Devotees, 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 Sharemypleasure.com: The following terms will also apply to your use of Sharemypleasure.com 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 what you can and can't do on Sharemypleasure.com;
d. Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of Sharemypleasure.com, and how we will deal with that complaint;
e. The Standard Contract between Devotee and Creator – which does not form part of your agreement with us, but which governs and sets out the terms applicable to each Devotee/Creator Transaction you enter into on Sharemypleasure.com;
4. Other terms which may apply to your use of Sharemypleasure.com: The following additional terms may apply to your use of Sharemypleasure.com:
a. If you are also a Creator, the Terms of Use for Creators will apply to your use of Sharemypleasure.com as a Creator;
b. If you are a Creator 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 Sharemypleasure.com referral program, the Referral Program Terms will apply to your use of the Sharemypleasure.com 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 such other information or verification records as we require.
d. you are permitted by the laws of the country or State/province where you are located to join Sharemypleasure.com 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 Sharemypleasure.com which you wish to view and to use any functionality provided by Sharemypleasure.com 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 Devotee on Sharemypleasure.com:
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 Sharemypleasure.com:
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 Sharemypleasure.com
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 for and do not endorse any aspect of any Content posted by you or any other User of Sharemypleasure.com. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
7. Adult material: You acknowledge that you are aware that some of the Content on Sharemypleasure.com 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 Devotees: This section describes the terms which apply to Devotee/Creator Transactions:
a. All Devotee/Creator Transactions are contracts between Devotees and Creators on the terms of the Standard Contract between Devotee and Creator. Although we facilitate Devotee/Creator Transactions by providing the Sharemypleasure.com platform and storing Content we are not a party to the Standard Contract between Devotee and Creator or any other contract which may exist between a Devotee and Creator, and are not responsible for any Devotee/Creator Transactions.
b. Creators are solely responsible for determining (within the parameters for pricing on Sharemypleasure.com) the pricing applicable to Devotee/Creator Transactions and the Content to which you may be given access. All prices appear in USD only.
c. Devotee Payments are exclusive of VAT, which shall be added at the current rate as applicable to Devotee Payments.
d. To be able to enter into a Devotee/Creator Transaction with a particular Creator, you must first add a payment card to your account and then click the 'Subscribe' button on the relevant Creator'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 Devotee Payment. All Devotee Payments will be charged in USD. 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 Devotee 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 Devotee Payment.
g. The payment provider will take (i) periodic payments from your payment card for Devotee Payments which are Subscriptions; and (ii) immediate payments from your payment card for Devotee Payments other than Subscriptions (including any tips paid by you to a Creator). 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 Creator'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 turned off the "Auto-Renew" switch located on the relevant Creator's profile. This means that if you want to stop subscribing to a Creator's profile and paying continuing monthly subscription charges, you will need to turn off the "Auto-Renew" switch located on the relevant Creator's profile.
i. If you cancel a Subscription you will continue to be permitted to view the relevant Creator'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 Creator's profile (unless you choose to pay for a new Subscription to that Creator’s profile), and you will no longer be able to view the relevant Creator's Content.
j. You agree that you will not make unjustified requests for a refund in respect of any Devotee/Creator Transaction or tip to a Creator, or unjustified chargeback requests of your payment card provider in relation to any Devotee/Creator Transaction or tip to a Creator. 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.
k. Wallet credits: You can prepay an amount on Sharemypleasure.com (known as "Wallet Credits") which you can later use to make Devotee Payments. Purchases on Sharemypleasure.com cannot be divided - if you attempt a purchase that costs more than the total amount of your remaining Wallet Credits, your payment card will be charged the full amount for that purchase. Wallet Credits are subject to a maximum amount as determined by us from time to time. Interest will not accrue on Wallet Credits. Wallet Credits are non-refundable, which means that you are not entitled to a refund of any unused Wallet Credits.
9. Suspension of your User account: If we suspend your User account in accordance with our rights under the Terms of Service, then any Devotee 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.