TERMS OF USE FOR ALL USERS

BY USING OUR WEBSITE, MOBILE APPLICATION. AND CREATOR STUDIO, YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY - Updated: May 2021

  • Introduction: These Terms of Use for all Users govern your use of PopSpot and your agreement with us.
  • Interpretation: In the Terms of Service:
    • we refer to our website and App as "PopSpot", including when accessed via the URL www.PopSpot.com or via any web browser or any app store;
    • references to "we", "our", "us" are references to Popspot OÜ, the operator of PopSpot;
    • "Content" means any material uploaded to PopSpot by any User (whether a Creator 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;
    • "Creator" means a User who has set up their PopSpot account as a Creator account to post Content on PopSpot to be viewed by other Users;
    • "Fan" means a User who follows a Creator and is able to view the Creator's Content;
    • "Fan Payment" means any and all payments made by a Fan to a Creator, including payments for access to a Creator's Content, for interaction with the Creator, to procure new Content from the Creator, to subscribe to the Creator's account, to use the fan interaction function on the Creator's account, and any tips paid by a Fan to the Creator;
    • "Standard Contract between Fan and Creator" means the terms which govern each transaction between a Fan and a Creator on PopSpot, which can be found in Terms of Service.
    • "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 Creators, (iv) Privacy Policy, (v) Acceptable Use Policy, (vi) Complaints Policy, and
    • "User" means any user of PopSpot, whether a Creator or a Fan or both (also referred to as "you" or "your").
  • Who we are and how to contact us: PopSpot is operated by Popspot OÜ. We are a limited company registered in Estonia, with company registration number 16196821 and we have our registered office address at Parda 8, Tallinn, 10151, Estonia. To contact us with any questions about PopSpot, please email our support team at support@popspot.com.
  • 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:
    • to reflect changes in laws and regulatory requirements which apply to PopSpot and the services, features and programs of PopSpot where such changes require PopSpot to change its terms and conditions in a manner which does not allow us to give reasonable notice to you; and
    • to address an unforeseen and imminent danger related to defending PopSpot, Fans or Creators 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 PopSpot, 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 PopSpot.

  • We may make changes to or suspend or withdraw PopSpot: We may update and change PopSpot from time to time for any reason, including to reflect changes to our services, Users' needs and our business 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 PopSpot, 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 PopSpot for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.
  • Registering with PopSpot: To use PopSpot you must first register and create a User account on PopSpot. You must provide a valid email address, a username, and a password or authenticate using other social login solutions. Your password should be unique (meaning that it is different from those you use for other websites) and must comply with the technical requirements of the PopSpot site for the composition of passwords. To register as a User:
    • you must be at least 13 years old,
    • 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 13 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
    • you must not be barred from accessing our platform under any laws which apply to you.

    If you do not meet the above requirements, you must not access or use PopSpot.

  • Your commitments to us: When you register with and use PopSpot, you make the following commitments to us:
    • If you previously had an account with PopSpot, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
    • You will make sure that all information which you submit to us is truthful, accurate and complete.
    • You will update promptly any of your information you have submitted to us as and when it changes.
    • You consent to receiving communications from us electronically, including by emails and messages posted to your PopSpot account, and to the processing of your personal data as more fully detailed in our Privacy Policy.
    • 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 support@PopSpot.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.
    • You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.
    • 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 PopSpot.
  • Rights we have, including to suspend or terminate your account:
    • We can but we are not obligated to moderate or review any of your Content to verify compliance with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law.
    • It is our policy to suspend access to any Content you post on PopSpot 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 support@PopSpot.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.
    • If we suspend access to or delete any of your Content, we will notify you via email or electronic message to your PopSpot account, but we are not obligated to give you prior notice of such removal.
    • We reserve the right in our sole discretion to terminate your agreement with us and your access to PopSpot for any reason by giving you 30 days’ notice by email or electronic message to your PopSpot account. We can also suspend access to your User account or terminate your agreement with us and your access to PopSpot 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 PopSpot.

    If we suspend access to your User account or terminate your agreement with us and your access to PopSpot 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 Creator Earnings due to you but not yet paid out in accordance with section 13 of the Terms of Use for Creators.

    • 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 PopSpot for you to be able to access your Content following termination of your account.
    • We can investigate any suspected or alleged misuse, abuse, or unlawful use of PopSpot and cooperate with law enforcement agencies in such investigation.
    • We can disclose any information or records in our possession or control about your use of PopSpot to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, or in response to a court order.
    • We can change the third-party payment providers that we use and if we do so, we will notify you and store applicable details on your PopSpot account.
    • Other than Content (which is owned by or licensed to Creators), all rights in and to PopSpot 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.
    • We are the sole and exclusive owners of any and all anonymised data relating to your use of PopSpot and such anonymised data can be used by us for any purpose, including for commercial, development and research purposes.
  • What we are not responsible for: We will use reasonable care and skill in providing PopSpot to you, but there are certain things which we are not responsible for, as follows:
    • We do not authorize or approve Content on PopSpot, and views expressed by Creators or Fans on PopSpot do not necessarily represent our views.
    • We do not grant you any rights in relation to Content. Any such rights may only be granted to you by Creators.
    • 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 PopSpot, 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 PopSpot.
    • All Content is created, selected and provided by Users and not by us. We are not responsible for reviewing or moderating Content, and we do not select or modify the Content that is stored or transmitted via PopSpot. We are under no obligation to monitor Content or to detect breaches of the Terms of Service (including the Acceptable Use Policy).
    • You agree that you have no obligation to follow any suggestions, comments, reviews or instructions received from another User of PopSpot and that if you choose to do so, you do so entirely at your own risk.
    • We make no promises or guarantees of any kind that Creators or Referring Users will make a particular sum of money (or any money) from their use of PopSpot (including the PopSpot Referral Program).
    • The materials which we make accessible on PopSpot 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.
    • We do not promise that PopSpot is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access PopSpot. You should use your own virus protection software.
    • 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 PopSpot.
    • While we try to make sure that PopSpot 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 Creators.
    • 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.
    • You acknowledge that once your Content is posted on PopSpot, 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.
  • Intellectual property rights – ownership and licenses:
    • 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 PopSpot is accessible and, in particular, in the United States of America, the United Kingdom and the European Union.
    • 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 PopSpot. 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.
    • 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 PopSpot, 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 PopSpot, as well as to use your Content for other normal operations of PopSpot. 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.
    • 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.
    • 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 PopSpot. 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.
  • Facebook: Users have the facility to connect an active Facebook account to their PopSpot account and to share certain Content in the form of PopSpot posts to Facebook using the share feature. If you use this feature, you must fully comply with Facebook’s terms of service from time to time in respect of any Content shared in this way.
  • Linking to and from PopSpot:
    • Links to PopSpot:

      • You may link to the PopSpot 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 Creator, when promoting your Creator 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 Creator account. When promoting your Creator account, you must not impersonate PopSpot or give the impression that your Creator account is being promoted by us if this is not the case. You must not promote your PopSpot account by using Google Ads or any similar advertising platform or search engine advertising service.

    • Links from PopSpot:

      • If PopSpot 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 PopSpot, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  • How do I delete my account? If you want to delete your PopSpot account then you may do so in the 'User Account' section of your PopSpot account.
    • If you are a Fan, the deletion of your account will take place within a reasonable time following your request.
    • If you are a Creator, 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.
    • If you are both a Fan and a Creator then your account will be deleted in two stages (Fan first and then Creator).
    • Once your account has been deleted you won't be charged any further amounts or have access to your former PopSpot 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 PopSpot for you to be able to access your Content following termination of your account.
  • Who is responsible for any loss or damage suffered by you?
    • 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.
    • 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 PopSpot.
      • 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.
      • 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 PopSpot 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:
            • your inability to use PopSpot or any of its services, features or programs; or
            • your use of or reliance on any content (including Content) stored on PopSpot;
          • won't be liable to you for any:
            • loss of profits;
            • loss of sales, business, or revenue;
            • business interruption;
            • loss of anticipated savings;
            • loss of business opportunity, goodwill or reputation;
            • loss of data or information, including any Content; or
            • 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, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of PopSpot 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 PopSpot; and
        • EUR 5,000.
  • General: You agree that:
    • If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
    • If we fail to enforce any aspect of your agreement with us, it will not be a waiver;
    • We reserve all rights not expressly granted to you.
    • No implied licenses or other rights are granted to you in relation to any part of PopSpot, save as expressly set out in the Terms of Service.
    • Your agreement with us does not give rights to any third parties, except that the exclusions and limitations of liability in the section entitled Who is responsible for any loss or damage suffered by you? may be enforced by our subsidiary companies, employees, owners, representatives and agents.
    • You cannot transfer your rights or obligations under your agreement with us without our prior written consent.
    • 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 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.
    • The Terms of Service form the entire agreement between us and you regarding your access to and use of PopSpot, and supersede any and all prior oral or written understandings or agreements between us and you.
  • Terms relating to disputes – the law which applies to your agreement with us and where disputes and claims concerning PopSpot (including those arising from or relating to your agreement with us) can be brought:
    • For consumers (Fans):
      • Consumers - Law:
        • If you are a consumer, your agreement with us is governed by Estonian law and Estonian law will apply to any claim you have against us or we have against you that arises out of or in connection with your agreement with us (including 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 arising out of or in connection with your agreement with us (whether by you against us or us against you, and including non-contractual disputes or claims) may be brought in the court of Estonia 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 arising out of or in connection with your agreement with us (whether by you against us or us against you, and including non-contractual disputes or claims) must be brought in the court of Estonia.
    • For business Users (Creators and Referring Users):
      • Business Users – Law:
        • If you are a business User, your agreement with us, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by Estonian law, 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 court of Estonia shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) which you have against us or we have against you arising out of or in connection with your agreement with us or its subject matter or formation.
    • Limitation period for bringing claims: Except where prohibited by applicable law, any claim or cause of action which you have concerning PopSpot (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.
  • 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:
    • Terms of Use for Fans – which contain additional terms which apply if you use PopSpot as a Fan;
    • Terms of Use for Creators – which contain additional terms which apply if you use PopSpot as a Creator;
    • Privacy Policy – which applies to all Users and tells you how we use your personal data and other information we collect about you;
    • Standard Contract between Fan and Creator - which sets out the terms which govern each transaction between a Fan and a Creator on PopSpot.
    • Acceptable Use Policy which applies to all Users and tells you what you can and can’t do on PopSpot;
    • Complaints Policy - which sets out the procedure for making a complaint about any aspect of PopSpot, and how we will deal with that complaint; and
    • Platform to Business Regulation Terms – which contain additional terms which apply to Creators who are established or resident in the European Union or the United Kingdom.

    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 (g) above, the Terms of Use for all Users will apply to the extent of the conflict.

TERMS OF USE FOR FANS

BY USING OUR WEBSITE OR MOBILE APPLICATION AS A FAN YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY - Updated: May 2021

  • Introduction: These Terms of Use for Fans are additional terms which apply if you use PopSpot 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.
  • 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:
    • "Subscription" means a Fan's monthly subscription to a Creator’s account;
    • "VAT" means Estonian 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
    • "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 Estonia or any other jurisdiction.
  • Other terms which will apply to your use of PopSpot: The following terms will also apply to your use of PopSpot and you agree to them:
    • Our Terms of Use for all Users;
    • Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
    • Our Acceptable Use Policy – which tells you what you can and can't do on PopSpot;
    • Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of PopSpot, and how we will deal with that complaint; and
    • The Standard Contract between Fan and Creator – which does not form part of your agreement with us, but applies to each transaction you enter into with any Creator and sets out the terms on which you will contract with Creators.
  • Other terms which may apply to your use of PopSpot: The following additional terms may apply to your use of PopSpot:
    • If you are also a Creator, the Terms of Use for Creators will apply to your use of PopSpot as a Creator;
    • 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;
  • Your commitments to us: You warrant (which means you make a legally enforceable promise) that:
    • you are not be barred from accessing PopSpot under any laws which apply to you.
  • 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 PopSpot:
    • 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 PopSpot:
      • the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
      • you either own your Content (and all intellectual property rights in it) or have a valid license to your Content; and
      • 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 PopSpot.
    • 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.
    • We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of PopSpot. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
  • Adult material: You acknowledge that you are aware that some of the Content on PopSpot may contain 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 that 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.
  • Subscriptions and purchases by Fans: This section describes the terms which apply to transactions and interactions between Fans and Creators:
    • All transactions and interactions facilitated by PopSpot are contracts between Fans and Creators on the terms of the Standard Contract between Fan and Creator. Although we facilitate transactions and interactions between Fans and Creators by providing the PopSpot platform, storing Content, and acting as a payment intermediary, we are not a party to the Standard Contract between Fan and Creator or any other contract which may exist between a Fan and Creator, and are not responsible for any transactions or interactions between Fans and Creators.
    • Creators are solely responsible for determining (within the parameters for pricing on PopSpot) the pricing applicable to transactions and interactions and the Content to which you may be given access. All prices appear in EUR or in local currency. Fan Payments include VAT, which must be dealt with accordingly to local laws.
    • To view a Creator's Content and/or utilise the fan interaction function on PopSpot, you must first add a payment card to your account and then click the 'Subscribe' button on the relevant Creator's profile.
    • You authorize us to supply your payment card details to a third-party payment provider for the purpose of processing your Fan Payment. All Fan Payments will be charged in EUR. 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 are not responsible for paying any charges or fees imposed by your payment card provider or bank.
    • 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.
    • The payment provider will take (i) monthly payments from your payment card for Fan Payments which are Subscriptions; and (ii) immediate payments from your payment card for ad hoc Fan Payments such as use of the fan interaction function on a Creator's account, other purchases, or paying a tip to the Creator. You authorize and consent to each of these payments being debited using your supplied payment card details.
    • All Subscriptions to a Creator's profile will automatically renew at the end of the monthly subscription period, except if your payment card was declined, the subscription price has increased for you, or the creator has stopped subscription.
    • 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, and you will no longer be able to view the relevant Creator's Content.
    • You agree that you will not make unjustified requests for a refund from any Creator which you follow, or unjustified chargeback requests of your payment card provider in relation to any transaction between you and 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.
  • 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.
  • Deletion of your Users account: in any case where your account is deleted, either by yourself or by PopSpot, access to all relevant creators content and all fan payments will be stopped immediately. You agree that you’re not eligible to refund for any fan payments when your account is deleted either by yourself through account settings or by PopSpot in accordance with PopSpot’s Terms of Service.

    TERMS OF USE FOR CREATORS

    BY USING OUR WEBSITE OR APPLICATION AS A CREATOR YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY - Updated: May 2021

    • Introduction: These Terms of Use for Creators are additional terms which apply if you use PopSpot as a Creator (also referred to as "you" and "your" in these Terms of Use for Creators). These Terms of Use for Creators form part of your agreement with us.
    • Interpretation: In these Terms of Use for Creators, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
      • "Person with Majority Control" means any individual who meets one or both of the following conditions in relation to a corporate entity:
        • the individual holds, directly or indirectly, more than 50% of the shares in the corporate entity;
        • the individual holds, directly or indirectly, more than 50% of the voting rights in the corporate entity;
      • "VAT" means Estonian 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
      • "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 Estonia or any other jurisdiction.
    • Other terms which will apply to your use of PopSpot: The following terms will also apply to your use of PopSpot and you agree to them:
      • Our Terms of Use for all Users;
      • Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
      • Our Acceptable Use Policy – which tells you what you can and can’t do on PopSpot;
      • Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of PopSpot, and how we will deal with that complaint; and
      • The Standard Contract between Fan and Creator – which does not form part of your agreement with us, but sets out the agreement between you and your Fans for each transaction between you and them.
    • Other terms which may apply to your use of PopSpot: The following additional terms may apply to your use of PopSpot:
      • 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;
      • If you are also a Fan, the Terms of Use for Fans will also apply to your use of PopSpot as a Fan; and
    • What are the fees that we charge Creators for the use of PopSpot? We charge a fee to you of five percent (5%) of all Fan Payments made to you (exclusive of any VAT element of the Fan Payment) (called Platform fee). The remaining ninety-five percent (95%) of the Fan Payment (exclusive of any VAT element of the Fan Payment) is payable to you (called "Creator Earnings"). Platform Fee includes our costs of providing, maintaining, and operating PopSpot and storing your Content. Our Fee is deducted from the Fan Payment, and Creator Earnings are paid to you in the way described in the Payouts to Creators section below.
    • How to set up your account as a Creator account after verification: To set up your account as a Creator account:
      • You will need to perform the Stripe Connect process.
      • You may also need to submit additional information depending on the country where you live.
      • We may ask you for additional age or identity verification information at any time. We may reject your application to set up a Creator account for any reason.
      • Once you have set up your account as a Creator 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 of 1-50EUR
      • You will then be able to start adding Content and Users will be able to subscribe to your account to become your Fans.
      • 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.
    • Agencies cannot be Creators: Every Creator is the owner of their own account and must have access to their account at all times. If you have an agent or agency which assists you with the operation of your Creator account (or operates it on your behalf), this does not affect your personal legal responsibility. Our relationship is with you, and not your agent or agency, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms of Service.
    • Creators who use corporate entities: If you set up a corporate entity to receive your Creator Earnings, you must provide evidence to us on request that you are the Person with Majority Control of that corporate entity. We will only pay your Creator Earnings into a bank account not held in your name where the bank account is held in the name of the corporate entity and you are the Person with Majority Control of that corporate entity. You agree that if you use a corporate entity to receive Creator Earnings you will comply with all laws (including Tax laws) which are applicable to corporate entities in the place where the corporate entity is established.
    • Subscriptions and purchases by Fans: This section describes the terms which apply to transactions and interactions between Fans and Creators:
      • All transactions and interactions facilitated by PopSpot are contracts between Fans and Creators on the terms of the Standard Contract between Fan and Creator. Although we facilitate transactions and interactions between Fans and Creators by providing the PopSpot platform, storing Content, and acting as a payment intermediary, we are not a party to the Standard Contract between Fan and Creator or any other contract which may exist between a Fan and Creator, and are not responsible for any transactions or interactions between Fans and Creators.
      • Fan Payments are exclusive of VAT, which shall be added at the current rate as applicable to Fan Payments.
      • When a Fan has made the required payment for access to your Content, for the provision of customised Content or for use of the fan interaction function on your account, you must allow the Fan to view the Content paid for and/or provide the customised Content and/or allow 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).
    • 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 Creator on PopSpot:
      • Your Content is not confidential, and you authorize your Fans to access and view your Content on PopSpot for their own lawful and personal use, and in accordance with any licenses that you grant to your Fans.
      • 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 PopSpot:
        • the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
        • you hold all rights necessary to license and deal in your Content on PopSpot, including in each territory where you have Fans and in the Estonia;
        • 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;
        • 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 PopSpot; and
        • the Content is:
          • 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;
          • 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
          • as described by you.
      • You agree that you will be liable to us and indemnify us if any of the warranties at section 10(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.
      • We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of PopSpot. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
      • You also agree to act as custodian of records for the Content that you upload to PopSpot.
    • Co-authored Content:
      • If you upload Content to your Creator 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) that each individual shown in any Co-Authored Content uploaded to your account:
        • has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and
        • has consented to the Co-Authored Content in which he or she appears being posted on PopSpot.
      • In addition to the confirmations in section 11(a) above, you agree that if you upload Co-Authored Content where the other person or people appearing in the Content can be identified from the Content, you will tag the PopSpot account(s) of any person or people appearing in the Co-Authored Content who can be identified from it.
      • 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 PopSpot.
      • You agree that we will only pay out Creator Earnings to the account of the Creator to which the Co-Authored Content is uploaded. The Creator who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the Creators shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between Creators, and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Creator Earnings earned on any Co-Authored Content in which you appear but which is posted on another Creator’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 Creator, terminate your account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.
      • 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 Creator(s) who posted Co-Authored Content or appeared in the Co-Authored Content (as applicable).
    • Payouts to Creators:
      • All Fan Payments will be received by a third-party payment provider approved by us.
      • If you have chosen the Stripe Payout Option, we will ensure that Stripe, acting as our payment provider, will collect the Fan Payment and:
        • pay Our Fee on the Fan Payment to an account held in our name; and
        • pay the Creator Earnings to your bank account or the bank account of a corporate entity in which you are a Person with Majority Control (see section 8 above).
      • Where Stripe is not the Payout Option chosen by you, we will receive the Fan Payment in full from the relevant payment provider. We will deduct Our Fee from the Fan Payment and then will hold the Creator Earnings on your behalf in our capacity as your agent.
      • Your PopSpot account will be updated within a reasonable time with your Creator Earnings. Your Creator Earnings will become available for withdrawal by you from your PopSpot account once such Creator Earnings appear in your PopSpot account.
      • To make a withdrawal of Creator Earnings from your PopSpot account, you must have at least the minimum payout amount in your PopSpot account. Please click on the Banking page on your account to see what the minimum payout amount is for your country of residence and Payout Option.
      • The amount that you see in your ‘current balance’ in your PopSpot account is your Creator Earnings at the relevant time. All Fan Payments and Creator Earnings are transacted in EUR only. If you have chosen the “Stripe” Payout Option then the Fan Payments and Creator Earnings figures will be reflected in your local currency, at an exchange rate controlled by Stripe. 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 are not responsible for paying any charges imposed by your bank or your e-wallet company.
      • If a Fan successfully seeks a refund or chargeback from their credit card provider in respect of a Fan Payment, we may investigate and may decide to deduct from your account an amount equal to the Creator Earnings earned by you on the charged-back or refunded amount.
      • Except for Payout Options involving payment by direct bank transfer from us, we do not store any data disclosed by you when you register your Payout Options with a third-party payment provider.
    • Circumstances in which we may withhold Creator Earnings:
      • We may withhold all or any part of the Creator Earnings 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 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
        • if we suspect that all or any part of the Creator Earnings result from unlawful activity, either by you or by the Fan who made the Fan Payment resulting in the Creator 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 Creator Earnings result from unlawful activity, we may notify you that you have forfeited your Creator Earnings.

      • We shall not have any responsibility to you if we withhold or forfeit any of your Creator Earnings where we have a right to do so under these Terms of Use for Creators.
      • If we are withholding all or any part of the Creator Earnings due to you and we determine that part of the Creator Earnings withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful activity, then we may pay to you the part of the Creator - Earnings which we determine to be unrelated to breaches by you of the Terms of Service or suspected unlawful 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 Creator Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.
      • If once we have finished our investigation we determine that Creator Earnings are forfeited, we will use our best efforts to return any Fan Payments which resulted in forfeited Creator Earnings to the relevant Fans who paid such Fan Payments.
    • Promoting Tax compliance and VAT:
      • General:
        • We recommend that all Creators seek professional advice to ensure you are compliant with your local Tax and VAT rules, based on your individual circumstances.
        • By using PopSpot as a Creator, 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 PopSpot to the relevant Tax authority in your jurisdiction, as required by law.
        • By using PopSpot as a Creator 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 PopSpot 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:
          • notify us by email to Support@PopSpot.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
          • promptly provide us by email to support@PopSpot.com with:
            • 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
            • such other information in relation to the occurrence of the Tax non-compliance as we may reasonably require.
        • For the avoidance of doubt, you are responsible for your own Tax affairs and PopSpot is not responsible or liable for any non-payment of Tax by Creators.
        • We reserve the right to close your PopSpot account if we are notified of or become aware of any Tax non-compliance by you.

    PRIVACY POLICY

    BY USING OUR WEBSITE OR MOBILE APPLICATION YOU AGREE TO THIS POLICY – PLEASE READ IT CAREFULLY - Updated: May 2021

    • OVERVIEW

      PopSpot OÜ and its subsidiaries (collectively, “PopSpot,” “we,” “us,” “our”) respect your privacy and are committed to protecting the personal data we hold about you. If you have questions, comments, or concerns about this Privacy Notice or our processing of personal data, please see the bottom of this Privacy Notice for information about how to contact us. PopSpot is the data controller of the personal data collected, and is responsible for the processing of your personal data.

      PopSpot is a social network which enables users to share their content; other users to enjoy content and for some to do both. We refer to those users who share content as “Creators” and those users who pay to view Creators’ content as “Fans”. This Privacy Notice explains our practices with respect to personal data we collect and process about you. This includes information we collect through, or in association with, our website located at www.popspot.com, our services that we may offer from time to time via our website, our related social media sites (Facebook and Youtube), or otherwise through your interactions with us (the website, our social media pages, and services, collectively, the “Services”). You are obligated to follow privacy policy of Social networks used to sign in and privacy policy of Stripe.

      Please review the following to understand how we process and safeguard personal data about you. By using any of our Services, whether by visiting our website or otherwise, and/or by voluntarily providing personal data to us, you acknowledge that you have read and understand the practices contained in this Privacy Notice. This Privacy Notice may be revised from time to time, so please ensure that you check this Privacy Notice periodically to remain fully informed.

    • PERSONAL DATA WE COLLECT

      We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal data”). In addition, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and is not personal data. To the extent this data is stored or associated with personal data, it will be treated as personal data; otherwise, the data is not subject to this Privacy Notice.

      • Categories of Personal Data We Collect.

        The types of personal data we collect about you depends on your interactions with us and your use of the Services. In the past twelve (12) months, we collected the below categories of personal data from our users:

        • Identifiers such as a real name, alias, internet protocol address, email address, account name, and Stripe Id.
        • Personal information categories listed in the California Customer Records statute (Cal. Civ. Code 1798.80(e)).
        • Characteristics of protected classifications under California or federal law.
        • Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
        • Biometric information. Note: While we do not collect biometric information, if you choose to authenticate yourself through certain service providers we use, they may collect biometric information subject to their privacy policies, but we are never provided with access to that information.
        • Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.

        We will not collect additional categories of personal data other than those categories listed above. If we intend to collect additional categories of personal data, we will provide you with a new notice at or before the time of collection.

      • How We Use Your Personal Data

        We strive to ensure that the content can be enjoyed by everyone, and to keep the content appropriate, tasteful and lawful. To do that, we collect and process your personal data for the following business and commercial purposes:

        • Developing, improving, operating, providing, predicting, or performing, including maintaining or servicing accounts, enhancing the Services and your experience with them, providing customer service, processing or fulfilling transactions, verifying your identity, and processing payments.
        • Communicating with you by email and text about the Services, verifying your identity, responding to support inquiries or, sharing information about the Services.
        • Auditing related to a current interaction with the user and concurrent transactions.
        • Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
        • Debugging to identify and repair errors that impair existing intended functionality.
        • Undertaking activities to verify or maintain the quality or safety of the Services owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the Services owned, manufactured, manufactured for, or controlled by us.
        • Complying with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, or for other purposes, as permitted or required by law.
        • Enforcing our Terms of Service and other usage policies.
        • As necessary or appropriate to protect the rights, property, and safety of our users, us, and other third parties. We will not use the personal data we collected for materially different, unrelated, or incompatible purposes without providing you with notice and obtaining your consent.
      • How We Obtain Your Personal Data

        We collect your personal data from the following categories of sources:

        • Directly from you. When you provide it to us directly to open an account and use the Services, or when you update the information in your account (see the “Accessing, Modifying, Rectifying, and Correcting Collected Personal Data” section below for more information).
        • Automatically or indirectly from you. For example, through and as a result of your use of and access to the Services. We also collect IP addresses and browser types from the devices you use.
        • From our service providers.
      • Legal Bases for Processing

        We process personal data for, or based on, one or more of the following legal bases:

        • Performance of a Contract. By using the Services, you have contracted with us through the Terms of Service, and we will process certain personal data to perform under that contract.
        • Legitimate Interests. We may process personal data for our legitimate interests, including complying with any applicable law, rule or regulation, investigation or remedy; enforcing our Terms of Service; protecting our, our users' or others' rights, property and safety; and detecting and resolving any fraud or security concerns.
        • Compliance with Legal Obligations and Protection of Individuals. We may process personal data to comply with our legal obligations, including as required by valid legal process, governmental request, and to protect those individuals who use our Services and others.
      • Who We Share Your Personal Data With

        We share personal data with the following categories of third parties:

        • Our service providers.
        • Our affiliated entities.
        • Government agencies or regulators when permitted or required to do so by law; in response to a request from a law enforcement agency or authority or any regulatory authority; and/or to protect the integrity of the Services or our interests, rights, property, or safety, and/or that of our users and others.
      • Personal Data We Share

        In the past twelve (12) months, we shared with the following categories of third parties the following categories of personal data for a business purpose:

        • Identifiers (e.g. name, user id, creator id, username, email address, IP address): Service providers.
        • Identifiers (e.g. account name): Other Creators and Fans.
    • YOUR RIGHTS REGARDING PERSONAL DATA

      You have certain rights regarding the collection and processing of personal data. You may exercise these rights, to the extent they apply to you, by contacting us at the information provided at the end of this Privacy Notice, or by following instructions provided in this Privacy Notice or in communications sent to you.

      • Your rights vary depending on the laws that apply to you, but may include:

        • The right to know whether, and for what purposes, we process your personal data;
        • The right to be informed about the personal data we collect and/or process about you;
        • The right to learn the source of personal data about you we process;
        • The right to access, modify, and correct personal data about you (see the “Accessing, Modifying, Rectifying, and Correcting Collected Personal Data” section below for more information);
        • The right to know with whom we have shared your personal data with, for what purposes, and what personal data has been shared (including whether personal data was disclosed to third parties for their own direct marketing purposes);
        • The right to withdraw your consent, where processing of personal data is based on your consent; and
        • The right to lodge a complaint with a supervisory authority located in the jurisdiction of your habitual residence, place of work, or where an alleged violation of law occurred.

        See “Your California Privacy Rights”, “Your Nevada Privacy Rights”, and “Your European Union and UK Privacy Rights”, for more information about certain legal rights.

      • Accessing, Modifying, Rectifying, and Correcting Collected Personal Data

        We strive to maintain the accuracy of any personal data collected from you, and will try to respond promptly to update our records when you tell us the information in our records is not correct. However, we must rely upon you to ensure that the information you provide to us is complete, accurate, and up-to-date, and to inform us of any changes. Please review all of your information carefully before submitting it to us. Any updates or corrections to your information may be made through your account settings. Depending on the laws that apply to you, you may obtain from us certain personal data in our records. If you wish to access, review, or make any changes to personal data you have provided to us through the Services, please contact us at the information provided at the end of this Privacy Notice. We reserve the right to deny access as permitted or required by applicable law.

      • Your California Privacy Rights

        California’s “Shine the Light” law, permits our users who are California residents to request and obtain from us a list of what personal data (if any) we disclosed to third parties for their own direct marketing purposes in the previous calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to the email address below, and are free of charge. However, we do not disclose personal data protected under the “Shine the Light” law to third parties for their own direct marketing purposes.

      • The California Consumer Privacy Act (“CCPA”) provides our users who are California residents the following additional rights:

        • Right to Know: You have the right to request that we disclose certain information to you about the personal data we collected, used, disclosed, and sold about you in the past 12 months. This includes a request to know any or all of the following:

          • The categories of personal data collected about you;
          • The categories of sources from which we collected your personal data;
          • The categories of personal data that we have sold or disclosed about you for a business purpose;
          • The categories of third parties to whom your personal data was sold or disclosed for a business purpose;
          • Our business or commercial purpose for collecting or selling your personal data; and
          • The specific pieces of personal data we have collected about you.

        • Data Portability: You have the right to request a copy of personal data we have collected and maintained about you in the past 12 months.
        • Right to Deletion: You have the right to request that we delete the personal data we collected from you and maintained, subject to certain exceptions. Please note that if you request deletion of your personal data, we may deny your request or may retain certain elements of your personal data if it is necessary for us or our service providers to:
          • Complete the transaction for which the personal data was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between our business and you.
          • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
          • Debug to identify and repair errors that impair existing intended functionality.
          • Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
          • Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
          • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
          • To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
          • Comply with a legal obligation.
          • Otherwise use the personal data, internally, in a lawful manner that is compatible with the context in which you provided the information.
        • Right to Opt-Out/In: You have the right to opt-out of the sale of your personal data. You also have the right to opt-in to the sale of personal data. However, we do not sell your personal data.
        • Right to Non-Discrimination: You have the right not to receive discriminatory treatment by us for the exercise of your CCPA privacy rights. Unless permitted by the CCPA, we will not:
          • Deny you goods or services.
          • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
          • Provide you a different level or quality of goods or services.
          • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

        To exercise your California privacy rights described above, please submit a verifiable request to us by emailing us at support@PopSpot.com.

        If you have an account with us and want to exercise any of the rights described above, please submit a verifiable request to us by emailing us at support@PopSpot.com. Only you, or a person authorized by you to act on your behalf, may make a verifiable consumer request related to your personal data.

        You may only make a verifiable consumer request for Right to Know or Data Portability twice within a 12-month period. The verifiable consumer request must: Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal data or an authorized representative. Depending on the nature of the request, we may need to verify your identity through an additional verification cycle.

        • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
        • We may deny your request if we are unable to verify your identity or have reason to believe that the request is fraudulent.
        Consumer Request by an Authorized Agent

        If any authorized agent submits a consumer request on your behalf, in order to confirm that person or entity’s authority to act on your behalf and verify the authorized agent’s identity, we require an email be sent to support@PopSpot.com, along with all of the below items:

        • Proof that you gave the authorized agent signed permission to submit the request.
        • Sufficient information to verify the authorized agent’s identity, depending on the nature of the request.
        • To verify your identity, depending on the nature of the request, we may also require authentication.

        We cannot respond to your request or provide you with personal data if we cannot verify your identity or authority to make the request and confirm the personal data relates to you. Making a verifiable consumer request does not require to create an account with us. However, if you do have an existing login, we will require you to log in to submit a request. We will only use personal data provided in a verifiable consumer request to verify the request’s identity or authority to make the request.

        We will acknowledge receipt of the request within thirty (30) business days of its receipt. We will respond to a verifiable consumer request within sixty (60) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that email or account. If you do not have an account with us, we will deliver our written response electronically. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For Data Portability requests, we will provide the responsive information in a portable and, to the extent technically feasible, in a readily usable format that allows you to transmit the information to another entity without hindrance.

        We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

      • Your Nevada Privacy Rights

        Nevada law permits our users who are Nevada consumers to request that their personal data not be sold (as defined under applicable Nevada law), even if their personal data is not currently being sold. Requests may be sent to support@PopSpot.com, and are free of charge.

      • Your European Union and UK Privacy Rights

        In addition to the above-listed rights, European Union and UK privacy law provides individuals with enhanced rights in respect of their personal data. These rights may include, depending on the circumstances surrounding the processing of personal data:

        • The right to object to decisions based on profiling or automated decision-making that produce legal or similarly significant effects on you;
        • The right to request restriction of processing of personal data or object to processing of personal data carried out pursuant to (i) a legitimate interest (including, but not limited to, processing for direct marketing purposes) or (ii) performance of a task in the public interest;
        • In certain circumstances, the right to data portability, which means that you can request that we provide certain personal data we hold about you in a machine-readable format; and
        • In certain circumstances, the right to erasure and/or the right to be forgotten, which means that you can request deletion or removal of certain personal data we process about you.

        Note that we may need to request additional information from you to validate your request. To exercise any of the rights above, please email us at support@PopSpot.com.

    • YOUR CHOICES

      You have choices about certain information we collect about you, how we communicate with you, and how we process certain personal data. When you are asked to provide information, you may decline to do so; but if you choose not to provide information that is necessary to provide some of our Services, you may not be able to use those Services. At any time, you may permanently delete your account and all of your personal data directly from account settings in the app. In addition, it is possible to change your browser settings to block the automatic collection of certain information.

      • Communications Opt-Out. You may opt out of receiving email communications from us at any time by following the opt-out link or other unsubscribe instructions provided in any email message received, by contacting us as provided at the end of this Privacy Notice, or by changing your notification preferences in account setting. you wish to opt out by sending us an email to the address provided below, please include “Opt-Out” in the email’s subject line and include your name and the email address you used to sign up for communications in the body of the email. Note, that if you do business with us in the future, you may not, subject to applicable law, opt out of certain automated notifications, such as order or subscription confirmations, based on business transactions (e.g., e-commerce).
      • Location Information. If you want to limit or prevent our ability to receive location information from you, you can deny or remove the permission for certain Services to access location information or deactivate location services on your device. Please refer to your device manufacturer or operating system instructions for instructions on how to do this.
      • Cookies and Web Tracking. Consult our Cookie Notice for more information about how to control and/or opt out of certain web tracking technologies.
    • PROTECTING PERSONAL DATA

      We use reasonable and appropriate physical, technical, and organizational safeguards designed to promote the security of our systems and protect the confidentiality, integrity, availability, and resilience of personal data. Those safeguards include: (i) the encryption of personal data where we deem appropriate; (ii) taking steps to ensure personal data is backed up and remains available in the event of a security incident; and (iii) periodic testing, assessment, and evaluation of the effectiveness of our safeguards.

      However, no method of safeguarding information is completely secure. While we use measures designed to protect personal data, we cannot guarantee that our safeguards will be effective or sufficient. In addition, you should be aware that Internet data transmission is not always secure, and we cannot warrant that information you transmit utilizing the Services is or will be secure.

    • RETENTION OF PERSONAL DATA

      We retain personal data for a period of six (6) months after a user closes their account, and certain personal data for longer periods to the extent we deem necessary to carry out the processing activities described above, including but not limited to compliance with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, and to the extent we reasonably deem necessary to protect our and our partners’ rights, property, or safety, and the rights, property, and safety of our users and other third parties. Under applicable law, we are required to retain certain financial information for seven (7) years.

    • OTHER IMPORTANT INFORMATION ABOUT PERSONAL DATA AND THE SERVICES
      • Payment Information. Payments made by Fans to access content are processed by our third party payment providers. For example, when you make a payment that is processed by a payment provider, you will provide that third party with your credit card number, credit card expiration date, and security code, which they process and store subject to their privacy policy and terms of service. We do not receive your full credit card number, credit card expiration date, or the security code. Instead, the payment provider provides us with a “token” that represents your account, your card’s expiration date, card type and the first two and last four digits of your card number. If you are required to provide your name and email address to the payment provider, then they also provide us with that information. Payments issued to Creators for their content are made by third party provider that collects and stores your account information accordingly to their privacy policy and terms of service.
      • Third-Party Websites and Services. As a convenience, we may reference or provide links to third- party websites and services, including those of unaffiliated third parties, our affiliates, service providers, and third parties with which we do business (including, but not limited to, our service providers). When you access these third-party services, you leave our Services, and we are not responsible for, and do not control, the content, security, or privacy practices employed by any third-party websites and services. You access these third-party services at your own risk. This Privacy Notice does not apply to any third-party services; please refer to the Privacy Notices or policies for such third-party services for information about how they collect, use, and process personal data.
      • Business Transfer. We may, in the future, sell or otherwise transfer some or all of our business, operations or assets to a third party, whether by merger, acquisition or otherwise. Personal data we obtain from or about you via the Services may be disclosed to any potential or actual third- party acquirers and may be among those assets transferred.
      • Do Not Track. We currently do not use any cross-site tracking technologies and do not currently process or comply with any web browser’s “do not track” signal or similar mechanisms. Note, however, that you may find information about how to block or reject certain tracking technologies in our Cookie Notice.
      • International Use. Your personal data will be stored and/or processed in the European Union. By your use of the Services, you acknowledge that we will transfer your data to, and store your personal data in, the above countries, which may have different data protection rules than in your country, and personal data may become accessible as permitted by law in the above countries, including to law enforcement and/or national security authorities in the those countries. For transfers of data into and out of the European Economic Area, pursuant to Article 46 of the General Data Protection Regulation, we use data transfer agreements subject to EU-approved standard contractual clauses.
    • MODIFICATIONS AND UPDATES TO THIS PRIVACY NOTICE

      This Privacy Notice replaces all previous disclosures we may have provided to you about our information practices with respect to the Services. We reserve the right, at any time, to modify, alter, and/or update this Privacy Notice, and any such modifications, alterations, or updates will be effective upon our posting of the revised Privacy Notice. We will use reasonable efforts to notify you in the event material changes are made to our processing activities and/or this Privacy Notice, such as by posting a notice on the Services or sending you an email. Your continued use of the Services following our posting of any revised Privacy Notice will constitute your acknowledgement of the amended Privacy Notice.

    • APPLICABILITY OF THIS PRIVACY NOTICE

      This Privacy Notice is subject to the Terms of Service and Acceptable Use Policy that govern your use of the Services. This Privacy Notice applies regardless of the means used to access or provide information through the Services.

      This Privacy Notice does not apply to information from or about you collected by any third-party services, applications, or advertisements associated with, or websites linked from, the Services. The collection or receipt of your information by such third parties is subject to their own privacy policies, statements, and practices, and under no circumstances are we responsible or liable for any third party’s compliance therewith.

    • ADDITIONAL INFORMATION AND ASSISTANCE

      If you have any questions or concerns about this Privacy Notice and/or how we process personal data, please contact us at support@popspot.com.

    COOKIE POLICY

    Updated: May 2021

    • PopSpot OÜ and its subsidiaries (collectively, “PopSpot,” “we,” “us,” “our”) respect your privacy and are committed to protecting the personal data we hold about you. By using our website located at www.popspot.com (the “Services”) with your browser set to accept cookies, you consent to our use of cookies and other technologies to provide the Services to you as described in this notice and in our Privacy Notice. For more information about what cookies and pixel tags are, what they do, and how you can opt out of, manage, or delete them, please review this Cookie Notice.
    • WHAT ARE COOKIES?

      “Cookies” are small strings of text or computer code stored locally on your device that allow us, ad networks, and our third-party service providers, to identify your browser and/or device as you browse the Internet. Cookies can be placed, read, and/or written to by our Services, or other websites or services that recognize a particular cookie, which allows the website to “remember” or “recognize” a particular browser or device and, in some cases, store information about that browser or device.

      Certain types of cookies or cookie-like functionality may be placed or activated through browser add-ons, including, but not limited to, Adobe Flash. While these cookies are stored differently, their functionality and purpose is generally similar to other cookies.

      For more information about cookies, please see www.allaboutcookies.org.

    • HOW LONG ARE COOKIES STORED ON MY SYSTEM?

      Session Cookies. “Session cookies” are stored for the duration of a browser session; when you close the browser, the cookie is deleted.

      Persistent Cookies. “Persistent cookies” are stored for a preset amount of time (often between 90 days and two years, depending on the application) and are typically not deleted when a browser session is closed.

      Your choices may affect whether we use session or persistent cookies for a particular application. For example, if you select “Remember Me,” your two-step verification status is stored on a persistent cookie for 30 days to remember the device that you signed in from.

    • WHAT COOKIES DO WE USE, AND WHY?
      Necessary Cookies.

      Some cookies are necessary to allow you to browse the Services and access certain pages. Necessary cookies are required for the Services (or certain functionality on the Services) to work properly, and we do not use these cookies to collect personal data about you. Disabling or removing these cookies may prevent the Services, or certain functionality on the Services, from working correctly or at all.

      Performance Cookies.

      We use performance cookies to collect information about how our users use and interact with the Services, such as what pages are visited most often, how the Services are used and function, or how users navigate the Services. We use this information to improve the Services and their content. These cookies only collect aggregate information about the use of the Services, and thus do not collect information that can be used to identify you personally. Disabling or removing these cookies generally does not interfere with the functionality or performance of the Services.

      Functionality Cookies.

      We use functionality cookies to remember information that you have provided or choices you have made on the Services, such as saving your logged-in status or site preferences. This allows us to provide a more personalized and convenient browsing experience. Disabling or removing these cookies may make browsing the Services less convenient or may prevent certain functionality from working correctly.

      Third-Party Functionality.

      We do not have access to or control over cookies or other features that third party sites may use, and the information practices of those third party websites are not covered by our Privacy Notice or this Cookie Notice. For more information about how Stripe and Google collect and use information about your activities, please review their applicable terms of service and privacy policies.

    • HOW DO I CONTROL OR MAKE CHOICES ABOUT COOKIES AND TRACKING TECHNOLOGIES?

      Managing Cookies. Most browsers automatically accept cookies by default, but you can adjust your device and/or browser settings to delete and/or block some or all cookies, or provide notifications when you receive a new cookie. Consult the “Help,” “Tools,” or “Preferences” menus on your browser, or the documentation for your device, for more information about how to do this. Please note, however, that blocking or deleting certain cookies may negatively affect your user experience.

      Additionally, you can generally disable or delete cookies placed and used by browser add-ons, such as Adobe Flash cookies, by changing the add-on settings or visiting the website of its provider. Information and controls that allow you to manage Adobe Flash cookies may be found on this page: https://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html

      Note that if you disable Adobe Flash cookies or similar technologies, you may not have access to certain features and services (such as consistent volume settings for videos) that make your online experience more efficient and/or enjoyable.

    STANDARD CONTRACT BETWEEN FAN AND CREATOR

    Updated: May 2021

    • Introduction: This Standard Contract between Fan and Creator ("this agreement") sets out the terms which govern each transaction between a Fan and a Creator on PopSpot.
    • Introduction: This Standard Contract between Fan and Creator ("this agreement") sets out the terms which govern each transaction between a Fan and a Creator on PopSpot.
    • Parties: The only parties to this agreement are the Fan and Creator participating in the Fan/Creator Transaction. PopSpot OÜ is not a party to this agreement and neither grants any rights in respect of, nor participates in, any Fan/Creator Transaction, except for acting as a payment intermediary in accordance with the Creator’s and Fan’s instructions set out in section 5 of this agreement.
    • Interpretation: In this agreement, defined terms have the following meanings:
      • "PopSpot" means the PopSpot mobile application or website accessed via the URL www.PopSpot.com or via any web browser;
      • "Content" means any material uploaded to PopSpot by any User (whether a Creator 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;
      • "Creator" means a User who has set up their PopSpot account as a Creator account to post Content on PopSpot to be viewed by other Users;
      • "Fan" means a User who follows a Creator and is able to view the Creator's Content;
      • "Referring User" means a User who participates in the PopSpot Referral Program;
      • "Fan/Creator Transaction" means any transaction between a Fan and a Creator on PopSpot by which access is granted to the Creator's Content in any of the following ways: (i) a Subscription, (ii) payments made by a Fan to view a Creator's pay-per-view Content (pay-per-view media and pay-per-view live stream), and (iii) payments made by a Fan to use the fan interaction function on a Creator's account;
      • "Fan Payment" means (i) any and all payments made by a Fan in respect of any Fan/Creator Transaction, and (ii) any and all tips;
      • "Platform fee" means the fee charged by PopSpot OÜ o Creators in accordance with section 5 of the PopSpot Terms of Use for Creators;
      • "Subscription" means a Fan's monthly subscription to a Creator's account;
      • "VAT" means 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
      • "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 EU, UK or any other jurisdiction.
    • Pricing and payment: By entering into a Fan/Creator Transaction, the Fan agrees to pay the Fan Payment applicable to the relevant Fan/Creator Transaction in accordance with the pricing published in the Creator's account plus any VAT which is applicable. The Fan and Creator participating in the Fan/Creator Transaction authorize PopSpot OÜ or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the Fan Payment and any applicable VAT, to deduct the Platform fee, and to pay out the sums due to Creators and (if applicable) Referring Users, as described in the PopSpot Terms of Service.
    • License of Content: Once the Fan has made the Fan Payment for a Fan/Creator Transaction, the Creator grants to the Fan a limited license to access the applicable Content of that Creator to which the Fan/Creator Transaction relates (the "Relevant Content"). This license is non-transferable, non-sublicensable and non-exclusive, and permits the Fan to access and view the Relevant Content on the Fan's personal device and via a normal web browser (and to make a temporary copy of such Content only to the extent that this is an incidental and technical process forming part of the Fan's accessing the Content (i.e. caching)), in accordance with the PopSpot Acceptable Use Policy.
    • Ownership of Content: The Fan participating in the Fan/Creator Transaction acknowledges and agrees that the license of the Relevant Content provided in section 6 of this agreement does not result in the Fan acquiring any rights in or to the Relevant Content, which rights shall be retained by the Creator of the Relevant Content.
    • Expiry of license: The license granted to a Fan in relation to the Relevant Content will expire automatically without notice in the following circumstances:
      • if the Fan Payment related to the Fan/Creator Transaction was unsuccessful, or is charged back or reversed for any reason;
      • in respect of pay-per-view Content, once the Creator has chosen to stop displaying content;
      • in respect of Subscriptions, at the end of the subscription period, unless the Subscription is configured to automatically renew as described in section 8(g) of the PopSpot Terms of Use for Fans;
      • if the Fan's User account is suspended or terminated for any reason;
      • if the Fan acts in breach of the PopSpot Acceptable Use Policy (whether in relation to the Relevant Content or at all);
      • if the Content is removed by the Creator from the Creator's account;
      • if the Fan closes their PopSpot User account.
    • Cancellation and refunds: In respect of every Fan/Creator Transaction:
      • The Fan acknowledges that the Fan/Creator Transaction will result in a supply of the relevant Content to the Fan before the end of the period of 14 days from the date when the Fan/Creator Transaction is entered into, and the Fan gives his or her express consent to this and confirms to the Creator that he or she is aware that any statutory right to cancel the Fan/Creator Transaction which the Fan has under the Consumer Rights Act 2015 or any other applicable law will therefore be lost.
      • This agreement does not affect any statutory right to receive a refund from the Creator which a Fan may have under the Consumer Rights Act 2015 or any other applicable law.
    • Obligations between Creator and Fan: In respect of every Fan/Creator Transaction:
      • The Fan and the Creator participating in the Fan/Creator Transaction agree to comply at all times with the PopSpot Acceptable Use Policy in relation to the Relevant Content, including when accessing, viewing and interacting with it.
      • The Fan participating in the Fan/Creator Transaction agrees to make the Fan Payment required to access, view or interact with the Relevant Content, and agrees not to initiate a chargeback other than if the Fan disputes the Fan/Creator Transaction in good faith.
      • The Creator participating in the Fan/Creator Transaction agrees to make the Relevant Content available to the Fan once the Fan has made the Fan Payment applicable to the Relevant Content.
      • The Creator warrants (makes a legally enforceable promise) that it possesses all necessary rights in and to the Relevant Content sufficient to license it to the Fan in the territory in which the Fan will be accessing the Relevant Content, and has obtained any and all permissions and consents needed to grant the license in section 6 of this agreement.
      • The Creator is solely responsible for creating and uploading the Relevant Content. The Creator provides no guarantees that it will continue to create and upload Relevant Content on an ongoing basis.
      • Unless there has been negligence or other breach of duty by the Creator, the accessing by the Fan of the Creator's Content is entirely at the Fan's own risk.
    • No guarantees: The Fan participating in the Fan/Creator Transaction acknowledges that Creators may add and remove Content at any time from their Creator account, and that Creators have the discretion to decide what sort of Content to make available on their account. In addition, the Fan participating in the Fan/Creator Transaction acknowledges that there may be circumstances where it is not possible for the Fan to access to Relevant Content to be provided under the Fan/Creator Transaction, including:
      • if the Creator's account is suspended or deleted;
      • if the Fan's account is suspended or deleted;
      • if the availability of all or any part of PopSpot site is suspended or inaccessible; or
      • if the Creator is unable to create or upload Relevant Content in the future.
    • Terms relating to disputes:
      • This agreement is governed by Estonian law and Estonian law will apply to any claim that arises out of or relates to this agreement. The Fan will also be able to rely on mandatory rules of the law of the country where he or she lives.
      • Where claims can be brought:
        • If this agreement is with a Fan resident in the United Kingdom or the European Union, any claim under this agreement may be brought in the courts of Estonia or the courts of the country where the Fan lives.
        • If this agreement is with a Fan resident outside of the United Kingdom or the European Union any claim under this agreement must be brought in the courts of Estonia, unless the Fan and Creator otherwise agree.

    ACCEPTABLE USE POLICY

    This Policy applies to your use of PopSpot and all Content on PopSpot and forms part of your agreement with us. This Policy sets out what is and is not permitted on PopSpot. In this Policy, defined terms have the same meanings as in our Terms of Use for all Users. - Updated: May 2021

    • Do not use PopSpot except for your own personal use and do not sell, rent, transfer, or share your account or any Content obtained from your use of PopSpot to or with anyone else.
    • Only use PopSpot in a manner and for a purpose that is lawful.
    • Do not upload, post, display, or publish Content on PopSpot that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, or which encourages or promotes violence or any illegal activity.
    • Do not use PopSpot in any way which may exploit, harm, or attempt to exploit or harm any individual under 18 years old, for example by exposing them to inappropriate Content.
    • Do not upload, post, display, or publish Content on PopSpot that:
      • shows, includes or refers to:
        • any individual under 13 years old (or which refers to individuals under 13 years old generally); or
        • any other individual unless you have written documentation which confirms that all individuals shown or included or referred to in your Content have given their written consent to use their name or images (or both) in the Content;
      • shows, promotes, advertises or refers to:
        • firearms, weapons, or any goods whose sale, possession or use is subject to prohibitions or restrictions;
        • drugs or drug paraphernalia;
        • self-harm or suicide;
        • incest;
        • bestiality;
        • violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, extreme fisting, or genital mutilation;
        • necrophilia;
        • urine, scatological, or excrement-related material;
        • "revenge porn" (being any sexually explicit material featuring any individual who has not given prior, express and fully informed consent to that material (a) being taken, captured, or otherwise memorialized, or (b) being posted and shared on PopSpot);
        • escort services, sex trafficking, or prostitution;
      • contains unsolicited sexual content or unsolicited language that sexually objectifies another User or anyone else in a non-consensual way, or contains fake or manipulated sexual content in relation to another User or anyone else (including "deepfakes");
      • contains, promotes, advertises or refers to hate speech (being Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic); contains or refers to anyone else's personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for PopSpot including passwords and security questions, financial information including bank account and credit card details, biometric data, and medical records) without that person's express written consent;
      • either:
        • in the case of Content featuring public nudity, was recorded in or is being broadcast from a country, State or province where public nudity is illegal; or
        • in the case of Content featuring sexual activities, was recorded in or is being broadcast from a public place where members of the public are reasonably likely to see the activities being performed (this does not include outdoor places where members of the public are not present, for example private property such as a private backyard, or secluded areas in nature where members of the public are not present).
      • gives the impression that it comes from or is approved, licensed or endorsed by us or any other person or company;
      • causes or is calculated to cause inconvenience, or anxiety to anyone else or which is likely to upset, embarrass, or cause serious offence to anyone else;
      • is used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content;
    • Do not use PopSpot to stalk, bully, abuse, harass, threaten or intimidate anyone else.
    • Do not use PopSpot to engage in misleading or deceptive conduct, or conduct that is likely to mislead or deceive any other User.
    • Respect the intellectual property rights of Creators, including by not recording, reproducing, sharing, communicating to the public or otherwise distributing their Content without authorization.
    • Do not do anything that violates our or someone else's rights, including intellectual property rights (examples of which are copyright, trademarks, confidential information, and goodwill), personality rights, unfair competition, privacy, and data protection rights.
    • Do not impersonate us, one of our employees, another User, or any other person or company or falsely state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or company.
    • Do not provide false account registration information or make unauthorized use of anyone else's information or Content.
    • Do not post or cause to be posted any Content which is spam, which has the intention or effect of artificially increasing any Creator's views or interactions, or which is otherwise inauthentic, repetitive, misleading or low quality.
    • Do not transmit, stream, or otherwise send any pre-recorded audio or video material during a live stream or otherwise attempt to pass off recorded material as a live stream.
    • Do not use other media or methods (for example the use of codewords or signals) to communicate anything which violates this Policy.
    • Do not reproduce, print, distribute, attempt to download, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as permitted under the Terms of Service.
    • Do not knowingly introduce any viruses, trojans, worms, logic bombs or other material into Content which is or may be malicious or technologically harmful.
    • Do not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of PopSpot
    • Do not use PopSpot in a way that could adversely affect our systems or security or interfere with any other User’s use of PopSpot, including their ability to engage in real-time activities through PopSpot.
    • Do not use any automated program, tool or process (such as web crawlers, robots, bots spiders, and automated scripts) to access PopSpot or any server, network or system associated with PopSpot, or to extract, scrape, collect, harvest or gather Content or information from PopSpot.
    • Do not use PopSpot' name, logo or any related or similar names, logos, product and service names, designs, or slogans other than in the limited ways which are expressly permitted in the Terms of Service or with our prior written agreement.

      Breaches of this Policy may lead to your account being suspended or terminated, and access to your earnings being revoked, as set out in the Terms of Service.

    COMPLAINTS POLICY

    Updated: May 2021

    • Introduction: This document set out our complaints policy. If you are a User of PopSpot, this Complaints Policy forms part of your agreement with us.
    • Who we are and how to contact us: PopSpot is operated by Popspot OÜ. We are a limited company registered in Estonia, with company registration number 16196821 and we have our registered office address at Parda 8, Tallinn 10151 Estonia.
    • Interpretation: In this Complaints Policy, defined terms have the same meanings given to them in the Terms of Use for all Users.
    • Who can use this Complaints Policy? Whether or not you are a User of PopSpot, you can use this Complaints Policy to alert us to any complaint which you have relating to PopSpot.
    • How to make a complaint: If you have a complaint about PopSpot (including any complaint about Content appearing on PopSpot or the conduct of a User), please send your complaint to support@PopSpot.com including your name, address, contact details, a description of your complaint and, if your complaint relates to Content, the URL for the Content to which your complaint relates.
    • How we will deal with your complaint: Following receipt of your complaint under section 5 above:
      • we will take such steps as we consider to be appropriate to investigate your complaint within a timescale which is appropriate to the nature of your complaint;
      • if we require further information or documents from you, we will contact you to let you know;
      • we will in good faith take such actions as we consider appropriate to deal with the issue which your complaint has raised. If you have complained about Content which appears on PopSpot and we are satisfied that the Content is unlawful or otherwise breaches our Acceptable Use Policy, we will act quickly to remove such Content.

      We are not obligated to inform you of the outcome of your complaint.

    • Unjustified or abusive complaints: If you are a User of PopSpot, you warrant (which means you make a legally enforceable promise) that you will not make any complaint under this Complaints Policy that is wholly unjustified, abusive, or made in bad faith. If we determine that you have breached this warranty, we may suspend or terminate your User account.

    PLATFORM TO BUSINESS REGULATION TERMS

    Updated: May 2021

    • Introduction: These Platform to Business Regulation Terms form part of the Terms of Service.
    • Interpretation: In these Platform to Business Regulation Terms, unless otherwise stated, defined terms have the same meanings given to them in the Terms of Use for all Users.
    • Do these Platform to Business Regulation Terms apply to me? These Platform to Business Regulation Terms only apply to Creators who are established or resident in the European Union or the United Kingdom (also referred to as "you" and "your"). If these Platform to Business Regulation Terms apply to you, they form part of your agreement with us.
    • What do these Platform to Business Regulation Terms include? These Platform to Business Regulation Terms provide information about our practices to comply with the fairness and transparency requirements set out in EU Regulation 2019/1150 (the "Platform to Business Regulation")
    • Promoting Creators via other distribution channels: We may choose to promote you via our Instagram and other social media accounts.
    • Ranking on PopSpot: We randomly suggest potential Creators for a User to follow based on the Creators that have earned money on PopSpot in the previous 30 days. We have no ranking system.
    • Complaints: If you have a complaint about:
      • any alleged non-compliance by us with any obligations laid down in the Platform to Business Regulation which affect you; or
      • technological issues relating directly to PopSpot and which affect you; or
      • measures taken by us or our conduct which relate directly to PopSpot and which affect you,

        then please submit your complaint to support@PopSpot.com.

    • Complaint-handling process: Following receipt of your complaint under section 7 above, we will:
      • consider your complaint and the follow-up which we may need to give to your complaint (including asking you for further information or documents) in order to adequately address the issue raised;
      • process your complaints within a reasonable time, taking into account the importance and complexity of the issue raised; and
      • communicate to you in plain and intelligible language by email or by message to your PopSpot account the outcome of the internal complaint-handling process.