TERMS OF SERVICE
Contents
- Terms of User for all Users
- Terms of Use for all Members
- Terms of Use for Chipstripteam
- Acceptable Use Policy
- Complaints Policy
- Platform to Business Regulation Terms
TERMS OF USE FOR ALL USERS
BY USING OUR WEBSITE YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
1. Introduction: These Terms of Use for all Users govern your use of Chipstrip and your agreement with us.
2. Interpretation: In the Terms of Service:
. we refer to our website as "Chipstrip", including when accessed via the URL www.chipstrip.com ;
a. references to "we", "our", "us" are references to Capitron Limited, the operator of Chipstrip;
b. "Content" means any material uploaded to Chipstrip by any User (whether a Chipstripteammember or a Member of Capitron or a User of the platform), 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;
c. "Chipstripteam/member" means a User who has set up their Chipstrip account as a Chipstripteam account to post Content on Chipstrip to be viewed by other Users;
d. "User" means a User without a Chipstripteam account who posts his/hers Fantasy on the Chipstrip platform and is able to view the Chipstripteam Content;
e. "User/Chipstripteam Transaction" means any transaction between a User and an creator from the Chipstripteam on Chipstrip by which access is granted to the Creator of the Chipstripteam Content including in any of the following ways: (i) a Subscription, (ii) payments made by a User to view a Creator of the Chipstripteam his/hers pay-per-view Content (pay-per-view media and pay-per-view live stream), and (iii) use by the User of the interaction function on a Creator of the Chipstrip his/hers account;
f. "Reward" means how a User values his/her Fantasy. If it turns into reality for the User the transaction takes place : the User purchases the Chipstripcoins and offers it to a Creator of the Chipstripteam who made the Fantasy come true; In case of no transaction, no fantasy which became reality , the reward will be returned after request on info@chipstrip.com to the User minus 15 % for the use of our platform .
g. "Standard Contract between User and Chipstrip team" means the terms which govern each User/Chipstripteam Transaction;
h. "Subscription" means a Users subscription to a Chipstripteams account (whether paid or unpaid);
i. "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 all Members, (iii) terms of Use for Chipstripteam, (iv) Privacy Policy , (v) Acceptable Use Policy , (vi) Referral Program Terms , (vii) Complaints Policy , (viii) Platform to Business Regulation Terms ; and (ix) Community Guidelines ;
j. "United Kingdom" means the United Kingdom of Great Britain and Northern Ireland; and
k. "User" means any user of Chipstrip, whether a Chipstripteam or a User who posts fantasies or both (also referred to as "you" or "your").
3. Who we are and how to contact us: Chipstrip is operated by Capitron Limited. We are a limited company registered in Bulgaria and we have our registered office address at 9Vitosha Blvd, 1000 Sofia . Our VAT number is : BG205770829.
To contact us with any questions about Chipstrip, please email our support team at support@chipstrip.com. If you are unable to contact us by email, please write to us at the following address: 9 Vitosa Blvd, 1000 Sofia , Bulgaria 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 Chipstrip and the services, features and programs of Chipstrip where such changes require Chipstrip to change its terms and conditions in a manner which does not allow us to give reasonable notice to you; and
a. to address an unforeseen and imminent danger related to defending Chipstrip, Members or Chipstripteam 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 Chipstrip, 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 Chipstrip.
4. We may make changes to or suspend or withdraw Chipstrip: We may update and change Chipstrip 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 Chipstrip, 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 Chipstrip for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.
5. Registering with Chipstrip: To use Chipstrip you must first register and create a User account on Chipstrip. You must provide a valid email address, a username, and a password or authenticate using a valid Twitter or Google account. Your password should be unique (meaning that it is different to those you use for other websites) and must comply with the technical requirements of the Chipstrip site for the composition of passwords. To register as a User:
. you must be at least 18 years old, and you will be required to confirm this;
a. if the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and
b. you must be permitted by the laws of the country or State/province where you are located to join Chipstrip and to view any Content available on it and to use any functionality provided by it.
c. you must provide such other information or verification records as we require.
If you do not meet the above requirements, you must not access or use Chipstrip.
6. Your commitments to us: When you register with and use Chipstrip, you make the following commitments to us:
. If you previously had an account with Chipstrip, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
a. You will make sure that all information which you submit to us is truthful, accurate and complete.
b. You will update promptly any of your information you have submitted to us as and when it changes.
c. You consent to receiving communications from us electronically, including by emails and messages posted to your Chipstrip account, and to the processing of your personal data as more fully detailed in our Privacy Policy .
d. 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@chipstrip.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.
e. You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.
f. 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 Chipstrip.
7. 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.
a. It is our policy to suspend access to any Content you post on Chipstrip 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@chipstrip.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.
b. If we suspend access to or delete any of your Content, we will notify you via email or electronic message to your Chipstrip account, but we are not obligated to give you prior notice of such removal or suspension.
c. We reserve the right in our sole discretion to terminate your agreement with us and your access to Chipstrip for any reason by giving you 30 days' notice by email or electronic message to your Chipstripi account. We can also suspend access to your User account or terminate your agreement with us and your access to Chipstrip 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 Chipstrip.
If we suspend access to your User account or terminate your agreement with us and your access to Chipstrip we will let you know. During any period when access to your User account is suspended, any User 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 Chipstripteam Earnings due to you but not yet paid out in accordance with section 13 of the Terms of Use for Chipstripteam.
d. 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 Chipstrip for you to be able to access your Content following termination of your account.
e. We can investigate any suspected or alleged misuse, abuse, or unlawful use of Chipstrip and cooperate with law enforcement agencies in such investigation.
f. We can disclose any information or records in our possession or control about your use of Chipstrip to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, to protect our rights or legal interests, or in response to legal process.
g. We can change the third-party payment providers used to process payments on Chipstrip and if we do so, we will notify you and store applicable details on your Chipstrip account.
h. Other than Content (which is owned by or licensed to Chipstripteam), all rights in and to Chipstrip 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.
i. We are the sole and exclusive owners of any and all anonymised data relating to your use of Chipstrip and such anonymised data can be used by us for any purpose, including for commercial, development and research purposes.
8. What we are not responsible for: We will use reasonable care and skill in providing Chipstrip to you, but there are certain things which we are not responsible for, as follows:
. We do not authorize or approve Content on Chipstrip, and views expressed by Chipstripteam or users/members on Chipstrip do not necessarily represent our views.
a. We do not grant you any rights in relation to Content. Any such rights may only be granted to you by Chipstripteam.
b. Your Content may be viewed by individuals that recognise your identity. We will not in any way be responsible to you if you are identified from your Content. While we may, from time to time and in our sole discretion, offer certain geofencing or geolocation technology on Chipstrip, 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 Chipstrip.
c. All Content is created, selected, and provided by users/members/chipstripteam 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 Chipstrip. We are under no obligation to monitor Content or to detect breaches of the Terms of Service (including the Acceptable Use Policy ).
d. You agree that you have no obligation to follow any suggestions, comments, reviews, or instructions received from another User of Chipstrip and that if you choose to do so, you do so entirely at your own risk.
e. We make no promises or guarantees of any kind that members of the Chipstripteam will make a particular sum of money (or any money) from their use of Chipstrip.
f. The materials which we make accessible on Chipstrip for Users are for general information only. We make no promises or guarantees about the accuracy or otherwise of such materials, or that Users will achieve any particular result or outcome from using such materials.
g. We do not promise that Chipstrip is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access Chipstrip. You should use your own virus protection software.
h. We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of Chipstrip.
i. While we try to make sure that Chipstrip 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 Chipstripteammembers.
j. We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.
k. You acknowledge that once your Content is posted on Chipstrip, 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.
l. Note that we are a start-up which means that during the launch of our product/services some improvements need to be done . We will work as hard as we get to set everything in order .
9. 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 Chipstrip is accessible and, in particular, in the United States of America, the United Kingdom and the European Union.
a. 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 Chipstrip. 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.
b. 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 Chipstrip, 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 Chipstrip, as well as to use your Content for other normal operations of Chipstrip. 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.
c. 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.
d. 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 Chipstrip. 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.
10. Linking to and from Chipstrip:
. Links to Chipstrip:
§ You may link to the Chipstrip 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 Chipstripteammember, when promoting your Chipstrip 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 Chipstripteammember account. When promoting your Chipstripteammember account, you must not impersonate Chipstrip,
or give the impression that your Chipstripteammember account is being promoted by us if this is not the case. You must not promote your Chipstrip account by using Google Ads or any similar advertising platform or search engine advertising service.
a. Links from Chipstrip : If Chipstrip 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 Chipstrip, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
b. Domain Names: In some instances, Chipstrip may allow Chipstripteammembers to register or use domain names that contain the Chipstrip trademark or a confusingly similar term. However, you will not register such a domain name, unless:
§ The domain name is registered by the Chipstripteammember.
§ The domain name redirects to the Chipstripteammembers Chipstrip profile. Domain names containing the Chipstrip trademark or a confusingly similar term must not direct to any other website, including link aggregators.
§ The Chipstripteammember obtains prior written permission from Chipstrip and signs a licensing agreement.
If you would like to register a domain name containing the Chipstrip trademark or a confusingly similar term, please contact support@chipstrip.com . Failing to comply with these provisions or the licensing agreement will be considered a violation of the licensing agreement and may result in Chipstrip filing a domain dispute against the registrant.
11. How do I delete my account? If you want to delete your Chipstrip account then you may do so in the 'User Account' section of your Chipstrip account.
. If you are a user of Chipstrip, the deletion of your account will take place within a reasonable time following your request.
a. If you are a Chipstripteammember, then once you initiate the "delete account" process your account will remain open until the last action/fullfulling fantasy of the user , following which you will receive your final payment and your account will be deleted.
b. If you are both a user and a Chipstripteammember then your account will be deleted in two stages (user first and then Chipstripteammember).
c. Once your account has been deleted you won't be charged any further amounts or have access to your former chipstripaccount 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 Chipstrip for you to be able to access your Content following termination of your account.
12. 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.
a. 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 Chipstrip.
§ 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.
b. If you are a business User(Chipstripteammember): 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 Chipstrip 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 Chipstrip or any of its services, features or programs; or
§ your use of or reliance on any content (including Content) stored on Chipstrip;
§ 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, malware, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of Chipstrip 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 Chipstrip; and
§ USD 5,000.
13. General: You agree that:
. If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
a. If we fail to enforce any aspect of your agreement with us, it will not be a waiver;
b. We reserve all rights not expressly granted to you.
c. No implied licenses or other rights are granted to you in relation to any part of Chipstrip, save as expressly set out in the Terms of Service.
d. Your agreement with us does not give rights to any third parties, except that the exclusions and limitations of liability in section 14 (Who is responsible for any loss or damage suffered by you?) and the terms in section 16 ( Terms relating to disputes ) may be enforced by our subsidiary companies, employees, owners, representatives and agents.
e. You cannot transfer your rights or obligations under your agreement with us without our prior written consent.
f. Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate the performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations.
g. The Terms of Service form the entire agreement between us and you regarding your access to and use of Chipstrip, and supersede any and all prior oral or written understandings or agreements between us and you.
14. Terms relating to disputes – the law which applies to your agreement with us and where disputes and claims concerning your use of Chipstrip (including those arising from or relating to your agreement with us) can be brought:
. For consumers (users):
§ Consumers - Law:
§ If you are a consumer, your agreement with us is governed by English law and English law will apply to (i) any claim that you have arising out of or in connection with your agreement with us or your use of Chipstrip, and (ii) any claim that we have against you that arises out of or in connection with your agreement with us or your use of Chipstrip (including, in both cases, non-contractual disputes or claims). You will also be able to rely on mandatory rules of the law of the country where you live.
§ Consumers - where claims must be brought:
§ If you are a consumer resident in the United Kingdom or the European Union, any claim which you have or which we have arising out of or in connection with your agreement with us or your use of Chipstrip (including, in both cases, non-contractual disputes or claims) may be brought in the courts of Bulgaria .
§ If you are a consumer resident outside of the United Kingdom or the European Union, any claim which you have or which we have arising out of or in connection with your agreement with us or your use of Chipstrip (including, in both cases, non-contractual disputes or claims) must be brought in the courts of Bulgaria.
a. For business Users (Chipstripteammembers):
§ Business Users – Law:
§ If you are a business User, your agreement with us is governed by English law and English law will apply to (i) any claim that you have arising out of or in connection with your agreement with us or your use of OnlyFans, and (ii) any claim that we have arising out of or in connection with your agreement with us or your use of Chipstrip (including, in both cases non-contractual disputes or claims), without regard to conflict of law provisions.
§ Business Users - where claims must be brought:
§ If you are a business User, you and we agree that the courts of England and Wales shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) which you have or which we have arising out of or in connection with your agreement with us (including its subject matter or formation) or your use of Chipstrip.
b. Limitation period for bringing claims: Except where prohibited by applicable law, any claim or cause of action which you have concerning Chipstrip (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.
15. 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 Users – which contain additional terms which apply if you use Chipstrip as a user/member;
Terms of use for Chipstripteammembers
– which contain additional terms which apply if you use Chipstrip as a Chipstripteammember;
. Privacy Policy – which applies to all Users and tells you how we use your personal data and other information we collect about you;
a. Acceptable Use Policy – which applies to all Users and tells you what you can and can't do on Chipstrip;
b. Complaints Policy - which sets out the procedure for making a complaint about any aspect of Chipstrip, and how we will deal with that complaint;
c. 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; and
d. Our Community Guidelines – which provide additional terms and guidance regarding your interactions with Chipstrip.
If there is any conflict between these Terms of Use for all Users and any of the terms or policies listed at section 17(a) to (h) above, the Terms of Use for all Users will apply to the extent of the conflict.
Last updated: April 2022
TERMS OF USE FOR USER (who posts fantasy)
BY USING OUR WEBSITE AS A User YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
1. Introduction: These Terms of Use for USER are additional terms which apply if you use Chipstrip as a User (also referred to as "you" and "your" in these Terms of Use for Fans). These Terms of Use for User form part of your agreement with us.
2. Interpretation: In these Terms of Use for Fans, defined terms have the same meanings given to them in the Terms of Use for all Users . In addition:
. "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
a. "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the UK or any other jurisdiction.
3. Other terms which will apply to your use of Chipstrip: The following terms will also apply to your use of Chipstrip and you agree to them:
. Our Terms of Use for all Users ;
a. Our Privacy Policy– which tells you how we use your personal data and other information we collect about you;
b. Our Acceptable Use Policy – which tells you what you can and can't do on Chipstrip;
c. Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of Chipstrip, and how we will deal with that complaint;
4. Other terms which may apply to your use of Chipstrip: The following additional terms may apply to your use of Chipstrip:
. If you are also a Chipstripteammember, the Terms of Use for a Chipstripteammember will apply to your use of Chipstripteammember as a provider of content;
a. If you are a Chipstripteammember who is established or resident in the European Union or the United Kingdom, then the Platform to Business Regulation Terms will also apply to you; and
5. Your commitments to us: You warrant (which means you make a legally enforceable promise) that:
. you are at least 18 years old;
a. if the laws of the country or State/province where you live provide that you can only be legally bound by a contract at an age which is higher than 18 years old, then you are old enough to be legally bound by a contract under the laws of the country or State/province where you live;
b. you will provide such other information or verification records as we require.
c. you are permitted by the laws of the country or State/province where you are located to join Chipstrip and to view any Content available on it and to use any functionality provided by it; and
d. you are able and willing to make payment (where required) to view Content available on Chipstrip which you wish to view and to use any functionality provided by Chipstrip that you wish to use.
6. Content - general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a User on Chipstrip:
. 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 Chipstrip:
. the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy );
i. you either own your Content (and all intellectual property rights in it) or have a valid license to your Content; and
ii. 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 Chipstrip.
a. 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.
b. We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of Chipstrip. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
7. Adult material: You acknowledge that you are aware that some of the Content on Chipstrip contains adult material, and you agree to take this into account when deciding where to access and view Content. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing Content containing adult material in a way which places you in breach of any contract you have with a third party (for example, your employment contract) or in breach of any applicable law.
8. Subscriptions and purchases by Users: This section describes the terms which apply to User/Chipstripteammember Transactions:
. All User/Chipstripteammember Transactions are contracts between User and Chipstripteammember on the terms of the Standard Contract between a User and a Chipstripteammember. Although we facilitate User/Chipstripteammember Transactions by providing the Chipstrip platform and storing Content we are not a party to the Standard Contract between User and Chipstripteammember or any other contract which may exist between a User and Chipstripteammember, and are not responsible for any User/Chipstripteammember Transactions.
a. Chipstripteammembers are solely responsible for determining (within the parameters for pricing on Chipstrip) the pricing applicable to User/Chipstripteammember Transactions and the Content to which you may be given access. All prices appear in USD only.
b. User Payments are exclusive of VAT, which shall be added at the current rate as applicable to User Payments.
c. To be able to enter into a User/Chipstripteammember Transaction with a particular Chipstripteammember, you must first add a payment card to your account and then click the 'Subscribe' button on the relevant Chipstripteammembers profile or most Transactions simply happen when the User agrees with the Chipstripteammember to deliver content to his/her fantasy.
d. You authorize us and our subsidiary companies to supply your payment card details to a third-party payment provider for the purpose of processing your User Payment. All User Payments will be charged in USD. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we and our subsidiary companies will not be responsible for paying any charges or fees imposed by your payment card provider or bank.
e. If you choose to provide details of two or more payment cards, then if you try to make a User 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 User Payment.
f. The payment provider will take (i) periodic payments from your payment card for User Payments which are Subscriptions; and (ii) immediate payments from your payment card for User Payments other than Subscriptions (including any tips paid by you to a Chipstripteammember). You authorize and consent to each of these payments being debited using your supplied payment card details.
g. Apart from free-trial Subscriptions, all Subscriptions to a Creator's profile will automatically renew at the end of the relevant subscription period, except if your payment card is declined, the subscription price for the Subscription has increased, or you have turned off the "Auto-Renew" switch located on the relevant Chipstripteammembers profile. This means that if you want to stop subscribing to a Chipstripteammembers profile and paying continuing monthly subscription charges, you will need to turn off the "Auto-Renew" switch located on the relevant Chipstripteammembers profile.
h. If you cancel a Subscription you will continue to be permitted to view the relevant Chipstripteamembers 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 Chipstripteammembers profile (unless you choose to pay for a new Subscription to that Chipstripteammembers profile), and you will no longer be able to view the relevant Chipstripteammembers Content.
i. You agree that you will not make unjustified requests for a refund in respect of any User/Chipstripteammembers Transaction or tip to a Chipstripteammember, or unjustified chargeback requests of your payment card provider in relation to any User/Chipstripteammember Transaction or tip to a Chipstripteammember. 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.
j. Wallet credits: You can prepay an amount on Chipstrip (known as "Wallet Credits") which you can later use to make User Payments. Purchases on Chipstrip cannot be divided - if you attempt a purchase that costs more than the total amount of your remaining Wallet Credits, your payment card will be charged the full amount for that purchase. Wallet Credits are subject to a maximum amount as determined by us from time to time. Interest will not accrue on Wallet Credits. Wallet Credits are non-refundable, which means that you are not entitled to a refund of any unused Wallet Credits.
9. Suspension of your User account: If we suspend your User account in accordance with our rights under the Terms of Service, then any User Payments which would otherwise have fallen due during the period of suspension of your User account will be suspended during the period of the suspension of your User account.
Last updated: April 2022
TERMS OF USE FOR CHIPSTRIPTEAMMEMBERS
BY USING OUR WEBSITE AS A CREATOR YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
1. Introduction: These Terms of Use for Chipstripteammembers are additional terms which apply if you use Chipstrip as a Chipstripteammember (also referred to as "you" and "your" in these Terms of Use for Chipstripteammember). These Terms of Use for Chipstripteammember form part of your agreement with us.
2. Interpretation: In these Terms of Use for Chipstripteammember, defined terms have the same meanings given to them in the Terms of Use for all Users . In addition:
. "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
a. "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the UK or any other jurisdiction.
3. Other terms which will apply to your use of Chipstrip: The following terms will also apply to your use of Chipstrip and you agree to them:
. Our Terms of Use for all Users ;
a. Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
b. Our Acceptable Use Policy – which tells you what you can and can't do on Chipstrip;
c. Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of Chipstrip, and how we will deal with that complaint;
d. The Standard Contract between User and Chipstripteammember– which does not form part of your agreement with us, but which governs and sets out the terms applicable to each User/Chipstripteammember Transaction you enter into on Chipstrip; and
e. Our Community Guidelines – which provide additional terms and guidance regarding your interactions with Chipstrip.
4. Other terms which may apply to your use of Chipstrip: The following additional terms may apply to your use of Chipstrip:
. 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;
a. If you are also a User, the Terms of Use for Users will also apply to your use of Chipstrip as a User; and
5. What are the fees that we charge Chipstripteammembers for the use of Chipstrip? We charge a fee to you of fifteen per cent (15%) of all User Payments made to you (exclusive of any VAT element of the User Payment) (called Our Fee. The remaining eighty five per cent (85%) of the User Payment (exclusive of any VAT element of the User Payment) is payable to you (called "Chipstripteammember Earnings"). Our Fee includes the costs of providing, maintaining and operating Chipstrip and storing your Content. Our Fee is deducted from the User Payment, and Chipstripmember Earnings are paid to you in the way described in the Payouts to Chipstripteammembers section below.
6. How to set up your account as a Chipstripteam account: To set up your account as a Chipstripteammember account:
. You will need on your User account page to upload a valid form of ID and two photos of you in accordance with the requirements set out here.
a. You will need on your User account page to add a bank account or payment details of your bank account or a payment method.
b. You will need on your User account page to select one of the available methods provided by Chipstrip as to how your Chipstripteammember Earnings will be transferred to you. These methods are called Payout Options.
c. If you are registered for VAT in the UK, you will need to provide us with your valid UK VAT number. See the Promoting Tax compliance and VAT section of these Terms of Use for Chipstripteammember in relation to UK VAT.
d. You may also need to submit additional information depending on the country where you live.
e. We may ask you for additional age or identity verification information at any time. We may reject your application to set up a Chipstripteammember account for any reason, including the reasons stated here .
f. Once you have set up your account as a Chipstripteammember account, then if you want to charge your User fort he performance you do .
g. You will then be able to start adding Content and Users will be able to subscribe to your account .
h. If you lose access to your account, you can reset your password, but you will need to know the email address used to set up the account to do so. If you do not recall the email address used to set up the account, we may require you to provide identification documents and photos and any additional evidence we may reasonably require to prove your identity.
7. Personal legal responsibility of Chipstripteammembers : Only individuals can be Chipstripteammember. Every Chipstripteammember is bound personally by the Terms of Service. If you have an agent, agency, management company or other third party which assists you with the operation of your Creator account (or operates it on your behalf), this does not affect your personal legal responsibility. Our relationship is with you, and not with any third party, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms of Service.
8. User/Chipstripteammember Transactions: This section describes the terms which apply to User/Chipstripteammember Transactions:
. All User/Chipstripteammember Transactions are contracts between Users and Chipstripteammembers on the terms of the Standard Contract between User and Chipstripteammember . Although we facilitate User/Chipstripteammember Transactions by providing the Chipstrip platform and storing Content, we are not a party to the Standard Contract between User and Chipstripmember or any other contract which may exist between a User and Chipstripmember, and are not responsible for any User/Chipstripmember Transaction.
a. User Payments are exclusive of VAT, which shall be added at the current rate as applicable to Fan Payments.
b. When you receive confirmation from Chipstrip, either in the 'Statements' page of your User account or by email (or both), that the User/Chipstrip Transaction has been confirmed, you must perform your part of such User/Chipstrip Transaction (for example, by allowing the User to view the Content on your Chipstrip account and/or providing the c