Terms & Conditions


TERMS OF USE FOR ALL USERSBY 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 FuelMyTalent and your agreement with us.
2.   Interpretation: In the Terms of Service:a.    we refer to our website as "FuelMyTalent", including when accessed via the URL www.FuelMyTalent.com or via any web browser;b.    references to "we", "our", "us" are references to Fenix International Limited, the operator of FuelMyTalent;c.    "Content" means any material uploaded to FuelMyTalent 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;d.    "Creator" means a User who has set up their FuelMyTalent account as a Creator account to post Content on FuelMyTalent to be viewed by other Users;e.    "Fan" means a User who follows a Creator and is able to view the Creator's Content;f.     "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;g.    "Referring User" means a User who participates in the FuelMyTalent Referral Program.h.    "Standard Contract between Fan and Creator" means the terms which govern each transaction between a Fan and a Creator on FuelMyTalent, which can be found herei.      "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) Referral Program Terms,
(vii) Complaints Policy, and
(viii) Platform to Business Regulation Terms;
j.    "k.    "User" means any user of FuelMyTalent, whether a Creator or a Fan or both (also referred to as "you" or "your").

3.  
Who we are and how to contact us: FuelMyTalent is operated by BGSM LLC We are a limited company registered in New Jersey ,US with company registration number available on request  and we have our registered office address at 8 Broadway, Jersey City , NJ ,07306
To contact us with any questions about FuelMyTalent, please email our support team at fuelmytalent@gmail.com  If you are unable to contact us by email, please write to us at the following address: 8 Broadway, Jersey City , NJ ,07306 , US. 


4.  
How we may change the Terms of Service: We may change any part of the Terms of Service without telling you beforehand in the following circumstances:
a.   to reflect changes in laws and regulatory requirements which apply to FuelMyTalent and the services, features, and programs of FuelMyTalent where such changes require FuelMyTalent to change its terms and conditions in a manner which does not allow us to give reasonable notice to you; and 
b.  to address an unforeseen and imminent danger related to defending FuelMyTalent, 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 FuelMyTalent, 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 FuelMyTalent.

5.  
We may make changes to or suspend or withdraw FuelMyTalent: We may update and change FuelMyTalent 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 FuelMyTalent, 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 FuelMyTalent for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.

6.  
Registering with FuelMyTalent: To use FuelMyTalent you must first register and create a User account on FuelMyTalent. You must provide a valid email address, a username, and a password or authenticate using a valid Social Media 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 FuelMyTalent site for the composition of passwords. To register as a User: 
a.    you must be at least 18 years old, and you will be required to confirm this. b.    if the laws of the country or state/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or state/province where you live; and
c. you must 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 FuelMyTalent.

7.  
Your commitments to us: When you register with and use FuelMyTalent, you make the following commitments to us:
a.    If you previously had an account with FuelMyTalent, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
b.    You will make sure that all information that you submit to us is truthful, accurate, and complete.
c.    You will update promptly any of the information you have submitted to us as and when it changes.
d.    You consent to receive communications from us electronically, including by emails and messages posted to your FuelMyTalent account, and to the processing of your personal data as more fully detailed in our Privacy Policy.
e.    You will keep your account/login details confidential and secure, including your user details, passwords, and any other piece of information that forms part of our security procedures, and you will not disclose these to anyone else. You will contact fuelmytalent@gmail.com promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer so that others are not able to access, view, or record your password or other personal information.
f.     You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.
g.    You will comply in full with these Terms of Use for all Users, our Acceptable Use Policy, and all other parts of the Terms of Service which apply to your use of FuelMyTalent.   


8.  
Rights we have, including to suspend or terminate your account:

a.    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. 

b.    It is our policy to suspend access to any Content you post on FuelMyTalent 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 fuelmytalent@gmail.com. Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. You agree that you will at your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content under this section.

c.    If we suspend access to or delete any of your Content, we will notify you via email or electronic message to your FuelMyTalent account, but we are not obligated to give you prior notice of such removal.

d.    We reserve the right in our sole discretion to terminate your agreement with us and your access to FuelMyTalent for any reason by giving you 30 days’ notice by email or electronic message to your FuelMyTalent account. We can also suspend access to your User account or terminate your agreement with us and your access to FuelMyTalent 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 FuelMyTalent.If we suspend access to your User account or terminate your agreement with us and your access to FuelMyTalent 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.

e.    Upon termination of your account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on FuelMyTalent for you to be able to access your Content following the termination of your account.

f.     We can investigate any suspected or alleged misuse, abuse, or unlawful use of FuelMyTalent and cooperate with law enforcement agencies in such investigation.

g.    We can disclose any information or records in our possession or control about your use of FuelMyTalent 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.

h.    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 FuelMyTalent account.

i.      Other than Content (which is owned by or licensed to Creators), all rights in and to FuelMyTalent and its entire contents, features, databases, source code, and functionality, are owned by us and/or our licensors. Such material is protected by copyright and may be protected by trademark, trade secret, and other intellectual property laws

.j.     We are the sole and exclusive owners of any and all anonymized data relating to your use of FuelMyTalent and such anonymized data can be used by us for any purpose, including for commercial, development, and research purposes.

9.   What we are not responsible for: We will use reasonable care and skill in providing FuelMyTalent to you, but there are certain things which we are not responsible for, as follows:
a.    We do not authorize or approve Content on FuelMyTalent, and views expressed by Creators or Fans on FuelMyTalent do not necessarily represent our views.

b.    We do not grant you any rights in relation to Content. Any such rights may only be granted to you by Creators.

c.    Your Content may be viewed by individuals that recognize 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 FuelMyTalent, 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 FuelMyTalent.

d.    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 FuelMyTalent. We are under no obligation to monitor Content or to detect breaches of the Terms of Service (including the Acceptable Use Policy).

e.    You agree that you have no obligation to follow any suggestions, comments, reviews, or instructions received from another User of FuelMyTalent and that if you choose to do so, you do so entirely at your own risk. 

f.     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 FuelMyTalent (including the FuelMyTalent Referral Program).

g.    The materials which we make accessible on FuelMyTalent 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.

 h.    We do not promise that FuelMyTalent is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access FuelMyTalent. You should use your own virus protection software.

i.      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 FuelMyTalent.j.     While we try to make sure that FuelMyTalent 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

k.    We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting from unauthorized payments or withdrawals of funds. 

l.      You acknowledge that once your Content is posted on FuelMyTalent, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your Content which may have been recorded by other Users in breach of the Terms of Service or by third parties prior to the deletion of your account.

10.      Intellectual property rights– ownership and licenses: a.    You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in Your Content or that you have obtained all necessary rights to Your Content which are required to grant licenses in respect of your Content to us and to other Users. This includes any rights required to engage in the acts covered by sub-section

10 (a) below in any territory in which FuelMyTalent is accessible and, in particular, in the United States of America, the United Kingdom, and the European Union.

b.    You agree to grant us a license under all your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of FuelMyTalent. Such acts include reproducing, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal with your Content. 

c.    The license which you grant to us under sub-section

10(b) above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable, and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using FuelMyTalent, 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 FuelMyTalent, as well as to use your Content for other normal operations of FuelMyTalent. We will never sell your Content to other platforms, though we may sell or transfer any license you grant to us in the Terms of Service in the event of a sale of our company or its assets to a third party.

d.    Whilst we do not own your Content, you grant us the limited right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your Content. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf. Please see our Complaints Policy for how to make a complaint about infringement of intellectual property rights.

e.    You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on FuelMyTalent. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us when dealing with your Content (as permitted by the license which you give us in section
10(b) above) to add watermarks, stickers, or text to your Content.

11.     
Social Media: Users have the facility to connect an active Social Media account to their FuelMyTalent account and to share certain Content in the form of FuelMyTalent posts to Social Media using the share feature. If you use this feature, you must fully comply with Social Media's terms of service from time to time in respect of any Content shared in this way.


12.     
Linking to and from FuelMyTalent:

a.    Links to FuelMyTalent:§  You may link to the FuelMyTalent 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 FuelMyTalent or give the impression that your Creator account is being promoted by us if this is not the case. You must not promote your FuelMyTalent account by using Google Ads or any similar advertising platform or search engine advertising service.

b.    Links from FuelMyTalent: If FuelMyTalent 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 FuelMyTalent, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 

13.     
How do I delete my account? If you want to delete your FuelMyTalent account then you may do so in the 'User Account' section of your FuelMyTalent account.

a.    If you are a Fan, the deletion of your account will take place within a reasonable time following your request.

b.    If you are a 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.

c.    If you are both a Fan and a Creator then your account will be deleted in two stages (Fan first and then Creator).

d.    Once your account has been deleted you won't be charged any further amounts or have access to your former FuelMyTalent 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 FuelMyTalent for you to be able to access your Content following the termination of your account.

14.     
Who is responsible for any loss or damage suffered by you?
a.    Whether you are a consumer or business User: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors, and (ii) fraud or fraudulent misrepresentation.

b.    If you are a consumer User: If you are a Consumer User, you agree that:
§  We and our subsidiary companies, employees, owners, representatives, and agents will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of FuelMyTalent.§  If you are a consumer user and reside in the United States of America, our total liability to you for claims arising out of or related to your agreement with us shall be limited to USD 250 per claim.

c. loss of anticipated savings;e.    loss of business opportunity, goodwill, or reputation;
d.     loss of data or information, including any Content; org.    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 FuelMyTalent 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 minimize 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 FuelMyTalent; and§  USD 3,000.


15.     
General: You agree that: 
a.    If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
b.    If we fail to enforce any aspect of your agreement with us, it will not be a waiver;
c.    We reserve all rights not expressly granted to you.d.    No implied licenses or other rights are granted to you in relation to any part of FuelMyTalent, save as expressly set out in the Terms of Service.
e.    Your agreement with us does not give rights to any third parties, except that the exclusions and limitations of liability in 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.
f.     You cannot transfer your rights or obligations under your agreement with us without our prior written consent.
g.    Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate the performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations. 
h.    The Terms of Service form the entire agreement between us and you regarding your access to and use of FuelMyTalent and supersede any and all prior oral or written understandings or agreements between us and you.

16.     
Terms relating to disputes – the law which applies to your agreement with us and where disputes and claims concerning FuelMyTalent (including those arising from or relating to your agreement with us) can be brought: 
a.    For consumers (Fans):§  Consumers - Law:§  If you are a consumer, your agreement with us is governed by US law and US 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. 
b.    The limitation period for bringing claims: Except where prohibited by applicable law, any claim or cause of action which you have concerning FuelMyTalent (including those arising out of or related to your agreement with us) must be filed within one year after the date on which such claim or cause of action arose or the date on which you learned of the facts giving rise to the cause of action (whichever is the earlier), or be forever barred.


17. 
Other terms which form part of your agreement with us: These Terms of Use for all Users govern your agreement with us. Certain other terms or policies forming part of the Terms of Service will also apply to you and form part of your agreement with us, as follows:
a.    Terms of Use for Fans – which contain additional terms which apply if you use FuelMyTalent as a Fan.
b.    Terms of Use for Creators – which contain additional terms which apply if you use FuelMyTalent as a Creator;
c.    Privacy Policy – which applies to all Users and tells you how we use your personal data and other information we collect about you;
d.    Acceptable Use Policy which applies to all Users and tells you what you can and can’t do on FuelMyTalent;
e.   Complaints Policy - which sets out the procedure for making a complaint about any aspect of FuelMyTalent, and how we will deal with that complaint; and 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 (f) above, the Terms of Use for all Users will apply to the extent of the conflict. 

TERMS OF USE FOR FANSBY USING OUR WEBSITE AS A FAN YOU AGREE TO THESE TERMS

– PLEASE READ THEM CAREFULLY
1.   Introduction: These Terms of Use for Fans are additional terms that apply if you use FuelMyTalentas a Fan (also referred to as "you" and "your" in these Terms of Use for Fans). These Terms of Use for Fans form part of your agreement with us.

2.  
Interpretation: In these Terms of Use for Fans, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
a.    "Subscription" means a Fan's monthly subscription to a Creator’s account;b.     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
c.    "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 US or any other jurisdiction.
3.   Other terms which will apply to your use of FuelMyTalent: The following terms will also apply to your use of FuelMyTalentand you agree to them:
a.    Our Terms of Use for all Users;
b.    Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;c.    Our Acceptable Use Policy – which tells you what you can and can't do on FuelMyTalent;
d.    Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of FuelMyTalent, and how we will deal with that complaint; and
e.    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.

4.  
Other terms which may apply to your use of FuelMyTalent: The following additional terms may apply to your use of FuelMyTalent:
a.    If you are also a Creator, the Terms of Use for Creators will apply to your use of FuelMyTalentas a Creator;
b.    If you are a Creator who is established or resident in the European Union or the United Kingdom, then the Platform to Business Regulation Terms will also apply to you; and

5.  
Your commitments to us: You warrant (which means you make a legally enforceable promise) that:
a.    you are at least 18 years old.
b.    if the laws of the country or state/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you are old enough to be legally bound by a contract with us under the laws of the country or state/province where you live; and
c.    you are not be barred from accessing FuelMyTalentunder any laws which apply to you.

6.  
Content - general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Fan on FuelMyTalent:
a.    You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on FuelMyTalent:   i.         the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy); 
ii.         you either own your Content (and all intellectual property rights in it) or have a valid license to your Content; and     
iii.         if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents, and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on FuelMyTalent.

b.    You agree that you will be liable to us and indemnify us if any of the warranties at section 6(a) is untrue. This means you will be responsible for any loss or damage we suffer as a result of any warranty being untrue.
c.    We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of FuelMyTalent. 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 FuelMyTalent 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 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.

8.  
Subscriptions and purchases by Fans: This section describes the terms which apply to transactions and interactions between Fans and Creators:
a.    All transactions and interactions facilitated by FuelMyTalentare 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 FuelMyTalentplatform, 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.
b.    Creators are solely responsible for determining (within the parameters for pricing on FuelMyTalent) the pricing applicable to transactions and interactions and the Content to which you may be given access. All prices appear in USD only.
c.    Fan Payments are exclusive of VAT, which shall be added at the current rate as applicable to Fan Payments.
d.    To view a Creator's Content and/or utilize the fan interaction function on FuelMyTalent, you must first add a payment card to your account and then click the 'Subscribe' button on the relevant Creator's profile.
e.    You authorize us 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 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 are not responsible for paying any charges or fees imposed by your payment card provider or bank.
f.  If you choose to provide details of two or more payment cards, then if you try to make a Fan Payment from the first card and the card is rejected for any reason, then the other payment card will be used to collect the full Fan Payment.
g.    The payment provider will take (i) 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 the use of the fan interaction function on a Creator's account or paying a tip to the Creator. You authorize and consent to each of these payments being debited using your supplied payment card details.
h.    Apart from free-trial Subscriptions, all Subscriptions to a Creator's profile will automatically renew at the end of the monthly subscription period, except if your payment card was declined, the subscription price has increased, or you have turned off the "Auto-Renew" switch located on the relevant Creator's profile. This means that if you want to stop subscribing to a Creator's profile and paying continuing monthly subscription charges, you will need to turn off the "Auto-Renew" switch located on the relevant Creator's profile.
i. If you cancel a subscription you will continue to be permitted to view the relevant Creator's Content until the end of the subscription period in which you canceled, 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.
j. 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.

9.  
Suspension of your User account: If we suspend your User account in accordance with our rights under the Terms of Service, then any Fan Payments which would otherwise have fallen due during the period of suspension of your User account will be suspended during the period of the suspension of your User account.
 

TERMS OF USE FOR CREATORSBY USING OUR WEBSITE AS A CREATOR, YOU AGREE TO THESE TERMS

– PLEASE READ THEM CAREFULLY

1.  
Introduction: These Terms of Use for Creators are additional terms that apply if you use FuelMyTalentas 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.

2.  
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:
a.    "Person with Majority Control" means any individual who meets one or both of the following conditions in relation to a corporate entity:                                                                       i.         the individual holds, directly or indirectly, more than 50% of the shares in the corporate entity.                                                                     ii.         the individual holds, directly or indirectly, more than 50% of the voting rights in the corporate entity.b.    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; andc.    "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 US or any other jurisdiction.

3.  
Other terms which will apply to your use of FuelMyTalent: The following terms will also apply to your use of FuelMyTalent and you agree to them:
a.    Our Terms of Use for all Users;
b.    Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
c.    Our Acceptable Use Policy – which tells you what you can and can’t do on FuelMyTalent;
d.    Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of FuelMyTalent, and how we will deal with that complaint; and
e.    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.

4.  
Other terms which may apply to your use of FuelMyTalent: The following additional terms may apply to your use of FuelMyTalent:
a.    If you are established or resident in the European Union or the United Kingdom, then the Platform to Business Regulation Terms will also apply to you;
b.    If you are also a Fan, the Terms of Use for Fans will also apply to your use of FuelMyTalent as a Fan; and

5.  
What are the fees that we charge Creators for the use of FuelMyTalent? We charge a fee to you of twenty percent (10%) of all Fan Payments made to you (exclusive of any Tax element of the Fan Payment) (called Our Fee). The remaining eighty percent (90%) of the Fan Payment (exclusive of any Tax element of the Fan Payment) is payable to you (called "Creator Earnings"). Our Fee includes our costs of providing, maintaining and operating FuelMyTalent 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.

6.  
How to set up your account as a Creator account: To set up your account as a Creator account:
a.    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.
b.    You will need on your user account page to add bank account details of your own bank account or the bank account of a corporate entity in which you are a Person with Majority Control.
c.    You will need on your User account page to select one of the available methods provided by FuelMyTalent as to how your Creator Earnings will be transferred to you. These methods are called Payout Options.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 Creator account for any reason, including the reasons stated here
f.     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 allowed by FuelMyTalent as set out here.
g.    You will then be able to start adding Content and Users will be able to subscribe to your account to become your Fans.
h.    If you lose access to your account, you can reset your password, but you will need to know the email address used to set up the account to do so. If you do not recall the email address used to set up the account, we may require you to provide identification documents and photos and any additional evidence we may reasonably require to prove your identity.

7.  
Agencies cannot be Creators: Every Creator is the owner of their own account and must always have access to their account. 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.

8.  
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.

9.  
Subscriptions and purchases by Fans: This section describes the terms which apply to transactions and interactions between Fans and Creators:
a.    All transactions and interactions facilitated by FuelMyTalent 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 FuelMyTalent 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.
b.    Fan Payments are exclusive of Tax, which shall be added at the current rate as applicable to Fan Payments.
c.    When a Fan has made the required payment for access to your Content, for the provision of customized 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 customized 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).

10.     
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 FuelMyTalent:
a.    Your Content is not confidential, and you authorize your Fans to access and view your Content on FuelMyTalent for their own lawful and personal use, and in accordance with any licenses that you grant to your Fans.
b.    You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on FuelMyTalent:   i.  the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy); 
ii.  you hold all rights necessary to license and deal in your Content on FuelMyTalent, including in each territory where you have Fans and in the United States.
iii. you either own your Content (and all intellectual property rights in it) or have a valid license to offer and supply your Content to your Fans;                                                                  
 iv.  if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents, and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on FuelMyTalent; and 
 v. the Content is:

1.  
of satisfactory quality, taking account of any description of the Content, the price, and all other relevant circumstances including any statement or representation which you make about the nature of the Content on your account or in any advertising.

2.  
reasonably suitable for any purpose which the Fan has made known to you is the purpose for which the Fan is using the Content; and
3.   as described by you.c.    You agree that you will be liable to us and indemnify us if any of the warranties at section 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.d.    We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of FuelMyTalent. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.e.    You also agree to act as custodian of records for the Content that you upload to FuelMyTalent.

11.
1.     Co-authored Content:
a. 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:            i. is a Creator on FuelMyTalent ;                                                                    
ii.  
has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and 
iii. has consented to the Co-Authored Content in which he or she appears being posted on FuelMyTalent.
b. 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 FuelMyTalent  account(s) of any person or people appearing in the Co-Authored Content who can be identified from it. 
c.You must not upload any Content containing any image, photo, video or audio of anyone else other than or addition to you unless such person is also a Creator on FuelMyTalent d. If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on FuelMyTalent.
e. 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. 
f. You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Creator(s) who posted Co-Authored Content or appeared in the Co-Authored Content (as applicable).
2. Payouts to Creators:
a. All Fan Payments will be received by a third-party payment provider approved by us. 
b. If you have chosen the Stripe Payout Option, we will ensure that Stripe, acting as our payment provider, will collect the Fan Payment and:                                                                      
i.  
pay Our Fee on the Fan Payment to an account held in our name; and 
ii. 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).
c. 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 y