TERMS OF USE FOR CONSUMERS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

Introduction

These Terms of Use for Consumers are additional terms which apply if you use Freyja as a Consumer (also referred to as "you" and "your" in these Terms of Use for Consumers). These Terms of Use for Consumers form part of your agreement with us and are supplementary to the [TERMS OF USE FOR ALL USERS].

Interpretation

In these Terms of Use for Consumers, defined terms have the same meanings given to them in the [TERMS OF USE FOR ALL USERS].

Other terms applicable to your use of Freyja

The following terms will also apply to your use of Freyja and you agree to them:

Our [TERMS OF USE FOR ALL USERS];
Our [ACCEPTABLE USE AND CONTENT POLICY];
Our [PRIVACY POLICY];
Our [COMPLAINTS POLICY]; and
The [STANDARD CONTRACT BETWEEN USERS] – which does not form part of your agreement with us, but which governs and sets out the terms applicable to each Content Transaction you enter into on Freyja.

The following additional terms may apply to your use of Freyja:

If you are also a Content Provider, the [TERMS OF USE FOR CONTENT PROVIDERS] will apply to your use of Freyja as a Content Provider; and
If you are a Content Provider who is established or resident in the European Union or the United Kingdom, then the [PLATFORM TO BUSINESS REGULATION TERMS] will also apply to you.

Your promise to us

You warrant (which means you make a legally enforceable promise) that:

you are at least 18 years old;
if the laws of the country or state/province where you live provide that you can only be legally bound by a contract 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;
you will provide such other information or verification records as we require.
you are permitted by the laws of the country or State/province where you are located to join Freyja and to view any Content available on it and to use any functionality provided by it; and
you are able and willing to make payment (where required) to view Content available on Freyja which you wish to view and to use any functionality provided by Freyja that you wish to use.

Subscriptions and purchases by Consumers

This section describes the terms which apply to Content Transactions:

All Content Transactions are contracts between Consumers and Content Providers on the terms of the [STANDARD CONTRACT BETWEEN USERS]. Although we facilitate Content Transactions by providing the Freyja platform and storing Content we are not a party to the [STANDARD CONTRACT BETWEEN USERS] or any other contract which may exist between a Consumer and Content Provider and are not responsible for any Content Transactions.
Content Providers are solely responsible for determining (within the parameters for pricing on Freyja) the pricing applicable to Content Transactions and the Content to which you may be given access. All prices appear in USD only.
Consumer Payments are exclusive of VAT, which shall be added at the current rate as applicable to Consumer Payments.

Payment terms and refund requests

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 Consumer Payment.
If you choose to provide details of two or more payment cards; then if you try to make a Consumer Payment from the first card and the card is rejected for any reason, the other payment card will be used to collect the full Consumer Payment.
The payment provider will take (i) periodic payments from your payment card for Consumer Payments which are Subscriptions; and (ii) immediate payments from your payment card for Consumer Payments other than Subscriptions (including any tips you wish to pay to a Content Provider). You authorize and consent to each of these payments being debited using your supplied payment card details.
Apart from free-trial Subscriptions, all Subscriptions to a Content Provider's user 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 unsubscribed on the creator's profile. This means that if you want to stop subscribing to a Content Provider's user profile and paying continuing monthly subscription charges, you will need to click the "unsubscribe" button on the relevant Content Provider's use profile.
All Consumer 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.
If you cancel a Subscription you will continue to be permitted to view the relevant Content Provider's Content until the end of the subscription period in which you cancelled, after which no further payments will be taken from your payment card in respect of subscriptions to that Content Provider's profile (unless you choose to pay for a new Subscription to that Content Provider’s profile), and you will no longer be able to view the relevant Content Provider's Content.
You agree that you will not make unjustified requests for a refund in respect of any Content Transaction or tip to a Content Provider, or unjustified chargeback requests of your payment card provider in relation to any Content Transaction or tip to a Content Provider. 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.

Adult material

You acknowledge that you are aware that some of the Content on Freyja contains adult material, and you agree to take this into account when deciding where and when 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 or in breach of any applicable law.

Content - general terms

In addition to the terms set out elsewhere in the [TERMS OF USE FOR ALL USERS]. (in particular in our [ACCEPTABLE USE AND CONTENT POLICY]), the following terms apply to the Content posted, displayed, uploaded or published by you as a Consumer on Freyja:

You warrant that for each item of Content which you post, display, upload or publish on Freyja:

the Content complies in full with the Terms of Service (and in particular our [ACCEPTABLE USE AND CONTENT POLICY]);
you either own your Content (and all intellectual property rights in it) or have a valid license to your Content; and
if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on Freyja.

You agree that you will be liable to us and indemnify us if any of the warranties at section 8(a) is untrue. This means you will be responsible for any loss or damage we suffer as a result of any warranty being untrue.

We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of Freyja. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.

Suspension of your User account

If we suspend your User account in accordance with our rights under the [TERMS OF USE FOR ALL USERS], any Consumer 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.

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