Terms for selling
Congratulations on the beginning of the use of our products and services, which we simply refer to as "Services". We provide all adults with powerful tools for self-management and expansion of their activities, and we have developed these Terms of Service (which we call the "Terms") so that you know the rules governing our business relations with you.
Despite the fact that we are doing our best to make the Terms as simple and transparent as possible, there are places where we could not act without a typical legal contract. There are good reasons for this:
- These Terms hereby form a legally binding contract between you (“you”) and foxy Partners (referred to as “IP”, “us”);
- We work in a very sensitive industry and must protect ourselves in the event of misconduct on the part of our users.
Therefore, please read the Terms carefully. If at the same time you have any difficulties with the perception of any part of it or other questions or problems, please contact us. (It should be remembered that any explanation we provide cannot be considered as legal advice)
Who Can Use the Services
Persons under the age of eighteen (18) years are not allowed to create accounts and use the Services. If the age of adulthood is not eighteen (18) years, you must be over twenty one (21) years to create an account or use the Services.
By starting to use the Services, you declare that:
- You are an adult
- You can enter into a binding contract with FoxyBill
- You will comply with these Terms and all applicable local, state, national and international laws, rules and regulations
- You fully understand the content of this condition and by law you can fulfill this contract.
If you use the Services on behalf of a company or any commercial or non-profit organization, you declare that you have the right to agree to all licenses specified in these Terms and agree to these Terms on behalf of the entity or organization.
Please do not forget that using FoxyBill for payments related to escort and / or prostitution is prohibited in any way. Escorts that run an online business (selling video) can use the Services for this part of their business (and only for this part).
Nature of The Business Relationship
Under these Terms, you are an exclusively independent contractor and should in no way be construed as an IP employee or partner.
You acknowledge and agree that nothing in these Terms can be construed as the creation of an agency, labor relationship, collaborative or joint venture or partnership of any kind between you and us, our employees, agents or authorized persons.
You acknowledge and agree that you are solely responsible for any legal obligations or consequences arising from your decisions and actions regarding any content provided to us in accordance with these Terms.
You are responsible for paying any kind of taxes, fees, or any other similar payments.
Many of our Services allow you to upload, publish, send, create, modify, distribute, receive, store, post and sell content. In any of these cases, you reserve all ownership of the content that you had for starters.
But you provide us with a worldwide, sublicensed and transferred license to post, display, reproduce, modify, adapt, edit, store, transmit, communicate, syndicate for use, publish, create derivative works, publicly perform, broadcast, distribute, promote, demonstrate and publicly display this content in any form and on any media, in digital support or in distribution methods (now known or developed later). You also grant us and our business partners unlimited worldwide right and license to use your stage name, image, voice, affinity, personality and everything related to your interaction with IP in any media and on all distribution channels (now known or developed later).
This license will be used by us for the limited purpose of operating, developing, providing, promoting and improving the Services, research and development is new, and providing the content provided through the Services to our business partners for distribution, transmission or publication outside the Services.
The license you have granted expires one month after the removal of your content from our Services or the same period after the termination of these Terms by either party. You agree that if you delete or delete the submitted content, it will no longer appear in our Services for further access, but may remain available in the customer account if it was purchased.
We reserve the right to access, view, verify and delete your content at any time and for any reason, including if we believe that your content violates these Terms. Even so, you remain responsible for the content that you create, publish, store or submit through the Services.
We are always happy to receive feedback from you. Please remember that you voluntarily write reviews or suggestions, so we can use your ideas without compensation to you.
The Content Creators & Performers
You agree for each person in the content before providing any content:
- Share a valid identification form through our Services and wait for confirmation and contractor through foxy Partners; as well as
- provide written consent, release and / or permission to use your name or similarity for use in the manner prescribed by these Terms.
You also agree and understand that you are solely responsible for the remuneration of any employee, partner, employee or contractor who works with you.
At this moment, IP can only provide sales of electronic products or services that are delivered through our systems and are already loaded at the time of sale. Most often, content is sold that includes photos, videos, audio files and artwork.
You can communicate with the client in any convenient way, discuss the price or any other aspect of the sale, if you do not violate these Terms.
The content that you sell through our Services at the time of purchase by the customer must be complete. You cannot sell content through our Services, saying "I will send the second half later."
In addition to processing delivery (loading by the client), we can also provide you with tools and functions that simplify distribution and provide various behaviors in the system.
You are responsible for any actions that occur in your account. Therefore, securing your account is very important. You should choose a strong password that is not used for any other account.
By using the Service, you agree that:
- You will not have more than one account for yourself;
- You will not create another profile if we have already disabled your profile and if you do not have our written permission to do so; as well as
- Under no circumstances will you allow anyone to have access to your account, nor will you transfer login information, passwords, data or account information to others.
If you suspect that someone has gained access to your account, immediately contact our support team at support@FoxyBill.com.
IP is obligated to pay you the following amounts until the termination of these Terms in full compensation for the licensed rights and other rights that you grant us in accordance with these Terms:
- 85% of the price you set for duty-free trading on all content and services sold to Internet visitors to the site.
FoxyBill charges an additional € 0.95 transaction fee to customers to cover payment processing fees and other related costs such as fraud and chargebacks. If you post a video on sale for € 100, the buyer will pay € 100.95 for his purchase, and you will receive € 85 for the sale.
If your digital purchasers are based outside the United States, you may be required to levy VAT (value added tax) on the sales you make. When selling appropriate digital goods manufactured for European consumers, FoxyBill will collect, report and list value added tax in accordance with the applicable EU Commission VAT rules. This amount varies from 15% to 27%, added to your chosen price; your commissions are calculated before these taxes are added.
The details of your earnings and the history of your transactions are available in real time (sometimes there is a slight delay) when you log in.
In the event of fraud, technical error and / or refund by the client, we can at any time, without prior notice, adjust or deduct the amount we owe you. Then the money that we actually received reflects, and this will serve as the basis for calculating your profit.
We are on your side, though, and commercially we act as follows:
- We protect you from chargeback costs, unless we reasonably believe that you are participating in a deception scheme.
- We conduct an investigation before proceeding with a refund to any client, and in the event of a refund, we will only adjust your earnings if we believe that you have not provided the service that is being discussed with the client.
Each month is divided into two payment periods: the first payment period is from the 1st to the 15th day of the current month, and the second payment period is from the 16th to the last day of the current month. We do our best to pay you within 7 days after the end of each payment period without delay. If, within 28 days after the end of each payment period, the balance exceeds the minimum level required for the selected payment method, we will pay it. If the balance does not exceed the minimum, the balance will be carried over to the next payment period until it exceeds the minimum level. All details on payment methods, including minimums and costs, are provided in the foxy Bill Help Center.
We are improving our Services and developing new ones, and the above reward policy is subject to change.
You set the prices at which you sell your content, and you can sell the same content at different prices. However, since FoxyBill pays 85% and protects sellers from chargebacks, we have a couple of rules not to lose money on transactions:
- the minimum price for content is currently € 3; prices cannot be set below.
- The maximum price for content is currently € 300; prices cannot be set higher.
- The minimum price per gigabyte is currently € 3; for example, a 2 GB video cannot be sold for less than € 6.
If these restrictions are a problem for your business, contact us and we can change them for each account.
You are granted a personal, worldwide, non-assignable, non-exclusive, revocable and non-sublicensable license to access and use the Services. This license is intended solely for your use of the benefits of the Services in accordance with these Terms. This license is granted for the entire duration of these Terms.
Any software we provide you with can automatically download and install updates and other services. You can also configure automatic download in the settings of your device.
You may not extract or attempt to extract the source code, as well as copy, modify, distribute, sell or lease any part of our Services.
These Terms do not give you any rights to use our brands, trademarks, logos, designs, photos, videos or any other materials used in our Services. You also may not distribute, download, perform or display any part of the Services, except as otherwise provided in these Terms.
It is forbidden to distort any services that we provide, as well as to make any false or misleading statements regarding the services we offer in accordance with these Terms. It is forbidden to use FoxyBill for payments related to escort and / or prostitution.
You are solely responsible for the services sold. These services are considered legal and do not harm you or other providers. If the service is not provided, we will return the paying user and subtract it from your earnings.
You and your employees, employers and affiliates must act in good faith for foxy Partners and its employees, partners, service providers, customers and affiliates.
You shall not infringe trademarks or copyrights in any way with respect to the content that you provide to us, or in any other interaction with us or any third-party rights.
Until the termination of these Terms and within three (3) years thereafter, you agree that neither you, nor anyone under your control or authority should circumvent or attempt to circumvent IP addresses to form or attempt to establish any business relationship with any of the IP addresses of Employees, affiliates, sub-licensees or customers that cause harm, harm or harm intellectual property and / or the benefits that intellectual property can reasonably expect in accordance obstacle to the rights granted by intellectual property in these Terms.
You have the right to disclose any and all information relating to or resulting from your personal use of the Services, provided that you comply with these Terms.
We even recommend that you disclose information, tips, and tutorials that can help the community, whether it's creating a video, blogging, posting on forums, or any other means of your choice. You can discuss all issues related to your own business. And you really can say it if you think that something that we did sucks, but please write to us so that we can know it!
We love the Internet free and openly, just like you, and we would like to remind you of the rule of common sense that you cannot disclose: the personal information of others (including us).
In particular, but not limited to this, you are not entitled during the term of these Terms and within five (5) years after its termination:
- disclose to any third-party private business information about another model, including but not limited to model revenue or special IP transactions;
- disclose to any third party personal information about any employees, customers, other models, affiliates or partners in the field of IP;
- disclose any third-party private business information about IP, including, but not limited to, our costs, profits, margins, and the number of models, affiliates, or partners working with us.
In some cases specified by law, confidentiality is impossible or not required, and therefore you are not bound by the above obligations. We have listed the following cases:
- сonfidential information has become publicly available without being the result of a violation by you of your confidential obligations or these Terms;
- a third party has given written consent to your disclosure of this information;
- you knew confidential information before accepting these Terms; as well as
- you are required or required to disclose confidential information in accordance with law, injunction or court order.
We try very hard to ensure that our Services are safe for all users, and we keep children away from them. But we cannot guarantee this, and therefore we need your help to do our best. By using the Services, you agree that:
- You will not use the Services for illegal or prohibited purposes in these Terms;
- You will not use or develop any third-party applications that interact with the content of other users or the Services without our written consent;
- You will not report the Services to persons under the age of majority;
- You will not use robots or other automated tools to interact with or access the Services, or to extract other users / information;
- You will not use the Services in such a way that they may interfere with, disrupt, adversely affect or prevent other users from fully using the Services, or which could damage, disable, overload or impair the functioning of the Services;
- You will not provide content that is designated as prohibited under these conditions, as well as graphic violence, threats, incitement to hatred or incitement to violence;
- You will not download viruses or other malicious code or otherwise compromise the security of the Services;
- You will not try to bypass the content filtering methods that we use, or try to access areas or functions of the Services that you do not have access rights to;
- You will not investigate, scan or test the vulnerability of our Services or any system or network; as well as
- You will not assist or promote any activity that violates these Terms.
Any content you sell must be legal in the place where you live, and Hungarian law allows any content if it provides for the consent of adults and respect for human dignity, which is a rather vague definition.
The following content is definitely prohibited:
- Any representation or representation of minors involved in intimate physical behavior or sexual situations, including but not limited to obscene nudity, masturbation or sexual behavior, real or pictured;
- Any image of any person that suggests or implies that the performer is under eighteen (18) years old;
- Content that includes, actual or simulated, bestiality, extreme violence, incest, urination / defecation (gold / brown showers or enemas), non-consensual acts, drugs and alcohol (or someone under the influence of such substances), rape, mutilation, necrophilia, or bullying of animals.
Please note that we accept urination if no one is drinking or urinating on someone else.
We encourage you to be creative in what and how you sell, and you can find more information about prohibited content in the Help Center. But if you have any doubts about the content, please contact us before sending. God saves man who save himself.
Please do not forget that using FoxyBill for payments related to escort and / or prostitution is prohibited in any way. Escorts that run an online business (selling video) can use the Services for this part of their business (and only for this part).
In the event that you use a service, function or functionality that is managed by a third party and which become available through our Services (including the Services that we jointly offer with a third party), the conditions of each party will govern the relationship of the relevant party with you. We inform you that foxy Partners is not responsible for the conditions of third parties or actions taken on the terms of third parties.
We strive to conduct a legitimate and only legitimate business, but we can only do this if you guarantee us the following. Therefore, as a material incentive for foxy Partners to enter into these Terms, you represent and warrant that:
- You own all the rights and interests in relation to the content that you provide to our Services, sufficient to legally transfer and grant IP all the rights set forth in this document, and that any use of the presented content is consistent with the rights granted to IP in these Conditions, not violate or abuse the rights of any person or organization of any kind, including but not limited to any contract, copyright, trademark right, publicity right, privacy right, any name, affinity, voice or person or any copyright laws of the European Union.
- You will not use FoxyBill to sell escort services, as well as any other types of services that involve a physical meeting with customers
- You have and at any time until the termination of these Terms, reserve the full right to grant all intellectual property rights in relation to the presented content and to the presented content, as specified in these conditions, and to fulfill all other obligations, guarantees and compensations set forth in these Terms and conditions.
- Each submitted content contains legitimate materials and that the performers depicted in each submitted content are not children (over 18 years old or over 21 years old in those places where the age of majority is not 18 years old) at the time of their first participation in the creation of the presented content, in which they take place.
- You have researched, understood and will abide by all laws and legal restrictions in force in the place where you live, especially with regard to issues including, obscenity, materials harmful to minors, and the creation of materials of a sexual nature and related recording requirements
- You will provide us with full and correct info containing the full name, photo and date of birth for each artist present in the content you submit
- You and your partners, employees, employers and affiliates should under no circumstances ask any other user of our Services for any personal or personal information, including but not limited to real usernames, addresses, accounts, billing or payment information and passwords, in no case use the user for unfair personal.
Modifying the Services and Termination
Our services are constantly improved by us, we create new types of them and try to help you conduct a more efficient business. This means that we can add or remove functions or functionality, and we can also pause or stop the Services as a whole. We can take any of these actions at any time, and when we do this, we cannot always notify you of this.
While our sincere wish is to have a long-term and profitable business relationship, you can terminate these Terms at any time and for any reason by sending us an email to support@FoxyBill.com.
IP may also terminate these Terms at any time, for any reason or without it, with 1 (one) month prior notice. That is, that we may stop providing any Services to you or impose new or additional restrictions on your ability to use the Services.
IP may also terminate these Terms without prior notice if you breach any of these Terms. The most common reasons for termination without notice include, but are not limited to, suspicions of illegal activity and repeated violations of the Community Principles.
Regardless of who terminates these Terms, both you and foxy Partners continue to be bound by Sections 3, 4, 9, 14, 16, 17, 18.
You agree to indemnify, protect and hold harmless foxy Partners, shareholders, employees, affiliates, licensors and suppliers, our managing members, shareholders, employees, affiliates, licensors and suppliers, from and against any and all complaints, charges, claims, losses, losses, costs, obligations and expenses (including fees lawyer) caused, arising or connected in any way with: (a) your access to the Services or their use; (b) your ысщзу; and (c) your violation of these Terms. This indemnification obligation applies to this business or other legal entity if you agree to these Terms on behalf of the business or other legal entity.
We try to maintain the Services in working condition on a constant basis without any inconvenience. But we do not make any promises that we will succeed.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NO VIOLATION.
YOU HEREBY AGREE TO ASSUME SOLE RESPONSIBILITY FOR ALL RISKS, CONSEQUENCES AND DAMAGE OF ANY KIND ARISING FROM YOUR INTERACTION AND COMMUNICATION WITH INDEPENDENT PARTNERS; INCLUDING, BUT NOT LIMITED TO, RISKS ASSOCIATED WITH PUBLICITY, SUCH AS THE RISK OF RECORDING, PIRACY, UNAUTHORIZED DISTRIBUTION OR DISCLOSURE OF YOUR SUBMITTED CONTENT, RELATED LICENSED CONTENT, DERIVATIVE WORKS, OR THE PUBLICITY OF YOUR IDENTITY.
ALTHOUGH WE TRY TO DO OUR BEST, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SAFE, ERROR-FREE OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, FAILURES OR SHORTCOMINGS; OR (C) THAT ANY CONTENT OF INDEPENDENT PARTNERS, USER-GENERATED CONTENT OR INFORMATION OBTAINED THROUGH OR THROUGH THE SERVICES WILL BE TIMELY OR SATISFACTORY. INDEPENDENT PARTNERS MAKE EVERY EFFORT, BUT CANNOT BE HELD RESPONSIBLE FOR ANY OF THE ABOVE, AS LONG AS IT FULFILLS ITS OBLIGATIONS IN ACCORDANCE WITH THESE CONDITIONS.
Limitation of Liability
INDEPENDENT PARTNERS AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS AND SUPPLIERS TO THE MAXIMUM EXTENT PERMITTED BY LAW SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR INDIRECT LOSSES, AS WELL AS FOR LOSS OF PROFIT OR INCOME, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES RESULTING FROM: (A) YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE BEHAVIOR OR CONTENT OF OTHER USERS OR THIRD PARTIES IN RELATION TO THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT OR MESSAGES, EVEN IF INDEPENDENT PARTNERS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH LOSSES. THE TOTAL LIABILITY OF INDEPENDENT PARTNERS FOR ALL CLAIMS RELATED TO SERVICES WILL IN NO CASE EXCEED 100 EUROS.
IP AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS AND SUPPLIERS ARE NOT RESPONSIBLE FOR ANY CONDITIONS, DELAYS, CIRCUMSTANCES, LOSSES, FAILURES CAUSED BY EVENTS BEYOND OUR CONTROL, SUCH AS (BUT NOT LIMITED TO) FIRES, FLOODS OR STRIKES.
Choice of Law and Venue
All disputes between you and independent partners will be governed by the laws of Hungary. You and we both agree to transfer all disputes arising from our business relations to the exclusive jurisdiction of the commercial courts of the city of Budapest (Hungary).
This provision will be separated from these Terms and will not affect the validity and applicability of any other provisions if any provision of these Terms is found to be unenforceable.
These Terms constitute the entire agreement between you and the Independent Partners and supersede any previous agreements; they do not create and do not provide any rights of third-party beneficiaries.
If we do not ensure compliance with any provision of these Terms, it will not be considered a failure.
We reserve all rights not expressly granted to you.
Nothing in this document should be construed as limiting or preventing the ability of either party to conduct its business in relation to matters not covered by these Terms.
You can send us formal notifications by sending emails to support@FoxyBill.com.
We can send you official notifications by:
- Sending you emails to the verified email address in your account;
- Posting information in “notification” sections within the administrative areas of our Services.
- Preventing your access to the Services until acceptance of the notice.
You are responsible for monitoring and viewing the “Notification” sections. All notices must be legally binding upon acceptance.
Always share comments, questions, concerns and suggestions with us. Please feel free to send us any feedback at hello@FoxyBill.com.