General information
Welcome to our website. This site is the property of www.itsthingy.com. These terms and conditions provide your use of our website and services provided therein. Throughout these terms and conditions, the terms “we”, “us” and “our” refer to www.itsthingy.com whereas, “you”, “your” refers to visitors and individual users of this website and collectively called as parties.
The word “agreement” used hereunder refers to the terms and conditions of www.itsthingy.com . Moreover, the words donating the gender in these terms and conditions include the masculine, feminine and neuter whereas, references in these terms and conditions to the singular words include plural and vice versa.
You acknowledge and agree that these terms and conditions are legally binding agreement between you and us. You are requested to read these terms and conditions carefully and if you do not agree with any of the provision herein provided, you should not access and use our website. If these Terms and conditions of service are considered an offer, acceptance is expressly limited to these Terms and Conditions.
WHEREAS, these terms and conditions WITNESSETH that in consideration of conditions herein contained, it is hereby covenanted, agreed and declared by and among the parties (as defined herein) as follows:
SECTION 1: ABOUT US
www.itsthingy.com is an original and hosting website that enables users to access, view, upload, store and share their content and earn certain consideration thereof. Our aim is to enable including, without limitation, the artists, influencers, bloggers and other content creators to upload their work and earn every time their content is purchased by one of our worldwide customers through paid posts, subscriptions and calls and messages.
SECTION 2: REGISTRATION
2.1 In order to access our services, and to buy the content available on our site, you shall create account with us. Therefore, for that purpose you are obliged to provide us some of your personal information including without limitation, your name, your address, email address, your telephone number, your date of birth, credit card information. Moreover, you shall also be required to choose a name and set a password for the purpose of registration with us. By registering with us, you acknowledge and agree that you are bound by our terms and conditions. If you do not register with us, you may not be able to access all the functions of our website.
2.2 In order to verify that the email address and the information you provided is valid, you will receive an email from us asking you to validate your information.
2.3 You acknowledge and agree that the information provided by you for the purpose of registration with us is your own and is true and correct. Moreover, you also acknowledge and agree that you shall solely be responsible to us and others for all activity that occurs under your Account with us. You are solely responsible to protect and keep your user Id and password confidential which are necessary to access your account with us.
2.4 Do not impersonate someone else, and if you have found that someone is using your account without your permission report us at: admin@itsthingy.com
2.5 You acknowledge and agree that if we find any suspicious activity under your account, or any incorrect information from you, or any other discrepancy we shall have a right to suspend or restrict you to access our services.
2.6 For safety and security of your information, please visit our privacy policy.
SECTION 3: PROHIBITED CONTENT
We do not allow you to upload following content using our website.
1. Discriminatory Content.
2. Pornography.
3. Content promoting violence.
4. Content promoting illegal acts.
5. Offending Content.
6. Content offending religious sentiments of any community.
7. Defamatory Content.
8. Content violating any applicable laws and regulations.
If we find out that you have uploaded any of the content prohibited under this section, you agree that we shall have right to remove the content and/or suspend and restrict you from using our website, without any notice and warning to you.
SECTION 4: PROHIBITED ACTS
You acknowledge and undertake that you shall not do including, but not limited to, the following acts:
1. Do not infringe someone’s intellectual property rights.
2. Do not upload prohibited content as specified in section (3)
3. Do not violate the law.
4. Do not impersonate someone.
5. Do not lie.
6. Do not spam.
7. Do not harm someone’s personal information.
If you have done any of the act aforesaid, you agree that you shall solely be responsible for that. www.itsthingy.com shall not be liable to you or to any other third party. You also agree and
acknowledge that we shall have right to remove the content and/or suspend and restrict you from using our website, without any notice and warning to you.
SECTION 5: YOUR RIGHTS
You have right to post and upload anything you wish to; under your account and profile as far as your content is not prohibited under clause (3). Moreover, you acknowledge and agree that if you violated the aforesaid clause you shall solely be responsible for that. www.its.thingy.com shall not
be held liable for any damages or losses related to your use of the Services on our website or such violation. You agree and acknowledge to keep us harmless from all the disputes arising in connection with your violation of someone’s intellectual property rights and agree. Whereas, we shall not be involved in any disputes between you and third parties.
SECTION 6: OUR RIGHTS
If anyone reports your activity on our website, arising in connection with any intellectual property right’s violation, impersonating someone, harming someone’s reputation or any other illegal activity or if we find any suspicious activity on your profile we shall have the right to suspend and restrict your use of our website, at our sole discretion, without any notice to you.
SECTION 7: PAYMEMT AND FEE
7.1 As a creator there are two fees associated with your membership on itsthingy.com. The first is the platform fee, which is 15% of all revenue at itsthingy.com which includes all paid activity. The second is the payment transaction fees for payment gateway (currently up to 16%), the total amount deducted will be 30%. The creators will receive 70% of their revenue after deductions.
Depending on your customers' locations, some banks may charge your customer a foreign transaction fee for their membership subscription. Itsthingy.com does not control this charge, but it is typically around 3%.
7.2 Tax
We do not handle most tax payments, but we collect tax identification information and report this to tax authorities as legally required. You are responsible for reporting any taxes.
7.3 Cancellation
If you'd like to cancel your subscription and not to be billed again, please contact us on admin@itsthingy.com, via live support through your app or email at support@itsthingy.com
SECTION 8: YOUR INTELLECUAL PROPERTY RIGHTS
For the entire period, during which your content is uploaded on the www.itsthingy.com, you give us a non-exclusive rights to reproduce, represent, exploit, exhibit, show, market, distribute and to technically modify and compress your content as is strictly necessary for the purposes of the viewing and/or streaming of your Content. Despite this allowance, Your Content shall always remain your property. Please note that due to the nature of the Internet and digital media, data transmitted – including your Content – cannot be protected against risks of misappropriation and/or piracy, for which we shall not be liable. You are solely responsible for taking all appropriate steps to protect your data, where applicable.
SECTION 9: OUR INTELLECTUAL PROPERTY RIGHTS
We grant you a personal, non-exclusive, non-transferable and revocable right to access and use of our services, whereas your right is conditioned on your compliance with the Terms. The content (other than your Content and other users' content) included on or accessible through our website, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, photographs, graphs, videos, typefaces, graphics, music, sounds, and
other material and software is our exclusive property and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations.
Our Content shall not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without our prior written consent. You agree to not use or exploit our Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any of our content.
SECTION 10: LIABILITY AND WARRANTY
10.1 www.itsthingy.com is not liable to monitor content uploaded on our website. We do
not give any warrantee to actively seek facts or circumstances indicating illegal content but shall forthwith remove or disable access to any infringing content once we are notified of its existence or if we find it out ourselves. Moreover, you acknowledged and agree that your use of our services and websites shall be at your sole risk and liability and we have no liability thereof. For that purpose, you are solely responsible for:
a) Your content and use of our website.
b) The protection of computer hardware against any virus or interruption. We shall not be held liable in case of any interruption.
10.2 Moreover, we may enhance, modify and update our services at our own sole discretion. For the sake of clarity, you shall not have any right to request any modification to our services.
10.3 Furthermore, we disclaim all warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of business, fitness for a particular purpose, and non-infringement to the fullest extent permissible under applicable law. We also disclaim all warranties, take no responsibility and assume no liability for the content present on our website, including but not limited to any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography or profanity you may encounter on our website posted by any of the user violating the provision of this agreement. Additionally, we make no warranty or representation that the our services in whole or in part, will be uninterrupted, error-free or secure, including with respect to the delivery of your content and/or any limitations on your or any other visitors ability to access, view or use your Content or any other content, or that any information obtained from us will be accurate or reliable.
10.4 You acknowledge and agree that we shall not be held responsible in any case for any malfunctions, inherent of the nature of the Internet, in the access and/or the use of our website or any default of obligations caused by force majeure or an unintentional cause. Unless otherwise stated herein, we do not provide you any guarantee of any kind, whether expressly or implicitly, in any area, including and in particular any guarantee of fitness for a particular purpose.
10.5 Nothing herein provided, shall exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law. Subject to this overall provision above, we shall not be liable, and you agree to keep us harmless from any action or claim for any indirect or consequential losses which may be incurred by you. This shall include, without limitation, any loss
of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of opportunity or any loss of data suffered, or any loss or damage which may be incurred as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or any amendments which we may make to our website and Service, or for any permanent or temporary cessation in the provision of the our services or any feature thereof or the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the our Service and website or your failure to provide us with accurate account information or your failure to keep your password or your accounts details secure and confidential.
10.6 Moreover, in case of money laundering, infringement of anyone’s personal or intellectual property rights, defamation, illegal activity carried out by someone using our services, we shall have no liability thereof. The person committing prohibited act shall be liable and agrees to keep us harmless from any action, claim, indemnity and legal proceedings in this regard.
10.7 The limited liability provided in this section shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
SECTION 11: YOUR WARRANTIES
You represent and warrant in relation to any material that you post, transmit or submit via the
Website that:
i. You are authorized to upload the content.
ii. The content shall not infringe or interfere with any of the personal rights of any person. iii. The content is original and does not infringe any intellectual property right including. iv. The content is not defamatory or obscene.
v. The content does not infringe any legislation or regulations.
vi. You agree not to post, submit or transmit via the Website any persons' name, contact details and other personal information unless you have first sought and obtained the written permission of that person to do so.
vii. By posting, submitting or transmitting content via the Website, you agree to grant us a perpetual, non-exclusive and payment-free license to reproduce, use and exploit the intellectual property, as part of the Website.
SECTION 12: DATA AND PRIVACY
We keep all the records of you using our website on our systems in compliance with standard safety practices and applicable laws and all the records shall be considered proof of emails exchanged, registration forms sent, videos uploaded, and other activity, being agreed that, in the event of a discrepancy between our records and any paper or electronic documents in your possession, our records shall be authoritative and controlling. We understand that privacy is important to you and therefore, aim to protect your personal data collected by us. If you want to find out more about the personal data collected, how we collect them and the related processes, please check our privacy policy available at any time on our website.
SECTION 13: LINKS
Our website contains links to sites operated by third parties. You acknowledge and agree that we have no control over these third-party sites and the existence of those links and is not to be considered as an endorsement of the third-party sites by us. Therefore, we shall not be held liable for the content or material contained on the linked sites.
SECTION 14: CHILDREN UNDER EIGHTEEN (18)
Children under the age of eighteen (18) are not allowed on our website. We do not knowingly collect Personal Information from children under the age of Eighteen. If you are under the age of Eighteen (18), you must ask your parent or guardian for permission to access our site.
SECTION 15: ACKNOWLEDGMENT
You acknowledge and agree that, you have read all the terms and conditions and other policies available on our website.
SECTION 16: MISCELLANEOUS
16.1 You agree that all the communication shall be made between us by an email at your given address.
16.2 Performance and obligations to fulfill these terms is excused during the period such performance is prevented or delayed by the government restrictions (whether with or without jurisdiction), war or warlike activity, insurrection or civil disorder, or any other cause similar or dissimilar to the foregoing that are beyond the control of the parties and not enforceable at the time the agreement is executed.
16.3 It is hereby agreed that we may at its sole discretion, amend, alter, change, any of the provision of these terms and conditions and such modifications shall be adhered to and have the same effect as if they had been originally embodied in and formed a part of these terms and conditions.
16.4 Any captions or headings used in these terms and conditions are solely for the convenience of the parties hereto, are not part of these terms and conditions, and are not to be used for the interpretation or determination of e validity hereof.
16.5 If any particular term of these terms and conditions is determined to be invalid, the invalidity and enforceability would not affect the remaining provisions, which will nevertheless remain in full force and affect.
16.6 We may modify any of the term of these terms and conditions at its sole discretion, any time with or without notice to you.
16.7 In case of any complaint, question or any other concern contact us at
admin@itsthingy.com.
16.8 You acknowledge and agree that all the disputes arising between us regarding these terms and conditions shall be resolved according to the governing Law of United Kingdom. Moreover, this agreement is to be governed for all purposes by and construed in accordance with the governing law of United Kingdom and venue is to be lie exclusively in the courts for civil matters.
SECTION 17: REPORTING PROHIBITED CONTENT
We have established an easily accessible means of allowing anyone to notify it of the availability of infringing content or illegal content and/or activity on our website. If you notice infringing or illegal content and/or activity on our website, you can report it to us at any time by contacting us at admin@itsthingy.com
SECTION 18: COMPLAINTS, FEEDBACKS AND OTHER QUESTIONS
If you have any question, concern, feedback related to these terms and conditions or about our
services you are encouraged to contact us at: admin@itsthingy.com.