Standard Agreement Between Buyer and Seller
Effective Date: June 21st, 2022
This standard agreement between the Buyer and the Seller sets out the terms that govern each transaction between a Buyer and a Seller on FeetFinder.
Definitions. In this agreement, the following definitions apply:
“Buyer”means a User who follows a Seller and is able to view the Seller's Content.
“Buyer/Seller Transaction”means any transaction between a Buyer and a Seller on FeetFinder by which access is granted to the Seller's Content, including in any of the following ways: (a) a Subscription; (b) payments made by a Buyer to view a Seller's pay-per-view or pay-per-media Content; (c) payments made by a Buyer to use the Buyer interaction function on a Seller's account; and (d) payments made by a Buyer to a Seller for any other paid feature available now or in the future.
“Buyer Payment”means (a) all payments made by a Buyer with respect to any Buyer/Seller Transaction, and (b) all tips.
“Content”means any material uploaded to FeetFinder by any User (whether a Seller or a Buyer), 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.
“FeetFinder” means the website located at www.feetfinder.com.
“Referring User”means a User who participates in the FeetFinder Referral Program.
“Relevant Content”has the meaning set out in section 5.
“Seller”means a User who has set up their FeetFinder account as a Seller account to post Content on FeetFinder to be viewed by other Users.
“Service Fee”means the fee charged by FeetFinder to Sellers under the Seller Agreement.
Subscription”means a Buyer's subscription to a Seller's account.
“Tax”includes all forms of tax and statutory, governmental, state, federal, provincial, local government, or municipal charges, duties, imposts, contributions, levies, withholdings, or liabilities, including value added tax, sales tax, and use tax, wherever chargeable.
“User”means any user of FeetFinder, whether a Seller or a Buyer or both (also referred to as "you" or “your”).
Applicability. Each time a Buyer/Seller Transaction is initiated on FeetFinder, this agreement will apply to the exclusion of any other terms that the Buyer or Seller may propose, and this agreement legally binds the Buyer and Seller participating in the Buyer/Seller Transaction.
Parties. The only parties to this agreement are the Buyer and Seller participating in the Buyer/Seller Transaction. FeetFinder is not a party to this agreement, and neither grants any rights in respect of, nor participates in, any Buyer/Seller Transaction, except for acting as a payment intermediary under the Seller's and Buyer's instructions set out in section 4 of this agreement.
Pricing and Payment. By entering into a Buyer/Seller Transaction, the Buyer shall pay the Buyer Payment applicable to the relevant Buyer/Seller Transaction according to the pricing published in the Seller's account plus any applicable Tax. The Buyer and Seller participating in the Buyer/Seller Transaction authorize FeetFinder or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the Buyer Payment and any applicable Tax, to deduct the Service Fee, and to pay out the sums due to Sellers and (if applicable) Referring Users, as described in the FeetFinder Seller Agreement.
Content License. Once the Buyer has made the Buyer Payment for a Buyer/Seller Transaction, the Seller hereby grants the Buyer a limited license to access the applicable Content of that Seller to which the Buyer/Seller Transaction relates (“Relevant Content”). This license is non-transferable, non-sublicensable, and non-exclusive, and allows the Buyer to access, view, and download the Relevant Content on the Buyer's personal device and via a normal web browser (and to make a temporary copy of that Content only to the extent that this is an incidental and technical process forming part of the Buyer's accessing the Content (i.e., caching)), according to the Terms-of-Service Agreement.
Content Ownership. The Buyer participating in the Buyer/Seller Transaction acknowledges that the Relevant Content license provided in section 5 of this agreement does not result in the Buyer acquiring any rights in or to the Relevant Content, which rights shall be retained by the Seller of the Relevant Content.
License Termination. Except for Content that the Buyer has downloaded, the license granted to a Buyer for the Relevant Content will terminate automatically without notice in the following circumstances:
if the Buyer Payment related to the Buyer/Seller Transaction was unsuccessful or is charged back or reversed for any reason;
with respect to pay-per-view Content, once the Buyer has finished viewing the Content;
with respect to Subscriptions, at the end of the subscription period, unless the Subscription is configured to automatically renew as described in Section 20.3 of the FeetFinder Terms-of-Service Agreement;
if the Buyer's User account is suspended or terminated for any reason;
if the Buyer acts in breach of the Terms-of-Service Agreement (whether with respect to the Relevant Content or at all);
if the Content is removed from the Seller's account; or
if the Buyer closes their FeetFinder User account.
Cancellation and Refunds. With respect to every Buyer/Seller Transaction:
The Buyer acknowledges that the Buyer/Seller Transaction will result in a supply of the Relevant Content to the Buyer before the end of the period of 14 days from the date when the Buyer/Seller Transaction is entered into, and the Buyer gives his or her express consent to this and confirms to the Seller that he or she is aware that any statutory right to cancel the Buyer/Seller Transaction that the Buyer has under applicable law will therefore be lost.
This agreement does not affect any statutory right to receive a refund from the Seller that a Buyer may have under applicable law.
Seller and Buyer Obligations. With respect to every Buyer/Seller Transaction:
The Buyer and the Seller participating in the Buyer/Seller Transaction shall comply at all times with the FeetFinder Terms-of-Service Agreement with respect to the Relevant Content, including when accessing, viewing, downloading, and interacting with it.
The Buyer participating in the Buyer/Seller Transaction shall make the Buyer Payment required to access, view, download, or interact with the Relevant Content, and shall not initiate a chargeback other than if the Buyer disputes the Buyer/Seller Transaction in good faith.
The Seller participating in the Buyer/Seller Transaction shall make the Relevant Content available to the Buyer once the Buyer has made the Buyer Payment applicable to the Relevant Content.
The Seller warrants that it possesses all necessary rights in and to the Relevant Content sufficient to license it to the Buyer in the territory in which the Buyer will be accessing, viewing, or downloading the Relevant Content and has obtained all permissions and consents needed to grant the license in section 5 of this agreement.
The Seller is solely responsible for creating and uploading the Relevant Content. The Seller provides no guarantees that it will continue to create and upload Relevant Content on an ongoing basis.
Unless there has been negligence or other breach of duty by the Seller, the Buyer's accessing and downloading of the Seller's Content is entirely at the Buyer's own risk.
No Guarantees. The Buyer participating in the Buyer/Seller Transaction acknowledges that Sellers may add and remove Content at any time from their Seller account, and that Sellers have the discretion to decide what sort of Content to make available on their account. In addition, the Buyer participating in the Buyer/Seller Transaction acknowledges that there may be circumstances where it is not possible for the Buyer to access Relevant Content to be provided under the Buyer/Seller Transaction, including:
if the Seller's account is suspended or deleted;
if the Buyer's account is suspended or deleted;
if the availability of all or any part of the FeetFinder website is suspended or inaccessible; or
if the Seller is unable to create or upload Relevant Content in the future.
Governing Law and Dispute Resolution
Nevada law governs all matters arising out of or relating to this agreement without giving effect to any conflicts of law principles. The Buyer will also be able to rely on mandatory rules of the law of the jurisdiction where the Buyer resides.
All claims and disputes arising under or relating to this agreement are to be settled by binding arbitration. The arbitration shall be conducted by Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is not available) and the parties shall be bound by all rules of ARS and any award/decision rendered. ARS rules can be found at www.arbresolutions.com. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all decisions. Any such arbitration shall be conducted by an arbitration experienced in e-commerce and shall include a written record of the arbitration hearing. An award of arbitration may be confirmed in a court of competent jurisdiction.
Any disputes not subject to arbitration must be brought in the courts of competent jurisdiction where the Buyer resides.
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