Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you (“you”) and Valyou Platform (as defined below) governing your access to and use of the Valyou Platform's website https://valyou.cc/ (collectively, “Site”), and all associated services (collectively, “Valyou Services”). The Site and Valyou Services are hereinafter collectively referred to as the “Valyou Platform”.

Collection and use of personal information by Valyou Platform in connection with your access to and use of the Valyou Platform are described in our Privacy Policy incorporated by reference into this Agreement and located at: https://valyou.cc/termsofservice.html

PLEASE READ THIS AGREEMENT CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE VALYOU PLATFORM, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT; AND (B) HEREBY CONFIRM THAT YOUR AGE IS SUFFICIENT FOR SUCH REGISTRATION UNDER THE APPLICABLE LAWS AND/OR YOU HAVE ALL NECESSARY CONSENTS (E.G. PARENTAL CONSENTS) IN FULL COMPLIANCE WITH THE APPLICABLE LAWS, INCLUDING FOR PURPOSES OF DATA PROTECTION LAWS, OTHERWISE THE REGISTRATION AT THE VALYOU PLATFORM AND ITS USING IS PROHIBITED.

IN THE EVENT THAT YOU, IN ACCORDANCE WITH THE LAWS OF YOUR STATE, ARE PROHIBITED TO USE VALYOU PLATFORM OR PORTIONS THEREOF OR THERE ARE OTHER LEGAL RESTRICTIONS, YOU DO NOT HAVE THE RIGHT TO USE IT. IN SUCH A CASE, YOU WILL BE SOLELY RESPONSIBLE FOR THE USE OF VALYOU PLATFORM OR THE RELEVANT PART OF IT ON THE TERRITORY OF YOUR STATE IN VIOLATION OF THE RELEVANT LEGISLATION.

  1. Scope of Services
    1. The Valyou Platform is an online platform that: (a) Allows registered users ("Creators") to create personalized cryptocurrency and use the platform's functionality to enter into legally binding service agreements. Supporters ("Users") can contribute to and access content created by the Creators ("Creator Content"), which may be available for free or for a fee set by the Creator ("Creator Fees"). (b) Enables Creators to receive donations from Users to support their work and potentially enhance the quality of Creator Content ("Donations"). (c) Allows Users to make Donations and communicate with Creators through various means available on the Valyou Platform, including sending text messages.
    2. Except as expressly specified in these Terms: (a) Valyou does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Creator Content and does not participate in communications between Creators and Users. (b) Creators are solely responsible for their Creator Content, and Users are solely responsible for their User Content. (c) Valyou is not a party to any contractual relationship between Creators and Users and is not an insurer. (d) Valyou does not act as an agent for Creators or Users, except as expressly set 4 in Section 2.
    3. While Valyou Platform may help facilitate the resolution of disputes, Valyou Platform has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Creator Content or User Content (ii) the performance or conduct of any Creator or User or third party. Valyou Platform does not endorse any Creator or Creator Content or User or User Content. You should always exercise due diligence and care when deciding whether to communicate or enter into any kind relationship with Creators.
    4. If you choose to use the Valyou Platform, your relationship with the Platform is limited to being an independent, third-party, and not an employee, agent, joint venturer or partner of Valyou Platform for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Valyou Platform.
    5. The Valyou Platform may contain links to third-party websites or resources (“Third-Party Services”). These Third-Party Services may have different terms, conditions, and privacy practices. Valyou is not responsible for the availability, accuracy, content, products, or services of these Third-Party Services. Links to Third-Party Services do not imply endorsement by Valyou.
    6. Due to the nature of the Internet, Valyou cannot guarantee continuous and uninterrupted availability of its platform. Valyou may restrict access to the platform or certain features if necessary due to capacity limits, security issues, server integrity, or maintenance. Valyou may also improve, enhance, and modify the platform and introduce new services periodically.
    7. Subject to your compliance with these Terms, Valyou grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the platform within its intended purposes and functionality.
    8. Using Valyou is free of charge. However, Valyou reserves the right to charge fees to Creators or Users for using the platform at any time by amending these Terms and Payment Terms.
  2. Eligibility, Using the Valyou Platform
    1. Valyou Platform may make the access to and use of the Valyou Platform, or certain areas or features of the Valyou Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria.
    2. User verification on the Internet is difficult and Valyou Platform does not assume any responsibility for the confirmation of any Creator or User identity except expressly provided by applicable law. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, Valyou Platform may, but have no obligation to (i) ask Creators or Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of them, (ii) screen Creators and Users against third party databases or other sources and request reports from service providers, and (iii) where Valyou Platform has sufficient information to identify a Creator or User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
    3. The access to or use of certain areas and features of the Valyou Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Valyou Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
  3. Creator Fees and Donations; Agency Agreement
    1. The Creator collecting Creator Fees and/or Donations from Users via the Valyou Platform hereby appoints Valyou as their commercial bill collection agent. Valyou is authorized to act as an intermediary for collecting Creator Fees and/or Donations from Users and remitting them to the Creator in accordance with these Terms of Service ("Agency Agreement")
    2. This Agency Agreement is entered into for an indefinite period of time.
    3. The Creator and the Valyou Platform, shall act dutifully and in good faith towards each other.
    4. For its services, the Valyou Platform charges an agency fee to the Creator or User (“Agency Fee”), further specified in the Payment Terms. The Payment Terms form an integral part of this Agency Agreement.
    5. The Creator and User are responsible for paying any Agency Fee that he/she/they owes to the Valyou Platform. Except as otherwise provided on the Valyou Platform, Agency Fees are non-refundable.
    6. The Users accepts and agrees that (i) Donations by their nature are unconditional and unsolicited; (ii) the User gains access to corresponding Creator Content at the moment when Creator Fees are paid, therefore the services of Creators are provided in full at the moment of such payment. Except as expressly set forth in accordance with applicable legislation, paid Creator Fees and Donations are final and non-refundable, including in the event that the User is dissatisfied with the Creator Content.
    7. Upon request of the Valyou Platform, the Creator shall provide the Valyou Platform with the information necessary for the performance of this Agency Agreement and/or which the Valyou Platform requires to verify the amounts of Agency Fees due. The Valyou Platform's Privacy Policy is applicable to any personal data provided by the Creator to the Valyou Platform in the context of this Agency Agreement.
    8. The Creator understands that the Valyou Platform's obligation to remit any Creator Fees and/or Donations to the Creator is subject to and conditional upon successful receipt of the associated Creator Fees and/or Donations from Users. The Valyou Platform guarantees remittances to Creators only for such amounts that have been successfully received by the Valyou Platform from Users in accordance with the Payment Terms.
    9. The Valyou Platform reserves the right to change the Agency Fee at any time.
    10. The Valyou Platform or the Creator may at any time terminate this Agency Agreement by notice in writing.
    11. In no event will the Valyou Platform be liable to the Creator or User for any direct, indirect or consequential damages arising from or relating to this Agreement.
    12. In no event shall the Valyou Platform be liable to any third parties (meaning: anyone not party to this Agency Agreement) for any direct, indirect or consequential damages caused by or arising out of any acts or omissions of the Creator.
    13. In the event of any conflict or inconsistency between the terms of this Agency Agreement and other terms contained in the Terms of Service, the terms of this Agency Agreement shall prevail.
  4. Account; Pages; Creator Fee and Donations
    1. You must register an account ("Account") to access and use certain features of the Valyou Platform. In order to open an Account, you will be asked to provide Valyou Platform with certain information like an account name, password, age and/or other information (all of which will be protected by our Privacy Policy).
    2. By registering on the Valyou Platform you confirm that you are of legal age to be entitled to such registration under laws of the country of residence and you have all necessary consents in full compliance with applicable laws, including for purposes of data protection laws. If this is not the case, registration on the Valyou Platform and use of the Valyou Platform is prohibited. If you are not permitted to use the Valyou Platform by the laws of your country, you shall not use the Valyou Platform. In this case, you shall bear individual liability for use of the Valyou Platform in your country in violation of applicable laws.
    3. While Valyou Platform uses reasonable security precautions, you are solely responsible for maintaining the confidentiality of Account and password, for restricting access to your computer and for all activities that occur under your account or password. Please make sure you provide to Valyou Platform on registration and at all other times information which will be true, accurate, current, Valyou Platform and kept up to date to the best of your ability.
    4. If You have reason to believe that your Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you must immediately notify Valyou Platform at teamvalyou.cc.
    5. You may not assign or otherwise transfer your Account to another party.
    6. Valyou Platform may permit you to register for and log onto the Valyou Platform via a certain third party API, such as by using Google account. If you log in via such API, the profile information connected to the account you use to log into the Valyou Platform, including your name, may be used by Valyou Platform in order to provide and support your Account. You also acknowledge and agree that Valyou Platform may publish information regarding your use of the Valyou Platform to and in connection with any such third party API with which you use the Valyou Platform (unless you tell Valyou Platform otherwise).
    7. Each User has a possibility to become a Creator by registering a Page where such a user intends to provide the content to the other users (“Page”). Each Page containing or aimed at containing at least one element of an Adult Content, including containing or aimed at containing Adult Content in Messages, shall be appropriately marked in accordance with the terms of the Agreement.
    8. Each Creator may provide a part of its Creator Content for a Creator Fee subject to be determined by the Creator on the Valyou Platform. Each Creator may provide different parts of its Creator Content to the Users for a different Creator Fee.
    9. If a User intends to gain access to such Creator Content, such User shall pay a Creator Fee as determined by a Creator.
    10. Creators shall independently fulfill their obligations regarding the Creator Content including one provided for Creator Fee, single payments, Subscription Payments and or Donations. The Valyou Platform shall bear no liability regarding the action and/or inactions of Creators connected with the Creator Content and the fulfillment of separate agreements, entered into between Creators and Users using Valyou Platform Platform.
  5. Content; Promotions
    1. Valyou Platform Content: You acknowledge and agree that Valyou Platform and any content it makes available, including trademarks, logos, and service names (“Valyou Content”), are the exclusive property of Valyou Platform and/or its licensors or suppliers. You may not copy, imitate, or use any Valyou Content, in whole or in part, without prior written permission from Valyou. Any authorized use of Valyou Content must follow the guidelines provided by Valyou. You may not use any metatags or hidden text using "Valyou", “Valyou Platform”, or any other names, trademarks, or service names of Valyou without prior written permission. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not imply endorsement, sponsorship, or recommendation by Valyou.
    2. Content. Creator Content and User Content collectively hereinafter referred to as “Content”. If Valyou Platform allows you to publish any Content, then you are solely responsible for your Content and the consequences of publishing it. By uploading/ publishing / making available your Content on Valyou Platform and/or using Valyou Platform in connection with your Content, you represent and warrant that: (1) you are the creator and owner of the certain Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your Content at any time comply with these Terms, including but not limited to the Code of Conduct provided in the Section 6; and (3) your Content does not and will not (a) violate any applicable law, rule or regulation or (b) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (c) slander, defame, or libel any other person or (d) promote violence, the use of firearms, or unlawful subject matter or activities or (e) be defamatory, libelous, deceptive, pornographic or sexually explicit; (4) your Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code or (5) unless you have received prior written authorization, your Content specifically does not contain any prerelease or non-public beta software or game content or any confidential information of Valyou Platform or third parties. Valyou Platform reserves all rights and remedies against any Creators who breach these representations and warranties.
    3. Any Content, may in its entirety or in part be protected by copyright, trademark, and/or other laws of the certain state. You acknowledge and agree that any Content, including all associated intellectual property rights, are the exclusive property of the respective owners. You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or acValyou Platforming the Valyou Platform Content or any Content. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Valyou Platform Content or Content, except to the extent you are the legal owner of certain Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Valyou Platform or its licensors, except for the licenses and rights expressly granted in these Terms.
    4. Adult Content. You can post Creator Content containing nudity or posts on mature themes (“Adult Content”) on the Valyou Platform as long as you and your Content comply with these terms, especially the Code of Conduct and mark your Page as “Adult” in its setting in order to hide it from minors. Both nudity and implied nudity as the gimmicky censorship of breasts and genitals, sheer/see-through clothing, and overly sexual poses shall always be marked as Adult Content. However, you cannot post Adult Content in public areas of your Account including your profile picture, "about me" section. Any Creators featuring Adult Content on their Pages cannot offer any Content that is limited to a single user, such as a custom video or audio file specifically created for one user. It is also prohibited to create a Page with Adult Content for one user. Users can actively participate in your creative process only for as long as the benefits of your Page (i.e. its Content) are delivered to a larger group of users.
    5. License to use Content. If you distribute or make available any Content through the Valyou Platform, you hereby grant to Valyou Platform a worldwide, non-exclusive, royalty-free, perpetual, transferable and fully sublicensable right to use, host, convert for streaming, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit your Content, in any form, format, media or media-сhannels now known or later developed or discovered. You grant Valyou Platform and our sublicensees the right to use the name that you submit in connection with that content, if Valyou Platform or they choose. This clause shall survive the termination of the Terms on any reason except for the cases when it is prohibited by applicable law.
    6. Limitation of liability for Content. Valyou Platform takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Valyou Platform liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Valyou Platform is at your own risk. Enforcement of the Content or conduct rules set forth in these Terms of Service is solely at Valyou Platform's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Valyou Platform will not contain any content that is prohibited by such rules. As a provider of interactive services, Valyou Platform is not liable for any statements, representations or Content provided by our users in any public forum, personal home page or other Interactive Area. Valyou Platform does not endorse any Content or any opinion, recommendation or advice expressed therein, and Valyou Platform expressly disclaims any and all liability in connection with Content. Although Valyou Platform has no obligation to screen, edit or monitor any of the Content posted in any interactive area, Valyou Platform reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the Valyou Platform at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Valyou Platform at your sole cost and expense. Any use of the interactive areas or other portions of the Valyou Platform in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the interactive areas and/or the Valyou Platform.
    7. At all times Valyou Platform reserves the right to delete or block any Content in case of any breach or alleged breach of these Terms of Service.
    8. Any promotions administered or conducted using the Valyou Platform ("Promotion") are subject to prior separate agreements between Valyou Platform and you. If you choose to promote, administer or conduct a Promotion subject to foregoing, you always must follow the following rules:
    9. you may carry out Promotions to the extent permitted by applicable local law and you are solely responsible for ensuring that you and any Promotions comply with any and all applicable local law obligations and restrictions as well as to any Valyou Platform documents;
    10. you, at your expense, will be solely responsible for all aspects of your Promotion, including, without limitation, the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including, without limitation, filing any and all necessary registrations and bonds. Valyou Platform has the right to remove your Promotion from the Valyou Platform for any reason.
    11. Valyou Platform is not responsible for and does not endorse or support any such Promotions. You may not indicate that Valyou Platform is a sponsor or co-sponsor of the Promotion.
    12. All Creators should display or read out the following when a Promotion is on their Page or Message: "This is a promotion from [Page name]. Valyou Platform does not sponsor or endorse Creator promotions and is not responsible for them".
    13. For clarity, any Promotion may take place upon additional binding agreement between you and Valyou Platform and subject to technical functionality of Valyou Platform.
  6. Code of Conduct
    1. You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Valyou Platform. In connection with your use of the Valyou Platform, you will not and will not assist or enable others to:
      1. use the Valyou Platform for any purposes except to access the Valyou Platform and use it in accordance herewith;
      2. rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in these Terms;
      3. post, upload, or distribute any defamatory, libelous, or inaccurate Content;
      4. use the Valyou Platform to provide or encourage sexual services;
      5. use the Valyou Platform to provide access to pornographic material such as giving access to a website or shared private access to pornographic creations whether on Valyou or on any other platform. Pornography is defined as real people engaging in sexual acts such as masturbation or sexual intercourse on camera;
      6. use the Valyou platform to fund escort activity;
      7. offer an erotic webcam session to the Users;
      8. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Valyou Platform accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Valyou Platform, or perform any other similar fraudulent activity;
      9. delete the copyright or other proprietary rights notices on the Valyou Content or Valyou Content or Content;
      10. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Valyou Platform, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;
      11. harvest or collect the email addresses or other contact information of other users from the Valyou Platform for the purpose of sending spam or other commercial messages;
      12. use the Valyou Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy; defame, harass, abuse, threaten or defraud users of the Valyou Platform Platform, or collect, or attempt to collect, personal information about users or third parties without their consent;
      13. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Valyou Platform Platform or Content, features that prevent or restrict use or copying of any content accessible through the Valyou Platform Platform, or features that enforce limitations on the use of the Valyou Platform Platform or Content;
      14. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Valyou Platform Platform or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your country of residence;
      15. modify, adapt, translate or create derivative works based upon the Valyou Platform Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
      16. intentionally interfere with or damage operation of the Valyou Platform Platform or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; relay email from a third party's mail servers without the permission of that third party;
      17. use any robot, spider, scraper, crawler or other automated means to access the Valyou Platform Platform for any purpose or bypass any measures Valyou Platform may use to prevent or restrict access to the Valyou Platform Platform; manipulate identifiers in order to disguise the origin of any Content transmitted through the Valyou Platform Platform;
      18. interfere with or disrupt the Valyou Platform Platform or servers or networks connected to the Valyou Platform Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Valyou Platform Platform;
      19. use the Valyou Platform Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Valyou Platform Platform, or that could damage, disable, overburden or impair the functioning of the Valyou Platform Platform in any manner;
      20. use or attempt to use another user's account without authorization from that user and Valyou Platform;
      21. attempt to circumvent any content filtering techniques Valyou Platform employs, or attempt to access any service or area of the Valyou Platform Platform that you are not authorized to access;
      22. harvest, collect, transfer, send, show, publicly display or in any way reveal any information about any User of Creator, that was collected or obtained while using Valyou Platform Platform, including e-mail addresses of Users or Creators; or attempt to indicate in any manner that you have a relationship with us or that Valyou Platform have endorsed you or any products or services for any purpose.
    2. Further, BY USING THE VALYOU PLATFORM, INCLUDING YOU AGREE NOT TO post, upload to, transmit, distribute, store, create or otherwise publish through the Valyou Platform or use in relation to Valyou Platform any of the following:
      1. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law or regulation;
      2. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
      3. Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
      4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
      5. Content that depicts real people engaging in sexual acts such as masturbation or sexual intercourse on camera;
      6. Nude creations of any individual under the age of 18, including yourself;
      7. Content that creates or contains illustrated, animated or other depictions of bestiality, rape, and child exploitation (i.e., a sexualized depiction of minors), fringe sexual fetish creations, such as incest, necrophilia, or fetish creations that is hard to distinguish from non-consensual sex;
      8. private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
      9. viruses, corrupted data or other harmful, disruptive or destructive files and content that, in the judgment of Valyou Platform, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Valyou Platform Platform, or which may expose Valyou Platform or our users to any harm or liability.
    3. If you feel that any person you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Valyou Platform by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
  7. Disclaimers; Liability; Indemnification
    1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE VALYOU PLATFORM AND RESPECTIVE FEATURES AND VALYOU CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY VALYOU PLATFORM; (B) VALYOU PLATFORM, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE VALYOU PLATFORM, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) VALYOU PLATFORM DOES NOT REPRESENT OR WARRANT THAT INFORMATION, CONTENT OR MATERIALS ON THE VALYOU PLATFORM ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) VALYOU PLATFORM IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE VALYOU PLATFORM ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE VALYOU PLATFORM SERVICE SAFE, VALYOU PLATFORM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE VALYOU PLATFORM OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VALYOU PLATFORM OR THROUGH THE VALYOU PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE TERM " VALYOU PLATFORM" INCLUDES VALYOU PLATFORM'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
    2. NOTWITHSTANDING VALYOU PLATFORM'S APPOINTMENT AS THE COMMERCIAL BILL COLLECTION AGENT OF CREATOR AS SPECIFIED HEREIN, VALYOU PLATFORM EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CREATOR OR OTHER THIRD PARTY. VALYOU PLATFORM DOES NOT HAVE ANY DUTIES OR OBLIGATIONS AS AGENT FOR EACH CREATOR EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THESE TERMS, AND ANY ADDITIONAL DUTIES OR OBLIGATIONS AS MAY BE IMPLIED BY LAW ARE EXPRESSLY EXCLUDED.
    3. THE VALYOU PLATFORM DOES NOT PROVIDE ANY PREMODERATION OF THE CREATORS' AND/OR USERS' CONTENT AND TO THE FULLEST EXTENT PERMITTED BY LAW THE VALYOU PLATFORM DISCLAIMS ANY LIABILITY FOR ANY CONTENT PUBLISHED ON THE VALYOU PLATFORM EXCEPT THE VALYOU CONTENT.
    4. Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL VALYOU PLATFORM OR THE VALYOU PLATFORM'S PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE VALYOU PLATFORM, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM VALYOU PLATFORM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO VALYOU PLATFORM'S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VALYOU PLATFORM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE VALYOU PLATFORM EXCEED 100 EURO AMOUNT.
    5. Indemnification. You agree to indemnify, defend, and hold harmless Valyou Platform and Valyou Platform's Parties from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your breaches (for example, your violation of the rights of any third party, any violation by you of this Agreement or any other applicable agreements in relation to the Valyou Platform using), or any breach of the representations, warranties, and covenants made by you herein. Valyou Platform reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Valyou Platform , and you agree to cooperate with Valyou Platform 's defense of these claims. Valyou Platform will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. The forgoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or Content.
  8. Term; Modification; Termination; Suspension and other Measures
    1. Term. This Agreement shall be effective for unlimited period of time until you or Valyou Platform terminate the Agreement in accordance herewith.
    2. Modification. Valyou Platform reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time (for example to reflect updates to the Valyou Platform or to reflect changes in the law). If Valyou Platform changes these Terms, Valyou Platform will provide you notice of these changes, such as by sending an email, posting a notice on the Valyou Platform or updating the "Last Updated" date above. Please check these Terms and any related documents periodically for those changes. Your continued use of the Valyou Platform Service after the posting of changes constitutes your binding acceptance of such changes. We will always make a reasonable effort to notify you if Valyou Platform does change these Terms.
    3. Termination. If you are a Creator you may terminate this Agreement at any time by sending Valyou Platform an email. If you are a User you may terminate this Agreement by stopping access to Valyou Platform.
    4. Termination for convenience. Without limiting our rights specified below, Valyou Platform may terminate this Agreement for convenience at any time by notifying you via email or by any other means.
    5. Termination for a breach. Valyou Platform may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms or other related documents, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Valyou Platform believes in good faith that such action is reasonably necessary to protect the personal safety or property of Valyou Platform, Creators or Users, or third parties (for example in the case of fraudulent behavior of a Creator or User).
    6. In addition, Valyou Platform may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms or related documents, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the account registration or thereafter, (iv) you and/or your Creator Content, User Content at any time fail to meet any applicable quality or eligibility criteria, (v) Valyou Platform has received complaints about your performance or conduct, or (vi) Valyou Platform believes in good faith that such action is reasonably necessary to protect the personal safety or property of Valyou Platform, Creators, Users, or third parties, or to prevent fraud or other illegal activity:
      1. Delete or refuse to delete any Content;
      2. limit your access to or use of the Valyou Platform;
      3. limit the maximum amount of the Creator Fee and/or Donations permitted to be collected/received for the Account;
      4. temporarily or in case of severe or repeated offenses permanently suspend your Account on the Valyou Platform.
    7. In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Valyou Platform and an opportunity to resolve the issue to Valyou Platform's reasonable satisfaction.
    8. When this Agreement has been terminated, you are not entitled to a restoration of your Creator Account or any of your Content. If your access to or use of the Valyou Platform has been limited or your Account has been suspended or this Agreement has been terminated by Valyou Platform, you may not register a new Account or access and use the Valyou Platform through an account of another Creator.
  9. Miscellaneous
    1. Waiver. The failure of either you or us to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by the relevant party.
    2. Severability. If any provision of this Agreement or any guidelines is held to be unlawful, void, or for any reason unenforceable, then for both you and us that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
    3. Assignment. This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Valyou Platform without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
    4. Survival. Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
    5. Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and will not be deemed to limit or affect any of the provisions of it.
    6. Entire Agreement. This Agreement, together with any other relative documents and guidelines, is the entire agreement between you and Valyou Platform relating to the subject matter herein and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to this Agreement or Guidelines made by Valyou Platform as set forth in Section 8 above.
    7. Claims. If You disagree with the above, We encourage you contact us as soon as possible after you start using the Valyou Platform by contacting our support since otherwise they will be binding on you after a reasonable time period (usually 30 days unless there are exceptional circumstances). You can contact our support team by clicking the “Support” button in the lower right corner of the browser on the main page of our Site.
    8. YOU AND VALYOU PLATFORM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VALYOU PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Payment Terms

All capitalized terms herein shall have the meaning set forth in the Terms of Service unless otherwise specified herein.

  1. General Terms
    1. Valyou Platform will collect Creator Fees and/or Donations from Users and remit them to the Creators after deduction of the amount of Agency Fee (as set forth below). The Valyou Platform will make an effort to process such remittances on a daily basis but cannot guarantee this. The Creator shall select a cryptocurrency and a withdraw method from the available options on the Valyou Platform, which will subsequently serve as the default currency (“Default Currency”) and the default payment method (“Default Payment Method”) to receive Creator Fees and/or Donations. When Creator selects the payment method, he/she/they must provide the Valyou Platform with the valid information requested on the Valyou Platform.
    2. The Valyou Platform hereby informs Users and Creators that the transfer of Donations does not mean that Broadcasters have to provide any services to Users. Donations and Creator Fees are voluntary payments, Users establish their amounts within the limits available in the interfaces of the Valyou Platform. It is not possible to refund Donations or Creator Fees after they were sent to a Creator. The User has a right to complain about the transfer of Donations or Creator Fees, and the Valyou Platform reserves the right to automatically refuse the User's complaint if such complaint has been filed after the expiry of the calendar day during which the payment was made. Otherwise, the Valyou Platform reserves the right to follow clause 1.4 of these Payment terms.
    3. The Valyou Platform may delay for a necessary term (but in no case more than 90 days) and/or cancel any collection of Creator Fees and/or Donations from the User and/or the following payment to Creator for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation. In case if the Creator Fee and/or Donations exceeds the maximum amount stated in the Terms of Service, the Valyou Platform will delay the payment of such Creator Fee and/or Donations to Creator for the minimum term of five (5) business days for the purposes stated above. In case the Valyou Platform is informed of suspicious, unlawful or fraudulent activities of a Creator after the payment of Creator Fees and/or Donations to a Creator, the Valyou Platform reserves the right to deduct the amounts equal to the Creator Fees and/or Donations, connected with such activities of a Creator, from future remittances to a Creator.
    4. "Inactive Page Status" is the status assigned by the Valyou Platform to the Creator's Page in case if the Creator has no offers for tokens sale on his/her/their page;
    5. In case the Valyou Platform has assigned the Inactive Page Status no Sell orders could be placed on the page by Users until the tokens are placed by the such Creator.
    6. "Deactivated Creator Status" is the status assigned by the Valyou Platform to the Creator's Account in case at least one of the following occurs: (1) the Creator violated the Terms of Service; or (2) the Agreement between the Valyou Platform and the Creator was terminated.
    7. In case the Valyou Platform has assigned the Deactivated Creator Status to a Creator, the Agreement with such a Creator is automatically terminated, the amount of Creator Fees to be paid to the Creator is zero, and the Creator waives any claims that may be to the Valyou Platform with respect to payment of Creator Fees and/or Donations.
  2. Valyou Fee
    1. The amount of Fee shall be calculated depending on the Withdraw method that was used by the User or the Creator to remit the Creator Fee and/or Donations and the sum of the Creator Fee and/or Donations in accordance with:
      2. Withdraw Method Agency Fee
      USD* 5%
    2. Limitations for USD* (beta):
      The sum of a one-time remittance can be no less than 0.01 USD* and no more than 10 000 USD* (USDT or USDC).
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