Terms & Conditions
Last Updated: December 04, 2024
This terms-of-service agreement is entered into between you and Instafamous (“Instafamous,” “we,” or “us”). The following agreement, plus any documents it references, governs your access to and use of https://instafamous.pt, including any content, functionality, and services offered, whether as a guest or a registered User.1. Definitions
In this agreement, the following definitions apply:“Content” means any material uploaded to the Platform by any User (whether a Creator or a Fan), including any photos, videos, audio (for example, music and other sounds), livestream material, data, text (including comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material.
“Creator” means a User who has set up their Instafamosus account as a Creator account to post Content on the Platform to be viewed by other Users.
“Fan” means a User who follows a Creator and can view the Creator’s Content.
“User” means any user on Instafamous, whether a Creator or a Fan or both (also referred to as “you” or “your”).
“Subscription” means a Fan’s subscription to a Creator’s account (whether paid or unpaid, and whether for one month or as part of a bundle comprising a subscription for more than one month).
2. Acceptance of Agreement
This document contains very important information regarding your rights and obligations, and conditions, limitations, and exclusions that might apply to you. Please read it carefully.(a) Section 18 of this agreement contains a mandatory arbitration agreement. By using our Platform and accepting this agreement, you hereby (1) agree to binding arbitration of these claims before a neutral arbitrator; and (2) waive your rights to go to court, have a jury hear your case, or participate as part of a class of plaintiffs for any disputes with us.
(b) By using the Platform or by clicking to accept or agree to the agreement when this option is made available to you, you accept and agree to be bound and abide by this agreement, as well as the Privacy Policy, the Complaints Policy and the Creator Agreement. If you do not want to agree to this agreement or any other policies in place, you must not access or use the Platform.
(c) This Platform is offered and available to persons who are 18 years old or older, who have reached the age of majority where they live, and who are not prohibited by law from accessing or viewing sexually explicit content. By using this Platform, you state that the following facts are accurate: (1) you are at least 18 years old; (2) if the laws of your jurisdiction provide that you can only be legally bound by a contract at an age that is higher than 18 years old, then you are old enough to be legally bound by a contract under the laws of that jurisdiction; (3) you will provide all other information or verification as we require; (4) you are permitted by the laws of your jurisdiction to join the Platform and to view any Materials available on it and to use any functionality provided by it; and (5) you are able and willing to make payment (where required) to view Materials available on the Platform that you wish to view. If you do not meet all these requirements, you must not access or use the Platform.
3. Changes to Agreement
We may revise and update this agreement on one or more occasions. The Platform will require you to review and agree to the amended agreement before you can continue to use the Platform. All changes are effective immediately when posted and apply to all access to and use of the Platform afterward. However, any changes to section 27 (Governing Law and Jurisdiction) or section 28 (Arbitration) will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Platform.4. Adult Material
You acknowledge that you are aware that some of the Content on the Platform contains adult material, including graphic visual depictions and descriptions of nudity and sexual activity, and you will take this into account when deciding where to access and view Content. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing Content containing adult material in a way that places you in breach of any contract you have with a nonparty (for example, your employment contract) or in breach of any law.5. Child Sexual Abuse Material Prohibited.
We prohibit material involving minors on the Platform. We only allow visual media of consenting adults for consenting adults on the Platform. If you see any visual media, real or simulated, depicting minors engaged in sexual activity on the Platform, please promptly report this to us at support@instafamous.pt. Please include with your report all appropriate evidence, including the date and time of identification. We will promptly investigate all reports and take proper action, including, but not limited to, termination of the User’s account, blocking the User from opening a new account on the Platform, and withholding any payments owed to the User. We cooperate with any law enforcement agency investigating alleged child exploitation or child sexual abuse material.6. No Prostitution or Sex Trafficking.
Users must not use the Platform to engage in, participate in, assist, support, or facilitate any act of prostitution, sex trafficking of children, or sex trafficking by force, fraud, or coercion. Any violation of these prohibitions will result in termination of the User’s account, blocking the User from opening a new account on the Platform, and withholding any payments owed to the User. If you see any evidence of prostitution, sex trafficking of children, or sex trafficking by force, fraud, or coercion on this Platform, please promptly report it to us at support@instafamous.pt. Please include with your report all evidence, including the date and time of identification.If you are a victim of any type of prostitution, sex trafficking of children, or sex trafficking by force, fraud, or coercion, please promptly contact local law enforcement and provide them with all the relevant information. Additionally, please notify Instafamous by submitting a private report and provide us with the specific details.
We will promptly investigate all reports and take proper action. Instafamous will cooperate with any criminal investigation by any law enforcement agency.
7. Accessing the Platform
We may withdraw or amend our Platform and any service or material provided on it without notice. We will not be liable if, for any reason, any part of the Platform is unavailable at any time or for any period. On one or more occasions, we may restrict access to some parts of the Platform, or the entire Platform, to Users, including registered Users. You are responsible for making all arrangements necessary for you to access the Platform and its Materials. Access to the Platform might not be legal by certain persons or in certain jurisdictions or might require age verification. We are not making any statement that the Platform or its Materials are accessible or appropriate in your jurisdiction. Please check with your individual jurisdiction for legality. Otherwise, you access the Platform on your own initiative and are responsible for complying with local laws.8. Your Account (Security and Deletion)
(a) To access many of the Platform’s features, you must create an account. Registration is free and for a single User only. To register, you must complete the registration process by providing us with accurate information as prompted by the registration form. Do not choose a username that is offensive or that infringes anyone’s service mark, trademark, or trade name. We may delete or require you to change any username that violates this section.(b) By creating an account, you state that (1) all account registration and profile information you provide is your own and is accurate; (2) if you previously had an account on the Platform, we did not suspend or terminate that account for breach of this agreement or any other agreement between you and Instafamous; and (3) you are creating an account for your personal use, and you will not sell, rent, or transfer your account to anyone.
(c) You are responsible for keeping your password and account confidential. Further, you are responsible for all activities that occur under your account. You must promptly let us know about any unauthorized use of your account or any other security breach. We may cancel unconfirmed accounts or accounts that have been inactive for more than a year.
(d) We will not be liable to you for any loss that you might incur because of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by another person or us because of someone else’s use of your password or account.
(e) We care about the integrity and security of your personal information. But we cannot guarantee that unauthorized persons can never defeat the Platform’s security measures or use any personal information you provide to us for improper purposes. You provide your personal information at your own risk.
(f) If you want to delete your Instafamous account then you may do so in the “User Account” section of your Instafamous account. Once your account has been deleted you will not be charged any further amounts or have access to your former Instafamous account or its Content, and any Subscriptions will be deleted and cannot be later renewed. You will receive an email confirmation on the successful deletion of your account.
(g) By registering for an account, you hereby consent to receive electronic communications from us about your account. Communications might involve sending emails to the email address you provided during registration or posting communications on the Platform and will include notices about your account (e.g., change in password, confirmation emails, and other transactional information) and are part of your relationship with us. You acknowledge that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that those communications be in writing.
9. Intellectual Property Rights
Instafamous owns and operates the Platform. All content, features, functionality, and other materials found on the Platform, including all visual interfaces, graphics, information, software (including source code and object code), text, displays, images, photos, videos, and audio, and the design, selection, and arrangement of them (collectively, “Materials”) are owned by Instafamous, its licensors, or other providers of those Materials.You must not download any Materials unless the Platform itself gives you that option, modify copies of any Materials from the Platform, use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Materials from the Platform and access or use any part of the Platform or the Materials available through it for any commercial purposes unless we agree otherwise in writing.
If you print, copy, modify, download, record, or otherwise use or provide any other person with access to any part of the Materials in breach of this agreement, your right to use the Platform will terminate immediately, and you must, at our option, return or destroy any copies of the Materials you have made. No interest in the Platform or any Materials on the Platform is transferred to you, and Instafamous reserves all rights not expressly granted. Any use of the Platform not expressly permitted by this agreement is a breach of this agreement and might violate copyright, trademark, and other laws.
10. Prohibited Uses
You must use the Platform only for lawful purposes and in accordance with this agreement. You must not use the Platform:(a) in any way that violates any law or regulation;
(b) to exploit, harm, or try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise;
(c) to engage in, take part in, aid, support, promote, ask for, or ease any act of prostitution, sex trafficking of children, or sex trafficking by force, fraud, or coercion;
(d) to harass or stalk any person;
(e) to send, knowingly receive, upload, download, use, or re-use any Content that does not comply with this agreement.
Additionally, you must not use the Platform in any way that could disable, overburden, damage, or impair the Platform or interfere with any other person’s use of the Platform, including their ability to engage in real-time activities through the Platform or otherwise try to interfere with the Platform’s proper working.
11. Content
The Platform contains personal webpages or profiles, live streaming, private messaging, timelines, comment sections, and other interactive features (collectively, the “Interactive Services”) that allow Users to post, submit, publish, display, or transmit to other Users (collectively, “post”) Content on or through the Platform. We will consider nonconfidential and nonproprietary any Content you post to the Platform.Unless you are registered as a Creator, you can not post any content, expect comments and send private messages to the creators you subscribe to. You hereby waive any so-called “moral rights” that you might have in any Content presented to you and that you decide to engage with.
12. Monitoring, Enforcement and Complaints
(a) We are committed to maintaining a positive and respectful community, and we do not tolerate any inappropriate Content or misconduct. We review all Content before it is published to our Platform to ensure that it is not illegal and does not otherwise violate this agreement or any law. In addition, in offering real-time or live video streaming Content, we operate on a platform that we can fully control and that allows for real-time monitoring and the removal of the Content being streamed. If we determine that any Content being streamed is illegal or otherwise violates this agreement or any law, we will promptly block and remove that Content. But we assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any User or nonparty. We have no liability or responsibility to any User for performance or nonperformance of the activities described in this section 12.(b) Instafamous also has a Complaints Policy that allows anyone to report to Instafamous any Content on the Platform that might be illegal or that otherwise violates this agreement. We encourage you to report any inappropriate Content or misconduct by other Users. If you have a complaint about the Platform (including any complaint about Content appearing on the Platform or the conduct of a User), please use the “Report” function (if available) or send your complaint to support@instafamous.pt, including your name, address, contact details, a description of your complaint, and, if your complaint relates to Content, the URL for the Content to which your complaint relates.
(c) After receiving your complaint of illegal or nonconsensual Content, (1) we will take those steps as we consider to be appropriate to investigate your complaint within a timeframe that is appropriate to the nature of your complaint; (2) if we require further information or documents from you, we will contact you to let you know; (3) we will in good faith investigate your complaint within seven business days; (4) if we are satisfied that the Content is unlawful or nonconsensual, we will immediately remove that Content, and we will notify you of our decision by email or other electronic message; and (5) if we are satisfied that the Content is not unlawful or nonconsensual, we will notify you of our decision by email or other electronic message. Any dispute regarding our determination that Content is nonconsensual will be submitted by us to a neutral arbitration association at our expense.
13. Copyright Infringement
If you believe that any Content infringes your copyright, please send us an email to support@instafamous.ptt for instructions on sending us a notice of copyright infringement. It is Instafamous’s policy to terminate the User accounts of repeat infringers.14. Subscriptions and Purchases
All Fan/Creator Transactions are contracts between Fans and Creators. Although we facilitate Fan/Creator Transactions by providing the Platform, storing Content, and acting as a payment intermediary, we are not a party to any other agreement that might exist between a Fan and a Creator. We are not responsible for any Fan/Creator Transactions. Creators are solely responsible for determining (within the Platform’s pricing parameters) the pricing applicable to Fan/Creator Transactions and the Content to which you may be given access. All prices appear in USD or Euros only.(a) Fan Payments are exclusive of VAT or any other Tax that Instafamous is required to collect, which will be added at the current rate as applicable to Fan Payments. Fan Payments are also exclusive of any transaction fees imposed by Instafamous on a Fan for use of a particular payment method, which will be added to Fan Payments.
(b) If you make a payment using a credit card, you hereby authorize us to give your payment card details to our third-party payment processor CCBILL to process your Fan Payment. All Fan Payments will be charged in USD or Euros. Your payment card provider may charge you currency conversion fees. We do not control currency exchange rates or charges imposed by your payment card provider, bank, or e-wallet company. We are not responsible for paying any charges or fees imposed by your payment card provider, bank, or e-wallet company.
(c) The payment provider will take (1) periodic payments from your payment card for Fan Payments that are Subscriptions; and (2) immediate payments from your payment card for Fan Payments other than Subscriptions (including any tips paid by you to a Creator). You hereby authorize and consent to each of these payments being debited using your supplied payment card details.
(d) Except for free and one-time Subscriptions, all Subscriptions to a Creator’s profile will automatically renew at the end of the relevant subscription period, except if your payment card is declined or the subscription price for the Subscription has increased. If you cancel a Subscription, you will continue to have access to the relevant Creator’s Content until the end of the Subscription period, after which no further payments will be taken from your payment card regarding Subscriptions to that Creator’s profile (unless you choose to pay for a new Subscription to that Creator’s profile), and you will no longer be able to view the relevant Creator’s Content.
(e) If you would like to cancel your subscription from rebilling, please contact CCBill's Consumer Support department - https://support.ccbill.com/
15. Changes to the Platform
We may update the Materials on this Platform on one or more occasions, but the Platform’s Materials are not necessarily complete or up to date. The Platform’s Materials might be out of date at any given time, and we are not required to update those Materials.16. Billing Disputes
If you believe that we have charged your payment method in error, you must notify us in writing no later than 30 days after receiving the billing statement in which the error first appeared. If you do not notify us in writing of a dispute within this 30-day period, you waive any disputed charges. We will correct any mistakes in a bill and add or credit them against your future Fan Payments. If we consider that any billing dispute made by you was made in bad faith, we may suspend or terminate your User account or any future User account you create.17. Refund Policy
You must not make unjustified requests for a refund regarding any Fan/Creator Transaction or a tip to a Creator. If you are unhappy with a Fan/Creator Transaction, please inform the applicable Creator. If there is a technical error on the Platform, we will work with you to resolve it. We do understand there may be limited exemptions to this whereby the service provided is not as described. If you believe you are entitled to a refund, please contact our support team at support@instafamous.pt. Refunds are granted at our discretion. If we consider that any request for a refund was made by you in bad faith, we may suspend or terminate your User account or any future User account you create.18. Arbitration; Class Action Waiver
You and Instafamous are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) between you and us arising from or relating in any way to your use of the Platform, will be resolved exclusively and finally by binding arbitration.You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intent to do so within 60 days of the date your claim arose. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to arbitrate on an individual basis. In any dispute, neither you nor Instafamous will be entitled to join or consolidate claims by or against other Users in court or in arbitration or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity. The arbitral tribunal will not consolidate more than one person’s claims and will not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.