Effective Date: Since June 27, 2022
Last Modified: June 27, 2022
Please review these terms and conditions of use carefully before registering an account as Registered Studio Operator and prior to using Company’s Website – studio.faphouse.com.
1. Acceptance and electronic signature
1.1. This document states the terms and conditions (“Terms”, “Agreement”) upon which the Company (“we”, “us” or “Company” ) will provide service to you as a Registered Studio Operator. As used in this document, the terms “you” or “your” refers to you, any entity you represent, your or its representatives, successors, assigns and affiliates, and any of your or their devices.
1.2. By creating a Registered Studio Operator account, you are entering into this binding Agreement with the Company and confirming that you have read, understand, and accepted this Agreement and agree to be bound by its terms and conditions. You cannot become a Registered Studio Operator unless you accept each and every term and condition contained herein.
1.3. As far as the possibility to create a Registered Studio Operator account is a part of our services provided through the main website - https://faphouse.com/, your creation of the Registered Studio Operator account and assent to the Terms also signifies your consent to act in accordance with Terms and Conditions of use of https://faphouse.com/ website – https://faphouse.com/pages/terms (“General Terms”).
1.5. You are not authorized to create a Registered Studio Operator account unless you have signed the Terms. The Terms is usually signed by you in electronic form as it is described in our General Terms.
1.6. Unless otherwise expressly stated by the Terms, all definitions herein shall be understood, as they appear in the General Terms.
2. Registered Studio Operators
2.1. Since you are willing to create a Registered Studio Operator account you may create it as an Individual or as a Business.
2.2. An Individual account can be created by a natural person or sole trader (Model/Performer) who wishes to upload its own original content. In case you create an Individual account, you must be at least eighteen (18) years of age to use the Website, unless the age of majority in your jurisdiction is greater than eighteen (18) years of age, in which case you must be at least the age of majority in your jurisdiction.
2.3. A Business account can be created by a legal entity (Studio, Producer, Content Provider) that wishes to upload the content, which is created in a professional manner by such a legal entity. Such a legal entity, shall have a good standing and be active, during the time of the registration.
2.4. In order to create a Registered Studio Operator account, whether an Individual or a Business, you shall go through the registration process as it appears on the Website and you must agree to be bound by the Business Supplement and Individual Supplement respectively in addition to these Terms.
2.5. You must further provide all the information and documents requested by us. The provisions of both the Business Supplement and Individual Supplement are incorporated herein by reference and the Terms are incorporated by reference into the Business Supplement and Individual Supplement respectively. As used herein, “Account” may refer to special Business Account and/or Individual Account.
2.6. Each Registered Studio Operator has the right to participate in our Referral Program as it describes in Appendix 1 to this Agreement.
4. Modification of These Terms
We reserve the right to amend the Terms at any time by posting such amended Terms to the Website. No other notification may be made to you about any amendments. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE WEBSITE(S), AS A REGISTERED STUDIO OPERATOR, FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS.
5. Indemnification and Release
You hereby agree to indemnify us and hold us harmless from any and all damages and third-party claims and expenses, including attorney’s fees, arising from your use of the Website or from your breach of the Terms.
In the event that you have a dispute with one of more other users or any third parties, you hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Website.
6. General Terms
The General Terms and the Terms, as amended from time to time, constitute the entire agreement between you and us.
Our failure to enforce any provision of the Agreement will not be construed as a waiver of any provision or right.
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
The Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent but may be assigned or transferred by us without restriction.
You agree that we may provide you with notices by e-mail, regular mail, or postings to the Website(s).
The section titles in the Terms are for convenience only and have no legal or contractual effect.
As used in the Terms, the term “including” is illustrative and not limitative.
If the Terms or any other documents between you and us are translated and executed in any language other than English and there is any conflict as between the translation and the English version, the English version shall prevail.
Appendix 1 to the Agreement
Terms and Conditions of Referral Program for Registered Studio Operator
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF REFERRAL PROGRAM FOR REGISTERED STUDIO OPERATORS (THE “PROGRAM TERMS”) CAREFULLY BEFORE PARTICIPATING IN THIS PROGRAM. PARTICIPATION IN THIS PROGRAM CONSTITUTES YOUR ACCEPTANCE TO ALL THE PROGRAM TERMS AND ALL THE GENERAL TERMS AND CONDITIONS OF THE WEBSITE (https://faphouse.com/pages/terms).
The Company offers you an opportunity to earn rewards by inviting new Registered Studio Operators to our Website. Your participation in our Referral Program for Registered Studio Operators ("Referral Program" and/or “Program”) can help you to earn rewards in case you follow the Program Terms.
We reserve the right to terminate the Referral Program at any time, for any reason or no reason. The Program is administered by the Company, which may outsource certain elements of administration to third parties.
The Program Terms are applicable to new Registered Studio Operators’ participation in the Referral Program. By participating in the Referral Program, Registered Studio Operator (“You”) agrees to use the Referral Program as outlined herein, and consistent with any other terms we may apply to the Referral Program. If you do not agree to the Program Terms in their entirety, then you cannot participate in the Referral Program.
1. SCOPE OF REFERRAL PROGRAM
1.1. The Referral Program shall apply to Registered Studio Operators that decided to refer others to register on our Website, as Registered Studio Operators, (hereinafter the “Referrer”) and to the person (natural person and/or legal entity), that are referred by the Referrer to our Website (hereinafter the “Invited Studio”).
1.2. The Referral Program provides each Referrer with the ability to earn rewards in case the following procedure are met:
1.2.1. Referrer shall become a Registered Studio Operator as defined in the General Terms (https://faphouse.com/pages/terms) and in this Agreement.
1.2.2. After the Referrer’s successful and finalized registration as a Registered Studio Operator, the Referrer will receive a Referral Link (which is unique and personalized) via personal profile on the Website. Referral Link is a unique code, that allows the Company to track that the Invited Studio was invited by the Referrer.
1.2.3. Referrer may share the Referral Link with any natural person or legal entity via any available sources of communication, e.g. via social medias, e-mails, websites. Referrers must comply with all applicable laws and regulations and may not make any unlawful and/or unsolicited actions during the sharing of Referral Link. Referrer must comply with up-to-date “SPAM” laws and marketing regulations, which may include the laws where the intended Invited Studio is situated and/or established. Any distribution of the Referral Link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Referral Program. The Company reserves the right to automatically disqualify suspicious Referrals.
1.2.4. The Invited Studio shall only be a natural person or legal entity, that is new on the Website and that has never been registered on the Website. The Referrer may not receive any income from the Invited Studio, that was registered as a Registered Studio Operator on the Website prior to receiving the Referral Link from the Referrer. The Referrer may not receive any income from rejected or incomplete registration attempts of the Invited Studio.
1.2.5. The Invited Studio shall register as a Registered Studio Operator in accordance with the General Terms and this Agreement via Referral Link of the Referrer. We shall not pay any reward to the Referrer if the registration as a Registered Studio Operator of the Invited Studio was made without Referral Link. It is an obligation of the Referrer to provide Invited Studio with Referral Link and we bear no responsibility if registration as Registered Studio Operator was made without such Referral Link.
1.2.6. The Referrer may receive five percent (5%) of the total income which the Invited Studio will receive from the Company during twelve (12) months after registration as a Registered Studio Operator. The Company, at its sole discretion, reserves the right to define sources of income of the Invited Studio that will be count due to calculation of the Referrer's reward. The Company will display the Referrer's reward on a special web page available for the Referrer.
1.2.7. The duration of the Referral Program is twelve (12) months after the registration of the Invited Studio as a Registered Studio Operator. The duration of the Referral Program starts from the date of the creation of the account by the Invited Studio (not from the date of verification of this account, not from the upload date of its first uploaded video, etc.).
1.3. The Referrer may not earn more than 50 000$ (Fifty Thousand US dollars) for one Invited Studio for the whole duration of the Referral Program.
1.4. To raise the possible reward of the Referrer, the Company may collaborate with third-parties server providers. In such a case, if the Invited Studio registers on the website(s) of third-parties server providers, then the Invited Studio’s latter registration will be automatically linked with the Referrer for the purpose of receiving an additional reward. In case that such interaction will increase the income of the Invited Studio, the Referrer will be awarded with an extra reward.
The following rules are applicable for the Referrer and for the Invited Studio in connection with the said third-parties server providers:
The duration of the Referral Program starts from the date of the creation of the account by the Invited Studio on our Website or on website(s) of the third-parties server providers depending on which action occurred first.
2. PAYMENT TERMS
2.1. Company is obliged to pay the Referrer a fixed income share percentage of the Invited Studio in case the procedure described in the Program Terms was met.
2.2. The precise amount payable shall be disclosed to the Referrer via the special web page with Referrer’s reward statistics.
2.3. The Company reserves the right to cancel or change the payment methods available to Referrers, the timing of payments, the minimum referral fees required for payment, and any other payment terms in its own discretion, without prior notice. You acknowledge and agree that it is your responsibility to review the Website periodically for any changes to the payment terms.
2.4. The Company reserves the right to determine the manner in which payments shall be processed. Payments shall be usually made on a monthly basis if another term is not specified separately by the Company.
2.5. You acknowledge and agree that the Company is not responsible for any currency conversion charges or fees you may incur as a result, or for any fluctuations in the respective value of any.
2.6. It is your responsibility to determine what, if any, taxes apply to the payments connected with the Referral Program, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that the Company is not responsible for determining whether taxes apply to your payments in connection with the Referral Program and does not act as your tax agent.
2.7. The Company reserves the right to monitor the actions of the Referrer in order to define whether the Referrer acts in accordance with applicable laws, regulations and/or internal procedures of the Company. In case the Referrer violates any laws, regulations and/or internal procedures of the Company, the Company may impose fines and other kinds of legal liability to the Referrer, including, without limitation the withholding of earned rewards of the Referrer.
3.1. To participate in the Referral Program the Referrer must meet the following criteria:
3.1.1. The Referrer must be at least 18 years old or of other legal age, according to Referrer’s relevant jurisdiction. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE, ACCESS OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.
3.1.2. The Referrer must finish the registration as Registered Studio Operator according to the General Terms.
3.1.3. The Referrer must have full power and authority to enter into this legal relationship and by doing so will not violate any other legal relationships.
3.1.4. The Referrer must ensure, that Invited Studio is at least 18 years old or of other legal age, according to Invited Studio’s relevant jurisdiction and that the Invited Studio is registered as Registered Studio Operator.
3.1.5. The Referrer and Invited Studio must fully comply with General Terms.
3.1.6. The Referrer must not use any illegal content, ways and/or actions to attract Invited Studios to register on the Website. In the event that we believe, at our sole and absolute discretion, that the Referrer violates these Program Terms, the Agreement and General Terms, your account with the Company will be immediately terminated and all rewards which would have otherwise been payable to you hereunder will be deemed surrendered by you in partial payment of the damages for your breach.
3.1.7. The Referrer must not engage in any type of “spamming.” No spamming of any kind or in any form, whatsoever, is permitted in relation to Referral Program.
4. MISCELLANEOUS PROVISIONS
4.1. In case the definitions in the Terms does not have its meaning, it shall be understood as it appears in the General Terms.
4.2. All terms and conditions of the General Terms shall be applicable to the Referral Program unless otherwise is specified in the Terms.
4.3. Referrer’s participation in the Referral Program does not authorize Referrer to act on our business’, its parents’ or their respective affiliates’ behalf. Nothing herein is intended or will be construed to constitute or imply a joint venture, employer-employee relationship, partnership or association between Referrer and the Company, its parents or their respective affiliates. By participating in the Referral Program, Referrer acknowledges that Referrer does so at Referrer’s own risk and as an independent contractor and that the Company is not directing how Referrer performs its obligations hereunder.
4.4. By participating in the Program, you agree to and will indemnify and hold our business, its parents and their respective affiliates harmless from and against any and all damages, costs, expenses, claims or liabilities of any kind, including third party claims, whether pending or threatened, including without limitation, attorneys’ fees and court costs, incurred by any of them arising out of or related to your participation in the Program or breach of these Terms.
4.5. The Company is not responsible for errors, omissions, malfunctions, interruptions, deletions, delays or failures of operations. The Company reserves the right to close the account(s) of any Referrer and/or Invited Studio and to request proper payment if the Referrer and/or Invited Studio attempts to use the Referral Program in a questionable manner or breaches any of these Terms or is in violation of any law, statute or governmental regulation. All of the Company’s decisions are final and binding.
4.6. The Company reserves the right to cancel the Referral Program or to change these Terms at any time at its sole discretion. The Program is subject to modification or termination at any time without notice at the Company’s sole discretion.