Terms and Conditions for all Users

Last updated: 24th of May 2023

Welcome!

We’re delighted you’ve decided to use FairPay! We try hard to build the best platform for people to connect and transact with each other online in a secure, anonymous, and transparent way.

These Terms and Conditions form a legally binding contract between you and FairTech OÜ - so please read them carefully. Should you have any difficulties understanding any part, or any other issues or concerns, please feel free to contact us. (Please keep in mind, however, any explanation we provide cannot be considered legal advice.)

By using our services (whether you are a registered user or a visitor), you agree to our Terms and Conditions as well as the Privacy Policy.

1. Part of your agreement

These Terms and Conditions for all Users govern your agreement with us. Certain other terms or policies forming part of our Terms and Conditions will also apply to you and form part of your agreement with us, as follows:

In case of conflict between these Terms and Conditions for all Users and any of the terms or policies listed right above, the Terms and Conditions for all Users will apply to the extent of the conflict.

2. Definitions

In our Terms and Conditions, the following definitions will apply:

“Terms and Conditions” or “your agreement with us” mean the entire agreement between you and us, as outlined in Section 1.

“FairPay” means the websites located at www.gofairpay.com, www.fairpay.network, www.fairpay.xxx, and www.fairpay.to

“FairTech OÜ”, “we”, “our”, or “us” mean the company operating FairPay, located at Kärberi 43-7, 13919, Harjumaa, Tallinn, Estonia and incorporated under the number 16716663.

“Services” means an online services platform for Sellers and Buyers, where they can meet online and share the adult content from the Sellers to Buyers.

“User”, “you”, and “your” means any user of FairPay, whether a Buyer or a Seller or both.

“Buyer” means a User who buys Content from a Seller or subscribes to a Seller.

“Seller” means a User who has set up their FairPay account as a Seller account to post Content on FairPay to be viewed or bought by other Users.

“Content” means any material uploaded to FairPay by any User, including any photos, videos, audio (for example, music and other sounds), live stream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material.

“Buyer/Seller Transaction” means any transaction between a Buyer and a Seller on FairPay by which access is granted to the Seller’s Content (except in the case of a donation), including in any of the following ways:

  • a Subscription
  • payments made by a Buyer to view a Seller’s pay-per-view Content (for example, videos or live shows)
  • payments made by a Buyer to a Seller to create custom Content
  • payments made by a Buyer to a Seller to donate money
  • payments made by a Buyer to a Seller for any other paid feature available now or in the future.

“Buyer Payment” means all payments made by a Buyer for any Buyer/Seller Transaction and all donations/tributes.

“Service Fee” means the fee charged by FairTech OÜ to Buyers under the Buyer’s Terms and Conditions.

“Payment Processing Fee” means the fee charged by FairTech OÜ to Sellers under the Seller’s Terms and Conditions.

“Subscription” means a Buyer’s subscription to a Seller’s account.

3. Eligibility

No one under eighteen (18) years old is allowed to create an account or use the Services. In places where the age of majority is not eighteen (18) years old, then you must be over the age of twenty-one (21) years in order to create an account or use the Services; at least the User should be an adult according to User’s legal jurisdiction.

By using the Services, you state that:

  • You are eighteen (18) years of age or an adult according to your legal jurisdiction;
  • You can form a binding contract with FairPay;
  • You will comply with these Terms and Conditions and all applicable local, state, national, and international laws, rules, and regulations;
  • You fully understand the contents of this contract, and you are legally able to execute this contract;
  • You are voluntarily requesting adult-oriented materials for your private enjoyment, and we have the legal right to transmit them to you;
  • You voluntarily share and sell adult-oriented content and materials to Buyers via FairPay.
  • You are not offended by visual images, verbal descriptions, and audio sounds of a sexual nature, including graphic visual depictions and descriptions of nudity and sexual activity.
  • You have not previously been suspended or removed from using our Services and FairPay.

If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and agree to these Terms on behalf of the business or entity.

Please know that it is forbidden to use FairPay for payments related to escorting and/or prostitution in any way.

4. Nature of The Relationship

You acknowledge and agree that nothing in these Terms and Conditions shall be construed as creating any agency, franchise, employment relationship, joint or collaborative venture, or partnership of any kind between you and us, our employees, agents, or assignees. The parties expressly disclaim the existence of any of these relationships. Neither party is the agent for the other, and neither party has the right to bind the other on any agreement with a third party.

You acknowledge and agree that you shall be solely responsible for any legal liabilities or consequences resulting from your decisions and acts relating to any content provided to us pursuant to these Terms and Conditions.

5. Your Account

While you are not required to create an account to make a purchase, you must create an account to access many of FairPay’s features. Registration is free and for a single user only.

You are responsible for any activity that occurs in your account. You are responsible for keeping your account secure. We recommend that you have a strong password and two-step authentication for your email registered on FairPay.

By using the Services, you agree that:

  • You will not create more than one Buyer account and one Seller account for yourself;
  • You will not create another account if we have already disabled your account unless you have our written permission to do so;
  • You will not, under any circumstances, allow anyone else to access your account or share any login information, passwords, data, or account information with anyone else;
  • You will not, under any circumstances, use anyone else’s account at any time.

If you think someone has gained access to your account, please contact us at support@gofairpay.com.

We have the right to restrict access to your account temporarily or permanently and/or delete your account by our sole decision.

6. The License You Have

Other than Content (which is owned by or licensed to Sellers), all rights in and to FairPay, and its entire contents, features, databases, source code, and functionality are owned by us and/or our licensors. Such material is protected by copyright and may be protected by trademark, trade secret, and other intellectual property laws.

FairPay grants the User not limited, non-exclusive, non-transferable, non-sublicensable license to use the website on the user's device. FairPay reserves all rights in and to the website not expressly granted to you under these Terms. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the website; (ii) distribute, transfer, sublicense, lease, lend or rent the User’s account on the website to any third party; (iii) reverse engineer, decompile or disassemble the website; or (iv) make the functionality of the website available to multiple users through any means.

FairPay grants you a personal, worldwide, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Service’s benefits in a way that these Terms and Conditions allow. This license is provided for the whole duration of these Terms and Conditions.

You agree that any software we provide you may automatically download and install upgrades, updates, or other new features.

We are the sole and exclusive owners of any, and all anonymized data relating to your use of FairPay, and such anonymized data can be used by us for any purpose, including commercial, development, and research purposes.

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you extract or attempt to extract the source code. You may not download, distribute, syndicate, broadcast, perform, or display any portion of the Services except as these Terms and Conditions are set forth.

Whenever you purchase content from a Seller through FairPay, the Seller retains whatever intellectual property rights and personal rights he/she/they have. In particular, you may not:

  • Use it for other websites or commercial purposes;
  • Share with others or post online;
  • Re-sell or distribute the content whatsoever.

7. The License You Grant Us

You agree to grant us a license under all your Content to perform any act restricted by any intellectual property right (including copyright) in such Content for any purpose reasonably related to the provision and operation of FairPay. Such acts include editing, creating adaptations or derivative works, hosting, storing, using, reproducing, making available and communicating to the public, broadcasting, performing, distributing, syndicating, promoting, translating, and publicly displaying that content in any form and in any and all media, digital supports or distribution methods (now known or later developed).

The license you grant us under the sub-section right above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable, and transferable. This means that the license will continue even after your agreement with us expires and you stop using FairPay, that we do not have to pay you for the license, and that we can grant a sub-license of your Content to someone else or assign or transfer the license to someone else. We will use this license for the limited purpose of operating, developing, providing, promoting, and improving the Services; researching and developing new ones; and making content submitted through the Services available to our business partners for syndication, broadcast, distribution, or publication outside the Services. We will never sell your Content to other platforms (though we may sell or transfer any license you grant to us in the Terms and Conditions in the event of a sale of our company or its assets to a third party).

Whilst we do not own your Content, you grant us the limited right to submit notifications of infringement on your behalf to any third-party website or service that hosts or is otherwise dealing with infringing copies of your Content without your permission.

You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on FairPay. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us, when dealing with your Content, to add watermarks, stickers, or text to your Content.

8. Moderation and Monitoring

All Content is created, selected, and provided by Users, not by us. We are not responsible for reviewing or moderating Content, and we do not modify, authorize, or approve the Content that is stored or transmitted via FairPay.

We have the right to delete any content from FairPay by our sole decision without prior notification.

We have the right to:

  • remove or refuse to post, display, or publish any Content for any or no reason in our sole discretion;
  • take any action concerning any Content that we consider necessary or appropriate in our sole discretion;
  • disclose your identity or other information about you if required by law (including a subpoena) to state authorities;
  • take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Services;
  • terminate or suspend your access to all or part of our Services for any reason or no reason.

We will suspend access to any Content you post on FairPay that we become aware may not comply with our Terms and Conditions (including, in particular, our Acceptable Use Policy) and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such Content. Following our investigation, we may take any action we consider appropriate. You agree that you will, at your own cost, promptly provide us with all reasonable assistance necessary to carry out the investigation and that we will not be responsible for any loss suffered by you arising from the suspension of access to your Content.

If we suspend access to or delete any of your Content, we will notify you via email or electronic message to your FairPay account, but we are not obligated to give you prior notice of such removal or suspension.

If we suspend access to your User Content, you may request a review of our decision to suspend access to that Content by contacting us.

9. Modifying the Services and Termination

We’re continuously improving our Services and creating new ones. That means we may add or remove features or functionality and suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.

You can terminate these Terms and Conditions at any time and for any reason by sending us an email to support@gofairpay.com

FairPay may also terminate these Terms and Conditions with you at any time, for any reason, with or without cause, with a 1-month prior notice. That means we may stop providing you with any Services or impose new or additional limits on your ability to use the Services.

We are not liable for any change to the Services for providing Content and provision of Content’s using and transferring or any suspension or termination of your access to your use of the Services.

FairPay may also terminate these Terms and Conditions with you at any time without prior notice in case you breach our terms or policies.

Upon termination of your account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it), and you will no longer be entitled to access your Content.

Regardless of who terminates these Terms and Conditions, both you and FairPay continue to be bound by Sections 6, 7, 9, 11, and 12.

10. Third-Party Services

If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you.

If FairPay contains links to other sites and resources provided by third parties, these links and resources are provided for your convenience only. Such links should not be construed as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you choose to access such links, you do it at your own risk.

We have the right to cooperate with third parties and provide your personal data to third parties without written permission from your side, who used/clicked the third parties’ link on our website.

11. Ownership; Proprietary rights of FairPay

The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements or files of the Product (hereinafter – “the Materials”) provided by us are protected by all relevant intellectual property and proprietary rights and applicable laws.

All Materials contained within the Services are our property or its third-party licensors.

If the Services and/or website contains any materials, interfaces, logos, designs, products, or something else that is not our intellectual property and we do not have licenses for using it, the licensor has the right to request to delete its intellectual property from our website according to the procedures defined in the Digital Millennium Copyright Act (hereinafter referred as to – “DMCA”) and/or Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC (hereinafter referred as to – “EUCD”).

We do not claim to be the owners or representatives of the trademarks, brands, and intellectual properties of other sides and remain the property of the original copyright owners.

Except as expressly authorized by us in writing, you may not use the Materials.

We reserve all rights to the Materials not granted expressly in this Terms.

12. Prohibited Uses

As a condition of your use of the website and our Services, you will not use the website for any purpose that is unlawful or prohibited by these Terms. You may not use the website in any manner that could damage, disable, overburden, disrupt, or impair any of FairPay’s servers or APIs, any networks connected to any of FairPay’s servers or APIs, or that could interfere with any other party's use and enjoyment of the website.

You may not transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature using the website.

You may not exceed or circumvent, or try to exceed or circumvent, limitations on the website, including on any API calls, or otherwise use the website in a manner that violates any of FairPay’s documentation or user manuals.

You and/or any other third parties may not attempt to gain unauthorized access to any websites, other accounts, computer systems, or networks connected to any of FairPay’s servers or of the website through hacking, password mining, or any other means.

You and/or any other third parties may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.

You and/or any other third parties may not use the website in any way that violates any applicable state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the European Union, the USA, or other countries and intellectual property rights according to the DMCA and EUCD.

13. Indemnity

You agree to indemnify, defend, and hold harmless FairTech OÜ, our managing members, shareholders, employees, affiliates, licensors, and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorney’s fees) due to, arising out of, or relating in any way to:

  • your access to or use of the Services;
  • your conduct online;
  • your breach of these Terms and Conditions;
  • your violation of the rights of any person;
  • your violation of any applicable law;
  • your tortious acts or omissions;
  • and your criminal acts or omissions.

If you agree to these Terms on behalf of a business or other entity, this indemnity obligation applies to that business or other entity.

Any disputes or issues between the User and any third party. FairPay reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User (and without limiting your indemnification obligations concerning such matter), and in such case, the User agrees to cooperate with our defense of such claim.

14. Warranties

Our website and Services are made available for you on an “as is” and “as available” basis, with the express understanding that FairPay has no obligation to monitor, control, or vet the content or data appearing on the website.

We are devoted to conducting lawful business, but we can only do so if you guarantee us the following:

  1. Each submitted Content comprises lawful material, and the persons depicted in each submitted content are adults (over the age of 18 years or over the age of 21 in places where the age of majority is not 18 years) at the time they first participated in the creation of the submitted content in which they are depicted.
  2. You own all rights and interest in the content you submit to our Services sufficient to lawfully and fully convey and grant to FairPay all the rights set forth herein, and that all use of the submitted content consistent with the rights granted to FairPay in these Terms and Conditions shall not infringe, violate, or misappropriate any person’s or entity’s rights of any kind, including, without limitation, any contract, copyright, trademark right, right of publicity, right of privacy, any rights in name, likeness, voice or persona, or any subject to the copyright laws of the European Union.
  3. You will not use FairPay in relation to prostitution or escort services in any way, nor any other kind of services involving Users meeting in person (physically).
  4. You will not use the Services to arrange in-person (physical) meetings with any other user. You are only allowed to indicate your presence at widely known public events.
  5. You have, and at all times until the termination of those Terms and Conditions shall continue to have, the full right of authority to grant all rights to FairPay in and to the submitted content as set forth in these Terms and Conditions and to perform all other obligations, warranties, and indemnifications set forth in these Terms and Conditions.
  6. You have no obligation to follow any suggestions, comments, reviews, or instructions received from another User of FairPay, and if you choose to do so, you do so entirely at your own risk.
  7. If you previously had an account with FairPay, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
  8. You will ensure that all information you submit to us is truthful, accurate, and complete. You will promptly update any of the information you have submitted to us as and when it changes.
  9. You will keep your account/login information confidential and secure, including your user details, passwords, and other information that is part of our security procedures. You will not disclose these to anyone else. You will contact support@gofairpay.com promptly if you believe someone has used or is using your account without your permission or if your account has been compromised.
  10. You are responsible for all activity on your account, even if someone else uses your account, contrary to our Terms and Conditions.
  11. You will comply in full with these Terms and Conditions for all Users, our Acceptable Use Policy, and all other parts of our Terms and Conditions which apply to your use of FairPay.

15. Disclaimers

We try to keep the Services up and running a hundred percent of the time, free of annoyances. But zero risk does not exist; hence we cannot promise we will succeed.

You are using the website and our services at your risk and discretion.

FairPay makes no claims or promises about the website's quality, accuracy, or reliability and expressly disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not offer and provide any physical products or property.

In addition, while FairPay attempts to provide a good user experience, we do not represent or warrant that: (a) the Services will always be secure, error-free, or timely; (b) the Services will always function without delays, disruptions, or imperfections; or (c) that any FairPay content, user content, or information obtained on or through the services will be timely or accurate. FairPay is providing its best efforts but may not be held liable for any of the above for as long as it performs its obligations pursuant to these terms.

FairPay takes no responsibility and assumes no liability for any content you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which FairPay will be responsible for.

FairPay does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to or from us as open communications readily accessible to the public. You should not use the Services to send or receive messages you only intend the sender and named recipients to read. users or operators of the Services may read all messages you send to or through the services regardless of whether they are the intended recipients.

We do not grant you any implied licenses or other rights in relation to any part of FairPay, save as expressly set out in the Terms and Conditions.

We do not grant you any rights in relation to content. Any such rights may only be granted to you by Sellers.

Your content may be viewed by individuals that recognize your identity, and we will not be responsible in any way if you are identified from your content.

Once your content is posted on FairPay, we cannot control the use which other users or third parties make of such content, and we will not be responsible for any usage from users or any third parties. even if you delete your account, it will not prevent the circulation of any of your content, and we will not be responsible for any usage of your content after you have deleted your account.

The User agrees to remain in compliance with all applicable laws that relate to commercial or public sector bribes, money laundering, terrorism (including but not limited to local anti-corruption laws, Canada’s Corruption of Foreign Public Officials Act, the U.S. Foreign Corrupt Practices Act, the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the U.K. Bribery Act).

If the User, at any point in time, fails to be compliant, FairPay reserves the right to terminate the User’s account without any notice.

Any feedback you provide is considered nonconfidential and nonproprietary. We will be free to use that information unrestrictedly without compensating you.

16. Limitation of Liability

In any case, FairPay will not be liable to the User or any third party for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to the User’s access to or use of, or the User’s inability to access or use, the website or any materials or content on the website, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not FaitPay have been informed about of the possibility of such damage.

FairPay, in any case, is not responsible for services provided to the User by the third party who advertised on the website.

All risks related to the User’s information, account, or accounts on other sources if the User shared his data (login and password) are not a part of FairPay’s responsibility.

The User accepts responsibility for using the website and the Content.

17. Notices

You may serve us official notices by sending emails to support@gofairpay.com.

We may serve you official notices either by:

  • Sending you emails to the verified email address in your account;
  • Posting information in “notification” sections within the administrative areas of our Services.
  • Preventing your access to the Services until acceptance of the notice.

It is your responsibility to monitor and review the “notification” sections. All notices shall be legally binding upon acceptance.

The User also agrees that all electronic notices, disclosures, agreements, and other communications we provide meet the legal requirements that such communications be in writing.

18. Complaint Policy

If you have a complaint about FairPay, including any complaint about content appearing on FairPay or the conduct of a user, please send your complaint to support@gofairpay.com, 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.

After receiving your complaint:

  • We will investigate your complaint in a way that we consider appropriate within a timeframe that is appropriate to the nature of your complaint;
  • We will, in good faith, take the actions we consider appropriate to deal with the issue that your complaint has raised.

Please note that we are not required to inform you of the outcome of your complaint.

19. Limitation period for bringing claims

Except where prohibited by applicable law, a party will not file a claim arising out of or relating to FairPay or your agreement with us more than one year after the cause of action arose. Any claim brought after one year is barred.

20. Transfer of Rights and Obligations

Our rights and obligations under your agreement with us can be assigned or transferred by us to other third parties or affiliated legal entities. This could occur if our ownership changes (merger, acquisition, or sale of assets) or by law. In addition, we choose to delegate the performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such duties.

You must not assign your rights or delegate your performance under your agreement with us without our prior written consent. Any attempted rights assignment or performance delegation in breach of this section is void.

21. Final Terms

These Terms make up the entire agreement between you and FairPay and supersede any prior agreements.

These Terms do not create or confer any third-party beneficiary rights.

It will not be considered a waiver if we do not enforce a provision in these Terms.

We reserve all rights not expressly granted to you.

Nothing herein shall be construed to limit or prevent either party’s abilities to conduct their respective business with respect to matters not subject to these Terms.

22. Severability

If any provision of our Terms is found unenforceable, then that provision will be severed from our Terms and not affect the validity and enforceability of any remaining provisions.

23. Governing Law

The laws of Estonia will govern all disputes between you and FairPay.