TERMS OF USE FOR ONLY WRESTLERS: Members
BY USING OURWEBSITE as a Member YOU AGREE TO THESE TERMS – PLEASE READ THE FOLLOWING
1. Introduction: The Terms of Use for Members are essential when using OnlyWrestlersservices. As a member, you are bound by these terms, which are integral to youragreement with the platform. This ensures clarity and mutual understanding between youand OnlyWrestlers. These Terms of Use for Members form part of your agreement withus.
2. Interpretation: In these Terms of Use for Members, defined terms have the samemeanings given to them in the Terms of Use for all Users. In addition:
a. "VAT" means United Kingdom value added tax and any other tax imposed in addition toor in substitution for it at the rate from time to time imposed and any equivalent or similargovernmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost orlevy in any other jurisdiction; and
b. "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial,local government or municipal charges, duties, imposts, contributions, levies,withholdings or liabilities wherever chargeable and whether of the UK or any otherjurisdiction.
3. Other terms which will apply to your use of OnlyWrestlers: The following terms willalso apply to your use of OnlyWrestlers and you agree to them:
a. Our Terms of Use for all Users;
b. Our Privacy Policy – which tells you how we use your personal data and other informationwe collect about you;
c. Our Acceptable Use Policy – which tells you what you can and can't do on OnlyWrestlers;
d. Our Complaints Policy – which sets out the procedure for making a complaint about anyaspect of OnlyWrestlers, and how we will deal with that complaint;
e. The Standard Contract between Member and Talent Creator – which does not form partof your agreement with us, but which governs and sets out the terms applicable to eachMember/Talent Creator transaction you enter into on OnlyWrestlers; and
f. Our Community Guidelines – which provide additional terms and guidance regarding yourinteractions with .OnlyWrestlers
4. Other terms which may apply to your use of OnlyWrestlers: The following additionalterms may apply to your use of OnlyWrestlers:
a. If you are also a Talent Creator, the Terms of Use for Talent Creators will apply to youruse of OnlyWrestlers as a Talent Creator;
b. If you are a Talent Creator who is established or resident in the European Union or theUnited Kingdom, then the Platform to Business Regulation Terms will also apply to you;and
c. If you participate in the OnlyWrestlers referral program, the Referral Program Termswillapply to your use of the OnlyWrestlers Referral Program.
5. Your commitments to us: You warrant (which means you make a legally enforceablepromise) that:
a. You are at least 18 years old;
b. If the laws of the country or State/province where you live provide that you can only belegally bound by a contract at an age which is higher than 18 years old, then you are oldenough to be legally bound by a contract under the laws of the country or State/provincewhere you live;
c. You will provide such other information or verification records as we require.
d. You are permitted by the laws of the country or State/province where you are located tojoin OnlyWrestlers and to view any Content available on it and to use any functionalityprovided by it; and
e. You are able and willing to make payment (where required) to view Content available onOnlyWrestlers which you wish to view and to use any functionality provided byOnlyWrestlers that you wish to use.
6. Content - general terms: In addition to the terms set out elsewhere in the Terms ofService (in particular in our Acceptable Use Policy), the following terms apply to theContent posted, displayed, uploaded or published by you as a Member on OnlyWrestlers:
a. You warrant (which means that you make a legally enforceable promise to us) that foreach item of Content which you post, display, upload or publish on OnlyWrestlers:
i. The Content complies in full with the Terms of Service (and in particular our AcceptableUse Policy);
ii. You either own your Content (and all intellectual property rights in it) or have a validlicense to your Content; and
iii. If your Content includes or uses any third-party material, you have secured all rights,licenses, written consents and releases that are necessary for the use of such third-partyproperty in your Content and for the subsequent use and exploitation of that Content onOnlyWrestlers.
b. You agree that you will be liable to us and indemnify us if any of the warranties atsection 6(a) is untrue. This means you will be responsible for any loss or damage wesuffer as a result of any warranty being untrue.
c. We are not responsible for and do not endorse any aspect of any Content posted by youor any other User of OnlyWrestlers. We do not have any obligation to monitor anyContent and have no direct control over what your Content may comprise.
7. Adult material: You acknowledge that you are aware that some of the Content onOnlyWrestlers contains adult material, and you agree to take this into account whendeciding where to access and view Content. We will not be responsible to you if yousuffer any loss or damage as a result of your accessing or viewing Content containingadult material in a way which places you in breach of any contract you have with a thirdparty (for example, your employment contract) or in breach of any applicable law.
8. Subscriptions and purchases by Members: This section describes the terms whichapply to Member/Talent Creator transactions:
a. All Member/Talent Creator transactions are contracts between Members and TalentCreators on the terms of the Standard Contract between Member and Talent Creator.Although we facilitate Member/Talent Creator transactions by providing the OnlyWrestlersplatform and storing Content we are not a party to the Standard Contract betweenMember and Talent Creator or any other contract which may exist between a Memberand Talent Creator, and are not responsible for any Member/Talent Creator transactions.
b. Talent Creators are solely responsible for determining (within the parameters for pricingon OnlyWrestlers) the pricing applicable to Member/Talent Creator transactions and theContent to which you may be given access. All prices appear in USD only.
c. Member Payments are exclusive of VAT, which shall be added at the current rate asapplicable to Member Payments.
d. To be able to enter into a Member/Talent Creator transaction with a particular TalentCreator, you must first add a payment card to your account and then click the 'Subscribe'button on the relevant Talent Creator's profile.
e. You authorize us and our subsidiary companies to supply your payment card details to athird-party payment provider for the purpose of processing your Member Payment. AllMember Payments will be charged in USD. Your payment card provider may charge youcurrency conversion fees. We do not have control over currency exchange rates orcharges imposed by your payment card provider or bank and we and our subsidiarycompanies will not be responsible for paying any charges or fees imposed by yourpayment card provider or bank.
f. If you choose to provide details of two or more payment cards, then if you try to make aMember Payment from the first card and the card is rejected for any reason, then theother payment card will be used to collect the full Member Payment.
g. The payment provider will take (i) periodic payments from your payment card for MemberPayments which are Subscriptions; and (ii) immediate payments from your payment cardfor Member Payments other than Subscriptions (including any tips paid by you to a TalentCreator). You authorize and consent to each of these payments being debited using yoursupplied payment card details.
h. Apart from free-trial Subscriptions, all Subscriptions to a Talent Creator's profile willautomatically renew at the end of the relevant subscription period, except if your paymentcard is declined, the subscription price for the Subscription has increased, or you haveturned off the "Auto-Renew" switch located on the relevant Talent Creator's profile. Thismeans that if you want to stop subscribing to a Talent Creator's profile and payingcontinuing monthly subscription charges, you will need to turn off the "Auto-Renew"switch located on the relevant Talent Creator's profile.
i. If you cancel a Subscription you will continue to be permitted to view the relevant TalentCreator's Content until the end of the subscription period in which you canceled, afterwhich no further payments will be taken from your payment card in respect ofsubscriptions to that Talent Creator's profile (unless you choose to pay for a newSubscription to that Talent Creator’s profile), and you will no longer be able to view therelevant Talent Creator's Content.
j. You agree that you will not make unjustified requests for a refund in respect of anyMember/Talent Creator transaction or tip to a Talent Creator, or unjustified chargebackrequests of your payment card provider in relation to any Member/Talent Creatortransaction or tip to a Talent Creator. If we consider that any request for a refund orchargeback request was made by you in bad faith, we have the right to suspend or deleteyour User account.
9. Suspension of your User account: If we suspend your User account in accordancewith our rights under the Terms of Service, then any Member Payments which wouldotherwise have fallen due during the period of suspension of your User account will besuspended during the period of the suspension of your User account.
