Terms of Service

Terms of Service - Ponsly.com

Terms of Service

BY USING OUR WEBSITE, YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

Introduction

These Terms of Use govern your use of Ponsly.com and your agreement with us. Here are a few key things to note:

  • We can modify these Terms of Service at any time.
  • If you purchase a Subscription, it will automatically renew for additional periods of the same duration unless you cancel it.
  • Your rights may vary depending on where you are resident when you access Ponsly.com.
  • If a dispute arises between you and us, you agree to notify us and agree to mediation before bringing any claim against us.

Interpretation

In the Terms of Service:

  • We refer to our website as "Ponsly.com", including when accessed via the URL www.ponsly.com;
  • References to "we", "our", "us" are references to Landerouge SASU, the operator of Ponsly.com;
  • "Business User": a User who uses Ponsly.com for commercial reasons, whether acting on their own behalf or through someone else, including Referring Users;
  • "Consumer": all Users who are not Business Users;
  • "Content": any material uploaded to Ponsly.com by any User, including any photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
  • "Contract between Fan and Creator": the terms which govern each Creator Interaction;
  • "Creator": a User who has set up their Ponsly.com account to post Content for Fans to view;
  • "Creator Earnings": the portion of a Fan Payment payable to a Creator pursuant to these Terms of Service after deducting all fees and applying all relevant tax laws;
  • "Creator Interaction": an interaction on Ponsly.com that grants access to a Creator's Content, including: (i) a Subscription; (ii) a payment for pay-per-view Content; and (iii) any other interaction or payment between a User and a Creator's account or Content, including direct messages;
  • "Fan": a User who has registered for an account and who can access a Creator’s Content via a Creator Interaction;
  • "Fan Payment": any payment related to a Creator Interaction;
  • "Include", "Includes", and "Including" also mean "without limitation";
  • "Indirect Sales Taxes": any Tax that is statutorily applied to Fan Payments in any relevant jurisdiction;
  • "Notice", "Notify", and "Notification": our attempt to share information with you by sending a message to your Ponsly.com account, or sending an email to an address you provide, or posting a letter to the physical address you provide, or sending a text message to or calling a phone number you provide;
  • "Referring User": a User who participates in the Ponsly.com Referral Program;
  • "Subscription": a Fan’s binding agreement to obtain access for a specific period of time to all content that a Creator makes available to Fans in exchange for authorized automatic renewal payments. This excludes individually priced content;
  • "Subsidiary": a legal entity of which Landerouge SASU or a Landerouge SASU Subsidiary, alone or with other Landerouge SASU Subsidiaries, owns, or has the power to vote or control;
  • "Tax": all forms of tax and statutory, governmental charges, duties, imposts, contributions, levies, withholdings, or liabilities wherever chargeable in any applicable jurisdiction;
  • "Terms of Service": the legally binding agreement between you and us which consists of: (i) these Terms of Use; (ii) Acceptable Use Policy; (iii) Referral Program Terms; (iv) Platform to Business Regulation Terms; (v) Complaints Policy; (vi) Appeals Policy; (vii) VAT Policy; and (viii) Community Guidelines;
  • "Upload": publish, display, post, type, input, or otherwise share any photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
  • "User": any user of Ponsly.com, whether a Creator or a Fan or both.

Who We Are and How to Contact Us

Ponsly.com is operated by Landerouge SASU, domiciled at 231 rue Saint-Honoré, 75001 Paris, France. You can contact us by email at contact@ponsly.com.

We May Change the Terms of Service

Where permitted, we may change any part of the Terms of Service without Notice:

  • To reflect changes in applicable laws and regulations; and/or
  • To address a risk to Ponsly.com, to us, to Users, or to relevant third parties.

We may also make other changes and will Notify you so you may delete your account before the changes take effect. Once updated, you will be bound by the effective Terms of Service if you continue to use Ponsly.com.

We May Change, Suspend, or Deactivate Ponsly.com

We may change Ponsly.com from time to time for any reason. We do not guarantee that Ponsly.com, or its Content, will always be available or accessible without interruption. We may suspend, withdraw, or restrict the availability of any part of Ponsly.com.

Registering with Ponsly.com

By registering with and using Ponsly.com, you agree to the Terms of Service. If you do not agree, your sole remedy is to not register or stop being a Ponsly.com User. We may reject an account application for any reason. To use Ponsly.com, you must register and open an account on Ponsly.com. You must provide a valid email address, a username, and a password or authenticate using an approved third-party. Your password must comply with Ponsly.com’s password requirements.

To register as a User and open a Fan account:

  • You must be at least 18 years old;
  • You must be able to be legally bound by a contract with us;
  • You must be legally permitted to join, view Content, and use any functionality provided by Ponsly.com;
  • You must not be convicted of committing a serious crime;
  • You agree to pay (where required) for Creator Interactions in accordance with the Terms of Service and the Contract between Fan and Creator.

To open a Creator account, you must also:

  • Upload a valid form of ID and two photos of you;
  • Add a bank account, payment details for your bank account, or a payment method;
  • Select a method ("Payout Option") for us to transfer Creator Earnings to you;
  • Provide any additional information we request, which may vary depending on where you live or your nationality.

Content Review Process

All user-uploaded content on Ponsly.com must undergo a pre-screening process before publication. This ensures that the content does not violate applicable laws or the platform's Standards. Each piece of content will be reviewed for legality and compliance before it is made available to the public. If any content is found to be illegal or otherwise in violation of our Standards, it will not be published.

Live Streaming Option

Creators who wish to use the live streaming option must enter into a written agreement with Ponsly.com. The agreement outlines the Creator’s responsibilities and restrictions, including compliance with legal requirements and platform standards. During the review process, the merchant must submit a copy of this document to confirm the Creator’s compliance. This copy may be a draft version of the content provider agreement, and the merchant does not need to provide each individual agreement.

The content provider agreement may also be electronic, and it must include a process by which the content provider affirms their agreement (for example, by checking a box stating "I agree to the T&C" or "I agree to the model agreement").

Content Provider Agreement

All Creators must agree to a content provider agreement before they can upload content or live stream on Ponsly.com. The agreement must include the following:

  • Prohibition of Illegal Activity: The content provider must agree not to engage in any activity that is illegal or violates the platform's Standards.
  • Consent from All Persons Depicted: The content provider must obtain written consent from all persons depicted in the content, specifically for:
    • Consent to be depicted in the content;
    • Consent to the public distribution of the content and upload to Ponsly.com;
    • Consent for the content to be made available for downloading by other users, if applicable.
  • Age and Identity Verification: The content provider must verify the identity and age of all persons depicted in the content, ensuring that they are adults. The content provider must maintain supporting documentation and be able to provide it upon request.

Adult Material

Some Content on Ponsly.com may contain adult material, and you acknowledge and agree to this when you access Ponsly.com. We are not responsible for any loss or damage you suffer as a result of how or where you view Content.

Content – General Terms

  • Your Content is not confidential, and you authorize your Fans to access and view your Content on Ponsly.com for their own lawful and personal use.
  • You are legally responsible for all Content you Upload. If you are a Creator and someone else assists you with the operation of your Creator account, this does not affect your legal responsibility.
  • Our relationship is with you, and not with any third-party, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms of Service.
  • You warrant that, for each item of Content you Upload to Ponsly.com:
    • It complies with the Terms of Service and all applicable laws;
    • You own your Content (and all intellectual property rights in it) or hold all rights necessary, including licenses, to post and monetize the Content on Ponsly.com or the subsequent use of that Content by Ponsly.com.
  • You are liable to and will indemnify us if any warranty in this section of these Terms of Use is untrue. This means you will be responsible for any resulting loss or damage we suffer.

Fan Subscriptions and Purchases

This section applies to Creator Interactions including Subscription billing and renewals:

  • Creator Interactions are governed by the Contract between Fan and Creator. We facilitate Creator Interactions by providing the Ponsly.com platform, but we are not a party to the Contract between Fan and Creator or any other contract between a User and a Creator, and we are not responsible for Creator Interactions.
  • Creators are solely responsible for determining any pricing applicable to Creator Interactions.
  • All prices appear, and are charged, in USD. Payment providers may charge currency conversion fees.
  • When a Creator receives Notice that the Creator Interaction has been confirmed, that Creator must perform their part of the Creator Interaction.

Creator Payouts

  • All Fan Payments will be received and processed by a third-party payment provider approved by us.
  • Our Fee is calculated as 20% of the total Fan Payment and will be deducted from each Fan Payment.
  • Creator Earnings will only be available for withdrawal when reflected in your Ponsly.com account.

Tax Compliance

Creators are responsible for their own tax affairs and neither we nor any Subsidiary are responsible for advising you on your tax obligations. By using Ponsly.com as a Creator, you warrant that you have reported, and will report in the future, all payments you receive in connection with your use of Ponsly.com to the relevant tax authority in your jurisdiction, as required by law.

Our Rights and Obligations

  • We reserve the right to suspend or remove Content that may breach our Terms of Service. We comply with applicable laws requiring us to use proportionate measures to remove illegal Content when we become aware it is on Ponsly.com.
  • We may also review any suspected or alleged misuse, abuse, or unlawful use of Ponsly.com and cooperate with law enforcement agencies in such reviews.

Intellectual Property Rights – Ownership and Licenses

  • You confirm that your Content does not infringe or violate the intellectual property rights of any third party and that you own or have obtained all rights necessary to distribute, copy, display, publicly perform, or otherwise use the Content.
  • You agree to grant us a license to all your Content to perform any act related to the operation of Ponsly.com and our related products and services, including reproducing, making available or displaying to the public, distributing, creating derivative works, and otherwise using your Content.

Co-authored Content

If your Content features someone other than yourself ("Co-Authored Content"), you warrant that each individual in the Co-Authored Content is either a Creator you have tagged using the tool available on Ponsly.com or an individual who has provided their written consent.

Account Deletion

  • You may delete your Ponsly.com account in the 'User Account' section of your Ponsly.com account.
  • If you are a Fan, we will delete your account within a reasonable time and will not charge any further Subscriptions.
  • If you are a Creator, your account will remain open until all active Fan Subscriptions expire. We will then pay all unpaid Creator Earnings and delete the account.

Responsibility for Alleged Loss or Damage

We do not limit our liability where it would be unlawful to do so. Consumers may rely on mandatory provisions of law that apply to them, and nothing in our Terms of Service affects a Consumer's rights to rely on mandatory provisions of local law.

If you are a Business User, we exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to Ponsly.com or any Content.

Disputes

For disputes, the following jurisdictions apply:

  • If you are a Consumer, your agreement with us is governed by the laws of France, and you may rely on mandatory rules of the law of the country where you live.
  • If you are a Business User, your agreement with us is governed by the laws of France, and the courts of Paris will have jurisdiction.