TERMS OF USE FOR ALL USERS
BY USING OUR WEBSITE YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
Introduction: These Terms of Use for all Users govern your use of Pusica and your agreement with us.
Interpretation: In the Terms of Service:
we refer to our website as "Pusica", including when accessed via the URL www.Pusica.com or via any web browser;
references to "we", "our", "us" are references to Pusica;
"Content" means any material uploaded to Pusica by any User (whether a Creator or a Fan), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
"Creator" means a User who has set up their Pusica account as a Creator account to post Content on Pusica to be viewed by other Users;
"Fan" means a User who follows a Creator and is able to view the Creator's Content;
"Fan Payment" means any and all payments made by a Fan to a Creator, including payments for access to a Creator's Content, for interaction with the Creator, to procure new Content from the Creator, to subscribe to the Creator's account, to use the fan interaction function on the Creator's account, and any tips paid by a Fan to the Creator;
"Standard Contract between Fan and Creator" means the terms which govern each transaction between a Fan and a Creator on Pusica,
"Terms of Service" (also called "your agreement with us") means the legally binding agreement between you and us
"User" means any user of Pusica, whether a Creator or a Fan or both (also referred to as "you" or "your").
How we may change the Terms of Service: We may change any part of the Terms of Service without telling you beforehand in the following circumstances:
to reflect changes in laws and regulatory requirements which apply to Pusica and the services, features and programs of Pusica where such changes require Pusica to change its terms and conditions in a manner which does not allow us to give reasonable notice to you; and
to address an unforeseen and imminent danger related to defending Pusica, Fans or Creators from fraud, malware, spam, data breaches or other cybersecurity risks.
We may also make other changes to any part of the Terms of Service, and we will give you reasonable notice of such changes by email or through Pusica, and you may contact us to end your agreement with us before the changes take effect. Once any updated Terms of Service are in effect, you will be bound by them if you continue to use Pusica.
We may make changes to or suspend or withdraw Pusica: We may update and change Pusica from time to time for any reason, including to reflect changes to our services, Users' needs and our business practices or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that Pusica, or any Content on it, will always be available or accessible without interruption. We may suspend or withdraw or restrict the availability of all or any part of Pusica for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.
Registering with Pusica: To use Pusica you must first register and create a User account on Pusica. You must provide a valid email address, a username, and a password or authenticate using a valid Facebook, Twitter or Google account. Your password should be unique (meaning that it is different to those you use for other websites) and must comply with the technical requirements of the Pusica site for the composition of passwords. To register as a User:
you must be at least 18 years old, and you will be required to confirm this;
if the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and
you must not be barred from accessing our platform under any laws which apply to you.
If you do not meet the above requirements, you must not access or use Pusica.
Your commitments to us: When you register with and use Pusica, you make the following commitments to us:
If you previously had an account with Pusica, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
You will make sure that all information which you submit to us is truthful, accurate and complete.
You will update promptly any of your information you have submitted to us as and when it changes.
You consent to receiving communications from us electronically, including by emails and messages posted to your Pusica account, and to the processing of your personal data as more fully detailed in our Privacy Policy.
You will keep your account/login details confidential and secure, including your user details, passwords and any other piece of information that forms part of our security procedures, and you will not disclose these to anyone else. You will contact us promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.
You will comply in full with these Terms of Use for all Users, and all other parts of the Terms of Service which apply to your use of Pusica.
Rights we have, including to suspend or terminate your account:
We can but we are not obligated to moderate or review any of your Content to verify compliance with the Terms of Service and/or any applicable law.
It is our policy to suspend access to any Content you post on Pusica which we become aware may not comply with the Terms of Service and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us. Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. You agree that you will at your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content under this section.
If we suspend access to or delete any of your Content, we will notify you via email or electronic message to your Pusica account, but we are not obligated to give you prior notice of such removal.
We reserve the right in our sole discretion to terminate your agreement with us and your access to Pusica for any reason by giving you 30 days’ notice by email or electronic message to your Pusica account. We can also suspend access to your User account or terminate your agreement with us and your access to Pusica immediately and without prior notice:
if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service, or if you attempt or threaten to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User; or
if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of Pusica.
If we suspend access to your User account or terminate your agreement with us and your access to Pusica we will let you know. During any period when access to your User account is suspended, any Fan Payments which would otherwise have fallen due during the period of suspension will be suspended, and we may withhold all or any part of the Creator Earnings due to you but not yet paid out in accordance with Terms of Use for Creators.
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. There is no technical facility on Pusica for you to be able to access your Content following termination of your account.
We can investigate any suspected or alleged misuse, abuse, or unlawful use of Pusica and cooperate with law enforcement agencies in such investigation.
We can disclose any information or records in our possession or control about your use of Pusica to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, or in response to a court order.
We can change the third-party payment providers that we use and if we do so, we will notify you and store applicable details on your Pusica account.
Other than Content (which is owned by or licensed to Creators), all rights in and to Pusica 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.
We are the sole and exclusive owners of any and all anonymised data relating to your use of Pusica and such anonymised data can be used by us for any purpose, including for commercial, development and research purposes.
What we are not responsible for: We will use reasonable care and skill in providing Pusica to you, but there are certain things which we are not responsible for, as follows:
We do not authorize or approve Content on Pusica, and views expressed by Creators or Fans on Pusica do not necessarily represent our views.
We do not grant you any rights in relation to Content. Any such rights may only be granted to you by Creators.
Your Content may be viewed by individuals that recognise your identity. We will not in any way be responsible to you if you are identified from your Content. While we may, from time to time and in our sole discretion, offer certain geofencing or geolocation technology on Pusica, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology, and you will have no claim against us arising from your use of or reliance upon any geofencing or geolocation technology on Pusica.
All Content is created, selected and provided by Users and not by us. We are not responsible for reviewing or moderating Content, and we do not select or modify the Content that is stored or transmitted via Pusica. We are under no obligation to monitor Content or to detect breaches of the Terms of Service.
You agree that you have no obligation to follow any suggestions, comments, reviews or instructions received from another User of Pusica and that if you choose to do so, you do so entirely at your own risk.
We make no promises or guarantees of any kind that Creators or Referring Users will make a particular sum of money (or any money) from their use of Pusica.
The materials which we make accessible on Pusica for Users are for general information only. We make no promises or guarantees about the accuracy or otherwise of such materials, or that Users will achieve any particular result or outcome from using such materials.
We do not promise that Pusica is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access Pusica. You should use your own virus protection software.
We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of Pusica.
While we try to make sure that Pusica is secure and free from bugs and viruses, we cannot promise that it will be and have no control over the Content that is supplied by Creators.
We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.
You acknowledge that once your Content is posted on Pusica, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your Content which may have been recorded by other Users in breach of the Terms of Service or by third parties prior to the deletion of your account.
Intellectual property rights – ownership and licenses:
You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses in respect of your Content to us and to other Users. This includes any rights required to engage in the acts covered by sub-section 10(b) below in any territory in which Pusica is accessible and, in particular, in the United States of America, the United Kingdom and the European Union.
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 Pusica. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal in your Content.
The license which you grant to us under sub-section 10(b) above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using Pusica, 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. This license will allow us, for example, to add stickers, text, and watermarks to your Content, to make your Content available to other Users of Pusica, as well as to use your Content for other normal operations of Pusica. We will never sell your Content to other platforms, though we may sell or transfer any license you grant to us in the Terms of Service 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 (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your Content. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf.
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 Pusica. 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 (as permitted by the license which you give us in section 10(b) above) to add watermarks, stickers or text to your Content.
Linking to and from Pusica:
Links to Pusica:
You may link to the Pusica homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
If you are a Creator, when promoting your Creator account you must comply with our Terms of Service and the terms of service of any other website where you place a link to or otherwise promote your Creator account. When promoting your Creator account, you must not impersonate Pusica or give the impression that your Creator account is being promoted by us if this is not the case. You must not promote your Pusica account by using Google Ads or any similar advertising platform or search engine advertising service.
Links from Pusica: If Pusica contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted 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 decide to access any of the third-party websites linked to Pusica, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
How do I delete my account? If you want to delete your Pusica account then you may do so in the 'User Account' section of your Pusica account.
If you are a Fan, the deletion of your account will take place within a reasonable time following your request.
If you are a Creator, then once you initiate the "delete account" process your account will remain open until the last day of your Fans' paid subscription period, following which you will receive your final payment and your account will be deleted.
If you are both a Fan and a Creator then your account will be deleted in two stages (Fan first and then Creator).
Once your account has been deleted you won't be charged any further amounts or have access to your former Pusica account or its Content, and any subscriptions will be deleted and cannot be subsequently renewed. You will receive an email confirmation upon the successful deletion of your account. Once your account has been deleted, 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. There is no technical facility on Pusica for you to be able to access your Content following termination of your account.
