RazrTech SARL-S, company registered in Luxembourg (the “Company”) and its affiliates, welcomes you to MemberWire (the “Website”).
It is important to the Company that you and other visitors have the best possible experience while using the Website, and that, when you use the Website, you understand your legal rights and obligations.
Please read this agreement, which governs your use of the Website, including any content, functionality, and services offered on or through the Website. Your access to the Website is on the condition that you agree to this agreement.
Please pay special attention to the following sections:
(1) Disclaimer of warranties (section 18);
(2) Limit on liability and exclusion of damages (sections 19 and 20);
(3) Place for resolving disputes (section 23.2);
(4) Mandatory mediation and arbitration (sections 24.3 and 24.4);
(5) Class action waiver (section 24.8); and
(6) Limitation on time to file disputes (section 24.9).
By accessing the Website, including purchasing a subscription or any payment, you agree to this agreement. If you do not want to agree to this agreement, you must not access the Website.
Section 230(d) Notice: In accordance with 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which the Company provides for informational purposes only and does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
No Adult-Oriented Content. The Company prohibits Adult-oriented content on this website, the website doesn't allow adult-oriented content that displays sexualised nudity of human, digital or otherwise artificially generated models (this includes cartoons, drawings, paintings, sculptures and anime. Content must not show the genitals or the buttocks, or have an exclusive focus on these body parts, even if those body parts are censored.
No Child Pornography. The Company prohibits pornographic content involving minors. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website, please promptly report this to the Company at firstname.lastname@example.org. Please include with your report all appropriate evidence, including the date and time of identification. The Company will promptly investigate all reports and take appropriate action. The Company fully cooperates with any law-enforcement agency investigating child pornography.
No Prostitution or Sex Trafficking. The solicitation of prostitution is contrary to the Website’s purpose and the Company will not tolerate it in any fashion. Soliciting prostitution on the Website is strictly prohibited. The Company will immediately terminate any account used to solicit prostitution.
Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. If you do not meet these age requirements, you must not access the Website and must leave now.
By accessing the Website, you state that the following facts are accurate:
3.1 License Grant. The Company hereby grants you a non-exclusive, non-transferable, non-sublicensable license to access the Website and its content for your personal and non-commercial use in accordance with this agreement. By “access”, the Company means visit the Website, use its services, and view or download its content. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials found on the Website.
3.2 License Restrictions.
The license granted in section 3.1 does not include any of the following:
4.1 Ownership of Website.
Unless otherwise indicated in this agreement or on the Website, the Company owns or has a license to use: (a) the Website, including its past, present, and future versions; (b) all webpages found within the Website; (c) all the material and information on the Website; (d) all graphics, text, images, audio, videos, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any copyrightable material (including source and object code), and all other materials, including the design, structure, “look and feel,” and arrangement of the content contained on the Website; and (e) all trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, regardless of registration, contained on the Website. Intellectual property laws, including copyright, patent, service mark, trademark, trade dress, trade secret, international treaties, and various other intellectual property and unfair competition laws protect the Website and its content. In using the Website or the content, you will comply with all governing intellectual property laws, and any specific notices contained on the Website.
The Company’s name, logos, domain names, and the terms (MemberWire), are the Company’s trademarks, and must not be copied, imitated, or used, in whole or in part, without the Company’s advance written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and trade dress of the Company, and must not be copied, imitated, or use, in whole or in part, without the Company’s advance written permission. Other names of actual companies, products, or services mentioned on the Website may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement, or association by or with the Company, or that those owners endorse or have any affiliation with the Website. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any marks displayed on the Website, meta tags, or any other “hidden text” using marks that belong to the Company and its licensors, without advanced written permission from the Company or the third party who may own the mark.
5.1 Account Creation.
You must complete the registration process by providing the Company with accurate information as prompted by the applicable registration form. You also will choose a password and a username. By creating an account, you state that (a) all account registration and profile information you provide is your own and is accurate; (b) if you previously had an account on the Website, your old account was not terminated or suspended by the Company for violation of this agreement; and (c) you’re creating an account for your own personal use and you will not sell, rent, or transfer your account to any third party.
5.2 Responsibility for Account.
You are responsible for keeping your password and account confidential. Further, you are responsible for all activities that occur under your account. You must notify the Company promptly of any unauthorized use of your account or any other security breach.
5.3 Liability for Account Misuse.
The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Company or another party due to someone else using your account or password.
5.4 Use of Other Accounts.
You must not use anyone else’s account at any time.
5.5 Account Security.
The Company cares about the integrity and security of your personal information. But the Company cannot guarantee that unauthorized third parties will never be able to defeat the Website’s security measures or use any personal information you provide to the Company for improper purposes. You acknowledge that you provide your personal information at your own risk.
6.1 In General.
The Website is a social media platform that lets you subscribe to an influencer’s profile or third-party social media account to view the influencer’s otherwise restricted photos, videos, and posts as well as to interact with the influencer in exchange for a one-time or recurring fee. Influencer set their own pricing. It is your responsibility to check the price before subscribing or making a purchase. Unless the payment page indicates otherwise (for example, VAT taxes are collected from EU users), pricing excludes any taxes or currency transmission charges, which are extra costs charged to you. The Company does not provide price protection or refunds in the event of a price reduction or promotional offering.
You must prepay for any subscription that you order. The Company accepts payment via the payment method indicated before the purchase. You must have a valid accepted form of payment on file to purchase a subscription. You must abide by any relevant terms of service or other legal agreement, whether with the Company or a third party, that governs your use of a given payment method. The Company will charge your credit card or other forms of payment for the price listed for the relevant subscription, along with any additional amounts relating to applicable taxes, bank fees, and currency fluctuations.
6.3 Recurring Billing.
If you purchase any automatically renewing subscriptions, you hereby authorize the Company or its payment processor to charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and the Company is unable to charge you on the next billing period, the Company may immediately revoke your access to any subscription you have purchased until you update your payment method. If you fail to update your payment method within a reasonable amount of time, the Company may cancel your subscription.
If the Company is required to collect or pay any taxes in connection with your purchase of a subscription (for example, the Company collects VAT taxes from EU users), those taxes will be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of a subscription. These taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.
6.5 Billing Errors.
The Company will correct any mistakes in a charge and add or credit them against your future payments. If you become aware of any errors in a charge, please notify the Company promptly at email@example.com If an error occurs in the billing bank, gateway, processor, or intermediate processor and a transaction are lost, the Company has up to 30 days to work with the billing bank, gateway, processor, or intermediate processor to locate this transaction and solve this issue, including providing credit to your payment method or refunding the transaction. You waive any error unless you notify the Company of the error within three months after you receive the bill in which the error first appears. You hereby release the Company from any liability for any error that you do not report to the Company within three months after you receive the bill in which the error first appeared.
All sales and transactions are final. Payments are non-refundable and fully earned on payment. There are no refunds or credits for partially used periods. But the Company may approve a refund in the form of a credit on request if exceptional circumstances exist, including if an influencer fails to add you to their private third-party social media account within 24 hours after you buy a subscription to that influencer’s private third-party social media account (unless the failure to add was caused by your failure to provide accurate information). The amount and form of a refund, and the decision to provide it, is at the Company’s sole discretion. The provision of a refund in one instance does not entitle you to a refund in the future for similar instances; nor does it obligate the Company to provide refunds in the future, under any circumstance.
6.7 Subscription Cancellations.
If you buy a subscription that automatically renews, you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period. You retain access to the subscription from the time you cancel until the start of the next billing period and will not receive a refund or credit for any remaining days in your current billing period. To cancel a subscription, please email us at firstname.lastname@example.org
7.1 You must not engage in any of the following prohibited activities:
7.2 You must not do any of the following while using the Website’s interactive features:
7.3 If you threaten, harass, bully, or stalk any influencer through the Website or any third-party media platform’s terms, policies, or guidelines, you will not receive a refund or any credit.
8.1 Content Ownership.
You retain all ownership rights to content uploaded to the Website.
8.2 Content License.
By submitting Content to the Website, you hereby grant the Company a worldwide, nonexclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Website and the Company’s (and its successors’ and affiliates’) business, including for promoting and redistributing part or all of the Website (and derivative works of it) in any media formats and through any media channels.
Through the Website, you will have the ability to access or use content provided by third parties. The Company cannot guarantee that third-party content will be free of material you may find objectionable or otherwise. The Company will not be liable to you for your access or use of any third-party content.
The Website may contain links to third-party websites or resources. You acknowledge that the Company is not responsible or liable for (1) the availability or accuracy of those websites or resources; or (2) the content, products, or services on or available from those websites or resources. Links to third-party websites or resources do not imply any endorsement by the Company of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
The Company does not own, operate, or control third-party social media platforms. Your use of any third-party social media platform in connection with your subscription is subject to that third-party social media platform’s terms, policies, and guidelines. If your third-party social media platform account is suspended or terminated as a result of your violation of that third-party social media platform’s terms, policies, or guidelines, you will not receive a refund or credit for any lost access due to a third-party social media platform’s suspension or termination of your account with that platform.
The Company operates the Website as a neutral host, and the Company does not regularly monitor, regulate, or police the Website’s use by any of its participants. The participation in the Website by a visitor, user, influencer, studio, or other third parties (collectively, the “participants”) does not constitute the Company’s endorsement that participant. The Company is not responsible for the acts, omissions, agreements, promises, content, products, or other services, comments, opinions, advice, statements, offers, or information of any participant. Participants are independent parties, and the Company does not, and will not, have any responsibility or liability for the acts, omissions, agreements, promises, comments, opinions, advice, statements, or offers of any participant.
The Company respects the intellectual property rights of others and expects the Website’s users to do the same. The Company will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to the Company. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide the Company’s copyright agent with the following information:
15.1 The Company may do any of the following:
15.2 The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of or other information about anyone posting any submission or communication on or through the Website or otherwise engaging in any alleged wrongful conduct. You hereby waive any claims you might have against the Company—including its affiliates, licensees, and service providers—resulting from any action taken by the Company during or because of the Company’s investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
15.3 The Company cannot and does not review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. You remain solely responsible for the content of your submissions and communications. The Company will not be liable for any action or inaction regarding submissions, transmissions, communications, or content provided by any user or third party. The Company will not be liable to anyone for performance or nonperformance of the activities described in this Section 15. But if you know of any submission or communication that violates this agreement, please email the Company at email@example.com Please provide as much detail as possible, including (1) a copy of the objectionable submission or the location where the Company may find it, (2) the reason the Company should remove it, and (3) a statement certifying the accuracy of the information you provided to the Company.
16 Changes to the Website; Availability
16.1 Although the Company may update the content on the Website on one or more occasions, the content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and the Company is not required to update that material. If you believe you have found errors or omissions on the Website, you can bring them to the Company’s attention by email at firstname.lastname@example.org
16.2 While the Company will try to make sure that the Website is always available, it does not guarantee continuous, uninterrupted, or secure access to the Website. Many factors or circumstances outside of the Company’s control may interfere with or adversely affect its operation of the Website.
17 Compliance with Law.
The Company is located in England. The Company is not making any statement that the Website or any of its content is accessible or appropriate outside of England. Access to the Website might not be legal by certain persons or in certain countries. If you access the Website from outside England, you do so on your own initiative and are responsible for complying with all local laws. If you access the Website in a jurisdiction that prohibits or restricts its use, the Company will not have any liability to you for your use of the Website.
18 Acknowledgements and Warranty Disclaimers
19 Limit on Liability; Release
20 Exclusion of Damages; Exclusive Remedy
21 Scope of Disclaimers, Exclusions, and Limits.
The disclaimers, exclusions, and limits stated in sections 18, 19, and 20 apply to the greatest extent allowed by law, but no more. The Company does not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits will not apply to you.
22.1 In General.
You will pay the Company, its directors, officers, employees, agents, contractors, subsidiaries, affiliates, partners, licensors, content providers, and service providers (collectively, the “Indemnified Parties”) for any loss of an Indemnified Party that is caused by any of the following (whether actual or alleged): (a) your use of the Website; (b) your breach of this agreement; (c) your violation of law; (d) your submission, posting, or transmission of user content to the Website; or (e) your violation of a third party’s rights. But you are not required to pay if the loss was caused by the Indemnified Party’s actual intentional misconduct.
22.3.Indemnified Party’s Duty to Notify You.
The Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Party’s failure to timely notify you does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.
22.4.Legal Defense of a Claim.
The Indemnified Party has control over defending a claim for a loss (including settling it) unless the Indemnified Party directs you to control the defence. If the Indemnified Party directs you to control the defence, you will not settle any litigation without the Indemnified Party’s written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Party’s fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate with each other in good faith on a claim.
The Indemnified Parties’ rights under this section 22 do not affect other rights they might have.
23 Governing Law; Place for Resolving Disputes
23.1 The laws of England, without giving effect to any conflicts of law principles, govern all matters arising out of or relating to the Website or this agreement. The predominant purpose of this agreement is providing services and licensing access to intellectual property and not a “sale of goods.” This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
23.2 Except for disputes subject to arbitration, all disputes arising out of or relating to the Website or this agreement will be subject to the exclusive jurisdiction and venue of the courts of competent jurisdiction located in England. Each party hereby submits to the personal jurisdiction of the courts of competent jurisdiction located in England to resolve all disputes not subject to arbitration. Each party hereby waives any right to seek another forum or venue because of an improper or inconvenient forum.
23.3 For purposes of this section 23, the Website will be deemed solely based in England and will be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in any other jurisdiction.
24 Dispute Resolution
25.1 Entire Agreement.
This agreement constitutes the entire agreement between you and the Company about your access to and use of the Website. It supersedes all earlier or contemporaneous agreements between you and the Company about access to and use of the Website. A printed version of this agreement will be admissible in any proceedings arising out of or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form. Any additional terms on the Website will govern the items to which they pertain.
25.2.Copy of this Agreement.
You may, and the Company recommends that you, print this agreement on your printer or save them to your computer. If you have trouble printing a copy, please email the Company at email@example.com and the Company will email you a copy.
The Company may change this agreement on one or more occasions. The Company will try to post changes on the Website at least 15 days before they become effective. Changes will become effective on the “last updated” date stated at the top of this page. Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes. While the Company will try to notify you when the Company changes this agreement, the Company does not assume any obligation to do so, and it is your responsibility to frequently check this page to review the most current agreement. By continuing to use the Website after the Company posts changes to this agreement, you agree to the revised agreement. If you do not agree to the revised agreement, your exclusive remedy is to stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please contact the Company at firstname.lastname@example.org
25.4.Assignment and Delegation.
The Company may assign its rights or delegate any performance under this agreement without your consent. You will not assign your rights or delegate your performance under this agreement without the Company’s advanced written consent. Any attempted assignment of rights or delegation of performance in breach of this section 25.4 is void.
The parties may waive any provision in this agreement only by writing signed by the party or parties against whom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition, under this agreement, and no act, omission, or course of dealing between the parties, operates as a waiver or estoppel of any right, remedy, or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other person.
The parties intend as follows:
The Company is not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay its performance, including:
25.9.Successors and Assigns.
This agreement inures to the benefit of, and are binding on, the parties and their respective successors and assigns. This section 25.11 does not address, directly or indirectly, whether a party may assign rights or delegate obligations under this agreement. Section 25.4 addresses these matters.
25.10.Permission to Email You.
Any affirmation, assent, or agreement you send through the Website will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your finger, mouse, keystroke, or other devices, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
26 Chargeback / Disputed Payment Policy.
In case of chargebacks claimed by users or disputes raised on any payments, MemberWire holds no responsibility for the authenticity of such chargeback and will abide by the final judgement passed by the Payment Gateway and the Bank that has issued the Credit Card, Debit Card or any other medium of completing the transaction, including Wallets and UPI services.
In the unfortunate event of such chargebacks or disputes, MemberWire shall make honest efforts in recovering the lost amount from the user and expect cooperation from the Creators and may even reach out to the Creator to gather evidence and supporting documents to be submitted to the Clearing Banks and Payment Gateways. However, since MemberWire has no control over these chargebacks or disputes, in whatsoever form, the Creator payout relating to such transactions shall be withheld by the platform until the amounts are unconditionally cleared by the clearing banks and payment gateways.
Creator shall not hold MemberWire or any of its representatives responsible for such withholding of the amounts.
27 Risk Transaction Policy
MemberWire holds all its clients and Creators in very high esteem. To ensure smooth functioning of the platform and a seamless experience for both Customers and Creators, we have an internal team that keeps a tab on all the transactions.
If any of the transactions are identified as suspicious or risky by the internal risk team, in any manner possible, MemberWire shall be eligible to classify these transactions into ‘Suspense Account’.
The kind of transactions that may fall into this category include: Credit Card/UPI/Payment Wallet/Debit Card or other payment method wherein the details of the Customer do not match to the payment method used for the transaction. Also, wherein a high spender on the platform spends a considerable amount only on one or a particular set of Creator/s.
On any transactions being identified as ‘Risk Transactions’, neither the Customer; nor the Creator shall get credit for such purchases into their respective accounts till such time these entries are cleared by the Banking channels through which the transactions are done. The holdback for such Risk Transactions could range from 90 days to 180 days depending on the banking channel/partner used for the Transactions and MemberWire holds no role to play in these timelines.
18 U.S.C 2257 Record-Keeping Requirements Compliance Statement
In compliance with the Federal Labeling and Record-Keeping Law (also known as 18 U.S.C. 2257), all Creators/Influencers located within our domain were 18 years of age or older during the time of photography. All Influencers/Creators' proof of age is held by the custodian of records, which is listed below, organized by the producer. All content and images are in full compliance with the requirements of 18 U.S.C. 2257 and associated regulations.
Incase you are not satisfied with the support desk, you are welcome to write your suggestions to our grievance cell on email@example.com
Razr Tech S.A.R.L-S
9 Avenue des Hauts-Fourneaux
Database Administrator - firstname.lastname@example.org
Last Updated : 1 August 2021