Terms of Services
Last edit: 07 February 2016
We’re delighted you’ve decided to use our products and services, all of which simply call the “Services”. We’re dedicated to help people connect and realize their fantasies online in a secure, anonymous and transparent way. That’s why we’ve stripped these Terms of Service (which we refer to as the “Terms”) from the typical legalese as much as possible.
Yet, there are still places where these Terms read like a traditional contract and there are good reasons for that:
- these Terms do indeed form a legally binding contract between you (“you”) and Brisk Partners (referred as “BP”, “us”);
- we are working in a very sensitive industry and have to protect ourselves in case of unlawful behaviors from our users.
So please read the Terms carefully, and should you have any difficulties to understand parts of it, issues or concerns please feel free to contact us (our explanations cannot be considered legal advice in any case though).
By using the Services, you agree to the Terms. Of course, if you don’t agree with them, then don’t use the Services - and feel free to let us know why.
IndieBill is a marketplace for people to purchase sexy contents in a fast, secure, reliable and anonymous way. We provide our services to people willing to sell contents and services (the “sellers”) and to people willing to buy contents from sellers (the “customers”, “you”).
These Terms have been written for customers, sellers are subject to another specific agreement.
1. Who Can Use the Services
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.
By using the Services, you state that:
- You are eighteen (18) years of age or older
- You can form a binding contract with Brisk Partners
- You will comply with these Terms 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.
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 to agree to these Terms on behalf of the business or entity.
2. Your Content
Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with.
But you grant Brisk Partners a worldwide, royalty-free, nonexclusive, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, create derivative works from, publicly perform, broadcast, distribute, syndicate, promote, exhibit, and publicly display that content in any form and in any and all media or distribution methods (now known or later developed) for the duration of the intellectual property rights on this content. 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 the other consumers and sellers, as well as our business partners for syndication, broadcast, distribution, or publication outside the Services.
We may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. Nevertheless, you remain responsible for the content you create, post, store, or send through the Services.
We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.
3. The Content of Others
Most of the content on our Services is produced by users, models, and other third parties, who post it publicly or send it privately. Although BP reserves the right to review all content that appears on the Services and to remove any content that violates these Terms, we do not necessarily review all of it.
Through these Terms and our Community Guidelines, we make clear that we do not want the Services put to bad and/or unlawful uses.
If you notice contents which you believe are not conform to these Terms, please contact us promptly by emailing us at email@example.com and by providing us the exact URL of the litigious content or the content itself with the seller details.
4. Accessing Contents from Sellers
Only persons which identity and age have been verified can sell contents through our Services. If you are interested in becoming a seller, please visit www.getindiebill.com.
Sellers are provided with tools and features which allows them to host contents on our services and create accesses under specific conditions to those contents (“access conditions”). Access conditions may feature various criteria, such as paying a specific price. You may only access a content if you are satisfying the access conditions.
Whenever a seller creates access conditions, he is granted an URL which he may share with you in different ways. For example, the seller may send you a link via direct message or put a button on his website.
When you click an access conditions URL, you will be redirected to www.getindiebill.com and you will be displayed the access conditions as well as some information about the content which it gives access to. If you already satisfies to the access conditions, you will be redirected to the content automatically.
Once you access a content, you will be able to download it. We may also provide other ways of enjoying the content, such as streaming. Be sure to scan contents for malware and viruses while our Services. We are not responsible for any damages that occur to your system from contents transferred through our system, provided the damage does not result from an inexecution of our obligations under these Terms.
Sharing personal information, such as credit card information, passwords, address, will never be part of access conditions and report to us any suspicious access conditions.
5. Purchasing Contents
In order to purchase digital contents via our Services, you expressly renounce to your 14 days withdrawal right and agree to the immediate delivery of the content purchased. This is in accordance with the EU directive’s exception regarding the delivery of digital products without a material support as well as with the article L121-21-18 13° of the French Consumer code.
This allows us to deliver you your content right after purchase purchase instead of 14 days later.
Additionally, IndieBill charges a 0,95 US Dollar processing fee of each transaction in order to cover up the cost of processing the payment.
6. Your License
Brisk Partners gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by BP as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by BP, in the manner permitted by these Terms.
Whenever you purchase a content through our services though, the seller retains whatever intellectual property rights and personal right he had to begin with. By default you are only purchasing a private copy of the digital content which you may enjoy privately and shall not publicly reproduce or display. In particular, with your private copy you may not:
- Use it for other websites or commercial purposes;
- Share with others or post online;
- Re-sell or distribute the content whatsoever.
Nevertheless, we may provide you with the ability to purchase a license on-top of the private copy. In that case, you would effectively be granted the rights to use the content in ways pursuant to the corresponding license.
We may offer you the possibility to access online the contents you purchased through our services whenever you want, but please note that we are not a file sharing site and do not guarantee that your contents will actually be accessible from our site indefinitely after purchase. When you purchase contents, it is your responsibility to download and store them in a secure location so you may enjoy them indefinitely.
6. Your Account
You are responsible for any activity that occurs in your account. So it’s important that you keep your account secure, for example by choosing a strong password that you do not use for any other account.
By using the Services, you agree that:
- You will not create more than one 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; and
- You will not, under any circumstances, allow anyone else to access your account, nor share any login information, passwords, data or account information with anyone else.
If you think that someone has gained access to your account, please immediately reach out to us at firstname.lastname@example.org.
7. Refund Policy
We remind you that IndieBill is a marketplace, hence we have no direct or indirect control over the sellers and the quality of their services. We manage technical issues, but you and the seller are to discuss the quality of the content together, hence we encourage customers and sellers to resolve conflicts themselves.
Of course, if you are not finding an agreement with the seller you may always contact us at email@example.com and we will arbitrate the transaction and possibly refund you. A transaction will be only be arbitrated once.
We make the distinction between two main cases:
- The content provided by the seller cannot be properly used (for example due to an extremely low video quality), in that case we will refund you.
- The content provided by the seller is not to your liking (for example because there are some variations with your original script or the sound is not as good as you expected) but is coherent with the offer, in that case we will not proceed to a refund.
We try very hard to keep our Services a safe place for all users, and keep any under-age person afar from them. But something bad may always slip through. That’s why we need your help to ensure best efforts are deployed. By using the Services, you agree that:
- You will not use the Services for any purpose that is illegal or prohibited in these Terms;
- You will not make the Services known to any under-age person;
- You will not use any robot, spider, crawler, scraper, or other automated means to interface to access the Services or extract other user’s information;
- You will not use or develop any third-party application that interact with other users’ content or the Services without our written consent;
- You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
- You will not submit content that is indicated as forbidden in these terms, nor graphic violence, threats, hate speech, or incitements to violence;
- You will not upload viruses or other malicious code or otherwise compromise the security if the Services;
- You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
- You will not probe, scan, or test the vulnerability of our Services or any system or networks; and
- You will not encourage or promote any activity that violates these Terms.
9. Forbidden Contents
Some contents are prohibited on our Services and you may not encourage sellers to post, sell or distribute those:
- any presentation or representation of minors engaged in intimate physical conduct or sexual situations, including but not limited to lewd nude depictions, masturbation or sexual conduct, actual or depicted;
- any portrayal of any performer that suggests or implies that the performer is under the age of eighteen (18);
- content that involves, both actual and simulated, bestiality, extreme violence, incest, urination/defecation (golden/brown showers or enemas), rape, mutilation, necrophilia, animal abuse.
You can find further information regarding prohibited contents in the Community Guidelines. Soliciting prohibited contents may result in your account being terminated and may lead to a criminal investigation.
11. 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. Brisk Partners is not responsible or liable for those third party’s terms or actions taken under the third party’s terms.
12. Respecting Other People’s Rights
IndieBill respects the rights of others and we expect the same from our users. You therefore may not post or send content that:
- violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right;
- bullies, harasses, or intimidates;
- defames; or
- spams or solicits IndieBill’s users
You must also respect our rights. Besides your strictly personal use, these Terms do not grant you any right to use branding, logos, designs, photographs, videos, or any other materials used in our Services. Nor may you reproduce, distribute, syndicate, broadcast, perform, or display any portion of the Services except as set forth in these Terms.
13. Respecting Copyright
Although we are based in France, and not the USA, we do our best to honor the requirements set forth in the Digital Millennium Copyright Act (DMCA). Therefore we take reasonable steps to briskly remove from our Services any infringing material that we become aware of. And if we become aware that one of our users, seller or customer, has repeatedly infringed copyrights, we will terminate its account.
Indeed, we also comply with the French Intellectual Property Code provisions.
If you suspect a copyright infringement, please contact us directly at firstname.lastname@example.org and provide the URL of the litigious content along with the seller’s username.
14. Modifying the Services and Termination
We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features or functionalities, and we may also 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 (for as long as we do not modify these Terms).
While we hope you remain a lifelong customer, you can terminate these Terms at any time and for any reason by sending us an email to email@example.com.
Brisk Partners may also terminate these Terms with you at any time, for any reason, with or without cause, by providing you with a 5 days 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. In this latest case, should you not agree to the new conditions, you will be able to terminate your account.
Regardless of who terminates these Terms, both you and Brisk Partners continue to be bound by Sections 3, 4, 9, 14.
You agree to indemnify, defend, and hold harmless Brisk Partner, 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 or arising out of: (a) your fault in the access to or use of the Services; and (b) your breach of these Terms. If you are agreeing to these Terms on behalf of a business or other entity, this indemnity obligation applies to that business or other entity.
We try to keep the Services up and running a hundred percent of the time, free of annoyances. But zero risk does not exist and hence we cannot promise that we will succeed.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY ADDITIONAL WARRANTIES TO THE WARRANTIES CONSTITUTED BY LAW, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN ADDITION, WHILE BRISK PARTNERS 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 BRISK PARTNERS CONTENT, USER CONTENT, OR INFORMATION OBTAINED ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE. BRISK PARTNERS IS PROVIDING ITS BEST EFFORTS BUT MAY NOT BE HELD LIABLE FOR ANY OF THE ABOVE FOR AS LONG AS IT IS PERFORMING ITS OBLIGATIONS PURSUANT TO THESE TERMS.
BRISK PARTNERS TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT 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 BRISK PARTNERS WILL BE RESPONSIBLE FOR.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRISK PARTNERS AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR POSTS, EXCEPT IF THE DAMAGE RESULTS FROM A FAULT AND/OR THE NON-PERFORMANCE BY BP OF ITS OBLIGATIONS UNDER THE PRESENT TERMS.
We act as an intermediary between you and the sellers and we strive to offer the most secure and transparent intermediation services as possible for both parties.
Each digital content referenced on our sites have been uploaded by the corresponding seller who also chooses the access conditions which must be satisfied in order to access to the content. In particular, prices are set by sellers. Yet we may modify prices under certain specific circumstances:
- in order to offer you the possibility to purchase the content in another currency;
- if we have to apply VAT (Value Added Tax), depending on your country of residence;
- if the seller has opted for auto-adjusting of the prices of its contents, for example by rounding up to the closest integer.
Sellers’ earnings per sale consists in 85% of the duty free price (before VAT is applied, if applicable). The remaining 15% and 0,95 US Dollars represents our remuneration for the Services provided (mainly hosting of the site, payment processing, content delivery & cloud access as well as support).
IndieBill is proud to say it has drastically reduced its vendor cut compared to other adult sites, effectely having adult performers get 85% of your spendings instead of about 60 - 70% generally.
19. Governing Law
The laws of France will govern all disputes between you and Brisk Partners.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
21. Final Terms
These Terms make up the entire agreement between you and Brisk Partners, and supersede any prior agreements.
These Terms do not create or confer any third-party beneficiary rights.
If we do not enforce a provision in these Terms, it will not be considered a waiver.
We reserve all rights not expressly granted to you.
You may serve us official notices by sending emails to firstname.lastname@example.org.
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 you to access the Services until acceptation of the notice.
All notices shall be legally binding upon express acceptation.
We very much welcome comments, questions, concerns and suggestions. Please feel free to send us any feedback at email@example.com.