Terms Of Use - Privacy Policy

STANDARD CONTRACT BETWEEN models AND CREATOR

The terms and conditions of use mentioned herein shall apply to this website befmodels.com and its associated applications. It is clarified that the Terms of Use shall also apply to the use of the Content and/or the Services by the User.

The terms and conditions stated herein, along with the applicable policies and guidelines located throughout the Websites (collectively herein the "Terms of Use") identify what you, as a user of the Websites ("you" or "User") can expect from the Company, and/or persons who provide products or services to the Company either directly or through the Company ("Company Service Providers") or the Websites and/or the Services and what the Company in turn expects from Users.

By subscribing to or using any of the company's services including the use of the content and/or the products, accessing any area on the websites, browsing, using, framing and / or linking to the websites, you are expressly agreeing to comply with and be bound by the terms of use, including the privacy policy, as well as all applicable laws and regulations without any limitation or qualification. If you do not agree to be bound by the terms of use and to follow all applicable laws, you should leave and cease use of the websites immediately. The terms of use set out on the websites are binding as per the provisions of the information technology act of 2000 and rules/ regulations prescribed thereunder. You are also expressly agreeing to using the websites knowing fully that it is work under progress and may at places be lacking in security/usability/privacy features as per industry standards.

GENERAL TERMS OF USE

1. Introduction:
   Standard Contract between models and Creator ("this agreement") sets out the terms which govern each transaction between a models and a Creator on BEF Models.
2. When does this agreement apply?
   Each time a models/Creator Transaction is initiated on BEFModels, this Standard Contract between models and Creator will apply to the exclusion of any other terms which the models or Creator may propose, and this Standard Contract between models and Creator will legally bind the models and Creator participating in the models/Creator Transaction.

3. Parties:
   The only parties to this agreement are the models and Creator participating in the models/Creator Transaction.

4. Interpretation:
   In this agreement, defined terms have the following meanings:

   • "BEFModels" means the website accessed via the URL www.befmodels.com or via any web browser;
   • "Content" means any material uploaded to BEFModels by any User (whether a Creator or a models), 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 BEFModels account as a Creator account to post Content on BEFModels to be viewed by other Users;
   • Models" means a User who follows a Creator and is able to view the Creator's Content;
   • "Referring User" means a User who participates in the BEFModels Referral Program;
   • "Models/Creator Transaction" means any transaction between a models and a Creator on BEFModels by which access is granted to the Creator's Content, including in any of the following ways: (i) a Subscription, (ii) payments made by a models to view a Creator's pay-per-view Content (pay-per-view media and pay-per-view live stream), and (iii) payments made by a models to use the models interaction function on a Creator's account;
   • "Models Payment" means (i) any and all payments made by a models in respect of any models/Creator Transaction, and (ii) any and all tips;
   • "FIL Fee" means the fee charged to Creators.
   • "Subscription" means a models's subscription to a Creator's account;
   • "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.
   • Pricing and payment: By entering into a models/Creator Transaction, the models agrees to pay the models Payment applicable to the relevant models/Creator Transaction in accordance with the pricing published in the Creator's account plus any TAX which is applicable. The models and Creator participating in the models/Creator Transaction authorize Mangalganga Ventures pvt ltd or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the models Payment and any applicable TAX, to deduct the FIL Fee, and to pay out the sums due to Creators and (if applicable) Referring Users, as described in the BEFModels Terms of Service.

5. License of Content:
   Once the models has made the models Payment for a models/Creator Transaction, the Creator grants to the models a limited license to access the applicable Content of that Creator to which the models/Creator Transaction relates (the "Relevant Content"). This license is non-transferable, non-sublicensable and non-exclusive, and permits the models to access and view the Relevant Content on the models's personal device and via a normal web browser (and to make a temporary copy of such Content only to the extent that this is an incidental and technical process forming part of the models's accessing the Content (i.e. caching)), in accordance with the BEFModels Acceptable Use Policy.
6. Ownership of Content:
   The models participating in the models/Creator Transaction acknowledges and agrees that the license of the Relevant Content provided in section 6 of this agreement does not result in the models acquiring any rights in or to the Relevant Content, which rights shall be retained by the Creator of the Relevant Content.
7. Expiry of license: The license granted to a models in relation to the Relevant Content will expire automatically without notice in the following circumstances:
   
   • If the models Payment related to the models/Creator Transaction was unsuccessful, or is charged back or reversed for any reason;
   • In respect of pay-per-view Content, once the models has completed viewing the Content;
   • In respect of Subscriptions, at the end of the subscription period, unless the Subscription is configured to automatically renew as described in section 8(h) of the BEFModels Terms of Use for models.
   • If the models's User account is suspended or terminated for any reason;
   • If the models acts in breach of the BEFModels Acceptable Use Policy (whether in relation to the Relevant Content or at all);
   • If the Content is removed from the Creator's account;
   • If the models closes their BEFModels User account.
8. Cancellation and refunds: In respect of every models/Creator Transaction:
   
   • The models acknowledges that the models/Creator Transaction will result in a supply of the relevant Content to the models before the end of the period of 30 days from the date when the models/Creator Transaction is entered into, and the models gives his or her express consent to this and confirms to the Creator that he or she is aware that any statutory right to cancel the models/Creator Transaction which the models has under the Consumer Rights Act 2015 or any other applicable law will therefore be lost.
   • No Cancellation or Refund is allowed.
9. Obligations between Creator and models: In respect of every models/Creator Transaction:
   
   • The models and the Creator participating in the models/Creator Transaction agree to comply at all times with the BEFModels Acceptable Use Policy in relation to the Relevant Content, including when accessing, viewing and interacting with it.
   • The models participating in the models/Creator Transaction agrees to make the models Payment required to access, view or interact with the Relevant Content, and agrees not to initiate a chargeback other than if the models disputes the models/Creator Transaction in good faith.
   • The Creator participating in the models/Creator Transaction agrees to make the Relevant Content available to the models once the models has made the models Payment applicable to the Relevant Content.
   • The Creator warrants (makes a legally enforceable promise) that it possesses all necessary rights in and to the Relevant Content sufficient to license it to the models in the territory in which the models will be accessing the Relevant Content, and has obtained any and all permissions and consents needed to grant the license in section 6 of this agreement.
   • The Creator is solely responsible for creating and uploading the Relevant Content. The Creator provides no guarantees that it will continue to create and upload Relevant Content on an ongoing basis.
   • Unless there has been negligence or other breach of duty by the Creator, the accessing by the models of the Creator's Content is entirely at the models's own risk.
10. No guarantees: The models participating in the models/Creator Transaction acknowledges that Creators may add and remove Content at any time from their Creator account, and that Creators have the discretion to decide what sort of Content to make available on their account. In addition, the models participating in the models/Creator Transaction acknowledges that there may be circumstances where it is not possible for the models to access to Relevant Content to be provided under the models/Creator Transaction, including:
    
    • If the Creator's account is suspended or deleted;
    • If the models's account is suspended or deleted;
    • If the availability of all or any part of BEFModels site is suspended or inaccessible;
    • If the Creator is unable to create or upload Relevant Content in the future.
11. Terms relating to disputes:
    
    • The models will be able to rely on mandatory rules of the law of the country where he or she lives.