Viewer Terms

Terms of use Viewer
Last updated: Feb 22, 2023

Welcome to felen.io (together with its subdomains and Content, the “Site”).

The Site is a service that allows you, the Viewer, to transfer tips or donations ("Tips") to Authors - natural persons, in the age of maturity, who create video content on different thematics (in any case not forbidden by law or these Terms) and seek to monetize such content. Our service also features a variety of tools and widgets that can utilize various data from our services and data from authorized third parties.

The Site together with a collection of helpful widgets and other features for customizing, optimizing, and monetizing the live streams are collectively referred to as the “Services”.

By accessing or using the Services, you expressly acknowledge and agree that you are entering a legal agreement with PE Pashchenko L. I, and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (the "Terms"). If you do not agree to be bound by these Terms please do not access or use the Services.

These Terms shall be read alongside with the Terms of Service for Authors accessible at https://www.felen.io/site/terms. All terms not defined herein shall be read as defined in the Terms of Service for Authors.

Any new features or tools which are added to the service shall also be subject to the Terms. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective five (5) days following posting of the revised Terms on the Site, and your continued use of the Services thereafter means that you accept those changes.

Scope of Services

The Service is not intended to be used by individuals under the age of 18. You hereby represent and warrant to us that you meet the foregoing qualification. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Service.

For such time as these Terms are in effect, we hereby grant you permission to visit and use the Services provided that you comply with these Terms and applicable law.

We allow you to send tips (also referred to as “donations”) through various third-party payment processors. We reserve the right to add or remove support for these third-party payment processors at any time. We reserve the right to impose limits on the number of transactions you can send through our Service. When sending tips, the recipient is not required to accept or acknowledge them. You agree that you will not hold us liable for any unclaimed or unacknowledged tips.

By sending a donation to the recipient, you agree that the card is your own and authorize us to charge each tip transaction in full. This charge is non-refundable, non-profitable, and/or exchangeable and cannot be withdrawn or charged back. You acknowledge that you are not receiving any goods/services in return for this tip.

Your privacy is important to us, and you acknowledge that you have read in full agreement to our Privacy Policy.

Content

Content - a live video broadcast, created by our Authors or our Partners (Partners are professional content makers. Author may be considered as the Partner after sharing respective procedures regarding Intellectual Property Rights, conduct and compliance. Relations with Partners and their content is subject to separate legal agreements) in full compliance with applicable laws and the terms and conditions of the respective sharing platform and intended for entertainment purposes only.

You acknowledge that all the Content, excluding any Viewer Content (as defined below)) is proprietary of respective rightfull owners (Authors, Partners or Us).

Except as expressly specified in these Terms (a) we do not participate in any communications between Authors and Viewers, (b) Viewers are alone responsible for their Viewer Content (all content created/downloaded by Viewers through the Services), (c) we are not and do not become a party in any contractual relationship between Author and Viewer, nor is an insurer, (d) we are not acting as an agent in any capacity for Author and Viewer except as expressly set forth in the Terms of Service for Authors herein.

Code of conduct

You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Services. In connection with your use of the Services, you will not and will not assist or enable others to:

Use the Services for any purposes except to access the Services and use it in accordance herewith;
Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in these Terms;
Post, upload, or distribute any defamatory, libelous, or inaccurate Content;
Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Services, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;
Harvest or collect the email addresses or other contact information of other users from the Services for the purpose of sending spam or other commercial messages;
Use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
Defame, harass, abuse, threaten or defraud users of the Services, or collect, or attempt to collect, personal information about users or third parties without their consent;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services or Content, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services or Content;
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your country of residence;
Modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
Intentionally interfere with or damage operation of the Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
Relay email from a third party's mail servers without the permission of that third party;
Use any robot, spider, scraper, crawler or other automated means to access the Services for any purpose or bypass any measures we may use to prevent or restrict access to the Services;
Manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
Use the Services in any manner 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 in any manner;
Use or attempt to use another user's account without authorization from that user;
Attempt to access any service or area of the Services that you are not authorized to access; or
Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose.

Further, BY USING THE SERVICES, INCLUDING YOU AGREE NOT TO post, upload to, transmit, distribute, store, create or otherwise publish through the Services or use in relation to Services any of the following:

Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law or regulation;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Services, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files and content that, in our judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Services, or which may expose us or our users to any harm or liability.

If you feel that any person you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Term and Termination, Suspension and other Measures

This Agreement shall be effective from the moment you first use any features of the Services and shall last until terminated in accordance herewith.

You may terminate this Agreement by stopping access to the Services.

Without limiting your rights specified below, we may terminate this Agreement for convenience at any time by notifying you via email or by any other means.

We may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms or other related documents, (ii) you have violated applicable laws, regulations or third party rights, or (iii) we believe in good faith that such action is reasonably necessary to protect our personal safety or property, Authors or Viewers, or third parties (for example in the case of fraudulent behavior).

In addition, we may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms or related documents, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the account registration or thereafter, (iv) you and/or your Content at any time fail to meet any applicable quality or eligibility criteria, (v) we have received complaints about your performance or conduct, or (vi) we believe in good faith that such action is reasonably necessary to protect our or or third parties’ personal safety or property, or to prevent fraud or other illegal activity

refuse to delete or delay any Content;
limit your access to or use of the Services.

Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SERVICES AND RESPECTIVE FEATURES AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING; (B) WE AND OUR AFFILIATES, PARTNERS, AND SUPPLIERS (‘’OUR PARTIES") DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) WE DO NOT REPRESENT OR WARRANT THAT INFORMATION, CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE TERM "WE" INCLUDES COMPANY'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

NOTWITHSTANDING OUR APPOINTMENT AS THE COMMERCIAL BILL COLLECTION AGENT OF THE AUTHOR AS SPECIFIED HEREIN, WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY AUTHOR OR OTHER THIRD PARTY. WE DO NOT HAVE ANY DUTIES OR OBLIGATIONS AS AGENT FOR EACH AUTHOR EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THESE TERMS, AND ANY ADDITIONAL DUTIES OR OBLIGATIONS AS MAY BE IMPLIED BY LAW ARE EXPRESSLY EXCLUDED.

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THEREFORE, USERS AKNOWLEDGE THAT SERVICES MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. WE WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE CONTINUOUS OPERATION OF THE SERVICES, ACCORDINGLY USERS AKNOWLEDGE THAT THE SERVICES ARE NOT ERROR-FREE AND MAY BE INTERRUPTED.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT. WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ACCURACY, RELEVANCE, SAFETY, FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, LEGALITY AND/OR RELIABILITY OF INFORMATION, DATA, MATERIALS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH PAID FEATURES, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHOULD USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE ARROPRIATE.

Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL WE OR OUR PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE OUR LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED 100 EURO AMOUNT.

Indemnification

You agree to indemnify, defend, and hold harmless us and our Parties from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your breaches, or any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. The foregoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or Content.

Applicable Law

This Agreement shall be governed and construed by the laws of the Ukraine. All disputes arising in connection with this Agreement are subject to mandatory pre-trial settlement by the Parties, and in case of failure to reach an agreement during the pre-trial settlement of the dispute – in the court having jurisdiction at the location of the company.

You agree to arbitrate any dispute arising from these Terms of Service or your use of Services.

ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

You agree to notify Administrator in writing of any dispute within thirty (30) days of when it arises.

You further agree: to attempt informal resolution prior to any demand for arbitration;

that any arbitration will occur in Ukraine courts as per juris;

Any dispute, controversy or claim arising out of or relating to this contract, including but not limited to the formation, performance, breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Arbitration Rules. The parties further agree that:

(a) The appointing authority shall be the CEDRAC Court.

(b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of CEDRAC;

(d) The language to be used in the arbitral proceedings shall be English.

and that CEDRAC has exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration.

Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court.

Any dispute between the parties will be governed by this Agreement and the laws of Ukraine and applicable law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you will not commence a class action, class arbitration, or other representative action or proceeding.