Welcome to Flex4Me
- Welcome to Flex4Me. In this document, when we say ‘we’, ‘us’ or ‘Flex4Me’we’re referring to our business. We own and run Flex4Me.
- Flex4Me site connects muscle fans with bodybuilders around the world. Flex4Me is a platform that allows fans to buy digital items like videos, photos and more.
How browsing works
- Browsing: You need to be 18 years or over to browse the Flex4Me site. We don’t knowingly collect any information from anyone aged 18 or under. When browsing the site, you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our Flex4Me site whether or not you’re a member.
How buying items works
This section will help you understand what you are buying when you purchase an item and how that transaction takes place on Flex4Me.
- What you’re buying:
- Download access: When you buy an item, you acquire the right to download and view that item; you’re not actually acquiring the item itself. What you get includes permission to view the item from the Flex4Me. You are not allowed to re-post an item anywhere or share it with anyone.
- Custom request: Fans can pay performers for custom content. Custom requests are private transactions between a fan and a performer. We offer no protection or guarantees that a custom request will be fulfilled by a performer.
- Donation: Fans may send cash donations to a performer. When you send a donation, you acknowledge that you will not receive any item, product or service in return.
- The total price for an item on Flex4Me is made up of:
- Item price: The amount that you’re paying the performer for the item.
- Selling fee: This is the fee we charge for making our services available.
- Payment fee: This is the amount charged by our payment provider to handle the transaction.
- Taxes: Some transactions on Flex4Me may be subject to tax that may be added to the price.
- The list price (the price you see on one of our website) is made up of the item price, selling fee and payment fee. Any taxes are added in your shopping cart and displayed before you check out.
Transacting as a buyer:
- When you buy an item from Flex4Me , you will be redirected to a payment provider to complete the transaction. In some cases, you may be able to choose which payment provider you use.
- Currency conversion costs: You are responsible for all costs of currency conversion relating to a transaction on Flex4Me. Your financial institution or our payment providers does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
This means that you may incur additional costs when purchasing from Flex4Me, which we have no control over.
- Terms of buying: When you buy a Flex4Me item you’re doing so on the following terms:
- you warrant to Flex4Me and the performer that you have carefully considered the suitability of your chosen item, and that you have chosen appropriately;
- you cannot cancel a completed purchase of an item;
- Flex4Me and the performers do not promise that any item will continue to be available on the Flex4Me, so you should download and save the item as soon as you buy it;
- once you buy or download an item and the item has been paid for, you acquire the right to download, view or access the item as described in the product description you read before the purchase
- Flex4Me retains ownership of the item;
- your relevant details may be provided to Flex4Me to facilitate the transaction, for example for invoicing and item support services;
- transaction limits may apply across the Flex4Me (such as total or daily limits); and
- Flex4Me has the right to enforce against you any unauthorised sharing or use of the item that you have acquired from a performer.
It is important that you understand the terms on which you are making a purchase. Please take the time to review this section carefully.
- Warranties we make:
- We warrant that the Flex4Me will be suitable for the purposes described on the site, and that we will provide our platform services with reasonable skill and care.
- We otherwise do not make any express or implied warranties about the Flex4Me (or any items on Flex4Me).
- Warranties performers make: The performer warrants to you that:
- the item is of acceptable quality and fit for the purpose for which it is ‘sold’;
- the item matches the description given on the item preview page, as well as any item or video preview;
- your use or access of that item in accordance with these terms does not infringe the intellectual property rights of someone else;
- the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
- the item and its description do not violate any applicable law or regulation;
- the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
This is what performers are promising you when you buy an item.
- Taxes: Prices, fees and charges are otherwise inclusive of other applicable taxes unless stated otherwise on our site. You are responsible for paying all such taxes and imposts associated with your use of Flex4Me wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).
- Items with an incorrect price or incorrect information: Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and you must not use the item unless you re-purchase it at the correct price.
- Given the nature of digital content, a refund or credit on a purchase is not granted unless one of the warranties given by the performer and/or Flex4Me has been breached, or a refund is required under the Flex4Me Refund Rules or EU consumer law or other relevant consumer protection laws.
- We will assess refund or credit requests on their merits, considering the digital nature of Flex4Me items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund or credit in situations like the following:
- you have changed your mind about an item;
- you bought an item by mistake;
- you do not have sufficient expertise or equipment to view, use or access the item;
- you ask for goodwill; or
- you can no longer access the item because it has been removed (Flex4Me advises you to download items as soon as you buy them to avoid this situation).
- If the performer or Flex4Me decide to issue a refund or credit, this will generally be done using the same manner used to make the purchase. Any payment made to you will be made in Euro, under the rules of the payment method.
- Our status: Flex4Me is not a bank or licensed deposit taker in the EU or elsewhere. Flex4Me doesn’t act as a fiduciary or as a trustee for you, and is not a licensed financial service provider.
Becoming a performer
- If you want to get involved in our community as a performer find out how by emaling us at email@example.com. Remember that if you become a performer, these terms will continue to apply, along with the Performer Terms you’ll sign up to as a performer.
- What we own: Flex4Me owns all the content that we have put on Flex4Me (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Flex4Me, and copyright, trademarks, designs and other intellectual property on Flex4Me. We own all the trademarks, logos, service marks and trade names on Flex4Me (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Flex4Me Content or use any of our intellectual property in any way not expressly stated in these terms.
- Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others and we require that performers do the same. If you believe that an item or member content infringes an intellectual property right (including copyright) please contact us at firstname.lastname@example.org
- Model and property releases: Items are available for private use only.
Our use of your information
- Confidential Information: Flex4Me values your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we can’t promise that your use of Flex4Me will be confidential, and we can’t promise that any information you provide to us is perfectly secure. While using the Flex4Me, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through Flex4Me to any other person.
- Prohibited Conduct: We strongly recommend that fans do not make their contact details public. If you do, you do so at your risk!
- Content removal: We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice, if we think that the content is unauthorised, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the Flex4Me and any content might result in liability to us or anyone else. See our Acceptable Use Policy for further details.
Reviews, comments and use of other interactive areas
- Rights to use your submissions: We appreciate hearing from you. Please be aware that by submitting content to us by electronic mail, posting on our website or otherwise, including any video reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to:
- use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised;
- use the name that you submit in connection with such Submission. You acknowledge that we may choose to provide attribution of your comments or reviews at our discretion.
- pursue at law any person or entity that violates your or our rights in the Submissions by a breach of this Agreement.
You acknowledge and agree that Submissions are non-confidential and non-proprietary.
Liability and indemnity – between us and you
- We provide the Flex4Me site and the items on the Flex4Me website.
- You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of Flex4Me.
- If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:
- the items on Flex4Me;
- information provided by performers about their items (including on any item page); and
- your use of items from Flex4Me.
- Our liability to you in connection with Flex4Me or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
- we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and;
- our total liability to you is limited to the greater of EUR50 and the total buyer fees paid by you in the one calendar month before liability accrued.
These sections mean that you protect us from costs and claims that happen because of your actions on the site, and that our liability to you is limited.
We may, at our expense, assume the exclusive defence and control of any matter you indemnify us against, and if so you agree to cooperate with us.
Liability and indemnity – between performers and fans
- Each performer grants to each buyer of the performer’s items a limited indemnity on the following terms:
- if another person makes a claim against a buyer that the buyer’s use of the item in accordance with the terms of the applicable license infringes the intellectual property or other rights of that third party; and
- if that buyer promptly notifies the performer of the claim and gives the performer the option to control the defence of the claim (at the performer’s cost), then the performer will indemnify the buyer against damages finally awarded by a court against the buyer or any settlement damages agreed to by the performer regarding that claim.
- The liability of each performer to their buyers is otherwise limited, for each item purchased, to the performer’s earnings from the payment for that item, except to the extent that the performer’s liability arises from wilful misrepresentations made about the item.
This means that the performer’s liability to fans is limited.
- Availability: We strive to have the Flex4Me available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access Flex4Me, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how Flex4Me works. Flex4Me will not be liable to you for any loss you suffer as a result of these things.
- Consumer laws: In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees‘). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we and performers are bound only by the express warranties made in these terms. Our and each performer’s liability for breach of a non-excludable consumer guarantee is limited, at our or the performer’s option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).
- Blocking a member or refusing to process a payment. We may block you or refuse to process a payment for any reason, without notice or explanation. Examples of where we might do this include transactions where we suspect the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or the EU Parliament); or where we reasonably believe there is a legal or regulatory risk, or a risk of loss being suffered by us or our members. You warrant that you are not located in a sanctioned country and are not on a sanctioned persons list. You also warrant that you will not purchase items on Flex4Me using funds sourced from a sanctioned country. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as a performer. We may take any of the actions stated in this section without notice and against your account. If required by law, we may forfeit existing deposits or earnings.
- Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor we can bind each other in any way. We are, however, an agent of the performers only for the limited purposes of collecting payments, the performers’ providing warranties to fans, to limit performers’ liability to buyers, and the disclaimer of performers’ liability to buyers in Consumer laws.
- Notices: Any notice you send us must be submitted via email to email@example.com. Any notice we send to you will be emailed to your email address on file.
- Changes Flex4Me Terms: We may change these terms at any time. You can keep track of whether changes have been made to our terms by referring to the effective date at the footer of the terms. You can terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use Flex4Me after the changes are made, then you will be agreeing to the changes.
- Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
- Applicable Laws: We control and operate Flex4Me from our offices in Romania. The laws of Romania govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.
- The Company operating Flex4Me operates under the name Train My Pet SRL, registred at str. Melodiei 2, sat Lunca Cetatuii, jud.iasi, Commerce Registration no.37373483.
- Performer: a member who makes items available for sale on Flex4Me Buyer: a person who ‘buys’ items on Flex4Me.
- Flex4Me content: is all the content that we have put on the Flex4Me and includes the design, compilation, and look and feel of the Flex4Me, and copyright, trademarks, designs and other intellectual property on Flex4Me (unless otherwise stated and excluding content owned by others like performer content).
- EU Member State: the countries listed here: http://europa.eu/about-eu/countries/index_en.htm
- Payment fee: the fee buyers may pay when using a payment method.
- Selling fee: the fee we charge for making our services available.
- Item price: the price performers earn when an item is sold
- Items: digital goods found on the Flex4Me like videos or photos, and much more.
- List price: the price you see on an item page on Flex4Me, which is made up of the item price, payment fee and selling fee
- Payment method: any payment agent or method we make available on the Flex4Me.
- Total price: the price the buyer will pay in total, which consists of the item price, our selling fee, our payment provider’s payment fee and any taxes that may be added.