Terms of Service

Welcome to Buzzkiki!

By using Buzzkiki you agree to these terms
These are Buzzkiki’s terms of use, and they apply to all users of the Buzzkiki platform. “We,” “our” or “us” refers to Buzzkiki Ltd ( Company number: 13004280 ) and our subsidiaries. “Buzzkiki” refers to this platform www.buzzkiki.com and the services offered by us.

By using Buzzkiki you agree to these terms and to the other policies we post. Please read them carefully and let us know if you have any questions. For information about our data practices, please see our Privacy Policy, including our Cookie Policy. We can collect and use your information in accordance with those policies.

Your account

By agreeing to these Terms of Service, you confirm that you are at least 13 years old. 

To register as a user of this site - as a Creator or Fan and be able to receive payouts and pay for subscriptions, you must be at least 18 years old or have your parent’s written permission sent to us prior or during the registration process, to be approved by us. You are responsible for your account and you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes.
You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us immediately if you believe your account has been compromised.

Abusive conduct
Be responsible and don’t violate our policies.
You are responsible for all activity on your account. If you violate our policies we may terminate your account.

Don’t do anything illegal, abusive towards others, or that abuses our site in a technical way. If you are a creator raising funds on Buzzkiki, we may be held accountable for what you do with those funds. As a result, we also look at what you do with your account off our platform.

About being a creator
A creator is someone who offers content to fans on Buzzkiki. There are a lot of details here involving payments, fees, taxes and restrictions that you should read in full if you are a creator.

Subscriptions
To become a creator simply register on Buzzkiki. Subscriptions are for your most passionate fans, giving them unique benefits such as exclusive content, merchandise and engaging experiences. In exchange, fans pay on a monthly subscription basis and one off tips.

Payments
As a creator you make your content available on Buzzkiki to your fans on a subscription basis. We also handle payments issues such as fraud, chargebacks and resolution of payments disputes.

We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We may also block or hold payments for violations of our policies or for compliance reasons, including collecting tax reporting information. When payments are delayed or blocked we try to communicate the reason to you promptly. If you have questions about a payments block, please reach out to us. In order to protect creators, we may block fans payments if we believe them to be fraudulent.

Sometimes activities like refunds can put your account balance into the negative. If your balance becomes negative then we reserve the right to recover those funds from future payments.

Fees
As a creator there are two fees associated with your account on Buzzkiki. The first is the platform fee, the second is the payment processing fee, which is dependent on the currency selected by the creator.
The payment processing fee in US Dollars is ?% plus ? per successful transaction.

Depending on your fans locations, some banks may charge your fan a foreign transaction fee for their membership subscription. Buzzkiki does not control this charge, but it is typically around 3.0% .

Tax
We collect VAT tax identification information and report this to VAT tax authorities as legally required. You are responsible for reporting any income or withholding taxes which may be due as a result of payments received.

We are additionally responsible for a number of transactional taxes across the world. These include but are not limited to VAT on payments for electronically supplied services to fans in the EU.
For the purpose of electronically-supplied services, creators make a supply of those services to us, and then we supply them to the fan. To learn more about how we handle transaction taxes, please check our VAT guide.

In locales where Buzzkiki is required to collect transaction tax from fans, subscriptions processed from fans will reflect the subscription amount including the applicable tax. Once settled, the tax amount will be automatically deducted for remittance to the applicable taxing authority. A record of the transaction tax portion of the pledge will be available on your earnings details page.

As a creator on our site, it is your responsibility to provide accurate information

Restrictions
We don’t allow creations and benefits that violate our policies. A summary of those rules is that we don’t allow:
Illegal creations or other benefits.
Creations or benefits that are abusive towards other people.
Creations or benefits that use others' intellectual property, unless you have written permission to use it, or your use is protected by fair use.
Creations or benefits with real people engaging in sexual acts.
Benefits that involve raffles or prizes based on chance.

As a creator you are also responsible for keeping fan data safe.
An account is tied to your creative output and cannot be sold or transferred for use by another creator.

About being a fan
A fan is someone who joins a creator’s page on Buzzkiki. Depending on the creator’s preference, you will be charged either a set amount per month or per creation. You can cancel your subscription at any time.
To become a fan simply create an account, add your preferred payment method and join a creator’s page!

There are two types of subscriptions. One is a monthly subscription where you pay per month. The second is a per creation tip where you pay per view of a creators posts in that month.

The timing and amount of each subscription depends on the creator you support. You can see the details as you join, as well as in the receipt sent to you after each successful payment. You can view all your active subscriptions and billing history on your account page.

You may cancel your subscription payments at any time.

For monthly or pay per view creation payments, canceling your support may result in your loss of access to a creator’s fan-only posts and benefits.
These include when you cancel your subscription, your payment method fails, the creator blocks you, or the creator deletes their account. We are not required to allow you to be a fan of any particular creator.

Creators subscriptions vary and we have limited control over the quality and specific offerings. We attempt to screen for fraudulent creator pages, but cannot guarantee the identity of creators or the validity of any claims they make. We appreciate your help reporting suspicious creator pages so we can keep Buzzkiki safe.

If you are located in the jurisdiction in which Buzzkiki is required to charge and collect tax (e.g. VAT or, sales tax), then this tax is included included the total charge. Buzzkiki remits all tax collected to the applicable taxing authority. As tax is largely dependant on your location, you are responsible for keeping your address complete and up to date.

Depending on your location, some banks may charge you a foreign transaction fee for your membership subscription. Buzzkiki does not control this charge, but it is typically around 3% . Please contact your bank for more information.

Refunds.
Our policy is No Refunds, although we may allow for some exceptions where refunds are granted in our sole discretion.

Buzzkiki’s role
We proactively look at some pages and posts on Buzzkiki and review reported pages to identify potential violations of our Terms of Use and Guidelines.
We proactively look at some pages and posts on Buzzkiki to make sure creators follow our Terms of use and Guidelines. We also investigate reports of potential violations. These investigations may take a while to resolve and may include looking at what is supported by funds received through Buzzkiki.

In most situations we will work with creators to resolve any potential violations and allow the creator to continue using Buzzkiki. Terminating accounts is done in only the most extreme cases.

Please let us know if you see potential violations of our Terms of Use or Guidelines.
 
We are constantly testing out new features with the goal of making Buzzkiki better. We may add or remove features, and often test features with a random subset of our users. If we believe a feature is significantly different from these terms, then we explain those differences in the test.

With your permission, we may give other websites or services the ability to verify information about your Buzzkiki account or perform actions on your behalf. This permission is asked for when you connect your Buzzkiki account to these other websites or services. You can learn more in our Privacy Policy.

Account deletion
You can delete your account in your account settings pages. We can disable your account at our discretion.
You can permanently delete your account at any time.

We can terminate or suspend your account at any time at our discretion. We can also cancel any subscriptions and remove any descriptions, posts or benefits at our discretion.
You may not bring a claim against us for suspending or terminating another person’s account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including legal fees and costs.

These terms remain in effect even if you no longer have an account.

Your creations
You keep complete ownership of all creations, but you give us permission to use them on Buzzkiki. Make sure you have permission to use creations that you offer on Buzzkiki.
You keep full ownership of all creations that you offer on Buzzkiki, but we need licenses from you to operate Buzzkiki effectively.

By posting creations on Buzzkiki you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your creation. The purpose of this license is strictly limited to allow us to provide and promote memberships to your fans. We will never try to steal your creations or use them in an exploitative way.

You may not post creations that infringe others' intellectual property or proprietary rights.
Fans may not use creations posted by creators in any way not authorized by the creator.

Your third-party apps
You may grant Buzzkiki permission to access third-party apps. You may also revoke that permission.
You may grant Buzzkiki access to your third-party accounts, such as Google, YouTube, Facebook, Instagram, Twitter etc, in order for some Buzzkiki features to operate. Each time you connect your third-party account, that third-party account will present a page that describes the information that Buzzkiki can access.

Buzzkiki’s creations
You can use our copyrights or trademarks to promote your Buzzkiki page, but can’t use them for anything else without our permission.
Our creations are protected by copyright, trademark and trade secret laws. Some examples of our creations are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your Buzzkiki page. You can learn more about the correct use of our logo in our Brand Guidelines.

You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our creations unless we give you permission in writing. Please ask if you have any questions.

Indemnity
If we are sued because of your use of or conduct on Buzzkiki, you have to help pay for it.
You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of Buzzkiki. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will help us in our defense.

Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

Warranty disclaimer
We do our best to make sure Buzzkiki works as expected, but Buzzkiki is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law.

The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third party service providers.

Limit of liability
If you lose money as a result of using Buzzkiki, any payment to you is limited to the amount of £100.
To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of Buzzkiki. To the extent permitted by law, our liability for damages is limited to £100. We are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements.

For this clause “we” and “our” is defined to include our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

Dispute resolution
If you have a problem please talk to us, but you are limited in how you can resolve disputes. You waive your right to trial by jury and your right to participate in a class action proceeding.
We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or related to your use of Buzzkiki, and it cannot be resolved after you talk with us, then it must be resolved by arbitration in the United Kingdom.  Judgment on the arbitration may be entered in any United Kingdom court with jurisdiction. Arbitrations may only take place on an individual basis. No class arbitrations or other other grouping of parties is allowed. By agreeing to these terms you are waiving your right to trial by jury or to participate in a class action or representative proceeding; we are also waiving these rights.

This clause does not limit either party’s ability to file an action in a court with jurisdiction to seek injunctive or other equitable relief for disputes relating to intellectual property, proprietary data or to enforce this dispute resolution clause, including your agreement not to assert claims related to the suspension or termination of another person’s account. In any such action, the court rather than an arbitrator must decide whether such a claim is arbitrable and must decide whether the party is entitled to the requested injunctive or other equitable relief.

Governing law
You and Buzzkiki Ltd agree that these Terms shall be governed by and construed in accordance with the laws of England and Wales (without regard to the conflict of laws provisions thereof) and that any dispute between you and Buzzkiki Ltd concerning Buzzkiki or arising out of or related to these Terms shall be resolved exclusively in the courts of England and Wales.
Except where prohibited by applicable law, any claim or cause of action by you concerning Buzzkiki or arising out of or related to these Terms must be filed within one year after such claim or cause of action arose, or be forever barred.

These terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.

We may sometimes make changes to these terms and policies. If we make material changes that adversely affect your rights, then we will let you know before the changes come into effect. Continuing to use Buzzkiki after a change means you accept the new terms or policies.

Effective immediately for users on Buzzkiki from 6th November 2020