Website Terms of Use

VERSION 1.6 | LAST REVISED ON: [AUGUST 25, 2024]

The website located at www.tributetoro.com (the “Site”) is a copyrighted work belonging to TributeToro (“Company”, “us”, “our”, “we”, and “TributeToro”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. In the context of these Terms, terms such as "gift", "gifts", and "support" are used to describe various forms of contributions to support content creators.

BY USING OUR SITE, YOU ARE AGREEING TO THESE TERMS OF SERVICE (“TERMS”). YOU CONFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO AGREE TO THESE TERMS, EITHER FOR YOURSELF OR ON BEHALF OF ANY ENTITY YOU REPRESENT. YOU MUST BE AT LEAST 18 YEARS OLD TO USE OUR SITE. IF YOU DISAGREE WITH ANY PART OF THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. ACCOUNTS

1.1 Account Creation

To use certain features of the Site, you must register for an account (“Account”) and provide accurate information about yourself. You affirm that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time by following the instructions on the Site. The Company may suspend or terminate your Account in accordance with Section 10.

1.2 Account Responsibilities

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

2. ACCESS TO THE SITE

2.1 License

Subject to these Terms, the Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.

2.2 Certain Restrictions

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, or transmitted in any form or by any means. All copyright and other proprietary notices on the Site must be retained on all copies thereof.

2.3 Modification

The Company reserves the right to modify, suspend, or discontinue the Site with or without notice to you. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

2.4 No Support or Maintenance

You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the Site.

2.5 Ownership

Excluding any User Content that you provide, you acknowledge that all intellectual property rights in the Site and its content are owned by the Company. Providing access to the Site does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.

2.6 Feedback

If you provide the Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to the Company all rights in such Feedback and agree that the Company shall have the right to use such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback you provide as non-confidential and non-proprietary.

3. USER CONTENT

3.1 User Content

“User Content” means any and all information and content that a user submits to the Site (e.g., content in the user’s profile, links, or posts). You are solely responsible for your User Content. You assume all risks associated with use of your User Content. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy. Because you alone are responsible for your User Content, you may expose yourself to liability if your User Content violates any laws or third-party rights. The Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice.

3.2 License

You hereby grant to the Company an irrevocable, nonexclusive, royalty-free, fully paid, worldwide license to reproduce, distribute, publicly display and perform, and otherwise use your User Content, and to grant sublicenses, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive any claims of moral rights or attribution with respect to your User Content.

3.3 Acceptable Use Policy

You agree not to use the Site to post or share User Content that: (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, or otherwise objectionable; (c) contains nudity, pornography, sexually explicit material, or content that is otherwise obscene, lewd, or lascivious, including content of a fetishistic nature; (d) is harmful to minors in any way; (e) violates any law, regulation, or obligations or restrictions imposed by any third party; (f) promotes illegal activities, hate speech, terrorism, or violent extremism; or (g) involves any form of financial fraud, such as misusing credit cards, attempting to manipulate the payment system, or creating profiles for the primary purpose of self-funding or transferring funds between your own accounts. A full list of prohibited business types can be found on our payment processor's website: https://stripe.com/legal/restricted-businesses.

3.4 Enforcement

We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 10, and/or reporting you to law enforcement authorities.

4. PAYMENTS

4.1 Nature of Payments

Each payment made on the Site is a voluntary and unconditional contribution to support the creator of the page where the transaction occurs. As such, all payments are non-refundable.

4.2 User Due Diligence

You are expected to conduct your own research on a creator before providing them support. TributeToro is not responsible for verifying the identity or authenticity of any creator's profile. By making a payment, you accept the risk that a creator may not be who they claim to be, and you agree that such payments are still non-refundable.

4.3 Third-Party Payment Processors

All transactions on the Site are processed using our third-party payment provider, Stripe, which may offer various payment methods including credit cards, debit cards, and regional options like Klarna. You acknowledge and agree that TributeToro is not liable for any security or privacy breaches by our payment processor. By using the payment features, you agree to be bound by Stripe’s Services Agreement: https://stripe.com/legal/ssa.

4.4 Chargebacks

Attempting a chargeback for a completed transaction without a valid reason (such as a clear breach of these Terms on our part) will be considered fraudulent. We reserve the right to suspend or terminate your account and report suspected fraudulent activity to relevant financial institutions.

4.5 Tax Reporting

You are solely responsible for any and all taxes associated with payments you receive through the Site. For US-based creators, TributeToro will facilitate the issuance of a 1099 form via Stripe as required by the Internal Revenue Service (IRS) for income reporting. You agree to provide all necessary tax information (such as a W-9) to Stripe when prompted.

5. REFUND POLICY

All payments made on TributeToro are considered final and non-refundable. Please see our full Refund Policy for details at /refund-policy.

6. INDEMNIFICATION

You agree to indemnify and hold the Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) your User Content.

7. THIRD-PARTY LINKS & ADS; OTHER USERS

7.1 Third-Party Links & Ads

The Site contains links to third-party websites and services (“Third-Party Links”). Such Third-Party Links are not under the control of the Company, and the Company is not responsible for any Third-Party Links. Your use of all Third-Party Links is at your own risk.

7.2 Other Users

Each Site user is solely responsible for any and all of their own User Content. We are under no obligation to be involved in any disputes between you and other users.

7.3 Release

You hereby release and forever discharge the Company from any and all claims and demands that have arisen or may arise out of your interactions with other users or Third-Party Links.

8. DISCLAIMERS

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR BE ACCURATE, RELIABLE, OR SAFE.

9. LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF THE SITE.

10. TERM AND TERMINATION

These Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason, including for any use of the Site in violation of these Terms. Upon termination, your Account and right to access the Site will terminate immediately.

11. GENERAL

11.1 Changes

These Terms are subject to occasional revision. If we make any substantial changes, we may notify you by email and/or by posting notice of the changes on our Site. Continued use of our Site following notice of such changes shall indicate your agreement to be bound by the revised Terms.

11.2 Dispute Resolution

Please read this Arbitration Agreement carefully. It is part of your contract with the Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally shall be resolved by binding arbitration on an individual basis. Arbitration will be conducted by a single, neutral arbitrator. Each party shall bear its own costs and fees for the arbitration. The arbitrator's decision shall be final and binding. YOU AND THE COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. CLASS ACTIONS ARE NOT PERMITTED.

11.3 Electronic Communications

You consent to receive communications from the Company in an electronic form (e.g., via email or by posting notices on the Site) and agree that all electronic communications satisfy any legal requirement that such communications be in writing.

11.4 Entire Terms

These Terms constitute the entire agreement between you and us regarding the use of the Site.

11.5 Governing Law

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any choice or conflict of law provision or rule.

11.6 Contact Information:

TributeToro
Email: contact.tributetoro@gmail.com