Effective: 9 March 2019
Welcome to Best Flex Network
- Welcome to the Best Flex Network. In this document, when we say ‘we’, ‘us’ or ‘Best Flex Network’ we’re referring to our business, TBF Online Ltd, incorporated in England with Company Number 09735456 at Ye Olde Hundred, 69 Church Way, North Shields, NE29 0AE. We own and run the Best Flex Network sites.
- Best Flex Network’s sites connect muscle fans with bodybuilders around the world. When you create an account and accept these terms you select to become a fan (buyer) or a performer (seller) in our community. You will have a Best Flex Network account that will allow you to buy and sell items from Best Flex Network sites and make other related transactions.
- Best Flex Network sites are platforms that allow fans to buy digital items like videos, photos, memberships and more. On Best Flex Network, fans and performers transact with each other directly and we provide the platform to allow the transactions to happen. Any transactions are logged on your member account, which records the payments made by you to performers via Best Flex Network (as a fan) and by fans via Best Flex Network to you (as a performer).
- The items on Best Flex Network are owned by the performers, not by us. The items on Best Flex Network are uploaded at the direction of the performer. We provide the platform services; we do not take ownership of the items.
How browsing and membership works
- Browsing: You need to be 18 years or over to browse the Best Flex Network sites. We don’t knowingly collect any information from anyone aged 18 or under. When browsing the sites, you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our Best Flex Network sites whether or not you’re a member.
- Age: You need to be 18 years or over to become a member. If you’re under 18, you must leave the Best Flex Network immediately otherwise you are committing a crime.
- Best Flex Network Account: Membership is free. When you become a member, you get a Best Flex Network account that is accessible from any of our Best Flex Network sites. Your membership will allow you to buy access to items from performers, participate in our online forums, and generally contribute to our community of muscle fans.
- Multiple accounts: Creating multiple accounts with overlapping uses or to evade the temporary or permanent suspension of a separate account is not allowed.
- Your responsibility: You promise that information you give us is true, accurate and complete and, if you sign up for a Best Flex Network account, that you will keep your account information up-to-date (including a current email address). Your membership is not transferable, that means you cannot sell your account. You are responsible for any use of the Best Flex Network sites including any activity that occurs in conjunction with your username and password, if you have a Best Flex Network account, so keep your password secure and don’t let any other person use your username or password. If you realise there’s any unauthorised use of your password or any breach of security, you need to let us know immediately. You must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions, or for any fraudulent or illegal reasons.
It is important that you understand your responsibilities as a member of our community so please take the time to review this section and the Best Flex Network Terms carefully.
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 Best Flex Network.
- What you're buying:
- Download and/or viewing access: When you buy an item, you acquire the right to download and/or view that item; you're not actually acquiring the item itself. What you get includes permission to view the item from us or the performer. You are not allowed to re-post an item anywhere or share it with anyone. We, or the performer, always retain all rights to any item sold.
- Custom Request: Fans can pay performers for custom videos or cam shows. 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. Content created and sold as a Custom Request is done so under the terms described in section 11(a). This means the item, and all associated rights, always belong to the 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.
- Membership access: Fans may buy access to a private members club from a performer. This gives you the right to view the content in the club whilst your membership is active. You are not acquiring the content itself and you are not allowed to download the content, re-post it or share it with anyone.
- The total price for an item on Best Flex Network 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 Best Flex Network may be subject to tax that may be added to the price. See the Taxes section for details about taxes on Best Flex Network.
The list price (the price you see on one of our websites) 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 a Best Flex Network site, 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. Different payment providers may incur a
- Currency conversion costs: You are responsible for all costs of currency conversion relating to a transaction on Best Flex Network. 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 Best Flex Network, which we have no control over.
- Terms of buying: When you buy a Best Flex Network item you’re doing so on the following terms:
- you warrant to us 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;
- we and the performers do not promise that any item will continue to be available on the Best Flex Network, 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
- the performer retains ownership of the item;
- your relevant details may be provided to the performer to facilitate the transaction, for example for invoicing and item support services;
- transaction limits may apply across the Best Flex Network (such as total or daily limits); and
- we have 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 Best Flex Network sites will be suitable for the purposes described on the sites, 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 Best Flex Network sites (or any items on the Best Flex Network sites).
- Warranties performers make: The performer you buy from 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 by the performer on the item preview page, as well as any item or video preview;
- they have the rights necessary to offer the item on these terms;
- 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.
- European VAT. Prices and fees for supplies made to you (whether by Best Flex Network or performers) in connection with these terms exclude European VAT unless stated otherwise on our site. If a supply is made to you under or in connection with these terms on which European VAT is imposed, any applicable fee that is charged for that supply is increased by, and you must also pay, an amount equal to the VAT payable (by Best Flex Network or the performer) on that supply.
- Other 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 Best Flex Network 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 has been breached, or a refund is required under the Best Flex Network Refund Rules or UK consumer law or other relevant consumer protection laws.
- We will assess refund or credit requests on their merits, considering the digital nature of Best Flex Network 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 (we advise you to download items as soon as you buy them to avoid this situation).
- If the performer or we 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 US Dollars, under the rules of the payment method (see Currency conversion section about currency conversion back to your local currency).
- Disputes lodged with payment agents: If, as a buyer via your Best Flex Network account, you lodge a dispute with a payment agent, this will result in a permeant freezing of your Best Flex Network account. This makes it very complex to resolve any related issues and means we cannot make payments or issue refunds out of your Best Flex Network account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.
- Our status: We are not a bank or licensed deposit taker in the UK or elsewhere. We don’t act as a fiduciary or as a trustee for you, and we’re not a licensed financial service provider.
Becoming a performer
If you want to get involved in our community as a performer find out how here. 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: We own all the Best Flex Network content that we have put on Best Flex Network (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Best Flex Network sites, and copyright, trademarks, designs and other intellectual property on Best Flex Network. We own all the trademarks, logos, service marks and trade names on Best Flex Network (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Best Flex Network Content or use any of our intellectual property in any way not expressly stated in these terms.
- What we don’t own: We do not own the items on Best Flex Network; our performers do. Items are uploaded at the direction of the performer. So we cannot take responsibility for the quality, safety or legality of the items. We do not warrant that the items or any member content, code, data or materials available on or via the Best Flex Network do not infringe the intellectual property rights of a third party. (Each performer provides promises to you directly when you purchase their item – see Warranties performers make section.)
- 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: We value 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 the Best Flex Network will be confidential, and we can’t promise that any information you provide to us is perfectly secure. While using the Best Flex Network, 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 the Best Flex Network to any other person.
- Prohibited Conduct: We strongly recommend that fans do not make their contact details public on the Best Flex Network or in any public communications via the Best Flex Network sites. 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 Best Flex Network and any content might result in liability to us or anyone else. See our Acceptable Use Policy for further details.
- Community participation: We take great pride in our global and thriving community—it’s part of what makes the Best Flex Network great. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say. Before participating on Best Flex Network, please read the Community Guidelines, as you agree to follow them as part of these terms.
Linking; apps made by others
- Linking to the Best Flex Network: We’d be delighted if you decide to link to Best Flex Network from other sites, but you must link to a full version of a page and not link directly to an image or file hosted on Best Flex Network. That includes no "in-line" linking methods resulting in images hosted on Best Flex Network being displayed on other sites. You must not "frame" any Best Flex Network pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the Best Flex Network be discontinued, and to revoke your ability to link to the Best Flex Network.
- Links from the Best Flex Network: The Best Flex Network sites may contain links to other non-Best Flex Network sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.
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 websites or otherwise, including any video reviews, cam show model reviews, meet up 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.
- Editing or removing your submissions: We do not edit or control the Submissions posted to or distributed on our websites through any chat rooms, bulletin boards, review services or other communications forums, and will not be in any way responsible or liable for such Submissions. We nevertheless reserve the right for any reason in its sole discretion to edit or remove, without notice, any Submissions or Site Content.
- Using our interactive areas: Our websites may contain discussion forums, bulletin boards, review services or other forums in which you and other members may post reviews of videos, cam show services, meet up experiences or other content, messages, materials or other items on our website ("Interactive Areas"). If we such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our websites any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is false, unlawful, misleading, libellous, defamatory, obscene, indecent, lewd, suggestive, harassing or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country in the world, or that would otherwise create liability or violate any local, state, national or international law;
- Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or videos or links to pirated music or video files;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, mass mailings or “spamming”, transmission of "junk mail", "chain letters," political campaigning, advertising, contests, raffles, or solicitations;
- Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, Social Security numbers and credit card numbers.
- Restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content or links to content that, in our sole judgment, violates the previous subsections herein, is objectionable, restricts or inhibits any other person from using or enjoying the Interactive Areas or our website or which may expose us or our members to any harm or liability of any type.
- Responsibility and liability for submissions: We take no responsibility and assume no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity or profanity you may encounter. As a provider of interactive services, we are not liable for any statements, representations or content provided by our users in any public forum, personal home page or other Interactive Area. Although we have no obligation to screen, edit or monitor any of the submissions posted to or distributed through any Interactive Area, we reserve the right, and have absolute discretion, to remove, screen or edit without notice any submission posted or stored on our websites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
- Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit for community members who follow our terms and policies and treat other community members well. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of Best Flex Network complies with these terms and our policies. We can suspend or terminate your Best Flex Network account at any time for any reason. If we do decide to permanently terminate your Best Flex Network account, you must not apply for a new account as unfortunately you will no longer be welcome in our community. This decision may also apply to all of your Best Flex Network accounts you use on other Best Flex Network sites. We do not need to provide notice that your account is terminated or explain the termination.
Liability and indemnity - between us and you
- We provide the Best Flex Network sites and the platform services, not the items on the Best Flex Network sites.
- 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 Best Flex Network and any content you post to Best Flex Network (including, if you are a performer, your items).
- 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 Best Flex Network;
- information provided by performers about their items (including on any item page); and
- your use of items from Best Flex Network.
- Our liability to you in connection with Best Flex Network 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 USD100 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 Best Flex Network sites 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 the Best Flex Network, 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 the Best Flex Network works. The Best Flex Network 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, disabling an account or refusing to process a payment. We may block you, terminate any of your Best Flex Network accounts 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 UK government); 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 the Best Flex Network 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 all of your Best Flex Network accounts you use on other Best Flex Network sites. 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 Best Flex Network account email address.
- Changes to Best Flex Network 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 close your Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use Best Flex Network sites 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 Best Flex Network from our offices in the United Kingdom. The laws of England govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.
- Performer: a member who makes items available for sale on Best Flex Network or creates a public performer profile
- Buyer: a person who ‘buys’ items on Best Flex Network.
- Best Flex Network content: is all the content that we have put on the Best Flex Network and includes the design, compilation, and look and feel of the Best Flex Network, and copyright, trademarks, designs and other intellectual property on the Best Flex Network (unless otherwise stated and excluding content owned by others like performer content).
- Best Flex Network: When we refer to the ‘Best Flex Network’ we’re talking about these websites:
- Best Flex Network account: what you receive when you become a Member which gives you access to any of the Best Flex Network sites.
- 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 Best Flex Network like videos, photos, membership access and much more.
- List price: the price you see on an item page on the Best Flex Network, which is made up of the item price, payment fee and selling fee
- Member: a person who signs up by creating an account and accepting these terms.
- Member’s statement: the record of payments by you to Best Flex Network (as a buyer) and by Best Flex Network to you (as a performer
- Payment method: any payment agent or method we make available on the Best Flex Network.
- 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.
- Your content: everything that you post on the Best Flex Network or send via the Best Flex Network to other members and to us including items, files, communications and materials.