Fan Terms

TERMS OF USE FOR FANS

BY USING OUR SERVICE AS A FAN YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY. YOU ARE NOT ALLOWED TO USE OUR SERVICE IF YOU DISAGREE WITH ANY OF THE TERMS IN THIS POLICY.

  1. Introduction: These Terms of Use for Fans apply if you use our Service as a Fan (hereinafter referred to as "you" and "your" in these Terms of Use for Fans). These Terms of Use for Fans form part of your agreement with Presto Color Sdn Bhd (hereinafter referred to as the “Company”, "we", "our" and "us").

  2. Interpretation:In these Terms of Use for Fans, defined terms have the same meanings as in Terms of Use for All Users.

  3. Other terms which will apply to your use of Colorverse: In addition to these Terms of Use for Creators, the following terms will also apply to your use of Colorverse and form part of your agreement with us, where the context may require:

    1. a. Terms of Use for All Users - which contain all defined terms which apply if you use Colorverse as a User, whether a Creator or a Fan or both;

    2. b. Terms of Use for Creators - which contain additional terms which apply if you use Colorverse as a Creator;

    3. c. Standard Contract between Fan and Creator - which does not form part of your agreement with us but applies to each Fan/Creator Transaction you enter into whether as a Fan or a Creator.

    4. d. Privacy Policy - which tells you how we use your personal data and other information we collect about you

    5. e. Acceptable Use Policy- which tells you what you can and can't do on Colorverse.

    If there is any conflict between these Terms of Use and any of the terms or policies listed above, the Terms of Use will apply and prevail to the extent of the conflict.

  4. To becoming a Fan and use Colorverse, you warrant that:

    1. a. you must be at least 18 years old, and you will be required to confirm this;

    2. b. if the laws of the country or state/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/province where you live;

    3. c. you must provide such other information or verification records as we require;

    4. d. you must not be barred from accessing Colorverse under any laws which apply to you;

    5. e. if you previously had a User Account on Colorverse, you confirm that your old User Account was not terminated or suspended by us because you violated any of our terms or policies;

    6. f. you will make sure that all information which you submit to us is truthful, accurate and complete;

    7. g. you will update promptly any of your information you have submitted to us as and when it changes;

    8. h. you will keep your account/login details/third-party crypto wallet confidential and secure, including your user details, passwords and any other piece of information that forms part of our security procedures, and you will not disclose these to anyone else. You will contact support@colorverse.social promptly if you believe someone has used or is using your User Account without your permission or if your User Account has been subjected to any other breach of security. You also agree to ensure that you log out of your User Account at the end of each session, and to be particularly careful when accessing your User Account from a public or shared computer so that others are not able to access, view or record your password or other personal information;

    9. i. you are responsible for all activity on your User Account even if, contrary to the Terms of Use, someone else uses your User Account;

    10. j. you will comply in full of these Terms of Use for Fans, our Acceptable Use Policy and all other parts of the Terms of Use which apply to your use of Colorverse;

    11. k. you consent to receive electronic communications from us (e.g., via email, push notification, text messages, or other types of messages), and to the processing of your personal data as more fully detailed in our Privacy Policy. We may send you notices about your User Account (e.g., transactional information) and promotional communications that we think will be of interest to you;

    12. l. you are aware that when you use any Services regarding NFTs in Colorverse, you will need a blockchain address and a third-party crypto wallet to access the Service. By using your third-party crypto wallet in connection with the Service, you agree that you are using third-party crypto wallet under the terms and conditions of the applicable provider of wallet. Your Colorverse User Account will be associated with your linked blockchain address and display the NFT you purchase from Colorverse’s Creators if you have any.

    If you do not meet the above requirements, you must not access to Colorverse and/ or use your User Account.

  5. Sensitive and Mature Material: You acknowledge that you are aware that some of the Content on Colorverse contains sensitive and/or mature material, and you agree to take this into account when deciding where to access and view Content. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing Content containing sensitive and/or mature material in a way which places you in breach of any contract you have with a third party (for example, your employment contract) or in breach of any applicable law.

  6. General : You agree that:

    1. a. if any aspect of your agreement with us is unenforceable, the rest will remain in effect;

    2. b. if we fail to enforce any aspect of your agreement with us, it will not be a waiver;

    3. c. we reserve all rights not expressly granted to you;

    4. d. you cannot transfer your rights or obligations under your agreement with us without our prior written consent;

    5. e. these Terms of Use for Fans, together with all other terms and polices as set out under Section 3(a) form the entire agreement between us and you regarding your access to and use of Colorverse and supersede any and all prior oral or written understandings or agreements between us and you.

    In consideration of the nature of services provided by Colorverse, the Fan consents to his/her limited personal data such as email address, last payment date and transaction amount (collectively, the “Fan’s Information”), being available on Colorverse’s platform to the Creator only. The Fan shall have the right to withdraw his/her consent to disclosure of the Fan’s Information to the Creator by way of written notification to Colorverse at support@colorverse.social or any such similar option as may be made available on Colorverse’s platform.

  7. Subscriptions and Purchases by Fans: This section describes the terms which apply to Fan/Creator Transaction:

    1. a. All transactions and interactions facilitated by Colorverse are contracts between Fans and Creators on the terms of the Standard Contract between Fan and Creator ). Although we facilitate transactions and interactions between Fans and Creators by providing the Colorverse platform, storing Content, and acting as a payment intermediary, we are not a party to the Standard Contract between Fan and Creator ) or any other contract which may exist between a Fan and Creator, and are not responsible for any transactions or interactions between Fans and Creators.

    2. b. Creators are solely responsible for determining (within the parameters for pricing on Colorverse) the pricing applicable to transactions and interactions and the Content to which you may be given access. All prices appear in MYR or USD, except service related to NFTs appear in cryptocurrency.

    3. c. Payment Method

      • i. Third-Party Payment Provider: You authorize us to supply your payment card details to our payment provider for the purpose of processing your Fan/Creator Transactions. All Fan/Creator Transactions will be displayed in either Malaysia Ringgit (MYR) or United States Dollar (USD), based on the Creator’s selection. However, the final currency for the transaction will be charged in MYR only. By completing your transaction, you agree to the conversion rate, the final payment amount and the final currency for the transaction is MYR. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank, and we are not responsible for paying any charges or fees imposed by your payment card provider or bank.

      • ii. Third-Party Crypto Wallet: You agree to connect your wallet with Colorverse when any Fan/Creator Transactions required to do so. Your Colorverse account will be associated with your blockchain address. We accept no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Fan/Creator Transactions will operate with any specific wallet. Most of the Fan/Creator Transactions related to NFT will be charged in cryptocurrency. We do not have control over the price of cryptocurrency or charges imposed by wallet, and we are not responsible for paying any charges or gas fees imposed by wallet.

    4. d. Immediate Payments

      • i. The payment provider will take immediate payments from your payment card for Fan/Creator Transactions. You authorize and consent to each of these payments being debited using your supplied payment card details.

      • ii. Third-party crypto wallet will take immediate payments from your linked blockchain address for Fan/Creator Transactions. You authorize and consent to each of these payments being debited using your connected wallet.

    5. e. All Subscriptions to a Creator's Channel will automatically end at the end of the relevant subscription period. This means that if you want to continue subscribing to a Creator's Channel, you will need to choose to pay for a new Subscription to that Creator’s Channel. If you cancel a Subscription, you will still be permitted to view the relevant Creator's Channel but limited to free Content.

    6. f. You agree that you will not make unjustified requests for a refund from any Creator which you follow, or unjustified chargeback requests of your payment card provider or third-party wallet in relation to any transaction between you and a Creator. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your Fans account.

    7. g. If we suspend your User Account in accordance with our rights under these Terms of Service for Fans and/or Terms of Service for All Users, then any Fan/Creator Transactions which would otherwise have fallen due during the period of suspension of your User Account will be suspended during the period of the suspension of your User Account.

  8. Collection and Protection of Personal Information

    1. a. You agree that by using features or functions within the Creator’s Channel, we may collect, use and share all Personal Information (whether relating to you or to a third person) contained in your User Generated Content in accordance with the Privacy Policy.

    2. b. Insofar as your User Generated Content contains any Personal Information relating to a third person, you warrant that you have obtained the informed consent of such third person for their Personal Information to be collected, used and shared in accordance with the Privacy Policy.

    3. c. However, if you or another person choose to share any of your User Generated Content outside of the Creator’s Channel, you acknowledge and accept that the handling and use of any Personal Information contained therein is beyond our control and responsibility and you hereby release us from any liability in respect of such use of any Personal Information.

Last Update on 15 August 2022