BY USING OUR WEBSITE YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
Introduction: These Terms of Use for all Users govern your use of Onlooker and your agreement with us.
Interpretation: In the Terms of Service:
we refer to our website as "Onlooker", including when accessed via the URL www.onlooker.club;
references to "we", "our", "us" are references to PB Stryukovatyy, the operator of Onlooker;
"Content" means any material uploaded to Onlooker by any User (whether a Creator or a Onlooker), including any photos, videos, livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
"Creator" means a User who has set up their Onlooker account as a Creator account to post Content on Onlooker to be viewed by other Users;
"Onlooker" means a User who follows a Creator and is able to view the Creator's Content;
"Onlooker/Creator Transaction" means any transaction between a Onlooker and a Creator on Onlooker's by which access is granted to the Creator's Content including in any of the following ways: a Subscription, payments made by a Onlooker to view a Creator's pay-per-view Content (pay-per-view media and pay-per-view live stream), and use by the Onlooker of the fan interaction function on a Creator's account;
"Onlooker Payment" means any and all payments made by a Onlooker to a Creator in connection with a Onlooker/Creator Transaction, or by way of a tip for a Creator;
"Referring User" means a User who participates in the Onlooker Referral Program;
"Standard Contract between Onlooker and Creator" means the terms which govern each Onlooker/Creator Transaction, which can be found here;
"Subscription" means a Onlooker's subscription to a Creator's account (whether paid or unpaid, and whether for one month or as part of a bundle comprising a subscription for more than one month);
"Terms of Service" (also called "your agreement with us") means the legally binding agreement between you and us which consists of:
"United Kingdom" means the United Kingdom of Great Britain and Northern Ireland;
"User" means any user of Onlooker, whether a Creator or a Onlooker or both (also referred to as "you" or "your").
Who we are and how to contact us: Onlooker is operated by PB Stryukovatyy. We are registered in Russia, with registration number 321784700058250 and we have our registered office address 4A Aviakonstruktorov av., St.Petersburg, Russia. Our VAT number is 781005132066.
To contact us with any questions about Onlooker, please email our support team at support@onlooker.club If you are unable to contact us by email, please write to us at the following address: 197373 Russia, St.Petersburg, av. Aviakonstruktorov 4/1-298.
How we may change the Terms of Service: We may change any part of the Terms of Service without telling you beforehand in the following circumstances:
- to reflect changes in laws and regulatory requirements which apply to Onlooker and the services, features and programs of Onlooker where such changes require Onlooker to change its terms and conditions in a manner which does not allow us to give reasonable notice to you;
- to address an unforeseen and imminent danger related to defending Onlooker, Onlooker or Creators from fraud, malware, spam, data breaches or other cybersecurity risks.
We may also make other changes to any part of the Terms of Service, and we will give you reasonable notice of such changes by email or through Onlooker, and you may contact us to end your agreement with us before the changes take effect. Once any updated Terms of Service are in effect, you will be bound by them if you continue to use Onlooker.
We may make changes to or suspend or withdraw Onlooker: We may update and change Onlooker from time to time for any reason, including to reflect changes to our services, Users' needs and our business practices or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that Onlooker, or any Content on it, will always be available or accessible without interruption. We may suspend or withdraw or restrict the availability of all or any part of Onlooker for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.
Registering with Oniooker: To use Onlooker you must first register and create a User account on Onlooker. You must provide a valid email address, a username, and a password. Your password should be unique (meaning that it is different to those you use for other websites) and must comply with the technical requirements of the Onlooker site for the composition of passwords. To register as a User:
you must be at least 18 years old, and you will be required to confirm this;
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;
and you must be permitted by the laws of the country or State/province where you are located to join Onlooker and to view any Content available on it and to use any functionality provided by it.
You must provide such other information or verification records as we require.
If you do not meet the above requirements, you must not access or use Onlooker.
Your commitments to us: When you register with and use Onlooker, you make the following commitments to us:
If you previously had an account with Onlooker, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
You will make sure that all information which you submit to us is truthful, accurate and complete.
You will update promptly any of your information you have submitted to us as and when it changes.
You consent to receiving communications from us electronically, including by emails and messages posted to your Onlooker account, and to the processing of your personal data as more fully detailed in our Privacy Policy.
You will keep your account/login details 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@onlooker.club promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.
You will comply in full with these Terms of Use for all Users, our Acceptable Use Policy and all other parts of the Terms of Service which apply to your use of Onlooker.
Rights we have, including to suspend or terminate your account:
We can but we are not obligated to moderate or review any of your Content to verify compliance with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law.
It is our policy to suspend access to any Content you post on Onlooker which we become aware may not comply with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at support@onlooker.club. Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. You agree that you will at your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content under this section.
If we suspend access to or delete any of your Content, we will notify you via email or electronic message to your Onlooker account, but we are not obligated to give you prior notice of such removal or suspension.
We reserve the right in our sole discretion to terminate your agreement with us and your access to Onlooker for any reason by giving you 30 days’ notice by email or electronic message to your Onlooker account. We can also suspend access to your User account or terminate your agreement with us and your access to Onlooker immediately and without prior notice:
if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service (including in particular our Acceptable Use Policy), or
if you attempt or threaten to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User; or
if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of Onlooker.
If we suspend access to your User account or terminate your agreement with us and your access to Onlooker we will let you know. During any period when access to your User account is suspended, any Onlooker Payments which would otherwise have fallen due during the period of suspension will be suspended, and we may withhold all or any part of the Creator Earnings due to you but not yet paid out in accordance with of the Terms of Use for Creators.
Upon termination of your account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on Onlooker for you to be able to access your Content following termination of your account.
We can investigate any suspected or alleged misuse, abuse, or unlawful use of Onlooker and cooperate with law enforcement agencies in such investigation.
We can disclose any information or records in our possession or control about your use of Onlooker to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, to protect our rights or legal interests, or in response to legal process.
We can change the third-party payment providers used to process payments on Onlooker and if we do so, we will notify you and store applicable details on your Onlooker account.
Other than Content (which is owned by or licensed to Creators), all rights in and to Onlooker and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws.
We are the sole and exclusive owners of any and all anonymised data relating to your use of Onlooker and such anonymised data can be used by us for any purpose, including for commercial, development and research purposes.
What we are not responsible for: We will use reasonable care and skill in providing Onlooker to you, but there are certain things which we are not responsible for, as follows:
We do not authorize or approve Content on Onlooker, and views expressed by Creators or Onlooker on Onlooker do not necessarily represent our views.
We do not grant you any rights in relation to Content. Any such rights may only be granted to you by Creators.
Your Content may be viewed by individuals that recognise your identity. We will not in any way be responsible to you if you are identified from your Content.
While we may, from time to time and in our sole discretion, offer certain geofencing or geolocation technology on Onlooker, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology, and you will have no claim against us arising from your use of or reliance upon any geofencing or geolocation technology on Onlooker.
All Content is created, selected, and provided by Users and not by us. We are not responsible for reviewing or moderating Content, and we do not select or modify the Content that is stored or transmitted via Onlooker. We are under no obligation to monitor Content or to detect breaches of the Terms of Service (including the Acceptable Use Policy).
You agree that you have no obligation to follow any suggestions, comments, reviews, or instructions received from another User of Onlooker and that if you choose to do so, you do so entirely at your own risk.
We make no promises or guarantees of any kind that Creators or Referring Users will make a particular sum of money (or any money) from their use of Onlooker.
The materials which we make accessible on Onlooker for Users are for general information only. We make no promises or guarantees about the accuracy or otherwise of such materials, or that Users will achieve any particular result or outcome from using such materials.
We do not promise that Onlooker is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access Onlooker. You should use your own virus protection software.
We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of Onlooker.
While we try to make sure that Onlooker is secure and free from bugs and viruses, we cannot promise that it will be and have no control over the Content that is supplied by Creators.
We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.
You acknowledge that once your Content is posted on Onlooker, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your Content which may have been recorded by other Users in breach of the Terms of Service or by third parties prior to the deletion of your account.