Welcome to Pefoma. This page (together with the documents referred to in it) tell you the terms (the “Terms”) which apply when you subscribe to use all associated features and functionalities, websites and interfaces, as well as all content and software applications associated with our services (the “Services”) from our mobile Application (the “App”) and website (the “Site”).
Please read these Terms carefully before setting up an account with Pefoma. If you have any questions relating to these Terms please contact email@example.com.Your legal rights are not affected by these Terms, which apply in addition to them and do not replace them. By signing up or otherwise using any of these Pefoma services or accessing any music, videos, live streams or other content or material that is made available through the Service (the “Content”), you confirm that you accept these Terms.
Pefoma is operated by Rise Innovations Limited (“Rise Innovations”), a company incorporated and registered in England and Wales, 12581684 whose registered office is at International House, 64 Nile Street, London, N1 7SR United Kingdom.
Pefoma provides services with social and interactive features for live streaming. Fans are able to view live streams and exclusive content by Verified Artists with a Pay-Per-View feature enabled for up to four hours. Artists set their own entry fees to charge Fans, of which Pefoma take a fixed fee of 175 coins. They can also view photos and videos uploaded by Artists.
Before you can view live streams, or any Artist content using our App you need to open a Pefoma User Account (“User Account”) using your email address. Users confirm they are over 13 to be eligible to use Pefoma. When you open a Pefoma account you will need to create a password. You must keep any password you create confidential and prevent others from accessing your Pefoma account, or mobile phone. If another person uses these methods to access your account, you will be responsible for payment. We are not responsible for any losses you suffer, unless the person using your password obtained it because we did not keep it secure.
You may close your account at any time by contacting us at firstname.lastname@example.org. If we believe that your account has been used by someone else, we may suspend your access to your account, or close it permanently. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff, or any other good reason).
Occasionally we may make changes to this Agreement for valid reasons, such as improving the existing functions or features or adding new functions or features to the Service, implementing advancements and reasonable technical adjustments to the Service, ensuring the operability or the security of the Service, and for legal or regulatory reasons. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice or seeking your agreement within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us.
You can find a description of our Service options on our website, and we will explain which Service options are available to you when you create a Pefoma account. Certain options may be provided to you free-of-charge. Other options require payment before you can access them by purchasing Pefoma Coins (the “Coins”) to access the Services. We may also offer services, including offerings of third-party products and services in conjunction with or through the Pefoma Service. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offerings at any time in accordance with these Terms.
You may purchase Coins directly from Pefoma via In-App Purchase. Pefoma may change the price for a Coin from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. You accept the new price by continuing to use the Pefoma Service after the price change takes effect.
The price of Coins are set out on our Site. Payment for Coins can be made on our App via third party payment methods made available by Pefoma. We are authorised by Artists to accept payment on their behalf via a third party payment platform.
Payments are non-refundable unless a Live Stream is cancelled or rescheduled. In the exceptionally unlikely situation where a Live Stream is cancelled, Pefoma will make reasonable endeavours to notify you of the same. If a Live Stream is cancelled, rescheduled, or materially changed you will receive a full refund.
Owing to the nature of live streaming an events, Pefoma cannot be held responsible for any access, IT, internet or wifi issues that Fans may experience before, during or after the Live Stream, other than technical issues relating to the App. Pefoma will not be able to offer any technical support relating to any access, IT, internet or wifi issues during or after the Live Stream.
The Pefoma Service and the Content are the property of Pefoma. We grant you limited, non-exclusive, revocable permission to make use of the Pefoma Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or Pefoma. You promise and agree that you are using the Pefoma Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the Pefoma Service or the Content.
The Pefoma software applications and the Content are not sold or transferred to you, and Pefoma and its licensors retain ownership of all copies of the Pefoma software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers, and/or other devices (“Devices”).
All Pefoma trademarks, trade names, domain names, and any other features of the Pefoma brand (“Pefoma Brand Features”) are the sole property of Pefoma or its licensors. The Agreements do not grant you any rights to use any Pefoma Brand Features whether for commercial or non-commercial use.
You agree to abide by our Fan Terms and not to use the Pefoma Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, Pefoma grants no right, title, or interest to you in the Pefoma Service or Content.
YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST PEFOMA RELATED TO FAN CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD PEFOMA HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
In consideration for the rights granted to you under the Agreements, you grant us the right to (1) allow the Pefoma Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Pefoma Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including Pefoma’s agreements with third parties.
If you provide feedback, ideas, or suggestions to Pefoma in connection with the Pefoma Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorise Pefoma to use that Feedback without restriction and without payment to you. Feedback is considered a type of Fan Content.
Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the Fan Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any Fan Content, including Feedback, and your right to object to derogatory treatment of such Fan Content.
Pefoma respects intellectual property rights and expects you to do the same to ensure Pefoma stays enjoyable for everyone. The following is not permitted for any reason whatsoever:
Please respect Pefoma, the owners of the Content, and other Fans of Pefoma for Artists. Don’t engage in any activity, post any Fan Content, or register and/or use a Fan name, which is or includes material that:
You acknowledge and agree that posting any Fan Content that violates these Fan Terms (or that Pefoma reasonably believes violates these Fan Terms) may result in immediate termination or suspension of your Pefoma account. You also agree that Pefoma may reclaim your Fan name where it is reasonable for us to do so, including if you have violated the Agreements.
Please be thoughtful about how you use the Pefoma Service and what you share. The Pefoma Service includes social and interactive features. Remember that shared or publicly available information may be used and re-shared by other Fans on Pefoma or across the web, so please use Pefoma carefully. Pefoma has no responsibility for your choices to post material on the Service.
Your password protects your Fan account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorised use) of your Fan name and password on the Service. If your Fan name or password is lost or stolen, or if you believe there has been unauthorised access to your account by a third party, you must notify us immediately and change your password as soon as possible.
Pefoma respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see Pefoma’s copyright policy. If Pefoma is notified by a copyright holder, using the forms provided by Pefoma, that any Content infringes a copyright, Pefoma may in its sole discretion remove such Content from the Service, or take other steps that Pefoma deems appropriate, without prior notification to the Fan or other party who supplied or posted that Content. If such Fan or other party believes that the Content is not infringing, he or she may in certain circumstances submit a counter-notification to Pefoma with a request to restore the removed content, which Pefoma may decide in Pefoma’s sole discretion.
If you believe that any Content does not comply with the Fan Terms, please contact us at email@example.com or report via the App.
Pefoma will make reasonable efforts to keep the Pefoma Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Pefoma reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Pefoma Service, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification, or discontinuation of Pefoma’s Services or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Service, or to implement advancements in technology or ensure the operability or the security of the Service, legal and regulatory reasons.
You understand, agree, and accept that Pefoma will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. Pefoma and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.
For customer support with account-related and payment-related questions (“Customer Support Queries”), please contact us at firstname.lastname@example.org or via the Contact us form on our Site. Queries will be responded to within 5 business days. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.
The Agreements will continue to apply to you until terminated by either you or Pefoma. However, you acknowledge and agree that the perpetual license granted by you in relation to Fan Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Pefoma may terminate the Agreements or suspend your access to the Pefoma Service at any time, including in the event of your actual or suspected unauthorised use of the Pefoma Service and/or Content, non-compliance with the Agreements, or if we withdraw Services and/or Content (in which case we shall provide you reasonable notice in advance of doing so). If you or Pefoma terminate the Agreements, or if Pefoma suspends your access to the Pefoma Service, you agree that Pefoma shall have no liability or responsibility to you, and Pefoma will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. To learn how to terminate your Pefoma account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law.
YOU UNDERSTAND AND AGREE THAT THE PEFOMA SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. PEFOMA AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER PEFOMA NOR ANY OWNER OF CONTENT WARRANTS THAT THE PEFOMA SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, PEFOMA MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), FAN CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE PEFOMA SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND PEFOMA IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING.
NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM PEFOMA SHALL CREATE ANY WARRANTY ON BEHALF OF PEFOMA. WHILE USING THE PEFOMA SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT.
WITHOUT LIMITING THE FOREGOING, NOTHING IN THIS SECTION SHALL HAVE THE EFFECT OF LIMITING PEFOMA’S LIABILITY IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF ITS ESSENTIAL OBLIGATIONS FOR PROVIDING THE SERVICE UNDER THE AGREEMENTS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE PEFOMA SERVICE IS TO UNINSTALL ANY PEFOMA SOFTWARE AND TO STOP USING THE PEFOMA SERVICE. YOU AGREE THAT PEFOMA HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE PEFOMA SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO PEFOMA, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
IN NO EVENT WILL PEFOMA, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:
(1) ANY LOSS OR DAMAGE (INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY, DAMAGES) WHICH IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT; (2) ANY: (A) LOSS OF USE; (B) LOSS OF DATA; (C) LOSS OF BUSINESS; (D) LOSS OF PROFITS; OR
(2) DAMAGE TO DEVICES, TO THE EXTENT YOU COULD HAVE AVOIDED SUCH DAMAGE BY FOLLOWING OUR ADVICE TO APPLY UPDATES TO THE SERVICES OR CONTENT OR IF SUCH DAMAGE IS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US,
IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PEFOMA SERVICE, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER PEFOMA HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;
(3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PEFOMA SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO PEFOMA DURING THE PRIOR TWELVE MONTHS IN QUESTION; OR
(4) NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THE AGREEMENTS CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND PEFOMA’S REASONABLE CONTROL.
Nothing in the Agreements removes or limits Pefoma’s liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE.
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Pefoma, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
If you have downloaded the App from Apple or Google Play (the “Stores”), you acknowledge that you have read, understood, and agree to the following notice regarding Stores. This Agreement is between you and Pefoma only, not with the Stores, and the Stores are not responsible for the Service and the content thereof. The Stores have no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify the Stores and the Stores will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, the Stores have no other warranty obligation whatsoever with respect to the Service. The Stores are not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Stores is not responsible for the investigation, defence, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. The Stores, and the Stores’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, the Stores will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement.
Other than as stated in this section or as explicitly agreed upon in writing between you and Pefoma, the Agreements constitute all the terms and conditions agreed upon between you and Pefoma and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Pefoma may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and Pefoma may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.