Registration on the Platform, creating and use of a Personal account

4.1 The following functionality of the Platform is available only to Users who have a User Personal Account and have registered on the Platform: to

interact with Authors through the Platform's functionality and/or conclude contracts with the Authors;
comment on the Author`s Content;
create and fill out the Account Profile;
acquire the Author's status, conclude contracts with the Customers and post the Author's Content on the Platform;
other functionality of the Platform if such is provided for on the Platform's pages and in the text of these Terms of Service and/or other agreements and contracts entered into by and between the Parties.
4.2 Registration shall mean a set of User's actions taken in accordance with the instructions specified on the Platform, including submission of details and other information by the User directly using a special registration form in the Platform's User interface or other means available for registration on the Platform to gain access to the Platform's functionality available to registered Users.

4.3 To register on the Platform, the User must enter an e-mail address into the registration form on the Platform, to which the User receives an Internet link. When clicking on this link, the User must create a unique password. To create a Personal Account and log in to it, the User must enter the e-mail specified during registration and the password.

To create an Account, become an Author and publish Content, the User is additionally required to provide the following information:
An Account name;
A description of the User's profile;
User's account in at least one social network.
4.4 By creating an Account, you acknowledge that:

(i) if you are an individual user, you will use your Account only for yourself and not on behalf of third parties, unless you have obtained our prior written consent; and

(ii) if you are a corporate User (legal entity), your employees and authorized representatives will use your Account only for your benefit and not on behalf of third parties, unless you have obtained our prior written consent.

You are solely responsible for all activities that occur in your Account.

4.5 To receive the Author's Fee and referral payments, you will need to go through an identity verification procedure by providing the Company with certain information about yourself. All information you provide must be complete, accurate and truthful. If this information changes, you must update it promptly.

You authorize the Company to make requests, directly or through third parties, that the Company deems necessary to verify your identity or to protect you and/or the Company from fraud, money laundering, terrorist financing or other financial crimes, and to take any actions that the Company deems necessary based on the results of such requests.

By agreeing to these Terms, at the time of User registration or at any time in the future after registration, the User agrees that in certain cases it may be necessary to conduct a background check on the User, including verification of the User's identity. In this regard, the User authorizes the Company to conduct such checks against him, both directly and with the involvement of relevant third parties - service providers who will conduct such checks on behalf of the Company, and/or using third-party databases and other sources. The Company reserves the right to monitor and review on an ongoing basis any information provided by the User as necessary to comply with any applicable law, regulation, sanctions, embargo, legal process or request of competent authorities.

The User authorizes the Company to conduct the necessary investigations directly or with the involvement of third-party service providers to:

(i) protect the Company, its business partners and counterparties from any illegal actions to which the Company and the Platform may be subject;

(ii) in case of suspicion of legalization (laundering) of proceeds from crime, financing of terrorism, fraud, or other illegal activities carried out through the Platform;

(iii) verify the information provided by the User (if necessary, including, but not limited to, age, residential address, and payment information) and information about the User in third-party databases and other sources;

(iv) as required by applicable law.

The User also agrees that for these purposes, additional information about him (including, but not limited to, information about the business, professional experience, and competence concerning work and services that will be performed or previously performed under the Service Contract) may be requested by the Company in any time deemed necessary. The User agrees to cooperate with all reasonable requests of the Company and authorizes the Company to maintain records of this information.

The Company undertakes to collect and process this information in accordance with the Privacy Policy. The User also expressly agrees that if their identity cannot be verified (regardless of the reason) or relevant information is not provided, or if there are reasonable grounds to suspect that the User's activities are fraudulent and/or criminal, or that the User's use of the Platform may damage the reputation of the Platform, then Operator reserves the right to deny the User access to the Platform and any of its resources, suspend such access or completely stop providing it, as well as suspend the User Personal Account or delete it at any time.

4.6 For correct fulfillment of its Tax obligations by all participants of these relations, both the Platform’s Users and the Company, the Company has the right to additionally request and receive from Users during registration and subsequently, and also the Company may seek independently, information about:

(i) The residence of the User, which may be identified by:

- the billing address of the User;

- the IP address of the device used by the User or any method of geolocation;

- bank details such as the location of the bank account used for payment or the billing address of the User held by that bank;

- the Mobile phone Country Code provided by the User;

- the Utility bill;

- other commercially relevant information.

(ii) Valid EU VAT registration number and tax identification number of the User’s jurisdiction;

(iii) whether the User carries out economic activities/businesses/ is a Business User, in particular, valid certificates: of incorporation, directors and shareholders, registered address, M&A, Extract from the State Register of the Companies, Certificate of Tax residence, etc.;

(iv) For identification purposes; citizen's passport, driver's license, seafarer's identity document, military service card, foreign citizen's passport, or foreign citizen's identity document, in the United States, W-9 and Social Security Number, bank account information, selfie while holding their photo ID.

4.7 Documents specified in the clause 4.6. shall be provided upon request of the Company within a period not exceeding five (5) calendar days. The User's failure to submit the requested details and documents shall be equivalent to the provision of incomplete information by the User during the registration process.

The Company is committed to collecting and processing this information in accordance with the Privacy Policy. The User also explicitly agrees that if the Company is unable to verify their identity (regardless of the reason) or if the User fails to provide the required information, or if there are reasonable grounds to suspect that the User’s activities are fraudulent and/or criminal in nature, or that the User's use of the Platform may damage the Platform's reputation, the Company reserves the right to deny the User access to the Platform and its resources, suspend such access, or fully terminate it, as well as to suspend or delete the User’s Personal Account at any time.

4.8 To register on the Platform and create a Personal Account, the User may use their account on one of the social media services in the list provided in the registration form on the Platform. If the User uses a social media account for registration on the Platform, the information for registration and creation of a Personal Account shall be provided by the User to the Company from the relevant social media platform (the administrator of the social media platform).

4.9 The User may have only one Personal Account on the Platform (except for the case when the User has both the Customer's Personal Account and the Author's Personal Account). Registration and creation of a Personal Account may be performed with the use of one email address or one social media account only once. Re-registration and creation of a Personal Account using an email address or social media account previously used for registration shall not be permitted.

4.10 When filling in the appropriate registration fields or registering using a social media account to register on the Platform, the User must provide only reliable and complete information about themselves, and subsequently keep this information updated.

4.11 The fact of registration on the Platform means that the User accepts the public offer of the Company set out in these Terms and enters a legally significant relationship with the Company on the conditions set out in the Terms, regardless of whether the User acts as an individual natural person or an authorized representative of a legal entity.

4.12 When you register with and use the Platform, you make the following commitments to us:

if you previously had an account on the Platform, 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 that you submit to us is truthful, accurate and complete;
you will update promptly any of the information you have submitted to us as and when it changes;
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 Service.
4.13 If the Company has reason to believe that any User provides false and/or incomplete information about themselves, the Company shall be entitled, at its discretion, to suspend or delete the User’s Personal Account and terminate the use of the Platform by such User (in respect of the Business User under the terms and within the timeframes established by applicable EU legislation). In this case, the Company allows the Business User to clarify the facts and circumstances in the framework of the internal complaint-handling process referred to in the COMPLAINT POLICY.

4.14 If the User information submitted by the User in the documents is not consistent with the information specified during registration, or where the information so specified may not be used to identify the User, the Company shall be entitled to deny the User's access to the Personal Account and the use of functionality available for registered Users.

4.15 The User shall log in to the Personal Account (pass the authorization) using the following Credentials: login – the User's email address and password, specified during the registration process (the password can be changed by the User later through the Personal Account using the tools provided by the Platform. Any User who has registered using a social media account will log in to the Personal Account (pass the authorization) after logging in (if required) to the social media account.

4.16 Any User registered on the Platform shall be solely responsible for the security (effectiveness against guessing) of the chosen means of access to the Personal Account and will ensure their confidentiality. The User shall be solely responsible for all actions (as also their consequences) within or using the functionality of the Platform through their Personal Account or any data used to log in to their Personal Account.

4.17 Any User registered on the Platform shall not transfer any data used to log in to their Personal Account to any third parties under any conditions (including based on contracts or agreements) and shall maintain the confidentiality of such data. While the Company uses reasonable security precautions, you are solely responsible for maintaining the confidentiality of your Personal account and password, for restricting access to your computer and for all activities that occur under your account or password. Please make sure you provide to the Company on registration and at all other times information that will be true, accurate, current, complete and kept up to date to the best of your ability.

4.18 The combination of Credentials is the means of the User’s simple electronic signature. All actions within or using the functionality of the Platform performed using the User's Credentials and the User's Personal Account shall be considered to be performed within the Platform by the User using a simple electronic signature of the User.

4.19 The User must immediately notify the Company of any case of unauthorized access (access not authorized by the User) to the Platform using the Personal Account, as well as of any breach (suspected breach) of confidentiality of their Credentials (or data used to log in to the social media account). If you have reason to believe that your Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you must immediately notify Company at support@lava.top.

4.20 For the basic security requirements when using the Platform, the Company recommends that the User always shut down (log out of) the User's Personal Account after use of the Platform.

4.21 The Company shall be entitled to suspend or delete the User's Personal Account, and to prohibit the User from accessing the Platform using any other Personal Account, in case the User violates the provisions of this Agreement or other terms, contracts/agreements entered into with the User.

4.22 The Company must maintain the confidentiality of the User's Credentials known to the Company.

4.23 When registering on the Platform, Users agree that their personal data may be used in advertising campaigns and on the Site.

4.24 If the User believes that he will no longer use the Platform, we may delete their account. Please note that deleted accounts and content can’t be recovered. You should download a copy of your content from the Platform before deleting your account. To delete your account, contact us: support@lava.top.

General rights and obligations of all Users and the Company

5.1 Any User has a right to use the Platform only if the User is of legal age to do so (including, for registration on the Platform and conclusion of transactions with other Users of the Platform), under laws of the country of residence and has all necessary consents in full compliance with applicable laws, including for purposes of data protection laws (for example, consent of parents, guardians, trustees, or other legal representatives). The representative of the legal entity shall be authorized to use the Platform on behalf of the legal entity by constituent documents or the power of attorney.

If this is not the case, registration on the Platform and use of the Platform is prohibited. If you are not permitted to use the Platform by the laws of your country, you shall not use the Platform. In this case, you shall bear individual liability for the use of the Platform in your country in violation of applicable laws.

5.2 Before using the Platform, any User must read these Terms of Service carefully. By accessing and viewing pages of the Website, downloading any materials, posting on the Website, registering on the Platform, or using the Website and the Platform in any other way, you confirm that you:

(i) are a person who meets the criteria specified in clause 5.1. above;

(ii) have read these Terms of Service, understood all the terms and conditions set out in these Terms of Service without exception, accepted the Terms of Service and given your unconditional consent to the Terms of Service governing your access to and use of the Platform, as well as the interaction between you and other Users based on separately concluded agreements between you and other Users within the Platform.

5.3. Any User must immediately stop using the Platform in any way or by any means if the User:

has not read or does not fully understand the terms and conditions set out in these Terms of Service; or
considers the legal regulation of the relations between themselves and the Company to be unacceptable; or
has not reached the appropriate age and/or has not obtained the approvals/permissions to use the Platform as required in accordance with the applicable laws;
does not understand the result or consequences that the User’s actions upon his acceptance of these Terms of Service may have;
does not agree with the Terms of Service (or any of the terms and conditions set out in the Terms of Service);
is not an authorized representative of the legal entity on behalf of which uses the Platform.
5.4 To access and use the relevant functionality of the Platform, the User must register a Personal account. For registering a Personal account, you must provide certain information, such as an account name and password, and other information. After successful registration, the person becomes a registered User.

5.5 When using the Platform, the User must fully comply with these Terms, as well as provisions of applicable laws, statutes of the law of any other country in which the User accesses the Platform/Personal Account, and also respect any rights and legitimate interests of other Users and any third parties.

5.6 The User must, when interacting through the Platform with the Company and with other Users, proceed from and be guided by the principles of good faith, reasonableness, and decency.

5.7 When using the Platform, the User shall not:

make any attempts to gain unauthorized access to any part or any functionality of the Platform or to any network connected to the Platform;
use any algorithms, methods, techniques, processes, or devices to obtain unauthorized access to third-party information via the Platform; to obtain access, acquire, copy or track any part of the Platform, to reproduce or obtain access in circumvention of the navigation or display system used within the Platform; to obtain or attempt to obtain any materials, documents or information using any means not specifically provided through the Platform;
represent themselves as another person or representative of the organization when interacting with the Company and/or with other Users or third parties;
post any information on behalf of a third party within the Platform without having the appropriate permission/consent;
post or discuss in any form any advertising materials, including links to websites or referral links, without prior approval from the Company;
post any materials or information in violation of third-party rights, including, but not limited to, in the field of intellectual property, copyright, and/or related rights;
post information or materials that may mislead other persons, including, but not limited to, regarding the identity of the User’s Content data;
insult, defame, humiliate, or threaten, or damage the business reputation of other Users or third parties, or infringe their rights in any other way;
post, publish, or distribute any illegal, obscene, harmful information, information that provokes or promotes inter-ethnic or ethnic conflicts, wars, clashes, riots, public unrest, etc.; distribute information that incites racial or inter-ethnic hatred and animosity, disseminate information about military activities and the movement of military units and equipment, etc.
promote criminal or illegal activities using the Platform, including financing of terrorism, extremism, or other similar activities; financing of prostitution, and escort services; provision of sexual services (including access to a webcam);
post instructions for committing criminal or illegal actions, or instructions for committing suicide, post information that may harm the health or development of minors in the public domain;
illegally collect, distribute or process the personal data of other Users and third parties;
distribute any software viruses, Trojans, corrupted files, or any other elements of destructive or misleading nature;
post restricted access information (state or commercial secrets, privacy information of third parties);
use the Platform in any other illegal activities or violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
copy/reproduce the Author`s Content posted on the Platform without the Author’s permission for illegal borrowing, licensing (sublicensing), sale (resale), or other illegal distribution;
post information aimed at infringing on the rights of any minorities;
post any personal information of other Users or third parties without their personal consent;
collect, extract, record, systematize, use, transmit, distribute, copy, reproduce and perform any other actions with respect to information posted by Users on User Account Profiles (including with the use of automatic information gathering or other data processing tools) for purposes other than those provided for by these Terms of Service;
post images and videos containing scenes of animal cruelty or violence against animals;
create multiple Personal Accounts within the Platform (except for the case when the User has both the Customer's Personal Account and the Author's Personal Account);
harvest or collect the email addresses or other contact information of other Users from the Platform to send spam or other commercial messages;
make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Platform, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the above actions related to promotional giveaways (such as raffles and contests), and other similar activities;
decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of the Platform;
use any automated program, tool or process (such as web crawlers, robots, bots, spiders, and automated scripts) to access the Platform or any server, network or system associated with the Platform, or to extract, scrape, collect, harvest or gather Content or information from the Platform.
5.8 The restrictions and prohibitions referred to in clause 5.7. above will apply to any User Content, as well as to any materials uploaded to the Platform (posted on the Platform) by any Users.

5.9 Within the Platform, Users who have a Personal Account shall be able to leave comments on any Author`s Content posted by the Authors. When posting comments (in addition to what is provided for in clause 5.7. above), it is not permitted to:

post comments that are not related to the particular Item of the Author's Content, where the comment is left;
post any messages that do not have any meaning;
post messages aimed at discussing any actions of the Company related to the moderation of comments (if moderation is provided);
use any profane, obscene, abusive, insulting, threatening, or discriminating (on any basis) words and expressions in the comments.
5.10 The Platform will also enable the registered Users to send messages to other registered Users to discuss the Author's Content. Users shall not use this functionality for any other purpose. When using this functionality, Users must fully comply with all the provisions of the Terms of Service and the applicable laws. Any correspondence carried out within the Platform cannot be treated as personal correspondence, and if the User sends a personal message to another User not intending for it to be published on the Platform, the Company shall keep the content of the relevant messages confidential in accordance with applicable law.

5.11 If the Company has reason to believe that the User has violated any of the provisions of this section 5 of the Terms of Service (or any other restrictions and prohibitions provided for by the Terms of Service), the Company shall be entitled, at its discretion, to suspend or delete the User Personal Account, and terminate the using of the Platform by such User (with prior notification of the Business User within the time limits established by the relevant law). In this case, the Company allows the Business User to clarify the facts and circumstances in the framework of the internal complaint-handling process referred to in the COMPLAINTS POLICY.

5.12 The Company may, but we are not obligated to, moderate or review any of the Content to verify compliance with the Terms of Service and/or any applicable law.

5.13 The Company may at any time delete any materials posted by the User (including the Author's Content (any Item of the Author's Content), an image, or a comment) or suspend access to any Content User posts on the Platform which Company becomes aware may not comply with the Terms of Service and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such Content, without needing to obtain any consent from User and without giving User prior notice. In this case, the Company allows the Business User to clarify the facts and circumstances in the framework of the internal complaint-handling process referred to in COMPLAINTS POLICY. The User shall at its own cost promptly provide to the Company all reasonable assistance (including by providing us with copies of any information which was requested) in an investigation. The Company will not be responsible for any loss suffered by the User arising from the suspension of access to Content or any other steps which the Company takes in good faith to investigate any suspected non-compliance or illegality of the Content under this section.

5.14 If we suspend access to or delete any of the Content, the Company will notify the User via email or electronic message to the Personal account.

5.15 Upon termination of the User’s Personal account, the Company may deal with the Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and the User will no longer be entitled to access Content. There is no technical facility on the Platform for the User to be able to access the Content following the termination of the Personal account.

5.16 The Company can investigate any suspected or alleged misuse, abuse, or unlawful use of the Platform and cooperate with law enforcement agencies in such investigation.

5.17 The Company can disclose any information or records in our possession or control about your use of the Platform 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.

5.18 Other than Content (which is owned by or licensed to Authors), all rights in and to the Platform and its entire contents, features, databases, source code and functionality, are owned by the Company and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws.

5.19 The Company is the sole and exclusive owner of any anonymized data relating to your use of the Platform and such anonymized data can be used by the Company for any purpose, including for commercial, developmental and research purposes.

5.20 The Authors can post two types of Content on the Platform:

(1) accessed without Author's Fee (free Content); and

(2) accessed with Author's Fee (paid Content).

The Authors shall at their discretion determine which Content is paid and which is free, and they can also change the mode of access to their Content at their discretion, by making free Content paid and vice versa.

5.21 The Author's offer to sell access to the paid Content under the terms and conditions reflected on the Author's Profile is recognized as a public offer to the Users. The Customer is entitled to accept the Author's offer to provide access to the paid Content by performing conclusive actions, namely - by paying for access to the paid Content under the terms of the Author's offer. Each Author may provide a part of its Author’s Content for an Author’s Fee which is to be determined by the Author on the Platform in accordance with the chapter FINANCE in the INSTRUCTIONS section on the menu of the initial page of the Website. Each Author may provide different parts of their Author’s Content to the Customers for a different Author’s Fee.

5.22 Each Author may determine the Author’s Fee as a single payment per a certain part of the Author’s Content and/or as recurring payments to maintain access to the certain Author’s Content published or to be published on the Author’s Profile as long as such payments are made (Subscription Payment). To calculate and pay for the Subscription, the Platform calculates any week/month/year of the subscription in the Platform's interface as a period of 7/30/365 days inclusive. By initiating the Subscription, the User agrees that subsequent payments under the Subscription will be automatically transferred from the Customer's account according to payment details on the last day of the paid subscription if the Customer does not cancel their Subscription before the payment date.

5.23 Access to the Author's Content paid for by the Customer shall be provided at the time of successful payment by the Customer. In this connection, the Author's service to provide access to the Author's Content shall be deemed fulfilled at the time of payment of the Author's Fee and providing the access to the Author's Content. Access to the Content shall be provided until the expiration of the paid subscription period or deletion of the Content by the Author. The Customer understands and agrees that the Author's service of providing access to the Author's Content will be deemed properly rendered by the Author, including cases when the Author later removes the Author's Content. The Company and the Author do not guarantee the ability to access the Content for an unlimited period.

5.24 Access to the Author’s Content is granted to the Customer for the duration of the Author’s Content being posted on the Platform, but in any case, until deletion of the Personal Account by the User or the Company under the terms of these Terms of Service.

5.25 By entering a Service contract, the Customer freely agrees to pay the Author’s Fee applicable to the relevant Author’s Content in accordance with the pricing published in the Author's account plus any applicable VAT. The Company is authorized to act as a payment agent and to collect, hold, and process the Customer Payment and any applicable VAT, to deduct the Company’s Fee, and to pay out the sums due to the Author and (if applicable) Referring Users, as described in the Terms of Service.

5.25.1. The Customer accepts and agrees that donations by their nature are unconditional and unsolicited and that they are not a payment for any Content, but are intended to express the Customer’s approval of the specific Author. Donations are final and non-refundable, including in the event that the Customer is dissatisfied with the relevant Content. For the avoidance of doubt, donations are made independently of and not in connection with any Customer/Author Transaction for Content.

5.26 The Customer participating in the Customer/Author Transaction acknowledges and agrees that the license of the relevant Content provided under the Service agreement does not result in the Customer acquiring any rights in or to the Relevant Content, which rights shall be retained by the Author of the relevant Content.

5.27 The Author warrants (makes a legally enforceable promise) that it possesses all necessary rights in and to the relevant Content sufficient to license it to the Customer in the territory in which the Customer will be accessing the relevant Content, and has obtained any permissions and consents needed to grant such license.

5.28 Each Author may provide Customers with the opportunity to make donations to such Author in accordance with the chapter FINANCE in the INSTRUCTIONS section on the menu of the initial page of the Website which constitutes an integral part of these Terms of Service.

5.29 Users shall independently fulfill their obligations regarding the Author’s Content including one provided for Author’s Fee, single payments, Subscription Payments and/or donations.

5.30 The User has the right to delete the User’s account. For the Customer, the deletion of the Personal account will take place within a reasonable time following the request. For the Author, once you initiate the “delete account” process your account will remain open until the last day of your Customers' paid Subscription period, following which you will receive your final payment and your account will be deleted. If you are both the Customer and the Author, then your account will be deleted in two stages (Customer’s first and then Author’s).

5.31 Once the Personal account has been deleted the User won't be charged any further amounts or have access to the former Personal account or its Content, and any subscriptions will be deleted and cannot be subsequently renewed.The User will receive an email confirmation upon the successful deletion of the Personal account. Once Personal account has been deleted, the Company may deal with the User’s Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and the User will no longer be entitled to access the Content. There is no technical facility on the Platform for the User to be able to access Content following the termination of the Personal account.

5.32 User cannot transfer the rights or obligations under this Agreement with the Company without the Company’s prior written consent.

5.33 The Company’s rights and obligations under this Agreement can be assigned or transferred by the Company to others. For example, if changes in the Company’s ownership occur (as in a merger, acquisition, or sale of assets) or by law. In addition, the Company may choose to delegate the performance of any obligations under this Agreement to any third party, but the Company will remain responsible to the User for the performance of such obligations.

Terms and conditions of the Agency Agreement between the Author and the Company

6.1 The Author collecting Author’s Fees and/or donations from the Customers via the Platform hereby appoints the Company as the Author’s commercial bill collection agent with the instruction and authorization to act as an intermediary to collect Author’s Fees and/or donations from Customers and remit them to Author in accordance with these Terms of Service.

6.2 From the moment the User is registered as an Author, an Agency agreement is concluded between the Author and the Company on the terms and conditions, set out in this paragraph of the Terms, and is valid for an indefinite period.

6.3 The Company as an agent of the Author performs only actual actions to collect payments in favor of the Author and provides technical support to provide Customers with access to the Author's Content after payment and is not responsible for the Author's Content, its accessibility, order and terms of its provision, and also is not responsible for any actions/omissions of the Author in relation to the Customer or third parties.

6.4 For the Company to act as the Author's agent, the Author shall pay to the Company the Company's Fee in the form of a percentage of any amount received by the Company from the Customer via the Platform. The current percentage of the Company’s fee is set by the Company itself and displayed in the Author's Personal Account. The Company's Fee can be viewed here. The Company’s Fee is by its nature non-refundable.

The Company has the right to change the amount of the Company’s Fee at any time. The changes take effect from the moment of posting information about the new amount of the Company’s Fee in the Author's Personal account.

6.5 The Author and the Company have the right to agree on individual rates for the Agency Fee.

6.6 The Company undertakes to transfer to the Author the funds received from the Customer no later than fifteen (15) working days from the date of receipt of the relevant request from the Author sent through the Personal Account, with deduction of the Company’s Fee and obligatory taxes, if applicable. Payment of the Author's Fee is suspended for the period of consideration of the Customer's request for a refund of payment and (or) the claim of the copyright holder in relation to the Author's Content posted on the Platform, as well as for the duration of the proceedings opened by the bank or payment system. The term for payment of the Author's remuneration may be extended if the Author chooses a method of payment of remuneration, which provides for the conversion of the payment amount into an alternative currency.

6.7 The Company transfers the funds received from the Customer in the manner chosen by the Author, according to the details posted by the Author in the Personal Account. The Author is fully responsible for the correctness and relevance of the specified details, including in case of changes in the details in the interface of the Author's Personal account. If the Author specifies details of other individuals or legal entities to transfer the Author's Fee, the Parties recognize that the Author has instructed the Company to transfer the Author's Fee to such third parties and the Company's obligations to pay the Author's Fee will be considered fulfilled from the moment of transferring the Author's Fee to such third parties.

6.7.1. Typically it takes 1-5 days for the funds to appear in the Author’s bank account. However, if it is the Author’s first transfer of funds since using the Platform, processing may take up to 7 days. If, for any reason, the Company is unable to transfer the funds to the bank account successfully, such funds are generally returned to the Personal Account.

6.8 If the Author in the interface of the Platform has chosen to get the Author's Fee in a currency other than the Consumer's payment currency, the payment of the Author's Fee shall be made with conversion at the internal rate used by the Company taking into account the commissions of financial (banking, credit) and other organizations engaged by the Company to pay the Author's Fee, including in connection with currency exchange.

6.9 The Company has the right to suspend the transfer of funds collected from Customers for transfer to the Author (as well as cancel such collection and return the funds) if, in the opinion of the Company, the funds were received for illegal, unlawful, fraudulent purposes. Suspension of the transfer of funds can be carried out for no more than ninety (90) days. Author agrees that in such cases the Company is not responsible to the Author and the Company can’t be charged any damages. If it was established that funds were received for illegal, unlawful, fraudulent purposes, the Company has the right to return them to the Customer back and refuse to perform any operations with the received payments until the risks of using funds for illegal, unlawful, fraudulent purposes are eliminated. The Company also has the right, at its discretion, to include withheld funds into its income to cover losses caused by illegal actions of the Author.

6.10 The Author understands and acknowledges that the Company, being the Author's agent, transfers to the Author only those funds (minus the Company's Fee and VAT if applicable) that arrived at the Company's account as payment for this Author Fee.

6.11 The Author understands and acknowledges that the Company does not act as an agent for the payment of taxes, insurance and other fees, the Author undertakes to independently pay such taxes and fees in accordance with the requirements of the current legislation of the country of residence of the Author and provisions of paragraph 7 of these Terms.

6.12 The Author agrees that the Company shall under no circumstances be liable to the Author for any losses of the Author related to the performance of the Company's function as an agent under this Agency Agreement.

6.13 The Company has the right to engage third parties, including sub-agents, for the fulfillment of obligations under this Agency Agreement without Author approval.

6.14 In the Personal Account, the User can view reports on their transactions. If a Business User requires a report for tax purposes, they send a request to the Company through their Personal Account.

6.15 Returning Customer payments in case of violation of the terms of the Service contract by the Author, the refund shall be made by the Author themselves. The procedure for refunding Customer payments is specified in section IV PAYMENT REFUND PROCEDURE and constitutes an integral part of these Terms of Service.

6.16 The payment of the Author's Fee shall be made through the Platform, by any method available on the Platform, and the Company in any case does not have any obligations, except for the transfer of the Author's Fee.

6.17 In case the bank or other financial organization recognizes a payment made by the Customer in favor of the Author through the Company as illegal or unreasonable within the framework of “charge-back” (a procedure that allows to dispute the transfer of funds), and returns the corresponding payment to the Customer at the expense of the Company, the Company has the right to demand from the Author compensation for losses caused by such an event, including by withholding the relevant amount and fines paid by the Company, from the Author's Fee.

6.18 The Company or the Author may at any time terminate this Agency Agreement by notice in writing.

6.19 In no event will the Company be liable to the Author for any direct, indirect or consequential damages arising from or relating to this Agreement.

6.20 In no event shall the Company be liable to any third parties (meaning: anyone not party to this Agency Agreement) for any direct, indirect or consequential damages caused by or arising out of any acts or omissions of the Author.

6.21 In the event of any conflict or inconsistency between the terms of this Agency Agreement and other terms contained in the Terms of Service or the Payment Terms, the terms of this Agency Agreement shall prevail.

Tax obligations of the parties to the Agreement (the Company, Customers, and Authors)

7.1 The Company strongly recommends that all Users seek professional advice to ensure they are compliant with the local Tax and VAT rules, based on their circumstances.

7.2 The cost of the services of the Authors and the Company (except Referring Users) is indicated without VAT, which is added to the price of the service and be charged at the current rate as applicable according to the provisions of this Paragraph 7 of the Terms.

7.3 THE AUTHOR OR THE CUSTOMER IS SOLELY RESPONSIBLE FOR TAXATION OF ALL TRANSACTIONS BETWEEN THE AUTHOR AND CUSTOMER UNDER THE SERVICE CONTRACTS EVEN THOUGH THEY WERE MADE VIA AN INTERMEDIARY - THE COMPANY. FOR VAT PURPOSES THE SUPPLIER (THE PROVIDER) OF THE SERVICE TO THE CUSTOMER IS EXCLUSIVELY THE AUTHOR AND NOT THE COMPANY IN ANY CASE.

7.4 Only the Authors themselves may authorize charging Customers in respect of providing access to the Author’s Content, authorize providing access to the Customer, and set the terms and conditions of the Service contracts with the Customer.

The Company is only a payment and technical service provider who only provides a payment processing service and isn’t taking part in providing service by Author to the Customer.

The Company:

1) does not set, either directly or indirectly, any of the terms and conditions under which the service is provided by Author to Customer, and

2) is not, either directly or indirectly, involved in authorizing charging from the Customer in respect of the payment made, and

3) is not, either directly or indirectly, involved in the ordering or providing the Author’s service.

Thus, USERS (NOT THE COMPANY) ARE RESPONSIBLE FOR THE VAT IN RELATION TO PROVIDING SERVICE TO THE CUSTOMER.

7.5 If the Customer (individual or legal entity) is located outside the European Union (“EU”) the transaction will be treated as outside the scope of EU VAT and no EU VAT will be due on this transaction. Taxation of these transactions is carried out in accordance with the applicable tax laws of the Customer's country, and Users (both Author and Customer) are solely responsible for the assessment, accounting, and payment of the relevant taxes, without any participation of the Company.

7.6. If the Customer (individual or legal entity) is located inside the European Union:

7.6.1 It’s the sole responsibility of the User (either the Author or the Customer depending on their tax status and the amount of funds received by the Author for the previous year within the EU) to account for the EU VAT and pay it according to the current EU VAT legislation and regulations applied to these Transactions.

7.6.2 The Author has to provide the Customer and the Company with an invoice that clearly states:

- name of the Author with VAT identification number of the Author (if applicable) as the actual provider of the service;

- scope the service;

- cost of service;

- the amount of VAT according to the VAT reverse charge in the country of destination (country of the Customer) or the VAT of the country of the Author (country of supplier).

7.7 To fulfill their obligations connected with the issue of the Author’s invoices and the Customer’s bill or receipt (cl. 7.7.4. of these Terms). Users can use the Platform VAT invoice/bill generator tool which can be found in the Personal account.

7.8 The Author agrees to keep copies of all VAT invoices and VAT returns in connection with the Author’s earnings on the Platform and will provide the Company with copies of such documents within fourteen (14) days of written request to do so. For the avoidance of doubt, the User must comply with all provisions of VAT legislation and make, give, obtain, maintain and keep accurate, complete and up-to-date records, invoices, accounts and other documents required for the VAT legislation.

7.9 If you are an Author in the EU who is not required to register for VAT in your Member State, then you should monitor the level of taxable sales that you make in your Member State (including any Referral Payments) to ensure you have not exceeded the VAT registration threshold in your Member State. It is your responsibility, as a taxable person, to monitor whether you have exceeded the VAT registration threshold.

Content

8.1. Content of the Company

8.1.1 The User acknowledges and agrees that the Platform and any content that the Company posts itself on the Platform or through the Platform including any trademarks, logos and any service names and all associated intellectual property rights, are the exclusive property of the Company and/or its licensors or suppliers. The Content of the Company may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company. Any authorized use of this Content must follow any guidelines that the Company may provide User from time to time.

8.1.2 The User may not use any metatags or any other hidden text utilizing “LAVA”, “lava.top Platform” or any other name, trademark, or product, or service name of the Company without the Company’s prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the Company.

8.2. Content of the User

8.2.1 By uploading/ publishing / making available Content on Platform and/or using Platform in connection with Content, the User represents and warrants that:

The User is the creator and owner of the certain Content or otherwise has sufficient rights and authority to grant the rights specified herein;

(ii) Content at any time comply with these Terms; and

(iii) Content does not and will not:

- violate any applicable law, rule or regulation or infringe on 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;

- slander, defame, or libel any other person;

- contain any viruses, adware, spyware, worms, or other harmful or malicious code;

- unless the User has received prior written authorization, specifically contains any prerelease or non-public beta software or game content or any confidential information of Company or third parties.

The Company reserves all rights and remedies against any Authors who breach these representations and warranties.

8.2.2 The User shall never upload, post, display, or publish Content on the Platform (“Prohibited Content”) that:

Promotes or refers to harmful or illegal activities, including, but not limited:

Promoting the use or sale of firearms, weapons, explosives, or any items or materials restricted or prohibited by law.
Relates to nitrous oxide, illegal drugs, drug paraphernalia, psychotropic substances, or their precursors as well as other prohibited or restricted in use substances and medicines.
Endangers or exploits individuals including, but not limited:

Promoting self-harm, suicide, abuse, or exploitation.
Relates to escort services, sex trafficking, prostitution, or online sexual services.
Contains obscene or offensive material, including, but not limited:

Representations of sex products, pornographic content, or explicit sexual imagery, including intimate body parts.
Involves minors and/or lacks proper consent, including, but not limited:

Featuring or referring to individuals under 18 years old.
Involving individuals without written consent to use their name or image.
Relates to anyone else's personal data or private or confidential information (for example, phone numbers, location information (including street addresses and GPS coordinates), without that person's express written consent.
Includes deep fakes or manipulated media, including, but not limited:

Content that involves deep fakes or other forms of manipulated media designed to mislead, deceive, or misrepresent individuals or situations. This includes altered images or videos that create false or misleading impressions of individuals.
Promotes fraud or financial misconduct, including, but not limited:

Relates to financial pyramids, schemes promising guaranteed returns, or gambling that offers non-monetary rewards such as merchandise.
Fraudulent activities or misleading financial claims.
Unsolicited commercial and political Content, including, but not limited:

Spam, unsolicited commercial emails, or other forms of unwelcome advertising.
Political campaign materials or advocacy content.
Third-party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job posting or employment ads without the Company’s prior express consent.
Other prohibited Content, including, but not limited:

Any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized materials.
Automated promotion, online valuation services, or the sale of accounts.
Identified as hate speech, extremist and/or that promotes religion, magic, mysticism, or theosophy.
8.2.3 The Author can post Adult Content containing sexual imaginaries or posts on mature themes on the Platform as long as the Author and Author’s Content comply with these terms, and the Content is marked “For adults 18+” for each element of the Content to hide it from minors.

8.2.4 The Company takes no responsibility and assumes no liability for any Content posted, stored or uploaded by User or any third party, or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Platform shall be at your own risk.

The authorized User is solely responsible for the Content to comply with all legal acts.

8.2.5 Enforcement of the Content or conduct rules set forth in these Terms of Service is solely at the Company's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Platform will not contain any content that is prohibited by such rules.

8.2.6 The Company is not liable for any statements, representations or Content provided by our Users in any public forum, personal home page or other interactive area. Company does not endorse any Content or any opinion, recommendation or advice expressed therein, and Company expressly disclaims all liability in connection with Content.

8.2.7 Although the Company has no obligation to screen, edit or monitor any of the Content posted in any interactive area, the Company reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the Platform at any time and for any reason without notice, and User is solely responsible for creating backup copies of and replacing any Content User posts or stores on the Platform at User’s sole cost and expense.

8.2.8 Any use of the interactive areas or other portions of the Platform in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of the User’s rights to use the interactive areas and/or the Platform. At all times Company reserves the right to delete or block any Content in case of any breach or alleged breach of these Terms of Service, as well as in case of repeated violations - to block the Personal account.

8.3 Co-authored Content:

8.3.1 If the Author uploads Content to the Author account which shows anyone else other than or in addition to Author (even if that person cannot be identified from the Content) (“Co-Authored Content”), Author warrants (which means a legally enforceable promise to Company) that each individual shown in any Co-Authored Content uploaded to Author’s Personal account is:

an Author on the Platform; or
a consenting adult and that Author has verified the identity and age of each such individual and will provide supporting documents as Company may request at its discretion.
8.3.2 The Author further warrants that the Author has obtained and keeps a record of written consent from each individual shown in the Co-Authored Content that such individual:

has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and
has consented to the Co-Authored Content in which he or she appears being posted on the Platform.
8.3.3 The Author must tag the Personal account(s) of any person or people appearing in the Co-Authored Content who can be identified from it if these persons are registered on the Platform.

8.3.4 If any Co-Authored Content is a work of joint authorship, the Author is solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on the Platform.

8.3.5 The Author agrees that the Company will only arrange for the Author’s fee to be paid to the account of the Author to which the Co-Authored Content is uploaded. The Author who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the individuals shown in such. Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between the Author and such individual(s), and the Company is not responsible for providing or enforcing any such agreements. User understands and agrees that User is not entitled to any Author’s Fee earned on any Co-Authored Content in which User appears but which is posted on another Author’s account.

8.3.7 If the Author posts Co-Authored Content on the Personal account, the Company may require the Author to provide valid and complete legal information for all individuals who appear in the Co-Authored Content. In the case of the Author`s failure to provide any information upon the Company’s request, the Company may delete the Co-Authored Content, restrict the User’s rights and permissions to post as the Author, terminate the User’s account, and/or withhold all or any portion of Author’s Fee earned but not yet paid to the Author.

8.3.8 User agrees to hold the Company harmless and not to make any claims against the Company arising from Co-Authored Content. User agrees that all claims arising from the Co-Authored Content shall be made against the Author(s) who posted Co-Authored Content or the individual(s) who appeared in the Co-Authored Content (as applicable).

8.4. Each of the parties of the Terms acts as a separate and individual controller of personal data that it processes in connection with the Terms, unless otherwise provided by the Data Processing Agreement.

8.5. Each of the parties of the Terms is obliged to comply with the requirements of the applicable data protection legislation when processing personal data.

8.6. The User, when disclosing personal data to the Platform, is obliged to ensure that there is: (a) a sufficient legal basis for the disclosure of personal data to the Platform and further processing of personal data by the Platform and its partners; (b) a notification of data subjects on the disclosure of their personal data to the Platform and the subsequent processing of personal data by the Platform and its partners.

8.7. In the case when the User uploads Content on the Platform, the processing of personal data contained in the Content is also regulated by the Data Processing Agreement.

Promotion

9.1 Any promotions administered or conducted using the Platform (“Promotions”) are subject to prior separate agreements between the Company and the User and the following rules:

(i) The User may carry out Promotions to the extent permitted by applicable local law and User is solely responsible for ensuring that User and any Promotions comply with all applicable local law obligations and restrictions as well as with any Platform documents;

(ii) The User at his/her own expense, will be solely responsible for all aspects of the Promotion, including, without limitation, the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including, without limitation, filing all necessary registrations and bonds. The Company has the right to remove User’s Promotion from the Platform for any reason.

(iii) The Company is not responsible for and does not endorse or support any such Promotions. The User may not indicate that the Company is a sponsor or co-sponsor of the Promotion.

(iv) All Users should display the following when there is a Promotion on their Profiles:
“This is a promotion from [Profile name]. Advertisement ID (token) is [___] (if applicable). lava.top Platform does not sponsor or endorse these promotions and is not responsible for them”.

(v) Promotions, which User posts on Personal account, shall not:

prejudice respect for human dignity;
include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
encourage behavior prejudicial to health or safety;
encourage behavior grossly prejudicial to the protection of the environment;
cause physical, mental or moral detriment to any person;
directly urge persons to purchase or rent goods or services in a manner that exploits their inexperience or credulity;
directly encourage persons to persuade others to purchase or rent goods or services;
exploit the trust of persons in others; or
unreasonably show persons in dangerous situations;
advertise cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illegal drugs, or any prescription-only medicine;
advertise, promote, or facilitate illegal gambling, and
advertise alcoholic drinks and encourage immoderate consumption of alcohol.
9.2 Users are solely responsible for compliance with the legislation on advertising in their country of residence, proper labeling of advertising and reporting on it. In case the Company is held liable for violations committed by the User when placing advertisements, the Company has the right to recover damages from the User in full, including by withholding them from the Author’s fee, and donations to be transferred to the Author.

9.3 When registering on the Platform, Users agree that their personal data may be used by the Company or third parties for Promotion and advertising companies.

9.4 The Company may choose to promote the User via our Instagram and other social media accounts.

9.5 Ranking on the Platform: the Company randomly suggests a potential Author for a Customer to follow based on the Authors that have earned money on the Platform in the previous thirty (30) days.

Intellectual property rights – ownership and licenses

10.1 The User confirms that they own all intellectual property rights (examples of which are copyright and trademarks) in User’s Content or that User has obtained all necessary rights to his/her Content which are required to grant licenses in respect of User’s Content to Company and other Users. This includes any rights required to engage in the acts covered by sub-section 10.2 below in any territory in which the Platform is accessible.

10.2 If the User distributes or makes available any Content through the Platform, User hereby grants to the Company a worldwide, non-exclusive, royalty-free, perpetual, transferable and fully sublicensable right to use, host, convert for streaming, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the User’s Content, in any form, format, media or media channels now known or later developed or discovered. User grants Company and our sublicensees the right to use the name that User submits in connection with that Content, if the Company or they so choose. This clause shall survive the termination of the Terms for any reason except for the cases when it is prohibited by applicable law.

10.3 This license will allow the Company, for example, to add stickers, text, and watermarks to the User’s Content, to make the User’s Content available to other Users, as well as to use User’s Content for other normal operations of the Platform. The Company will never sell the User’s Content to other platforms, though the Company may sell or transfer any license you grant to us in the Terms of Service in the event of a sale of our Company or its assets to a third party.

10.4 Whilst the Company does not own User’s Content, the User grants the Company the limited right to submit notifications of infringement (including of copyright or trademark) on User’s behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of the User’s Content without the User’s permission. Although the Company is not under any obligation to do so, the Company may at any time submit or withdraw any such notification to any third-party website or service where the Company considers it appropriate to do so. However, the Company does not and is under no obligation to monitor infringements of User’s Content.

10.5 User waives any moral rights which User may have under any applicable law to object to derogatory treatment of any Content posted by the User on the Platform. This waiver does not affect in any way the User’s ownership of any intellectual property rights in the User’s Content or the rights which User has to prevent Content from being copied without the User’s permission. The waiver is intended to allow the Company when dealing with the User’s Content (as permitted by the license which you give us in section 10.2 above) to add watermarks, stickers or text to User’s Content.

10.6 Any User (or a third party) who believes that any part of the Platform (materials available on the Platform, including Author`s Content) violates the rights of the User (or another person in whose interests the User acts) to the result of intellectual activity should send, according to COMPLAINT POLICY, a notice of infringement of copyright and/or related rights using contact information published at the Website.

10.7 No implied licenses or other rights are granted to the User in relation to any part of the Platform, save as expressly set out in the Terms of Service.

Liability of the parties of the Agreement

11.1. Liability of the Company:

11.1.1 Company, our subsidiary companies, employees, owners, representatives, and agents will not be liable for:

any Content posted, stored or uploaded by User or any third party;
any acts or omissions of any User or other third party;
any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity User may encounter;
any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, goodwill or reputation, or loss of anticipated savings suffered by User arising from or in connection with use of the Platform;
loss of data or information, including any Content;
indirect or consequential loss or damage;
any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with User’s inability to use the Platform or any of its services, features or programs; or use of or reliance on any content stored on the Platform;
any loss or damage caused by a distributed denial-of-service attack, virus, malware, ransomware, or other technologically harmful material that may infect User’s computer equipment, computer programs, data, or other proprietary material due to use of the Platform or any of its services, features or programs, or due to User downloading of any material posted on it, or on any website linked to it;
if Content is copied, distributed, reposted elsewhere or its copyright is infringed by another User or any third party;
any disclosure of User’s identity, or any disclosure or publication of User’s personal information by other Users or third parties without User’s consent (also known as “doxing”);
any failure or delay by the Company in complying with any part of the Terms of Service arising from events outside the Company’s reasonable control, including acts of God, communications failure, theft, destruction or unauthorized access to the Company’s records, programs and services. If there is any failure or delay by the Company in complying with any part of the Terms of Service arising from an event outside the Company’s reasonable control then the Company will contact the User as soon as possible to let the User know and the Company will take steps to minimize the effect of the delay.
11.1.2 The Company isn’t liable for any losses of the User related to the use/non-use of the Platform, regardless of whether the Company could have foreseen the possibility of such losses or not.

11.1.3 The Company does not represent or warrant that information, the Content or materials on the Platform, including set forth in Paragraph 7 of these Terms, are accurate, complete, reliable, current, or error-free. No advice or information, whether oral or written, obtained by the User from the Company or through the Platform will create any warranty not expressly stated herein.

11.1.4 The Company is under no obligation to monitor the Content or to detect breaches of the Terms of Service.

11.1.5 The Company makes no promises or guarantees of any kind that the Author or Referring Users will make a particular sum of money (or any money) from their use of the Platform (including the Referral Program).

11.1.6 The Company does not promise that the Platform is compatible with all devices and operating systems. The User is responsible for configuring your information technology, device, and computer programs to access the Platform. The User should use their own virus protection software.

11.1.7 The Company is not responsible for the availability of the Internet, or any errors in the User’s connections, device or other equipment, or software that may occur in relation to the use of the Platform.

11.1.8 The Company’s total liability to the User for any claims arising out of or related to this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to 100% of the total Company’s fees paid by Author to Company in connection with use of the Platform, but no more than 100 Euro.

11.1.9 The Platform or elements/pages/functionality of the Platform may be partially or completely unavailable from time to time due to routine maintenance or other technical works to ensure normal functioning of the Platform. In this case, the Company shall be under no obligation to notify Users and shall not be liable for non-receipt of information by them.

11.1.10 User acknowledges that once the User’s Content is posted on the Platform, the Company cannot control and will not be responsible to User for the use which other Users or third parties make of such Content. The User can delete the Personal Account at any time, but acknowledges that deleting their account will not of itself prevent the circulation of any Content which may have been recorded by other Users in breach of the Terms of Service or by third parties before the deletion of the Personal account.

11.2. Liability of the Users:

11.2.1 The User will be liable to the Company and indemnify the Company for any loss or damage (including loss of profit) the Company suffers as a result of any breach of any provisions of this Terms.

11.2.2 The User agrees to indemnify, defend, and hold harmless the Company and the Company’s Parties from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of the User’s breaches (for example, violation of the rights of any third party, any violation by the User of this Agreement or any other applicable agreements in relation to the Platform using), or any breach of the representations, warranties, and covenants made by User herein.

11.2.3 The Company reserves the right, at User’s expense, to assume exclusive defense and control of any matter for which the User is required to indemnify the Company, and the User agrees to cooperate with the Company's defense of these claims. The Company will use reasonable efforts to notify the User of any such claim, action, or proceeding upon becoming aware of it. The foregoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of the User’s Promotions or Content.

11.2.4 The User (including the Author) understands that they will use the Platform as it is, at their own risk. The Company does not warrant that the User will achieve any results through the use of the Platform.

11.2.5 The User shall be solely responsible for the content of any data created, uploaded, and maintained by the User within the Platform (Personal Account). The Company does not exercise prior censorship of the information posted by the User within the Platform (Personal Account) (including any Content and Author's Content).

Modification, Termination and Suspension of the Agreement

12.1 The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time (for example to reflect updates to the Platform or to reflect changes in the law).

12.2 If the Company changes these Terms, the Company will provide the User with notice of these changes, posting a notice on the Platform. Please check these Terms and any related documents periodically for those changes. The User continued use of the Platform after the posting of changes constitutes the User’s binding acceptance of such changes. The current version of the Terms is available at https://lava.top/en/docs/terms/.

12.3 Each Party may terminate this Agreement at any time by sending the other party an email.

12.4 The Company may immediately, in its sole discretion, without notice terminate this Agreement or suspend access to the User account if:

(i) The User has committed a material breach of the User’s obligations under these Terms or other related documents,

(ii) The User has violated applicable laws, regulations or third-party rights, or

(iii) The Company believes in good faith that such action is reasonably necessary to protect the personal safety or property of Company, Authors or Customers, or third parties (for example in the case of fraudulent behavior of User).

12.5 If the Company suspends access to User’s Personal account or terminates the User’s agreement with the Company and User’s access to the Platform the Company will inform the User about it. During any period when access to the User’s Personal account is suspended, any Customer Payments which would otherwise be due during the period of suspension will be suspended.

12.6 After termination of this Agreement, the User is not entitled to a restoration of the User’s Account or any of the User’s Content. If the User’s access to or use of the Platform has been limited or the Personal Account has been suspended or this Agreement has been terminated by the Company, the User may not register a new Account or access and use the Platform through an account of another User.

Miscellaneous

13.1 If any provision of this Agreement or any guidelines is held to be illegal, void, or for any reason unenforceable, then for both Company and User that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

13.2 Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

13.3 Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only.

13.4 Any actions performed using the Credentials and/or the User's Personal Account are considered to be performed by the User. Any messages sent using the User's Personal Account to the Company or another User are considered to be sent by the User.

13.5 Any emails sent via email with the domain name @lava.top are considered to be sent by an authorized representative of the Company.

II COMPLAINT POLICY

This Complaint Policy was developed in accordance with the fairness and transparency requirements set out in EU Regulation 2019/1150.

Whether or not you are a User of the Platform, you can use this Complaint Policy to alert us to any complaint that you have relating to the Program.

If you have a complaint about the Platform (including any complaint about the Content appearing on the Platform or the conduct of a User), please send your complaint to support@lava.top including your name, address, contact details, a description of your complaint, and if your complaint relates to the Content, the URL for the Content to which your complaint relates.

If you are unable to contact us by email, please write to us at the following address: Kallipoleos, 3, Flat/Office 102, 1055, Nicosia, Cyprus.

Following receipt of your complaint of illegal or non-consensual Content or complaint related to other breaches of our Terms:

1) the Company will take such steps as we consider to be appropriate to investigate your complaint within a timescale that is appropriate to the nature of your complaint;

2) if we require further information or documents from you, we will contact you to let you know;

3) we will in good faith investigate your complaint within fourteen (14) business days;

4) in case of a complaint of copyright and exclusive rights infringement we shall suspend payment of the Author's Fee to the Author in respect of the Author's Content, the posting of which allegedly violates the intellectual rights of third parties, and shall redirect the claim to the Author via the Platform;

5) The term for consideration of the claim by the Author is ten (10) business days from the date of its receipt from the Company. Before the expiration of this term, the Author has the right to submit to us via the Platform or by sending to the Company's e-mail address evidence of the legitimacy of the use (posting) of the Author's Content in respect of which the claim was sent;

6) if we are satisfied that the Content is illegal or non-consensual or the use of the Author's Content violates the intellectual rights of third parties, we will immediately remove such Content, and we will notify you of our decision by email or other electronic message;

7) if we are satisfied that the Content is not illegal or non-consensual, we will notify you of our decision by email or another electronic message.

8) 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@lava.top.

9) If the recipient of a notice of claimed infringement believes that the notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in accordance with the procedures outlined above, the Recipient is permitted to submit a counter-notification The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against the Company relating to the actions taken in response to the counter-notification;

10) It is the strict policy of the Platform to terminate accounts of repeat copyright infringers, when appropriate, and the Company will act expeditiously to remove access to all materials that infringe on another’s copyright.

If you are a User of the Platform, you warrant (which means you make a legally enforceable promise) that you will not make any complaint under this Complaints Policy which is wholly unjustified, abusive, or made in bad faith. If we determine that you have breached this warranty, we may suspend or terminate your User account.

For Complaints of the EU Business Users about:

any alleged non-compliance by us with any obligations affecting you; or
technological issues relating directly to the Platform which affect you; or
measures taken by us or our conduct that relate directly to the Platform and which affect you,
Please submit your complaint to support@lava.top.

Following receipt of your complaint under clause 6 we will:

1) consider your complaint and the follow-up measures that we may need to implement regarding your complaint (including asking you for further information or documents) to adequately address the issue raised;

2) process your complaints within a reasonable time, taking into account the importance and complexity of the issue raised; and

3) communicate to you in plain and intelligible language by email or by message to your Personal Account the outcome of the internal complaint-handling process.

If your complaint under cl. 7 above is not resolved to your satisfaction through our internal complaint-handling process, then you may access the mediation service by contacting:

Cyprus Center for Alternative Dispute Resolution

Kyriakou Matsi 16, Nicosia 1082

https://adrcyprus.com/en/mediation/

You and we will act in good faith throughout any mediation. However, any attempt to reach agreement through mediation on the settlement of a dispute between us will not affect our or your rights to commence legal proceedings at any time before, during or after the mediation process, as such rights are set out in our Terms of Service.

Alternative dispute resolution: The European Commission provides a platform for online dispute resolution (ODR) which you can find at www.ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.

Pre-trial claim procedure is obligatory. Any claim or suits which you have concerning the Company (including those arising out of or related to your Agreement with us) must be filed within one year after the date on which such claim or cause of action arose or the date on which you learned of the facts giving rise to the cause of action (whichever is earlier), or be permanently barred.

The courts of the Republic of Cyprus shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) which you have or which we have arising out of or in connection with your Agreement with us (including its subject matter or formation) or your use of the Platform.

Your agreement with us is governed by the law of the Republic of Cyprus and EU legislation and it will apply to

(i) any claim that you have arising out of or in connection with your Agreement with us or your use of Platform, and

(ii) any claim that we have arising out of or in connection with your Agreement with us or your use of Platform (including, in both cases non-contractual disputes or claims), without regard to conflict of law provisions.

III REFERRAL PROGRAM TERMS

The Company offers a referral program by which existing Users can introduce people who are interested in becoming Authors to the Platform and receive referral payments from the Company which are calculated and limited as described in these Referral Program Terms.

Only Users with a current User account can participate in the Referral Program. If a User's account has been suspended or terminated by the Company for any reason or deleted by the User, that User will not be eligible to participate in the Referral Program.

Each Referring User has a unique referral link (which can be accessed via the User's Personal account) which the Referring User may share with others. When sharing a unique referral link Referring User must not impersonate the Company or give the impression that the User’s referral link is being shared or promoted by the Company. The Referring User must not use Google Ads or any similar advertising platform or search engine advertising service to share or promote the User’s unique referral link. Upon the Company’s request, the Referring User must disclose the methods by which the Referring User shares the unique referral link in the Personal account.

The Referred Author must click on your unique referral link and then register with the Platform using the same browser that they used to click on the User’s unique referral link. If someone registers with the Platform in another way than by using the User’s unique referral link, the Company will not link that account to User referral and no referral payments will be made to Referring User.

The Referred Author must not register a User Personal account on the Platform (whether under the same name or another name) before clicking on User’s unique referral link. If the Referred Author is currently or has previously been a User of the Platform no referral payments will be made to Referring User for the referral.

If the Referred Author sets up more than one Personal account, referral payments will be made to the Referring User on the earnings made by the Referred Author from their first Personal account only. No referral payments will be made to the Referring User on any further Personal accounts set up by the Referred Author.

User agrees that when promoting the Program in any way as a Referring User:

will not give a false impression of the Platform, the services, programs, and content (including Content) made available through the Program, its Users or the Terms of Service; and
will not make any statements that suggest to a potential Author that the potential Author will make a particular sum of money (or any money) from their use of the Program, or any statements regarding the likely number of Customers.
Neither the Company nor the User may persuade anyone to make a payment by promising benefits from getting others to join the Referral Program and promise that high earnings are easily achieved from participation in the Referral Program.

The referral payment is calculated by the Company at the rate and on the terms posted in the Personal Account of the Referral User. The referral payment is determined as a percentage of the sales of the Referred Authors. The referral payment is credited to the Referral User's personal account in the system monthly, on the 15th day of the month following the reporting month.

The Company is obliged to transfer funds to the Referral User not later than fifteen (15) business days from the moment of receipt of the corresponding request from the User sent through the Personal Account.

The Company shall transfer funds by the method chosen by the Referral User according to the details specified by the User in the Personal Account. The User is fully responsible for the correctness and relevance of the specified details, including in case of changes in the details in the interface of the User's Personal Account. In case the Referral User specifies information about other individuals or legal entities to transfer referral payments, the Parties acknowledge that the Referral User has instructed the Company to transfer referral payments to such third parties, and the Company's obligations on payment of referral payments shall be deemed fulfilled from the moment of transferring referral payments to such third parties.

If the Referral User in the Platform interface has chosen to receive referral payments in a currency other than the User's payment currency, payment of referral payments shall be made with conversion at the internal rate used by the Company taking into account the commissions of financial (banking, credit) and other organizations engaged by the Company for payment of referral payments, including in connection with currency exchange.

No referral payments will be made to the Referral User for any referral of the Referred Author that the Company believes is attributable to or managed by the Referral User or is in a commercial relationship with such Referral User. The Referral User will provide any information that the Company requests to enable the Company to determine whether the Referred Author is managed by or relates in any way to the Referral User or whether a commercial relationship exists between the Referral User and the Referred Author.

VAT: all referral fees payable by the Company to the Referral User will include any VAT charged or to be charged on any referral payments, and payable by the Referral User, in accordance with paragraph 7 of the Terms.

The referral payment due to the Referring User on Customer Payments made to the Referred Author in a calendar month will be transferred to the Referring User on or around the first work day of the next calendar month.

If referral payments were made unjustifiably, incorrectly and/or not in accordance with the Terms, as a result of the actual or alleged violation(s) of the Referral User or alleged illegal or fraudulent activity, then the Company has the right to recover the erroneously paid amounts from the Referral User.

The Company may request Referring or Referred Authors (or both) to provide Company with ID and other information reasonably required by Company to verify any referral payment to be made and the person to whom any referral payment should be made. Failure to provide any information requested by Company may lead to Referring User losing the entitlement to referral payments in respect of the relevant Referred Author.

The Company may change any aspect of the Referral Program (including how referral payments are calculated) or discontinue Referral Program at any time, but no change will deprive any Referring User of referral payments already earned based on Customer Payments made to Referred Author before the changes came into effect.

The Company may withhold all or any part of the referral payments due to Referring User but not yet paid out for as long as is necessary to investigate the actual, threatened or suspected breach(es) by Referring User or the suspected unlawful or fraudulent activity (if applicable).

If following investigation, the Company concludes that (i) the Referring User has seriously or repeatedly breached any part of the Terms of Service; (ii) the Referring User has attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for the Company or another User (including actual or possible loss caused to the Company or another User), and/or (iii) all or any part of referral payments due to Referring User result from unlawful or fraudulent activity, the Company may notify Referring User that the Company has forfeited all or any part of referral payments.

The Company may also withhold all or any part of the referral payments due to Referring User but not yet paid out if the Company receives notice that the Referring User has secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on referral payments. The Company undertakes no duty to pay referral payments to third-party lienholders and may withhold referral payment until the lien has been removed.

The Company shall not have any responsibility to the Referring User if the Company withholds or forfeits any payment due to Referring User under the Referral Program where the Company has a right to do so under these Referral Program Terms.

IV PROCEDURE FOR REFUND OF THE PAYMENTS

The Customer has the right to send to the Company through the Customer's Personal Account a request for a refund of the payments made by the Customer for access to the Author's Content, including those made on the Subscription terms, within five (5) calendar days from the date of being granted access to the Author's Content.

The Customer’s request for a refund of payment for the Author's Content is subject to consideration if the Customer specifies in the request specific violations committed by the Author in connection with the provision of the Author's Content, including:

(i) absence of Author's Content in the Platform interface on the page whose content corresponds to the name of the material page;

(ii) the Author's Content does not match the description of the Author's Content posted on the Platform, which does not allow the Customer to use the Author's Content for its intended purpose;

(iii) inability to view the Author's Content due to the failure of the Platform's function to display the Author's Content through the fault of the Author.

The Customer's request for a refund is redirected by the Company to the relevant Author. Within three (3) calendar days from the date of receipt of the request, the Author shall eliminate the violation indicated by the Customer in the request for a refund, or agree to refund the Customer, or send the Company objections to the Customer's request.

If the Author files objections to the Customer's request for a refund, the Company considers the Customer's request and the Author's objections within ten (10) business days of receipt of the Author's objections and decides the validity or invalidity of the Customer’s claims at its sole discretion in accordance with the Terms of Service.

If the Author rectifies the breach within the period specified in clause 3 of this Procedure, the Author shall be deemed to have provided the Customer access to the Author's Content in full and within the prescribed period, and in this case, the Author’s Fee for access to the Author's Content shall not be refunded.

If the Author agrees to refund the payment or does not take any action as provided by clause 3 of this Procedure, the Company shall refund the payment to the Customer after deducting the bank commission of the payment received from the Customer.

Customers may request a refund exclusively from the Author, not from the Company.