Last updated: 16 September 2022
1. Introduction
On Nabloo, creators can create content and the followers can pay to view this content, (collectively, the “Service”).
Access to the Service is conditional on the acceptance of these User Terms and Conditions.
2. Your Service Provider
The entity providing the Service is Eagle Engineering Limited, a company incorporated and operating under the laws of Malta, (company registration number: C 101085) with its registered address 77, Spinola Road, St Julian’s, STJ 3017, Malta. Eagle Engineering Limited is the platform owner and operator of Nabloo.
User Terms and Conditions
– These User Terms and Conditions dictate how each User is to use the Nabloo platform and govern your use of Nabloo and your agreement with us.
– If you have any queries, please email our support team at [email protected]
– Please read these User Terms and Conditions carefully and make sure you understand them. If you do not understand these User Terms and Conditions, or do not accept any part of them, then you may not use the Service.
1. Definitions
The following are defined terms which are used in these User Terms and Conditions
a) “Account” refers to the Users’ profile and designated space on the web-app to view, or post content, created once a User decides to sign in, and it is exclusive to them (only);
b) “Affiliate” means a User who participates in the Nabloo Affiliate Program;
c) “Applicable Terms” refers to these (i) User Terms and Conditions, (ii) Creator Terms and Conditions, (iii) Follower Terms and Conditions; and (iv) Affiliate Terms and Conditions
d) “Business User” refers anyone using the Service for the purpose of his/her trade, business, craft or profession;
e) “Company” refers to Eagle Engineering Limited, a company incorporated and registered in Malta, with company registration number C 101085 and registered address 77, Spinola Road, St Julians, STJ 3017, Malta. Eagle Engineering Limited is the platform owner and operator of Nabloo;
f) “Content” refers to the photographs, videos, messages, live stream and custom content, which is posted by the Creator on their account.
g) “Creator” means a User who has set up a Nabloo account as a Creator, to post Content on Nabloo to be viewed by other Users;
h) “Eagle” refers to Eagle Engineering Limited.
i) “Follower” means a User who is subscribing to a Creator and consequently has access to the Creator’s content.
j) “Follower Online Payment” means any and all payments that a Follower makes as:
– a direct subscription fee when subscribing to a single Creator’s channel;
– a direct subscription fee when subscribing to Nabloo through predefined packages
k) “Private Materials” means any photograph or film taken without the consent or knowledge of the person or persons depicted therein, or to any photograph or film which was never intended for public consumption;
l) “Revenge Porn” means the taking, capturing, sharing (including posting and sharing on the Website) or otherwise memorialisation of Private/Sexual Materials, of another person, without their consent;
m) “Sexual Materials” means any depiction of all or part of a person’s exposed genitals or pubic area, or, in the case of females, of the breasts, or of any content that, when taken as a whole, a reasonable person would consider to be sexual because of its nature;
n) “Subscription” means a Follower’s monthly subscription to a Creator’s account or a Follower’s indefinite subscription through Nabloo’s packages;
o) “User” means any user of Nabloo, whether a Creator or a Follower or both (sometimes referred to as “Users” or “They” or “You”).
p) “Website refers to the Nabloo website [https://nabloo.com] and any of its functionalities.
2. Changes to the User Terms and Conditions
a) We may update the User Terms and Conditions to reflect modifications at any time.
b) The Company shall make a reasonable effort to notify the User when these User Terms and Conditions change. However, the User should always aim to verify these User Terms and Conditions often to ensure they are viewing the latest updated version. The User agrees to be automatically bound by any modifications to these User Terms and Conditions if they are still making use of Nabloo.
c) We reserve the right to update and modify Nabloo at any time and for any reason, especially if changes need to be performed regarding the Services offered on the platform or in the business practices involved or to adhere to any changes in the law and any regulatory requirements. Changes might also arise for there to be enhanced performance, customer service and security on the platform.
d) We will make every effort to provide Users with adequate notice of any major modifications to these User Terms and Conditions. We make no assurances that Nabloo and any of its Content will be continuously available with no interruption.
e) We reserve the right to suspend, withdraw or limit the availability of all or any portion of Nabloo for commercial or operational reasons. If a suspension or withdrawal affects any of the Users, the Company will give them reasonable notice.
3. Nabloo User Account Registration
a) When using Nabloo, you must first sign up and create a Nabloo User Account. Sign up refers to the process of registering. As a registration process, each person must provide accurate and correct personal information, providing their email address, and creating a username and password, exclusive to their account. The person can also choose to sign up through authentication using any of the third-party services offered (i.e., Twitter, Google, or Apple, etc.);
b) The password should be different from other passwords utilized in other websites and must comply with the password composition specifications. Password and account confidentiality is the User’s responsibility;
c) To register, you must be at least 18 years of age and you will be prompted to confirm this;
d) If the laws pertaining to the User require the User to be a certain age higher than 18 to enter into any contract with us, or, to access the type of material found on the Website, the User must satisfy the requirements under the laws of the country where the User resides;
e) The User consents to the submission of any material required by us for the verification of personal details, or other information requested by the Company;
f) Without the consent of all these requirements, the User cannot access the platform Nabloo;
g) We encourage adults to keep track and restrict minor’s internet access by using internet filtering software at all times depending on the laws of the respective jurisdiction.
4. Registration Assurances
a) When a User registers and uses Nabloo, they make the following assurances to us:
i. The User confirms that any account that they had before on Nabloo, was not deleted for any violations of these User Terms and Conditions.
ii. The User confirms that all personal information given is truthful and accurate.
iii. The User confirms that they will update their personal information and inform the Company once any changes take place.
iv. The User confirms that they will keep their account login details in a secure location and not share this with any third party.
v. The User confirms that they will contact us through a dedicated e-mail account at [email protected] without delay once they realize, or if they have reasonable suspicion to believe that someone is using their account in an unauthorised manner.
vi. The User confirms that they will log out once their session is over and to be cautious when logging into their account from any public device so that there is no unauthorised viewing of personal information.
vii. The User confirms that they are responsible for anything that occurs through their Account even in the event of unauthorized use of their Account by any third party. Users are responsible for any activity taking place through their Nabloo User Account. Without delay, any User must inform us of any security breach such as the unauthorized usage of one’s Account.
viii. The User is not permitted to sell, rent, distribute, or allow access to their Account by any third party, even for any administrative use.
5. Customisation of Nabloo User Account
a) The User can further customise their Nabloo User Account:
i. by substituting their username or password;
ii. by adding a profile picture.
b) In case the User forgets or loses their password, they have the “Forgot Your Password?” function that is found at the bottom of the page. Once clicked, the User is then redirected to a page where they can enter the email address affiliated with their personal account, to be sent a link to subsequently change their password.
6. Deletion of Nabloo User Account
a) The User can delete their Nabloo User Account at any time. In this case they have the option to request this at the “Delete Account” section of their profile.
b) Once your Nabloo User Account is deleted, You will not be charged any payment or have any access to your Nabloo User Account.
c) The User will receive a confirmation by email upon the successful deletion of his/her Nabloo User Account.
d) The User can also request this through an email to [[email protected]] indicating that they request account deletion. This must be sent from the e-mail address which is affiliated with the Account.
e) Once a Nabloo User Account is deleted, we will deal the User’s Content according to our Privacy Policy and you will no longer be entitled to access the Content.
7. Nabloo User Account Suspension and Termination
a) Terminations by the User
You may stop using the Service at any time. You can also delete the Service from your Nabloo User Account.
b) Terminations and Suspensions by Us
i. We reserve the right to suspend or terminate a Nabloo User Account, or a User’s access to all or part of the Service immediately and without prior notice if:
(a) You materially or repeatedly breach these User Terms and Conditions;
(b) We are required to do so to comply with a legal requirement or a court order;
(c) We reasonably believe there has been conduct that creates liability or harm to any User, other third party, Nabloo or our Affiliates.
ii. Upon termination of a Nabloo User Account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy and You will no longer be able to access your Content.
iii. We reserve the right to disclose any information or data in our possession about your use of Nabloo to legal authorities in connection with any investigation or alleged illegal activity to protect our rights or legal interests.
iv. With the exception of Content which is owned by or licensed to Creators, all rights in and to Nabloo and its features, databases and source code are owned by us and/or our licensors. Such material is protected by copyright.
c) Notice for Termination or Suspension
We will notify You with the reason for termination or suspension by Nabloo unless we reasonably believe that to do so:
i. would violate the law or the direction of a legal enforcement authority;
ii. would compromise an investigation;
iii. would compromise the integrity, operation or security of the Service;
iv. would cause harm to any User, other third- party, Nabloo or our Affiliates.
d) Effect of Account Suspension or Termination
If your Nabloo User Account is terminated or access to the Service is restricted, You may continue using certain aspects of the Service (such as viewing only) without an account, and these User Terms and Conditions will continue to apply to such use. If You believe that the termination or suspension has been made in error, you can appeal using this form.
8. Nabloo’s Responsibilities
a) We will use all reasonable care and skill in providing the Nabloo platform to you.
b) Your Content may be viewed by persons who recognise your identity.
c) We are not responsible for the authorisation or approval, along with any moderation or reviewing of any Content on Nabloo. To this effect, not all Content appearing on Nabloo necessarily reflect our views.
d) We will not grant any rights, in relation to the Content. This can only be granted from the Creator’s end.
e) By accepting these User Terms and Conditions, each User consents to the Company’s exclusion of responsibility for any personal identification. Users will not at any point have any recourse towards us in this regard.
f) You agree that once your Content is posted on Nabloo, we will not be responsible to You for the use that any third parties may make of such Content.
g) We are not responsible for any inaccurate Content posted by a User.
h) We are not responsible for any scenario where Nabloo is unsupported on any device or operating system. Each User is responsible to arrange their information technology, device, and computer programs in such a way that Nabloo is supported.
i) We encourage the setting up anti-virus software. The Company is not responsible for any technical bugs and viruses which may end up corrupting any User’s device, however Eagle will work to make Nabloo as secure as possible.
j) Each User is responsible for having internet access available to access the platform.
k) Each User must ensure a strong password. We are not responsible for electronic accounts and passwords which become misplaced, un-obtainable or corrupted.
l) Each User consents that although they are able to delete their account at any time, this does not mean that Content which may have been recorded by any other User or third party (in breach of the Terms and Conditions) will stop circulating on Nabloo. Nabloo is not responsible for how Content is utilized by other Users and third parties.
m) We are not responsible for anything that takes place, or does not take place if this is due to reasons beyond Eagle’s reasonable control, such as natural disasters including tornadoes, earthquakes, tsunamis, floods, fires and tropical storms, wars, riots, arson attacks, acts of civil or military authority, or terrorism, fiber cuts, strikes, or shortages in transportation, facilities, fuel, energy, labour, or material, any failure of the telecommunications or information services infrastructure, any hacking or any failure of a computer, server, network, or software.
n) Any right not expressly granted to You in these User Terms and Conditions remains the right of Eagle.
9. User Prohibitions
a) The User can only use their account in a lawful manner and for lawful purposes.
b) The User cannot post defamatory, threatening, harassing or fraudulent content or any Content which encourages or involves illegal activity.
c) The User cannot post content that includes a third party, without obtaining that person’s consent.
d) The User cannot post Content that involves, exploits or harms any persons under 18 years of age.
e) No Content can be posted that refers, encourages, or shows any:
i. firearms, weapons, or any goods whose sale, possession or use is subject to prohibitions or restrictions;
ii. drugs or drug paraphernalia;
iii. necrophilia;
iv. suicide or any form of self-harm;
v. incest;
vi. bestiality;
vii. urine, scatological, or excrement-related material;
viii. escort services, prostitution or sex trafficking, or any similarly obscene material.
ix. violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, extreme fisting, or genital mutilation;
x. intoxication;
xi. revenge porn.
f) There shall be no Content involving references to hate speech permitted (being Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic).
g) There shall be no discriminatory Content, or content involving the sexual objectification of any User or any third party or manipulated sexual content in relation to another User or anyone else (including “deepfakes”).
h) There shall be no Content which contains or refers to anyone else’s personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for Nabloo (passwords and security questions, financial information including bank account and credit card details, biometric data and medical records)
i) There shall be no Content which causes or is calculated to cause inconvenience, or anxiety to any User or third party or which is likely to intimidate, threaten, harass or cause serious offence to any User or third party, or which may cause financial loss to Eagle or its Users or third parties.
j) There shall be no Content featuring: (i) public nudity, which was recorded in or is being broadcast from a country, State or province where public nudity is illegal; or (ii) sexual activities, recorded in or is being broadcast from a public place where members of the public are reasonably likely to see the activities being performed (this does not include outdoor places where members of the public are not present, for example private property such as a private backyard, or secluded areas in nature where members of the public are not present).
k) There shall be no Content that gives the impression that it comes from or is approved, licensed or endorsed by us or any other person or company.
l) There shall be no Content that is used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content;
m) There shall be no Content which involves or promotes third-party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job posting or employment ads without our prior express consent.
n) One cannot use Nabloo to circulate deceptive or misleading Content or content likely to deceive or mislead.
j) No User is allowed to distribute Creator’s Content without authorization, along with other breaches of the creator’s intellectual property rights.
k) No User can impersonate the Company, any of its workers, any User or any other person, or company, or hint that they have affiliations or sponsorships between themselves and the Company or its workers or any other person.
l) No User can post or cause to be posted any Content which is spam, which has the intention or effect of artificially increasing any Creator’s views or interactions, or which is otherwise inauthentic, repetitive, misleading, or low quality.
m) No User can reproduce, print, distribute, attempt to download, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as permitted under the Conditions
n) No User can, knowingly introduce any viruses, trojans, worms, logic bombs or other material into Content which is or may be malicious or technologically harmful
o) No User can decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of Nabloo
p) No User can use Nabloo in a way that could adversely affect the systems or security or interfere with any other User’s use of Nabloo, including the User’s ability to engage in real-time activities through Nabloo.
q) No User can use any automated program, tool or process (such as web crawlers, robots, bots, spiders, and automated scripts) to access Nabloo or any server, network or system associated with Nabloo, or to extract, scrape, collect, harvest or gather Content or information from Nabloo
r) No User can use Nabloo’s name, logo or any related or similar names, logos, product and service names, designs, or slogans other than in the limited ways which are expressly permitted in the Conditions or with our prior written agreement.
10. Intellectual Property
a) You acknowledge and agree that Eagle’s patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, “Intellectual Property”) shall remain their sole property;
b) Nothing in these User Terms and Conditions shall confer in any User a right of ownership or license rights in Eagle’s Intellectual Property. A User cannot contest the Company’s intellectual property rights.
c) The Creator confirms that s/he owns all Intellectual Property in his/her Content or that he/she has obtained all the necessary rights to their Content which are required to grant licenses in respect of his/her Content to us and to other Users.
d) The Creator agrees to grant us a licence to all their Content to perform any act restricted to any intellectual property right in such Content strictly for the purpose related to the operation of the Nabloo platform which may include to reproduce, display, perform, distribute, translate and create adaptations of your Content. This license is perpetual, non-exclusive, royalty-free, sub-licensable, assignable and transferable by us. Once your agreement with us ends and you stop using Nabloo, we do not have to pay You for the licence. The licence will allow us to make your Content available to other Users of Nabloo.
e) We will not sell your Content to other platforms though we reserve the right to transfer any licence you grant to us in the event of a sale of the Company to a third party.
f) You grant us the restricted right to submit notifications of infringement by any third party website or service that hosts or is otherwise dealing with your Content without your consent or permission.
g) In limited circumstances, Nabloo may allow its Creators to register or use domain names that contain the Nabloo trademark however the Creator will not register such a domain name unless the domain name redirects to the Creator’s Nabloo profile or the Creator obtain prior written permission from Nabloo and signs a licensing agreement. Please contact [email protected] for guidance in this regard.
h) You grant us a right to monetize the Content by placing advertisements or charging to view the Content.
11. Limitation of Liability
a) Nothing in these User Terms and Conditions is intended to exclude or limit any party’s liability for: death or personal injury; fraud; fraudulent misrepresentation; or any liability that cannot be excluded or limited by law.
b) To the extent permitted by applicable law, we will not be responsible for losses that were not caused by us for breach of any part of our User Terms and Conditions, any loss or damage that was a reasonably foreseeable consequence of You or a User or third party breaching our User Terms and Conditions, or the Content submitted by any User, or for the defamatory, offensive, or illegal conduct of any User.
c) Business Users only: If you are a Business User to the extent permitted by applicable law, the following limitations of liability will also apply:
d) The Creator agrees to grant us a licence to all their Content to perform any act restricted to any intellectual property right in such Content strictly for the purpose related to the operation of the Nabloo platform which may include to reproduce, display, perform, distribute, translate and create adaptations of your Content. This license is perpetual, non-exclusive, royalty-free, sub-licensable, assignable and transferable by us. Once your agreement with us ends and you stop using Nabloo, we do not have to pay You for the licence. The licence will allow us to make your Content available to other Users of Nabloo.
i. The Company will not be responsible for lost profits, loss of sales or revenues, loss of Content or any other data, loss of opportunity or anticipated savings, indirect or consequential losses, or punitive damages (in all cases whether such losses were foreseeable or not);
ii. The Company will not be liable to you for any loss or damage caused by any virus, malware or other harmful material that may infect your computer or other device;
iii. The Company will not be liable to you if your Content is copied, distributed, reposted or infringed by another User or third party;
iv. The Company will not be able to you for any disclosure of your identity or any personal information;
The Company’s total liability for any claims arising from or relating to the Service is limited to the greater of:
a) the amount of fees that You have paid to the Company in connection with your use of the Service in the 12 months before the date of your notice, in writing to the Company, of the claim or
b) €5,000.
12. Third-Party Links
a) The Service may contain links to third-party websites and online services that are not owned or controlled by the Company.
b) The Company has no control over, and assumes no responsibility for, such websites and online services.
Legal Terms:
1. Severance
If part of these User Terms and Conditions are held invalid or unenforceable, the remainder of the terms will be held to remain valid and enforceable.
2. Assignment
The Company may transfer all or part of these terms to an affiliate or, if Nabloo is sold, to a third party.
3. No Waiver
The failure to exercise or delay in exercising a right or remedy provided by any contract or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies.
4. Conflict
The Company may transfer all or part of these terms to an affiliate or, if Nabloo is sold, to a third party.
5. Governing law
This legal agreement between the Users and the Company is exclusively subject to Maltese law. The Users and Eagle agree that any dispute or claim arising out of this legal agreement shall be settled by the Courts of Malta.
BY ACCESSING OUR WEBSITE AS A CREATOR, YOU AGREE TO THESE CREATOR TERMS AND CONDITIONS
These Creator Terms and Conditions constitute additional Conditions that apply to Users who register on Nabloo as a ‘Creator’ (also referred to as ‘You”). These form part of the User Terms and Conditions with us.
Only individuals can be Creators and once a Creator User Account is created in accordance with these Creator Terms and Conditions, such Creator is bound personally by the User Terms and Conditions. Our relationship is with You as Creator and You will remain legally responsible for ensuring that all Content uploaded complies with the User Terms and Conditions and these Creator Terms and Conditions at all times.
1. Definitions
In these Creator Terms and Conditions, defined terms have the same meanings given to them in the User Terms and Conditions. In addition:
“Creator based model” when the subscription undertaken by the Follower is a direct subscription with the fees decided exclusively by the Creator themselves.
“Creator Income” the share given to the Creator for the content creating.
“Contract between Creator and Follower” the contract entered into between the Creator and its Follower.
“Revenue Stream” the income earned by Nabloo.
“Tax” shall include all forms of tax and statutory, governmental, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of Malta or any other jurisdiction.
“User based model” when the subscription undertaken by the Follower is through the packages offered by Nabloo, where the price corresponds to the number of profiles the Follower will be subscribing to.
“VAT” means Maltese value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction;
The terms ‘User’ and ‘Follower’ may be used interchangeably.
2. Other terms applying as part of the agreement
The following Conditions will also apply to your use of Nabloo:
a) User Terms and Conditions
b) Our Privacy Policy – which informs Users how the Company uses their personal data and other information the Company collects about them.
c) The Contract between the Creator and the Follower – which governs the terms applicable to each Follower/Creator transaction you enter into on Nabloo.
3. Other terms which could apply as part of the agreement
If the Creator is also a Follower, the Follower Terms and Conditions will also apply to the User’s use of Nabloo as a Follower.
4. Revenue Streams: income distribution between Nabloo and the Creator
a) When You use the Creator-based model, Users subscribe to a single Creator’s channel and the Company will charge You a platform fee of 20% out of all Follower Payments (the “Follower Payments”) made to You. The platform fee charged by the Company incorporates the cost of maintaining and running the web-app and the cost for storing your Content which is deducted from the Follower Payments. The remaining 80% out of the Follower Payments is payable to You as Creator.
b) For the creator-based model, the subscription fee is freely defined by Creators with a minimum fee of €9.85 per month and a maximum fee of €199.
c) When : Free access to 3 profiles for 5 days
i. Gold: access to 5 profiles for €19.90 per month
d) Platinum You use the Creator-based model Followers can subscribe to the following Nabloo profile packages:
ii. Free Access: access to 20 profiles for €49.90 per month
iii. Diamond: access to 40 profiles for €79.90 per month
e) When You use the Creator-based model:
i. You can chat to the Followers for free or place a charge anywhere from 0.01€ to 0.50€ per character typed by the Follower. The validation of Your earnings will only happen if You respond to the Follower;
ii. the Follower will be able to buy 1,000 credits with €10 (or buy more credits at €20 or €30 or more, but always in multiples of 10) and will always know Your charges prior to chatting to You. The Follower will be refunded the credits he/she purchased after 10 days if You do not respond to them;
iii. You can sell Content in the chat to Followers. The Company will charge you a 20% fee of all Follower Payments made towards Content you sell in the chat and the remaining 80% of the Follower Payments made towards Content you sell in the chat is payable to You as a Creator.
5. How to set up a Creator User Account
In order to set up an account as a Creator, you will need:
a) To upload a valid ID and two photos of yourself;
b) To add a bank account or payment details of your bank account or a payment method;
c) To upload your valid VAT number, if residing in Malta;
d) Additional information, dependent on your country of residence
6. Conditions regarding Content
In addition to the other sections of the User Terms and Conditions, the following applies with respect to all the Content posted by the Creators:
a) The Creator grants rights for Users who subscribe to them (“Followers”) for their own personal use, and hence the Content is not confidential for the Creator.
b) The Creator warrants that all Content which is posted under their account:
i. adheres to the User Terms and Conditions,
ii. that the Creator has the necessary rights and licensing to their Content.
iii. If the Creator does not own the Content, the Creator has a valid license and all the consents required to distribute this Content and to use and exploit it. Otherwise, when the Creator owns the content, he warrants that he owns the intellectual property rights too.
c) The Creator warrants that the Content is:
i. of acceptable quality, bearing in mind what the Creator posts, what the description of the Content is, the price of the subscription, along with any other circumstances
ii. suitable when taking into the mind the purpose the Follower is viewing the Creator’s content, this having been communicated to the Creator.
iii. accurately described by the Creator.
7. Creator and Follower Transactions
a) Any transactions between the Creator and its Followers are contracts on the terms of the Contract between the Creator and the Follower.
b) Nabloo provides the platform by storing the Content but is not bound by the Contract between the Creator and the Follower.
c) The Creator remains responsible for the Content.
d) As soon as the Creator receives a confirmation from Nabloo, either by logging on the Creator User Account or by email, the transaction between the Creator and its Follower is confirmed and the Creator is bound to allow the Follower to view the Content and use the Follower interaction paid by the Follower.
8. Creator Income
a) All payments received from Followers will be received by a third-party payment provider.
b) Your Creator User Account with your earnings which will become available for withdrawal by You from your Creator User Account.
c) Your Creator User Account will be topped up with your earnings depending on the number of Followers and all amounts will appear in Euro.
d) Your bank may charge You currency conversion to receive the funds. Your e-wallet company may also charge You a fee for accessing the funds.
e) If a Follower makes a successful for a chargeback from their credit card provider in respect of a payment made to You, we may investigate and deduct from your Creator User Account an amount equal to the earnings made by you.
9. Circumstances which warrant withholding Creator’s Earnings
a) Earnings due to You may be withheld if we think that You have breached any part of the User Terms and Conditions or these Creator Terms and Conditions or if we have any reason to suspect that any part of the earnings result from unlawful or fraudulent activity either by You or one of your Followers.
b) We reserve the right to determine which part of the earnings are unrelated to breaches by You of the User Terms and Conditions or these Creator Terms and Conditions or unlawful or fraudulent activity.
c) We will also endeavour that any payments received from Followers which results in forfeited earnings are returned to the relevant Followers who made such payments towards the Creator.
10. Tax Compliance and VATc
a) We recommend that all Creators seek professional advice to ensure adherence to their local Tax and VAT rules on the basis of the situation they find themselves in.
b) As Creator, You warrant that You will at all times comply and adhere with all laws and regulations relating to tax that apply to You. You also warrant that you have reported and will report the receipt of all payments made to You to the relevant tax authority in your jurisdiction.
c) You remain responsible for your own tax affairs and we shall not, in any circumstances be responsible for advising You on your tax affairs.
d) You have a duty to notify us of any tax penalty imposed on you or of any litigation, enquiry or investigation against You in connection with use of Nabloo.
BY ACCESSING OUR WEBSITE AS A FOLLOWER, YOU AGREE TO THESE FOLLOWER TERMS AND CONDITIONS
These Follower Terms and Conditions constitute additional Conditions that apply to Users who register on Nabloo as a ‘Follower’ (also referred to as ‘You”)
The following conditions will also apply to your use of Nabloo:
a) User Terms and Conditions
b) Our Privacy Notice – which informs Users how the Company uses their personal data and other information we collect about You.
c) The Contract between the Creator and the Follower – which governs the terms applicable to each Follower/Creator transaction You enter into on Nabloo.
The following additional terms may apply to your use of Nabloo:
If the Follower has also registered as a Creator, the Creator Terms and Conditions will also apply to the User. The terms ‘User’ and ‘Follower’ may be used interchangeably.
1. Eligibility
By accessing the Website, the Follower states that the following facts are accurate:
a) The Follower is at least 18 years old and has the legal capacity to enter into contractual relationships, hence reaching age of majority.
b) The Follower acknowledges that some Content is of an adult nature and that this does not offend him or her.
c) The Follower knows of the laws which may restrict them from the viewing of Content which is of an adult nature and hence, has the right, under law to view content like this, together with the Company being able to convey this to them. The Follower is also viewing this content from a country which does not prohibit one from doing this.
d) The Follower wishes to view this Content and is voluntarily doing so for private enjoyment.
e) The Follower is not accessing the Website from a place, country, or location in which doing so would, or could be considered a violation of applicable law.
f) The Follower accepts that they know of the content of Nabloo and that it sometimes involves adult material. They consent to take this into account when accepting to view and access content on the web-app.
g) The Follower knows of the laws which may restrict them from the viewing of Content which is of an adult nature and hence, has the right, under law to view content like this, together with the Company being able to convey this to them. The Follower is also viewing this content from a country which does not prohibit one from doing this.
2. Content of subscription
a) The first access to the Website can be completely free, where the User can start to gain familiarity with the Nabloo platform. (In this scenario one would be exposed and able to see an overall view of the creator profiles with a blurring on the content posted. It is then up to the User to then decide whether to subscribe to a Creator directly, paying a monthly subscription fee decided exclusively by the Creator itself, or to subscribe using the various packages offered by Nabloo. Once subscribing, the Follower would then be able to view the entire content of the Creator.
b) Each subscription only gives access to the uncensored exclusive content of the Creator to which the Follower has subscribed to.
c) Along with the choice to subscribe to a Creator directly and hence pay the amount decided exclusively by the Creator itself, the User can also choose to pay for a package, and hence be subscribed to the number of profiles corresponding to the package chosen.
d) The User understands and agrees that we are not responsible for and has no control over the frequency, quality and quantity of content sharing by the Creators, who exercise their activity independently.
e) It is up to the User to research each Creator, in particular relating to their activity on the Website, before subscribing to any subscription.
f) The User may at any time suspend the renewal of his subscription, for any reason, and in case of absence of activity on the part of the Creator.
3. Payment
a) The fees paid by the Follower for subscriptions directly to Creator’s accounts is determined solely by the Creators.
b) Nabloo is then responsible for the pricing of the subscription packages, which according to their price, has allocated a specific number of profiles which the Follower has entire access to.
c) Follower Online Payments are exclusive of VAT, which shall be added at the current rate as applicable to Follower Online Payments.
d) When the User decides to make a payment, they are sent to a secure payment page. They are offered a choice of several methods of payment. If the User decides to use the debit/credit card payment module used on the Website, their payment data will be transferred to the Company Maxpay Limited, which will take charge of the transaction.
e) All the banking data will be processed by a secured payment module, which does not transfer any payment information to the Company.
f) For reasons of security and confidentiality, the Follower is informed that the payment may require validation via connection to third party services.
g) The payment provider will take
i. periodic payments from the Follower’s payment card for Follower Online Payments which are direct Subscriptions to Creators;
ii. immediate payments for Follower Online Payments which are subscriptions to multiple creators simultaneously using the packages offered by Nabloo and
iii. immediate payments from the User’s payment card for Follower Online Payments other than subscriptions. The User authorises and consents to each of these payments being debited using their supplied payment card details.
h) It is automatically assumed that unless a User decides not to renew their subscription a specific Creator’s content, the User is to remain subscribed and hence will have an automatic constant amount debited from their bank account every month. The User must cancel their subscription to no longer be billed for this in the next month.
i) Once a Follower cancels their Subscription, they are still able to view the Creator’s content up until the end of the subscription period. After this period, no more direct payments will be taken from the bank account registered under the relevant Account, unless the Follower chooses a new Creator to subscribe to, or unless he still subscribes to other Creators and the Follower will no longer be allowed to view the content.
j) If the Follower would like to request a chargeback or refund, this may be granted by the Company provided exceptional circumstances exist, in the form of credit. If the User thinks exceptional circumstances are the case and would like a refund, they are to email at this address [email protected] and are to describe the situation and the circumstances warranting this refund. Eagle is under no obligation to provide a refund.
k) In a situation where a Follower believes they have been charged an amount erroneously, they must send an email to [email protected] at most, 30 days from the receiving of the bill. After 30 days, the Follower renounces to his right under this section. Eagle might correct this mistake and compensate for this in the form of credit for future payments.
BY ACCESSING OUR WEBSITE AS AN AFFILIATE, YOU AGREE TO THESE AFFILIATE TERMS AND CONDITIONS
These Affiliate Terms and Conditions constitute additional Conditions that apply to Affiliates (also referred to as You”) and form part of the Applicable Terms. In the event, a conflict arises between the Affiliate Terms and Conditions and any other applicable terms and conditions the Affiliate terms and conditions shall prevail.
WARNING
a) It is not permitted for us or any other Affiliate Referral Scheme participant (including Affiliates and Affiliated Creators) to convince anyone to pay by promising rewards for referring others to the Affiliate Referral Scheme.
b) Avoid falling for claims that joining the Affiliate Referral Scheme will result in significant earnings that are simple to obtain.
c) Despite the fact that we do not need payment from Affiliates in order for them to take part in the Affiliate Referral Scheme, we inform you that you have 14 days from the time you sign this contract to withdraw and receive a refund..
1. Definitions
In these Affiliate Terms and Conditions defined terms have the same meanings given to them in the User Terms and Conditions. In addition:
a) “Affiliate ” is also referred to as “you” or “your” in these Affiliate Terms and Conditions;
b) “Affiliated Creator” means the person who joins Nabloo as a Creator via the Affiliate’s unique referral link;
c) “Affiliate Referral Scheme” means a scheme offered Nabloo, by which existing Users can introduce people who are interested in becoming Creators to Nabloo and receive referral payments from Nabloo which are calculated and limited as described in these Affiliate Terms and Conditions.
The Affiliate Referral Scheme is operated by Eagle Engineering Limited, a company incorporated and operating under the laws of Malta, (company registration number: C 101085) with its registered address 77, Spinola Road, St Julian’s, STJ 3017, Malta. Eagle Engineering Limited is the platform owner and operator of Nabloo.
2. Affiliate Referral Scheme Rules
a) Only Nabloo users who have active user accounts are eligible to take part in the Affiliate referral Scheme. The Affiliate Referral Scheme will not be available to Users whose accounts have been deleted by them or suspended or terminated by us for any reason.
b) In order to receive referral fees under the Affiliate Referral Scheme, you must enter your bank account or payment method information into your User Account page.
c) Every User has a special referral link that they can share with others and that can be accessed through their User account. You must not mimic Nabloo or give the impression that your referral link is being shared or promoted by us when you share your special referral link. You may not share or advertise your special referral link using Google Ads or any other similar advertising platform or search engine advertising service. At our request, you must disclose to us the manner in which you distribute your special referral link in the Bio/Website section of your Nabloo account
d) The Affiliated Creator must first click on your special referral link and then sign up with Nabloo, using the same browser they used to click on your special referral link. We won’t associate a user’s account to your rreferral if they register for Nabloo using a different special referral link than the one you provided, and consequently you won’t receive any referral rewards.
e) Before clicking on your special referral link, the Affiliated Creator must not have created a User account with Nabloo (using the same name or a different name). No referral fees will be paid to you for your referral if the Affiliated Creator is or has ever been a Nabloo User.
f) If the Affiliated Creator creates several User accounts, referral payments will only be paid to you based on the Affiliated Creator’s first User account’s revenues. You won’t receive any referral rewards for any other User accounts created by the Affiliated Creator.
g) Any referral of an Affiliated Creator that we determine to be owned or run by you or to be in a business connection with you will not result in referral fees being paid to you. In order for us to identify whether you own or run the Affiliated Creator or whether you have a business relationship with the Affiliated Creator, you will supply us with any information we need.
h) You agree that when marketing Nabloo in any manner as an Affiliate you will not:
i. create a false impression of Nabloo, the services, programs, and content (including Content) provided through Nabloo, its Users or the Applicable Terms; and
ii. make any claims that would suggest to a potential Creator that it will earn a specific sum of money (or any money) if they use Nabloo, or any claims with respect to the probable number of Followers.
3. Referral Payments
a) After an Affiliated Creator registers as a Nabloo User in accordance with the aforementioned rules of the Affiliate Referral Scheme, the Affiliate will receive a referral payment equal to 5% of any Followers Payments generated by the Affiliated Creator, up to a maximum referral payment from Nabloo to the Affiliate of €50,000 per Affiliated Creator.
This means that if an Affiliated Creator generates Follower Payments with a total value of €1 million or more in the twelve months following the date on which that Affiliated Creator registers as a Nabloo User, the Affiliate’s referral payments for that Affiliated Creator will have a cap of €50,000 overall. However, if the Affiliated Creator generates Follower Payments with a combined value of less than €1 million in the twelve months following the date on which that Affiliated Creator registers as a Nabloo User, then the Affiliate will be paid 5% of the Follower Payments generated by that Affiliated Creator over the course of the twelve months following the date on which the Affiliated Creator registers as a Nabloo User.
Additionally, if an Affiliate refers a person to a Nabloo Profile Package (as described in clause 4.3 of the Creators Terms and Conditions) and consequently the same Person purchases a Nabloo Profile Package, the Affiliate will be paid a one-time referral payment (as listed hereunder) that corresponds to the Nabloo Profile Package purchased by that Follower:
a) : €0
b) : One-time Referral Payment of €10
c) : One-time Referral Payment of €25
d) : One-time referral payment of €35
b) If you are an Affiliate, you should be aware that, with the exception of what is specified in the Creators Terms and Conditions’ section on “Tax compliance and VAT,” all referral payments we make to you will include VAT (as defined in the Creators Terms and Conditions), if it is or becomes chargeable on any supplies you make.
c) You must first select one of the payout options Nabloo offers in the jurisdiction where you reside in order to be eligible to receive referral money. “Payout Options” are the names of these procedures.
d) We will not process payments under €100.
e) Once you have reaches this minimum threshold, on or around the first day of the next month, you will get the referral payment you are entitled to on Follower Payments made to the Affiliated Creator during the previous month (which means, for example, that referral payments due to you in respect of Follower Payments made to the Affiliated Creator in March shall be paid to you on or around 1 April).
f) We, not the Affiliated Creator, are responsible for covering the cost of the referral payment.
5. Circumstances in which we may withhold referral payments
a) We may withhold all or any portion of the referral payments that are owed to you but have not yet been paid out if:
b) We reserve the right to ask you or Affiliated Creators (or both) for identification and any other information we deem reasonably necessary to verify referral payment to be made and the identity of the recipient of any referral payment. If you don’t give us the information we ask for, you risk losing your right to referral rewards for the relevant Affiliated Creator.
c) We reserve the right to modify or withdraw any component of the Affiliate Referral Scheme at any time, but no modification will deprive any Affiliate of referral payments already earned based on Follower Payments provided to Affiliated Creators prior to the modification.
4. Our rights relating to the referral program
a) If referral payments have been made which weren’t due, we have the right to seek restitution from the User to whom the incorrect payments were made.
i. we believe that you have or may have violated any section of the Applicable Terms ;
ii. you attempt to violate or make threats to violate any provision of the Applicable Terms in a way that could be very detrimental to us or another user, including actual or potential loss to us or another user; or
iii. we believe that all or any part of the referral payments due to you are derived from unlawful or fraudulent activity, either by you, by the Follower who made the Follower Payment to the Affiliated Creator which resulted in the referral payment, or by the Affiliated Creator to whom the Follower Payment was paid which resulted in the referral payment;
for as long as required to investigate any breaches by you that are actual, threatened, or suspected, as well as any alleged wrongdoing or fraudulent behavior (as applicable). If, after our investigation, we determine that: (i) you have seriously or repeatedly violated any of the Applicable Terms; (ii) you have attempted or threatened to violate any of the Applicable Terms in a way that has or could cause serious consequences for us or another User (including actual or potential loss caused to us or another User); and/or (iii) all or any portion of referral payments owed to you are the result of unlawful or fraudulent activity, we may notify you that you will have to forfeit all or a portion of your referral fees.
b) If you secure, encumber, pledge, assign, or otherwise permit a lien to be placed on referral payments, we reserve the right to withhold all or any portion of the referral payments promised to you but not yet paid out. We are under no obligation to pay third-party lienholders referral fees, and we have the right to postpone any Creator Income until the lien is released
c) We shall not be liable to you if we withhold or forfeit any money owed to you under the Affiliate Referral Scheme, if we are allowed to do so under these Affiliate Terms and Conditions
d) If we determine that a portion of the referral payments we are holding back for you is unrelated to any violations of the applicable terms by you or any suspicions of illegal or fraudulent activity, we may arrange for you to receive the portion of the referral payments that are unrelated to violations of the applicable terms by you or any suspicions of illegal or fraudulent activity. However, you acknowledge that we may withhold all referral payments owed to you but unpaid and offset such sums against any losses incurred by us if we believe that your breach(es) of the Applicable Terms has(have) or may(may) result in us suffering.
1. This document set out our complaints policy. If you are a User of Nabloo, this Complaints Policy forms part of your agreement with Nabloo.
2. Who we are and how to contact us: Nabloo is operated by Eagle Engineering Limited, a company incorporated and operating under the laws of Malta, (company registration number: C 101085) with its registered address at 77, Spinola Road, St Julian’s, STJ 3017, Malta. Eagle Engineering Limited is the platform owner and operator of Nabloo.
3. Interpretation: In this Complaints Policy, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition, the term “business days” means any day which is not a Saturday, Sunday or public holiday in Malta.
4. Who can use this Complaints Policy? Whether or not you are a User of Nabloo, you can use this Complaints Policy to alert us to any complaint which you have relating to Nabloo.
5. How to make a complaint: If you have a complaint about Nabloo (including any complaint about Content appearing on Nabloo or the conduct of a User), please send your complaint to [email protected] including your name, address, contact details, a description of your complaint and, if your complaint relates to Content, the URL for the Content to which your complaint relates.
6. How we will deal with complaints of illegal or prohibited Content: Following receipt of your complaint of illegal or prohibited Content:
a. we will take such steps as we consider to be appropriate to investigate your complaint within a reasonable time;
b. if we require further information or documents from you, we will contact and you will be required to cooperate and provide such information or documentation in order for us to pursue our investigation;
c. we will notify you with our decision as soon as possible. If we are satisfied that the Content is unlawful or prohibited, we will immediately remove such Content;
d. Any dispute regarding our determination that Content is non-consensual will be submitted by us to a neutral arbitration association at our expense.
7. How we will deal with complaints related to copyright infringement: Nabloo’s Copyright Infringement Policy outlines how we deal with complaints related to copyright infringement.
8. How we will deal with other complaints:
a. we will take such steps as we consider to be appropriate to investigate your complaint within a reasonable time;
b. if we require further information or documents from you, we will contact and you will be required to cooperate and provide such information or documentation in order for us to pursue our investigation;
c. we will in good faith take such actions as we consider appropriate to deal with the issue, however, we are not obligated to inform you of the outcome of your complaint;
9. Unjustified or abusive complaints: If you are a User of Nabloo, you warrant that you will not make any complaint under this Complaints Policy which is wholly unjustified, abusive, or made in bad faith. If reserve the right to suspend or terminate your User account should your complaint be unjustified, abusive or in bad faith.