1.1 Social Ikon was founded with the aim of creating an interactive social network, allowing Users to share and view Content in a safe environment. We do this by hosting the Platform, which showcases our Content Creators and helps Fans find and Subscribe to their favourite Content Creators in order to view the exclusive Content that they create.
1.2 These Terms constitute a contract between all Users of the Platform and/or our Platform Services (you) and Social Ikon. Your use of our Platform is subject to these Terms and by using the Platform you agree to be bound by them. If you do not agree to these Terms, you must not use our Platform.
1.3 By registering an account with Social Ikon as a Content Creator or a Fan, you represent and warrant that:
1.3.1 you are at least 18 years of age;
1.3.2 you accept full responsibility for any Content created or provided by you;
1.3.3 you accept full responsibility for the use of the Platform through your account on any device, whether or not it is owned by you; and
1.3.4 you will fully comply with these Terms and any applicable laws.
Business means a commercial entity that is purchasing the Services in connection with a trade, craft or profession.
2.2 Chargeback means a demand by a credit or debit card provider for Social Ikon to reimburse the loss the credit card provider has incurred because a Fan has disputed any fees paid under a Content Creator Services Contract without justification.
Commission Fee means the fee payable to Social Ikon by Content Creators under these terms as defined in Clause 10.2.
Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession.
Content means any digital media made available by Content Creators to Fans through the Platform.
Content Creator means one of our approved content creators that Fans may engage for Content Creator Services through the Platform.
Content Creator Fees means the fees payable to Content Creators by Fans in return for Content Creator Services, payable to Content Creators in accordance with these Terms.
Content Creator Services means the creation and provision of Content to Fans in return for the Content Creator Fees.
Content Creator Services Contract means the binding agreement between the Fan and the Content Creator for the provision of Content Creator Services in the form of a Subscription or on a Pay as You Go Basis.
Distance Contract means a contract concluded between a Business and a Consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the Business and the Consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the Contract is concluded.
Fans means all users of the Platform that engage Content Creators for Content Creator Services.
Listing(s) means any listing on the Platform created by a Content Creator.
Order means the Fan's initial commitment to a Subscription or series of Subscriptions, submitted following the step by step process set out on the Platform or as otherwise agreed between the parties (‘Ordering’ and ‘Ordered’ shall be construed accordingly).
Pay As You Go means an Order for Content Creator Services on a one-off basis with no further obligations.
Platform means the ‘Social Ikon’ online platform which includes its proprietary domain http://www.socialikon.com/ and all sub domains the web-app associated with that domain as well as any mobile or tablet application operated by Social Ikon.
Platform Services means the services provided by Social Ikon to Fans and Content Creators as defined in Clause 1.1.
Social Ikon/ ‘we’ ‘us’ ‘our’ means the company that provides the Services and maintains this Platform being Ikonic International Ltd, a company registered in England with UK company registration number: 13328191, having its registered office at 27 Cambridge Park, London, England, E11 2PU.
Subscription means a subscription contract for periodic payments made by Fans to Content Creators in return for access to Content, billed on a 30-day cycle (‘Subscribing’, ‘Subscribe’ and ‘Subscribed’ shall be construed accordingly).
Tip means a no-obligations gratuity payment made by a Fan to a Content Creator at any time (‘tipping’ and ‘tipped’ shall be construed accordingly.
User means Fans and Content Creators that use the Platform.
TERMS FOR FANS
3. Account Registration
3.1 Before Ordering Content Creator Services, you will be required to register for an account via the Platform. You remain responsible for all actions and security in relation to your account.
3.2.2 Verification of your age and identity in the form of a photo of you holding valid photo identification;
3.2.3 Contact e-mail address; and
3.2.4 Payment information.
3.3 You can change your details and preferences at any time in the ‘my account’ section of the Platform.
3.4 We may contact you by using e-mail or other communication methods and you expressly agree to this.
3.5 By signing up to a Subscription with a Content Creator you consent to your personal information being shared with that Content Creator. Once this information has been passed directly on to the Content Creator, the Content Creator may contact you via the Platform.
4. Basis of the Content Creator Services Contract
4.1 To Order any Content Creator Services, you must first use the Content Creator Directory function to choose a Content Creator from the Listings available on the Platform and subscribe (either for free or at a cost set by the creator) in order to follow a Content Creator that you like.
4.2 Once you are following or Subscribed to a Content Creator, you may also make Orders for Content from that Content Creator on a Pay as You Go basis.
4.3 The Order process is set out on the Platform. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
4.4 The Content Creator Services Contract will be formed for the Content Creator Services you have Ordered when you receive a notification from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you.
4.5 You will receive the Order Confirmation within a reasonable time after making the Content Creator Services Contract, but in any event not later than the commencement of your Subscription to your chosen Content Creator.
4.6 The description of the Content Creator Services on our Platform does not constitute a contractual offer on behalf of the Content Creator to provide any Content Creator Services to you. When an Order has been submitted on the Platform, we can reject it for any reason, although we will try to tell you the reason without delay. This may be because a Content Creator has rejected the Subscription for some reason, because of unexpected limits on our resources which we could not reasonably plan for or because you have Ordered Content Creator Services in the past and we have received complaints due to your conduct. In such an instance, if payment has already been taken and you have not received the Content Creator Services, we will refund you in full.
4.7 If your Subscription request is rejected by the Content Creator, there will be no further obligation on our behalf and we would encourage you to look for another Content Creator that fits your criteria.
4.8 Once the Content Creator Services Contract has been formed, Social Ikon discharges its responsibilities to you and all contractual matters relating to the performance of the Content Creator Services are between you and the Content Creator. It is therefore of the utmost importance that you communicate any important information relating to your Subscription with the Content Creator, including any preferences you have regarding Content.
5. Content Creator Fees
5.1 The price of the Content Creator Fees are those set out on the relevant Listing on the date of the Order.
5.2 You will be required to pay when using our online checkout service on the Platform by submitting your credit or debit card details with your Order.
5.3 Prices and charges are inclusive of VAT at the rate applicable at the time of the Order, and this is made clear before the Order is completed.
5.4 All Fees must be taken through the Platform. We process payments using our payment gateway provider, SecurionPay, and are subject to their terms and conditions, https://securionpay.com/docs/terms, which are incorporated into these Terms by reference. If you try to make any payment to Content Creators outside of the Platform, we reserve the right to terminate your use of the Platform without notice.
5.5 Our preferred currency is GBP. If Content Creator Fees are not received in in GBP, the conversion is performed by SecurionPay. We are not responsible for any exchange rate rates or charges levied by SecurionPay for such conversion.
6. Cancellation for Consumers
Right to cancel
6.1 The Content Creator Services Contract is a Distance Contract which, if you are a Consumer, is subject to the cancellation rights (Cancellation Rights) set out below. Subject to Clause 3, if you are a Consumer, you can cancel your Order for Content Creator Services by telling us before the Content Creator Services Contract is completed i.e. prior to receipt of the Order Confirmation or within 14 days of Ordering the Services (the “Cooling-off Period”), if you simply wish to change your mind and without giving us a reason and we will issue you with a full refund.
6.2 To exercise the right to cancel the Content Creator Services Contract, you must inform us of your decision to cancel by a clear written statement via the Platform. We will then communicate to you an acknowledgement of receipt of such cancellation without delay.
6.3 These Cancellation Rights change if you have already begun receiving the Content Creator Services at the time of that you serve notice of cancellation under Clause 2 as follows:
6.3.1 If you are provided with a digital download, once you have completed the download, regardless of whether the Cooling-off Period has expired, your right to cancel will no longer be exercisable and no refund will be claimable;
6.3.2 Should you request cancellation of a Subscription within the Cooling-off Period, you shall be entitled to a refund, less the value of the Content Creator Services that have already been performed by the Content Creator up to and including the date which you give notice on a pro-rated basis; and
6.3.3 If the entirety of the Content Creator Services have already been performed during the Cooling-off Period, you will have no right to cancellation or a refund.
6.4 We may terminate your use of this Platform at any time by writing if:
6.4.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
6.4.2 you breach these Terms or the Acceptable Use Policy; or
6.4.3 you demonstrate a pattern of behaviour which in our sole opinion is likely to cause damage to our reputation or cause harm to any other User.
6.5 If we terminate your use of this Platform in the situations set out in Clause 4, we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaching these Terms.
Timing of reimbursement
6.6 If a reimbursement is due under this Clause, we will make the reimbursement without undue delay and in any event, not later than 14 days after the day we receive your cancellation notice.
6.7 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
6.8 If we become aware that a Fan has sought or received a Chargeback, Social Ikon will take additional actions. Any Content which is subject to a Chargeback will be blocked and may result in the Fan’s account being immediately and permanently excluded from the Platform. In addition, Should the Chargeback be successful, the disputed amount may be removed from the Content Creator’s income and the Content Creator will be informed.
7. Duration and termination
7.1 Subscriptions commence once your payment of the for the first instalment is accepted by us and shall continually renew on a monthly basis unless terminated at any time by the user.
To unsubscribe a user must click ‘unsubscribe’ on the profile subscribed to.
If a user has difficulty cancelling a subscription they should contact the platform at [email protected] and the subscription will be cancelled by the Platform and no further payments will be taken.
TERMS FOR CONTENT CREATORS
8. Content Creator Registration
8.1 If you wish to become one of our Content Creators, you must first register for an account through the Platform. We will then assess your application and we may ask you for more details. We will require certain information during the verification process, which may include, but is not limited to:
8.1.2 company number if applicable;
8.1.3 verification of your age and identity in the form of a photo of you holding valid photo identification; and
8.1.4 bank account details.
8.2 If you are registering an account as a Business, you warrant that you are authorised to grant all the licences referred to in these Terms and that you are authorised to bind the Business to these Terms which constitute the entire agreement between us in relation to your use of the Services. You further acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
8.3 Content Creators are permitted to upload content to our Platform through their Listing. By permitting us to upload any Listing to our Platform, the Content Creator grants Social Ikon and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display any part of the Listing and/or to incorporate it into other materials in any form, for commercial purposes.
8.4 Content Creators are permitted to link to their Listing on the Platform via embedded links using a portal provided by Social Ikon.
8.5 If for any reason after accepting an Order for Content Creator Services, a Content Creator wishes to cancel the Order for any reason, they must notify us through the Platform immediately. The Content Creator must then refund the full amount of any Fees received and we reserve the right to charge a small cancellation fee to cover the costs it may incur in processing the refund.
9. Content Creator Obligations
9.1 The Content Creator represents and warrants that:
9.1.1 they and anyone appearing in any Content they upload to the Platform are over the age of 18 and are legally independent;
9.1.2 only themselves or other verified Social Ikon Content Creators shall appear in the Content that they share on the Platform;
9.1.3 they have the necessary authority, rights and licences to submit the Content on the Platform and are not breaching any third-party intellectual property rights by sharing any Content;
9.1.4 they shall not misuse any personal data of Fans shared with them through the Platform in contravention of the Data Protection Laws (defined in Clause 3) or send unsolicited communications to Fans;
9.1.5 they shall not try to circumvent the Platform for financial gain or otherwise;
9.1.6 they shall respond promptly to any and all enquiries from Fans in relation to Subscriptions;
9.1.7 they shall respond promptly to any and all enquiries from Social Ikon when contacted; and
9.1.8 they shall at all times adhere to the Acceptable Use Policy and that they shall not use any threatening or unsuitable language, or display any inappropriate behaviour when dealing with Fans.
9.2 The Content Creator shall indemnify, defend and hold harmless Social Ikon against all losses that Social Ikon incurs or suffers however arising as a result of or in connection with:
9.2.1 the Content Creator's breach of the warranties set out in Clause 1;
9.2.2 the Content Creator's breach or negligent performance or non-performance of any obligations under these Terms;
9.2.3 any damage to reputation suffered by Social Ikon as a result of the Content Creator’s breach of these Terms, the Acceptable Use Policy, or negligence; and/or
9.2.4 any claim made by a Fan or any third party arising out of or in connection with a with the Content Creator Services, to the extent that such claim arises as a result of any breach of these Terms by, or the negligence of, the Content Creator or its staff or contractors where applicable.
9.3.Social Ikon reserves the right to suspend and terminate the use of the Platform by any Content Creator that breaches these Terms or if it receives more than two complaints about any Content Creator from Fans.
10. Content Creator Fees and Premium Packages
10.1 Content Creator Fees are paid by Fans to Content Creators via the Platform.
10.2 In return for providing the Platform Services to the Content Creator, the Content Creator will pay the Commission Fee, calculated at 20% plus VAT of the total Content Creator Fees it receives from Fans in respect of the Content Creator Services.
10.3 Our preferred currency is GBP. If Content Creator Fees are not received in in GBP, the conversion is performed by our payment gateway provider, SecurionPay. We are not responsible for any exchange rate rates or charges levied by SecurionPay for such conversion.
10.4 Payment processing services for Content Creators are provided by SecurionPay and are subject to their terms, https://securionpay.com/docs/terms. By agreeing to these Terms of Business and continuing to use the Platform Services, you agree to be bound by them. Under no circumstances can the services offered by SecurionPay be used in violation of their terms, and any failure to comply by you will be a material breach of these Terms which may result in Social Ikon terminating your use of the Platform.
10.5 All Social Ikon Content Creators are fully responsible for compliance with any applicable local laws and regulations in regard to the Content Creator Fees that they receive from the Content Creator Services including the payment and reporting of any applicable income taxes and VAT. For the avoidance of doubt, Social Ikon is not responsible for Content Creators’ tax payments or any other financial obligation and cannot provide the Content Creators with any advice in this regard.
Nothing in these Terms shall be interpreted as meaning that any Content Creator is an employee of Social Ikon and agrees that all Services provided to Fans are as a self-employed person or as a Business and are therefore excluded from the provisions of the Working Time Regulations and any benefits or rights attributed to employees including, but not limited to, entitlement to paid holiday or leave from Social Ikon.
12. Platform Services
12.1 The description of the Platform Services is as stated on the Platform, marketing e-mails or any other form of advertisement provided by the us. Any description is for illustrative purposes only.
12.2 We reserve the right to make beneficial changes to the Platform Services. This could be to comply with any applicable law, regulation or safety requirements, or to implement minor technical adjustments and improvements, for example to optimise your user experience.
13. Intellectual property
13.1 We are the owner or the licensee of all intellectual property rights in our Platform and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
13.2 “Social Ikon“ is an unregistered trade mark and is legally protected by the laws of “passing off” and “unfair competition”. No rights are granted to Users or any third-parties to reproduce or use our trade mark for any purpose without prior written approval.
14. Viruses and maintenance
14.1 We do not warrant or guarantee that our Platform is free of errors, viruses, Trojan horses or other destructive or contaminating components or content. We provide no warranty or guarantee that our Platform is compatible with your computer equipment and are under no obligation to do so.
14.2 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material or event that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform, the downloading of any content, or on any websites linked to it.
14.3 You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.
14.4 You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack.
14.5 We may, from time to time, temporarily suspend the operation of our Platform with or without prior notice, either wholly or in part for repair or maintenance work or for the purposes of updating or otherwise improving its content, features or functionality.
15. Third-party Links on our Platform
15.1 Where our Platform contains links to other Platforms and resources provided by third-parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked Platforms or information you may obtain from them. We have no control over the contents of those Platforms or resources.
16. Successors and our sub-contractors
16.1 We can transfer the benefit of these Terms to someone else, however we will remain liable to the other for its obligations under these Terms. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
16.2 You may only transfer your rights or your obligations under these Terms to another person or entity if we agree to this in writing.
16.3 No person who is not a party to these Terms shall have any rights to enforce any of its provisions and these Terms can be varied without any third party's consent. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms.
17. Circumstances beyond the control of either party
17.1 In the event of any failure by a party because of something beyond its reasonable control:
17.1.1 the party will advise the other party as soon as reasonably practicable; and
17.1.2 the party's obligations will be suspended so far as is reasonable, PROVIDED THAT that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Fan's above rights relating to delivery and any right to cancel.
ACCEPTABLE USE POLICY
‘we’, ‘us’ or ‘our’ means Ikonic International Ltd;
‘user’ means any registered user of the Platform; and
‘you’ or ‘your’ means any person accessing or using the Platform or its content.
We permit you to use the Platform only for personal and lawful purposes. Use of the Platform in any other way, including any unacceptable use set out in this Policy, is not permitted.