Terms of Use

Please read carefully the following provisions of this Terms of Use. The present document made by DevTech Innovations Ltd (Reg. No. 239946) establishes the general terms and conditions of use of "Ton.Place", legally binding for all the users accessing or using the "Ton.Place" by any means.

BY USING THE WEBSITE, YOU AGREE TO THESE TERMS. PLEASE READ CAREFULLY.

1. These Terms of Use apply to your access and use of Ton.Place. By accessing or using the site, you agree to be bound by these Terms of Use. If you do not agree to these terms and conditions, please do not use this site.

2. Definitions:
   1. We call our website "Ton.Place", including access via URL https://ton.place;
   2. Content means any material uploaded to Ton.Place by any User (whether Creator or Subscriber), including any photos, videos, audio (such as music and other sounds), materials, text (such as comments and hashtags), metadata, images, interactive features, emoticons, GIFs, memes and any other materials;
   3. Creator means User who has set up their Ton.Place account to publish Content on Ton.Place for other Users to view;
   4. Subscriber means a user who is subscribed to the Creator and/or can view the Creator's Content;
   5. Subscriber/Creator Transaction means any transaction between a Subscriber and a Creator on Ton.Place which provides access to the Creator's Content, including (but not limite to) one of the following ways: subscription, payments made by the Subscriber to view the Creator's Content with pay-per-view;
   6. Subscriber Payment means any and all payments made by the Subscriber to the Creator;
   7. Inviting User means a User who participates in the Ton.Place referral program;
   8. Subscription means a Subscriber's subscription to the Creator's account (paid or free, for one month or indefinitely) or to a certain type of Creator's content (paid or free, for one month or indefinitely);
   9. Sponsor (personal) Subscription means a Subscriber's subscription to a certain type of paid content of the Creator
   10. User means any Ton.Place user, whether it's Creator, Subscriber, or both.

3. For inquiries, including product related inquiries or any other questions regarding Ton.Place, send us an email at support@ton.place.

4. We may change any part of the Terms without prior notice, especially in the following cases:
   1. to reflect changes in laws and regulatory requirements that apply to Ton.Place and Ton.Place services, functions and programs, if such changes require that Ton.Place to change its terms;
   2. to eliminate the unforeseen and imminent danger associated with protecting Ton.Place, Creators or Subscribers from fraud, malware, spam, data leakage or other cybersecurity risks;

5. As soon as any updated Terms take effect, you will be required to comply with them if you continue to use Ton.Place.

6. We can update and change Ton.Place for any reason, as well as change the design of the Ton.Place, its content, functionality, modify or supplement the scripts, software and other objects used or stored on Ton.Place, any server applications at any time with or without prior notification. We do not guarantee that Ton.Place or any of its Content will always be available or available without interruption. We may suspend, revoke or restrict the availability of all or any part of the Ton.Place for business or operational reasons.

7. Registration in Ton.Place:
   1. To use Ton.Place, you must first register and create a User account on Ton.Place. You must authenticate using a valid Telegram or Google account.
   2. To register as a User:
      1. you must be at least 18 years old;
      2. if the laws of the country or state/province where you reside allow you to only be legally bound by a contract with us if you are over the age of 18, you must be old enough to be legally bound by a contract with us in accordance with the laws of the country or state/province where you reside;
      3. according to the laws of the country or state/province where you are located, you should be allowed to join Ton.Place and view any Content available on it, as well as use any functions provided by it;
      4. you must provide other information or verification data (documents) that we require.
   3. If you do not meet the above requirements, you must not access or use Ton.Place.

8. Your obligations to us. When you register and use Ton.Place, you assume the following obligations to us:
   1. If you previously had a Ton.Place account, you confirm that your old account has not been closed or suspended by us because you violated any of our Terms.
   2. Make sure that all the information you provide to us is true, accurate and complete.
   3. You will promptly update us on the changes of any information provided to us.
   4. You consent to receive messages from us in electronic form, including by e-mail, in the Telegram messenger and in private messages in your Ton.Place account, as well as consent to the processing of your personal data.
   5. You will keep your account data confidential and secure, including your user data and any other information that is part of our security procedures, and you will not disclose it to anyone else. You will contact support@ton.place immediately if you believe that someone has used or is using your account without your permission or if your account has been subjected to any other security breach. You also agree to log out of your account at the end of each session and take extra care when accessing your account from a public or shared computer so that others cannot access, view or record your password or other personal information.
   6. You are responsible for all actions in your account, even if, contrary to the Terms, someone else uses your account.
   7. You agree to fully comply with these Terms of Use for all Users and all other parts of the Terms applicable to your use of Ton.Place.

9. Our rights, including suspension or termination of your account:
   1. We may, but are not obligated to moderate or review any of your Content to verify compliance with the Terms or any applicable legislation.
   2. We will remove any Content if it does not comply with the Terms or any applicable legislation.
   3. Our policy is to suspend access to any Content you post on Ton.Place, which, as we have become aware, may not comply with the Terms or any applicable legislation while we investigate the inconsistency or illegality of such Content. If we suspend access to any of your Content, you can request a review of our decision to suspend access to the relevant Content by contacting us at the email address support@ton.place. After our investigation into the alleged inconsistency or illegality of the relevant Content, we may take any action that we deem appropriate, including restoring access to the Content or permanently deleting or disabling access to the relevant Content without the need to obtain any consent from you and without prior notice. You agree that, at your own expense, you will immediately provide us with all reasonable assistance (including by providing us with copies of any information we request) in our investigation.
   4. We are not obligated to notify you of the deletion or suspension of content or account.
   5. We reserve the right, at our sole discretion, to terminate our agreement and your access to Ton.Place for any reason. We may also suspend access to your user account or terminate your agreement with us and your access to Ton.Place immediately and without prior notice:
      1. if we believe that you have seriously or repeatedly violated any part of the Terms or if you attempt or threaten to violate any part of the Terms in a way that could have serious consequences for us or another User;
      2. if you take any action that, in our opinion, has caused or may cause us to suffer losses, or otherwise damage the reputation of Ton.Place.
   6. During any period when access to your User account is suspended, any Payments that would otherwise be due during the suspension period will be suspended, and we may withhold all or part of the Creator's Income owed to you but not yet paid.
      1. After the termination of your account, we may treat your Content in any appropriate way (including its deletion), and you will no longer have access rights to your Content. Ton.Place does not have the technical means that would allow you to access your Content after the termination of your account.
      2. We may investigate any alleged or committed misconduct, abuse or illegal use of Ton.Place and cooperate with law enforcement agencies in such an investigation.
      3. We may disclose any information or records in our possession or under our control about your use of Ton.Place to law enforcement agencies in connection with any law enforcement investigation of any illegal or alleged illegal activity, to protect our rights or legitimate interests, or in response to a lawsuit.
      4. We may change the third-party payment providers used to process payments on Ton.Place
      5. With the exception of Content (which is owned by the Creators or licensed to them), all rights to Ton.Place and all its contents, functions, databases, source code and functionality belong to us and/or our licensees. Such material is protected by copyright and may be protected by trademark laws, trade secrets and other intellectual property laws.
      6. We are the sole and exclusive owners of any and all anonymous data related to your use of Ton.Place, and such anonymous data may be used by us for any purpose, including commercial purposes, development and research purposes.

10. We are not responsible or liable in any way for any of the following. We will exercise reasonable care and provide you with access to Ton.Place, but there are certain things for which we are not responsible or liable, namely:
    1. Content on Ton.Place, and the views expressed by the Creators or Subscribers on Ton.Place, do not necessarily reflect our views.
    2. We do not grant any rights to you with respect to the Content. Any such rights can only be granted to you by the Creators.
    3. Your Content can be viewed by people who recognize your identity. We will not be responsible or liable to you in any way if you are identified by your Content.
    4. All Content is created, selected and provided by Users, not by us. We are not responsible for viewing or moderation of Content, nor do we select or modify Content that is stored or transmitted via Ton.Place. We are not obligated to monitor the Content or identify violations of the Terms.
    5. You agree that you are not obligated to follow any suggestions, comments, feedback or instructions received from another Ton.Place User, and that if you decide to do it, you do it solely at your own risk.
    6. We do not make any promises or guarantees of any kind that Creators, Subscribers or Users will receive a certain amount of money (or any money, any benefit) from using Ton.Place (including the Ton.Place Referral Program).
    7. Materials that we make available on Ton.Place for users, are intended for general information only. We make no promises or guarantees regarding the accuracy of such materials or that Users will receive any specific result or result from the use of such materials.
    8. We don't promise that Ton.Place will be compatible with all devices and operating systems. You are responsible for configuring your information technologies, devices and computer programs to access Ton.Place. You must use your own virus protection software.
    9. We are not responsible for the availability of the Internet or any errors in your connection, device or other hardware or software that may occur in connection with your use of Ton.Place.
    10. Although we are trying to ensure the safety of Ton.Place and the absence of bugs and viruses, we cannot promise that this will be the case, and we have no control over the Content provided by the Creators.
    11. We are not responsible for any lost, stolen or compromised user accounts, email accounts or any subsequent unauthorized activity or unauthorized payments or withdrawals.
    12. You acknowledge that after your Content is posted on Ton.Place, we will not be able to control and will not be responsible to you for the use of such Content by other Users or third parties. You may delete your account at any time, but you acknowledge that deleting your account does not in itself prevent the distribution of any of your Content that may have been recorded by other Users in violation of the Terms or by third parties prior to the deletion of your account.

11. Intellectual Property rights – ownership and licenses:
    1. You acknowledge that you own all intellectual property rights (examples of which are copyrights and trademarks) to your Content or that you have obtained all rights to your Content necessary to grant licenses in relation to your Content to us and other Users.
    2. You agree to grant us a license with respect to all of your Content to perform any actions limited by any intellectual property rights (including copyrights) to such Content, for any purposes reasonably related to the provision and operation of Ton.Place. Such actions include the reproduction, provision and dissemination to the public, demonstration, performance, distribution, translation and creation of adaptations or derivative works of your Content, as well as other actions with your Content.
    3. You waive any moral rights you may have under any applicable law to object to derogatory treatment of any Content posted by you on Ton.Place. This waiver does not in any way affect your ownership of any intellectual property rights to your Content or the rights you hold to prevent your Content from being copied without your permission. The waiver is intended to allow us to add watermarks, stickers or text to your Content when working with your Content.

12. Referencing Ton.Place.
    1. You may reference the Ton.Place homepage provided that you do it in an honest and legal way, do not damage our reputation and do not use it to your advantage, but you must not post the link in such a way as to offer any form of association or approval on our part.
    2. If you are a Creator, when promoting your Creator account, you must comply with our Terms and Conditions and the terms of any other website on which you place the link or otherwise promote your Creator account. When promoting your Creator account, you should not impersonate Ton.Place or give the impression that your Creator account is being promoted by us if it is not.
    3. If Ton.Place contains links to other sites and resources provided by third parties, these links are provided only for your convenience. Such links should not be interpreted as approved by us. We do not control the content of these sites or resources and are not responsible for them or for any loss or damage that may arise as a result of you using them. If you decide to access any of the third-party websites associated with Ton.Place you do this solely at your own risk and in accordance with the terms of use of such websites.

13. Who is responsible for any loss or damage suffered by you.
    1. We and our subsidiaries, employees, owners, representatives and agents are not liable to you for any lost profits, loss of business or income, business interruption, loss of business opportunities or loss of expected savings incurred by you as a result of or in connection with your use of Ton.Place.

14. General. You agree that:
    1. If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
    2. If we fail to enforce any aspect of your agreement with us, it will not be a waiver of rights;
    3. We reserve all rights not hereby expressly granted to you.
    4. You may not transfer your rights or obligations under the agreement with us without our prior written consent.
    5. Our rights and obligations under your agreement with us may be assigned or transferred by us to other persons. For example, this may happen in the event of change in our ownership (for example, in a merger, acquisition or sale of assets) or by law. In addition, we may delegate the performance of any of our obligations under your agreement with us to any third party, but we will be responsible to you for the performance of such obligations.
    6. The terms constitute the entire agreement between us and you regarding your access to Ton.Place and its use and supersede any and all previous oral or written agreements or agreements between us and you.
    7. You acknowledge that you are aware that some Content is on Ton.Place contains adult content, and you agree to take this into account when deciding where to access and view the Content. We will not be liable to you if you suffer any loss or damage as a result of your accessing or viewing adult Content in such a way that you violate any contract that you have entered into with a third party (for example, your employment contract) or in violation of any applicable law.

Payments

15. Subscriptions and purchases. This section describes the conditions applicable to transactions.
    1. All Transactions are contracts between Subscribers and Creators. Despite the fact that we facilitate Subscriber/Creator Transactions, providing the Ton.Place platform and storing the Content, we are not a party to a standard Agreement or any other agreement that may exist between the Subscriber and the Creator, and we are not responsible for any transactions of Subscribers and Creators.
    2. Users are solely responsible for determining (within the parameters of Ton.Place pricing) Prices applicable to Subscriber/Creator Transactions and Content to which you may be granted access.
    3. Subscriber payments do not include VAT, which must be added at the current rate applicable to Subscriber payments.
    4. To be able to enter into any Subscriber/Creator Transaction, you must first top up the balance in your profile, and then purchase the subscription in the profile of a certain Creator.
    5. You authorize us and our subsidiaries to provide your payment card details to a third-party payment provider to process your payment. All payments by the Subscriber will be charged in TON or Euro. Your payment card provider may charge you a currency conversion fee. We have no control over the exchange rates or fees charged by your payment card provider or bank, and we and our subsidiaries will not be responsible for paying any fees or commissions charged by your payment card provider or bank.
    6. The payment provider will accept periodic payments from your payment card for Subscriber/Creator or User payments, and immediate payments from your payment card for Subscriber payments.
    7. You authorize and agree to the charges related to each of the payments using the payment card data provided by you, or using the TON wallet data.
    8. If you cancel your Subscription, you will still be allowed to view the relevant Content of the Creator until the end of the subscription period in which you canceled the subscription, after which no further payments will be charged to your payment card in respect of subscriptions to this Creator's profile (unless you decide to pay for a new Subscription to this Creator's profile), and you you will no longer be able to view the corresponding Content of the Creator.
    9. You agree that you will not make unreasonable refund requests in relation to any Subscriber/Creator Transaction, or unreasonable requests for a refund from your payment card provider in relation to any Subscriber/Creator Transaction. If we believe that any refund request has been made by you in bad faith, we have the right to suspend or delete your user account.
    10. You agree that Ton.Place fulfills its obligations at the moment when it provides the user with access to content by subscription.
    11. You can make an advance payment on Ton.Place that you can later use for payments. Purchases on Ton.Place cannot be divided, payment is made in full, either using a payment card, or balance, or using a wallet based on the TON blockchain, depending on the payment options for a particular subscription for content on the platform at the time of payment. The balance has a maximum amount limit, which is determined by us from time to time.
    12. Ton.Place does not engage in currency or cryptocurrency exchange, conversion, or other financial and exchange operations. Withdrawals of funds earned in Euros are made in Euros. Withdrawals of funds earned in TON are made in TON. By mutual agreement between Ton.Place and the Creator, withdrawal of funds in a currency other than those mentioned above is permitted.
    13. Suspension of your user account. If we suspend your User account in accordance with our rights under the Terms, then any Subscriber payments that would otherwise be due during the suspension period of your user account will be suspended during the suspension period of your user account.
    14. You agree that you will not sell content, get tips, do any other payment transactions that can be evaluated as fraudulent or intended to deceive or mislead.

Acceptable Use Policy

16. This Policy applies to your use of Ton.Place and all Content on Ton.Place and is part of your agreement with us. This Policy defines what is allowed and what is prohibited on Ton.Place.
    1. Do not use Ton.Place, except for personal purposes, and do not sell, rent, transfer or share your account or any Content obtained as a result of your use of Ton.Place, to anyone or with anyone.
    2. Use Ton.Place only in such a way and for purposes that are legitimate.
    3. Do not upload, publish, or display Content on Ton.Place that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, as well as encouraging or promoting violence or any illegal activity.
    4. Do not use Ton.Place in any way that may exploit, damage or attempt to use or harm any person under the age of 18, for example by exposing them to inappropriate Content.
    5. Do not upload, publish, or display Content on Ton.Place that shows, includes, or relates to:
       1. any person under the age of 18 (or whatever applies to persons under the age of 18 in general);
       2. any other person, unless you have written documents confirming that all persons shown, included or mentioned in your Content are at least 18 years old, and you have the written consent of each person to use their name or images (or both).
    6. It is forbidden to Show, promote, advertise or refer to:
       1. firearms, weapons or any goods the sale, possession or use of which are subject to prohibitions or restrictions;
       2. drugs or drug paraphernalia;
       3. self-mutilation or suicide;
       4. incest;
       5. bestiality;
       6. violence, rape, hypnosis, intoxication, sexual violence, torture, sadomasochistic violence or hard bondage, extreme fisting or mutilation of the genitals;
       7. necrophilia;
       8. urine, scatological materials, excrement, blood;
       9. “revenge porn” (any sexually explicit material involving any person who has not given prior, explicit and fully informed consent for this material to be taken, captured or otherwise perpetuated, or posted and distributed on Ton.Place);
       10. pornographic content or materials that depict sexual intercourse and/or show genitals in close-up;
       11. escort services, sex trade or prostitution;
       12. contains unwanted sexual content or unwanted language that sexually objectifies another User or someone else without consent, or contains fake or fabricated sexual content against another User or someone else (including "deepfakes");
       13. hate speech (being Content intended to denigrate, humiliate, dehumanize, attack, threaten or incite hatred, fear or violence against a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, gender, gender identity or expression, sexual orientation, age, disability, serious illness, veteran status, or any other protected characteristics);
       14. contains or has references to someone's personal data or personal or confidential information (for example, phone numbers, location information (including addresses and GPS coordinates), names, identity documents, email addresses, login credentials for Ton.Place, including passwords and security questions, financial information, including bank account and credit card details, biometric data and medical records) without the explicit written consent of this person;
       15. content depicting public nudity if it was recorded or broadcast from a country, state or province where public nudity is illegal;
       16. content demonstrating sexual acts, if it was recorded or broadcast from a public place where members of the public are reasonably likely to see the actions being performed (this does not include outdoor areas where members of the public are not present, for example, private property such as a private backyard, or secluded places in nature where there are no public members);
       17. casino, slot machine hall, gambling, including betting or winning in the form of non-monetary property, such as merchandise in online gambling;
       18. earnings that offer a specific income for a specific period of time, offer guarantees, refer to success stories, or claim to be safe and risk-free;
       19. financial pyramids or calls to participate in them;
       20. human trafficking, forced labor, or sexual exploitation or any other form of trafficking-related activity;
       21. the exploitation of minors or non-consenting individuals;
       22. contains attempts to recruit, harbor, transport, or receive persons for the purpose of exploitation.

17. It's prohibited to:
    1. post or promote third-party commercial activities or sales, including digital currency sales, cryptocurrencies, NFT or any other digital services or goods, as well as contests, lotteries and other platforms for profit, product placement, advertising, job advertisements or job advertisements;
    2. any attempts to lead off the platform, advertise, direct to or ask to switch to another platform, website, messenger or social networks even if they belong to the same founder
    3. post information about payment methods for Content not verified by the Ton.Place platform (for example, payment by transfer to a personal card, etc.) on your own page (in groups), on the pages of other Users (comments), in personal messages;
    4. attempt to launder money in any way or commit fraudulent activities including payments with stolen cards or any other way;
    5. ask users to switch to another platform (website, application, social network, messenger) to purchase content, pay for subscriptions and other actions entailing financial and/or other real and/or potential benefits.

18. Do not use Ton.Place to harass, intimidate, insult or threaten someone.

19. Don't use Ton.Place to deceive or mislead any other User.

20. Respect the Creators' intellectual property rights, including not recording, sharing, making public or otherwise distributing their Content without permission.

21. Do not do anything that violates our or anyone else's rights, including intellectual property rights (examples of which are copyrights, trademarks, confidential information and business reputation), personal rights, fair competition rights, confidentiality and data protection rights.

22. Do not impersonate us, one of our employees, another User or any other person or company, and do not declare or indicate any connection, endorsement, sponsorship between you and us or any other person or company if there is no such connection.

23. Do not provide false information on account registration and do not use an unauthorized account or information or Content.

24. Do not publish or initiate the publication of any Content that is spam, the purpose or result of which is an artificial increase in views or interactions, or which is otherwise unreliable, repetitive, misleading or of poor quality.

25. Do not use other means or methods (for example, the use of code words or signals) to transmit anything that violates the Conditions.

26. Do not intentionally add any viruses, Trojans, worms or other materials to Content that is or may be malicious or technologically dangerous.

27. Do not decompile, reverse engineer, or otherwise attempt to discover or obtain the Ton.Place source code.

28. Don't use Ton.Place in such a way that it could adversely affect our systems or security or interfere with the use of Ton.Place by any other User, including their ability to participate in real-time actions via Ton.Place.

29. Do not use any automated programs, tools, or processes (such as search robots, robots, bots, spider programs, and automated scripts) to access Ton.Place or any server, network, or system associated with Ton.Place, or to extract, clean, collect Content or Information from Ton.Place.

30. Do not use the name, the Ton.Place logo or any related or similar names, logos, product and service names, designs or slogans, except in limited ways that are expressly permitted in the Terms or with our prior written agreement.

31. Violation of these Terms may result in the suspension or termination of your account, as well as the revocation of access to your income, as specified in the Terms.

Handling complaints

32. This section outlines our complaint policy. If you are a Ton.Place User, this complaint policy is part of your agreement with us.

33. Regardless of whether you are a Ton.Place user, you can use this Complaint Policy to alert us of any complaints you have regarding Ton.Place.

34. How to file a complaint: If you have a complaint about Ton.Place (including any complaint about Content appearing on Ton.Place, or User behavior), send it to support@ton.place by providing your name, address, contact details, a description of your complaint and, if your complaint concerns Content, the URL of the Content to which your complaint relates.

35. How will we deal with complaints about illegal or uncoordinated Content after receiving your complaint about illegal or uncoordinated Content:
    1. we will take such steps as we deem appropriate to investigate your complaint within 7 (seven) business days;
    2. if we need additional information or documents from you, we will contact you to let you know;
    3. if we verify that the Content is illegal or inconsistent, we will immediately remove such Content and may notify you of our decision by email or other electronic message;
    4. if we verify that the Content is not illegal or inconsistent, we may notify you of our decision by email or other electronic message.
    5. we are not obligated to inform you about the results of the consideration of your complaint.

36. If you are a Ton.Place user, you warrant (which means that you make a legal promise) that you will not file any complaints under this Complaint Policy that are completely unfounded, offensive or unfair. If we determine that you have violated this warranty, we may suspend or terminate your user account.