If you have registered as a Creator at our Platform, this Terms for Creators will apply in addition to the General Terms of Service. If there is a conflict between the General Terms and this Terms for Creators, the terms of the latter shall prevail. Terms not otherwise defined in this document shall have the same meaning assigned to them in the General Terms of Service.
You must have first agreed to the General Terms of Service in order to accept this Terms for Creators. By clicking on the words "I agree," "Submit," or similar syntax, you are electronically signing this agreement, and therefore agree to be bound by and acknowledge your complete acceptance of all the express and incorporated terms of this Terms for Creators. If you do not agree to this Terms for Creators or do not meet the age requirements, you must not register.
The Creator wants to participate in the Platform as an independent contractor.
The parties therefore agree to the following terms in addition to those agreed to in the General Terms of Service:
To be eligible to participate in the Platform as a Creator, you must be an individual who is at least 18-years old and has the legal capacity to enter into legally binding contracts.
To register, you must complete the applicable registration form, submit one piece of government-issued picture identification that contains your full legal name and birth date for age and identity verification purposes, and a completed W-9 Form.
By registering, you state that all account registration information is accurate.
You must register where indicated in the Platform to receive payments as Creator. The information collected at the time of such registration will include, among other things, a contact who can be contacted with respect to payments. You are responsible for ensuring that the information provided for purposes of receiving payment is kept up to date at all times.
If you designate an entity to receive payments for the Content you post under your Account, you are required to show that you have a majority interest control over such entity, as you may not designate unrelated third parties to receive payment for your Creator's Offerings.
All payments made to you by us pursuant to the Terms of Service will be made and deposited into your Account with us. Unless you have a balance in your Account below the amount we have in effect as set out in the Platform, you may withdraw funds from your Account at anytime and for any amount not exceeding the balance in your Account. If the balance in your Account is below the amount we have in effect at the time you would like to withdraw such funds, you may withdraw the full amount of your balance on specific days of the month as set out in the Platform.
All remittances of funds made to you will be made via electronic funds transfer. You will not be paid through checks or cash, unless no electronic funds transfer can be made to you. In such case, we will pay you by check sent to the address you have registered with the Platform. You must provide notice of any nonpayment, or payment disputes, by sending us an email to the following address: at [email protected]
WE MAY, IN OUR SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE PLATFORM OR ANY PORTION OF IT; PROHIBIT ACCESS TO OUR PLATFORM, AND ITS CONTENT, AND TOOLS; OR DELAY OR REMOVE HOSTED CONTENT, AND WE UNDER NO OBLIGATION ARE REQUIRED TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS. YOU MAY NOT BRING ANY CLAIM AGAINST FAVORITELY LLC ("FLLC") FOR LIMITING ACCESS TO OUR PLATFORM, SUSPENSION, TERMINATION, OR DELETION OF ANY ACCOUNT FOR ANY REASON. IF ANY SUCH CLAIM IS BROUGHT AGAINST US, YOU ARE RESPONSIBLE FOR ALL DAMAGES CAUSED TO FLLC, INCLUDING ATTORNEY FEES AND COSTS. THESE TERMS REMAIN IN EFFECT IF THE ACCOUNT IS ACTIVE OR INACTIVE OR YOU NO LONGER HAVE AN ACCOUNT.
As your Creator's Offering, you may upload to or display through your Account various media, content, and material including videos, photographs, audio, text, audiovisual, graphics, music, trademarks, logos, and artwork. By uploading your Content to or displaying it through your Account, you represent that such Content in your Creator's Offering is your own or you have a license to publish, publicly display, publicly perform, distribute, and you authorize us and the Platform users to use such Content as contemplated by the Terms of Service.
You may use various interactive features, including, messaging, and comments sections designed to foster interactions between the Creator and Users (the "Interactive Services"). However, you will remain responsible for all feedback transmitted by you or your Users through the Interactive Services under your Account. Any Content shared through your Interactive Services, whether yours or from your Users is subject to the Terms of Service.
Your Account, your Content, your Creator's Offerings, and Interactive Services, in addition to other terms set in the Terms of Service, must not:
Engaging in any of the above practices will be considered a material breach of the Terms of Service and may result in immediate termination of the your Account and access to the Platform without notice, in our sole discretion. We may pursue any legal remedies against you if you engage in any of the above prohibited conducts. We will also report any Creator's Offering that could be considered exploitative of children in any way, if in the U.S., to the National Center for Missing and Exploited Children's Cyber Tip line; or any other applicable legal and regulatory bodies.
We fully cooperate with law enforcement authorities and court orders requesting or directing us to disclose the identity or other information of anyone posting any content on the Platform. You hereby waive any claims you might have against us and our Affiliate Entities, licensees, and service providers, resulting from any action taken by or against us during or because of our investigations and from any actions taken as a consequence of investigations by either us, any third party or law enforcement authorities.
We will not endorse the opinions expressed your Creator's Offerings, your Content, or the Interactive Services under your Account. We may reject or remove any Creator's Offering, Content, or Creator Account at any time and for any reason. The reasons for rejection may include where we believe that the Creator's Offering, Content, or Creator Account breaches the Terms of Service. We will remove objectionable content that violates the law or any rules governed by our merchant account processing contracts. We will not be liable for any action or inaction regarding transmissions, communications, or content provided by any person. We will not be liable to anyone for performance or non-performance of the activities described in this section 3.
We do not claim any ownership rights in your Creator's Offerings or Content depicted under your Account or the Interactive Services. You continue to retain any ownership rights that you may have in those Creator's Offerings or Content.
However, by posting your Content in the Platform, you grant FLLC and Affiliate Entities, and service providers, and each of their and our respective licensees a perpetual, sub licensable, transferable, irrevocable, worldwide, royalty free license to use, reproduce, modify, prepare derivative works of, publicly perform, publicly display, and distribute any of your Creator's Offerings or Content that you upload to, post, display on, stream, broadcast, or offer for sale through your Account or the Interactive Services. This license includes the right to use your Content and any associated trademarks, service marks, or trade names to promote and redistribute any part of the Platform -- and derivative works of it -- in any media formats and through any media channels.
Likewise, you hereby grant us, and our service providers, a perpetual, sub licensable, transferable, irrevocable, worldwide, royalty-free license to use your name and likeness in any manner and any media, throughout the world, at any time, for advertising and promotional purposes and any other lawful purpose. You acknowledge that your name and likeness may appear on platforms that contain adult-oriented, sexually explicit materials, including material that you might consider obscene, offensive, or otherwise objectionable. You hereby waive any right to inspect or approve our use of the your name and likeness.
Moral Rights Waiver
You hereby waive all moral rights in your Creator's Offerings and your proprietary Content that may be available to you in any part of the world, and you state that no moral rights have been asserted.
When you post Content through your account to the Platform that includes people other than the Creator, you must ensure that you obtain a Model Release form. The Model Release form must be kept in the possession of the Creator and must be provided to us upon request. The Model Release must be provided within three (3) days of the request.
Other people appearing in your Creator's Offerings must sign up for their own Account to the Platform, become a Creator and age verify, and then you must connect or associate their Account with yours in order to post Content of them to your Account.
When you post Content through your Account to the Platform, you must include a price that you will charge your Users for such Creator's Offering. The price may not exceed the maximum price that we have in effect as set out in the Platform, at the time of submission. You may change the price for each Creator's Offering by following the process, and providing the required prior notice, set out in the Platform. Alternatively, you may publish your Creator's Offering to be offered to Users without charge.
Creator Revenue
You will receive 80% of the Net Revenue (the "Creator Revenue") from the sale of your Creator's Offerings to your Users; we will retain 20% of that Net Revenue as a service fee. "Net Revenue" means gross revenue actually received from end users from a Creator's Offering transaction less transactional costs, chargebacks, and refunds and excluding any taxes (including VAT). "Transactional costs" are amounts the Company pays to third parties to facilitate a transaction and may include payment-processing fees, foreign exchange fees, and third-party platform fees.
We will deposit the Creator Revenue in the your Account.
Transaction Taxes
You are responsible for paying all taxes owed for revenues earned under the Terms of Service. We may withhold from any amounts due to you that we may determine from time to time in good faith must be withheld under U.S. or any applicable tax law. We may file reports concerning income with any taxing authority, including the U.S. Internal Revenue Service.
Limitations
We are not required to payout Creator Revenue with respect to any Content Purchase that is subject to a refund or chargeback. We may withhold amounts or make adjustments in our sole discretion (a) to satisfy any refunds that it may make (including for technical errors); (b) pending any investigation of fraud or other illegality; (c) due to excessive chargebacks or refunds; (d) due to breach of the Terms of Service (including Prohibited Uses); and (e) as required by U.S. or any applicable tax laws. If after six months we are unable to payout you as a result of inaccurate information in the your Account and we are unable to contact you, that Creator Revenue will be forfeited and become our property.
Disputes
If you dispute the calculation of the Creator Revenue, you will notify us in writing no later than 15 days after the disputed calculation. Failure to notify us within this period will result in your waiver of any claims related to the disputed calculation.
The parties intend that their relationship will be that of independent contractors and not business partners. This agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. Neither party is the agent for the other, nor does either party have the right to bind the other on any agreement with another person.
The Creator is not eligible under this agreement to participate in any vacation, group medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits or benefit plans offered by the Company to its employees.
The Company is not responsible for withholding or paying any income, payroll, Social Security, or other foreign, federal, state, or local taxes; making any insurance contributions, including unemployment or disability; or obtaining worker's compensation insurance on the Creator's behalf. The Creator is solely responsible for all those taxes or contributions, including penalties and interest. The Creator is also responsible for maintaining adequate worker's compensation coverage or insurance for the Creator and any employee or other personnel engaged by the Creator.
Any persons employed or engaged by the Creator in connection with the creation, production, or submission of your Content must be the Creator's employees or contractors and the Creator will be fully responsible for them and indemnify the Company against any claims made by or on behalf of any such employee or contractor. The Creator will require each such employee and contractor to sign written agreements securing for the Company all rights granted to the Company in this agreement before that employee or contractor participates in the creation or submission of any Content in connection with this agreement.
The Creator states that the following facts are accurate and will continue to be accurate during this agreement:
The Creator's performance under the Terms of Service, the Creator's use of the Platform, the Creator's Offerings, and all other material, content, products, or services made available on, or linked to or from, a Creator's Account or the Interactive Services, will not:
The Creator has the right to grant the licenses granted in section 4 to us and our Affiliate Entities and service providers, and each of their and our respective licensees, successors, and assigns.
The Creator has a signed written consent or release for each identifiable person displayed in the Creator's Content to use their name and likeness to allow inclusion and use of the Creator's Content in the way contemplated by the Terms of Service.
Neither the Creator's Offerings nor your Content displays or depicts any person under 18-years old at the time of production.
Your Account, your Content, and the Creator's Offerings otherwise comply with section 3 and any other applicable terms set forth elsewhere in the Terms of Service.
For information about how FLLC collects, uses, and shares the Creator's personal information, please review the Platform's Privacy Policy. The Creator acknowledges that FLLC may retain indefinitely information the Creator submits to FLLC, including the Creator's identification, in case the information is needed to comply with applicable law or in a good-faith belief that preservation or disclosure of that information is reasonably necessary in the FLLC's opinion to (a) comply with legal process, including civil and criminal subpoenas, court orders, or other compulsory disclosure; (b) enforce this agreement; (c) respond to claims of a violation of the rights of third parties, regardless of whether the third party is a user, individual, or government agency; or (d) protect the rights, property, or personal safety of FLLC, the Platform's users, or the public.
Account Deletion . You may delete your Creator's Account at any time. You may also delete your Creator's Offerings or Content at any time, except that the Creator's Offerings will continue to be made available to Users who purchased those Creator's Offerings.
Termination on Notice . Either party may terminate this agreement at any time as set forth in the Terms of Service.
Effect of Termination . On termination, your right to access the Platform and all licenses granted by us ends, and we will payout to you all revenues collected under this agreement less the service fees and any other amounts that we are entitled to withhold under the Terms of Service or set off against any loss incurred under section 10 (Indemnification). If your participation in the Platform terminates or is suspended for any reason, we may, without notice, terminate or suspend your Account and promptly remove any Content or Creator's Offering, in our discretion, at any time afterwards. On deletion of the your Account, the Account will initially be hidden for 30 days and no new Content Purchases will be allowed under such Account. After the Account has been hidden, the Account will be deleted unless you notify us otherwise, except that the Creator's Offerings will continue to be made available to Users who purchased those Creator's Offerings.
Survival . Any part of the Terms of Service that imposes an obligation after termination will survive the termination, including all warranty disclaimers and limitations of liability.
FLLC may, in its sole discretion, terminate or suspend your access to all or part of the Platform at any time, with or without notice, for any reason or no reason at all, including, without limitation, violation of any term of this Agreement. Any activity which we believe, in our sole discretion, to even possibly be illegal, fraudulent, abusive, or in violation of our community standards, or our rules, may be grounds for termination of your access to all or part of the Platform. In those cases, we reserve the right to refer any such activity to any appropriate law enforcement agencies. Termination of an Account will be paid for any tokens remaining in the Account at the time of termination, as long as the amount in the respective account exceeds payment minimums, paid according to payment information on file and on the next scheduled payout date. If the amount remaining in the account does not exceed payment minimums, the amount is forfeited.
In General . The Creator will pay the Company for any loss of the Company that is caused by the Creator's (a) use of the Platform or the Interactive Services, including uploading, submitting, or offering for sale any Creator's Offering or Content; (b) breach of the Terms of Service, including any statement of fact; (c) failure to pay taxes in connection with Creator Revenues earned under this agreement; (d) dispute with any fan or any other person; (e) infringement of another person's intellectual-property rights; (f) violation of any applicable law; or (g) tortious acts or omissions. But the Creator is not required to pay if the loss was caused by the Company's intentional misconduct.
Definitions
"Loss" means an amount that the Company is legally responsible for or pays in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages.
A loss is "caused by" an event if the loss would not have occurred without the event, even if the event is not a proximate cause of the loss.
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