KinkyClips Creator Agreement
Last Updated: January 30, 2024
This agreement (“Creator Agreement” or “Agreement”) is between Cybernet Entertainment LLC, a New York limited liability company (we or the “Company”), and you as the Creator (you or “Creator”). The Company owns and operates the website located at KinkyClips.com (the “Website”), which is a content hosting, distribution, and display platform (the “Platform”).
This Creator Agreement includes and incorporates by reference all the terms and conditions of KinkyClips Terms of Use (“Terms”) including provisions limiting the Company’s liability and mandating mediation and arbitration in the event of a dispute. You should read them in combination as this Creator Agreement as they constitute the terms of the Creator Agreement.
You, the Creator, want to participate in the Platform. In consideration of the Company providing use of the Platform, you agree to the following terms (in addition to those of the Terms):
- Enrollment.
- Eligibility: To be eligible to participate in the Platform as a creator, the Creator must meet the following requirements:
- The Creator is the age of majority according to the laws applicable in the place of their residence and is at least 18 years old;
- The Creator has the legal capacity to enter into legally binding contracts, is of sound mind and body, is not under the influence of drugs or alcohol, and is acting of the Creator’s own free will;
- The Creator has read, understands, and agrees to be bound by the Creator Agreement which incorporates by reference the Terms; and
- The Creator has independently evaluated the desirability of participating in the Platform, and the Creator has not relied on any statement other than those set out in this Agreement (collectively, the “eligibility requirements”).
- Application. To begin the enrollment process, the Creator must submit the following to the Company:
- An accurate application;
- One piece of government-issued picture identification document for age and identity verification purposes that contains the full name and birth date (the Company may request additional methods of identification on one or more occasions);
- A W 9-Form (for U.S. citizens).
- Full legal name
- Verified email address
- Postal address
- Date of birth
- Selfie while holding their photo ID
- Evaluation of Application. Once you have submitted an Application to be a Creator, the Company will evaluate via human moderation the Creator’s application and notify the Creator of the Company’s acceptance or rejection of the application by email to the email address that the Creator supplied as part of the enrollment process. The Company may reject the Creator’s application or terminate the Creator’s access to the Platform at any time and for any reason, including (but not limited to) if the Company determines in its sole discretion that:
- The Creator is in breach of this Agreement or Terms of Use;
- The content made available by the Creator is unsuitable for any reason, including where the content consists of material that could be considered unlawful, harmful, threatening, defamatory, libelous, obscene, offensive, harassing, or otherwise objectionable; or
- The Creator is conducting commercial activities that do not comply with applicable law.
- Creator Account
- Account Creation. The Creator must create an account as part of the enrollment process and choose a password and a username.
- Responsibility for Account. The Creator is responsible for maintaining the confidentiality of the Creator’s password and account. Further, the Creator is responsible for all activities that occur under the Creator’s account. The Creator will promptly notify the Company of any unauthorized use of the Creator’s account or any other breach of security.
- Liability for Account Misuse. The Company is not liable for any loss that may incur as a result of someone else using the Creator’s password or account, either with or without the Creator’s knowledge. The Creator could be held liable for losses incurred by the Company or another person due to someone else using the Creator’s account or password.
- Use of Other Accounts. The Creator will not use anyone else’s account at any time.
- Account Security. The Company cares about the integrity and security of the Creator’s personal information. However, the Company cannot guarantee that unauthorized persons will never be able to defeat the Website’s security measures or use any personal information the Creator provides to the Company for improper purposes. The Creator acknowledges that the Creator provides the Creator’s personal information at the Creator’s own risk.
- Company Proprietary Rights
- License. The Company hereby grants the Creator a nonexclusive, nontransferable, non-sublicensable license to access the Website, the Platform, and the software for the Creator’s use in accordance with this agreement, including to create a Creator site (the “Creator Site”).
- Intellectual Property Rights. The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by the Company, its licensors, or other provides of the material and are protected by United States and international copyright, patent, trademark, trade secret, and other intellectual property or proprietary rights laws.
- Trademarks. The Company’s name, the term KinkyClips, the Company’s logo, the Company’s domain names, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. The Creator will not use these marks without the Company’s advance written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
- Creator Site. The Company will provide the Creator with a domain name or subdomain name for the Creator's Site at no cost to the Creator. The Company will own and maintain the domain name, subdomain, and the Creator Site including all fees associated with the Creator Site. The Creator will still own all content the Creator creates and uploads to the Creator Site. But should the Creator terminate this agreement, the Creator Site will be turned off and inaccessible to the public.
- Content. The Creator may upload and display on the Creator Site (a) various media, content, and material including videos, photographs, audio, text, audiovisual, graphics, music, trademarks, logos, and artwork; (b) content from certain social media websites or data storage service provider accounts; (c) a calendar of upcoming events featuring the Creator.
- Interactive Services. The Platform may allow the Creator to use various interactive features on the Creator Site, including live chat, messaging, email, and comments sections designed to foster interactions between the Creator and the Creator’s subscribers (the “Interactive Services”). The Creator will remain responsible for all feedback transmitted by the Creator or the Creator’s subscribers through the Interactive Services.
- Block Features. The Platform may allow the Creator to use various blocking and filtering features in connection with visitors to the Creator's Site (collectively, the “filters”). The filters may allow the Creator to block individual visitors or visitors by IP, username, city, state/province, or country. The Creator will remain responsible for all acts or omissions associated with the Creator’s use of the filters.
- Subscribers. The Creator’s subscribers (or “Subscriber(s)”) must submit payment through the Platform’s billing interface. Except for the subscription fee, the Creator is solely responsible for setting the prices of the items and services the Creator wishes to offer on the Creator Site. The Company is not required to review, endorse, police, or enforce any relationships, interactions, or content shared between the Creator and the Creator’s subscribers. The Company is not required to resolve any dispute between the Creator and any subscriber or other third party.
- Record Keeping Requirements. The Creator will comply with the federal record-keeping and labeling requirements codified at 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75. The Creator will obtain and keep all records necessary to demonstrate that the Creator Content complies with 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75, including legible copies of picture identification cards (as defined by 28 C.F.R. 75.1) for each person appearing in the Creator Content on the date of the production of the Creator Content. The Creator will act as the “Custodian of Records” as required by 28 C.F.R. Part 75, and will keep all required records at the Creator’s primary address. The Creator will make available to the Company or any government official, and copy at the Company’s request, all records required to be kept under 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75.
- Disclaimer of Reps and Warranties of the Platform. The Creator acknowledges that access to, and the functionality of, the Creator Site, the Website, or the Platform may be interrupted and limited, and might not be error-free. The Company is not making any warranty about the availability or functionality of the Creator Site, the Website, or the Platform.
- Content Responsibility. The Creator acknowledges that the Creator is solely responsible for the Creator's Content, feedback, and other information, products, or services that the Creator offers, publishes, transmits, or posts on the Creator Site.
- Do Not Promote Third Party Sites. The Creator will not use the Creator Site to promote or advertise websites or services other than those maintained by the Company unless expressly authorized by the Company in writing. However, the Creator may mention or promote the Creator’s social media accounts as long as the Creator does so in an unobtrusive way.
- Creator Content
- Ownership. The Company does not claim any ownership rights in the Creator Content. After uploading the Creator Content, the Creator continues to retain any ownership rights that the Creator may have in the Creator Content, subject to the license granted in section 5(b).
- License. The Creator hereby grants the Company, its affiliates, and service providers, and each of their and the Company’s respective licensees a perpetual, sublicensable, transferrable, irrevocable, worldwide license to use, reproduce, modify, prepare derivative works of, publicly perform, publicly display, and distribute the Creator Content through the Platform, the Website, and the Creator Site in accordance with this agreement. This license includes the right to use the Creator Content to promote and redistribute any part of the Website—and derivative works of it—in any media format and through any media channels.
- Use of Name and Likeness. The Creator hereby grants the Company, its affiliates, and service providers a perpetual, sublicensable, transferrable, irrevocable, worldwide license to use the Creator’s name and likeness in any manner and in any media, throughout the world, at any time, for advertising and promotional purposes and for any other lawful purpose. The Creator’s name and likeness may appear on websites that contain pornographic materials, including material that the Creator might consider obscene, offensive, or otherwise objectionable. The Creator hereby waives any right to inspect or approve the Company’s use of the Creator’s name and likeness.
- Moral Rights Waiver. The Creator hereby waives all moral rights in the Creator’s submissions that may be available to the Creator in any part of the world, and the Creator states that no moral rights have been asserted.
- Creator Reps and Warranties. The Creator states that the following facts are accurate and will continue to be accurate during this agreement:
- The Creator owns or has a license to publish, publicly display, publicly perform, and permit the use of the Creator Content as contemplated by this agreement;
- The Creator has the right to grant the licenses granted in sections 5.(b) and 5(c) to the Company and its affiliates and service providers, and each of their and the Company’s respective licensees, successors, and assigns;
- The Creator Content does not depict any person under 18 years old;
- The Creator has complied with 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75, including inspecting and keeping all required written documents, including written documents sufficient to confirm that all subjects of the Creator Content were at least 18 years old at the time of the production of the Creator Content as required by 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75, and will provide the Company with copies of all required written documents on request;
- The Creator has a signed written consent or release for each identifiable person in the Creator Content to use their name and likeness to allow inclusion and use of the Creator Content in the way contemplated by this agreement;
- The Creator has the power or the legal capacity to enter into this agreement and to perform the Creator’s obligations under this agreement;
- The Creator has independently evaluated the desirability of participating in the Platform, and the Creator has not relied on any statement other than those set out in this agreement;
- The Creator’s signing and performance of this agreement will not conflict with or violate (i) any order, judgment, or decree that applies to the Creator; or (ii) any agreement that applies to the Creator.
- The Creator’s actions on the Platform and Creator Content will not:
- invade the right of privacy or publicity of any third party;
- involve any defamatory, libelous, obscene, indecent, or otherwise unlawful material;
- violate any law, including 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75;
- deceive users regarding the nature of any paid content;
- attempt to defraud the Company or our Users (e.g., working together with a member or “hacker” to accept payment with stolen credit cards);
- attempt to fraudulently pass off recorded content as a live stream;
- fail to honor any lawful representation made to users in furtherance of selling your content;
- release the personal information of any other User of Fansly or third party without that person’s consent;
- solicit or accept payments for travel or in-person meetings for the purpose of engaging in sexual activity;
- harass, disparage, defame, or otherwise interfere with the Company or our users, nor misrepresent or make any false or misleading statements about the Company; or
- otherwise infringe on the rights of any third parties, including those of copyright, patent, trademark, service mark, trade secret, or other intellectual property rights, or engage in false advertising, unfair competition, defamation, invasion of rights of celebrity, violation of antidiscrimination law, or violation of any other right of any person or entity.
- The Creator is generally familiar with the nature of the Internet and complies with all laws and industry standards.
- The Creator Content complies with this Agreement, including the Website Terms of Use.
- Content Standards. Any content the Creator intends to use, upload, or make available on the Platform must comply with federal, state, local, and international laws and regulations AND the Creator Content Rules and Regulations. Content Creator agrees their Content will NOT:
- Contain any material that is defamatory, libelous, slanderous, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Depict or portray minors, incest, rape or nonconsensual sex, extreme violence, torture, nonconsensual pain, blood, cutting, erotic asphyxiation, torture, necrophilia, genital mutilation, bestiality, enema play, vomiting, menstrual bleeding;
- Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Infringe any copyright, patent, trademark, trade secret, or other intellectual property or other rights of any other person;
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable law or otherwise may be in conflict with this agreement or the Website Terms of Service;
- Be likely to deceive any person;
- Promote or solicit any illegal activity, or advocate, promote, or assist any unlawful act, including prostitution and human trafficking;
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
- Impersonate any person, or misrepresent the Creator’s identity or affiliation with any person or organization;
- Display any telephone numbers, street addresses, last names, URLs, email addresses, banking details, or any confidential information of any person;
- Record or broadcast nudity or sexual activity from any public place where members of the public are reasonably likely to see your content;
- Involve third party commercial activities or sales, including contests, sweepstakes, and other sales promotions, barter, or advertising;
- Give the impression that it emanates from or is endorsed by the Company or any other person or entity if this is not the case; or
- Contain technically harmful material, including computer viruses, logic bombs, Trojan horses, worms, malware, ransomware, harmful components, corrupted data, or other malicious software or harmful data.
- Legal Responsibility for Creator Content. The Creator acknowledges that the Creator is responsible for the Creator Content and that the Creator, not the Company, has full responsibility for the Creator Content, including its legality, reliability, accuracy, and appropriateness.
- Co-Authored Content. If you are a Creator, you understand and agree that you may share content that depicts other third parties (“Co-Authored Content”), provided:
- you tag each depicted Creator/performer (“Co-Creator”) in the Content or otherwise identify the third party and provide the Company with requested documentation confirming age, identity, and consent to publication of the Co-Authored Content on the Platform;
- you have obtained and will maintain government-issued identification documentation confirming that each Co-Creator depicted in your content is at least eighteen (18) years of age;
- you have obtained and will maintain written documentation confirming that each Co-Creator depicted in your Content has consented to (i) being depicted in such content, and (ii) the content being publicly distributed on Fansly.
- you will provide this written documentation of consent to us promptly upon request by us for such documentation; and
- you are principally responsible for your account and agree to safeguard your login credentials from any unauthorized use. You agree that we are not responsible for any misuse of your account if you share your credentials with a third party such as a manager or agency, and you release the Company from any liability arising from such third party access.
- You further understand and agree that we may refrain from publicly distributing any Co-Authored Content until all depicted Creators or third parties have confirmed their identity and consent to being depicted and distributed.
- You are solely responsible for segregating, dividing, and distributing any revenue generated from any Co-Authored Content. Any such revenue sharing arrangement shall be governed solely by an independent, private agreement between you and other third parties. We are not responsible for enforcing any such agreements.
- You agree to release us, and hold us harmless, from any and all claims arising from Co-Authored Content. You further agree that any claim arising from Co-Authored Content shall be asserted only against the parties participating or appearing therein, and not against us.
- Monitoring and Enforcement. The Company may do any of the following:
- Employ a content moderation review policy and process as more fully described HERE. All uploaded content is reviewed by a trained team focusing on both ID and age verification as well as the substance of every piece of content (image, live streaming, video, text, etc.).
- Use a 3rd party service, VerifyMyContent, who uses an in house automated AI process as well as a human review team of content moderators. Remove or block the Creator Content for any reason or no reason in the Company’s sole discretion;
- Take any action with respect to the Creator Content that the Company considers necessary or appropriate in its sole discretion, including if the Company believes that the Creator Content breaches this agreement, infringes any intellectual property right of any person, threatens the personal safety of users of the Website or the public, or could create liability for the Company;
- Disclose the Creator’s identity or other information about the Creator to any person who claims that the Content Creator violates their rights, including their intellectual-property rights or their right to privacy;
- Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website or the Platform; or
- Terminate or suspend the Creator’s access to all or part of the Website or the Platform for any reason, including breach of this agreement or breach of the Website Terms of Service.
- Compliance with the Law. The Company fully cooperates with law enforcement authorities and court orders requesting or directing the Company to disclose the identity or other information of anyone posting any content on the Website or the Platform. The Creator hereby waives any claims the Creator might have against the Company—including its affiliates, licensees, and service providers—resulting from any action taken by the Company during or because of the Company’s investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
- Creator Support Services. The Company may provide the Creator with access to support services and to tracking and reporting tools to be used for monitoring the Creator Site activities. The tracking and reporting tools may include the tracking of revenues, if applicable, the number of customers, and the number of visitors that access the Creator Site.
7. Creator Compensation
- Revenue Share. The Company will pay the Creator 80% of the revenues earned by the Creator after processing fees for fans referred to The Company by the Creator’s referral link (distinguishable with a parameter called ‘mrc’) available in the Creators account section. The Company will pay the Creator 50% of the revenue generated after processing fees for The Company's traffic provided to the Creator. The Creator will may receive additional compensation of 5% for 5 months, starting when the referred Creator application is submitted, for referring other Creators to the Company. This happens by use of the Creator’s referral link (distinguishable with a parameter called ‘referral_code’’) available in the Creators account section.
- Payouts. The Company will make payouts in accordance with the payout policy located at https://KinkyClips.com/account/payouts/.
- Taxes. The Creator is responsible for paying all taxes owed for revenues earned under this agreement.
- Adjustments. The Company may adjust the amount owed to the Creator for any reason, at any time, without advance notice, including retroactively. The most common reasons for adjustments include fraud,chargebacks, breach of this agreement, and technical errors. In addition, the Creator acknowledges that the Company may offer coupons and related promotional tools as it considers appropriate in limited circumstances to encourage consumer usage, on condition that the promotions will not exceed 15% off of the gross purchase price.
- Disputes. If the Creator disputes any payment made by the Company, the Creator will notify the Company in writing no later than 15 days after the disputed payment. Failure to notify the Company within this period will result in the Creator’s waiver of any claims related to the disputed payment.
- Termination
- Termination on Notice. Either party may terminate this agreement at any time by notifying the other party. If the Creator terminates this agreement, the Company may continue to make the Creator Content available to any customer that paid for the Creator Content.
- Termination by Company. The Company may suspend, disable, or terminate the Creator’s access to the Website or the Platform if the Company determines, in its sole discretion, that the Creator breached this agreement or that the Creator’s conduct would tend to damage the Company’s reputation and goodwill.
- Effect of Termination. On termination, the Creator’s right to access the Website and the Platform and all licenses granted by the Company terminates. If the Creator’s participation in the Platform terminates or is suspended for any reason, the Company may, without notice, terminate or suspend the Creator Site and promptly remove any associated content and products or, at the Company’s discretion, at any time afterward. If the Creator wants to continue to syndicate the Creator's Content and products post-termination, the parties may pursue that relationship through a separate agreement.
- Survival. Any part of this agreement that imposes an obligation after termination will survive the termination, including all disclaimers and limitations of liability.
- Privacy. For information about how the Company collects, uses, and shares the Creator’s information, please review the Privacy Policy. The Creator acknowledges that by using the Platform the Creator consents to the collection, use, and sharing (as set out in the Privacy Policy) of this information, including the transfer of this information to the United States or other countries for storage, processing, and use by the Company.
- Nondisparagement. During this agreement and for two years after its termination, the Creator will not take any action that is intended, or would reasonably be expected, to harm the Company or its reputation or that would reasonably be expected to lead to unwanted or unfavorable publicity to the Company. But nothing will prevent the Creator from making any truthful statement in connection with any legal proceeding or investigation by the Company or any governmental body.
- Disclaimers.
- No Guarantee of Income. The Company is not making any guarantee of profitability or about the amount of money the Creator will earn under this agreement. The Creator acknowledges that past creator earnings do not guarantee or suggest similar future earnings.
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- Assumption of Risk. The Creator assumes sole responsibility for all risks, consequences, and damages resulting from the Creator’s interaction and association with the Website and the Platform, including risks associated with the publicity of appearing on the Website and the Platform, the risk of recording, piracy, or unauthorized dissemination of the Creator Content, or the risk of publication of the identity of the Creator, including the publication of the Creator’s personal information.
- The Company is not making any warranty—express or implied—that:
- the use of the Website, the Platform, or the Creator Site will be timely, uninterrupted, or error-free (whether as a result of technical failure, acts or omissions of third parties, or other causes) or will operate in combination with any other hardware, software, system, or data;
- the Website, the Platform, or the Creator Site will meet the Creator’s requirements or expectations;
- the Website, the Platform, or the Creator Site will be accurate or reliable;
- errors or defects in the Website, the Platform, or the Creator Site will be corrected; or
- the servers that make the Website, the Platform, or the Creator Site available are free of viruses or other harmful components.
- “As Is.” The Company offers the Website, the Platform, and the Creator Site “as is.” The Company is not making any warranty, either express or implied, including implied warranty of merchantability, fitness for a particular purpose, title, privacy, and noninfringement for the Website, the Platform, or the Creator Site. No advice or information, whether oral or written, obtained from the Company, the Website, or elsewhere will create any warranty not expressly stated here.
- Indemnification.
- Indemnification Obligation for Creator’s Actions. The Creator will pay the Company for any loss of the Company’s that is caused by the Creator’s actual or alleged:
- use of the Platform, the Website, or the Creator Site;
- failure to pay taxes in connection with revenues earned under this agreement;
- dispute with any customer, creator, or other person;
- breach of this agreement, including any statement of fact;
- infringement of third-party intellectual property rights;
- violation of any law, including 18 U.S.C. §§ 2257–2257A;
- fraudulent or deceptive conduct; or
- negligent, intentional, or criminal conduct.
- Indemnification Obligation for Creator’s Actions. The Creator will pay the Company for any loss of the Company’s that is caused by the Creator’s actual or alleged:
But the Creator is not required to pay if the loss was caused by the Company’s intentional misconduct.
- General Provisions:
- Entire Agreement. This Creator Agreement along with the Website Terms of Use constitute the entire agreement of the parties with respect to the subject matter of this agreement. It supersedes all earlier written or oral discussions, negotiations, proposals, undertakings, understandings, and agreements between the parties concerning the transactions contemplated in this agreement. If any conflict or inconsistency exists between this agreement and the Website Terms of Service, this agreement will govern.
- Amendment and Updates. The Company may change the terms of this Agreement on one or more occasions, on the condition that changes will not apply to ongoing disputes or to disputes arising out of events occurring before the posted changes. The Company will notify the Creator through the Website or by email of any changes to this agreement. Changes will become effective when posted on this page. It is the Creator’s responsibility to check this page periodically for changes to this agreement. If the Creator continues to participate in the Platform after any change, the Company will consider the Creator’s continued participation as acceptance of the change unless the Creator notifies the Company in writing of the Creator’s disagreement and the reasons for the Creator’s disagreement no later than 15 days after the change. The Company will contact the Creator no later than 15 days after receiving the notice to address the notice and try to reach a mutually amicable resolution. If the Company is unable to resolve the Creator’s disagreement, the Creator’s sole remedy is to terminate this agreement.
- Assignment and Delegation. The Creator will not assign any of the Creator’s rights or delegate any performance under this agreement, except with the Company’s advance written consent. The Company may assign its rights or delegate its performances under this agreement without the Creator’s consent. Any purported assignment of rights or delegation of performance in breach of this provision is void.
- No Third-Party Beneficiaries. This agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.
- Relationship of the Parties. 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 of the parties is the agent for the other, and neither party has the right to bind the other on any agreement with a third party. 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 of the parties is the agent for the other, and neither party has the right to bind the other on any agreement with a third party.