CONTENT CREATOR TERMS OF SERVICE
Last Updated: January 1st, 2020
TABLE OF CONTENTS
- Welcome to the Exclusv.Life, we are an online subscription and one-time payment-based platform that facilitates transactions between Content Creators and Members, operated by Snappy-Sites, a duly registered company in Queensland, Australia bearing ABN 15 336 779 273 and registered place of business located at 29, Timberlea Drive, Bentley Park, Queensland, Australia (“Exclusv.Life”, “we” or “us”). This Agreement contains the terms and conditions under which the Exclusv.Life offers the Digital Distribution and Monetization Service. If you use our digital content distribution and monetization services by uploading and publishing your original content on the Website, it constitutes your agreement to and acceptance of this Agreement and you will be deemed as a Content Creator (“You”, “Content Creator” etc.).
- Exclusv.Life reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by communicating the changes to you by Email. If any modification is unacceptable to you, your only recourse is to discontinue use of the Service. Your continued use of the Service, following posting of a change notice or new agreement on the Site (as more fully described below in Paragraph 6), will constitute your binding acceptance of the changes.
- WEBSITE FEATURES FOR CONTENT CREATORS
- The Website allows Content Creators to upload, publish, promote and monetize their original content on the Website. You are solely responsible for any content and other material that you submit, publish, transmit, or display on, though, or with our Services (“Authorized Content”).
- The Website acts as a Platform for the Content Creators to enable the Members to view Authorized Content in exchange of a Subscription Fee or a Fixed Fee.
- Every Content Creator will have their own dedicated listing page where their
Authorized Content or
Subscriptions will be available to be purchased. Content Creators’ Authorized
Content may be
available to be streamed in order to enable the Members to preview the Authorized
- The Term of this Agreement will commence on the day you register on the Website and
unless and until terminated by either you or us.
- The Term of this Agreement will commence on the day you register on the Website and will continue, unless and until terminated by either you or us.
- MONETISATION SYSTEMS.
- Direct Purchase System.
- Content Creators can set a fixed fee for each of their Authorized Content (“Fixed Fee”). Members can purchase and access such Authorized Content directly by completing the payment of such Fixed Fee along with the service charges levied by the Exclusv.Life.
- Content Creators may change Fixed Fee of their Authorized Content from time to time.
- Subscription System.
- Content Creators may set a fixed monthly subscription fee for entire library of their Authorized Content (“Subscription Fee”). Members can access all of the Authorized Content published by a Content Creator by becoming a subscriber and paying the Subscription Fee along with the service charges levied by the Exclusv.Life on a monthly or annual basis (the “Subscription Plan”).
- Content Creators may introduce several different kinds of Subscription Plans with access to different Authorised Content. Content Creators may introduce new or cancel existing Subscription plans at any time and change pricing of Subscription from time to time.
- Access to Premium Third-Party Social Media Accounts: Content Creators may give Members access to Premium Third-Party Social Media Accounts such as Premium Snapchat under a Subscription Plan. The Content Creator is responsible to manually add and remove Members from such Premium Third-Party Social Media Accounts within twenty-four (24) hours from receiving a notification from Exclusv.Life. If you fail to add or remove Members from such Premium Third-Party Social Media Accounts within twenty-four (24) hours from receiving a notification from Exclusv.Life, you will be responsible to pay the damages suffered by Exclusv.Life due to such failure including but not limited to refund charges.
- Direct Purchase System.
- SERVICE FEES.
- The following Service Fees shall apply on the Content Creators:
- Exclusv.Life will levy a service fee equal to twenty percent (20%) of all the Direct Purchase System transactions between the Member and Content Creator.
- Exclusv.Life will levy a service fee equal to twenty percent (20%) of all the Subscription Fee transactions between the Member and Content Creator.
- Notwithstanding anything mentioned in Clause 5.1 and its sub-clauses, Exclusv.Life and Content Creator may agree on a different Service Fees, in that case, the agreed upon Service Fee shall apply.
- The Service Fees shall be deducted by the Exclusv.Life before transferring the funds to the Content Creator’s account. The Content Creator can opt-in for daily, weekly, monthly or on-demand payouts provided that the payout amount is not less than the transaction charges levied by the bank or payment processor. The payout will be processed only on bank working days, any payout request made on a non-working day will be processed on the immediately next working day.
- Content Creators acknowledge that any dispute regarding payout amount, payout calculation, payout processing or any other payout related issue must be brought to Exclusv.Life attention within 15 days from the date when such issue arose. If Content Creator fails to inform Exclusv.Life within 15 days about payout related issue, the Content Creator hereby waives his/her right regarding such payout related issue.
- NAMES AND LIKENESSES; PROMOTIONAL USE AND OPPORTUNITIES.
- You hereby grant to us, during the Term, the right to use and to authorize our Licensees to use the names and approved likenesses of you and Authorized Content, in any marketing materials for the sale, promotion and advertising of the applicable Authorized Content, which is offered for monetisation or other use under the terms of this Agreement.
- You hereby grant to us and our Licensees the right to market, promote and advertise the Authorized Content as available for monetisation, as we and they determine in our and their discretion.
- Subject to our rights hereunder or under any prior agreement between you and us, as between you and us, all right, title and interest in and to the following list will be yours:
- Authorized Content,
- all copyrights and equivalent rights embodied therein, and
- all materials furnished by you.
- MODIFICATION, TERMINATION AND EFFECT OF TERMINATION.
- We reserve the right to change, modify, add to, or remove all or part of this Agreement, in our sole discretion. Notice of any such change will be sent to you by email at least seven (7) days prior to its effective date. In the event that you do not consent to any such proposed changes, your sole recourse shall be to terminate the Term of this Agreement, by notice to us as provided above, and your failure to do so within ten (10) days of the date of any such email from us to you shall constitute your acceptance of such changes.
- The expiration or termination of the Term will not relieve either you or us from our respective obligations incurred prior to or during the Term. Accordingly, applicable provisions of this Agreement will continue to apply even after the expiration of the Term.
- You hereby indemnify, save, and hold us harmless from any and all damages, liabilities, costs, losses and expenses (including, but not limited to, legal costs and attorneys' fees) arising out of or connected with any claim, demand, or action which is inconsistent with any of the warranties, representations, covenants or agreements made by you in this Agreement, including, but not limited to, your representations and warranties regarding copyrights or any other rights in and to any other forms of intellectual property. You will reimburse us, on demand, for any payment made by us at any time with respect to any damage, liability, cost, loss or expense to which the foregoing indemnity applies. Pending the determination of any claim, demand, or action, we may, at our election, withhold payment of any monies otherwise payable to you hereunder in an amount which does not exceed your potential liability to us pursuant to this paragraph.
- ADDITIONAL REPRESENTATIONS AND WARRANTIES OF THE PARTIES.
- You represent and warrant that you have the full authority to act on behalf of any and all owners of any right, title or interest in and to Authorized Content.
- You represent and warrant that you have the full authority to release images, videos or audio recordings of any persons appearing in your Authorized Content and that those persons are of at least eighteen (18) years of age. Exclusv.Life reserves the right, from time to time, to request copies of Release documents or Agreements and Photo Identification of persons appearing in your Authorized Content. Failure to provide us with the requested documents may result in the content being removed, your account being suspended or terminated.
- You represent and warrant that you own or control the necessary rights in order to make the grant of rights, licenses and permissions herein, and that the exercise of such rights, licenses and permissions by us and our Licensees shall not violate or infringe the rights of any third party.
- You and we represent and warrant that we will not act in any manner which conflicts or interferes with any existing commitment or obligation of the other party, and that no agreement previously entered into by you or us will interfere with our performance of our obligations under this Agreement.
- Each party represents and warrants that it shall perform its obligations hereunder in full compliance with any applicable laws, rules and regulations of any governmental authority having jurisdiction over such performance.
- We make no guarantees whatsoever about there being any minimum sales or subscriptions.
- GENERAL PROVISIONS.
- The parties hereto agree and acknowledge that the relationship between them is that of independent contractors. This Agreement shall not be deemed to create a partnership or joint venture, and neither party is the other's agent, partner, or employee.
- This Agreement contains the entire understanding of the parties relating to the subject matter hereof. This Agreement supersedes all previous agreements or arrangements between us pertaining to the digital distribution of content, provided that if you previously entered into a digital distribution agreement with us in the past, and elected any options, those options will remain in place under this Agreement. This Agreement cannot be changed or modified except as provided herein. A waiver by either party of any term or condition of this Agreement will not be deemed or construed as a waiver of such term or condition, or of any subsequent breach thereof. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the parties.
- This Agreement will be binding on the assigns, heirs, executors, affiliates, agents, personal representatives, administrators, and successors (whether through merger, operation of law, or otherwise) of each of the parties.
- Any notice, approval, request, authorization, direction or other communication under this Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes on the delivery date if sent by electronic mail to the addresses provided to and by you upon registration with us, or as properly updated.
- This Agreement will be governed and interpreted in accordance with the laws of the State of Queensland, Australia.
- To the extent permitted by applicable law, the rights and remedies of the parties provided under this Agreement are cumulative and are in addition to any other rights and remedies of the parties at law or equity.
- The titles used in this Agreement are for convenience only and are not to be considered in construing or interpreting this Agreement.
- This Agreement is for the sole benefit of the parties hereto and their authorized successors and permitted assigns. Nothing herein, express or implied, is intended to or shall confer upon any person or entity, other than the parties hereto and their authorized successors and permitted assigns, any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.