In these Creator Terms, defined terms have the same meanings given to them in the Terms of Service. In addition:
a. “Tax” shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings, or liabilities wherever chargeable and whether of the U.S. or any other jurisdiction.
The following terms will also apply to your use of Xpurity and you agree to them:
a. Our Terms of Service
c. Our Content Guidelines;
d. The Creator Contract
i. which does not form part of your agreement with us, but which governs and sets out the terms applicable to each Creator/Subscriber Interaction you enter into on Xpurity
e. The following additional terms may apply to your use of Xpurity:
i.i. If you are also a Creator, the Creators Terms will apply to your use of Xpurity as a Creator;
a. As of December 2023, we charge a fee to you of five percent (5%) of all Payments made to you (“Our Fee”). The remaining ninety-five percent (95%) of the Payment is payable to you (called “Creator Earnings”). If you are an active Xpurity Premium member in good standing, we charge a fee to you of two and a half percent (2.5%) of all Payments made to you (“Our Fee”). The remaining ninety-seven and a half (97.5%) of the Payment is payable to you (called “Creator Earnings”). Our Fee includes the costs of providing, maintaining, and operating Xpurity and storing your Content. Our Fee is deducted from all Payments, and Creator Earnings are paid to you in the way described in the Payout section below. The fee may be modified at any time, however, Creators/members will be given a minimum of thirty days’ notice of any such fee changes.
a. You will need to subscribe to Xpurity’s Standard or Premium plan, verify and pass Xpurity’s member ID verification, agree to and sign all e-signature documents;
b. You can request a Creator onboarding link where you can provide your identity and bank account information;
c. You will need to select one of the available methods provided as to how your Creator Earnings will be transferred to you. These methods are called Payout Options;
d. You may also need to submit additional information depending on the country where you live;
e. We may ask you for additional age or identity verification information at any time. We may reject your application to set up a Creator Account for any reason;
f. Once you have set up your Creator Account, start adding Content to your Xpurity profile and setup a subscription for Users, enabling them to purchase and/or subscribe to your Content;
Every Creator is bound personally by the Terms of Service. If you have a third party that assists you with the operation of your Creator Account (or operates it on your behalf), this does not affect your legal responsibility. Our relationship is with you, and not with any third party, and you will be legally responsible for ensuring that all Content posted and all use of your Account complies with the Terms of Service.
a. All Interactions are contracts between Creators and their Subscribers and are subject to the terms of the Creator / Subscriber Contract. Although we facilitate Interactions by providing the Xpurity Platform and storing Content, we are not a party to the Creator / Subscriber Contract or any other contract that may exist.
b. When you receive confirmation from Xpurity, either on the ‘Subscriptions’ page of your Account or by email (or both), that the Payment has been confirmed, you must perform your part of the Interaction. You agree that you will indemnify us for any breach by you of this obligation.
a. Your Content is not confidential, and you authorize your Subscriber to access and view your Content on Xpurity for their own lawful and personal use, and in accordance with any licenses that you grant.
b. You warrant that for each item of Content that you post, display, upload, or publish on Xpurity:
c. You agree that you will be liable to us and indemnify us if any of the warranties are untrue. This means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the warranties being untrue.
d. We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of Xpurity. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
e. You also agree to act as custodian of records for the Content that you upload to Xpurity.
You agree that the following standards apply to all Content and that, in their entirety, must comply with all applicable federal, state, national, provincial, local, and international laws and regulations. Content must not:
a. Depict or discuss any activity that is illegal or otherwise violates applicable law
b. Contain any defamatory, obscene, indecent, abusive, offensive, harassing, threatening, violent, hateful, inflammatory, or otherwise objectionable material
c. Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
d. Promote, depict, or discuss children, child exploitation or abuse, age-play, incest, rape or nonconsensual sex, hypnosis, intoxication, sexual assault, extreme violence, non-consensual pain, cutting, erotic asphyxiation, torture, necrophilia, sadomasochistic abuse, hardcore bondage, extreme fisting, genital mutilation, bestiality, excrement-related material, enema play, vomiting or any other matter that would be considered obscene under the applicable community standards
e. Contain unsolicited sexual content or unsolicited language that sexually objectifies another person in a non-consensual way or contains fake or manipulated sexual content concerning another person
f. Promote, depict, or constitute “revenge porn” (being any sexually explicit material featuring any individual who has not given prior, express, and fully informed consent to that material (a) being taken, captured, or otherwise memorialized, or (b) being posted and shared on the Platform)
g. Promote or depict firearms, weapons, or use is subject to prohibitions or restrictions
h. Promote or depict alcohol or drugs or drug paraphernalia
i. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person
k. Be likely to deceive any person
l. Promote or solicit any illegal activity, or advocate, promote, or assist any unlawful act, including promoting or facilitating the prostitution of another person, sex trafficking, or human trafficking
m. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person
n. Impersonate any person or misrepresent your identity or affiliation with any person or organization
o. Involve commercial activities or sales, including unsanctioned contests, sweepstakes, other sales promotions, barter, or advertising
p. Give the impression that they emanate from or are endorsed by us or any other person or any other person or entity if that is not the case;
q. Contain viruses, worms, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, mobile device, or telecommunications equipment
r. Depict private or personal information of any person without their written consent;
s. Request personal information from or share personal information with any influencer or other user, including financial information, email address, telephone number, or mailing address; and
t. Request money from or otherwise defraud influencers or other Website users.
a. If you upload Content to your Creator Account that shows anyone else other than or in addition to you (even if that person cannot be identified) (“Collaborative Content”), you warrant that each individual shown in any Collaborative Content uploaded to your Account is a Verified Creator on Xpurity.
b. You further warrant that you have obtained and keep on record written consent from each individual shown in your Collaborative Content that such individual:
(i) has given their express, prior, and fully informed consent to their appearance in the Collaborative Content; and
(ii) has consented to the Collaborative Content in which they appear being posted on Xpurity
c. In addition to the confirmations above, you agree that if you upload Collaborative Content you will tag the Xpurity Account(s) of any person or people appearing in the Collaborative Content
d. If any Collaborative Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on Xpurity.
e. You agree that we will only arrange for Creator Earnings to be paid to the Account of the Creator to which the Collaborative Content is uploaded. The Creator who uploaded the Collaborative Content is solely responsible for dividing and distributing any revenue generated from the Collaborative Content between the individuals shown in such Collaborative Content.
f. You agree to release us from and not to make any claims against us arising from Collaborative Content. You agree that all claims arising from Collaborative Content shall be made against the Creator(s) who posted Collaborative Content or the individual(s) who appeared in the Collaborative Content (as applicable).
a. All Payments will be received by a third-party payment provider approved by us;
b. Our Fee will be deducted from the Payment received and your Creator Earnings will be held by us or one of our subsidiary companies on your behalf;
c. Your Xpurity Account will be updated within a reasonable time with your Creator Earnings. Your Creator Earnings will become available for withdrawal by you from your Xpurity Account once such Creator Earnings appear in your Xpurity Account;
d. To make a withdrawal of Creator Earnings from your Xpurity Account, you must have at least the minimum payout amount in your Xpurity Account. Please click on the Wallet page on your Account to see what the minimum payout amount is for your country of residence and Payout Option;
e. Xpurity can facilitate Payments in both fiat (USD) and cryptocurrency (BTC, DOGE, ETH, LTC, SHIB, USDT, USDC) only. We may alter this from time to time and the use of any currency is at our sole discretion.
f. The amount that you see in your ‘current balance’ in your Xpurity Account is your available Creator Earnings at the relevant time. Your bank/e-wallet provider may charge you currency conversion or transfer fees to receive the money. We do not have control over currency exchange rates or charges imposed by your bank or your e-wallet company, and we will not be responsible for paying any charges imposed.
g. If any Subscriber successfully seeks a refund or chargeback from their credit card provider in respect of a Payment made to you, we may investigate and may deduct from your balance an amount equal to the Creator Earnings earned by you on the charged-back or refunded amount; and
h. Except for Payout Options involving payment by direct bank transfer and crypto payments, we do not store any data disclosed by you when you register your Payout Options with a third-party payment provider.
a. We may withhold all or any part of the Creator Earnings due to you but not yet paid out:
(i) if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
(ii) if you attempt or threaten to breach any part of the Terms of Service in a way which we think has or could have serious consequences for us or another Subscriber; or
(iii) if we suspect that all or any part of the Creator Earnings result from unlawful or fraudulent activity, either by you or by the Subscriber who made the Payment resulting in the Creator Earnings.
b. for as long as is necessary to investigate the actual, threatened, or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way that has or could have serious consequences for us or another Subscriber, and/or (iii) the Creator Earnings result from unlawful or fraudulent activity, we may notify you that you have forfeited your Creator Earnings.
c. We may also withhold all or any part of the Creator Earnings due to you but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on Creator Earnings. We undertake no duty to pay Creator Earnings to third-party lienholders and may withhold payment of Creator Earnings until the lien has been removed.
d. We shall not have any responsibility to you if we withhold or forfeit any of your Creator Earnings where we have a right to do so under these Creator Terms.
e. If we are withholding all or any part of the Creator Earnings due to you and we determine that part of the Creator Earnings withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity, then we may arrange for you to be paid the part of the Creator Earnings which we determine to be unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all Creator Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.
f. If once we have finished our investigation we determine that Creator Earnings are forfeited, we will (unless prohibited by law) use our best efforts to ensure that any Payments which resulted in forfeited Creator Earnings are returned to the relevant Subscriber who paid such Payments.
(i) We recommend that all Creators seek professional advice to ensure they are compliant with your local Tax rules, based on your circumstances.
(ii) By using Xpurity as a Creator, you warrant that you have reported and will report in the future the receipt of all payments made to you in connection with your use of Xpurity to the relevant Tax authority in your jurisdiction, as required by law.
(iii) By using Xpurity as a Creator you warrant that you will at all times comply with all laws and regulations relating to Tax which apply to you. If, at any point, whilst you have an Xpurity Account, any Tax non-compliance occurs in relation to you (including a failure by you to report earnings or the imposition on you of any penalty or interest relating to Tax) or if any litigation, inquiry, or investigation is commenced against you that is in connection with, or which may lead to, any occurrence of Tax non-compliance, you agree that you will promptly notify email@example.com in writing within 7 days
(iv) For the avoidance of doubt, you are responsible for your own Tax affairs and we are not responsible for advising you on your Tax affairs and will not be liable in respect of any general information provided on Xpurity or by firstname.lastname@example.org in respect of Tax, and will not be liable for any non-payment of Tax by Creators.
(v) We reserve the right to close your Xpurity Account if we are notified of or become aware of any Tax non-compliance by you.