This Content Creator Agreement (“Content Creator Agreement”) is a legal agreement between you or an entity that you are representing (“you,” “your”) and All Famous Holdings Inc. (“we,” “our” or “us”). This Content Creator Agreement governs your use of the technology, services and functionality that we make available to you under the Agreement and that relates to creation, use and monetization of content, including video chat, and direct messaging (the “Content Creator Services”). Content Creator Services may also include, or may facilitate the purchase, sale, license, or provision of products, software, services, content, and/or other goods to the extent that we make such functionality available to you.
This Content Creator Agreement is subject to the Terms and Conditions agreement (the “Agreement”) and is incorporated and made a part of the Agreement. In the event of any conflict between this Content Creator Agreement and the Agreement, this Content Creator Agreement will prevail to the extent expressly provided in this Content Creator Agreement, otherwise the Agreement will prevail. All capitalized terms used in this Content Creator Agreement and not defined here are as defined in the Agreement. The Content Creator Services are included in, and a part of the Services, as defined in the Agreement.
If you choose to use the Content Creator Services, you agree to this Content Creator Agreement and to the Agreement. This Content Creator Agreement and the Agreement govern your use of the Content Creator Services. Your use of the Content Creator Services automatically indicates and constitutes your acceptance of this Content Creator Agreement and of the Agreement. Your use of the Content Creator Services also automatically indicates and constitutes your acceptance of our Privacy Policy.
SECTION 12 OF THE AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE, A WAIVER OF YOUR RIGHT TO FILE A LAWSUIT AND OF YOUR RIGHT TO A TRIAL BY JURY, AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. THESE ARE IMPORTANT RIGHTS THAT YOU CHOOSE TO WAIVE WHEN YOU ENTER INTO THIS CONTENT CREATOR AGREEMENT AND IN THE AGREEMENT. PLEASE REVIEW SECTION 12 OF THE AGREEMENT BEFORE YOU CHOOSE TO USE THE CONTENT CREATOR SERVICES.
1. Your Services.
As part of the Content Creator Services, we enable you to provide to other users of our Services (the Users, as defined in the Agreement) various services of your choice, including video, audio or text chat, professional advice, mentoring, advertising, or other services, as agreed by you and any User on a case by case basis (collectively “Your Services”). The following provisions will apply to Your Services:
a. You agree to provide Your Services to Users in accordance with this Agreement (including this Content Creator Agreement).
b. You represent and warrant to us and to each User that uses Your Services that Your Services will (i) be professional, (ii) meet the description that you provide to the Users and/or to us, (iii) be of a quality at least as high as that of similar services offered elsewhere in the industry, (iv) will not include any content that is prohibited, offensive or otherwise objectionable to any User, (v) will not infringe the intellectual property rights of any party, and (vi) will not violate any applicable law or regulation.
c. To protect you in the event of a dispute between you and a User, we are asking Users to agree to a limitation of liability relating to Your Services. Please see the disclaimer applicable to Content Creators in the User Agreement available on our website. While we expect that the disclaimer of liability applicable to Your Services in the User Agreement will help decrease your liability in the event of a dispute between you and a User, we do not guarantee that such disclaimer will be in fact be successful in protecting you. Please review that disclaimer, together with the rest of the User Agreement. While we hope that no disputes will arise between you and any User, we reserve the right to intervene or not intervene in any dispute between you and any User, as we decide in each case in our sole discretion.
d. With respect to any Users that you identify through the Services, or with which you connect through the Services, you agree to (i) only provide Your Services and any other similar services for financial compensation through our Services, and not through any other platform or services (including a competing platform, email, separate chat application, or otherwise) (for clarification, this clause does not prevent you from engaging with such Users or providing to such Users Your Services or any other similar services for free through another platform or services), and (ii) not solicit such Users to avoid or otherwise bypass the use of the Services on our platform. In particular, you will act in good faith when interacting with Users, and you will not attempt to avoid paying the fees that you owe to us under this Agreement (including this Content Creator Agreement) by engaging or attempting to engage with Users outside our Services.
e. You will be solely responsible for Your Services, and you agree that we will not have any liability to you, to any User, or to any third party in connection with Your Services and your interactions with Users. You will defend, indemnify and hold us harmless against any liability, costs (including reasonable attorney fees), expenses or claims brought against us in connection with Your Services and/or your interactions with Users.
f. You agree to provide to us all the data that we need to provide to you the Content Creator Services and to enable you to deliver Your Services to Users under this Agreement, including any tax-related information (e.g., W-9 and equivalent forms), banking information (e.g., a bank account where we can deposit your earnings), and information required by applicable laws and regulations (e.g., AML and KYC information). You grant us a nonexclusive license to use such data to provide to you the Content Creator Services and to enable you to deliver Your Services to Users under this Agreement. All such data will be considered part of “Your Data” as defined in the Agreement and will be subject to the Agreement and the Privacy Policy.
g. You will assist us as reasonably requested by us to help us provide to you the Content Creator Services and to enable you to deliver Your Services to Users under this Agreement.
2. Financials.
a. You have full discretion to set your fees for Your Services, provided that you remain in compliance with this Agreement (including this Content Creator Agreement).
b. You agree that all payments and other consideration that you receive from providing Your Services to Users (including payments from Users) will be processed through our Services, using the payment process specified for us. For example, we may require you to process all payments for Your Services from Users through Google (e.g., through Google Pay), through Apple (e.g., through Apple Pay), or through another payment processor.
c. You agree that we will be entitled to withhold from all payments and other consideration that you receive from providing Your Services to Users (including payments from Users and third parties) our fees (“Our Fees”). Our Fees will include (i) compensation for us for making available to you the Services and Content Creator Services, and for enabling you to provide Your Services to Users, and (ii) third party fees that we will pay to third parties as applicable (e.g., fees payable to Google or Apple). We will publish Our Fees on the website. We reserve the right to change Our Fees at any time with thirty (30) days prior written notice. If you use any Services (including any Content Creator Services), and/or if you provide any of Your Services through any User after any change to Our Fees becomes effective as posted by us, you automatically agree to such change.
d. If for any reason any payment or other consideration that you receive from providing Your Services to Users (including payments from Users or any third parties) is not processed through our Services, you will remit to us an amount equal to Our Fees corresponding to such payments or consideration within fourteen (14) days after you receive such payments or consideration.
3. Disputes and Applicable Law.
a. Your use of and access to the Content Creator Services, and this Content Creator Agreement are at all times subject to the Agreement, including Section 10 (Liability and Disclaimers) pursuant to which we limit our liability in connection will the Services (including the Content Creator Services), and Section 12 (Disputes and Application Law) pursuant to which you agree to binding arbitration and you waive your right to act as a plaintiff or otherwise participate in a class action.
b. You acknowledge and agree that we would not provide to you access to the Content Creator Services if you had not agreed to all of the terms and conditions of the Agreement, including the applicable law, arbitration and waiver of class action specified in Sections 10 and 12 of the Agreement.
All Famous Holdings Inc. 100 Sharp Road, Marlton NJ 08053 Support@AllFamous.Com
