Last Updated March 2023
THESE TERMS APPLY TO YOU WHEN YOU SIGN UP TO AND USE OUR PLATFORM AS A CREATOR – PLEASE READ THEM CAREFULLY
1.1. These Terms of Use for Creators (the "Creator Terms") ****are additional terms which apply if you use the Platform as a Creator (also referred to herein as "you", including the variants "your" and "yours"). These Creator Terms form part of the binding contract between you and us as set out in our TOS and governs your rights and responsibilities as a Creator in connection with the Platform.
1.2. You acknowledge that by agreeing to these Creator Terms, and by using the Platform, certain other terms and policies will also apply to you and form part of your agreement with us as a Creator, including:
1.2.1. Terms of Use for All Users;
1.2.2. Terms of Use for Members;
1.2.3. Trust & Safety Policy;
1.2.4. Acceptable Use Policy;
1.2.5. Compliance Levels & Permissions Chart;
1.2.6. Referral Program Terms;
1.2.7. Co-Creator Agreement;
1.2.8. Payment Policy;
1.2.9. Each of the Content Removal Policy; Content Reporting Policy; and Content Moderation Policy - which sets out the procedure for making a complaint about Content or other aspects of the Platform, and how we will deal with such complaints;
1.2.10. Monthly Compliance Report Policy – which sets forth our reporting obligations with respect to all Content Published to the Platform; and
1.2.11. Various other terms, agreements and policies found on our Frequently Asked Questions Page or our SLUSHY Policies Page, as applicable.
1.3. You also understand and acknowledge that your personal information will be collected, used, shared, and otherwise processed in accordance with our Privacy Notice, and which applies to all Users.
1.4. In the event of any conflict between these Creator Terms, the Terms of Use for all Users and the Terms of Use for Members, these Creator Terms shall prevail.
In these Creator Terms, defined terms have the same meanings given to them in the Terms of Use for all Users, unless otherwise indicated. In addition, when used in these Creator Terms, the following terms shall have the following meaning:
2.1. “Adjusted Net Receipts” shall mean, with respect to each Member Payment earned by a Creator, that Member Payment less: (i) any chargebacks (including amounts paid as a result of credit card abuse or fraud, or paid to such Creator by us to settle a claim involving the allegation of credit card or other abuse or fraud), uncollectible revenue attributable to a Creator, or third-party transaction fees, the remainder of which will be split between SLUSHY and Creator in accordance with the terms set forth herein and in our Payment Policy; and (ii) any refunds made in accordance with the Payment Policy;
2.2. “Adult Content” shall refer to any NSFW Content that is pornographic or intended to cause sexual arousal, including, but not limited to, Content that depicts a person, cartoon/anime character, or animal with human-like features in a state of full or partial nudity, engaging in sexual intercourse or other sexual acts, or simulating sexual intercourse or other sexual acts;
2.3. “Creator Earnings” refers to the total amount payable to each Creator from each Member Payment, which shall be equal to eighty percent (80%) of the Adjusted Net Receipts, exclusive of any Withheld Taxes; and
2.4. “Live Content” shall refer to: (i) live, timed, one-off one-to-one sessions between a Creator and a User, which a Member must individually purchase to schedule such session; and (ii) live, timed, one-off Content that the Creator makes available to Members.
2.5. “Locked Content” 1. shall refer to one-off, particular posts of Content Published to a Creator’s account or profile, which a Member must individually purchase in order to view. For clarity, a Creator’s Locked Content will not be viewable by Members purchasing a Subscription to that Creator’s Subscription Content;
2.6. “Member Account” shall have the meaning given to it in the Terms of Use for Members;