Terms of Use for Creators
Notice regarding the language priority of the web terms.
In the event of any inconsistencies, contradictions or errors in translation between the English and Czech versions of our web terms, the Czech version shall be the primary and final terms. Czech conditions take precedence and will always apply over English conditions. If you have any questions about the content or interpretation of the Website Terms, please contact us for further information and clarification.
BY USING OUR SITE AS A CREATOR YOU AGREE TO BE BOUND BY THESE TERMS - PLEASE READ THEM CAREFULLY
1. Introduction: These Creator Terms of Use are additional terms that apply if you use Gayplanet as a Creator (you are also referred to as "you" and "your" in these Creator Terms of Use). These Creator Terms of Use form part of your agreement with us. 2. Interpretation: In these Terms of Use for Creators, defined terms have the same meanings as in Terms of use for all users. In addition:
a) "VAT" means value added tax in the Czech Republic; and
b) "Taxes" include all forms of taxes and statutory, government, state, federal, provincial, local government or municipal fees, duties, charges, contributions, levies, deductions or obligations, whether charged in the Czech Republic or in any other jurisdiction.
3. The following terms will apply to your use of GayPlanet and you agree to them:a) Our terms of use for all users;
b) Our privacy policy - which tells you how we use your personal data and other information we collect about you;
c) Our Rules of Conduct - which tell you what you can and can't do on GayPlanet;
d) Our Complaint Policy - which sets out the procedure for making a complaint about any aspect of GayPlanet and how we will deal with that complaint;
e) Standard Subscriber/Creator Agreement - which is not part of your contract with us, but which governs and sets out the terms applicable to each
4. The following additional terms may also apply to your use of GayPlanet:
a) If you are also a subscriber, subscriber terms of use will also apply to your use of GayPlanet as a subscriber; and
b) If you participate in the GayPlanet Referral Program, your use of the Referral Program will be subject to referral program conditions.
5. What are the fees we charge creators for using GayPlanet? We charge you a fee of twenty percent (20%) of all Subscriber Payments we make to you (the remaining eighty percent (80%) of the Subscriber Payment is due to you (called “Creators Earnings/Commissions”). Our fee includes the cost of providing , maintaining and operating GayPlanet and storing your content. Our fee is deducted from the payment from subscribers and Creator Earnings are paid to you as described in the Creator Payments section. 6. How to set up your account as a creator account:a) On the "Wallet" page, in the "My Premium" section and then "settings", you will need to upload a valid ID and a photo of you holding the ID next to your face and send the request to us for verification,
b) We may ask you for additional age or identity verification information at any time.
c) Once verification is successfully completed, set the prices you want to charge your subscribers for your content on the "settings" page.
d) You will then be able to start adding premium content and users will be able to subscribe to your premium content.
e) If you lose access to your account, you can reset your password, but you will need to know the email address used to set up your account. If you do not remember the email address used to create your account, we may ask you to provide identification documents and photographs and any other evidence we may reasonably require to prove your identity.
7. Personal Liability of Creators: Creators can only be individuals. Each Creator is personally bound by the Terms of Service. If you have a representative, agency, management company or other third party helping you operate your Creator Account (or operating it on your behalf), this does not affect your personal legal liability. Our relationship is with you, not with any third party, and you will be legally responsible for ensuring that all posted content and all use of your account complies with the Terms of Service. 8. Subscriber/Creator Transactions: This section describes the terms that apply to Subscriber/Creator transactions:a) All subscriber/creator transactions are contracts between subscribers and creators based on the terms standard contract between subscriber and creator. Although we facilitate Subscriber/Creator transactions by providing the GayPlanet platform and hosting content, we are not a party to the Standard Subscriber/Creator Agreement or any other agreement that may exist between Subscriber/Creator and are not responsible for any Subscriber/Creator.
b) When you receive confirmation from GayPlanet, either by email, notice (or both), that the Subscriber/Creator transaction has been confirmed, you must do your part by allowing the Subscriber to view the content on your account. That is that you should not block subscribers or otherwise hide this premium content. You agree to indemnify us against any breach by you of this obligation (which means that you will be liable for any loss or damage (including lost profits) we suffer as a result of your failure to comply with this obligation).
9. Content - General Terms: In addition to the terms set out elsewhere in the Terms of Service (especially in our rules of conduct) the following conditions also apply to Content that you have published, displayed, uploaded as a Creator on GayPlanet:a) Your Content is non-confidential and you authorize your subscribers to access and view your content on GayPlanet for their own lawful and personal use and in accordance with any licenses you grant to your subscribers.
b) You warrant (meaning you give us a legally enforceable promise) that for each item of Content you post, display, upload or publish on GayPlanet:
I. the content fully complies with the Terms of Service (and in particular with our Rules of Conduct);
II. you own all rights necessary to license and market your Content on GayPlanet, including all territories where you have subscribers; III. you either own your content (and all intellectual property rights to it) or have a valid license to offer and deliver your content to your subscribers; IV. if your content includes or uses any third-party material, you have obtained all rights, licenses, written consents and releases necessary for the use of such third-party property in your content and for the subsequent use and exploitation of such content on GayPlanet; andV. content is:
1. of satisfactory quality, taking into account any description of the Content, price and all other relevant circumstances, including any statement or representation you make about the nature of the Content in your account or in any advertisement; 2. the purpose for which Subscriber uses the Content is reasonably appropriate for any purpose that Subscriber has notified you and as you have described.c) You agree to be liable to us and to indemnify us if any of the warranties in Section 9(b) are found to be false. This means that you will be responsible for any loss or damage (including lost profits) that we suffer as a result of any warranty being untrue.
d) We are not responsible for and do not endorse any aspect of any content posted by you or any other GayPlanet user. We have no obligation to monitor any content and have no direct control over what your content may contain.
e) You also agree to act as the controller of record for the Content you upload to GayPlanet.
10. Advertising on GayPlanet:a) If you post or upload photo content or video content to your Premium Posts that is designed to directly or indirectly promote the goods, services or image of a third party for a fee, or for self-promotional purposes (including advertising, sponsorship, and product placement), then you must comply with the requirements set forth in Sections 10(b) and (c) of these Creator Terms of Use.
b) Requirements - Promotional Content: You must ensure that any Promotional Content you post to your Creator Account:
I. did not contain:
1. prejudices respecting human dignity; 2. discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation; 3. conduct prejudicial to health or safety; 4. behavior grossly damaging environmental protection; 5. physical, mental or moral harm to any person; 6. directly solicit persons to buy or rent goods or services in a manner that exploits their inexperience or gullibility; 7. directly encourage persons to persuade others to buy or rent goods or services; 8. exploit the trust of persons in others; or 9. show people in dangerous situations for no reason; II. does not promote cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refills, illegal drugs or any prescription drugs; III. does not promote or facilitate illegal gambling a IV. with respect to any advertising content for alcoholic beverages, it is not aimed at minors and does not encourage immoderate consumption of alcohol.c) Transparency Requirement - Advertising Content: You must declare that any advertising content you post or upload to GayPlanet contains advertising by including #Sponsored in the caption of the advertising content before you post or upload it.
p> 11. Co-authored content:a) If you upload Content to your Creator Account that features someone other than or other than you (even if that person cannot be identified from the Content) ("Co-authored Content"), you warrant (meaning make a legally enforceable promise to us ) that each individual featured in any co-authored content uploaded to your account is i) a creator on GayPlanet; or ii) a consenting adult, and that you have verified the identity and age of each such individual and provide supporting documents as we may, in our discretion, request.
b) You further warrant that you have obtained and maintain written consent from each individual named in your Co-Authored Content that such individual:
I. has given his express, prior and fully informed consent to his appearance in the co-authored content; and
II. has agreed to have co-authored content in which he appears published on GayPlanet.c) In addition to the acknowledgments in Sections 11(a) and (b) above, you agree that if you upload co-authored content where the other person or persons featured in the content have a creator account on GayPlanet, you will credit the account of any person or persons appearing in co-authored content in which that person can be identified.
d) If any co-authored content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other co-authors of the content sufficient to allow such content to be uploaded and made available on GayPlanet.
e) You agree that we will ensure that Creators' earnings are paid only to the creator's account to which the co-authored content is uploaded. The creator who uploaded the Contributed Content is solely responsible for the division and distribution of all revenue generated from the Contributed Content to the individuals depicted in such Contributed Content. Any such revenue sharing agreement will be an independent, private agreement between you and such person(s) and we are not responsible for providing or enforcing any such agreements. You acknowledge and agree that you are not entitled to any Creator Earnings earned for any co-authored content in which you appear but which is posted on another creator's account. If you post co-authored content to your account, we may require you to provide valid and complete legal information for all persons appearing in the co-authored content. If you do not provide any information that we request upon our request, we may delete the co-authored content, limit your rights and authority to post as a creator, terminate your account, and/or withhold all or any portion of the earned creator earnings that have not yet been paid to you.
f) You agree to indemnify and hold us harmless from any claims arising from Co-Authored Content. You agree that all claims arising from Contributed Content shall be brought against the Creator(s) who posted the Contributed Content or individuals appearing in the Contributed Content (as applicable).
12. Please read the terms for creator payouts and the circumstances under which we may withhold your earnings in our Conditions for payments to creators
13. Tax and VAT compliance is also important to you, so please read these terms carefully.
Last updated: 6/15/2022