Last Updated: January 1, 2024
Naughty Creator Subscription Platform - TERMS OF SERVICE
1. DEFINITIONS IN THE TERMS OF SERVICE
2. ACCEPTANCE OF TERMS
3. ELIGIBILITY
4. ACCEPTABLE USE POLICY
5. REGISTERING WITH NAUGHTY CREATOR - GENERAL PROVISIONS
6. REGISTERING WITH NAUGHTY CREATOR AS A FAN
7. REGISTERING WITH NAUGHTY CREATOR AS A CREATOR
8. CONTENT
9. REFERRAL PROGRAM
10. COMPLAINTS POLICY
11. COMPANY RIGHTS
12. THIRD PARTY WEBSITES
13. DISCLAIMER OF WARRANTIES
14. LIMITATION OF LIABILITIES
15. RELEASES
Welcome to Naughty Creator, a subscription-based community platform that connects creators and fans. Naughty Creator is operated by NCreator OÜ. We are a limited liability company registered in Estonia, with company registration number 16772845 and we have our registered office address at Harju maakond, Tallinn, Lasnamäe linnaosa, Lõõtsa tn 2a, 11415 Estonia. E-mail address: support@naughtycreator.com
By using our services, you agree to comply with and be bound by these Terms of Service (the "Terms"). Please read these Terms carefully before using Naughty Creator. We may make changes to these Terms from time to time, and the updated Terms will become effective on the date specified at the top of this page. The company will try to notify all users about the Terms of Service update, however we are not obligated to inform you about any changes, therefore it's your responsibility to regularly check this page for the most up-to-date agreement. If you continue using Naughty Creator after we've updated these Terms, it means you accept the new terms. If you don't agree with the changes, your only option is to stop using Naughty Creator.
1. DEFINITIONS IN THE TERMS OF SERVICE
1.1 When we mention “Naughty Creator” or “Platform”, we mean our website accessible via the URL www.naughtycreator.com.
1.2 When we mention "we," "our," or "us," we are talking about NCreator OÜ, the company that runs Naughty Creator.
1.3 A "Creator" is a user who has set up their Naughty Creator account to post content on the platform for other users to see.
1.4 A "Fan" is a user who follows a Creator and can view the content the Creator posts.
1.5 "Content" refers to any material that users, whether they're Creators or Fans, upload to Naughty Creator. This includes things like photos, videos, audio, live streams, data, text (like comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and anything else you can think of.
1.6 "User" means anyone who uses Naughty Creator, whether they're a Creator, a Fan, or both. We might also refer to you as "you" or "your" in these Terms.
1.7 A "Referring User" is a user who takes part in the Naughty Creator Referral Program.
1.8 "Fan Payment" includes all the payments that Fans make to Creators as part of a Fan/Creator Transaction, or as tips to Creators.
1.9 A "Subscription" is when a Fan pays to access a Creator's account for a period, which could be one month or longer as part of a bundle.
1.10 The "Standard Contract between Fan and Creator" refers to the terms that govern each transaction between a Fan and a Creator. You can find these terms here.
2. ACCEPTANCE OF TERMS
By accessing or/and registering with Naughty Creator, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms or you do not meet or comply with its provisions, you must not access or use Naughty Creator platform.
3. ELIGIBILITY
3.1 Naughty Creator contains adult oriented content and is not intended for minors. You must be at least 18 years old to use Naughty Creator. By using our services, you represent and warrant that you are of legal age and have the capacity to enter into and abide by these Terms. If you do not meet these age requirements, you must not access Naughty Creator and must leave the site immediately.
3.2 Prohibition of Child Sexual Abuse Material: Naughty Creator strictly forbids any form of explicit content involving minors, commonly referred to as child sexual abuse material (CSAM). Our platform only permits the sharing of visual content featuring consenting adults for the consumption of other consenting adults. If you come across any visual content, whether real or simulated, showing minors engaged in sexual activities on Naughty Creator, please report it immediately to us at support@naughtycreator.com and include as much information as possible. We take these reports seriously and will promptly investigate and take appropriate action. Naughty Creator fully cooperates with law enforcement agencies in any CSAM-related investigations.
3.3 Parental Control Notice: If minors have access to your computer, it's essential to take steps to prevent their exposure to sexually explicit material. You can do this by using parental control tools, such as specialized software, filtering services, or even specific computer hardware designed for this purpose. These tools can be highly effective in restricting access to content that is not suitable for minors and helps in creating a safer online environment for them.
3.4 Prohibition of Prostitution and Sex Trafficking: We absolutely do not allow any actions related to prostitution or sex trafficking on Naughty Creator. This includes trying to solicit, advertise, or help in any way with prostitution or sex trafficking. If you engage in such activities, whether directly on Naughty Creator or by sharing links to external websites that promote or assist in prostitution or sex trafficking, we have the right to close your account without refunding or paying out any money in your account at the time of the offense or closure.
4. ACCEPTABLE USE POLICY
By using our website, you agree to abide by these rules – please read them carefully. This policy governs how you can use Naughty Creator and interact with all the Content on our Platform. It's a vital part of our agreement with you and outlines what's allowed and what's not. Breaches of this Policy may lead to your account being suspended or terminated, and access to your earnings being revoked, as set out in the Terms of Service.
4.1 Please use Naughty Creator solely for your personal enjoyment. Don't sell, rent, transfer, or share your account or any content you find on Naughty Creator with anyone else.
4.2 Make sure your use of Naughty Creator is in line with the law.
4.3 Don't upload, post, display, or publish any content on Naughty Creator that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening, harassing, or promotes violence or any illegal activities.
4.4 Do not use Naughty Creator in a way that could exploit, harm, or expose anyone under 18 to inappropriate content. We take this matter seriously.
4.5 Please refrain from uploading, posting, displaying, or sharing any content on Naughty Creator that features or mentions:
4.5.1 Anyone under the age of 18 (or content that generally references individuals under 18);
4.5.2 Any other individual unless you possess written documentation that verifies all individuals depicted, mentioned, or referenced in your content are at least 18 years old. Additionally, you must have written consent from each individual allowing you to use their name, images, or both in the content.
4.6 Do not upload, post, display, or publish Content on Naughty Creator that shows, promotes, advertises or refers to:
4.6.1 Content related to escort services, sex trafficking, or prostitution;
4.6.2 Content depicting self-harm or suicide;
4.6.3 Firearms, weapons, or any items whose sale, possession, or use is prohibited or restricted;
4.6.4 Drugs or drug-related paraphernalia;
4.6.5 Explicit violence, rape, non-consensual acts, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse, hardcore bondage, extreme fisting, or genital mutilation;
4.6.6 Incestuous material;
4.6.7 Content involving necrophilia;
4.6.8 Bestiality;
4.6.9 Material related to urine, feces, or excrement;
4.6.10 "Revenge porn," which includes sexually explicit material featuring individuals who have not given clear and informed consent for the material to be captured, posted, or shared on Naughty Creator.
4.7 Do not upload, post, display, or publish any content on Naughty Creator that falls into the following categories:
4.7.1 Unsolicited Sexual Content: This includes content that contains unsolicited sexual language that objectifies another user or anyone else without their consent, as well as content featuring fake or manipulated sexual material involving another user or anyone else, including "deep fakes";
4.7.2 Hate Speech: Content that promotes or references hate speech, which aims to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear, or violence against a group or individual based on various protected characteristics such as race, ethnicity, gender, religion, sexual orientation, disability, and more;
4.7.3 Unauthorized Personal Information: Content that contains or references someone else's personal data or private information (e.g., contact details, addresses, email addresses, login credentials, financial information, biometric data, medical records) without their explicit written consent;
4.7.4 False Representation: Content that falsely suggests it originates from or is endorsed by us or any other person or company;
4.7.5 Disruptive or Offensive Content: Content intended to cause inconvenience, anxiety, embarrassment, or serious offense to others;
4.7.6 Extortion: Content used or intended to be used to extract money or benefits from others in exchange for removing the content;
4.7.7 Commercial Activities: Content that involves or promotes third-party commercial activities without our prior consent, such as contests, advertising, job postings, or sales promotions.
4.8 Show proper respect for the intellectual property rights of Creators. This means you should not record, copy, share, publicly display, or distribute their content without authorization.
4.9 Do not provide false account registration information or make unauthorized use of anyone else's information or Content.
4.10 Do not use Naughty Creator to engage in stalking, bullying, abusing, harassing, threatening, or intimidating others in any way.
4.11 Do not use Naughty Creator for any actions that could trick or confuse other users or give them false information.
4.12 Do not engage in any actions that infringe upon our rights or the rights of others. This includes intellectual property rights (like copyrights and trademarks), personal rights, unfair competition, privacy, and data protection rights.
4.13 Do not post or promote any content that falls under the category of spam, content that aims to artificially boost a Creator's views or engagement, or anything that is insincere, redundant, deceptive, or of poor quality.
4.14 Do not copy, print, share, attempt to download and/or save, alter, modify, show to the public, perform in public, republish or transmit any Content, unless such actions are explicitly allowed in the Terms of Service.
4.15 Do not broadcast or share pre-recorded audio or video content during a live stream, and do not attempt to present recorded material as if it were happening in real-time.
4.16 Do not record or broadcast nudity or sexual activity from any public place where members of the public are reasonably likely to see your content.
4.17 Don't try to break down, take apart, or reverse engineer Naughty Creator's source code in any way.
4.18 Do not use Naughty Creator in a manner that could harm our systems or security or disrupt another User's experience on the Platform, including their ability to engage in real-time activities through Naughty Creator.
4.19 Do not intentionally include any viruses, trojans, worms, logic bombs or any other potentially harmful or malicious material in the content.
4.20 Do not use any kind of automated program, tool, or process (like web crawlers, robots, bots, spiders, or automated scripts) to access Naughty Creator or any of its connected servers, networks, or systems. This also includes not using automation to extract, scrape, collect, harvest, or gather any content or information from Naughty Creator.
4.21 Do not pretend to be us, one of our employees, another User, or anyone else, and do not make false claims or suggest any connection or support between you and us, or between you and any other person or company.
4.22 Do not access Naughty Creator if you are, or are required to be, a registered sex offender in any jurisdiction.
4.23 Do not use the Naughty Creator name, logo, or any related or similar elements, including names, logos, product and service names, designs, or slogans, unless you are explicitly allowed to do so under the Terms of Service or have obtained our prior written approval.
4.24 Violations of Prohibited Uses
Engaging in any activities that are prohibited under these Terms will be seen as a violation of the Terms. Such violations could lead to the immediate suspension or termination of your account without prior notice, at our sole discretion.
We reserve the right, although we're not obliged to, to withhold the earnings of any users who violate these Terms and, if necessary, return some or all of those earnings to other affected users. In cases where you engage in any of the prohibited activities mentioned above or any unauthorized use of Naughty Creator, we may take legal actions against you, including pursuing civil, criminal, or injunctive remedies, and the possibility of canceling your account. Keep in mind that any unauthorized use of Naughty Creator or our computer systems not only violates these Terms but may also contravene various international, foreign, and domestic laws.
4.25 Reporting Content Violations and Suspicious Activities
If you come across any content on Naughty Creator or notice a user engaging in activities that go against our Terms, please get in touch with us via email at support@naughtycreator.com. It's crucial to provide us with as much information as possible, including a link or the specific location where we can find the problematic content or activity, the username of the person involved in the suspicious actions, the date and time when you first noticed these issues, a statement confirming the accuracy of the information you've provided. Also please explain why you believe we should remove the objectionable content or investigate the activities.
If you're a Creator on our platform, you have a responsibility to report any content violations or suspicious activities to us. If you're aware of such activities but choose not to report them, we may consider you complicit in any violations you were aware of but did not report. We take these reports seriously to maintain a safe and compliant community on Naughty Creator.
4.26 Law Enforcement
We are committed to working closely with law enforcement authorities and complying with court orders from competent jurisdictions. This includes providing information regarding the identity or whereabouts of any user who is found to be in violation of these Terms. Our cooperation will be in line with our privacy policies, as well as our procedures for responding to subpoenas and applicable laws and regulations.
If your actions lead to the Company receiving a subpoena, discovery request, production order, or court directive that results in expenses, legal fees, or court costs for compliance, you agree to reimburse us for these incurred expenses upon our request.
5. REGISTERING WITH NAUGHTY CREATOR - GENERAL PROVISIONS (Applicable to all users)
5.1 By registering on Naughty Creator, you confirm and warrant that:
5.1.1 You are at least 18 years old;
5.1.2 All the details you enter to create your account, your profile information, and any content you share belong to you. The data you provide is not missing any important information, is honest, and is entirely accurate;
5.1.3 You keep your information up-to-date by promptly making any necessary changes whenever there are updates;
5.1.4 You're signing up for Naughty Creator solely for your personal purposes. You won't sell, lease, or hand over your account to anyone else;
5.1.5 You take full responsibility for all actions and events that take place on your account;
5.1.6 You will ensure to log out of your account after each session or use;
5.1.7 You will be extremely careful when logging into your account on a computer that is used by the public or shared with others. This is to ensure that no one else can get access to, see, or save your password or any other personal information you have stored;
5.1.8 You are responsible for keeping your login information private and safe. If you suspect that someone is using your account without your consent or if there has been any unauthorized access to your account, you will promptly inform us at support@naughtycreator.com.
5.1.9 If you had an account with Naughty Creator in the past, that account was not suspended or terminated by us due to a breach of the Terms of Service.
6. REGISTERING WITH NAUGHTY CREATOR AS A FAN
6.1 By registering on Naughty Creator as a fan, you confirm and warrant that:
6.1.1 If the laws in your country or state require a higher age than 18 to legally enter into a contract, then you meet that age requirement according to your local laws;
6.1.2 You will provide any necessary information or verification documents as we request;
6.1.3 You are legally allowed, according to the laws of your country or state, to join Naughty Creator, access its content, and use its features;
6.1.4 You have the ability and willingness to make payments (if necessary) to access the content on Naughty Creator that you want to see and to use any of Naughty Creator's provided features that you want to use.
6.2 To get started as a Fan: You must first register and create a User account on Naughty Creator. During registration, you must provide a valid email address, a username, and set up a password. Alternatively, you can also sign up by using your Twitter or Google account. We recommend to use unique password (different to those you use for other websites) and the password must comply with the technical requirements set by Naughty Creator. If you wish to buy content on Naughty Creator, you'll have to provide a valid payment method. It's important to note that Naughty Creator doesn't keep any of your payment information on record.
6.3 Terms which apply to Fan/Creator Transactions (Subscriptions and purchases):
6.3.1 All Fan/Creator Transactions are essentially agreements between fans and creators based on our Standard Contract. While we facilitate these transactions by hosting the platform and storing content, we are not directly involved in these contracts or responsible for any issues arising from them;
6.3.2 The payments made by Fans do not include Value Added Tax (VAT), which will be added to the total amount at the current applicable rate;
6.3.3 Creators have the sole responsibility of deciding the prices for Fan/Creator Transactions and the content that Fans can access on Naughty Creator. These prices are displayed exclusively in USD (United States Dollars);
6.3.4 Subscription Plans: Naughty Creator may offer various subscription plans for Fans to access Creators' exclusive content. You can choose a subscription plan based on your preferences and payment capabilities;
6.3.5 In order to engage in a Fan/Creator Transaction with a specific content Creator, you need to take two steps: firstly, you should link a payment card to your account, and secondly, you should press the 'Subscribe' button found on the Creator's profile page who you want to support or follow;
6.3.6 You give us permission to share your payment card information with a third-party payment service provider to handle your Fan Payment. All Fan Payments will be billed in US dollars. It's possible that your payment card provider may levy currency conversion fees on you. We don't have influence over the exchange rates or the fees imposed by your payment card provider or bank, and neither we nor our affiliated companies will be held responsible for covering any of these charges or fees imposed by your payment card provider or bank;
6.3.7 If you decide to link two or more payment cards to your account, and you attempt to make a Fan Payment using the first card, but it gets declined for any reason, the system will automatically switch to the other payment card to complete the entire Fan Payment transaction;
6.3.8 The payment service provider will do the following: firstly, regularly charge your payment card for Fan Payments that are Subscription-based and secondly, it will instantly charge your payment card for Fan Payments that are not Subscriptions, such as Pay-per-view content or tips you give to a Creator. You give permission for these charges to be made using the payment card information you provided;
6.3.9 With the exception of free trial subscriptions, all subscriptions to a Creator's profile will renew automatically when their subscription period ends. This renewal will only not occur if your payment card is declined, the subscription price has gone up, or you manually disable the "Auto-Renew" option on the Creator's profile. In simple terms, if you wish to stop subscribing to a Creator's profile and avoid ongoing monthly subscription charges, you'll have to go to their profile and turn off the "Auto-Renew" feature;
6.3.10 If you decide to cancel your subscription, you can still access the content created by the Creator you subscribed to until the current subscription period ends. However, once that period is over, you won't be charged for any more subscriptions to that Creator unless you decide to subscribe again. At that point, you won't have access to the Creator's content anymore. Importantly, if you cancel a subscription, you understand and agree that you will not receive a refund;
6.3.11 You may block another user; however, you will instantly lose access to their content, and you will not get a refund for any unused subscription days. On the other hand, if someone you have subscribed to blocks you, you will immediately lose access to their content, and we may decide whether you will get a refund or credit for the remaining days in your current subscription period at our discretion;
6.3.12 Wallet credits, referred to as "Wallet Credits," are a form of advance payment on Naughty Creator that you can utilize for making Fan Payments. It's important to note that Naughty Creator doesn't allow splitting of payments. In the event that you try to make a purchase exceeding the balance of your Wallet Credits, your credit card will be charged the entire purchase amount. The amount of Wallet Credits you can have is subject to a maximum limit set by us, and these credits do not earn any interest. Importantly, once you load money into your Wallet Credits, it's non-refundable. In other words, you will not receive a refund for any unused Wallet Credits;
6.3.13 Refunds: You acknowledge and agree that you must not make unwarranted refund requests for any Fan/Creator Transaction or tips to Creators, nor should you initiate unwarranted chargeback requests with your payment card provider for such transactions. If we determine that your refund or chargeback request is dishonest or made in bad faith, we reserve the right to temporarily suspend or permanently delete your user account. Ordinarily, our standard policy is that purchases and/or fees associated with your account are final and nonrefundable. Nevertheless, refund requests are handled on a case-by-case basis by our Consumer Support department and we do have the authority to consider refund requests and, if deemed appropriate, provide refunds at our own discretion;
6.3.14 Virtual Currency: We may allow Users to make purchases on Naughty Creator using virtual currencies like Bitcoin. Whether we accept these forms of payment is entirely up to us, and it might not be available for an extended period. Keep in mind that once you make a payment in virtual currency, it cannot be reversed. If we decide to issue a refund for virtual currency payments, it will be at our discretion, and it could either be in the form of a virtual currency transfer or the equivalent cash value, depending on what we choose. We want to make it clear that we are not responsible for any potential losses due to changes in the value of virtual currency, and there might be additional fees for handling virtual currency transactions;
6.3.15 Taxes Related to Purchases: In case the Company needs to gather or cover any taxes related to your payment for a premium service, you will be billed for these taxes when you make a purchase. Furthermore, if the law mandates it, you have the responsibility to report and settle specific taxes associated with your acquisition and utilization of a paid service. These taxes could comprise customs fees, value added tax, or other taxes (excluding income tax), as well as any applicable fines or interest related to your purchase or the country where you made the purchase;
6.3.16 Billing Errors: In case you think the Company has billed you incorrectly, you need to inform us in writing within 30 days of receiving the first billing statement with the error. If you don't do this within the 30-day period, you lose the right to question the charges. To dispute a bill, send an email to support@naughtycreator.com with a thorough explanation of the disputed charges' nature and amount. The Company will rectify any billing errors and adjust them in your future payments;
6.3.17 Chargebacks: If you make a purchase that results in a chargeback, we may immediately suspend or terminate your account.
6.4 Adult material: By using Naughty Creator, you confirm that you're aware that the content available on the platform is intended for adults and may include explicit material. You agree to be mindful of this when choosing where and how to access and view this content. We won't be held responsible for any negative consequences you may face if you access or view adult content in a manner that violates your contractual obligations with a third party (like your employment agreement) or goes against any relevant laws.
6.5 User account suspension: If we decide to temporarily block your user account as allowed by our Terms of Service, any payments you were supposed to make to content Creators during the suspension period will also be put on hold until your user account is reinstated.
6.6 Deleting your account: Navigate to the Settings menu and choose the option labeled "Delete Account." Your account will then be permanently removed, and you'll receive an email confirming this action. It's important to be aware that if you have an active subscription, it will be terminated, and it won't automatically renew. Once your account is deleted, you won't be able to recover it, and you'll need to create a new one.
7. REGISTERING WITH NAUGHTY CREATOR AS A CREATOR
7.1 To register and become a Creator on the Platform, you need to go through our Creator registration process. Your approval as a Creator is entirely at the discretion of the Company. If you plan to sell content on Naughty Creator, you must link a verified bank account (either checking or savings) and your earnings will be transferred directly to this bank account via a bank wire transfer.
By registering as a Creator, you consent to us and our partners collecting, storing, and managing certain biometric information from any content or verification documents you submit. This biometric data might include things like retina scans, iris scans, or facial geometry measurements.
Please note - 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 we deem necessary, including but not limited to violations of our Terms of Service, content guidelines, or any other policies and standards established by our platform.
Once you have set up your account as a Creator account, if you want to charge your followers a monthly fee, you must choose a subscription price within the limits defined by Naughty Creator. Once you've set the price, you can start sharing content, and users can subscribe to your account to become your Fans.
If you ever lose access to your account, you can reset your password. However, you'll need to remember the email address you used during the account setup. If you can't recall the email address, we might ask you to provide identification documents, photos, and any other reasonable evidence to confirm your identity.
7.2 Creators fees for the use of Naughty Creator: We take a 20% fee from all payments your fans make to you, excluding any VAT charges. This fee, which we call "Our Fee," covers the expenses of running Naughty Creator, like hosting your content and maintaining the platform. The remaining 80% of the fan payments, also excluding any VAT charges, is what you receive as "Creator Earnings." We deduct Our Fee from the fan payments, and you'll get your Creator Earnings through the method explained in the "7.5 Payouts to Creators" section below.
7.3 Fan/Creator Transactions: This section outlines the rules governing interactions between fans and creators on our Naughty Creator platform:
7.3.1 All Fan/Creator Transactions are essentially agreements between Fans and Creators based on our Standard Contract. While we facilitate these transactions by hosting the platform and storing content, we are not directly involved in these contracts or responsible for any issues arising from them;
7.3.2 The payments made by Fans do not include Value Added Tax (VAT), which will be added to the total amount at the current applicable rate;
7.3.3 Once you receive confirmation, either through your User account's 'Statements' page or via email (or both), that a Fan/Creator Transaction has been confirmed, you are obligated to fulfill your part of the deal. This could involve granting fans access to your content, delivering the customized content they paid for, or enabling paid Fan interaction features, as applicable. If you fail to do so, you agree to compensate us for any losses or damages, including lost profits, that we may incur due to your failure to meet this obligation.
7.4 Creators personal legal responsibility: Individual Creators are solely responsible for following the Terms of Service. If you have someone helping you with your creator account, like an agent or management company, it doesn't change your personal responsibility. Our agreement is with you directly, not with any third party, so you're legally accountable for making sure that all the content you post and how you use your account follows the Terms of Service.
7.5 Payouts to Creators:
7.5.1 All Fan Payments will be processed by a third-party payment service provider authorized by us;
7.5.2 We will deduct Our Fee from the Fan Payment and your Creator Earnings will be managed and held by us on your behalf;
7.5.3 Your Naughty Creator account will be updated with your Creator Earnings in a timely manner. You can request a withdrawal once these earnings are visible in your Naughty Creator account;
7.5.4 In order to take out the earnings you have generated as a Content Creator from your Naughty Creator account, you need to have at least the minimum required payout amount in your account. It is possible that we may adjust and revise this minimum payout amount periodically. To find out the current minimum payout amount, please visit the Banking section in your account;
7.5.5 The "current balance" displayed in your Naughty Creator account indicates your Creator Earnings at the given moment. All Fan Payments and Creator Earnings are conducted exclusively in US dollars. Your bank might impose fees for currency conversion or money transfers when you receive your earnings. We have no influence over currency exchange rates or any fees your bank might apply, and we won't cover any charges imposed by your bank;
7.5.6 If a Fan successfully manages to retrieve a refund or chargeback from their credit card provider for a Fan Payment they made to you, we will analyze the situation and might choose to substract from your account an amount that matches the earnings you, as a Content Creator, made from the payment that was refunded or charged back.
7.6 Creator Earnings suspension: We may withhold all or any part of the Creator Earnings due to you but not yet paid out for as long as it takes to look into an actual or suspected violation by you or any suspected illegal activity. If, after our investigation, we determine that you have significantly or repeatedly violated our Terms of Service, attempted or threatened to do so in a way that could harm us or another user, or if your earnings are the result of unlawful or fraudulent actions, we may inform you that you've lost your right to receive your Creator Earnings.
You consent to the possibility that if we believe your violation(s) of the Terms of Service could result in losses for us, we have the right to keep any Creator Earnings due to you but not yet paid. We can then use these earnings to offset the losses we have incurred. We will not be held accountable to you if we choose to retain or take away any of your Creator Earnings, provided we are legally allowed to do so according to these Terms of Service.
If once we have finished our investigation we determine that Creator Earnings are forfeited, we will use our best efforts to make sure that any Fan Payments leading to forfeited Creator Earnings are given back to the respective Fans who made those payments.
7.7 Deleting your account: Navigate to the Settings menu and choose the option labeled "Delete Account." Your account will then be permanently removed, and you'll receive an email confirming this action. If you have active Subscriptions, your account will be deleted once the last Subscription has expired. No new subscriptions can be added to your account during this time. It's important to be aware that once your account is deleted, you won't be able to recover it, and you'll need to create a new one from scratch.
8. CONTENT
8.1 Apart from the conditions specified in other sections of the Terms of Service, especially those outlined in our Acceptable Use Policy, the subsequent conditions are relevant to the Content you share, exhibit, upload, or make available on Naughty Creator:
8.1.1 You affirm and guarantee that you either own, possess a legitimate license for, or have the necessary authority over all the rights pertaining to your User Content;
8.1.2 If you incorporate or utilize any Content from third parties in your own Content, you must ensure that your User Content does not violate any rights of those parties and you have obtained all the required permissions, licenses, written approvals, and authorizations to use this third-party material in your Content. Upon our request you will provide copies of any necessary releases, licenses, or ownership documents to us;
8.1.3 You give us permission to use your User Content for Naughty Creator's business purposes. This permission is valid worldwide, forever, and doesn't limit you from giving permission to others. We can use, copy, share, display and perform your User Content without paying you any royalties. This helps us run Naughty Creator and carry out the goals outlined in these Terms;
8.1.4 Your Content is not private, and you give permission for other Platform users to see and use your Content on Naughty Creator for their own legal and personal purposes, as long as they follow any licenses you've given them;
8.1.5 We are not responsible for and do not endorse any part of any material you or any other Naughty Creator User posts. We are not obliged to oversee any Content, and we have no direct authority over the Content you create, post, display, upload or publish. You are entirely responsible for your user-generated Content and the outcomes of sharing it on Naughty Creator;
8.1.6 You consent to take on the responsibility of being the keeper of records for the Content you upload on Naughty Creator.
8.2 Co-Authored Content: As a content Creator, you acknowledge and warrant that you can share content that shows other individuals ("Co-Authored Content"), as long as:
8.2.1 You have acquired and will continue to possess government-issued identification documents to verify that every Creator shown in your content is at least eighteen (18) years old;
8.2.2 You warrant that you have acquired written consent from each person featured in your Co-Authored Content. This consent should confirm that each individual has willingly agreed, with full knowledge, to appear in the Co-Authored Content and has consented to the publication of this content on Naughty Creator;
8.2.3 You warrant that If any Co-Authored Content is a collaborative work, it is your responsibility to secure any necessary permissions, approvals or licenses from other co-authors of the Content, allowing it to be uploaded to and shared on Naughty Creator;
8.2.4 You agree that if you post Co-Authored Content in which the individuals depicted also have accounts on Naughty Creator, you must mention or tag the Naughty Creator account(s) of those individuals who are identifiable in the Co-Authored Content;
8.2.5 You acknowledge that you are primarily responsible for your account and commit to keeping your login information secure to prevent any unauthorized use. If you decide to share your login details with a third party like a manager or agency, you agree that we are not accountable for any misuse of your account in such situations. Additionally, you relieve Naughty Creator from any legal responsibility arising from any third party accessing your account. It's important to understand and accept that if you do provide your account credentials to a third party, you will remain solely accountable for any actions carried out through your account by that third party;
8.2.6 You agree that we will only send the earnings to the Creator's account who uploaded the Co-Authored Content. The Creator who uploaded this content is solely responsible for splitting and distributing any income earned from it among the individuals featured in the Co-Authored Content. This arrangement for sharing earnings is a private agreement between you and the individuals involved, and we are not responsible for managing or enforcing such agreements. You understand and accept that you are not entitled to any earnings generated from Co-Authored Content in which you appear but is posted on another Creator's account;
8.2.7 You acknowledge that if you upload Co-Authored Content on your account, we may ask you to provide complete and valid legal information for all the individuals featured in that Content. If you fail to provide this information when requested by us, we have the right to delete the Co-Authored Content, limit your privileges as a Creator, close your account, and/or hold back any earnings you've earned but haven't received yet;
8.2.8 You agree not to hold us responsible for any issues related to Co-Authored Content and not to make any complaints against us regarding it. Instead, you agree that any complaints or claims related to Co-Authored Content should be directed towards the Creator(s) who shared the Content or the person(s) who appeared in the Co-Authored Content (if applicable).
8.3 Advertising Content: You are obligated to make it clear that any advertising material you share on Naughty Creator is indeed an advertisement. This should be done by adding the hashtag #ad to the description or caption of the advertising content before you share or upload it.
If you post or upload video Content to your Creator account with the intention of promoting, either directly or indirectly, products, services or a particular image of a third-party in exchange for payment, benefits, or self-promotional purposes (including advertising, sponsorship, and product placement), then you must ensure that any Advertising Content which you post to your Creator account DOES NOT:
8.3.1 Undermine the value of human dignity;
8.3.2 Harm anyone physically, mentally, or morally;
8.3.3 Include, support or promote discrimination based on factors like sex, race, ethnicity, nationality, religion, disability, age, or sexual orientation;
8.3.4 Encourage actions that are harmful to health or safety;
8.3.5 Encourage actions that are severely detrimental to the environment;
8.3.6 Directly push people to buy or rent products or services in a way that takes advantage of their lack of experience or trust;
8.3.7 Manipulate people's trust in others or unreasonably portray individuals in dangerous situations;
8.3.8 Advertise cigarettes, tobacco products, e-cigarettes, illegal drugs, or prescription-only medicines;
8.3.9 Target minors and encourage excessive alcohol consumption;
8.3.10 Advertise, promote, or facilitate illegal gambling.
9. REFERRAL PROGRAM
9.1 Naughty Creator has a Referral Program that allows current users to bring in individuals interested in becoming Creators for the Naughty Creator platform. In return, existing users will receive referral payments from Naughty Creator. By participating in this Program, you agree to comply with these Terms and Conditions:
9.1.1 The Naughty Creator Referral Program is open exclusively to individuals who have an active Naughty Creator User account. If a User's account has been suspended, terminated by the platform, or deleted by the User themselves, they will not be able to take part in the Naughty Creator Referral Program;
9.1.2 Every User has a unique referral link, accessible through their account, which they can share with other people. When sharing this link, it's important not to pretend to be Naughty Creator or make it seem like Naughty Creator is endorsing your link. You should also avoid using Google Ads or similar advertising platforms to spread your unique referral link. Upon our request, you need to disclose how you are sharing your link by adding that information to the Bio/Website section of your Naughty Creator account;
9.1.3 The person you are referring to Naughty Creator should use your special referral link to sign up. They have to do this in the same web browser they used to click your unique referral link. If they sign up without using your link, we will not associate their account with your referral, and you will not receive any referral payments;
9.1.4 The person you are referring to Naughty Creator should not have already signed up for an account with Naughty Creator using any name, whether it's the same name or a different one, before they click on your special referral link. If the person you are referring has ever used Naughty Creator as a User in the past or is currently using it, you will not receive any referral payments for that referral;
9.1.5 If the Referred Creator sets up multiple User accounts, you will only receive referral payments for the earnings they make from their initial User account. You will not receive referral payments for any additional User accounts they create;
9.1.6 You will not receive any referral payments if you refer a Creator, and we identify that you either own or control that Creator or have a business connection with them. If needed, you must provide us with information to help us to determine if there is any ownership or commercial tie between you and the Referred Creator;
9.1.7 Engaging in the Naughty Creator Referral Program, whether you're a Referring User or a Referred Creator, is against the rules to convince someone to make a payment by offering rewards based on their recruitment into the Naughty Creator Referral Program;
9.1.8 You acknowledge that as a Referring User, you must accurately represent Naughty Creator and its offerings when promoting it. You are not allowed to create a misleading or false impression about Naughty Creator, its services, programs, content, its Users, or the Terms of Service in any promotional activities;
9.1.9 You acknowledge that as a Referring User, when you promote Naughty Creator in any manner, you are prohibited from making any assertions that imply to a potential Creator that they will earn a specific amount of money through their use of Naughty Creator. Likewise, you are not allowed to provide estimates about the probable number of Fans they may acquire;
9.1.10 Naughty Creator reserves the right to modify, suspend, or terminate the Referral Program at any time without prior notice. However, any modifications made will not result in Referring Users losing the referral payments they have already earned from Fan Payments made to Referred Creators prior to the implementation of these changes.
9.2 Referral payments:
9.2.1 To receive referral payments, you will need to add bank account details or payment method information on your User account page;
9.2.2 Once Referred Creator signs up and follows the Naughty Creator Referral Program rules, you will receive a referral payment equal to 5% of the money earned by the Creator you referred from their Fans over the 12 months following their registration on Naughty Creator;
9.2.3 The money you are entitled to receive as a referral payment for Fan Payments made to the Creator you referred in a specific month will be sent to you on or around the first day of the following month;
9.2.4 If referral payments have been made incorrectly, we have the authority to reclaim the wrongly disbursed funds from the User to whom they were paid;
9.2.5 We might ask you or Referred Creators (or both) to provide us with the necessary identification and other details to confirm who should receive a referral payment and that the payment is valid. If you do not provide the information we ask for, you could lose your right to receive referral payments for that specific Referred Creator;
9.2.6 We reserve the right to hold onto any referral payments you are owed but haven't received yet for as long as we need to investigate if you have violated our Terms of Service or engaged in any unlawful or fraudulent activities. If our investigation shows that you have seriously or repeatedly violated our terms, attempted to do so in a way that could harm us or another User, or if your referral payments are connected to illegal or fraudulent actions, we may notify you that you have forfeited all or any part of your referral payments;
9.2.7 We will not be held accountable to you if we decide to keep or cancel any payment owed to you as part of the Naughty Creator Referral Program, as long as we are within our rights according to the terms of the Referral Program. Moreover, you acknowledge that if we consider that your violation(s) of the Terms of Service has caused or may cause us financial harm, we have the right to hold back any referral payments that you are owed but have not received yet. Additionally, we can use these withheld funds to offset any losses we incur due to your actions.
10. COMPLAINTS POLICY
Naughty Creator is committed to providing a safe, secure, and enjoyable experience for all Users, including Creators, Fans, and any other individuals or entities who interact with the platform. We understand that from time to time, issues or concerns may arise. This Complaints Policy outlines the process for raising and resolving complaints on the Naughty Creator platform:
10.1 Users are encouraged to report any inappropriate content they find on the website directly to the Naughty Creator support team. To do this, you can send an email to support@naughtycreator.com. In your email, please include your name, email address or username, any web links (if applicable), and describe the issue you're reporting. This could be things like content involving minors, non-consensual material, personal information exposure, impersonation, trademark violations, spam, illegal activities like prostitution or trafficking, or anything related to weapons or drugs.
You can choose to remain anonymous when reporting, but providing your contact information may help in resolving the issue more effectively.
10.2 We will take the necessary actions to investigate your complaint in a timely manner that suits the nature of your concern. We aim to address and resolve all submitted reports within a maximum of seven (7) working days and offer clear instructions to prevent similar issues in the future. If a breach of rules or policies is confirmed, we will identify the appropriate solution and take the necessary steps. Any content that is found to be illegal will be promptly removed. We may suggest that you block the reported user to prevent further interactions between you and them. If we need more information or documents from you, we will reach out to request them.
10.3 Appeals: If you have been depicted in any content and would like to appeal removal of such content, please notify us by sending an email to support@naughtycreator.com with a written description of the basis for the appeal. If we need more information or documents from you, we will reach out to request them. If there should be a disagreement regarding an appeal, we will allow the disagreement to be resolved by a neutral body.
10.4 Concerns regarding copyright infringement need to be reported following our DMCA Policy. We'll address these complaints as outlined in that policy.
10.5 As a Naughty Creator user, you warrant that you will not submit complaints under our Complaints Policy that are wholly unjustified, hostile, or submitted with ill intentions. We maintain the authority to implement more severe measures against users who consistently break our rules or commit severe violations. These escalated actions could include activities such as deleting the user's account in question and issuing a permanent ban, preventing them from using Naughty Creator in the future.
11. COMPANY RIGHTS
11. 1 You are given a temporary, conditional, and revocable permission to access and utilize Naughty Creator, subject to the terms and conditions outlined in this agreement. This license is non-transferable, meaning you cannot pass it on to others, and it cannot be sublicensed. It is also exclusive to you and limited in scope. It's important to note that we have the authority to suspend, revoke or terminate this license at any time and for any reason, especially if you breach any part of the Terms of Service, violate any applicable laws, or if you engage in any activity, from our perspective, which results in or is reasonably expected to result in financial loss for us or negatively affects the reputation of Naughty Creator in any way. If we suspend access to your User account or terminate your agreement with us, any Fan Payments which would otherwise have fallen due during the period of suspension will be put on hold, and we may withhold all or any part of the Creator Earnings due to you but not yet paid out in accordance with section 7.6 Creator Earnings Suspension.
Using Naughty Creator in any way not explicitly allowed by these Terms is strictly prohibited. Any rights not specifically granted here are reserved by us.
11.2 At any time and without prior notice we retain the authority to:
11.2.1 Modify, suspend, or terminate Naughty Creator or any part of it;
11.2.2 Monitor your use of Naughty Creator, including any Content, messages or comments you post or broadcast on the platform;
11.2.3 Verify the information you provide to us;
11.2.4 Verify that you are in compliance with our Terms of Service and any applicable laws;
11.2.5 Investigate any suspected or alleged misuse or illegal use of Naughty Creator and collaborate with law enforcement in such investigations;
11.2.6 Share information regarding your use of Naughty Creator in connection with a law enforcement investigation of any suspected or alleged illegal activities, or in response to a legal subpoena or court order;
11.2.7 Temporarily block access to any Content you post on Naughty Creator if we discover it may violate our Terms of Service or any applicable laws. If we do suspend access to your Content, you can request a review of our decision by reaching out to us at support@naughtycreator.com. After examining the suspected violation or unlawfulness, we may take any necessary action, such as reinstating access to the Content or permanently removing it, without needing your consent or giving you prior notice. You agree to assist us in our investigation, including providing any requested information at your own expense. We won't be held responsible for any losses you incur due to the suspension of access to your Content or any other actions we take in good faith to investigate any potential violations or unlawful content;
11.2.8 Temporarily suspend or permanently close your account if you fail to adhere to these Terms and/or any applicable laws. Upon termination of your account, we may handle your Content as outlined in our Privacy Policy, which could include deleting it. After your account is terminated, you won't have the ability to access your Content anymore. Naughty Creator doesn't provide a technical means for you to retrieve your Content after your account has been terminated;
11.2.9 Change the payment or payout processor that allows you to send or receive payments as a User.
11.3 Intellectual Property Rights:
11.3.1 The name "Naughty Creator," along with its logo and any associated names, logos, product or service names, designs, and slogans, are trademarks that belong to us;
11.3.2 With the exception of the Content owned or licensed by the Creators, we or our authorized licensors possess all rights to Naughty Creator, including its complete contents, features, databases, source code, and functions. This material is safeguarded by copyright, and it might also have protection under trademark, trade secret, and other intellectual property regulations. You are prohibited from copying, sharing, altering, generating derivative materials from, publicly exhibiting, publicly performing, reissuing, downloading, storing, or transmitting any content on Naughty Creator;
11.3.3 Apart from User Content, you do not acquire any ownership or rights in Naughty Creator or its content. All rights not explicitly granted are retained by us. Any usage of Naughty Creator that goes beyond what these Terms allow constitutes a violation of the Terms and may infringe upon copyright, trademark, and other legal statutes. If you print, copy, alter, download, or facilitate access to any part of Naughty Creator in contravention of the Terms, your privilege to use or access Naughty Creator will be promptly revoked. At our discretion, you may be required to either return or eliminate any copies of the materials you have generated;
11.3.4 We hold complete ownership over any anonymous data associated with your usage of Naughty Creator. This anonymized data can be employed by us for various purposes, including commercial ventures, development endeavors, and research initiatives;
11.3.5 You certify that you either own all the intellectual property rights, such as copyrights and trademarks, associated with your Content, or you have secured all the necessary rights for your Content to grant licenses to us and other Users. This includes the rights required to engage in the actions mentioned in sub-section 11.3.6, within any region where Naughty Creator is accessible;
11.3.6 You agree to provide us with a license to carry out any actions that may be restricted by intellectual property rights (including copyright) in your Content. This license is for purposes reasonably linked to the operation and provision of Naughty Creator. These actions include reproducing, making available, sharing with the public, displaying, performing, distributing, translating, creating adaptations, or derivative works of your Content, and otherwise managing your Content;
11.3.7 The permission you provide us with in the previous section 11.3.6 is everlasting, not limited to a specific geographic area, free of royalties, and we can pass it on to others or even assign and transfer it. This means the permission remains in effect even after your agreement with us ends, and we don't owe you compensation for it. We can also authorize someone else to use your Content or pass on this permission to others. This license enables us to enhance your Content with elements like stickers, text, and watermarks, share your Content with other Naughty Creator users, and utilize your Content for the regular functions of Naughty Creator. We won't sell your Content to other platforms, but if we sell our company or its assets to a third party, we may sell or transfer the rights you grant us as defined in the Terms of Service.
12. THIRD PARTY WEBSITES
12.1 Users can link their Naughty Creator account with their active Twitter account and use the sharing feature to post specific content from Naughty Creator on Twitter. When using this option, it is essential to adhere to Twitter's terms of service when sharing any content in this manner;
12.2 You are allowed to share a link to the Naughty Creator homepage on your external social media profiles, as long as you do it in a manner that is just and lawful, without harming our reputation or exploiting it. However, you must refrain from creating a link in a manner that implies any sort of connection, endorsement, or approval from us;
12.3 If you are a Creator, when you advertise your Creator account, you need to follow our Terms of Service and also the terms of service of any other website where you share a link or promote your Creator account. You must not impersonate Naughty Creator or give the impression that your Creator account is being promoted by us if this is not the case. Additionally, you must not promote your Naughty Creator account through Google Ads or any comparable advertising platform or search engine advertising service;
12.4 Naughty Creator might have links to external websites and resources, which can include advertisements and sponsored links. These links are there to make your browsing experience more convenient. However, it's important to note that we don't have any influence over the content of these third-party websites or resources, and we are not liable for any harm or loss that may occur as a result of using them. If you choose to visit any of these external websites linked on Naughty Creator, you're doing so at your own risk and should abide by the terms and conditions of those websites;
12.5 Whilst we do not have ownership of your Content, you give us the limited right to report instances of infringement, like copyright or trademark violations, on your behalf to any third-party website or service that is hosting or distributing copies of your Content without your consent. We are not obligated to do this, but we may choose to send or retract such infringement notifications to third-party websites when we find it appropriate. However, it is not our responsibility to actively monitor content infringements on your behalf. You agree to provide us with necessary consents and information if we ask for them to report infringement on your behalf. For details on how to report intellectual property infringement, please refer to our Complaints Policy.
13. DISCLAIMER OF WARRANTIES
13.1 Naughty Creator is provided "as is" and "as available" without any warranties, express or implied. We do not guarantee the availability, accuracy, or reliability of our services;
13.2 We do not authorize or approve Content on Naughty Creator, and views expressed by Creators or Fans on Naughty Creator do not necessarily represent our views;
13.3 We do not grant you any rights in relation to Content. Any such rights may only be granted to you by Creators;
13.4 You acknowledge that you are not required to heed any advice, remarks, evaluations, or directives provided by other Naughty Creator Users. If you decide to act upon such guidance, you are solely responsible for any consequences that may arise from your choice;
13.5 We do not assure or pledge in any way that Creators or Referring Users will earn a specific amount of money, or any money at all, through their use of Naughty Creator, including participation in the Referral Program;
13.6 We do not guarantee that Naughty Creator will be compatible with all devices and operating systems. You are in charge of setting up your own devices and software to access Naughty Creator. It is your responsibility to use your personal antivirus software;
13.7 We do not take responsibility for the internet's availability, any errors in your connections, devices, equipment, or software that may arise while using Naughty Creator;
13.8 While we try to make sure that Naughty Creator is secure and free from bugs and viruses, we cannot guarantee that it will be and have no control over the Content that is supplied by Creators.
14. LIMITATION OF LIABILITIES
To the extent permitted by law, Naughty Creator and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the platform:
14.1 We do not bear responsibility for any content errors, mistakes, or inaccuracies, nor for interruptions or stoppages in the transmission to or from Naughty Creator;
14.2 We are not liable for any personal injury or property damage resulting from your access to and use of Naughty Creator;
14.3 Your Content may be viewed by individuals that recognize your identity. We will not in any way be responsible to you if your identity is revealed through your Content;
14.4 The Content available on Naughty Creator is entirely generated and shared by its Users, and it is not curated or created by us. We do not take on the responsibility of checking or controlling the Content, nor do we make any alterations to the Content shared on our platform. We are not required to actively supervise the Content or identify violations of our Terms of Service. Therefore we are not liable for products sold by other Users, whether or not such sales are expressly prohibited by these Terms;
14.5 We are not responsible for any loss, theft, or unauthorized access to User accounts, passwords, email accounts, or any subsequent unauthorized actions, including unauthorized payments or fund withdrawals;
14.6 We are not liable for bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through Naughty Creator by any person or that might infect your computer or affect your access to or use of Naughty Creator or your hardware or software;
14.7 We are not in any way responsible for any loss or damage incurred because of the use of any Content posted, emailed, sent, or otherwise made available through Naughty Creator;
14.8 We are not liable for unauthorized access to or use of the Company’s servers and any personal or financial information stored in them, including unauthorized access to or changes to your account, submissions, transmissions, or data;
14.9 You acknowledge that once you share your Content on Naughty Creator, we have no control over and will not be accountable for how other Users or third parties use your Content. You have the option to delete your account at any time, but please be aware that doing so will not automatically stop the sharing of your Content that might have been recorded by other Users against our Terms of Service or by third parties before you deleted your account.
15. RELEASES
You are giving up any claims against the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors for any issues related to User submissions or the behavior of other Users or third parties. This includes any conflicts or disagreements between you and other Users or third parties.
CONTACT US
If you have any questions or concerns about these Terms or Naughty Creator, please contact us at support@naughtycreator.com
By using Naughty Creator, you acknowledge that you have read, understood, and agree to these Terms of Service. These Terms represent the entire agreement between you and Naughty Creator regarding the use of our platform.
Thank you for being a part of Naughty Creator!
