Terms of Service

Last Updated: January 2, 2024
TERMS OF USE FOR ALL USERS
BY UTILIZING OUR PLATFORM, YOU AGREE TO THESE TERMS – PLEASE REVIEW THEM CAREFULLY

Introduction: These Terms of Use for all Users oversee your utilization of Creatr and your agreement with us.

Interpretation: Within these Terms of Service:

  • Our platform is referred to as "Creatr," accessible via the creatr.nostr.wine websocket and website;
  • References to "we," "our," and "us" are directed to Creatr;
  • "Content" encompasses any material uploaded to Creatr by any User (whether a Creator or a Supporter), including photos, videos, audio, livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and other such materials;
  • "Creator" denotes a User who has established their Creatr account as a Creator account to post Content on Creatr for other Users to view;
  • "Supporter" signifies a User who follows a Creator and has the ability to view the Creator's Content;
  • "Supporter/Creator Transaction" represents any transaction between a Supporter and a Creator on Creatr by which access is granted to the Creator's Content in any of the following manners: (i) a Subscription, (ii) payments made by a Supporter to view a Creator's pay-per-view Content, and (iii) use by the Supporter of the Supporter interaction function on a Creator's account;
  • "Supporter Payment" comprises all payments made by a Supporter to a Creator (i) concerning a Supporter/Creator Transaction, or (ii) as a tip for a Creator;
  • "Referring User" refers to a User who partakes in the Creatr Referral Program;
  • "Standard Contract between Supporter and Creator" defines the terms that govern each Supporter/Creator Transaction, accessible here;
  • "Subscription" pertains to a Supporter's subscription to a Creator's account (be it paid or unpaid, for one month or as part of a bundle encompassing a subscription for more than one month);
  • "Terms of Service" (also termed "your agreement with us") is the legally binding contract between you and us consisting of: (i) these Terms of Use for all Users, (ii) Terms of Use for Supporters, (iii) Terms of Use for Creators, (iv) Privacy Policy, (v) Acceptable Use Policy, (vi) Referral Program Terms, (vii) Complaints Policy, and (viii) Community Guidelines;
  • "User" is any user of Creatr, whether a Creator or a Supporter or both (also referenced as "you" or "your").
Modifications to the Terms of Service: We reserve the right to amend any segment of the Terms of Service without prior notification under these circumstances:
  • To align with changes in laws and regulatory stipulations applying to Creatr, its services, features, and programs when such amendments necessitate changes in our terms in a manner that doesn't permit us to provide reasonable notice to you;
  • To tackle unforeseen and imminent threats aimed at safeguarding Creatr, Supporters, or Creators from fraud, malware, spam, data breaches, or other cybersecurity risks.
We may also alter other aspects of the Terms of Service, and we'll provide you with reasonable notice of such modifications via email or through Creatr, granting you the option to contact us to terminate your agreement with us before the changes become effective. Continuing to use Creatr post the updated Terms of Service implementation signifies your acceptance of these terms.

Alterations to, or Suspension or Withdrawal of Creatr: We may update Creatr periodically for various reasons, such as reflecting alterations to our services, meeting Users' needs, modifying our business practices, enhancing performance, boosting functionality, or addressing security concerns. Although we aim to provide reasonable notice of significant changes, we do not assure uninterrupted availability or accessibility of Creatr or any Content therein. For business or operational reasons, we may suspend, withdraw, or restrict the availability of Creatr or any part thereof. We will strive to provide reasonable notice of any suspension or withdrawal if it impacts you.

Your Commitments to Us: Upon usage of Creatr, you pledge the following:
  • If you had a previous account with Creatr, you affirm that it was not terminated or suspended by us due to any violation of our terms or policies.
  • You will provide accurate, truthful, and complete information and promptly update it as necessary.
  • You consent to electronic communications from us, including emails and messages to your Creatr account, and agree to the processing of your personal data as outlined in our Privacy Policy.
  • You will maintain the confidentiality and security of your account/login details, promptly report any unauthorized use of your account, and ensure you log out of your account after each session, especially when using public or shared computers.
  • You are accountable for all activity on your account, even if someone else uses your account against the Terms of Service.
  • You will adhere to these Terms of Use for all Users and all other parts of the Terms of Service relevant to your use of Creatr.
Our Rights, Including Account Suspension or Termination:
  • We may, but are not obligated to, moderate or review your Content to ensure compliance with the Terms of Service and/or any applicable law.
  • We may suspend access to any non-compliant or potentially unlawful Content during an investigation, with the possibility of content reinstatement, removal, or permanent access disabling post-investigation.
  • We reserve the right to terminate your agreement with us and your access to Creatr for any reason with a 30-day notice or immediately and without prior notice under certain serious breach conditions.
Intellectual Property Rights – Ownership and Licenses:
  • You affirm ownership of all intellectual property rights in your Content or have obtained necessary rights to grant licenses regarding your Content to us and other Users.
  • You grant us a perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable, and transferable license under all your Content for purposes reasonably related to Creatr’s operation.
  • While we do not own your Content, you grant us limited rights to submit infringement notifications on your behalf to third-party platforms hosting or dealing in infringing copies of your Content without your consent.
Limitations of Our Responsibilities:
  • We do not authorize or approve Content on Creatr, and views expressed by Creators or Supporters do not represent our views.
  • We make no guarantees concerning the accuracy of materials provided, compatibility of Creatr with all devices, and availability of the internet or error-free connections, devices, or software.
  • We are not accountable for any lost, stolen, or compromised user accounts, private keys, or unauthorized activities resulting thereof.
  • You acknowledge that your Content, once posted on Creatr, may be accessed and used by other Users or third parties, and deleting your account will not prevent the circulation of any of your Content that may have been recorded by others.

Standard Contract Between Supporter and Creator

Introduction: This Standard Contract between Supporter and Creator ("this agreement") outlines the terms governing each transaction between a Supporter and a Creator on Creatr.

Application: This agreement is activated each time a Supporter/Creator Transaction is initiated on Creatr, overriding any other terms proposed by either party, and legally binds both the Supporter and the Creator involved.

Parties: The only parties to this agreement are the Supporter and Creator involved in the transaction. Creatr and its subsidiary companies are not parties to this agreement but may act as payment intermediaries as per section 5.

Definitions:

  • "Creatr" refers to the website accessed via the creatr.nostr.wine website and websocket.
  • "Content" refers to any material uploaded to Creatr by any User (whether a Creator or a Supporter), including photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material.
  • "Creator" refers to a User who posts Content on Creatr for other Users to view.
  • "Supporter" refers to a User who follows a Creator to view their Content.
  • "Supporter/Creator Transaction" refers to any transaction between a Supporter and a Creator on Creatr granting access to the Creator's Content, including Subscriptions, payments for pay-per-view Content, and payments for Supporter interaction functions on a Creator's account.
  • "Supporter Payment" refers to all payments made by a Supporter concerning any Supporter/Creator Transaction, and all tips.
  • "Subscription" refers to a Supporter's subscription to a Creator's account.
Pricing and Payment: By entering a Supporter/Creator Transaction, the Supporter agrees to pay the Supporter Payment as per the pricing in the Creator's account. Both the Supporter and Creator authorize Creatr or its subsidiaries to act as payment intermediaries and collect and process the Supporter Payment as described in the Creatr Terms of Service.

License of Content: Upon Supporter Payment for a Supporter/Creator Transaction, the Creator grants the Supporter a limited license to access the relevant Content. This license is non-transferable, non-sublicensable, and non-exclusive, allowing the Supporter to access and view the Content on their personal device and via a normal web browser, in line with the Creatr Acceptable Use Policy.

Ownership of Content: The Supporter acknowledges that the license does not confer any ownership rights in the Content, which remain with the Creator.

Expiry of License: The license expires automatically under various circumstances including unsuccessful Supporter Payment, end of subscription period, suspension or termination of the Supporter's or Creator's account, removal of Content from the Creator's account, or breach of the Creatr Acceptable Use Policy by the Supporter.

Cancellation and Refunds: Supporters acknowledge the loss of any statutory right to cancel the Supporter/Creator Transaction under certain laws due to the immediate supply of Content. Any statutory rights to refunds remain unaffected.

Obligations between Creator and Supporter: Both parties agree to comply with the Creatr Acceptable Use Policy. Supporters agree to make the required Supporter Payment, while Creators agree to provide access to the Content once Supporter Payment is made. Creators assure they possess necessary rights to license the Content to the Supporter.

No Guarantees: Supporters acknowledge that Creators may change their Content availability at any time and that certain circumstances may prevent access to Content.