MyMillennia L.L.C. ("MyMillennia","we","our","us" and other similar expressions) owns and operates the website MyMillennia.com, as well as its mobile and desktop applications (collectively, the "Platform" ).
The Platform operates as a hosting service, allowing Creators to publish, share and sell Content, interact with Fans as well as offer additional services. In exchange for providing Content on the Platform, Creators will be entitled to compensation for sharing and selling content, interacting with Fans as well as offering additional services on the Platform. Compensation for Creators is further discussed per the Independent Contractor Agreement effective between us and each Creator (to be separately provided and individually executed).
The present Creator Terms of Use set forth the obligations imposed upon Creators, their rights, guidelines regarding the submission of Content, prohibited Content, Creator Accounts and compensation payable.
The present Creator Terms of Use should be read in conjunction with the Platform's Terms of Use (the “Terms of Use”). Both these Creator Terms of Use and the Platform's Terms of Use apply to the use of the Platform by Creators. For reference purposes, both these Creator Terms of Use and the Terms of Use are published and available for review on the Platform.
Our Terms of Use are and will remain fully binding and applicable to the usage of the Platform by Creators, unless otherwise stated herein. In case of any discrepancy or contradiction between the present Creator Terms of Use and our Terms of Use, the present Creator Terms of Use will prevail as they are more specific with regard to acceptable Content and obligations relating to Creators.
Any capitalized terms in the present Creator Terms of Use that are not defined herein will have the meanings attributed to them in our Terms of Use.
When used in these Creator Terms of Use, the capitalized terms specified below will have the following definitions:
"Assigned Rate" refers to the rate assigned by us to the Creator for compensation purposes.
"Content" may consist of audio files, text files, pictures, images, graphics and other content published, distributed and/or shared by the Creator on the Platform.
"Creator Account" refers to any user account created by a Creator, which has been verified pursuant to these Creator Terms of Use.
"Creator Terms of Use" refer to the present Creator Terms of Use, as may be updated or amended from time to time.
"Fans" refer to Subscribers who actively follow one (1) or more particular Creators on the Platform.
"Locked Content" shall refer to one-off, particular posts of Content Published to a Creator’s account or profile, which a Subscriber must individually purchase in order to view. For clarity, a Creator’s Locked Content more exclusive than the creators Subscription Content.
"Tips" refers to Subscribers tipping you on posts/over DMs (including pay-per-message), or on livestreams.
"Subscribers" refer to users who hold a Subscriber Account, and have purchased and hold an active Subscription.
"Subscription" refers to a single subscription purchased on the Platform, allowing the Subscriber to gain access to Content, live streaming and the ability to message Creators, subject to the terms, conditions and limitations of the Subscription.
"Terms of Use" refers to the Terms of Use published on the Platform, and applicable to all users of the Platform.
To provide Content on the Platform, interact with Fans upon request, provide additional Content and receive compensation in connection therewith, you will be required to create a Creator Account on the Platform.
An agency may not enter into this Agreement as the Content Creator. The named account owner of the Content Creator’s account shall be personally responsible for the account’s activity and operations. The account holder is the primary creator featured in their posted content.
By registering and opening a Creator Account on the Platform, you agree to comply with the terms and obligations set forth in our Terms of Use and these Creator Terms of Use. To populate your Creator Account on the Platform, you will provide identification information, such as your full name, date of birth and all other relevant information we request.
The Content Creator has the necessary authority to enter into and perform its obligations under this Agreement. The execution of this Agreement and the provision of Content contemplated hereunder constitute valid and binding obligations of the Content Creator.
Upon registering and populating a Creator Account on the Platform, you authorize us to conduct any background and reference checks as well as verifications to validate your identity, age and nationality. As well as, your residency in a Supported Country. You understand that we may, at our discretion, conduct screenings to verify your identity.
You may be responsible for providing your government issued identification (ID), a copy of your passport, payment information and any other information required to proceed with the verification and background check.
You acknowledge that we may use a third party provider to perform the background and reference checks as well as verifications. As such, you agree to promptly submit any requested information to us or our designated third party provider.
Once you have provided all information requested, we will proceed with the verifications and background checks. We may refuse to process your Creator Account, without liability and without penalty, if the information submitted is found to be incorrect, false or misleading. Your sole recourse in such case will be to resubmit information requested, and to provide a written declaration explaining why a reassessment of your Creator Account is needed.
If we approve your Creator Account pursuant to the verification and background checks, your Creator Account will be deemed verified.
We reserve the right to refuse a Creator Account that has not successfully completed the verification and background checks performed.
The Content Creator understands and acknowledges that the Content may involve partial/or full nudity. The Content Creator confirms voluntarily entering into this Agreement by the Content Creator’s own free act without undue pressure or coercion of any sort.
Once your Creator Account has been verified, we ask that you provide us with financial information for payment purposes. You must provide us with your bank account details to allow for the payment of your compensation as per the Assigned Rate and any other compensation due to you under these Creator Terms of Use.
Further, if you reside in the United States, you must provide us with an IRS Form W-9 as you are acting as an independent contractor to us. If you do not reside in the United States, we may ask you to complete IRS Form W8-BEN, or any other form required in connection with your work on the Platform to fulfill our legal obligations.
You may suspend, delete or deactivate your Creator Account at any time as per the instructions set out in our Terms of Use. You understand that once your Creator Account is deleted or deactivated, your Content will be deleted and removed. We therefore recommend that you keep copies of your Content should you wish to access the same once your Creator Account is deleted or deactivated.
We reserve the right to terminate or delete your Creator Account, without liability and without penalty, for any reasons set out in our Terms of Use and/or these Creator Terms of Use.
Once your Creator Account has been closed, we will remit the applicable net collectible revenue to you, unless otherwise required by applicable law. Upon our payment of the applicable net collectible revenue, you agree to irrevocably and expressly waive and renounce any rights and claims you may have against us. You further agree to renounce to your Creator Account’s closing balance within three (3) years of its closure.
By submitting any proof of identity to us, you confirm that such proof of identity is accurate, complete and valid. Any false or incorrect information or identification submitted constitutes a breach of contract, for which we may institute legal proceedings, and which may constitute a felony under applicable law.
All personal information you provide to us or our third party service provider in connection with your identification verification must be accurate, true and current to the best of your knowledge. It is your responsibility to replace or update any outdated, expired or incorrect information.
All information and personal data you provide will be handled and treated according to the terms of our Privacy Policy, as published on the Platform.
The Platform allows Creators to publish, post, share and exchange Content. Typically, Content is provided on the Platform in the form of photos, videos and/or live streams. Content may be provided on the Platform as audio files, text files, pictures, images, graphics and other formats.
Any Content you publish on the Platform will be voluntarily provided. Accordingly, you will be solely responsible for any Content you publish on the Platform. You confirm that the Content you publish on the Platform is your original work and not plagiarized or copied from a third party. If the Content is not your original work, you confirm to us that you obtained all necessary consents to publish such Content prior to the publication on the Platform.
You recognize that we do not have direct control over your Content nor what it includes and/or contains.
All Content you publish and share on the Platform must comply with the terms of these Creator Terms of Use and our Terms of Use. Accordingly, the Content you publish and share on the Platform must: (i) be original; and (ii) comply with our Acceptable Use Policy, as published on the Platform.
Posting of Content that contains illegal activities or violations of Humboldt Merchant Services’ Card Brand Standards is expressly prohibited. You will not Publish any content which violates applicable law or Card Brand Standards.
You must ensure that the Content you publish does not violate any third party rights or any intellectual property laws. You may be held personally liable if the Content you post violates our Terms of Use or any third party right.
There is no requirement for you to provide and publish Content on a regular basis, or according to a particular frequency. As an independent contractor, you may publish and share Content on the Platform at your convenience. Please note, if your Content is provided less frequently or results in a lack of interactions with Fans, thereby affecting your performance on the Platform, your Assigned Rate may be subject to decrease.
It is strictly prohibited to publish and share Content that:
It is strictly prohibited to publish Content that includes or even references child sexual abuse and exploitation. Any Content that violates this obligation will be immediately removed from the Platform, and the publishing Creator will be reported to authorities, and subject to sanctions imposed by applicable laws and authorities.
We do not claim any ownership rights to the Content. The Content you publish is and will remain your property, unless otherwise specified.
Once you delete or deactivate your Creator Account, all locked Content, which consists of additional Content purchased, and subscription Content will be removed from public view, no longer appearing on the Platform for sale or license. Such locked Content and subscription Content will remain in the account of users who purchased such Content.
By publishing or uploading Content on the Platform, you hereby grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free and transferable license to use, publish, distribute, modify and commercialize the Content, in any and all media or form of communication whether now existing or hereafter developed. This license includes the right to make the Content available for public distribution. The license you grant allows us to publish the Content on the Platform, and store the Content in our severs. You agree that we may use your Content for marketing and promotional purposes in accordance with the rights granted to us pursuant to these Creator Terms of Use.
When uploading and publishing Content on the Platform, you maintain control and ownership of your Content. Users of the Platform are granted the right to view and purchase your Content, however, users are not granted any ownership rights to your Content.
If the Content you publish includes any third party’s image, name and/or likeness, you are responsible for ensuring the third party has consented to the publication and sharing of the Content. You will also tag the third party in the Content, where possible. You are responsible for identifying all persons depicted appearing in the Content or whose likeness or images are included in the Content, and for obtaining their prior approval before submitting such Content on the Platform.
You acknowledge that all Content Published by you, including all Co-Authored Content, will either be classified as Adult Content or Non-Adult Content. If you Publish any Content to your Creator Account which shows, depicts or features anyone else other than or in addition to you (even if that person cannot be identified from the Content) (each such individual, a "Co-Creator"), you and/or the Co-Creator must comply with the documentation, identity verification and record keeping requirements set forth:
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 joint authors of the Co-Authored Content which are sufficient to permit such Co-Authored Content to be Published on the Platform.
For all Co-Authored Content on your Creator Account (whether Co-Authored Adult Content or Co-Authored Non-Adult Content), we may require you to provide valid and complete legal information for all individuals which appear or are identified in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Creator, terminate your Creator Account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.
You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Creator(s) who posted Co-Authored Content or appeared in the Co-Authored Content (as applicable).
Any opinions or views elaborated in the Content may not reflect our views or opinions. The opinions or views stated in the Content are and remain the views of the uploading Creator.
We cannot offer any guarantees with respect to the legitimacy, suitability, integrity or quality of the Content published on the Platform. Considering the Content is uploaded and shared by Creators, we decline all responsibility for Content posted on the Platform.
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE. USER HEREBY AGREES TO ASSUME SOLE RESPONSIBILITY FOR ALL RISKS, CONSEQUENCES, AND DAMAGES OF ANY KIND RESULTING FROM USER’S USE OF THE PLATFORM.
MYMILLENNIA DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MYMILLENNIA SHALL NOT BE RESPONSIBLE FOR ANY FAILURE TO PERFORM DUE TO UNFORESEEN CIRCUMSTANCES OR TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, FAILURE OF THE TELECOMMUNICATIONS OR INFORMATION SERVICES INFRASTRUCTURE, HACKING, SPAM, ANY FAILURE OF A DEVICE (INCLUDING, BUT NOT LIMITED TO, COMPUTERS, TABLETS OR SMART PHONES), SERVER, OR SOFTWARE (INCLUDING OPERATING SYSTEM), SERVER CHANGES OR UPGRADES, OR CHANGE OF SERVICE PROVIDERS, FOR SO LONG AS SUCH EVENT CONTINUES TO DELAY THE PLATFORM’S PERFORMANCE.
TO THE FULLEST EXTENT PERMITTED BY LAW, MYMILLENNIA (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, THE LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES are qualified), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE PLATFORM ITSELF, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT MYMILLENNIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY AND ALL LOSSES RESULTING FROM ANY SUCH FAILURE WILL NOT BE COMPENSATED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYMILLENNIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR PLATFORM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF
10.4. CREATOR HEREBY AGREES TO ASSUME SOLE RESPONSIBILITY FOR ALL RISKS, CONSEQUENCES, AND DAMAGES OF ANY KIND RESULTING FROM CREATOR’S USE OF THE PLATFORM; INCLUDING, BUT NOT LIMITED TO, RISKS ASSOCIATED WITH THE PUBLICITY OF APPEARING ON THE PLATFORM, SUCH AS THE RISK OF RECORDING, PIRACY, SEXUAL HARASSMENT, DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY RIGHTS, INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER UNAUTHORIZED DISSEMINATION, OR PUBLICITY OF THE CONTENT, THE PUBLICITY OF THE IDENTITY OF CREATORS, PERFORMERS, OR MODELS APPEARING IN CONTENT, AND ANY RISKS ARISING FROM CONVERSATIONS AND/OR DIRECT MESSAGES BETWEEN CREATORS AND/OR USERS. MYMILLENNIA PLEDGES TO DO ALL WITHIN ITS REASONABLE AND LAWFUL MEANS TO REMOVE SUCH MATERIAL UPON THE WRITTEN REQUEST OF CREATOR.
In addition to providing Content on the Platform, you, as a Creator, may interact with Fans. You may also share additional Content upon the request of a Fan or Subscriber, in exchange for a predetermined fee. Any provision of additional Content at the request of a Fan or Subscriber will be at your sole discretion, without obligation.
Any additional Content submitted as part of a request by a Fan or a Subscriber will be subject to an agreement between you and the requesting Fan or Subscriber.
You may place social media links within or as part of your Content. You may further include links to your profiles on social media sites, at your discretion. You may only provide links to your own profiles on social media sites, unless we specify otherwise.
We will not be responsible for verifying that all information and data, including links to your profiles on social media sites, are correct and accurate. We will not be responsible if you share links to profiles on social media sites that do not belong to you.
You acknowledge that we are not affiliated with the social media sites. We do not endorse any of the social media sites, unless otherwise stated. We allow you to publish links to your social media profiles for convenience purposes. As we are unaffiliated with the social media sites, we cannot provide any warranties or guarantees with the respect to the social media sites. We will not be a party to any litigation, claim, dispute or controversy arising out of the publication or sharing of your profiles on social media sites.
You will have the ability to block Subscribers and prevent them from accessing your Content. You may choose to block and remove Subscribers who have breached our Terms of Use, act unreasonably or otherwise problematic, as determined by you at your sole discretion.
As a Creator on the Platform, you are permitted to remove any Content you own and/or block any Subscriber from accessing your profile, at any time, at your sole discretion. Subscribers that you block from your content will be able to access other creators subscription content as well as their profile.
You are responsible for keeping your Creator Account credentials strictly private and confidential. You may not disclose this information to any third party as to avoid any unauthorized access and/or leaks.
As a Creator on the Platform, you agree to not use the information obtained from the Platform or any trade secrets acquired from the Platform to replicate the Platform’s content, business operations and/or know-how.
Additionally, subject to applicable laws and regulations, you agree to refrain from making any statements, written or verbal, or encouraging others to make statements that defame, disparage, or in any way criticize the Platform, and/or our business reputation. Further, you must not inhibit the sales and/or activities of another Creator on the Platform. You may not flag or report Content from other Creators on the Platform solely for the purpose of having such Content removed as it competes with yours.
You may be entitled to compensation for providing Content on the Platform, and for satisfying Subscriber and/or Fans request. To this effect, we ask that you ensure the Independent Contractor Agreement between us and you is duly executed.
We value your opinions and concerns. If you find any inappropriate Content or Content that you believe violates these Creator Terms of Use, our Terms of Use or any applicable law, we encourage you to report the Content to us. Reports of Content may be provided by email, or via any notification method provided in our Terms of Use. The Platform includes a functionality that can be used to report Content that a user believes is in breach.
Reporting content allows us to review the Content and intervene, if needed. We will process all reports as soon as possible in accordance with relevant laws and regulations.
We reserve the right to edit, delete, or remove Content for any reason we deem proper or appropriate, at our sole discretion.
We further reserve the right to review Content you submit for publication prior to its publication. We retain the right to review and approve Content before it is published to ensure the Content complies with these Creator Terms of Use and our Terms of Use. We will refuse to publish Content that infringes these Creator Terms of Use and our Terms of Use. We may also refuse to publish Content that we feel does not align with the Platform’s objectives and brand.
We may also review Content that has been published on the Platform. We may review published Content: (i) as part of routine verification, (ii) if we receive a notice of non-compliance regarding such Content, (iii) if we have been directed to such Content by a user or third party, (iv) arbitrarily, or (v) for any reason we deem to be appropriate. We may remove any Content, even published Content, that fails to comply with these Creator Terms of Use and our Terms of Use.
You agree to release us from all liability in the event that we do not publish or that we remove any Content you submit. By submitting Content for publication on the Platform, you understand that we may decide not to publish your Content and/or remove Content that was published on the Platform.
You may delete or deactivate your Creator Account the same way you may delete or deactivate your User Account in accordance with the Terms of Use for All Users. If you decide to delete or deactivate your account, which you can do at any time, all of your Content will be removed from the Platform, except as provided below.
We may update these Creator Terms of Use, at any time, at our discretion, with or without written notice. We may update these Creator Terms of Use, without notice, to comply with applicable and evolving legislation and regulations. We may also update these Creator Terms of Use, at any time, at our discretion, with written notice, to reflect changes made to our activities, operations and business.
The updated and revised Creator Terms of Use will be published on the Platform, and will specify the date of the latest update.
Any usage of the Platform following the publication of the updated Creator Terms of Use constitutes your acceptance to be bound by the updated Creator Terms of Use.