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TERMS AND CONDITIONS OF USE OF WEB SITE
This web site, paytuber.com (the "paytuber Site"), is operated by Xomyx LTD. ("paytuber"). paytuber is a user-generated video content agency that provides a video exchange, video hosting platform and video player. paytuber provides access to user-generated videos and other content ("Content") via the Paytuber Site, via the Paytuber video player application (the "Paytuber Player") and otherwise, including through mobile apps and syndication (collectively, the "Paytuber Service" or "Platform"), under certain terms and conditions as set forth below. No person under the age of 17 is permitted to use the Paytuber Site.
ACCEPTANCE OF THESE TERMS AND CONDITIONS THROUGH USE
By using the Paytuber Service, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). Paytuber reserves the right, in its discretion, to update or revise the Terms of Use. Please check the Terms of Use periodically for changes. Your use of the Paytuber Service subsequent to the posting of any change(s) to the Terms of Use will be deemed your acceptance of such change(s).
RESTRICTION ON USE OF THE CREATORS COMMENTS, LIVE CHAT & FORUM
Paytuber may from time to time offer an online forum, live chat and comments for "Creator Discussions" (the "Forum") where users of the Paytuber Service and creators of Content may discuss matters pertaining to the Content and/or the Paytuber Service. Your participation in Comments or the Forum is entirely voluntary. As participation may occur in real time and therefore you or others may post something to comments or the Forum that has not been edited, censored or otherwise controlled by Paytuber. Notwithstanding the foregoing, Paytuber reserves the right to monitor messages on Comments and the Forum and to remove messages which Paytuber in its sole discretion determines to be undesirable, inciting violence, harmful, offensive or otherwise in violation of these Terms of Use. Paytuber is not responsible nor liable for any failure or delay in removing such messages, or for the removal of any messages it deems inappropriate for any reason at its sole discretion.
The following additional rules apply to the Forum:
You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person or entity. You may not post or transmit any message, file, image or program which is indecent, obscene or pornographic.
You may not post or transmit any message that would violate the rights of others, including but not limited to the unauthorized use, publication or disclosure of copyrighted materials, trade secrets or other confidential or proprietary information.
You may not post anything that uses trade marks or service marks in an infringing fashion.
You may not interfere with another user's use or the functionality of the Forum.
You may not post or transmit any message which is abusive, inciting violence, harassing, harmful, hateful, anti-semitic, racist or threatening.
You may not post or transmit any messages pertaining to charity requests, petitions for signatures, requesting donations, relating to pyramid schemes, or pertaining to the manipulation of the Paytuber Service.
You may not post or transmit any advertising or any other solicitation of other users of the Forum for goods or services other than the Paytuber Service.
You may not use the Forum to conduct or solicit the performance of any illegal activity or other activity which infringes the rights of others.
You also agree that you will not harvest or collect information about users of the Forum or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. Without limiting the generality of the foregoing, you further agree that you will not knowingly solicit or collect personal information from a child 18 years old or younger.
RESTRICTIONS ON AUTOMATED SOFTWARE
You are prohibited from employing any form of automated software to interact with or access the Paytuber Site, including but not limited to programming scripts, bots, or any other automated means, without the prior written permission of Paytuber.
LINKS AND THIRD-PARTY SITES
The Paytuber Service may provide third-party search facilities, such as Google searches, and thereby produce third party advertisements and/or third party search results., The Paytuber Services and/or Content may otherwise link to third-party sites on the Internet that are not operated or controlled by Paytuber ("Third-Party Site(s)"). Paytuber is not responsible for the content of Third-Party Sites. Products and services on Third-Party Sites are the sole responsibility of each individual vendor or operator of such Third-Party Site. The inclusion and/or availability of such links to Third-Party Sites does not imply endorsement of such Third-Party Sites or any content, information, material, products or services provided on such Third-Party Sites, nor does it imply any association with the operators of such Third-Party Sites. Third-Party Sites may contain information or material that some people may find inappropriate or offensive. You will need to make your own independent judgment regarding your interaction with Third-Party Sites. Paytuber makes no representations or warranties whatsoever concerning;
the information, software or other material appearing on, or accessible through, any Third-Party Site (including without limitation, any advertisement for products or services on any Third-Party Site);
the performance or operation of any Third-Party Site (including, without limitation, any transactions initiated or conducted through any Third-Party Site, any taxes associated therewith and any use by third-parties of user credit card information);
any products or services advertised or sold on or through any Third-Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof);
the sellers of any products or services advertised or sold on or through any Third-Party Site; or
the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Third-Party Sites.
If you decide to access any of the Third-Party Sites, you do so entirely at your own risk. If you are accessing a Third-Party Site through a link via the Paytuber Service, you are advised to read any terms of use and privacy policy of such Third-Party Site before you use such Third-Party Site.
You understand, acknowledge, and agree that where the Paytuber Player is licensed for use by a third-party, such third-party may be using the Paytuber Player for certain purposes or to display certain content, that is not content owned, controlled, distributed, authorized or endorsed by Paytuber.
ACKNOWLEDGEMENT OF THIRD-PARTY TERMS
Some Paytuber applications may include a feature that integrates streaming capabilities with YouTube and other platforms such as Meta/Facebook, X (formerly known as Twitter), and Twitch. If you stream your content directly to YouTube, you are agreeing to be bound by the YouTube Terms of Service, available at https://youtube.com/t/terms. Access to the YouTube streaming integration feature is conditional upon your acceptance of the YouTube Terms of Service. If you stream your content directly to Facebook, you are agreeing to be bound by the Meta/Facebook Terms and Policies, available at https://www.facebook.com/policies_center/. Other platform terms and conditions may likewise apply. Please refer to those platforms' terms of service for details.
PROPRIETARY RIGHTS AND RESTRICTIONS
You acknowledge and agree that all Content and materials available on the Paytuber Site and/or available through the Paytuber Service are protected by one or more of intellectual property rights: copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights, and that their use is restricted by the terms of this Agreement and applicable statutory and common laws.
Paytuber, Paytuber.com, the Paytuber Player, and Paytuber product and service names are trademarks and/or service marks of Xomyx LTD. (the "Paytuber Marks") and are owned exclusively by Paytuber. You will not display or use the Paytuber Marks, in any manner that would constitute infringement of Paytuber's rights, withoutPaytuber's prior permission.
Except as expressly authorized by Paytuber, you agree not to sell, resell, exploit for any commercial purposes, license, rent, modify, distribute, copy, reproduce, duplicate, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any portion of any Content, including but not limited to video, images, sounds, and text appearing on or via the Paytuber Service. Systematic retrieval of data or Content from the Paytuber Service to create or compile, directly or indirectly, a collection, compilation, library, database or directory without prior written permission from Paytuber is prohibited. The use of Content or materials appearing on or via the Paytuber Service for any purpose not expressly permitted in these Terms of Use is prohibited.
GENERAL Paytuber PLAYER LICENSE TERMS
Use of the Paytuber Player is subject to any applicable license agreements for use of the Paytuber Player.
Subject to any applicable license agreements which replace and/or supersede these general license terms with respect to the use of the Paytuber Player, the following terms and conditions apply to use of the Paytuber Player.
GRANT OF LICENSE
Paytuber hereby grants you a non-exclusive license to use the Paytuber Player subject to the following terms:
You may:
use the Paytuber Player on any single computer;
use the Paytuber Player on a second computer so long as the first and second computers are not used simultaneously; and
copy the Paytuber Player for back-up and archival purposes provided any copy must contain all of the original Paytuber Player's proprietary notices.
You may not:
permit other individuals to use the Paytuber Player on your computer(s) except under the terms listed above;
modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Paytuber Player or Paytuber Player documentation ("Documentation");
copy the Paytuber Player or Documentation (except for back-up purposes);
resell, rent, lease, transfer, or otherwise transfer rights to the Paytuber Player or Documentation; or
remove any proprietary notices or labels on the Paytuber Player or Documentation.
This license does not grant you any right to any enhancement or update, and any right to grant sublicences, to the Paytuber Player.
Title, ownership rights, and intellectual property rights in and to the Paytuber Player and Documentation shall remain with Paytuber. The Paytuber Player is protected by the copyright laws of United Kindom, the United States and internationally by copyright treaty. Title, ownership rights and intellectual property rights in and to the Content accessed through the Paytuber Player including any Content contained in the Paytuber Player media demonstration files is the property of the applicable content owner and is protected by applicable copyright or other law. This license gives you no rights to publish, disseminate or otherwise use such Content.
DISCLAIMER OF WARRANTY
THE Paytuber PLAYER AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAYTUBER FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PAYTUBER PLAYER AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PAYTUBER OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF PAYTUBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
PAYTUBER CONTENT POLICIES
Paytuber enables creators of Content to submit Content to the Paytuber Service in accordance with the Agency Options set forth below. Under no circumstances shall the following be submitted to the Paytuber Service:
Content or material which was created by a person other than you, or subject to copyright by a person other than you, without that person's express written authorization;
Content or material which includes, in whole or in part, audio, video, text, or images that are subject to copyright by another person unless such inclusion is subject to applicable laws concerning fair use or is otherwise expressly authorized by the copyright holder;
Content or material that is subject to any third-party contractual provisions or limitations, including but not limited to license restrictions;
Content or material which displays the trademarks of another person without that person's authorization, subject to applicable laws concerning fair use;
Content or material that is grossly offensive to the online community, including but not limited to, racism, anti-semitism and hatred; Content or material that;
Promotes, supports, or incites violence or unlawful acts;
Promotes, supports or incites individuals and/or groups which engage in violence or unlawful acts, including but not limited to Antifa groups and persons affiliated with Antifa, the KKK and white supremacist groups and or persons affiliated with these groups; and/or
Promotes or supports entities and/or persons designated by either the Canadian or United States government as terrorists or terrorist organizations.
Content or material promoting or providing instructional information about illegal activities, promoting harm or injury to any group, individual or cruelty to animals including, but not limited to:
Disseminating personal information about another individual for malevolent purposes, including libel, slander, "doxxing", defamation or violation of an individual's right to privacy.
Content or material that infringes or encroaches on the rights of others, including, but not limited to, infringement of privacy, publicity rights, and harm to reputation;
Any Content or material that contains links to another website where any of the above-described prohibited Content or material is accessible.
Any other Content or material that Paytuber in its sole, unfettered, and arbitrary discretion, determines is undesirable on the Paytuber Service.
Paytuber has the sole discretion to decide whether Content or material is permitted on the Paytuber Service and any materials submitted to the Paytuber Service may be, but is not necessarily, examined by Paytuber before it is made available on the Paytuber Service. You acknowledge that Paytuber has the absolute right (but not the obligation) to prohibit, refuse, delete, move and edit Content and material for any reason, in any manner, at any time, without notice to you.
You should also know that in visiting the Paytuber Site or viewing Content via the Paytuber Player or otherwise, you may be exposed to materials which you consider to be offensive or inappropriate and you assume the risk and sole responsibility for your exposure to any such Content or material.
To report content that violates our policies, please email support@Paytuber.com
COMPLAINT PROCEDURE
To report Content you believe violates Paytuber's policies, please email support@Paytuber.com. Please use the word "Complaint" in the subject line, and include the following information in your email:
Your name, email address and, if you are a registered user, your user ID.
The basis of your complaint (provide as much detail as possible).
If your complaint concerns the activities of other users/visitors on the Paytuber Site, identify the specific type of inappropriate or offensive behavior engaged in and, insofar as possible, the identity of the offending person.
If your complaint concerns particular Content, please provide the URL for the video that is the subject of your complaint, timestamps within the video where the alleged violative Content appears, and the reason for your Complaint.
A customer service representative will endeavour to respond to your email and if, in Paytuber's determination, your complaint is a valid one, Paytuber will take appropriate actions in its sole discretion, and has no responsibility to at any time report to you as to the status or outcome of its investigation or any actions Paytuber has taken as a result.
AGENCY AGREEMENT
If you are a creator of Content submitted to the Paytuber Service through your Paytuber account, the relationship between you and Paytuber is one of principal and agent ("Agency") and is subject to the terms and conditions set out herein which specifically govern this relationship (the "Agency Agreement").
Appointment of Agent. You, as the principal (the "Principal" or "you"), may submit video Content to be published and managed by Paytuber as your agent ("Agent") for the purposes of same. By submitting Content to Paytuber and by Paytuber accepting such Content on the Paytuber Service pursuant to either Agency Option "A" or Agency Option "B", as defined below, you are appointing and do hereby appoint Paytuber as your exclusive, worldwide, perpetual Agent for such Content, and grant Paytuber the exclusive right to distribute, display, reproduce, license, rent, sell, monetize, and otherwise exploit the Content in any medium, on any kind of display device, worldwide, for the duration of the "Term of Agency" as defined below (the "Agency Rights"). As discussed in more detail below, the Agency Rights will also include Paytuber's right to bring suit in its own name as plaintiff for infringement or other inappropriate or illegal use of the Content and to seek in such suit all damages or other relief available under law and equity to which you and/or Paytuber are entitled. By appointing Paytuber as your Agent and granting Paytuber the Agency Rights, you agree that you shall not distribute, display, reproduce, license, rent, sell, monetize, and otherwise exploit the Content in any medium, on any kind of display device, worldwide, for the duration of the Agency Term, as defined below. The Agency Term means a 50 (fifty) year period commencing as of the date you enter into this Agreement. The Agency Term shall automatically renew for additional consecutive renewal terms of 50 (fifty) years each, unless either party gives written notice of its intent not to renew the Agency Term, ninety (90) days prior to the expiration of the then expiring Agency Term.
There are four (4) types of "Agency Option(s)" offered and governed by this Agreement, as described below, namely, Agency Option "A", Agency Option "B", Agency Option "C", and Agency Option "D". You must select a single Agency Option during the Content submission process, and that selected Option cannot thereafter be changed without Paytuber express written permission. If you select any of Options "A" or "B," you cannot remove the video from the Paytuber Player for the duration of our Agency agreement.
Video Management Option (Option "A")
You will receive Creator Earnings (as defined in and calculated in accordance with the section below entitled "Collection of Earnings").
Video Management (Excluding YouTube) Option ("Option B")
You will receive Creator Earnings. Paytuber shall not publish your Content to YouTube.com and publication of your Content shall be limited to all media and channels except YouTube.com which is specifically excluded.
Paytuber Only Option (Option "C")
Paytuber will publish your Content through the Paytuber Player and will act as your Agent only in respect of publication via this channel. All other media and channels are specifically excluded from Paytuber's Agency.
You will receive Creator Earnings. If you select this Option, and notwithstanding any provision in this Agreement to the contrary, you shall be entitled to remove Content from the Paytuber Player at any time.
Personal Use Option (Option "D")
Paytuber shall only publish your Content on Paytuber's Video Player or Paytuber-owned websites.
Paytuber shall not monetize your Content. No Creator Earnings will be payable to you. If you select this Option, and notwithstanding any provision in this Agreement to the contrary, you shall be entitled to remove Content from the Paytuber Player at any time.
GENERAL LICENSE
Regardless of which Agency Option you select, and without limiting any other rights of, or licenses granted to, Paytuber herein, by submitting Content to the Paytuber Service, you grant to Paytuber the right to use the Content to train AI and machine learning models and/or to sub-license the Content to third parties for such purposes.
Further, you hereby grant to Paytuber the right to use and otherwise exploit your name, image, and likeness in connection with publicity, marketing, promotion and/or advertising of Paytuber or the Paytuber Service.
TERMS APPLICABLE TO PAYTUBER'S CUSTOM VIDEO PLAYER SERVICE
If you have elected to subscribe to Paytuber's Custom Video Player Service (the "Custom Player Service" or "CPS Subscription") or participate in an available trial CPS Subscription, the following specific terms and conditions shall apply in addition to all other applicable terms and conditions pursuant to the Terms of Use on the Paytuber Site.
Selection of a CPS Subscription
By selecting a CPS Subscription as offered by Paytuber from time to time the terms, features, and pricing of your selected CPS Subscription will be as described during the CPS Subscription selection procedure through the Paytuber Site (the "CPS Features and Pricing"). All CPS Subscriptions terms are monthly and are automatically renewed for successive months until terminated.
Paytuber reserves the right to change any terms, features, or pricing of CPS Subscriptions at any time with all such changes having effect upon thirty (30) days' notice or as otherwise notified to you by Paytuber.
Payment
By selecting a CPS Subscription you are agreeing to pay the associated fees (the "CPS Subscription Fee") for the CPS Subscription and hereby authorize Paytuber to charge or debit your agreed payment method on a monthly basis for the CPS Subscription Fee and any other applicable charges. All CPS Subscription Fees are payable in advance and charged monthly, subject to the Upgraded Plan provisions set out below.
Bandwidth Usage
Each CPS Subscription provides for a certain maximum allotted amount of bandwidth (the "Maximum Allotted Bandwidth") which may be used by you throughout each monthly CPS Subscription period ("Monthly Subscription Period"), commencing at the start-date of your CPS Subscription ("Subscription Start Date") and ending at the monthly anniversary date of your Subscription Start Date ("Subscription Anniversary Date"). Any portion of the Maximum Allotted Bandwidth that you do not use during any particular Monthly Subscription Period will not "roll over" and may not be used or applied to a subsequent Monthly Subscription period.
It is your responsibility to monitor and manage bandwidth usage, available via the Paytuber dashboard, during the Monthly Subscription Period. Paytuber may but is not obliged to notify you if you have expended or are likely to expend your Maximum Allotted Bandwidth.
Bandwidth Overage Procedure
Unless otherwise specified in the CPS Features and Pricing applicable to your CPS Subscription, once you use the Maximum Allotted Bandwidth, and absent a duly received Notice of Overage Disablement (as defined below), your CPS Subscription will automatically and immediately (the "New Subscription Start Date") be upgraded to the next superior CPS Subscription plan available and as described in Subscription Features and Pricing on the Paytuber Site ("Upgraded Plan"). Your Subscription Anniversary Date shall be immediately and automatically reset with all features and pricing of the Upgraded Plan becoming effective and applicable to your CPS Subscription as of the New Subscription Start Date. This Bandwidth Overage Procedure will continue to apply to each Upgraded Plan so that your CPS Subscription is automatically and immediately upgraded to the next superior plan each time you reach the Maximum Allotted Bandwidth, including but not limited to an already Upgraded Plan. You hereby agree to the automatic implementation of your Upgraded Plan upon reaching the Maximum Allotted Bandwidth for your original or any subsequent Upgraded Plan pursuant to the Bandwidth Overage Procedure, and hereby authorize Paytuber to charge or debit your agreed payment method for the applicable CPS Subscription Fee in respect of the Upgraded Plan commencing upon the new Subscription Start Date in respect of each applicable Upgraded Plan.
If you do not wish to use or be upgraded to an Upgraded Plan pursuant to the Bandwidth Overage Procedure, you are required to notify Paytuber in writing via Paytuber Billing (billing@Paytuber.com) prior to any Bandwidth Overage, of your intention to disable any Bandwidth Overage in connection with your CPS Subscription effective as of the point that you reach the Maximum Allotted Bandwidth ("Overage Disablement") for your current CPS Subscription ("Notice of Overage Disablement"). Your Notice of Overage Disablement shall only apply to your then current Monthly Subscription Period and you will be required to notify Paytuber again in respect of any requested Overage Disablement for any subsequently Monthly Subscription Period. In the absence of a duly received receipt of Notice of Overage Disablement in accordance with these provisions, you will be automatically upgraded to the Upgraded Plan once you use the Maximum Allotted Bandwidth in accordance with these provisions.
Refunds and Cancellation
No refunds are available in respect of any fees to Paytuber. In order to cancel, contact billing@Paytuber.com at least five days prior to your Subscription Anniversary Date or New Subscription Start Date in order to ensure that you will no longer be billed.
Upgrading a Subscription on Your Own
If you decide on your own to upgrade your CPS Subscription to an Upgraded Plan that provides additional bandwidth, you may do so via the Paytuber dashboard available on the Paytuber Site. By selecting an Upgraded Plan as described in the CPS Features and Pricing, you acknowledge that the selected Upgraded Plan will commence immediately thereby constituting a New Subscription Start Date and your Subscription Anniversary Date will be adjusted accordingly. Your Upgraded Plan will continue to be subject to the Bandwidth Overage Procedure.
Free Trials
Paytuber may from time to time offer a "Free Trial" of a CPS Subscription pursuant to the description of any such "Free Trial" on the Paytuber Site. You acknowledge and agree that all Free Trials are of a maximum duration of 30 days unless otherwise specified by Paytuber, and shall be automatically converted to a CPS Subscription requiring payment of CPS Subscription Fees in accordance with the applicable CPS Features and Pricing upon the expiry of the initial 30-day Free Trial period. You also acknowledge that all terms and conditions applicable to Free Trials, including but not limited the Bandwidth Overage Procedure, shall apply to Free Trials, both before and after the expiry of the initial 30-day Free Trial period. You hereby authorize Paytuber to charge or debit your agreed payment method on a monthly basis for the applicable CPS Subscription Fee commencing as of the expiry of the initial 30-day Free Trial period unless at least five days prior to such expiry you notify Paytuber of your intent to cancel at billing@Paytuber.com.
Payment Methods
Paytuber may from time to time offer certain payment methods in respect of CPS Subscription Fees. In the event that a credit card or debit card is permitted as a payment method and the applicable CPS Subscription Fees are not chargeable or debitable to such payment method, you acknowledge and agree that if the credit card or debit card does not work, either because of expiry or otherwise, then upon expiry of any paid portion of your CPS Subscription period, all CPS Subscription services may be deactivated without notice to you. You are solely responsible for ensuring that all permitted payment methods are up-to-date and are able to cover all applicable CPS Subscription Fees, including but not limited to all CPS Subscription Fees payable for Upgraded Plans.
Content and Advertisements for CPS Subscription Service
You acknowledge and agree that when you monetize your Content on the Paytuber Site or perform activity as a Paytuber Publisher, as outlined in the Terms of Use, all provisions applicable with the Paytuber Player as otherwise set out in the Terms of Use shall apply.
In the event that your CPS Subscription contains Content and/or advertising provided by you, you acknowledge and agree that you are solely responsible and/or liable for all such Content and/or advertising and that you indemnify and hold Paytuber harmless in accordance with all indemnification provisions otherwise set out in the Terms of Use.
PUBLISHING AND DISTRIBUTION OF CONTENT VIA THE PAYTUBER SERVICE
Paytuber may, but is not obliged to, have your Content published and displayed through various media channels and in various formats via the Paytuber Service, in its sole commercial discretion based upon the Agency Option which you select. Paytuber reserves the right to decline or reject any Content submitted to the Paytuber Service.
INTELLECTUAL PROPERTY
You affirm, represent, and warrant that you have the legal right to submit the Content to the Paytuber Service, that you have all necessary right and authority to appoint Paytuber as your Agent in accordance with the selected Agency Option as described herein, and that you are legally entitled to enter into the Agency Agreement.
You further represent and warrant that any Content submitted does not contain third party copyrighted material, or material that is subject to other third party proprietary, intellectual property or contractual rights or interests, unless you have express written permission from the rights holder of the Content to enter into this Agreement. In the event you claim to have been granted such rights from a third party, you agree to furnish evidence of same in writing forthwith upon request by Paytuber. You are required to obtain such written permission before submitting such Content to the Paytuber Service. Such written permission must not be limited in any way, shall be exclusive, and shall remain in effect for the duration of this Agreement.
Any infringement or other violation of a third party's rights with respect to the Content submitted by you to the Paytuber Service and which has been identified as such by Paytuber or by a third party, may immediately and without notice to you result in the removal of such Content. It is Paytuber's strict policy to comply with all applicable intellectual property laws and regulations of which it is aware. You hereby agree to defend, indemnify and hold harmless Paytuber, its agents, employees, contractors, directors, officers, and shareholders, as to any allegations, demands, claims, investigations or disputes arising from your submission of Content to Paytuber and/or monetization of your Content, insofar as it relates to any infringement or violation of the intellectual property rights, proprietary rights, contractual rights, or other rights of a third party.
You acknowledge and agree that except for the Assignment Option discussed below, this Agency Agreement does not assign ownership of any copyright for or in the Content to Paytuber, and that all payments made to you pursuant to this Agreement are amounts earned by you from the monetization of your Content, less expenses and Paytuber's Agency Fees (as defined below) and are not royalties or license fees. If you receive payments from Paytuber as the person authorized by the creator or rightsholder to retain Paytuber as Agent, you indemnify and hold harmless Paytuber from and against any claim by the creator or rightsholder in respect of your receipt of such payments and in respect of Paytuber's Agency.
Monetization and Rights Applicable Under Option "A" and "B"
In the case where you have chosen either Option "A" or Option "B", in order to monetize your Content, Paytuber, as exclusive licensee, may in its sole unfettered commercial discretion, on your behalf, register the Copyright in your Content, grant, sell and enter into License(s) (as defined below) to the Content with you being the Licensor, subject to Paytuber being your attorney in fact for effecting such License(s) with the Licensee, as defined below, and you further authorize such Licensee to use such licensed Content in any media for any purpose including but not limited to use in advertising, promotion, marketing and packaging for any product or service, worldwide. For the purposes of this paragraph, a "License" means any contractual arrangement arranged between Paytuber as your sole and exclusive Agent, and a third party (a "Licensee") in respect of the Licensee's use of your Content. In the event that Paytuber desires, in its sole discretion, to enter into a License for your Content only, and/or to include Content from other creators with your Content in a single License, you hereby authorize and grant to Paytuber the actual authority, permission and right: i) to do so; ii) to do so without seeking your further consent and without providing notice to you; and iii) to do so in its own name. In that event Paytuber, acting as your Agent, will be listed as the sole nominative "licensor" in that License You (and any other creator whose Content is included in the License) will each be an Undisclosed Principal in that License. It is further understood and agreed that you (and any other Content creator whose Content is included in the License) are each the real party-in-interest Licensor, and to the extent any compensation or other consideration is paid by the licensee, it will not be deemed licensee fees or royalties to Paytuber. You also hereby grant to Paytuber the actual authority, permission and right at its discretion to disclose or not to disclose your name as a real-party-in-interest Licensor. You also hereby grant to Paytuber the actual authority, permission and right to prosecute in its own name any claims against the other party to the License or to defend claims asserted by the other party to the License ("Litigation") without seeking further consent from you or providing notice to you. Paytuber will control all aspects of the Litigation, will be responsible for all costs and attorneys' fees, and will be entitled to seek, recover and retain any damages or other compensation, consideration, or other relief or recovery from the other party to the License in the Litigation, without providing any notice or accounting to you. Paytuber will defend and indemnify you with respect to any claims made against you by the other party to any License entered into by Paytuber in which you are an Undisclosed Principal as to any asserted breach by you of the License unless you are alleged to have committed the act or acts that are alleged to constitute the breach. In that instance, Paytuber reserves the right to demand that you defend and indemnify it as to such claims, which you hereby agree to do.
In the case where you have chosen either Option "A" or Option "B", by submitting Content to Paytuber, you are irrevocably agreeing to appoint Paytuber as your sole, worldwide, exclusive and perpetual Agent with respect to the Content and all rights pertaining thereto, including without limitation, all rights enumerated in United States Code, Title 17, § 106, and you herein authorize and grant Paytuber the exclusive authority to make all decisions and take all actions Paytuber deems reasonably appropriate with respect to the management, commercial and non-commercial monetization of the Content under the terms of this Agreement.
You specifically authorize Paytuber as your Agent to combine the Content with other images, text, graphics, file, audio, audio-visual works; and alter, modify and crop the Content at Paytuber's sole discretion, and hereby waive any reservation of moral rights in and to the Content.
In the case where you have chosen either Option "A" or Option "B", as your Agent in respect of the Content, Paytuber may choose in its exclusive and absolute unfettered and/or arbitrary commercial discretion, to, register copyrights in any jurisdiction or jurisdictions worldwide on your behalf, with you (or the party which has expressly provided you with authorization to enter this Agreement and is the rightsholder) listed as the copyright claimant, author, or similar, and to record Paytuber as your sole and exclusive Agent therein for the purposes of administering all rights and permissions thereto. Paytuber shall not be liable to you or any third party for any delay or defect in it attempt to register the copyright in any Content, or if Paytuber does not attempt to register such Copyright.
In the case where you have chosen either Option "A" or Option "B", as your Agent in respect of the Content, Paytuber may choose in its exclusive and absolute unfettered and/or arbitrary commercial discretion to pursue any legal remedies available in order to, as your Agent, assert or enforce your (or if you are entering into this Agreement under authority of a third party rights holder, that third party's) copyright or other intellectual property rights in and to the Content, including but not limited to making a claim or commencing legal proceedings with respect to all payments owing to you by third parties with respect to infringement of the Content, and you agree to fully cooperate in same (or if you are entering into this Agreement under authority of a third party rights holder, you agree to procure the cooperation of such third party). Notwithstanding the foregoing, you acknowledge and agree that Paytuber shall at no time and in no manner be obliged to make any efforts as your Agent pursuant to this provision. You hereby appoint Paytuber as your (or if you are entering into this Agreement under authority of a third-party rights holder, that third-party's) attorney in fact for executing any instrument or document or taking any step in furtherance of the rights granted herein.
Where Paytuber as Agent takes steps to enforce the copyright in your Content or breach of a license agreement on your behalf as Principal, or where the law allows Paytuber (as an agent having a pecuniary interest in the subject matter and outcome of the suit) to file suit in its own name as your agent), or whether directly by way of the Assignment Option, as defined below, or otherwise, Paytuber shall have sole control and decision-making power over any demand, claim, proceeding or settlement. If required by applicable law that you be a named plaintiff in any such enforcement action relating to your Content, you hereby so consent to be so named. In that instance, Paytuber will continue to have sole control of the action as described above, will continue to pay all fees and costs incurred in that action, and you agree to cooperate with Paytuber with respect to such action.
It is understood and agreed that any C-Suite officer (CEO, COO, CTO, CFO) of Paytuber may execute documents pursuant to, and exercise for Paytuber, any power of attorney you have granted to Paytuber herein.
Recovery Through Copyright Enforcement
You, or if you are entering into this Agreement under authority of a third party rightsholder, that third party, shall not issue any demand, or commence any claim or proceedings to enforce any rights in any Content submitted to Paytuber under Agency Option "A" or Agency Option "B", except with Paytuber's express authorization which may be denied in the event that Paytuber elects to assume carriage and control of such enforcement measures, and in such event Paytuber shall indemnify and hold you (or the applicable third party rightsholder) harmless from and against any damages, legal fees and costs, directly attributable to such enforcement measures. If, however, Paytuber authorizes you to take enforcement action, then you will be solely responsible for all fees, costs, damages or other expenses in that action.
Recovery by Paytuber as Agent
In the event that any claim or demand is made by Paytuber or if legal proceedings are commenced by Paytuber on your behalf and in your name as your Agent (as opposed to Paytuber being the copyright owner pursuant to the Assignment Option as set out below) and such claim, demand, or proceeding results in a payment from a third party to Paytuber, Paytuber shall be entitled to deduct from such proceeds: a) all associated legal fees and expenses incurred or payable by Paytuber; and b) if the payment amount exceeds the subsection (a) amount by at least USD $1,000.00, a management and enforcement fee equal to the remainder of the proceeds less the sum of USD $1,000.00, meaning that the maximum that you can receive in such event is USD $1,000.00.
PAYTUBER'S OPTION TO ACQUIRE CONTENT COPYRIGHT VIA ASSIGNMENT UNDER OPTION "A" or OPTION "B"
Notwithstanding any provision in this Agreement to the contrary, in the case where you have chosen either Option "A" or Option "B" only, if Paytuber determines in its sole discretion that assignment of the copyright in your Content to Paytuber along with all related claims and causes of action, including but not limited to claims for copyright infringement (collectively, "Claims") , so as to facilitate enforcement of the Claims against a third party, then Paytuber shall have the option at any time, in consideration of the Copyright Assignment Fee (as defined below) to cause and consummate such assignment of Copyrights to Paytuber, and this Agreement shall be your written instrument effecting same (the "Assignment Option"). Alternatively, if you are entering into this Agreement under authority of a third party rightsholder as may be permitted herein, you represent and warrant that you have authority herein to agree to same on behalf of such third-party rights holder. Paytuber may also register the copyright in your Content but is not obligated to do so. If Paytuber chooses to do so, it understands that the date of first publication of your Content anywhere is the date it was published on Paytuber.com.
If you have chosen either Option "A" or Option "B" only, you hereby appoint Paytuber as your Attorney in Fact as to any such Assignment, and grant to Paytuber the actual authority, right and permission, as your Attorney in Fact, to execute a separate Assignment document in the following form:
"For Value Received, the sufficiency of which is acknowledged, [your name], an individual residing in the state of [your state of residence] ("Assignor") hereby assigns all ownership of and copyright in [description of the Content being assigned] (the "Content") to Paytuber, Inc. or Xomyx LTD.("Assignee"). Assignor represents and warrants that a copyright exists in the Content, that Assignor owns all right, title and interest in and to the Content and its copyright, that ownership of the Content and its copyright has not been previously assigned or licensed, that Assignor has the right to assign ownership of and copyright in the Content to Assignee, that there is no dispute or potential dispute of which Assignor is aware regarding the copyright in the Content or Assignor's ownership thereof and right to assign to Assignor; and that Assignee may hereafter register the copyright in Assignee's name. This Assignment includes assigning to Assignee the sole right to seek, recover and retain any and all damages (and related forms of recovery and relief) for past, present and future claims infringement or misappropriation of the assigned copyright, and related claims, without notice or accounting to Assignor.
Executed this __ day of ___________, 20__, at London, United Kingdom.
By: _________________________________
Name: ___________________________
Title: Paytuber ___________________
Attorney in Fact for [your name].
In the case where you have chosen either Option "A" or Option "B", and if Paytuber so requests, you shall cooperate in executing any additional instruments or assignments of Copyrights (and related claims) reasonably required to give effect to the assignment, transfer and enforcement of the Copyrights in the Content (or if you are entering into this Agreement under authority of a third party rights holder, you agree to procure the cooperation of such third party). In the case where you have chosen either Option "A" or Option "B", you hereby appoint Paytuber as your (or if you are entering into this Agreement under authority of a third party rights holder, that third party's) attorney in fact for executing on your or their behalf any instrument or assignment reasonably required to give effect to this provision and to effect the assignment and transfer of Copyrights.
The Copyright Assignment Fee payable by Paytuber to you shall be the combination of:
the maximum publicly available licensing fee for your Content as displayed in the Paytuber catalogue, to a maximum of USD $500; and
an additional USD $500.00 in consideration of the assignment.
Upon assignment of Copyright in accordance with these provisions, all right, title, interest, and goodwill, together with the right to pursue and collect damages for all past, present, and future claims and causes of action in relation to enforcing intellectual property rights in and to the Content, including but not limited to Paytuber's exclusive right to seek, recover and retain all past, present and future damages, attorneys' fees, enhanced or punitive damages, license fees, and/or royalties related to the Content, shall be transferred to Paytuber.
COLLECTION OF EARNINGS
As Agent, Paytuber is authorized to collect any applicable earnings ("Earnings") derived from the publication, licensing, display and/or other use (collectively, the "Use") of your Content on your behalf pursuant to this Agreement. The Earnings payable to you after deducting applicable amounts are referred to herein and defined as the "Creator Earnings".
Creator Earnings are calculated by applying the applicable Agency Fee (see table below) to the Earnings and then deducting any applicable third-party processing fees, administrative fees, and/or any amounts that may be due to a Paytuber publisher/syndication partner, hosting costs, taxes, defensive litigation costs, exchanges rates, and/or any other direct costs (collectively "Other Fees and Costs"). Notwithstanding, Paytuber reserves the right to apply the Agency Fee and/or abstain from deducting Other Fees and Costs in a manner that it determines is appropriate in its sole discretion, but in any case not in a manner that reduces the amount of Creator Earnings payable to you as currently set forth herein.
Agency Fees:
Revenue Stream Paytuber Agency Fee
Programmatic Advertisement Forty percent (40%)
Sponsorship (incl. Host-Read) Advertisement Forty percent (40%)
Licensing Forty percent (40%)
Tipping/Donation Twenty percent (20%)
Pay-Per-View Twenty percent (20%)
As used herein:
Programmatic Advertisement revenue stream means advertising revenues generated from users watching video Content on the Platform.
Sponsorship (including Host-Read) Advertisement revenue stream means advertising revenue generated from a Content creator performing an advertisement placement within their Content.
Licensing revenue stream means revenue generated when exclusivity has been authorized to Paytuber to license Content to other platforms.
Tipping/Donation revenue stream means revenue generated from users contributing a fixed dollar amount in return for their message being promoted by a creator during the creator’s Content stream.
Pay-Per-View revenue stream means revenue generated by Content creators making available pay-per-view video Content for viewing by their audience for a limited time or on a one-time basis.
You understand that, from time to time, Paytuber may change and/or add additional revenue streams and change and/or add additional Agency Fees. In the event of any such changes, this Agreement will be updated accordingly, and the most recent version of this Agreement will apply to Paytuber’s Use of your Content and the collection and payment of any Earnings hereunder.
All payments to you of Creator Earnings will normally be remitted to your Paytuber account thirty (30) days after the month in which Paytuber receives payment on your behalf from third parties for the Use of your Content. Paytuber may withhold the payment of Creator Earnings when necessary to comply with applicable law.
If an upfront payment amount is provided for under this Agreement, the entire amount indicated will be issued to your Paytuber account. Your future Creator Earnings, will be applied against this upfront payment until the upfront payment amount is fully utilized.
The first month for which payment is to be made shall: (a) begin on the first day of the month following the month of execution of this Agreement; and (b) include the portion of the month of execution following the Effective Date (unless this Agreement was executed on the first day of a month, in which case the month shall be deemed to begin on the first day of such month).
Under certain circumstances, third parties may make payments to Paytuber that do not associate Earnings with the Use of specific Content. In this event, Paytuber will make commercially reasonable efforts to identify the Creator Earnings due to you for the Use of your Content. If, after 24 months from the date of payment by a third party, Paytuber has not been able to identify Earnings to the Use of specific Content, Paytuber reserves the right to retain all such payments.
For the avoidance of doubt, no Creator Earnings are payable in relation to Paytuber Premium Subscriptions, as defined below.
When monetizing through Sponsorship (including Host-Read) Advertisements on Paytuber Studio, you get to accept the rate for live viewers of your Content. You will be paid Creator Earnings based on the rate you select. No additional Creator Earnings will be paid for any such Sponsorship (including Host-Read) Advertisements.
EARNING PAYMENT REDUCTIONS / SET-OFFS
Payments may be subject to reduction to offset bad debts, refunds and other charge-backs relating to Use of your Content within sixty (60) days of the payment to which the bad debt, chargeback or refund relates.
LIABILITY
Paytuber does not in any way endorse any Content submitted, including any opinion, recommendation, claims, advice or position expressed therein, and Paytuber expressly disclaims all liability in connection with the Content and its publication. For the purposes of the Digital Millennium Copyright Act or similar legislation or regulations, all Content is considered user-generated content and Paytuber's capacity as Agent is not Content owned by Paytuber (unless expressly assigned to Paytuber under the terms of this Agreement) or uploaded by Paytuber.
In order to submit Content to Paytuber you acknowledge that you are solely responsible for what is submitted and indemnify and hold Paytuber harmless from any and all claims arising from a breach of your representations, warranties, and covenants as set out in this Agreement, and also indemnify and hold Paytuber harmless from and against all third party claims with respect to the Content and acting as Agent in respect of the Content.
PAYTUBER PUBLISHER ACCOUNT
If your account qualifies for a Paytuber Publisher account, any activity on the Paytuber Player using the Monetized Embed Code will apply to your account as follows: as used herein, "Net Advertising Revenues" means aggregate amounts collected by Paytuber arising from the license or sale of the pre-roll, mid-roll, post roll or overlay advertisements included within the Paytuber Player less any amounts due for hosting, taxes, litigation costs, exchange rates, and any other direct costs. Paytuber shall retain all amounts derived from all other advertisements, promotions, links, pointers and similar services or rights. Paytuber Publisher is entitled to the Net Advertising Revenue less an Agency fee equal to 50% payable to Paytuber, within thirty (30) days following the end of each month whenever a Paytuber Publisher uses the Paytuber Monetized Embed Code. Analytics will be directly reported into the Publisher Dashboard within your Paytuber account.
Procedure for Reporting Claims of Copyright Infringement
To file a copyright infringement notification with us relating to Content on the Paytuber Player, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
To expedite our ability to process your request, such written notice should be sent to our designated agent as follows:
Service Provider(s): Xomyx LTD United Kingdom.
Name of Agent: Claudio R.
Address: Xomyx LTD.,
128 CITY ROAD
LONDON
EC1V2NX
Email: info@xomyx.com
If there are many videos to be removed, or you expect to have an ongoing need to remove potentially infringing content from Paytuber, we suggest that you email us at info@xomyx.com with the subject as "ONGOING DMCA" where we increase the speed at which we are able to remove any infringing content on Paytuber and also offer industry-leading content identification tools and personal management for your requests.
Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Don't make false claims!
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
Claimant information will be published on the Paytuber site at anytime.
Counter Notification
If you believe that material you posted has been removed in error, you should send to our Copyright Agent, using the contact information listed above, a counter notice that includes the following:
Your physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of, at Paytuber's discretion, in the Ontario Superior Court of Justice at Toronto or the United States Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in the United States and that you will accept service of process by mail from the person who provided notification of copyright infringement, or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
PROCEDURE FOR REPORTING VIOLATIONS OF RIGHTS OF PRIVACY OR PUBLICITY
If you believe that your privacy rights or publicity rights have been violated by information or material that is accessible on the Paytuber site, you may notify Paytuber.com. Please email support@Paytuber.com so we can investigate the matter further.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PAYTUBER, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY OR DISTRESS, DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM THE VIEWING OR DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PAYTUBER, ITS SUBSIDIARIES, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PAYTUBER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PAYTUBER'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify and hold PAYTUBER, and its parent, subsidiaries and affiliates and their respective officers, directors, agents, co-branders and other partners, contractors, and employees, harmless from and against any and all claims, expenses, and demands, including attorneys' fees, made by any third party due to, arising out of, or asserted in connection with your use or misuse of this Site, including claims relating to content you submit, post to or transmit through this site, and your connection to and use of this Site. Paytuber reserves the right to have control of any defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with Paytuber in asserting any available defenses.
COMPLIANCE WITH APPLICABLE LAW
You agree to comply with all applicable laws with respect to your use of the Paytuber Service. Without limiting the foregoing, you acknowledge and agree that Paytuber makes no representation that materials on this Site or accessible via the Paytuber Service are appropriate or available for use in any particular locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site or the Paytuber Service from any location do so on their own initiative, at their own risk, and are responsible for compliance with local laws. If you use the Paytuber Service in a jurisdiction that prohibits or restricts such use, your use will be subject to, without limitation, any other provision of the Terms of Use, and Paytuber shall not have any liability with respect to such use.
You further agree to comply with all state, provincial and/or federal regulations with respect to the Content you upload to Paytuber, including those regulations related to accessibility (e.g., closed captioning of Content where required by law).
CHOICE OF LAW AND FORUM
These Terms of Use and the Agency Agreement, shall be governed by and construed in accordance with the laws of the Province of Ontario or, at Paytuber's discretion, the federal laws of the United States, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use, the Agency Agreement, or your use of the Paytuber Services, shall lie only in the Ontario Superior Court of Justice at Toronto, or at Paytuber's discretion, in the United States Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in the United States, and you further agree to and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Paytuber with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Paytuber with respect to the Paytuber Service or the Agency Agreement. If any part of these Terms of Use or Agency Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties. Or if that portion is not susceptible to such construction, it shall be replaced with a provision that is consistent with applicable law and which reflects, as nearly as possible, the original intentions of the parties. In either event, the remaining portions remain in full force and effect.
TERMINATION
Paytuber reserves the right, in its sole discretion, to terminate your access to the Paytuber Service, with or without notice, for any reason, including, without limitation, if Paytuber believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use or the Agency Agreement. This includes Paytuber's right to terminate your ability to upload videos, post comments, collect revenue or any function available via the Paytuber Service.
Paytuber has a zero tolerance for any violation of Content Policies and/or Conduct outlined in these Terms, especially, but not limited to copyright infringement. If a user is found in violation, the account may be suspended and/or terminated. The determination of suspension or termination is at the sole discretion of Paytuber.
You acknowledge and agree that Paytuber shall not be liable to you or any third party for any termination or suspension of your access to the Paytuber Services.
HOST-READ ADVERTISEMENTS
Without limiting anything else contained herein, if you, or a service provider working for or with you, read host-read advertisements ("Host-Read Ads") during the performance of the Content you stream and/or upload to the Paytuber Site, you agree to comply with, and as applicable, to cause the service provider to comply with, the following additional terms and conditions:
The content and script of the Host-Read Ad(s) shall be determined by the advertiser.
You are obligated to read a Host-Read Ad in the form, manner, frequency, and schedule as determined and agreed between Paytuber and the advertiser and notified to you in writing ("Host-Read Ad Requirements").
Paytuber may review your performance of the Host-Read Ads to confirm that they have been performed in accordance with the Host-Read Ad Requirements. It is in Paytuber’s sole discretion to decide if the Host-Read Ad Requirements have been met. To the extent any Host-Read Ads have not been performed in accordance with the Host-Read Ad Requirements, as determined by Paytuber in its sole discretion, without limiting any other rights of Paytuber hereunder or at law, Paytuber may (i) withhold funds otherwise payable to you on a pro-rata basis or in their entirety and/or (ii) seek a refund of funds previously paid to you to the extent the advertiser seeks a refund from Paytuber for any such non-conforming Host-Read Ads.
You shall adhere to and comply with all applicable laws, rules, regulations, statutes, and ordinances in your performance of Host-Read Ads. Without limiting the foregoing, you agree to adhere to and comply with all applicable requirements of the United States Federal Trade Commission’s ("FTC") advertising regulations governing endorsements, testimonials, and disclosures of material connections. For the avoidance of doubt, if applicable, you will include FTC-compliant disclosures in or around the Content in relation to any material connection with an advertiser. Further, you will not endorse any product or service in violation of the FTC regulations, including providing endorsements that suggest you use a product or service that is the subject of the Host-Read Ad if in fact you do not use any such product or service.
You represent and warrant to Paytuber that you have the right to perform the Host-Read Ads contemplated by these Terms of Use and that in doing so you will not be in violation of any other agreement with any other party.
Paytuber shall not be liable or responsible for anything said in the Host-Read Ad(s) or any action or in-action taken by any third party in response thereto. In addition, you understand and agree that all Host-Read Ad(s) are provided on an "AS IS" or "AS AVAILABLE" basis and Paytuber makes no warranty or representation that such Host-Read Ad(s) will be available, delivered, or work properly.
Paytuber makes no promise, guarantee, representation, or warranty as to the revenues that will be generated by the Host-Read Ad(s) or as to Creator Earnings that you may be entitled to receive in relation thereto.
You agree to indemnify, defend and hold Paytuber, its agents, advertisers, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, demand for payment, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to, or which may arise from (i) your, or, if applicable, the service provider’s performance or non-performance of the Host-Read As(s) and/or (ii) your, or the services provider’s breach of any term hereof.
PAYTUBER PREMIUM SUBSCRIPTIONS
Paytuber offers a monthly or annual premium subscription (collectively the “Paytuber Premium Subscriptions”). Without limiting anything else contained herein, the following additional terms and conditions apply to the Paytuber Premium Subscriptions:
Paytuber Premium Subscriptions allow you to watch programmatic advertisement-free Content on the Paytuber Service (i.e., website and mobile app). Content viewed with a Paytuber Premium Subscription may still contain live read advertisements.
In addition to the terms and conditions contained in this Agreement, the terms and conditions of the applicable mobile app store apply to Paytuber Premium Subscriptions purchased through the Paytuber mobile app.
Paytuber Premium Subscriptions are non-refundable.
Paytuber Premium Subscriptions will automatically renew unless you cancel prior to the renewal date.
CONSIDERATION AND AGREEMENT
You agree:
that there is legally sufficient consideration for this Agreement and for the rights granted and obligations undertaken by the parties herein;
that this Agreement is a legally binding contract between you and Paytuber;
that you are entering into this Agreement knowingly and willingly, and
that your submission of this Agency Agreement to Paytuber electronically constitutes your electronic agreement, such that this Agency Agreement becomes binding upon submission.
To register as a User and open a Paytuber account:
You must be at least 18 years old;
You must be able to be legally bound by a contract with us;
You must be legally permitted to join, view Content, and to use any functionality provided by Paytuber;
You must not be convicted of committing a serious crime; and
You agree to pay (where required) for Creator Interactions in accordance with the Terms of Service and the Contract between Fan and Creator.
If you do not meet the above requirements, you must not access or use Paytuber. You may also be asked to provide additional information prior to account approval.
To open a Creator account, you must also:
Upload a valid form of ID and two photos of you;
Add a bank account, payment details for your bank account, or a payment method;
Select a method ("Payout Option") for us to transfer Creator Earnings to you;
If you are registered for VAT in the UK, provide your UK VAT number;
Submit additional age or identity verification information any time we ask for it;
Set a monthly subscription price, if any, for your Fans;
Add Content for Users to view when they subscribe to your account and become your Fans; and
Provide any additional information we request, which may vary depending on where you live or your nationality.
Adult material: Some Content on Paytuber contains adult material, and you acknowledge and agree to this when you access Paytuber.
We are not responsible for any loss or damage you suffer as a result of how or where you view Content.
Last updated: August 2025
