Terms of Use for Content Creators
BY USING OUR WEBSITE AS A CONTENT CREATOR YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
1. Introduction: These Terms of Use for Content Creators are additional terms which apply if you use Sharemypleasure.com as a Content Creator (also referred to as "you" and "your" in these Terms of Use for Content Creators). These Terms of Use for Content Creators form part of your agreement with us.
2. Interpretation: In these Terms of Use for Content Creators, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
a. "VAT" means United Kingdom value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and
b. "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the UK or any other jurisdiction.
3. Other terms which will apply to your use of Sharemypleasure.com: The following terms will also apply to your use of Sharemypleasure.com and you agree to them:
a. Our Terms of Use for all Users;
b. Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
c. Our Acceptable Use Policy – which tells you what you can and can’t do on Sharemypleasure.com;
d. Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of Sharemypleasure.com, and how we will deal with that complaint;
e. The Standard Contract between Devotee and Content Creator – which does not form part of your agreement with us, but which governs and sets out the terms applicable to each Devotee/Content Creator Transaction you enter into on Sharemypleasure.com;
4. Other terms which may apply to your use of Sharemypleasure.com: The following additional terms may apply to your use of Sharemypleasure.com:
a. If you are established or resident in the European Union or the United Kingdom, then the Platform to Business Regulation Terms will also apply to you;
b. If you are also a Devotee, the Terms of Use for Devotees will also apply to your use of Sharemypleasure.com as a Devotee; and
c. If you participate in the Sharemypleasure.com Referral Program, the Referral Program Terms will apply to your use of the Sharemypleasure.com Referral Program.
5. What are the fees that we charge Content Creators for the use of Sharemypleasure.com? We charge a fee to you of twenty per cent (20%) of all Devotee Payments made to you (exclusive of any VAT element of the Devotee Payment) (called Our Fee. The remaining eighty per cent (80%) of the Devotee Payment (exclusive of any VAT element of the Devotee Payment) is payable to you (called "Content Creator Earnings"). Our Fee includes the costs of providing, maintaining and operating Sharemypleasure.com and storing your Content. Our Fee is deducted from the Devotee Payment, and Content Creator Earnings are paid to you in the way described in the Payouts to Content Creators section below.
6. How to set up your account as a Content Creator account: To set up your account as a Content Creator account:
a. You will need on your User account page to upload a valid form of ID and two photos of you in accordance with the requirements of our Content Creator Agreement.
b. You will need on your User account page to add a bank account or payment details of your bank account or a payment method.
c. You will need on your User account page to select one of the available methods provided by Sharemypleasure.com as to how your Content Creator Earnings will be transferred to you. These methods are called Payout Options.
d. If you are registered for VAT in the UK, you will need to provide us with your valid UK VAT number.
e. You may also need to submit additional information depending on the country where you live.
f. We may ask you for additional age or identity verification information at any time. We may reject your application to set up a Content Creator account for any reason.
g. Once you have set up your account as a Content Creator account, then if you want to charge your Devotees a monthly subscription fee you will need to set your subscription price for your Devotees within the range allowed by Sharemypleasure.com.
h. You will then be able to start adding Content and Users will be able to subscribe to your account to become your Devotees.
i. If you lose access to your account, you can reset your password, but you will need to know the email address used to set up the account to do so. If you do not recall the email address used to set up the account, we may require you to provide identification documents and photos and any additional evidence we may reasonably require to prove your identity.
7. Personal legal responsibility of Content Creators: Only individuals can be Content Creators. Every Content Creator is bound personally by the Terms of Service. If you have an agent, agency, management company or other third party which assists you with the operation of your Content Creator account (or operates it on your behalf), this does not affect your personal legal responsibility. Our relationship is with you, and not with any third party, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms of Service.
8. Devotee/Content Creator Transactions: This section describes the terms which apply to Devotee/Content Creator Transactions:
a. All Devotee/Content Creator Transactions are contracts between Devotees and Content Creators on the terms of the Standard Contract between Devotee and Content Creator. Although we facilitate Devotee/Content Creator Transactions by providing the Sharemypleasure.com platform and storing Content, we are not a party to the Standard Contract between Devotee and Content Creator or any other contract which may exist between a Devotee and Content Creator, and are not responsible for any Devotee/Content Creator Transaction.
b. Devotee Payments are exclusive of VAT, which shall be added at the current rate as applicable to Devotee Payments.
c. When you receive confirmation from Sharemypleasure.com, either in the ‘Statements’ page of your User account or by email (or both), that the Devotee/Content Creator Transaction has been confirmed, you must perform your part of such Devotee/Content Creator Transaction (for example, by allowing the Devotee to view the Content on your Content Creator account and/or providing the customised Content paid for by the Devotee and/or allowing the Devotee to use the Devotee interaction function paid for (as applicable)). You agree that you will indemnify us for any breach by you of this obligation (which means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of you failing to comply with this obligation).
9. Content – general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Content Creator on Sharemypleasure.com:
a. Your Content is not confidential, and you authorize your Devotees to access and view your Content on Sharemypleasure.com for their own lawful and personal use, and in accordance with any licenses that you grant to your Devotees.
b. You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on Sharemypleasure.com:
i. the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
ii. you hold all rights necessary to license and deal in your Content on Sharemypleasure.com, including in each territory where you have Devotees and in the United Kingdom;
iii. you either own your Content (and all intellectual property rights in it) or have a valid license to offer and supply your Content to your Devotees;
iv. if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on Sharemypleasure.com; and
v. the Content is:
1. of satisfactory quality, taking account of any description of the Content, the price, and all other relevant circumstances including any statement or representation which you make about the nature of the Content on your account or in any advertising;
2. reasonably suitable for any purpose which the Devotee has made known to you is the purpose for which the Devotee is using the Content; and
3. as described by you.
c. You agree that you will be liable to us and indemnify us if any of the warranties at section 9(b) is untrue. This means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the warranties being untrue.
d. We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of Sharemypleasure.com. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
e. You also agree to act as custodian of records for the Content that you upload to Sharemypleasure.com.
10. Advertising on Sharemypleasure.com:
a. If you post or upload video Content to your Content Creator account which is designed to promote, directly or indirectly, a third-party goods, services or image in return for payment, other valuable consideration, or self-promotional purposes (including advertising, sponsorship, and product placement) (together "Advertising Content"), then you must comply with the requirements set out in sections 10(b) and (c) of these Terms of Use for Content Creators.
b. Requirements – Advertising Content: You must ensure that any Advertising Content which you post to your Content Creator account:
i. does not:
1. prejudice respect for human dignity;
2. include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
3. encourage behaviour prejudicial to health or safety;
4. encourage behaviour grossly prejudicial to the protection of the environment;
5. cause physical, mental or moral detriment to any person;
6. directly urge persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
7. directly encourage persons to persuade others to purchase or rent goods or services;
8. exploit the trust of persons in others; or
9. unreasonably show persons in dangerous situations;
ii. does not advertise cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illegal drugs, or any prescription-only medicine;
iii. does not advertise, promote, or facilitate illegal gambling, and
iv. in respect of any Advertising Content for alcoholic drinks, is not aimed at minors and does not encourage immoderate consumption of alcohol.
c. Transparency requirement - Advertising Content: You must declare that any Advertising Content which you post or upload to Sharemypleasure.com contains advertising by including the signifier #ad in the caption to the Advertising Content before posting or uploading.
11. Co-authored Content:
a. If you upload Content to your Content Creator account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) ("Co-Authored Content"), you warrant (which means you make a legally enforceable promise to us) that each individual shown in any Co-Authored Content uploaded to your account is i) a Content Creator on Sharemypleasure.com; or ii) a consenting adult, and that you have verified the identity and age of each such individual and will provide supporting documents as we may request in our discretion.
b. You further warrant that you have obtained and keep on record written consent from each individual shown in your Co-Authored Content that such individual:
i. has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and
ii. has consented to the Co-Authored Content in which he or she appears being posted on Sharemypleasure.com.
c. In addition to the confirmations in sections 11(a) and (b) above, you agree that if you upload Co-Authored Content where the other person or people appearing in the Content maintain a Content Creator account on Sharemypleasure.com, you will tag the Sharemypleasure.com account(s) of any person or people appearing in the Co-Authored Content who can be identified from it.
d. If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on Sharemypleasure.com.
e. You agree that we will only arrange for Content Creator Earnings to be paid to the account of the Content Creator to which the Co-Authored Content is uploaded. The Content Creator who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the individuals shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between you and such individual(s), and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Content Creator Earnings earned on any Co-Authored Content in which you appear but which is posted on another Content Creator’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear 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 Content Creator, terminate your account, and/or withhold all or any portion of Content Creator Earnings earned but not yet paid out to you.
f. 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 Content Creator(s) who posted Co-Authored Content or the individual(s) who appeared in the Co-Authored Content (as applicable).
12. Payouts to Content Creators:
a. All Devotee Payments will be received by a third-party payment provider approved by us.
b. If you have chosen the Stripe Payout Option, Stripe will collect the Devotee Payment and pay the Content Creator Earnings to your bank account.
c. Where Stripe is not the Payout Option chosen by you, Our Fee will be deducted from the Devotee Payment received and your Content Creator Earnings will be held by us or one of our subsidiary companies on your behalf.
d. Your Sharemypleasure.com account will be updated within a reasonable time with your Content Creator Earnings. Your Content Creator Earnings will become available for withdrawal by you from your Sharemypleasure.com account once such Content Creator Earnings appear in your Sharemypleasure.com account.
e. To make a withdrawal of Content Creator Earnings from your Sharemypleasure.com account, you must have at least the minimum payout amount in your Sharemypleasure.com account. Please click on the Banking page on your account to see what the minimum payout amount is for your country of residence and Payout Option.
f. The amount that you see in your ‘current balance’ in your Sharemypleasure.com account is your Content Creator Earnings at the relevant time. All Devotee Payments and Content Creator Earnings are transacted in USD only. If you have chosen the "Stripe" Payout Option then the Devotee Payments and Content Creator Earnings figures will be reflected in your local currency, at an exchange rate controlled by Stripe. Your bank may charge you currency conversion or transfer fees to receive the money. Additionally, your e-wallet company may charge you a fee for accessing the money. We do not have control over currency exchange rates or charges imposed by your bank or your e-wallet company, and we and our subsidiary companies will not be responsible for paying any charges imposed by your bank or your e-wallet company.
g. If a Devotee successfully seeks a refund or chargeback from their credit card provider in respect of a Devotee Payment made to you, we may investigate and may decide to deduct from your account an amount equal to the Content Creator Earnings earned by you on the charged-back or refunded amount.
h. Except for Payout Options involving payment by direct bank transfer, we do not store any data disclosed by you when you register your Payout Options with a third-party payment provider.
13. Circumstances in which we may withhold Content Creator Earnings:
a. We may withhold all or any part of the Content Creator Earnings due to you but not yet paid out:
i. if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
ii. if you attempt or threaten to breach any part of the Terms of Service in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
iii. if we suspect that all or any part of the Content Creator Earnings result from unlawful or fraudulent activity, either by you or by the Devotee who made the Devotee Payment resulting in the Content Creator Earnings,
for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) the Content Creator Earnings result from unlawful or fraudulent activity, we may notify you that you have forfeited your Content Creator Earnings.
b. We may also withhold all or any part of the Content Creator Earnings due to you but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on Content Creator Earnings. We undertake no duty to pay Content Creator Earnings to third-party lienholders and may withhold payment of Content Creator Earnings until the lien has been removed.
c. We shall not have any responsibility to you if we withhold or forfeit any of your Content Creator Earnings where we have a right to do so under these Terms of Use for Content Creators.
d. If we are withholding all or any part of the Content Creator Earnings due to you and we determine that part of the Content Creator Earnings withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity, then we may arrange for you to be paid the part of the Content Creator Earnings which we determine to be unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all Content Creator Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.
e. If once we have finished our investigation we determine that Content Creator Earnings are forfeited, we will (unless prohibited by law) use our best efforts to ensure that any Devotee Payments which resulted in forfeited Content Creator Earnings are returned to the relevant Devotees who paid such Devotee Payments.
14. Promoting Tax compliance and VAT:
a. General:
i. We recommend that all Content Creators seek professional advice to ensure you are compliant with your local Tax and VAT rules, based on your individual circumstances.
ii. By using Sharemypleasure.com as a Content Creator, you warrant (which means you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of Sharemypleasure.com to the relevant Tax authority in your jurisdiction, as required by law.
iii. By using Sharemypleasure.com as a Content Creator you warrant (which means you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to Tax which apply to you. If, at any point whilst you have an Sharemypleasure.com account, any Tax non-compliance occurs in relation to you (including a failure by you to report earnings or the imposition on you of any penalty or interest relating to Tax) or if any litigation, enquiry, or investigation is commenced against you that is in connection with, or which may lead to, any occurrence of Tax non-compliance, you agree that you will:
1. notify us by email to support@Sharemypleasure.com in writing within 7 days of the occurrence of the Tax non-compliance or the commencement of the litigation, enquiry or investigation (as applicable); and
2. promptly provide us by email to support@Sharemypleasure.com with:
a. details of the steps which you are taking to address the occurrence of the Tax non-compliance and to prevent the same from happening again, together with any mitigating factors that you consider relevant; and
b. such other information in relation to the occurrence of the Tax non-compliance as we may reasonably require.
iv. For the avoidance of doubt, you are responsible for your own Tax affairs and we and our subsidiary companies (i) are not responsible for advising you on your Tax affairs and will not be liable in respect of any general information provided on Sharemypleasure.com or by support@Sharemypleasure.com in respect of Tax, and (ii) will not be liable for any non-payment of Tax by Content Creators.
v. We reserve the right to close your Sharemypleasure.com account if we are notified of or become aware of any Tax non-compliance by you.
b. UK VAT and UK established Content Creators:
i. For the purposes of UK VAT only, Content Creators are treated as providing their services to Sharemypleasure.com, rather than to Devotees directly.
ii. If you are a Content Creator registered for UK VAT:
1. You will be treated, for VAT purposes, as charging Sharemypleasure.com your Content Creator Earnings (80% of all and any Devotee Payments), together with UK VAT at the prevailing rate in force at the time of the Devotee Payment;
2. Sharemypleasure.com also agrees that, subject to the terms set out in this section of these Terms of Use for Content Creators, you can add UK VAT at the prevailing rate in force at the time of the referral payment to the amount of any referral payments payable to you under the Referral Program Terms (" Referral Payments").
3. You agree to invoice Sharemypleasure.com using a VAT compliant invoice template which can be provided upon request: to generate monthly VAT invoices, addressed to Fenix International Limited, in respect of your Content Creator Earnings (and Referral Payments, if any) for the relevant period together with the VAT on such Content Creator Earnings (and Referral Payments, if any);
4. The VAT element added to your Content Creator Earnings (and Referral Payments, if any) (the "VAT Amount") will be paid to you by way of a separate payment outside of your regular Content Creator Earnings, provided that you must have submitted to us copies of the following before payment of the VAT Amount will be made to you:
a. your VAT registration number
b. a valid VAT invoice; and
c. a VAT return made to HM Revenue & Customs, including a value of taxable supplies equal to or greater than the aggregate value of your Content Creator Earnings (and Referral Payments, if any) for the relevant period.
iii. You shall pay the VAT Amount which is paid to you directly to HM Revenue & Customs.
iv. If you need any further information or assistance on what is needed in order to receive the VAT Amount you can email support@Sharemypleasure.com
v. More information on who is required to register for VAT in the UK, and the VAT position for Content Creators whose earnings are not above the earnings threshold or who are not VAT registered can be found in the following guidance from HM Revenue & Customs in the UK at https://www.gov.uk/vat-registration/when-to-register.
vi. You agree that you will keep copies of all VAT invoices and VAT returns in connection with your earnings from Sharemypleasure.com and you will provide us with copies of such documents within 14 days of our written request that you do so. For the avoidance of doubt, it is your obligation to comply with all provisions of VAT legislation and make, give, obtain, maintain and keep accurate, complete and up-to-date records, invoices, accounts and other documents required for the purposes of the VAT legislation.
vii. If you are a Content Creator in the UK who is not required to register for UK VAT, then you should monitor the level of taxable sales that you make in the UK (including any Referral Payments) to ensure you have not exceeded the VAT registration threshold in the UK. It is your obligation, as a taxable person, to monitor whether you have exceeded the VAT registration threshold.
We do not monitor earnings that Content Creators receive from other income sources. However, we will monitor the annual earnings of UK Content Creators on our platform, and if you are not already VAT registered and your earnings exceed the VAT registration threshold, you will receive a notification from us asking you to register for VAT. If you receive such a VAT registration notification, you agree to register for VAT as soon as possible and to send your VAT registration number to us at support@Sharemypleasure.com, within 6 weeks of such notification. Failure to do so may result in your Sharemypleasure.com
