What is our policy:
- Any person depicted in any Content can Request Content Removal.
- Whether or not you are a User of SLUSHY, you can “Request Content Removal.”
- All reports will be reviewed and resolved within five (5) business days.
- Creators can appeal any Content removal from the Platform.
- Any Content posted to the Platform that violates SLUSHY’s Terms of Service, will be removed immediately and the associated Creator Account will be suspended or terminated depending on the severity of the violation.
How to submit a request:
1. Website
1.1. SLUSHY Members can request for Content to be removed via the Platform
1.2. Navigate to the Content post you want to submit for removal
1.3. Click on the “Options” (…) button on the bottom right-hand corner of the post.
1.4. Click the “Report” button
1.5. Click "I'm in this post and want it removed" button
2. Email
2.1. Any person can submit a “Request for Content Removal” by emailing SLUSHY at support@slushy.com
2.2. You will need to include your full legal name, date of birth, mailing address, phone number, and the post ID and/or Content URL for the Content you’re requesting be removed
3. Mail
3.1. Any person can submit a “Request for Content Removal” by sending mail to our address:
Boink Technologies Inc.
2045 Biscayne Blvd. Suite 118
Miami, FL 33137
3.2. You will need to include your full legal name, date of birth, mailing address, phone number, and the post ID and/or Content URL for the Content you’re requesting be removed
How we resolve your request:
Content Moderators will attempt to establish if the reported Content is illegal or in violation of the Platform’s Acceptable Use Policy within five (5) business days.
1. Identity Verification
1.1. Content Moderators will request an Identity Verification via Persona (if applicable)
1.2. The person requesting Content removal is given 48 hours to respond to the Identity Verification process or the request is rejected
1.3. Persona Identity Verification Status
1.3.1. “Completed” then Content Moderators will use the Identity to validate the veracity of the request
1.3.2. “Failed” then the request is rejected
1.3.3. “Expired” then the request is rejected
2. Depiction Confirmation
2.1. Content Moderators will use the Identity Verification Photos to assess if the person requesting the removal is in fact the person depicted in the Content
2.2. Depiction Confirmation Status
2.2.1. “Match found” then Content Moderators will escalate the request to the Content Creator
2.2.2. “No match found” then the request is rejected
3. Establish Legal Consent
3.1. Content Moderators will attempt to contact the Content Creator and establish if proper consent was obtained under applicable law from the person depicted in the post
3.2. Outcomes:
3.2.1. If the person depicted in the Content is a Verified Member and “approved” the Co-Creator Agreement on SLUSHY then legal consent is confirmed and the request is rejected
3.2.2. If the Content Creator obtained and kept on record prior written agreement from the Co-Creator that includes consent to be depicted in the Content, consent to allow for the public distribution of the Content and to Publish the Content to the Platform, and consent to have the Content downloaded, then legal consent is confirmed and the request is rejected
3.2.3. If the Content Creator fails to respond with recorded proof of written consent within 48 hours then the request is approved and the Content is removed immediately
3.2.4. If person requesting Content removal can provide proof that the consent previously provided is void under applicable law then the request is approved and the Content is removed immediately
How to submit an Appeal of Content Removal:
- Any person can submit an “Appeal of Content Removal” by emailing SLUSHY at support@slushy.com
- You will need to include your full legal name, mailing address, phone number, and the post ID for the Content that was removed, which will be written in the email you received notifying you of your Content’s removal.
Any person can submit an “Appeal of Content Removal” by sending mail to our address:
Boink Technologies Inc.
2045 Biscayne Blvd. Suite 118
Miami, FL 33137
You will need to include your full legal name, mailing address, phone number, and the post ID for the Content that was removed, which will be written in the email you received notifying you of your Content’s removal.
How we resolve your Appeal for Content Removal:
Content Moderators will attempt to establish if the Content was removed in error by reviewing the decision made:
- If the results of the investigation conclude that the Content was removed in error, Content Moderators will restore the post, restore the account, and remove the violation from the account’s record.
- If the results of the investigation conclude that the Content was removed because they cannot establish if proper consent was obtained under applicable law from the person depicted in the post, then the post will remain removed.
Dispute Resolution
If Content Moderators are unable to reach a conclusion that satisfies both parties, you may submit for such dispute to be finally settled in binding arbitration, the cost of such proceedings to be at SLUSHY’s expense. The Judicial Arbitration and Mediation Service, Inc. (“JAMS”) will administer the arbitration in accordance with its Comprehensive Arbitration Rules and Procedures (though to the extent JAMS’ Expedited Arbitration Procedures are available, they will apply), and the arbitration will be held in Boca Raton, Florida. Subject to the foregoing provisions of this section, the jurisdiction and venue for actions related to the subject matter hereof shall be the state and United States federal courts located in Florida and both parties hereby submit to the personal jurisdiction of such courts.
Unjustified or abusive complaints:
If you are a User of SLUSHY, you warrant (which means you make a legally enforceable promise) that you will not make any complaint under this Content Removal Policy which is wholly unjustified, abusive, or made in bad faith. If we determine that you have breached this warranty, we may suspend or terminate your Member and/or Creator account.