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Terms of Use for Creators

Last updated July 2026Previous versions

THESE TERMS APPLY TO YOU WHEN YOU SIGN UP TO AND USE OUR PLATFORM AS A CREATOR – PLEASE READ THEM CAREFULLY

1. INTRODUCTION; PLATFORM RULES.

1.1. These Terms of Use for Creators (the "Creator Terms") are additional terms which apply if you use the Platform as a Creator (also referred to herein as "you", including the variants "your" and "yours"). These Creator Terms form part of the binding contract between you and us as set out in our TOS and governs your rights and responsibilities as a Creator in connection with the Platform.

1.2. You acknowledge that by agreeing to these Creator Terms, and by using the Platform, certain other terms and policies will also apply to you and form part of your agreement with us as a Creator, including:

1.2.1. Terms of Use for All Users;

1.2.2. Terms of Use for Members;

1.2.3. Trust & Safety Policy;

1.2.4. Acceptable Use Policy;

1.2.5. Compliance Levels & Permissions Chart;

1.2.6. Referral Program Terms;

1.2.7. Co-Creator Agreement;

1.2.8. Payment Policy;

1.2.9. Each of the Content Removal Policy; Content Reporting Policy; and Content Moderation Policy - which sets out the procedure for making a complaint about Content or other aspects of the Platform, and how we will deal with such complaints;

1.2.10. Monthly Compliance Report Policy – which sets forth our reporting obligations with respect to all Content Published to the Platform; and

1.2.11. Various other terms, agreements and policies found on our Frequently Asked Questions Page or our SLUSHY Policies Page, as applicable.

1.3. You also understand and acknowledge that your personal information will be collected, used, shared, and otherwise processed in accordance with our Privacy Notice, and which applies to all Users.

1.4. In the event of any conflict between these Creator Terms, the Terms of Use for all Users and the Terms of Use for Members, these Creator Terms shall prevail.

2. DEFINITIONS.

In these Creator Terms, defined terms have the same meanings given to them in the Terms of Use for all Users, unless otherwise indicated. In addition, when used in these Creator Terms, the following terms shall have the following meaning:

2.1. “Adjusted Net Receipts” shall mean, with respect to each Member Payment earned by a Creator, that Member Payment less: (i) any chargebacks (including amounts paid as a result of credit card abuse or fraud, or paid to such Creator by us to settle a claim involving the allegation of credit card or other abuse or fraud), uncollectible revenue attributable to a Creator, or third-party transaction fees, the remainder of which will be split between SLUSHY and Creator in accordance with the terms set forth herein and in our Payment Policy; and (ii) any refunds made in accordance with the Payment Policy;

2.2. “Adult Content” shall refer to any NSFW Content that is pornographic or intended to cause sexual arousal, including, but not limited to, Content that depicts a person, cartoon/anime character, or animal with human-like features in a state of full or partial nudity, engaging in sexual intercourse or other sexual acts, or simulating sexual intercourse or other sexual acts;

2.3. “Creator Earnings” refers to the total amount payable to each Creator from each Member Payment, which shall be equal to fifty percent (50%) of the Adjusted Net Receipts, exclusive of any Withheld Taxes; and

2.4. “Live Content” shall refer to: (i) live, timed, one-off one-to-one sessions between a Creator and a User, which a Member must individually purchase to schedule such session; and (ii) live, timed, one-off Content that the Creator makes available to Members.

2.5. “Locked Content” 1. shall refer to one-off, particular posts of Content Published to a Creator’s account or profile, which a Member must individually purchase in order to view. For clarity, a Creator’s Locked Content will not be viewable by Members purchasing a Subscription to that Creator’s Subscription Content;

2.6. “Member Account” shall have the meaning given to it in the Terms of Use for Members;

2.7. “Member Payment” shall mean the total amount of money charged to a Member in respect of Premium Activities (including any tips paid by a Member to a Creator), which may be charged in Member’s local currency or in US Dollars, for accessing Locked Content, purchasing a Subscription to access Subscription Content, and/or interacting with a Creator through Direct Messages, exclusive of all Withheld Taxes;

2.8. “Non-Adult Content” shall refer to all Content that is not otherwise classified as Adult Content. For clarity, Non-Adult Content may be tagged as either SFW Content or NSFW Content;

2.9. “NSFW Content” shall refer to Content that is considered "not-suitable-for-work" or Content that contains explicit, profane, graphic, or other potentially disturbing language, images or subject matter. A NSFW Content tag on the Platform serves as a warning for Users to use discretion or to avoid such tagged Content when viewing and/or using the Platform in a public setting such as school, work or around minors. For clarity, all Adult Content will be tagged as NSFW Content, but not all NSFW Content will be categorized as Adult Content;

2.10. “Premium Activities” means Subscription Content, Locked Content, Live Content or, where applicable in accordance with the Creator's settings on their Creator Account, interactions between a Member and a Creator via direct messaging;

2.11. “Publish”, and its variants “Publication”, “Publishing” or “Published” refers to the publication, distribution, offering, streaming, and sharing of Content. As used herein “Published Content” refers to Content that has cleared SLUSHY’s Content Moderation Policy and is available for Users to view, purchase, and interact with on the Platform;

2.12. “SLUSHY Platform Fees” refers to the total amount payable to SLUSHY to cover the costs of providing, maintaining and operating the Platform, which shall be equal to fifty percent (50%) of the Adjusted Net Receipts, exclusive of any Withheld Taxes;

2.13. “SFW Content” shall refer to Content that is considered “suitable-for-work” or Content that does not contain explicitly inappropriate subject matter. A SFW Content tag on the Platform indicates to Users that such tagged Content may safely be viewed in a public setting such as school, work or around minors;

2.14. “Subscription” shall mean a Member’s recurring subscription to all of the Content previously Published or that will be Published to a Creator’s page that the Creator designates as Subscription Content;

2.15. “Subscription Content” shall refer to all of the Content Published to a Creator’s account or profile that a Member will have access to after purchasing a Subscription to the Creator’s Content. For clarity, a Creator’s Subscription Content will not be viewable to any Member who does not purchase a Subscription to that Creator’s Content;

2.16. “Supported Country” shall mean a country listed here;

2.17. “Tax” or “Taxes” 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 United States, Canada or any other jurisdiction (including, without limitation, Value Added Tax and Goods and Services Tax); and

2.18. “Withheld Taxes” means any Taxes withheld and remitted directly to the concerned Tax authorities by SLUSHY in accordance with Section 6.5.

3. GENERAL TERMS FOR CREATORS.

You acknowledge, are aware, agree and understand that you have the following rights and responsibilities with respect to us, other Users, the Platform, and the Content Published by you:

3.1. The Platform gives you the ability to Upload, Publish, license, and sell your Content, including Locked Content, Live Content, Subscription Content, and Content viewable by all Users, and the ability to interact online to varying degrees with Members via Direct Messages or other features added to the Platform from time to time. All Content accessible or sold through the Platform is to be accessible or sold to Users, respectively, for private use only. You will not sell, rent, transfer or share any Content Uploaded or obtained by you through the Platform, to or with anyone else.

3.2. You will only Publish Content that is original and that you own or are duly authorized to Publish, license, and sell. SLUSHY does not permit or tolerate any Content, including all search terms used by Users to locate such Content, that contains child exploitation materials or the depiction of nonconsensual activity. All Content Published by you must be compliant with our Acceptable Use Policy, including, but not limited to, the guidelines with respect to identifying Adult Content versus Non-Adult Content. We reserve the undisputed right to remove any non-compliant Content Published by you, and to terminate your Member Account or your Creator Account (as defined below) at any time, without prior notice to you, in accordance with the Terms of Use for all Users and the Terms of Use for Members.

3.3. Posting of Content that contains illegal activities is expressly prohibited. You will not Publish any content which violates applicable law or Card Brand Standards.

3.4. A Creator will be considered solely an independent contractor and in no way should a Creator be considered an employee, agent, or partner of SLUSHY. Nothing in these Creator Terms shall be construed as creating any agency, employment relationship, joint or collaborative venture, or partnership of any kind between Creator and SLUSHY, its employees, agents, or assigns.

3.5. In addition to those other prohibitions set forth in the Terms of Use for all Users, you agree to not: (i) try to inhibit the sales or activity of another Creator using the Platform; or (ii) flag or report Content that has been Published by other Creators solely for the purpose of removing the Content Published by a Creator that competes with you.

4. YOUR ACCOUNT AS A CREATOR.

4.1. Registering your Creator Account.

4.1.1. 1. All Users who wish to access the Platform as a Creator and to Upload, Publish, license and sell Content, must first request to create or upgrade to a Creator account (your "Creator Account"). To apply for a Creator Account, you will have to:

  1. be a resident of a Supported Country
  2. create and register for a Member Account in accordance with the Terms of Use for Members, unless you have done so previously;
  3. become verified as a Creator in accordance with the Compliance Criteria set forth in the Compliance Levels & Permissions Chart (the “Creator Verification Process”);
  4. review and accept these Terms of Use for Creators;
  5. provide certain other banking and Tax information to facilitate the receipt of your Creator Earnings; and
  6. confirm certain preferences related to your Premium Activities, including but not limited to, your Subscription fee and Direct Messages fee..

4.1.2. In order to proceed through the Creator Verification Process, you must: (i) provide us with a photo of your Government ID, and (ii) agree to perform certain KYC Checks and a Sex Offender Registry Check, if applicable. For more information regarding the Creator Verification Process, including all details of the KYC Checks and complete definitions of the defined terms used in this Section 4.1.2, please refer to the Compliance Levels & Permissions Chart.

4.1.3. If you have been referred to the Platform by an existing Creator, we will ask you to provide the username or handle of that referring Creator as part of the information you submit when applying to create a Creator Account. You do not have to provide this information; however, if you do not do so, you will not be able to add the details of the referring Creator at a later stage and the Creator that referred you will not be eligible to receive any Referral Fees in accordance with our Referral Program Terms.

4.2 All requests to create or upgrade to a Creator Account are subject to approval by us in our sole discretion. We will notify you by email as soon as we have approved the creation of your Creator Account.

4.2.1. In connection with and/or immediately following the approval of your Creator Account, we request that you: (i) add your bank account details to your account, (ii) provide us with an IRS Form W-9 (if you are resident in the U.S.) and/or IRS Form W8-BEN (if you are not resident in the U.S.), as applicable, (iii) set the monthly Subscription fee that you wish to charge Members who subscribe to your Subscription Content, and (iv) validate your email address.

4.2.2. You acknowledge that we highly recommend, although we will not require, that you download and enable a third-party Two-Factor Authentication service, chosen by SLUSHY in our sole discretion, to which one-time passcodes can be sent to securely authenticate your identity each time you login to your Creator Account (for additional detail, please see our Help Center).

4.3. Limitations.

4.3.1. Agencies cannot be Creators: Every Creator is the owner of their own Creator Account and must have access to their Creator Account at all times. If you have an agent or agency which assists you with the operation of your Creator Account (or operates it on your behalf), this does not affect your personal legal responsibility. Our relationship is with you, and not your agent or agency, and you will be legally responsible for ensuring that all Published Content and all use of your Creator Account complies with the Platform Rules.

4.3.2. Creators who use corporate entities: If you set up a corporate entity to receive your Creator Earnings, you must provide evidence to us on request that you are the person who owns and/or controls that corporate entity. We will only pay your Creator Earnings into a bank account not held in your name where the bank account is held in the name of the corporate entity and you are the person who owns and/or controls that corporate entity. You agree that if you use a corporate entity to receive Creator Earnings you will comply with all laws (including Tax laws) which are applicable to corporate entities in the place where the corporate entity is established.

4.4. Content Published on your Creator Account.

4.4.1. You are solely responsible for all Content Published to the Platform via your Creator Account, including any personalization made to your profile, any posts and messaging (including Direct Messages) and you acknowledge that we have no direct control over what your or any other Creator’s Content may contain. You must evaluate, and bear all risks associated with, your use of the Platform and your Content. You will not Publish or Upload Content that could be deemed illegal, involves or shows minors, or is in violation of our Acceptable Use Policy. Further, you agree not to Publish Content that violates any third party's intellectual property right or that violates another individual's privacy. This includes, but is not limited to, copyrighted background music and/or video content appearing in Published Content – any and all music or videos used in Content must either be royalty-free or Creator must ensure that proper applicable royalties have been paid.

4.4.2. You must have obtained the express consent of anyone pictured or depicted in the Content you Publish including any AI Generated Content, pursuant to a Co-Creator Agreement. Such written consent must contain (i) consent to be depicted, (ii) consent for public distribution and uploading to the Platform, and (iii) consent for downloading by other Users. Further, Creators must verify the identity and age of all individuals to be depicted in such Creator’s Content, including AI Generated Content by obtaining the appropriate supporting documentation showing consent and verification. You hereby expressly represent and warrant that you have obtained such consent and that you are responsible for retaining and providing supporting documentation for every performer in every piece of Published Content, whether or not the Content is classified as Adult Content or Non-Adult Content. Additionally, if consent cannot be established, or if the person depicted in the Content can provide evidence that the consent is void under applicable law, we will promptly remove such Content as requested.

4.4.3 You understand and agree that your profile and your Published Content may be visible or searchable by other Users of the Platform through the Platform itself; provided, however, that we, in our sole discretion, have the right to determine where and how frequently your Content will be distributed, displayed, featured, viewable and/or searchable on the Platform. Further, you understand and agree that your Creator Account and your Published Content may be searchable by third-party, publicly available search engines or Internet archives; should you wish to have some or all of your Creator Account and/or Published Content removed from the publicly available search engines or Internet archives, it is your sole responsibility to do so and to file such removal requests with the concerned search engine(s) operator(s).

4.4.4. To the extent that your Published Content contains personal information of another person, you must ensure that: (i) you are lawfully (without being in breach of applicable privacy laws) able to disclose, provide or make available your Published Content to us in connection with these Terms of Use for Creators including by having disclosed to that person that their information is being provided to us; and (ii) we are lawfully (without being in breach of applicable privacy laws) able to use, store, handle and process your Published Content in accordance with these Terms of Use for Creators and our Privacy Notice and for the purposes of providing our Services to you and others.

4.4.3. In the event that Creator has shared their Creator Account information with another User or permitted another User to access the Platform via Creator’s previously authorized device (such User, an "Unauthorized User"), Creator hereby specifically waives any claims and/or damages arising out of any agreement with an Unauthorized User and hereby undertakes to defend, hold harmless, and indemnify SLUSHY against any claims and/or damages arising out of such shared access, including, but not limited to, claims involving the payment, disbursement or collection of fees earned by the Creator or the Unauthorized User (if such Unauthorized User is also a Creator). Without limiting the foregoing, at all times, you agree to hold SLUSHY harmless with respect to any activity made through your Creator Account, related or not to your Published Content or any payment made by SLUSHY pursuant to specific payment instructions set forth in any such separate agreement made between Creator and Unauthorized User. You acknowledge that, should you authorize/direct SLUSHY to pay any sums due to a third party, you will have no recourses against SLUSHY with respect to any such amount once paid to the designated payee. It shall be Creator’s sole responsibility to inform SLUSHY in writing of any termination of any such separate agreement.

4.4.4. in an ongoing effort to protect minors and prevent the Publication and/or Upload of illegal Content, SLUSHY retains the right to regularly scan any and all Published Content and Uploaded Content for the presence of minors and indication of prostitution or other selling of sex (whether or not involving minors). Any Content deemed to include minors and/or involve, promote or suggest prostitution or other selling of sex, will be removed immediately and reported to the appropriate authorities and the Creator will be banned from using the Platform.

4.5. Creator Information. You agree to promptly provide us with all information necessary for us to support your use of the Platform as well as any other information as may be requested by us from time to time ("Creator Information"). You are responsible for the Creator Information that you upload to the Platform and for the consequences and liability related to or connected with your Creator Information as well as your use and/or Publication of any Content. SLUSHY does not claim ownership rights to your Creator Information. You shall retain all rights to, and ownership of, your Creator Information, but by providing Creator Information, you hereby grant SLUSHY a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, edit, adapt, publish, translate, incorporate, display, perform, and prepare derivative and collective works utilizing the Creator Information for purposes of supporting and maintaining the Platform for you and other Users. Additionally, you grant to SLUSHY a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, adapt, perform, compile, display, incorporate, modify, and create derivative and collective works utilizing Creator Information in a de-identified format for the improvement of the Platform and SLUSHY’s other products and services (as may exist now or in the future) and for such other lawful purposes as we see fit. SLUSHY will not be liable for your Creator Information. You hereby represent and warrant that you have (i) the right to upload and transmit your Creator Information, and (ii) all necessary rights and authority with respect to your Creator Information to grant to SLUSHY the foregoing and to allow us to use your Creator Information as contemplated hereunder without violation of any law, rule or regulation or any rights of any third party.

4.6. License to your Content. Subject to Section 4.7, by using the Platform, you retain control and legitimate ownership rights in your Content and Users are granted nothing more than the right to view, license, or buy your Content. You agree and understand that SLUSHY may make use of your Content (alone or in combination with other works) for promotional or commercial purposes only and to render the services pursuant to these Creator Terms. Therefore, you hereby grant SLUSHY a perpetual, unlimited, royalty-free, worldwide, nonexclusive, irrevocable, and transferable license to run, copy, reproduce, record, publish, communicate, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, alter, sublicense, export, host, make available, or otherwise use your Content, alone or in combination with other works, including, but not limited to, text, data, images, photographs, illustrations, animation, graphics, video, audio segments, or hypertext links, by means of any technology, whether now known or hereafter to become known. You hereby waive any "moral rights" or similar rights in and to the Content in favor of SLUSHY and its permitted transferees and sublicensees and agree that any other person(s) with such rights in and to the Content waive(s) them in favor of SLUSHY and its permitted transferees and sublicensees. You hereby represent that you have the right to grant the license and waivers stated above.

4.7. Live Content. SLUSHY reserves the right to record any Live Content that you Publish to the Platform, and any recordings of Live Content ("Recordings") that SLUSHY creates will belong to us. To the extent that the Creator owns any right, title or interest in or to a Recording, including without limitation any copyrights therein (other than any copyrights, rights of publicity, or rights of privacy subsisting in my own image, name or likeness), the Creator hereby irrevocably assigns all such right, title, and interest in and to the Recording to SLUSHY. SLUSHY shall not use, reproduce, distribute, modify, edit, adapt, publish, translate, incorporate, display, perform, or prepare derivative or collective works using such Recordings other than: (i) to monitor the Creator's compliance with these Creator Terms and any Users' compliance with the Terms of Use for all Users and the Terms of Use for Members; (ii) to resolve disputes between Creators and Members; or (iii) where required to comply with applicable law.

4.8. Live Streaming Controls and Real-Time Moderation. SLUSHY maintains real-time monitoring and moderation controls for all Live Content streamed on the Platform. Creators are solely responsible for ensuring that their live streams (including all audio, video, chat, and participant interactions) comply with these Creator Terms, the Acceptable Use Policy, the Content Moderation Policy, and all applicable laws at all times during the stream.

SLUSHY reserves the right, in its sole discretion and without prior notice, to:

(a) monitor Live Content in real time using automated tools, human review, or a combination thereof;

(b) immediately terminate, suspend, mute, or remove any live stream (or any portion thereof) that violates these terms or contains prohibited content;

(c) remove participants, restrict chat, or take other moderation actions during an active live stream; and

(d) suspend or terminate the Creator’s account for violations occurring during live streaming.

Creators acknowledge that SLUSHY’s live streaming controls are implemented to protect Users, enforce platform rules, and maintain compliance with applicable payment and content regulations. SLUSHY shall have no liability for the good-faith exercise of these rights. All enforcement actions will be carried out in accordance with the Content Moderation Policy and Content Removal Policy.

4.9. Prohibited Content Creators must not Publish, upload, stream, or create any Content that depicts, suggests, or involves:

  • Under-aged individuals (anyone appearing to be under 18 years of age)
  • Non-consensual activity of any kind
  • Incest or incestuous themes
  • Rape or sexual assault
  • Bestiality
  • Intoxication (real, simulated, or implied) in a sexual or exploitative context

This prohibition applies to all forms of Content, including but not limited to photographs, videos, live streams, and AI-generated or AI-manipulated media (including deepfakes). Creators are required to obtain and retain verifiable consent and age verification for all individuals depicted, and must ensure no Content violates these rules.

Any violation will result in immediate removal of the Content, suspension or permanent termination of the Creator Account, and may lead to reporting to law enforcement authorities, in accordance with the Content Moderation Policy, Acceptable Use Policy, and applicable law (including 18 U.S.C. § 2257).

4.10. Featured Posts. 1. You agree and understand that you may feature previously Published Content by pinning the Published Content on your Creator Account (your "Featured Post"); provided, however, that such Featured Post or the first item in the Featured Post cannot be classified as NSFW Content, Subscription Content, Live Content and/or Locked Content. At any time when you have not chosen a Featured Post, your Featured Post will be a randomly selected background provided by SLUSHY.

4.11. Content ranking. The Content you Publish will be ranked and displayed to Members as set out in the "Content Ranking" section of our Help Center page.

4.12. Deleting or Deactivating your Creator Account. You may delete or deactivate your Creator Account the same way you may delete or deactivate your Member Account in accordance with the Terms of Use for Members. If you decide to delete or deactivate your account, which you can do at any time, all of your Content will be removed from the Platform, except as provided below.

4.12.1. Locked Content. If you delete or deactivate your Creator Account, or if you remove Locked Content from your Creator Account, such Locked Content will immediately be removed and/or hidden from public view and will no longer appear on the Platform for further sale or license; however, the deleted or deactivated Locked Content will remain in the account of the Member who has purchased that Locked Content. 

4.12.2. Subscription Content. If you delete or deactivate your Creator Account, or if you remove Subscription Content from your Creator Account, the Subscription Content will remain on the Platform until at least the last day (your "Final Subscription Termination Date") on which all outstanding Subscriptions to your Subscription Content have expired. Each Member’s Subscription will automatically terminate once that Member’s Subscription period expires, and the Member will no longer be able to view your Subscription Content, even if the Member’s Subscription period expires prior to the Final Subscription Termination Date. SLUSHY will block all Members from purchasing new Subscriptions to your Subscription Content as soon as you request to delete or deactivate your Creator Account.

4.13. Issuing Notices. By Publishing Content to the Platform, you agree to authorize SLUSHY to issue notices of claimed infringement to third parties on your behalf for any and all instances of copyright infringement regarding your right to your Content. SLUSHY may exercise the authority granted by you in this Section at its own option where SLUSHY discovers instances of infringement in the copyright of your Content, but SLUSHY is not obligated to do so and may not be compelled to act on your behalf by you or any other party. Neither SLUSHY nor any of its agents accepts any liability that may arise from exercising the rights granted in this Section and you agree to hold SLUSHY and its agents harmless from all claims arising out of or related to SLUSHY’s exercise of such authority.

4.14. Litigation Agency. Notwithstanding anything to the contrary contained herein, Creator assigns SLUSHY agency rights so as to be able to pursue third parties in the U.S. infringing on Creator’s copyright on behalf of Creator, at SLUSHY’s discretion. This agency may not be limited to Content definitively stolen from the SLUSHY Platform.

4.15. Territorial Use. You acknowledge that the Platform is controlled in and originates from the United States and that only persons located in the Supported Countries are currently permitted to access the Platform as Creators or to be featured in Content as Co-Creators (as defined below). You agree that you will not apply for a Creator Account, Publish Content to the Platform as a Creator, monetize from any Published Content, accept a Co-Creator Agreement or otherwise be featured in Co-Authored Content as a Co-Creator, if you are not located in a Supported Country.

5. MAINTENANCE OF RECORDS

5.1. Identity and information requirements. You agree that, prior to Publishing any Adult Content to the Platform, and at any time at our reasonable request, you must provide us with any information required to comply with obligations under 18 USC § 2257 (the "2257 Regulations"), including: (i) a Valid Identification Document that shows your name and date of birth; (ii) a list of any names, other than your present and correct name, ever used by you including maiden name, alias, nickname, stage or professional name (the "2257 Regulations Information"). If any other individual is featured in the Adult Content that you Publish to the Platform, you are responsible for tagging all such other individuals and obtaining and providing to us, prior to uploading the Adult Content and at any time at our reasonable request, the 2257 Regulations Information in relation to those other individuals. We may remove or block any Adult Content that you upload if you do not comply with this section 5.1. For the purposes of this section 5, a "Valid Identification Document" means, in respect of any individual that is a U.S. citizen or U.S. resident, a document issued by the U.S. government.

5.2. Notwithstanding the foregoing or anything to the contrary, you understand and acknowledge that SLUSHY is not acting as a "producer", as defined by the 2257 Regulations. You are responsible for:

5.2.1. if you are a U.S. citizen or U.S. resident, obtaining and maintaining the 2257 Regulations Information in respect of any individuals featured in Adult Content that you create or Publish to the Platform (including yourself) and maintaining such information for the duration of your agreement with us and for seven (7) years thereafter;

5.2.2. if you are not a U.S. citizen or U.S. resident, taking any steps required under the law of the jurisdiction where you are resident, or otherwise reasonable steps to confirm that any other individual featured in the Adult Content that you Publish to the Platform was not, at the time the Adult Content was created, under eighteen (18) years of age or, if higher, the age at which an individual can legally appear in Adult Content in accordance with the law of the jurisdiction where you are resident.

5.3. The original records required pursuant to 18 U.S.C. § 2257 and 28 C.F.R. 75 for materials contained in the Platform shall be kept safe by the appropriate Records Custodian. If you are a U.S. citizen or a U.S. resident, SLUSHY may, at any time, and for any reason, request a copy of your 2257 Regulations Information. If you cannot provide SLUSHY with the requested documentation, or, if you repeatedly breach the obligations in this section 5, including your documenting and reporting obligations with respect to other individuals featured in your Content,

6. CO-AUTHORED CONTENT.

6.1. You acknowledge that all Content Published by you, including all Co-Authored Content, will either be classified as Adult Content or Non-Adult Content. If you Publish any Content to your Creator Account which shows, depicts or features anyone else other than or in addition to you (even if that person cannot be identified from the Content) (each such individual, a "Co-Creator"), you and/or the Co-Creator must comply with the documentation, identity verification and record keeping requirements set forth in this Section.

6.2. Publishing Co-Authored Content. If you Publish Content featuring a Co-Creator ("Co-Authored Content"), you warrant (which means you make a legally enforceable promise) that each Co-Creator shown in any such Co-Authored Content:

  1. is over the age of 18 years old (or, where required under applicable law, 21 years old) and the age of legal consent under the laws of Co-Creator’s jurisdiction;

  2. has provided you with a copy of the Co-Creator’s Government ID from which you are able to verify the Co-Creator’s age and identity; and

  3. if you are creating AI Generated Content, has provided their consent of the use of their likeness embodied in or incorporated into such AI Generated Content; and

  4. has signed a Co-Creator Agreement, in order to give their express, written, prior and fully informed consent to each of the following, as applicable:

    i. their appearance in the Co-Authored Content;

    ii. the Publication and public distribution of the Co-Authored Content on the Platform; and

    iii. the download of the Co-Authored Content by other Users.

6.3. Slushy Compliance+. To assist you with the documentation and record keeping requirements set forth above, SLUSHY offers "SLUSHY Compliance+" for all Co-Authored Content, a free of charge service pursuant to which SLUSHY will obtain and verify all documentation required in connection with featuring Co-Creators in your Content. Where the Co-Authored Content that you Publish does not contain Adult Content (the "Co-Authored Non-Adult Content"), you are encouraged, although not required, to utilize SLUSHY Compliance+ in connection with Publishing Co-Authored Non-Adult Content. Where the Co-Authored Content that you Publish contains Adult Content (the "Co-Authored Adult Content"), SLUSHY will automatically assist you with the documentation and record keeping requirements set forth above by verifying the people identified in your Co-Authored Adult Content in accordance with the Compliance Levels & Permissions Chart and collecting Co-Creator’s signature on the Co-Creator Agreement.

6.4. Verifying Co-Authors. You further agree that for all Co-Authored Adult Content, you will identify the person or people appearing in such Co-Authored Adult Content as a Creator, Member or User. SLUSHY requires that all Co-Authors undergo the following verification steps:

  1. Identified Creator Accounts:  If the person or people identified in your Co-Authored Adult Content are previously verified Creators in accordance with the Compliance Levels & Permissions Chart ("Identified Creators"), they will receive a notification from us via email or text message informing them that they have been identified as a Co-Creator in a post of Adult Content by another Creator and prompting them to sign a Co-Creator Agreement. The Co-Authored Adult Content will be Published to the Platform in accordance with the approval settings previously set by the Identified Creator.
  2. Identified Member Accounts: **If the person or people identified in your Co-Authored Adult Content have a Member Account, but have not yet created and/or upgraded to a Creator Account ("Identified Members"), they will receive a text message or email from us to the phone number or email address on file with their Member Account prompting them to do the following (collectively, the "Identified Member Verification Process"):
    1. review and accept these Creator Terms;
    2. become verified as a Creator (as defined in the Compliance Levels & Permissions Chart) in accordance with the Compliance Criteria set forth in the Compliance Levels & Permissions Chart; and
    3. review and accept the terms of a Co-Creator Agreement.
  3. Identified Users: **If the person or people identified in your Co-Authored Adult Content have not yet registered for a Member Account ("Identified Users"), they will receive a text message or email from us at the phone number or email addresses provided by you prompting them to do the following (collectively, the "Identified User Verification Process" and together with the Identified Member Verification Process, the "Co-Creator Verification Process"):
    1. complete all steps required to become a Creator (as defined in the Compliance Levels & Permissions Chart) in accordance with the Compliance Criteria set forth in the Compliance Levels & Permissions Chart, other than agreeing to the Terms of Use for all Users, Terms of Use for Members and Terms of Use for Creators; and
    2. review and accept the terms of a Co-Creator Agreement
  4. identified Members and Identified Users will have seven (7) days from the date that they are identified in Co-Authored Adult Content to complete the applicable Co-Creator Verification Process. In the event that any Identified Member or Identified User does not complete one or more steps of the applicable Co-Creator Verification Process within seven (7) days of being identified, the Co-Authored Adult Content containing such Identified Member or Identified User will not be Published to the Platform.

6.5. Co-Creator Agreements All Co-Creators will be required to sign a Co-Creator Agreement, pursuant to which the Co-Creator will approve the Co-Authored Content or a specific instance of Co-Authored Content Published by you. Co-Creator Agreements must be signed by all Co-Creators featured in Adult Content or Non-Adult Content Published by you each time they are identified in such Co-Authored Content, regardless of whether you previously entered into a Co-Creator Agreement with that Co-Creator.

6.6 General Terms Applicable to All Co-Authored Content.

6.6.1. If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Co-Authored Content which are sufficient to permit such Co-Authored Content to be Published on the Platform.

6.6.2. You agree that we will only pay out Creator Earnings to the Creator Account to which the Co-Authored Content is Published. The Creator who Published the Co-Authored Content is solely responsible for dividing and distributing any Creator Earnings generated from the Co-Authored Content between the Co-Creators. Any such revenue-sharing agreement shall be an independent, private agreement between you and the Co-Creators, and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to Creator Earnings earned on any Co-Authored Content in which you appear, but which is Published via someone else’s Creator Account.

6.6.3. For all Co-Authored Content on your Creator Account (whether Co-Authored Adult Content or Co-Authored Non-Adult Content), we may require you to provide valid and complete legal information for all individuals which appear or are identified in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Creator, terminate your Creator Account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.

6.6.4. Even if you choose to utilize SLUSHY Compliance+, you further acknowledge that you are solely responsible for obtaining and keeping on record all supporting documentation that the other person or people in the Co-Authored Content are verified adults and all consents that you receive in accordance with Section 6.2. SLUSHY has no obligation to maintain supporting documentation and/or obtain consent from Co-Creators on your behalf, even if you utilize SLUSHY Compliance+ or Publish Adult Co-Authored Content.

6.6.5. You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Creator(s) who posted Co-Authored Content or appeared in the Co-Authored Content (as applicable).

7. SUBSCRIPTIONS; FEES; PRICING; PAYMENTS

7.1. Prices for Premium Activities.

7.1.1. Except if provided otherwise in the functionalities of the Platform, you have sole discretion on determining the price(s) to charge Members for your Premium Activities, all of which will be listed on the Platform in US Dollars or in the Member’s local currency. The minimum price for all Premium Activities, and all changes to the prices for your Locked Content, Live Content and Subscription Content must, however, comply with the Platform Rules, including SLUSHY’s Payment Policy and the pricing guidelines set forth on our Help Center page.

7.1.2. You are permitted to remove any Content you own and/or block any Member from accessing your Premium Activities, at any time, at your sole discretion. Members that you block from your Premium Activities will only be able to access and view free, public Content on your profile. Should you choose to block a Member with a Subscription, you are responsible for refunding the Member before you block them. Should you choose not to refund the Member, such Member may contact SLUSHY to request a refund, initiating a review process by which we review the Member’s case and determine whether a refund is warranted. You acknowledge and agree that any such decision by SLUSHY is final.

7.1.3. All Subscriptions to your Subscription Content will automatically renew ("Auto-Renew") at the end of each Subscription period, except if the Member’s payment method was declined or that Member has disabled Auto-Renew to your Subscription Content prior to the end of their then-current Subscription period. You may change your Subscription price once every thirty (30) days. We will notify Members that subscribe to your account of any changes to your Subscription price within three (3) to seven (7) days prior to the start of that Member’s next Subscription period; provided, however, that the change in Subscription price will not become effective for thirty (30) days following the date on which you change your Subscription price, regardless of when the Member’s next Subscription period begins.  Unless the Member disables the Auto-Renew of his or her Subscription following the receipt of notice of the change in Subscription price, such change will automatically become effective on the first day of the Member’s next Subscription period.

7.1.4. When a Member has made the Member Payment(s) required for your Premium Activities, you must allow that Member to view the Locked Content, Live Content and/or Subscription Content, and/or permit that Member to engage with you via Direct Messaging (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). You agree and acknowledge that SLUSHY is not responsible for any content communicated between you and the Member.

7.2. Calculation of Creator Earnings. Each Member Payment earned by you will first be reduced by any chargebacks (including amounts paid as a result of credit card abuse or fraud, or paid to such Creator by us to settle a claim involving the allegation of credit card or other abuse or fraud), uncollectible revenue attributable to you as the Creator, or third-party transaction fees (collectively, the "Vendor Fees"). The remaining amount of the Member Payment less any and all Vendor Fees, or the Adjusted Net Receipts, will then be split between SLUSHY and Creator as follows: SLUSHY will retain fifty percent (50%) of all Adjusted Net Receipts, exclusive of any Withheld Taxes, as the SLUSHY Platform Fee, and the remaining seventy five percent (50%) of all Adjusted Net Receipts, exclusive of any Withheld Taxes, will be payable to you as your Creator Earnings. To learn more about the specific Vendor Fees, please review our Help Center.

7.3. Payout Options. SLUSHY offers Creators a variety of payout options for us to transfer your Creator Earnings to you. A complete list of available options, schedules, and fees, can be found in our Help Center. You acknowledge that we reserve the right, at any time and with or without notice to you, to change the payout processor that enables you to receive payments as a Creator.

7.4. Creator Payment Information. It is your responsibility to ensure that all of your payment information is complete and accurate to avoid any delays in the payment processing and to inform us of any issues that may arise with payments. You are responsible for keeping all of your information up to date.

7.5. Taxes. It is Creator’s sole responsibility to remit any and all applicable sales Taxes to the applicable Tax authorities and to comply with all applicable Tax laws, including, but not limited to, those related to Tax ID theft and the issuing of valid Tax invoices. Notwithstanding the foregoing, where legally required, SLUSHY may withhold the sale Taxes and remit them directly to the concerned Tax authorities. In such cases, no sale Taxes will be paid to the Creator. Notwithstanding anything to the contrary in these Terms, Creator hereby undertakes to hold harmless and to indemnify SLUSHY, its affiliates, and its agents from any claims made against them by third parties, including Tax authorities, in regard of any sale Taxes, or any withholding thereof, with respect to Creator’s Content purchased by or licensed to Users. Notwithstanding anything to the contrary in these Terms, you agree and understand that you are solely responsible for the payment of all government, state, and local Taxes, levies, or any other similar fees

7.6. Currency. All amounts referred to herein and all monetary transactions on the Platform are in US Dollars (USD). When available, and at SLUSHY’s sole discretion, payments may be made in the currency chosen by the Creator, or the currency of Creator’s place of residence, in which case any currency conversions will be based on the then prevailing exchange rate.

7.7. Adjustments and refunds. Save as required under applicable law, SLUSHY does not issue credits, refunds, or cashback on Content purchased by Members. Please refer to our Payment Policy and Cancellations, Refunds and Disputes Policy for additional information, including information about when Members may cancel their purchase of Premium Activities and receive a refund. Notwithstanding the foregoing, SLUSHY may adjust or deduct from the amount to be remitted, or already remitted for payment, to Creator at any time, without notice, in accordance with these Creator Terms, our Payment Policy and the Cancellations, Refunds and Disputes Policy. In the case where the payment has already been issued to Creator, SLUSHY will deduct such adjustment from the following amount to be remitted to Creator. Adjustments may be made for reasons including, but not limited to, customer credits, cancellations of purchases, refunds, fraud, corrupted Content, grossly misleading or mislabeled Content, or technical errors.

7.8. Withholdings.

7.8.1 We may withhold all or any part of the Creator Earnings due to you but not yet paid out:

  1. if we think that you have or may have seriously or repeatedly breached any part of the TOS;
  2. if you attempt or threaten to breach any part of the TOS 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); or
  3. if we suspect that all or any part of the Creator Earnings due to you result from unlawful activity, either by you or by the Member who made the payment to you. We may withhold all or any part of the Creator Earnings due to you but not yet paid out for as long as is necessary to investigate the actual, threatened or suspected breach(es) 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 TOS; (ii) you have attempted or threatened to breach any part of the TOS 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) all or any part of Creator Earnings due to you result from unlawful activity, we may notify you that you have forfeited all or any part of your Creator Earnings.

7.8.2. We shall not have any responsibility to you if we withhold or forfeit any Creator Earnings due to you where we have a right to do so under these Creator Terms or any other of the TOS

7.8.3. If we are withholding all or any part of the Creator Earnings due to you and we determine that part of the Creator Earnings withheld by us is unrelated to breaches by you of the Platform Rules or suspected unlawful activity, then we may pay to you the part of the Creator Earnings which is unrelated to breaches by you of the TOS or suspected unlawful activity. However, you agree that if we consider that your breach(es) of the TOS has or may cause us loss, we may withhold all Creator Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.

7.9. Account Inactivity. If Creator’s account is inactive without valid payout information (no log in for twelve (12) consecutive months and no valid payout information), SLUSHY reserves the right to withhold any and all Creator’s earnings. For a resolution, Creator must contact SLUSHY at support@slushy.com to reconfirm identity and/or valid payout method.

7.10. Payout – Closing of Your Account. If you decide to close your account, which you may do at any time, SLUSHY will remit to you the balance of the amounts owed by SLUSHY to you and the amounts owed by you to SLUSHY (the "Closing Balance"), less any chargebacks (including amounts paid as a result of credit card abuse or fraud, or paid to you by us to settle a claim involving the allegation of credit card or other abuse or fraud), any uncollectible revenue attributable to you, any refunds due to Members or any other third-party transaction fees in the applicable jurisdiction upon the termination of your account. Unless prohibited by applicable law, Creator will be deemed to have expressly and irrevocably waived and renounced its Closing Balance three (3) years after the deactivation date of their Creator Account.

8. PARTICIPATION IN PROMOTIONAL CAMPAIGNS

8.1. We may, from time to time and at our discretion, offer Members time-limited discounts on, or free access to, certain Premium Activities ("Promotional Campaigns"). We will provide you with reasonable advance notice of any proposed Promotional Campaigns. Such notice shall set out the material terms of the proposed Promotional Campaign ("Campaign Terms"), including: (i) the types of Premium Activities subject to a discount or free access; (ii) the level of discount (where applicable); (iii) the start date and duration of the Promotional Campaign; (iv) any eligibility criteria for the Promotional Campaign.

8.2. We will, at the same time as providing the proposed Campaign Terms to you, notify you of any additional terms governing your participation in the Promotional Campaign, including: (i) any date (the "Campaign Submission Date") by which you must notify us if you wish to participate in, and make your applicable Premium Activities available as part of, the Promotional Campaign; (ii) how you can notify us that you wish to participate in a Promotional Campaign; and (iii) how the Premium Activities subject to the Promotional Campaign will be promoted on the Platform, including the selection and ordering of such Premium Activities on the Platform (the "Promotion Strategy").

8.3. You must notify us, by the Campaign Submission Date (where applicable), if you wish to participate in the proposed Promotional Campaign on the Campaign Terms, and identify the Subscription Content, Locked Content, Live Content or other Premium Activities that you will make available to Members as part of the Promotional Campaign (your "Promotional Content").

8.4. if you agree to participate in a Promotional Campaign, we will make your Promotional Content available to Members in accordance with the Campaign Terms and the Promotion Strategy.

9. DISCLAIMERS AND INDEMNIFICATION FOR CREATORS.:

9.1. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE. USER HEREBY AGREES TO ASSUME SOLE RESPONSIBILITY FOR ALL RISKS, CONSEQUENCES, AND DAMAGES OF ANY KIND RESULTING FROM USER’S USE OF THE PLATFORM.

9.2. SLUSHY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SLUSHY SHALL NOT BE RESPONSIBLE FOR ANY FAILURE TO PERFORM DUE TO UNFORESEEN CIRCUMSTANCES OR TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, FAILURE OF THE TELECOMMUNICATIONS OR INFORMATION SERVICES INFRASTRUCTURE, HACKING, SPAM, ANY FAILURE OF A DEVICE (INCLUDING, BUT NOT LIMITED TO, COMPUTERS, TABLETS OR SMART PHONES), SERVER, OR SOFTWARE (INCLUDING OPERATING SYSTEM), SERVER CHANGES OR UPGRADES, OR CHANGE OF SERVICE PROVIDERS, FOR SO LONG AS SUCH EVENT CONTINUES TO DELAY THE PLATFORM’S PERFORMANCE.

9.3. TO THE FULLEST EXTENT PERMITTED BY LAW, SLUSHY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, THE LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE PLATFORM ITSELF, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SLUSHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY AND ALL LOSSES RESULTING FROM ANY SUCH FAILURE WILL NOT BE COMPENSATED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SLUSHY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR PLATFORM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF

9.4. CREATOR HEREBY AGREES TO ASSUME SOLE RESPONSIBILITY FOR ALL RISKS, CONSEQUENCES, AND DAMAGES OF ANY KIND RESULTING FROM CREATOR’S USE OF THE PLATFORM; INCLUDING, BUT NOT LIMITED TO, RISKS ASSOCIATED WITH THE PUBLICITY OF APPEARING ON THE PLATFORM, SUCH AS THE RISK OF RECORDING, PIRACY, SEXUAL HARASSMENT, DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY RIGHTS, INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER UNAUTHORIZED DISSEMINATION, OR PUBLICITY OF THE CONTENT, THE PUBLICITY OF THE IDENTITY OF CREATORS, PERFORMERS, OR MODELS APPEARING IN CONTENT, AND ANY RISKS ARISING FROM CONVERSATIONS AND/OR DIRECT MESSAGES BETWEEN CREATORS AND/OR USERS. SLUSHY PLEDGES TO DO ALL WITHIN ITS REASONABLE AND LAWFUL MEANS TO REMOVE SUCH MATERIAL UPON THE WRITTEN REQUEST OF CREATOR.

9.5. SECTIONS 9.1 TO 9.4 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND ARE, WHERE APPLICABLE, SUBJECT TO PARAGRAPH 10.5 OF PART 2 OF THE TERMS OF USE FOR ALL USERS (TERMS OF USE FOR USERS FROM OUTSIDE THE US AND CANADA).

9.6. indemnification. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless SLUSHY and the Platform, the operator, its parent, subsidiary, and affiliated corporations, their officers, directors, shareholders, employees, and agents, server maintenance, independent contractors, telecommunication providers, agents, and contributors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including, but not limited to, attorneys’ fees) arising from: (i) any claim that all or any part of your Content infringes any third party rights (including any intellectual property, property, or privacy right) or otherwise caused damage to a third party; (ii) your violation or breach of any part of these Creator Terms; (iii) your violation of applicable law, rule or regulation while using the Platform; (iv) your wilful misconduct; or (v) any of the foregoing by any other person that accesses the Platform using your Creator Account. This defense and indemnification obligation will survive these Creator Terms and your use of the Platform. You agree to indemnify and hold SLUSHY harmless from any liability that may arise from someone viewing your Content. We will promptly notify you of any such claim or suit, as the case may be, and we may decide, at our sole discretion, to cooperate (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at our own expense and choose our own legal counsel but are not obligated to do so. You understand and accept that no communication between you and other Creators or Users of the Platform is private including, but not limited to, Direct Messages. You hereby specifically release us and all other Creators or Users of the Platform from any liability for invasion of privacy, defamation, publicity, false light, and related torts, in the event that your communications or profile are made public. Nothing contained in this Section 7.5 is intended to limit the scope of releases and/or indemnification contained elsewhere in the TOS.

10. CREATORS’ REPRESENTATIONS AND WARRANTIES.

In addition to those representations and warranties contained in the Terms of Use for Members and the Terms of Use for All Users, as a material inducement for SLUSHY to enter into these Creator Terms, Creator represents and warrants that:

  1. Creator is currently residing in a Supported Country.

10.2 The Creator creates and Publishes Content to the Platform in connection with the Creator's trade, business, craft or profession.

10.3. Creator owns all rights, title, and interest in the Content sufficient to lawfully and fully Publish, license or sell the Content through the Platform. Such Content shall not infringe, violate, or misappropriate any third party's rights of any kind, including, without limitation any contract, copyright, trademark, right of publicity, right of privacy, any rights in name, likeness, voice, or persona, or any similar rights.

10.4. Creator has, and at all times during the term of these Creator Terms shall continue to have, the full right of authority to Publish, license, and sell Creator’s Content as set forth in these Creator Terms and to perform all other obligations, warranties, and indemnifications set forth in these Creator Terms.

10.5. To the extent required under applicable law, the Subscription Content, Locked Content and Live Content that the Creator Publishes to the Platform complies with any warranties implied under applicable law, including (without limitation) as follows: the Content is of a satisfactory quality and standard, conforms in all material respects with any descriptions or free Content that the Creator has Published to the Platform, and does not contain any malicious or other code that may cause damage to a Member's device.

10.6. Creator is also solely responsible for Creator’s submission, uploading and/or Publication of Content.

10.7. All Content is made of lawful material, that the persons depicted in each and all Content, including all Co-Authored Content, are adults (over the age of 18 years and the age of legal consent in the Creator’s jurisdiction) at the time such persons first participated in the creation of the subject piece of Content or Co-Authored Content in which they are depicted, that such persons depicted in the Content or Co-Authored reside in a Supported Country, and that such persons validly and legally consented to appear in the Content or Co-Authored Content.

10.8. All persons whose image or voice appears in your Published Content or Co-Authored Content are duly registered with SLUSHY and have had their identity verified by SLUSHY, and that Creator has acquired and provided all necessary written consent, license, release, permission and authorization, including to allow Users to download such Content or Co-Authored Content, and moral rights waiver to SLUSHY of all such persons participating or depicted in the Content or Co-Authored Content.

10.9. Creator is solely responsible to obtain and maintain all applicable consents, licenses, and permits required to Publish, license, and sell Content through the Platform. Without limiting the foregoing, you agree not to Publish or Upload Content from public places or other places from which you are forbidden to Publish or Upload Content pursuant to your local laws and community standards.

10.10. In the event that Creator has access to or is provided with personally identifiable information, personal data or sensitive information about a Member, Creator shall not display, disseminate, distribute, or otherwise use such information, unless expressly permitted in these Creator Terms or the Privacy Notice.

10.11. The following acts, actual and/or simulated, are prohibited under these Creator Terms, are forbidden in connection with the Publication of Content by Creator, and shall not be present in any of the Content Published by Creator at any time: (i) any portrayal of an individual that suggests or implies that such individual is under 18 years of age; (ii) any presentation or representation of minors engaged in intimate physical conduct or sexual situations, including, without limitation, lewd nude depictions, masturbation, or sexual conduct, actual or depicted; (iii) actual or simulated presentation or representation of any kind in violation of these Creator Terms, including any Content violating the TOS, such as, but not limited to, illegal or unsafe activities; or (iv) any Content or products displaying any third party trademark or copyright or embodying any third party trade dress or any matter that is disparaging, demeaning, or otherwise damaging to any product, person, or entity or any rights pertaining thereto.

10.12. All Content is fully compliant with all requirements set forth in the 2257 Regulations (or to any similar applicable legislation) including, but not limited to:

10.12.1 .where the Creator is a U.S. citizen or a resident of the U.S., that Creator possesses and maintains age verification documentation required under the 2257 Regulations and that Creator complies with all applicable local, state or federal record keeping requirements, including, implementing and maintaining a Records Custodian as defined in the 2257 Regulations; or

10.12.2 where the Creator is not a US. citizen or resident, the Creator has taken reasonable steps to confirm that any individuals featured in any Adult Content that they Publish to the Platform were not, at the time the Adult Content was created, under eighteen (18) years of age or, if higher, the age at which an individual can legally appear in Adult Content in accordance with the law of the jurisdiction where you are resident.

10.13. Creator, for as long as such Creator has an open account with SLUSHY and for a three (3) month period after closing such account, shall not divert, or attempt to divert, any business of, or any other Creators or Users of SLUSHY, to any competitor website, by direct or indirect inducement or otherwise.

10.14. Creator shall not directly, indirectly or otherwise promote or mention, on the Platform or in Creator’s Content, any brand that is not owned or controlled by such Creator, excluding such Creator’s personal brand(s). For clarity, Creator may promote or mention owned or controlled branding through watermarks.

10.15. Creator shall not misrepresent any of the services provided by SLUSHY through the Platform nor make any false or misleading statement to anyone about the service offered by SLUSHY through the Platform or pursuant to these Creator Terms.

10.16. That Creator is solely responsible for complying with closed-captioning requirements as established by the Americans with Disabilities Act (ADA) or any other applicable law. Creator acknowledges that, if Creator chooses to Publish Content without closed-captioning, they alone will be liable in case of legal action by a User or any other third party.

11.1 Inbound External Links. Subject to these Creator Terms, Creators may provide external hyperlinks inbound to the Platform to promote their Content, including without limitation, ads or promotions, to other sites or platforms operated by third parties, provided that these sites or platforms have terms of services that are generally similar to the present Terms and do not promote, advertise, or facilitate prostitution, illegal adult content, child exploitation and/nonconsensual activities in any manner.

11.2. Outbound External Links. Subject to these Creator Terms, Creators shall not provide or mention external hyperlinks outbound from the Platform in their Content, profile, or otherwise to the Platform, including but not limited to any comments or messages, social posts, or Content titles or descriptions, unless expressly permitted. For clarity, Creators may provide or mention hyperlinks on the Platform or external hyperlinks to the following permitted social media platforms: Twitter, Instagram, TikTok, Snapchat, YouTube, Twitch, and/or your personal website.

SLUSHY RESERVES THE RIGHT TO IMMEDIATELY TERMINATE YOUR ACCOUNT SHOULD SLUSHY SUSPECT NON-COMPLIANCE WITH THE FOREGOING. SLUSHY HAS NO CONTROL OVER EXTERNAL WEBSITES AND IS NOT RESPONSIBLE FOR THEIR CONTENT, PRIVACY POLICIES, OR FOR THE COLLECTION, USE, OR DISCLOSURE OF ANY INFORMATION THAT THOSE SITES MAY COLLECT.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 These Creator Terms form part of the TOS, and shall be governed by and construed in accordance with:

12.1.1 if you are in the USA or Canada, the internal substantive laws of the State of Florida, without respect to its conflict of laws principles; and

12.1.2. if you are outside the USA or Canada, English law,

in each case as set out in the Terms of Use for all Users.

12.2 Any disputes arising from or related to these Creator Terms shall be resolved as set out in the Terms of Use for all Users. If you are in the USA or Canada, this means that the Arbitration Agreement shall apply to and govern any dispute between you and SLUSHY, other than any actions for which SLUSHY retains the right to seek injunctive or other equitable relief; as set out in the Terms of Use for all Users. If you are outside of the USA or Canada, the English courts shall have non-exclusive jurisdiction over any dispute arising from or related to these Creator Terms.