Terms of Service and Agreement for Creator
FLYXS LTD referred to here on out as “Company”, owns and operates flyxs.com, an adult social media website that allows creators (“Creators”) to upload posts, photos and videos to their profile and set prices for users (“Users”) to access that content.
Please read the terms of service stated in this agreement (“Terms”) carefully and sign at the end of this document and Date it once you have read and understood all these terms. This is a legal contract which governs your use of flyxs.com, including any content, functionality, and services offered on or through flyxs.com. By registering with and using flyxs.com, you hereby accept and agree to be bound by and abide by these Terms. If you do not want to agree to these Terms or you do not meet or comply with its provisions, you must not access or use flyxs.com.
1) General Provisions
a) No Minors: flyxs.com contains adult oriented content and is not intended for minors. As such, only adults who are at least eighteen (18) years old and who have reached the age of majority where they reside may register as a Creator or access flyxs.com . If you do not meet these age requirements, you must not access flyxs.com and neither should you register as a creator (or even as a user) and must leave now. The Company forbids all persons who do not meet these age requirements from accessing flyxs.com.
b) No Child Sexual Abuse Material: The Company prohibits pornographic content involving minors known as child sexual abuse material (CSAM). And such you are prohibited from posting content on flyxs.com that may be of such nature. The Company only allows visual media of consenting adults for consenting adults on flyxs.com. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within flyxs.com, please promptly report this to the Company at amministrazione@flyxs.com. Please include with your report all appropriate evidence, including the date and time of identification. The Company will promptly investigate all reports and take appropriate action. The Company fully cooperates with any law-enforcement agency investigating CSAM.
c) Section 230(d) Notice: In accordance with 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which the Company provides for informational purposes only and does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
d) No Prostitution or Sex Trafficking: The solicitation, promotion, and facilitation of prostitution and sex trafficking are strictly prohibited. If you engage in such activity, whether on flyxs.com or by posting links to external websites that promote or facilitate prostitution or sex trafficking, we may delete your account without paying out any funds in your account at the time of the offense or deletion.
e) Content: You understand that we do not own the media uploaded by Creators on flyxs.com (“User Content”) and the views expressed by the creators on flyxs.com do not represent the views of flyxs.com. All Content transactions and interactions on flyxs.com are between Users and at no point does flyxs.com become a party to any transaction or interaction between Users. User Content is provided on the platform AS IS.
f) Rights Reserved by the Company: We reserve the right at any time and without notice to:
■ modify, suspend, or terminate flyxs.com or any portion thereof;
■ restrict, limit, suspend, or terminate your access to flyxs.com or any portion thereof;
■ verify the information which you provide to us;
■ verify compliance with these Terms and/or any applicable law;
■ temporarily suspend or permanently terminate your account for failure to comply with these Terms and/or any applicable law;
■ delete any content you post on flyxs.com if in our reasonable opinion it does not comply with these Terms and/or applicable law;
■ monitor your use of flyxs.com (including any content or message you post or broadcast on flyxs.com);
■ investigate any suspected or alleged misuse or unlawful use of flyxs.com and cooperate with law enforcement in such investigation;
■ disclose information about your use of flyxs.com in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful subpoena or court order; and/or
■ change the payment or payout processor that enables you to make or receive payments as a User.
■ License to Access and Use flyxs.com: Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited license to use our Website for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of flyxs.com other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us. We do not warrant that flyxs.com is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not flyxs.com is compatible with your device. From time to time we may make updates to flyxs.com and will make such updates available through flyxs.com.
2) Accounts
a) Creators: To register and create an account on flyxs.com as a Creator, you must complete the Creator registration process and be approved by the Company in our sole and absolute discretion. If you desire to sell content on flyxs.com, you will also need to add a bank account (checking or savings) or other approved payment method. We may require additional documents from you for approving or authenticating your payment accounts, and this requirement may vary for different countries. Your earnings will be paid into your designated payment method via one of our payout processors or via direct bank wire.
b) Certifications: By registering on flyxs.com, you represent and warrant that:
■ all account registration, profile information and content you provide is your own information and the content is complete, truthful, and accurate;
■ you are fully responsible for any and all activities that occur on your account, and that you will log out of your account at the end of each session;
■ you will use particular caution when accessing your account from a public or shared computer so that others are not able to access, view, or record your password or other personal information;
■ you are responsible for keeping your login details confidential and secure, and you will immediately notify us at amministrazione@flyxs.com if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security;
■ if you previously had an account with flyxs.com, your previous account was not suspended or terminated by flyxs.com for violation of these Terms;
■ you will not use any unauthorized third-party payment processors to accept payments for subscriptions, or any other service, via flyxs.com;
■ you register on flyxs.com for your own personal use and you will not sell, rent, or transfer your account to any third party; and
■ If you are using flyxs.com on behalf of a business or other entity, you warrant that you are authorized to grant all the licenses stipulated in these Terms and that you are authorized to bind the business or other entity to these Terms.
c) Your Content: We may permit you to submit materials for publication on flyxs.com.
■ To comply with the regulations laid out by the payment processors, we require you to be fairly active in posting content on flyxs.com. The “content” in this context refers to the free-for-subscriber videos as well as the PPV videos that you post to your profile, and not your livestreams, private messages, or photos. Frequency of the uploads that is at least two or more videos per month may be considered as “Fairly active” in this regard. Failing this minimum upload criteria may result in withholding of payments until the same is met. If for any reason, you are unable to post content for a certain period of time, we request you to reach out to us using the Contact form. It would be at our sole discretion whether or not to entertain such requests and decide to not withhold payments for the said period of inactivity. If there has been no intimation from the Creator to the Webmaster in this regard and the minimum upload criteria is also not met, we may withhold payouts until the time the criteria is met again. Also, when you do become active again in posting content, whether or not the previously withheld payouts will be processed with the current ones will again be at our sole discretion.
■ You represent and warrant that you own, have a valid license to, or otherwise control all rights in your User Content. You retain all ownership rights in your User Content. However, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content for the Company’s business (and the business of our successors), for the purpose of operating flyxs.com and fulfilling the intent of these Terms.
■ You hereby consent to (i) being depicted in any User Content you post on flyxs.com, and (ii) allowing the Company to publicly distribute any User Content you post on flyxs.com.
■ You also grant each of our Users a worldwide, nonexclusive, royalty-free license to access such content with the facilitation of flyxs.com, subject to any limitations related to any purchases of or subscriptions to such content, and to use, reproduce, display, and perform your content but only to the extent necessary to comply with these Terms. You also agree to allow users to download your content at places where such an option is available.
■ We agree not to reproduce any of your content that is behind a paywall. Except for personally identifiable information covered under our Privacy Policy, User Content is not considered confidential, and may be displayed on flyxs.com in accordance with these Terms. We have no obligation regarding your User Content. However, we agree that any use or publication of your content will be consistent with these Terms. You warrant that you maintain written releases from any person depicted in your User Content confirming that such person consented to the recording and publication of such content on flyxs.com, and that your User Content does not violate any rights of any third parties. You will provide copies of any necessary releases, licenses, or ownership documents to us at our request. You are solely responsible for your User Content and the consequences of posting your User Content to flyxs.com.
d) Co-Authored Content: You understand and agree that you may share content that depicts other third parties (“Co-Authored Content”), provided:
■ you tag each depicted Creator in the Content or otherwise identify the third party and provide flyxs.com with requested documentation confirming age, identity, and consent to publication of the User Content on flyxs.com;
■ you have obtained and will maintain government-issued identification documentation confirming that each Creator depicted in your content is at least eighteen (18) years of age;
■ you have obtained and will maintain written documentation confirming that each Creator depicted in your User Content has consented to (i) being depicted in such content, and (ii) the content being publicly distributed on flyxs.com.
■ you will provide this written documentation of consent to us promptly upon request by us for such documentation;
■ you will not use, attempt to access, or ask for the information or login credentials for any other User’s account; and
■ you are principally responsible for your account and agree to safeguard your login credentials from any unauthorized use. You agree that we are not responsible for any misuse of your account if you share your credentials with a third party such as a manager or agency, and you release flyxs.com from any liability arising from such third party access. You understand and agree that if you provide your account credentials to a third party, that you will remain solely responsible to flyxs.com for any activity that occurs by or through your account.
■ You further understand and agree that we may refrain from publicly distributing any Co-Authored Content until all depicted Creators or third parties have confirmed their identity and consent to being depicted and distributed. You are solely responsible for segregating, dividing, and distributing any revenue generated from any Co-Authored Content. Any such revenue sharing arrangement shall be governed solely by an independent, private agreement between you and other third parties. We are not responsible for enforcing any such agreements. You agree to release us, and hold us harmless, from any and all claims arising from Co-Authored Content. You further agree that any claim arising from Co-Authored Content shall be asserted only against the parties participating or appearing therein, and not against us.
3) Payments
a) Selling Content: Creators earn a stipulated commission of the revenue generated on all subscriptions, sales, or tips related to their content and User profile. The commission for all Creators operating on the platform may be the same, or may vary from Creator to Creator depending on commissions agreed upon with the individual Creator.
Payouts: Your earnings from subscriptions purchased through CCBill will be made automatically to your account based on the payout schedule of CCBill. As for subscriptions made through the Verotel gateway or any other gateway that may be implemented that does not support split payment, and also for the earnings made from token-based transactions will be processed manually by us once we receive a payout request from you. A valid payout method must be added before payments will be issued. However, we may deduct from any monies earned on subscriptions, sales, or tips that resulted in a chargeback, or any monies earned on subscriptions, sales, or tips related to content that violates these Terms.
4) Acceptable Use
a) Prohibited Uses: You agree that you will only use flyxs.com for purposes expressly permitted and contemplated by these Terms. You may not use flyxs.com for any other purposes without our express prior written consent. Without our express prior written authorization, you will not:
■ use flyxs.com in any way that is violative of any applicable law, regulation, or treaty of any applicable governmental body, including but not limited to: (a) laws prohibiting sex trafficking and promotion or facilitation of prostitution; (b) intellectual property right laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property right, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, deleting intellectual property right indications and notices, or otherwise manipulating identifiers in order to disguise the origin of content you post, share, or upload; (c) laws against obscene, lewd, defamatory, or libelous speech; and (d) laws protecting confidentiality, privacy rights, publicity rights, or data protection.
■ fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.
■ access flyxs.com if you are, or are required to be, a registered sex offender in any jurisdiction.
■ post, upload, or share content that is harmful, inaccurate, threatening, abusive, vulgar, violent, indecent, harassing, menacing, scandalous, inflammatory, blasphemous, racially or ethnically offensive, likely to cause annoyance, intimidation, alarm, embarrassment, distress, discomfort, or inconvenience, otherwise objectionable, or any content that, in the Company’s sole discretion, is otherwise inappropriate.
■ post, upload, or share content that is considered harmful, threatening, abusive or offensive by the reasonable man/person to an objective standard. “Reasonable” in this context and “man” as a legal term considers the views and morality as set by the majority of Creators or users of all genders within the community and not the reasonable bystander in the street. Usual use may incorporate items and content of which some users may find offensive or objectionable, but that is not illegal in the jurisdiction of the Creator. Harmful content would be considered items that do not comply with residing law enforcement, cause undue distress to persons represented in the content or shared without their consent.
■ post, upload, or share any content containing hate speech, including (1) any content (including stereotypes and symbols) posted to flyxs.com with the intent to vilify, humiliate, dehumanize, or incite hatred or fear against a group or individual based upon race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity and expression, sexual orientation, age, disability, serious disease, or veteran status (“Protected Class(es)”), (2) statements of inferiority or calls for exclusion or segregation based on Protected Class, and (3) any deliberately false material that causes harm to a Protected Class; but excluding self-referential or empowering uses with no intent to vilify, humiliate, or incite hatred or fear against a group or individual based on these categories.
■ post, upload, or share content that depicts, advertises, promotes, encourages, facilitates, or solicits (real, simulated, or implied) (i) sexual activity involving minors; (ii) incest; (iii) bestiality; (iv) violence, kidnapping, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, weapons (unless obviously fake), asphyxiation, extreme fisting, or genital mutilation; (v) necrophilia; (vi) blood, scatological, vomit, or excrement-related content; (vii) age-play or suggestion of underage participants, (viii)illegal prostitution or human trafficking, whether explicitly or by use of any slang, acronyms, or abbreviations; (ix) “revenge porn” defined as any content containing any individual who has not consented to that content (a) being taken, captured, or otherwise memorialized, or (b) being posted, uploaded, or shared on flyxs.com; (x) illegal or illicit drugs; (xi) suicide or self-harm; (xii) any other illegal behavior or behavior that may be considered obscene under applicable law.
■ post, upload, or share content depicting any person under eighteen (18) years old.
■ post, upload, or share content depicting any person without inspecting and maintaining written documentation sufficient to confirm that all subjects of your submissions are in fact eighteen (18) years of age or older, including a written consent or release of each identifiable person in the submission to use their name or likeness and to enable inclusion and use of the submission in the manner contemplated by the Company.
■ post, upload, or share content with the intent to extort money or other benefit from a third party in exchange for removal of the content.
■ post, upload, or share any content that utilizes or promotes a sweepstake, lottery, or other regulated gaming or sales promotion tactic;
■ post, upload, or share any employment ads or content which violates anti-discrimination laws.
■ post, upload, share, or collect the telephone numbers, street addresses, last names, email addresses, URLs, geographic location, or any other personal information about users or third parties without their consent, or, except as expressly authorized in these Terms, use the materials on flyxs.com for any commercial use.
■ impersonate another individual or entity, whether actual or fictitious, without consent, falsely claim an affiliation with any individual or entity; access or attempt to access the accounts of others without permission; misrepresent the source, identity, or content of information transmitted on or through flyxs.com; or perform any other similar fraudulent activity.
■ send unsolicited sexual content to another User or otherwise engage in nonconsensual sexual objectification of another User.
■ use emojis, GIFs, or other media to communicate any activity that violates these Terms.
■ engage in antisocial, disruptive, or destructive behavior, including “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet, or engage in any other behavior that serves no purpose other than to harass, annoy, or offend Users.
■ engage in platform manipulation, including utilizing bots or other fraudulent means to artificially drive traffic to or inauthentically generate engagements with your account, or your content.
■ circumvent, disable, damage, intentionally misuse, or otherwise interfere with the operations of the Company, any User’s enjoyment of flyxs.com, or any security-related features that prevents, limits, or restricts the use or copying of any materials or that enforces limitations on the use of flyxs.com, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious codes, files, or programs designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.
■ reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, except and only if that activity is expressly permitted by applicable law despite this limitation.
■ access or use any automated process (such as a robot, spider, scraper, or similar) to access flyxs.com in violation of our robot exclusion headers or to scrap all or a substantial part of flyxs.com (other than in connection with bona fide search engine indexing or as the Company may otherwise expressly permit).
■ modify, adapt, translate, or create derivative works based on flyxs.com or any part thereof, except and only if applicable law expressly permits that activity despite this limitation.
■ commercially exploit or make available flyxs.com to third parties including any action or attempt to “frame” or “mirror” flyxs.com.
■ take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
■ attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.
b) Violations of Prohibited Uses: Engaging in any Prohibited Use will be considered a breach of these Terms and may result in immediate suspension or termination of your account without notice, in our sole discretion. We reserve the right, but do not undertake the obligation, to forfeit payment of any revenue earned in by Users that violate these Terms, and to refund some or all such revenue to other Users who are affected by such violation. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or any unauthorized use of flyxs.com, including civil, criminal, or injunctive relief, and cancellation of your account. Any unauthorized use of flyxs.com or our computer systems violates these Terms and certain international, foreign, and domestic laws.
c) Additional Prohibited Uses: Creators must act in the best interests of the Company at all times, whether on flyxs.com, on third-party websites, or offline. If you are a Creator and violate these additional Prohibited Uses for Creators or any other provision of these Terms, we may delete your account without payment and/or permanently ban you from flyxs.com. If you are a Creator, you will not, without our express prior written authorization:
■ deceive users regarding the nature of any paid content;
■ attempt to defraud the Company or our Users (e.g., working together with a member or “hacker” to accept payment with stolen credit cards).
■ attempt to fraudulently pass off recorded content as a live stream.
■ fail to honor any lawful representation made to Fans in furtherance of selling your content.
■ record or broadcast nudity or sexual activity from any public place where members of the public are reasonably likely to see your content.
■ release the personal information of any other User of flyxs.com or third party without that person’s consent.
■ solicit or accept payments for travel or in-person meetings for the purpose of engaging in sexual activity.
■ harass, disparage, defame, or otherwise interfere with the Company or our users, nor misrepresent or make any false or misleading statements about the Company.
d) Reporting Violative Content and Activities: If you are aware of any content on flyxs.com or any User engaging in activities that violate these Terms, please email us at amministrazione@flyxs.com with as much detail as possible, including a link or the location where we may find them, the username of the individual engaging in suspicious activities, the date and time of identification, the reason we should remove the objectionable content or investigate the activities, and a statement certifying the accuracy of the information you provided to us. We may consider you complicit in any violative activity to which you were knowledgeable of suspicious activity but failed to report it.
e) Law Enforcement: We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any User in breach of these Terms, in accordance with our privacy policies, subpoena compliance policies, and applicable law or regulation. If your activity results in the Company receiving a subpoena, discovery request, production order, or court order that causes the Company to incur expenses, court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs or legal fees upon our request.