Contributor Terms of Use
Each person using the application is obliged to read these general terms of use and to strictly observe them.
General conditions
These Terms of Use for Creators supplement the General Terms of Use and constitute the terms of the contract concluded between the Service Provider and the Creator using the Application.
By using the Application, the Creator confirms having read the General Terms of Use and the Terms of Use for Authors and accepts provisions thereof.
The wording used in the Terms of Use for Contributors has the meaning as defined in the General Terms of Use.
Registration of the Creator account in the Application
In order to activate the account, the Creator shall gain access to the Application in accordance with the rules set out in the General Terms of Use.
After installing the Application on the mobile device, the Creator shall log into the Application and register as an Creator.
The Creator's registration shall be completed after verification of the Creator's identity. In order to verify its identity, the Creator shall use the Application to take photos:
a) of its ID document
b) its face,
c) together with an identity document held in hand in a visible manner.
For positive verification, the photos must be clear, allowing for the age of the Creator to be determined. Blurred photos, not allowing the data to be read from the ID document, as well as those with traces of retouching, other modifications or tampering shall not be approved.
After taking the photos, the Creator shall enter its personal data in the Application.
The Creator's account shall be activated after the photos and personal data entered by the Creator have been verified.
The Service Provider reserves the right to refuse to activate the account in the event of a negative verification of the Creator, in particular when:
a) the photos taken by the Creator do not meet the requirements set out in these terms of use,
b) there is a discrepancy between the Creator's data visible on the identity document and the data entered in the Application,
c) there is another active account of the Creator registered with the use of identical data,
d) The Creator re-registers after the Service Provider deletes his account in connection with the violation of the General Terms of Use or the Terms of Use for the Creator.
Publication of Content
The content published by the Creator in the Application shall comply with the requirements set out in the General Terms of Use, as well as the following additional requirements.
The content should be prepared in accordance with the specification available at https://discplay.me/ and in accordance with the following technical requirements:
1. in HD or Full HD resolution;
The content published by the Creator in the Application shall comply with the requirements set out in the General Terms of Use, as well as the following additional requirements.
The content should be prepared in accordance with the specification available at https://discplay.me/ and in accordance with the following technical requirements:
1. in HD or Full HD resolution;
2. file size not larger than 500MB;
3. MP4 file format
The content published by the Creator may not:
1. present an image of a person under the age of 18, and in the event that the jurisdiction of the country to which the Creator is subject provides for the requirement to obtain an age greater than 18 to record his image in content intended for adults, it may not present the image of a person who has not reached that age;
2. portray people who are under the influence of drugs or alcohol;
3. portray suicide or self-harming behavior or activities that mimic such behavior;
4. depict activities of the nature of incest, zoophilia, necrophilia, pedophilia or other activities of the nature of sexual dysfunction or illegal content;
5. depict acts of violence, rape, torture, sexual assault, mutilation or other behavior that violates individual physical integrity or is undertaken without the informed and voluntary consent of the person;
6. show activities related to urine, scatology or excrement;
7. present a person other than the Creator if the Creator does not have the express and written consent of that person to use his or her image and publish such Content in the Application.
By publishing the Content, the Creator declares that:
1. The Content does not infringe the law of the country in which it was created or from which it was uploaded to the Application;
2. is aware that the Content is not confidential and is available to any Fan who has paid for access to it;
3. has copyrights, licenses, other rights or authorizations to publish the Content, and at any time, upon request, will document said Creator's rights, in particular licenses or consents;
4. is solely responsible for obtaining any required licenses or approvals from others, including the co-authors of the Content;
5. assumes all claims of third parties related to the publication of the Content;
6. accepts all settlements with the co-author of the Content and releases the Service Provider from liability towards the co-author of the Content.
The content published by the Creator is subject to the Service Provider's approval. The Service Provider reserves the right to block the Content and remove it if it violates the terms of the contract.
The creator, when publishing the content, determines the number of Tokens allowing the Fan to lease access to the Content for 30 minutes.
License for the Service Provider
By publishing the Content in the Application, the Creator thereby grants the Service Provider a free, non-exclusive, territorially unlimited license to use the Content in the scope of making it available as part of the Application by recording, reproducing and disseminating (including public performance, exhibition, display, reproduction, broadcasting and broadcasting) in a way to display Content on mobile devices using the Internet at any place and time, regardless of the number and form of access.
The Creator grants a license only as part of the services provided in the Application and for the purpose of providing them by the Service Provider, i.e. in order to allow the Fans to lease access to the Content.
The license is granted only until the Content is removed from the Application.
Transactions with Fans
If a Fan leases access to Content published by the Creator, only the Fan and the Creator remain parties to the contract concluded in this regard.
The Service Provider reserves that it is not a party to such an agreement in any case whatsoever. The Service Provider only provides technical facilities and the availability of external payment systems that enable transactions between the Fan and the Creator.
Thus, the Creator bears all liability and responsibility for the implementation of such a contract, including responsibility for Fan claims.
Financial Settlements with the Creator
The Tokens used by Fans to lease access to the Content in accordance with the price list prepared by the Creator shall be transferred in full to the Creator publishing Content.
For settlement purposes, 10 Tokens are equivalent to USD 0.51.
The transfer of the Tokens takes place by collecting them in a virtual wallet on the Creator's account. The Creator may at any time check the current status of Tokens and their equivalent in USD in accordance with the above conversion rate after logging in to the Application.
The creator can order the withdrawal of the accumulated funds at any time, with the minimum withdrawal amount being USD 100.00.
The payment to the Creator shall be made to the account indicated thereby via the Paxum, ePayService or WebMoney systems pursuant to selection of such by the Creator.
Withdrawals shall be made in USD only.
The Service Provider reserves the right to withhold payment of funds in whole or in a specific part when:
1. The creator has seriously or repeatedly breached any part of the contract;
2. there is a reasonable suspicion that any part of the Creator's earnings results from unlawful or fraudulent activities performed thereby;
3. the funds intended for the purchase of Tokens by the Fan, spent on leasing access to Content were obtained by crime or fraud, and the Service Provider was obliged to return or block them;
4. The Fan shall file a due complaint regarding the Content, which will justify a refund for his benefit.
In the event that the above circumstances are disclosed after the payment to the Creator has been made, the Service Provider is entitled to deduct the amounts due from the Creator's future earnings or claim a refund directly from the Creator outside the Application using the available legal instruments.
The Creator shall observe and independently implement the tax laws and obligations that apply thereto in the relevant legal jurisdiction. Thus, the Creator shall be responsible for the settlement of all tax liabilities.
The Service Provider reserves the right to terminate the contract with the Creator in the event of receiving reliable official information about the breach by the Creator of applicable tax laws.
Affiliate program
The Creator may use the affiliate program available in the Application at any time.
Each Creator has a unique referral link available after logging in to their account. The creator can share this link with another person, ie the "Referred".
After receiving the link, the Referred must click on it, then download, install the Application and register as a Creator.
The use of the referral link is not possible by a Referred who has previously registered in the Application.
The Creator sharing the link shall receive a commission of 5% of the number of Tokens received by the Referred from his Fans for leasing access to the Content. Tokens obtained from the commission shall be added to the Creator's virtual wallet and be payable upon the same terms as specified in the "Settlements with the Creator" section.
The Service Provider stipulates that the commission shall be charged only from the Referred's remuneration, which is not subject to withholding for payment on the terms set out in these Terms of Use for the Creator.
Changes to the terms and conditions of use
The Service Provider reserves the right to amend the Creator's Terms of Use at any time. The Service Provider shall notify of any change via the Application or electronically at least 14 calendar days before the changes come into force.
Any Creator who does not accept the changes to the Terms of Use shall uninstall the Application from their mobile device.
Use of the Application after the entry into force of the changes to the Terms of Use is tantamount to acceptance thereof and the validity of the contract pursuant to the new terms.