Content Creator Agreement

C

Last updated November 12, 2021
Welcome to the You42 Content Creator Program!

1 / Accepting This Agreement

Your Content Creator Agreement consists of these terms, the Privacy Policy, the Community Guidelines, and the Content Creator Program Guide (collectively, the “Agreement”). This Agreement is a legally binding contract between you and You42, Inc. and its family of subsidiaries (collectively, “You42,” “we,” or “us”).

By posting your Contributions to the Services, you agree to this Agreement. If you do not agree with the terms of this Agreement, then do not post your Contributions on our Services.

This Agreement applies to our relationship with you as a content creator who shares Contributions with our community of end users via the Services. If you also use the Services to access content that is not yours*, then the You42 Terms of Service applies when you do so.

2 / Definitions

“Account” means your You42 account. This may be the same account used when you access the Services as an end user to unlock access to third party premium content.

“Channel” means a designated area running on the You42 Platform where content creators develop, maintain, and distribute their content. Once you join the Content Creator Program, you will be given your own designated Channel assigned to your Account where you will post your Contributions. You will also be able to create additional Channels under your Account. (Please see the Content Creator Program Guide for more information, including details regarding posting content to “Network Channels”.)

“Content Creator Program Guide” means the guide for the You42 Content Creator Program that contains operational details about participating in the Content Creator Program and frequently asked questions.

“Contribution” means your original content that you make available via the Services

“Premium Content” means your Contribution that you posted to the Service and for which you have designated you wish to be paid. See further details for designating Premium Content in the Content Creator Program Guide.

“Services” means the online services available on the You42 Platform.

“Territory” means worldwide except where prohibited by law.

“You42 Platform” means all of the platforms and services offered on the You42 online digital entertainment environment, including but not limited to You42 Sports, You42 Fashion, You42 Travel, You42 Fitness, You42 Health, You42 Video, You42 Music, You42 Gaming, You42 DIY, You42 Food, You42 Learning, You42 Comedy, You42 Art, You42 Family, You42 Beauty, You42 Dance, You42 Theater, You42 Lifestyle, You42 Charity and such other platforms and services as may be offered by You42 in the future.

“You42 Credits” is a marketing term used to denote the level of access a user has paid for in order to unlock Premium Content on the You42 Platform.

3 / Your Account

You will need to create an account with You42 to post Contributions to our Services. Your Account is non-transferable.

Here are a few rules about accounts with You42:

  • You must provide accurate information about yourself, including your profile contact information.
  • You must not use false information or impersonate another person or company through your Account;
  • You may create more than one account for yourself for use as a content creator, provided that you otherwise comply with this Agreement (note however that we prefer you use a single account and create multiple Channels under one account);
  • You must not buy, sell, rent, or lease access to your Account;
  • You must not log in or attempt to access the Services through unauthorized third-party applications or client software; and
  • You are responsible for your Account. You are solely responsible for any activity on your Account. If you are sharing an Account with other people, then the person whose billing information is on the Account will ultimately be responsible for all activity. If you are registering as a business entity, you personally guarantee that you have the authority to agree to this Agreement on behalf of the business.

4 / Payment Terms

(a) General
Note that as of the publication date of this Agreement, You42 is only able to pay out funds to bank accounts in the United States.
In order to be paid as a content creator under the Content Creator Program, you will need to link a United States bank account to your Account.

You42 pays a content creator license fee to all eligible content creators based upon the number of You42 Credits that were used to access their Premium Content within a given period of time.

You42 does not receive content creator funds. In the event You42 is deemed to be a recipient of any of your funds as a content creator, you agree that You42 would do so as your agent.

If your Account is in good standing and you, as a content creator, have remained in compliance with this Agreement and You42’s policies for the entirety of the period for which payment is made and through to the date that the payment is issued, you will receive a payment for the amount earned on the Services.

You42 transfers payment to content creators 15 days after the end of the calendar month following any calendar month in which the balance reflected equals or exceeds the applicable payment thresholds established by You42. (These payment thresholds are explained in the Content Creator Program Guide.) If your Account has been suspended or terminated, or your compliance with You42 policies is under investigation, your payment may be delayed or withheld.

You are responsible for maintaining accurate contact and payment information within your Account. This will ensure proper payment.

You42 may withhold and offset any payments owed to you against any amounts we may have overpaid to you in prior periods. If you do not have a balance in your Account to offset any overpayment, you are required to refund us within 30 days of receiving notice from us that we have overpaid to you. You are responsible for any charges assessed by your bank or payment provider.

Please see the Content Creator Program Guide for more details regarding how we process payments to you and for frequently asked questions.

(b)     Payment Calculation
Payments will be calculated by You42’s accounting department. You acknowledge and agree that you are only entitled to payment for monies earned for which You42 has received payment. If, for any reason, payment is credited back to a user, you are not entitled to be paid for that transaction. If a user defaults on payment or a payment is made fraudulently with a stolen credit card, we may withhold payment or charge back your Account. You42 works diligently to ensure that these instances are rare in order to maintain a safe ecosystem for our end users and content creators. You42 reserves the right to withhold payment for any Premium Content that does not comply with this Agreement or You42’s policies.

(c)     Taxes
You are responsible for taxes and will pay to You42 any applicable taxes that you owe solely from entering into this Agreement and which are permitted to be collected by You42 under applicable law. We will not collect any taxes covered by a valid exemption certificate that you provide us. If you are based in a jurisdiction that collects value added tax, Australian Goods and Services Tax, or other similar tax, you must provide a tax identification number or business number, as applicable, upon request.

(d)     Suspension and Entitlement to Further Payment
You42 may, at any time, without providing a notice or warning, temporarily suspend further payments on your Account. You42 may suspend payments to your Account due to invalid activity or your failure to fully comply with this Agreement or You42 policies.

If You42 removes your Contribution from the Services because of your failure to fully comply with this Agreement or You42’s policies, you will not be entitled to any further payment from You42 for any prior periods for the applicable Contribution content. You could be subject to a probationary period for other Contributions on the Services.

If your Account is suspended or terminated by You42 because of a breach of this Agreement or You42’s policies, you (i) will be prohibited from creating a new You42 account, and (ii) may not be permitted to monetize content on any You42 Platform.

If you want to dispute any payment made to you relating to your Contributions on the Services, you must notify You42 within 30 days of any such payment, non-payment by submitting a written appeal. If you do not appeal within 30 days, any claim related to the disputed payment is waived. By accepting payment from You42, you agree that the payment amount is accurate and not subject to dispute.

You may terminate (close) your Account with You42 at any time by completing the Account cancellation process. Your Account will be considered terminated within 10 business days of You42’s receipt of your notice. If you terminate all Accounts, then this Agreement will also terminate.

(e)     Terminating Your Account
If you terminate your Account and the balance reflected in your Account equals or exceeds the payment threshold, You42 will pay you that balance within approximately 90 days after the end of the calendar month in which you terminated your Account. Any balance reflected in your Account that is below the payment threshold will be forfeited.

If You42 terminates your Account and you want to dispute this termination, you must notify You42 within 30 days of our notice of termination by submitting a written appeal. If you do not appeal within 30 days, any claim related to your termination is waived.

(f)     Performance Rights Organizations.
You42 is registered with the primary performance rights organizations in the industry. We will collect, report and pay any performance rights organizations when applicable for your Contributions.

5 / Code of Conduct

By agreeing to these Terms, you are agreeing that, when using the Services, you will follow these rules:
(a)     Don’t do anything illegal.
(b)     Don’t engage in any activity that exploits, harms, or threatens to harm children.
(c)     Don’t send spam or engage in phishing. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages, or similar electronic communications. Phishing is sending emails or other electronic communications to fraudulently or unlawfully induce recipients to reveal personal or sensitive information, such as passwords, dates of birth, Social Security numbers, passport numbers, credit card information, financial information, or other sensitive information, or to gain access to accounts or records, exfiltration of documents or other sensitive information, payment and/or financial benefit.
(d)     Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).
(e)     Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to affect rankings, ratings, or comments).
(f)     Don’t use or attempt to use another’s account, username, or password without their permission.
(g)     Don’t circumvent any restrictions on access to or availability of the Services.
(h)     Do not prove, scan, or test the vulnerability of our Services or any You42 system or network;
(i)     Don’t engage in activity that is harmful to you, the Services or others (e.g., transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).
(j)     Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material or photographs).
(k)     Don’t engage in activity that violates the privacy of others.
(l)     Don’t help others break these rules.

6 / License Grant to You

(a)     Your License
You42 grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services for the purpose of posting and curating your Contributions on your Channel(s). You42 reserves all rights to the Services not expressly granted by You42, whether by implication, estoppel, or otherwise.
(b)     Updates
Any software, such as mobile applications, that we provide may automatically download and install updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings, but be aware that limiting updates may limit the functionality and security of our Services.
(c)     Our Stuff
You must not copy, download, modify, distribute, sell, or lease any part of our Services, nor may you use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes outside of the Content Creator Program without our prior written consent. You must not reverse engineer or attempt to extract the source code of our software, unless applicable laws prohibit these restrictions or you have our written permission to do so. We also do not grant you the right to use our branding, logos, designs, photographs, videos, or any other of our materials used in the Services.

7 / License Grant to You42

(a)     You Continue to Own Your Original Content

Through the Content Creator Program, you can create, upload, post, send, receive, and store your Contributions on the Services. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use those Contributions.

(b)     License to You42

For all Services, you grant You42 a worldwide, royalty-free, unrestricted, and transferable license to host, store, transmit, use, display, reproduce, modify, and distribute your Contributions on the Services or for the purpose of promoting the Services. This license is for the limited purpose of operating, providing, improving, promoting, and developing our Services, as well as helping to develop new Services.

You have the right to remove any or all of your Contributions from the Services at any time at your discretion. We commit to our end users that if they use You42 Credits to access your Premium Content, the applicable Contribution(s) will be available to them for no less than 45 days from the date they used their credits to unlock access to the Premium Content. This means that if you remove your Contribution from the Service, you will not receive payment for any Premium Content that is removed within 45 days of a user attempting to access it with their You42 Credits.

(c)     License to Other Users
You further grant us the right to allow all users of the Services to view and/or access your Contribution for their personal, non-commercial purposes.

(d)     License Term
The above licenses will continue until you remove (or we remove) your Contribution from the Services, in which case the licenses will terminate within a commercially reasonable period. (See the Content Creator Program Guide regarding how you can remove your Contributions from the Services.)

(e)     Promotion
You agree that You42 may feature and otherwise use your name, likeness, and biographical information (that you provided in setting up your profile as a content creator) in You42 marketing and promotional materials worldwide for the purposes of (i) promoting your Channel, You42, the Services, and the You42 Platform, (ii) recruiting “Network Channels” and other content creators, and (iii) generating user interest and engagement both on the You42 Platform and at You42 sponsored events.

During the term of this Agreement, You42 has the rights throughout the Territory, to use and publish, and to permit others to use and publish, your Channel brand, your name, likeness, and biographical information for advertising and trade purposes in connection with the You42 Platform and the Services, including but not limited to, in the promotion, marketing, licensing or other exploitation of the You42 Platform, the Services, and the content on the Services.

(f)     Advertising
The Services may contain advertisements. In consideration for You42 letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising in the Services. Therefore, advertising may sometimes appear near your Contribution.

8 / Content Restrictions

You42 will provide oversight of all Channels to ensure quality controls are in place for all Channel content including: curating content, quantity controls, and subject matter monitoring. You agree to comply with instructions from You42 regarding quality control of your Channel and your Contributions. You acknowledge and understand that if you do not comply, You42 will take down any Contributions that do not comply with this Agreement and You42 policies, in our sole discretion.

You are entirely responsible for the content of, and any harm resulting from, any of your communications within the Services and submissions of Contribution to the Services. When you communicate with end users or create or make available your Contributions, you agree that you:

  • Will not post Contributions that violate our Community Guidelines, which are incorporated into this Agreement by reference).
  • Will not post Contributions that contain advertisements or solicit any person to buy or sell products or services (other than our products and services);
  • Will not use the Services for any commercial purpose outside of the Content Creator Program or any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, advertising or offering to sell products or services (whether or not for a profit), soliciting others (including solicitations for contributions or donations), or engaging in unauthorized framing of, or linking to, the Services without our express written consent; and
  • Will not post Contributions that constitute, contain, install or attempts to install or promote spyware, malware or other computer code, designated to enable you or others to gather information about or monitor the online or other activities of another party whether on our servers or third party computers or other equipment.

Please use our reporting features to flag inappropriate content, or reach us directly at compliance@you42.com with your concerns.

9 / Our Management of the Services

(a)     Service Availability
The Services and content or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device.
We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and You42 is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve your Contributions. We recommend that you regularly backup your Contributions on your own devices.

(b)     Our Service Management

We may, but are not required to:(i) monitor or review the Services and any content posted within the Services for violations of this Agreement and for compliance with You42 policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates this Agreement; (iii) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) without prior notice any Contribution or any portion thereof (x) that in our sole discretion may violate this Agreement, applicable law, You42 policies, or are excessive in size or burdensome to our systems or (y) upon receipt of court order to do so; and (iv) manage these Services in a manner designed to protect the intellectual property rights of You42, our content creators, and our third party providers and to facilitate the proper functioning of the Services.

(d)     Risk of Harm

Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses or providing false information. Please choose carefully the information you post on the Services and that you give to other Services users. You assume all risks associated with dealing with other users with whom you come in contact through the Services. We expect that you will use caution and common sense when using the Services.

(e)     Unaffiliated Third Party Services and Applications

We may provide connections via application programming interfaces to some 3rd party services which will be governed by their own terms. If you access any of these connected services, your use of those 3rd party services will be governed by their terms.

10 / Content Creator Program Guide

You42 may implement updates and changes to its Content Creator Program Guide at any time. We will provide advance notice of these changes to our content creators either via email notice or by notice issued via your Account. You are responsible for checking your Account and the Content Creator Program Guide periodically for updates and changes.

Updates and changes to the Content Creator Program Guide are binding as of the effective dates provided in our notice, and (unless otherwise noted) the changes will not apply retroactively.

11 / Term and Termination

(a)     Term

This Agreement starts on the earlier of (i) the date that You42 sends you an email notifying you that your proposal to join the Content Creator Program has been accepted or (ii) the date that you first post a Contribution to the Services. This Agreement ends when either party elects to terminate it, per the terms below.

(b)     Termination for Cause

In addition to any other rights and remedies available under this Agreement or applicable law, all of which are expressly reserved by the parties, either party may terminate this Agreement for cause for material breach of this Agreement by the other party.

Either party may trigger termination under this section by providing written notice of the same to the other party. Termination will be effective 30 calendar days after receipt of the notice unless:


(i) The breach is not curable (in which case this Agreement terminates within one week of receipt of written notice of termination);
(ii) The breach is cured within that 30-day cure period; or
(iii) Both parties mutually agree to extend the cure period.

(c)     Suspension Pending Cure

If a party provides written notice of termination for cause under Section 10(b), the Parties will continue their full performance and not withhold or delay any deliverables until the breach is cured or the cure period ends and this Agreement is terminated. Notwithstanding the foregoing, if You42 is terminating based on your breach related to posted Contributions, we reserve the right to temporarily remove the applicable Contributions and/or refuse to post new Contributions until the end of the cure period.

(d)     Termination for Convenience

You may terminate this Agreement for convenience at your discretion by either (i) terminating your Account or (ii) giving us 60 days’ written notice (this method allows you to continue to use your Account as an end user).

You42 may terminate this Agreement for convenience at our discretion by giving you 60 days’ written notice.

(e)     Survival

Sections 2, 3, 4, 7, 11, 12, 13, 14, 15, and 16 of this Agreement will remain in effect even after your access to the Services is terminated, or you terminate your Account.

12 / Disclaimer of Warranties

(a)     Due Authorization.

Each party represents and warrants that it is free to enter into and perform its obligations under this Agreement, and neither party is nor will they be under any disability, restriction or prohibition, contractual or otherwise, with respect to (i) their right to execute this Agreement, (ii) their right to grant all of the rights granted under this Agreement, and (iii) their ability to perform all of their obligations under this Agreement.

(b)     Use Authorization.

You represent and warrant that, to the extent you provide Contributions for use by You42 pursuant to this Agreement, neither your Contributions, nor You42’s use, reproduction and exploitation of such Contributions will violate any law or infringe upon any common law or statutory rights of any third party including without limitation, contractual rights, copyrights, trademarks and rights of privacy or publicity.

Without limiting the generality of the foregoing, and subject to the terms of this Agreement, you specifically represent and warrant that you will not post any Contribution that you have previously licensed to a third party on an exclusive basis. During the term of this Agreement, you agree that you will not enter into any agreement with a third party that would in any way impair or interfere with the rights granted You42 under this Agreement.

13 / Disclaimer of Warranties

You42 provides the Services on an “as is” and “as available” basis. You therefore use the Services at your own risk. You42 expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, You42 makes no representations or warranties:

  • That the Services will be permitted in your jurisdiction;
  • That the Services will be uninterrupted or error-free;
  • Concerning any content submitted by any user;
  • Concerning any user communications;
  • Concerning any third-party’s use of Contributions that you submit;
  • That any Contribution you submit will be made available on the Services or will be stored by You42;
  • That the Services will meet your business or professional needs;
  • That You42 will continue to support any feature of the Services; or
  • Concerning third party sites and resources outside of the Services, even if linked to from the Services.

You42 accepts no responsibility and assumes no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which You42 will be responsible for.

14 / Limitation of Liability

You42 is not liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this Agreement or your use of or attempt to use our Services, including (but not limited to) damages for loss of profits, goodwill or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.

You agree to release us, our affiliates, and our respective directors, shareholders, officers, employees, agents, and third-party service providers, from any claims, demands and damages (direct and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of the Services.

15 / Indemnification

You agree to indemnify, defend, and hold harmless You42 and our affiliates, directors, shareholders, officers, employees, and agents, from any claims including attorney’s fees, related to:

(a)     all third party actions that: (i) arise from your activities on the Services; (ii) assert a violation by you of the terms of this Agreement; or (iii) assert that any Contribution you submitted to the Services violates any law or infringes any third-party right, including any intellectual property or privacy right; and
(b)     your use of the Services and any use attributable to your Account.

14 / General Provisions

(a)     Governing Law
This Agreement is governed by the laws in force in the State of Georgia, without regard to its conflict of laws rules, and the laws of the United States of America.

(b)     Forum

Any action arising out of or relating to this Agreement or your use of the Services must be commenced in the state or federal courts located in Fulton County, Georgia, United States of America. Both you and You42 consent to jurisdiction is such courts.

(c)     Arbitration

You and You42 agree that any dispute or claim arising from or relating to this Agreement shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any US based court that has jurisdiction. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to this Agreement, you and You42 are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You agree that you will assume the entirety of costs of any claim you submit for arbitration that is found to be frivolous by the arbitrator or determined to be “no fault” of You42.

(d)     Waiver and Remedies

Headings are for convenience only and shall not be used to construe this Agreement. No failure or delay by You42 in exercising any right hereunder will waive any further exercise of that right. You42’s rights and remedies hereunder are cumulative and not exclusive. You agree to not hold You42 or its employees, officers, directors, and agents liable for any damages resulting from usage of the Services, content uploaded, deleted, lost, posted or other actions from the Services.

(e)     Severability

If any provision of this Agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this Agreement.

(f)     No Partnership

This Agreement does not create an agency, partnership, joint venture, employment or franchisee relationship between you and You42.

(g)     Successors; Assignment; Third Party Beneficiaries

This Agreement is binding upon both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without You42’s prior written consent. No third party beneficiary rights are created under this Agreement.

(h)     Notice

Any notice desired or required to be given by either party to the other shall be in writing and shall be delivered by hand, or sent by United States certified or registered mail, postage prepaid, return receipt requested, or sent by air express (e.g., Federal Express, UPS, DHL or any other similar type of first class overnight courier service that provides proof of delivery), or by e-mail, provided that any notice of termination must be sent by a means that provides proof of delivery.

You may send notices of a legal nature to You42 at compliance@you42.com or the following address:

You42, Inc.
Attention: Legal Department
202 Tribble Gap Rd #300
Cumming, GA 30040

You42 will send notices to you at the postal address and/or email address you provided for the profile of your Account.

(i) Amendment

This Agreement can be changed only by an amendment signed by both parties.

(ii) Publicity

Neither party will issue any press release or public announcement regarding this Agreement without the other party’s written consent. The parties agree to cooperate in order to draft an appropriate press releases and any other public announcements relating to the subject matter of this Agreement and the relationship between the parties. The parties will not unreasonably withhold or delay their consent to press releases or public announcements.

(iii) Entire Agreement

This is the entire agreement between you and You42 for sharing your Contributions via the Services. It supersedes any prior agreements between you and You42 regarding sharing your Contributions via the Services. All parts of this Agreement apply to the maximum extent permitted by relevant law.

Add comment

Follow

Stay current on the latest company updates, platform features, and original content.