Creator Agreement
Last updated: January 15, 2025
Effective Date
Effective as of date of acceptance.
Introduction
This Creator Agreement (“Agreement”) is entered into between Best of Sexy LLC, a California limited liability company (“BestOfSexy,” “Company,” “we,” “us,” or “our”), and the individual or entity agreeing to these terms (“Creator,” “you,” or “your”).
Eligibility & Verification
1.1 Age Verification
You represent and warrant that you are at least 18 years of age and have successfully completed identity verification through BestOfSexy’s third-party KYC provider (currently KYCAID).
1.2 Content Restrictions
You may not create or upload content that includes any individual who is under 18, or who has not given written consent to appear.
Content Ownership & License
2.1 Ownership of Real Content
You retain ownership of all content you create and upload to the Platform (“Creator Content”).
2.2 License to BestOfSexy
By posting Creator Content, you grant BestOfSexy a worldwide, non-exclusive, royalty-free, sublicensable license to use, host, store, display, distribute, promote, and otherwise make your Creator Content available on the Platform and in marketing related to the Platform.
2.3 Non-Exclusivity
You may repost, sell, or distribute your Creator Content outside of BestOfSexy.
AI Content & Likeness Rights
3.1 Consent to Use Likeness
If you opt-in, you grant BestOfSexy the right to use your name, image, likeness, voice, and biometric data to create, train, and publish AI-generated content (“AI Content”).
3.2 Ownership of AI Content
All AI Content is the exclusive property of BestOfSexy. You will receive a revenue share as set forth in Section 4.
3.3 Revocation of Consent
You may revoke consent for future AI Content at any time by providing written notice. However, BestOfSexy may continue to use and monetize AI Content already created prior to revocation.
Revenue Sharing & Payments
4.1 Revenue Split
All revenue from your content (including tips, chats, and any AI-related monetization) is split 50/50: Creator 50% / BestOfSexy 50%.
4.2 Payouts
Payouts are made via bank transfer upon request.
4.3 Taxes
You are solely responsible for reporting and paying all applicable taxes. BestOfSexy will issue a Form 1099-NEC if your annual payouts exceed $600.
Creator Obligations & Restrictions
5.1 Content Restrictions
You agree not to post or transmit any content that is:
- Illegal, defamatory, fraudulent, or obscene;
- Child sexual abuse material (CSAM), bestiality, non-consensual sexual content, or any otherwise prohibited category;
- Content that infringes third-party intellectual property rights.
5.2 Content Consent
You represent and warrant that all individuals in your Creator Content are at least 18 and have provided written consent.
5.3 Account Misuse
You will not attempt to interfere with or misuse the Platform.
Account Suspension & Termination
6.1 Account Suspension
BestOfSexy may suspend or terminate your account immediately for violations of this Agreement, illegal activity, or conduct deemed harmful to the Platform.
6.2 Termination
Either party may terminate this Agreement at any time without notice.
Marketing & Promotion
You grant BestOfSexy the right to use your name, likeness, and Creator Content for the promotion of the Platform in marketing and advertising materials.
Liability & Indemnification
8.1 Creator Content
You are solely responsible for your Creator Content and any consequences of posting or distributing it.
8.2 Breach of Agreement
You agree to indemnify, defend, and hold harmless BestOfSexy, its affiliates, officers, directors, and employees from any claims, damages, or expenses rising from:
- Your Creator Content;
- Your breach of this Agreement;
- Any violation of law.
8.3 Limitation of Liability
BestOfSexy is not liable for any indirect, incidental, or consequential damages.
Term & Survival
9.1 Term
This Agreement is effective upon your acceptance and continues until terminated.
9.2 Survival
Sections 2, 3, 4, 7, and 8 survive termination.
Dispute Resolution
10.1 Governing Law
This Agreement is governed by the laws of California, USA.
10.2 Arbitration
Any dispute shall be resolved by binding arbitration in Los Angeles County, California, under the rules of the American Arbitration Association.
Miscellaneous
11.1 Entire Agreement
This Agreement constitutes the entire agreement between you and BestOfSexy.
11.2 Update
BestOfSexy may update this Agreement from time to time. Continued use of the Platform constitutes acceptance of the updated terms.
11.3 Severability
If any provision is found unenforceable, the remainder shall remain in effect.
Acknowledgment
By clicking “I Agree” during onboarding, you acknowledge that you:
- Are at least 18 years old;
- Have read and understood this Agreement;
- Consent to the use of your content and likeness as described herein.