These SinParty Terms and Conditions are applicable to Creators. Please read these SinParty Terms and Conditions carefully, as your access to and use of the SinParty Platform signifies that you have read and understood all the terms contained herein. These SinParty Terms and Conditions form part of your agreement with the Company.
“Company”, “we”, “us”, “our” means SP Internet Media Limited, a company duly incorporated in accordance with the company laws of the Republic of Cyprus with company number: HE381896 and registered address at: Office Archiepiskopou Makariou III 18B, Annitas Complex, House 6, Anafotia, 7573, Larnaca, Cyprus, being the owner and operator of the SinParty Platform;
"Content" means all material uploaded to the SinParty Platform by any Creator, including photos, videos, audio (for example, dialogue, music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other uploaded material whatsoever;
“Creator”, “you”, “your” also described as model, performer or broadcaster means a User who has formally contracted with SinParty to set up their own personal SinParty account as a Creator account to post Content on the SinParty Platform to be viewed by other Users and includes all parties, participants and/or performers in any content whatsoever uploaded onto the SinParty Platform;
“Creator Earnings” refers to 80% (eighty percent) of the Subscription Fee, excluding any VAT, payable by the Company to the Creator;
“Creator Fee” refers to 20% (twenty percent), which the Company deducts from the Subscription Fees, excluding any VAT, payable to the Company;
"Creator/User Transaction" means any transaction between Creators and Users via the SinParty Platform pertaining to access of Creator Content including any of the following:
(i) a Subscription, or;
(ii) payments made by a User to view Creator pay-per-view Content (pay-per-view media and pay-per-view live stream), or;
(iii) use by the User of the SinParty Platform interaction function on a Creator account;
“General Terms and Conditions” the SinParty General Terms and Conditions policy document governing access to and use of the SinParty Platform applicable to all Creators and Users;
“Participants” means all Creators, models, performers or broadcasters who, in conjunction with the Creator, participate in any Content uploaded on the SinParty Platform by a Creator and from whom the Creator is lawfully obliged to obtain and hold duly signed consent forms and to provide such duly signed consent forms to SinParty on request;
“Prohibited Use Policy” means the SinParty Prohibited Use Policy applicable to Creators and Users regarding the Content Creators are prohibited from uploading onto the SinParty Platform;
“Services” means the SinParty Platform and Content made available on the SinParty Platform;
“SinParty” means SinParty.com, a social media platform, website and application service wholly owned and operated by the Company which allows Creators to upload photographs and videos to their profile, setting a Subscription Fee and therefore earning revenue from paying Users via the Company merchant processing systems;
“SinParty Platform” means the SinParty Platform, an interactive social media platform, website and application service wholly owned and operated by the Company which allows Creators to upload photographs and videos to their profile, setting a fee to earn revenue from paying Users via the Company merchant processing systems;
“Subscription Fee/s” means payment or recurring payment, including Fiat and/or Crypto Currency, made by a User to view Creator Content posted on the SinParty Platform, payable as prescribed from time to time, whether daily, weekly, monthly, annually, in alternative daily, weekly, monthly or annual increments or paid on any other agreed terms, which fee may include any applicable sales, telecommunication, excise, value-added or similar taxes;
“Subscription Service” means the access, use and service afforded to a User via the SinParty Platform commensurate with the agreed User Subscription Fee;
“Tax” includes 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 Cyprus or any other jurisdiction;;
“User” means any user of SinParty, whether subscribed or unsubscribed, that views content uploaded to the SinParty Platform, whether a Creator or a User or both;
“VAT” means Cyprus value added tax and any other tax imposed in addition to or in substitution thereof, at the rate imposed from time to time and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction.
CREATING A CREATOR ACCOUNT
To set up your Creator account, you will be required to:
On your Creator Dashboard, complete age verification using facial recognition, proving you are over the age of 18.
Add a bank account, payment details of your bank account or a payment method.
Select 1 (one) of the available methods provided as to how your Creator Earnings will be transferred to you (“Payout Options”).
Once you have set-up your Creator account, you will be required to set your prices for Users on the SinParty Platform.
Once your Creator account has been set-up, you will be able to start uploading Content and Users will be able to subscribe to your Creator account or make payment/s for access to your Creator account.
If you lose access to your account, you can reset your password, utilising the email address used to set-up your Creator account. If you do not recall the email address utilised to set-up your Creator account, the Company may require you to provide identification documents, photographs and any additional evidence the Company may reasonably require to prove your identity.
The Company may request additional age or identity verification information at any time. The Company may reject your application to set up a Creator account for any reason.
CREATOR FEE AND CREATOR EARNINGS
The Company charges a Creator Fee, being 20% (twenty percent) deducted from the Subscription Fees. The Creator Fee is a fee payable to the Company by Creators for the costs incurred by the Company for providing, maintaining and operating the SinParty Platform and storing Creator Content.
After the Creator Fee is deducted from the Subscription Fees, the remaining balance of the Subscription Fee constitutes the Creator Earnings which is payable to Creators by the Company and/or one of the Company payment processors.
All Subscription Fees will be received by a third-party payment provider approved by the Company. The third-party payment provider will pay the Subscription Fees to the Company whereafter the Company will pay the Creator Earnings to the Creators.
If a Subscribing User successfully seeks a refund or chargeback from their credit card provider in respect of a Subscription Fee payment, the Company may investigate and may decide to deduct from your account an amount equal to the Creator Earnings earned by a Creator on the charged-back or refunded amount.
The Company may withhold all or any part of Creator Earnings due to the Creator but not yet paid out if:
the Company is of the view that the Creator has or may have seriously or repeatedly breached any part of the Terms of Service;
if you attempt or threaten to breach any part of the Terms of Service in a way the Company deems has or could have serious consequences for the Company or another User (including actual or possible loss caused to the Company or another User), or;
if the Company suspects that all or any part of the Creator Earnings result from unlawful or fraudulent activity, either by you or by the Subscribing User.
(hereinafter referred to as “Breach”)
The Creator Earnings may be withheld for as long as necessary to investigate the actual, threatened or suspected Breach. If following the Company’s investigation, the Company concludes that you are liable for Breach, the Company may notify you that you have forfeited your Creator Earnings.
The Company may also withhold all or any part of the Creator Earnings due to you but not yet paid out if the Company receives notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on Creator Earnings. The Company undertakes no duty to pay Creator Earnings to third-party lienholders and may withhold payment of Creator Earnings until the lien has been removed.
If the Company is withholding all or any part of the Creator Earnings due to you and the Company determines that part of the Creator Earnings withheld are unrelated to any Breach by you, the Company may arrange for you to be paid part of the Creator Earnings which the Company determines to be unrelated to the Breach. You agree, should the Company consider your Breach has or may cause the Company loss, the Company may withhold all Creator Earnings due to you and may set-off such amounts against any losses suffered by the Company.
CREATOR’S LEGAL OBLIGATIONS AND RESPONSIBILITY
Only individuals can be Creators. As a Creator you are personally bound to the SinParty Terms of Service. The assistance of third parties in the management and operating of your account will not affect your personal legal obligations in respect of your agreement with the Company. When you use and/or access the SinParty Platform, a relationship is formed between you and the Company, and not with any third party or Participant/s, and you will be solely responsible for ensuring that all Content posted and all use of your account complies with the SinParty Terms of Service.
TRANSACTIONS BETWEEN YOU AND YOUR SUBSCRIBERS
The Company facilitates the transactions between you and your subscribers by providing use of the SinParty Platform and storing Creator Content. The Company is not a party to any agreement which may exist between you and your subscribers, and the Company is not responsible for any transaction between you and your subscribers.
The Company shall confirm when a Subscribing User has subscribed to view your Content. This confirmation shall be sent to you by email. Upon receipt of the confirmation, you are required to perform your part of such Creator/User Transaction (for example by allowing the Subscribing User to view the Content on your Creator account). You agree to indemnify the Company for any breach by you of your obligations to the Subscribing Users, which means that you shall be responsible for any loss or damage the Company suffers as a result of your failure to comply with your obligations.
In addition to the SinParty General Terms and Conditions and the SinParty Prohibited Use Policy, the following terms apply to the Content posted, displayed, uploaded or published by you:
your Content is publicly available and is therefore not confidential. You authorise Users to access and view your Content for their own lawful and personal use, and in accordance with any licenses granted to them;
you warrant that for each item of Content:
the Content complies with the SinParty Terms of Service, particularly the SinParty Prohibited Use Policy;
you hold all rights necessary to license and deal in your Content on the SinParty Platform, including in each territory where you have subscribers;
you are the proprietor of your Content, including all intellectual property rights in it, or have a valid license to offer and supply your Content on the SinParty Platform and where you are not the owner of the Content, that you have obtained all Participant/s consents, rights, licenses, written consents and releases that are necessary for the use of such third-party property, and;
the Content is of satisfactory quality.
You agree to act as custodian of records for the Content you upload to the SinParty Platform.
You indemnify the Company from liability against any claims arising as a result of your failure to fulfill the warranties listed in clause 6.1.2 above. You will be solely responsible for any loss or damage, including but not limited to, loss of profit, the Company suffers as a result of any failure to fulfil the warranties.
The Company shall not be accountable for and does not endorse any aspect of any Content posted by you or any other User. The Company does not have any obligation to monitor any Content and has no direct control over what your Content may contain.
ADVERTISING USING YOUR CONTENT
Any content uploaded to your account which promotes, directly or indirectly, third party goods, services or images in return for payment, or other valuable consideration, or self-promotional purposes, including advertising, sponsorship, and product placement (“Advertising Content”), you are required to comply with the following requirements:
violate human dignity;
include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
encourage behaviour prejudicial to health or safety;
encourage behaviour grossly prejudicial to the protection of the environment;
cause physical, mental or moral detriment to any person;
directly urge persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
directly encourage persons to persuade others to purchase or rent goods or services;
exploit the trust of persons in others;
unreasonably show persons in dangerous situations;
advertise cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illegal drugs, or any prescription-only medicine;
advertise, promote, or facilitate illegal gambling, or;
in respect of any Advertising Content for alcoholic drinks, be aimed at minors and encourage immoderate consumption of alcohol.
You are required to clearly specify that your Content contains Advertising Content by including the signifier “#ad” in the caption of your Content.
CONTENT FEATURING OTHER INDIVIDUALS
If you upload Content to your account which features Participants other than or in addition to you (“Featured Content”), despite the Participant being unidentifiable from your Content, you warrant that:
each Participant shown in the Featured Content is (i) a Creator; or (ii) a consenting adult, and that you have verified the identity and age of each such Participant and shall provide supporting documents as the Company may request in its discretion;
you have obtained and keep on record written consent from each Participant shown in the Featured Content that such Participant:
has given his or her express, prior and fully informed consent to his or her appearance therein; and
has consented to the Featured Content being posted on the SinParty Platform.
If the Participants in the Featured Content are Creators, you agree to tag their accounts.
If the Featured Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any joint authors for the Featured Content to be made available on the SinParty Platform.
In respect of Featured Content, you agree that Creator Earnings shall be paid to the account of the Creator who uploaded the Content. The Creator who uploaded the Featured Content is solely responsible for dividing and distributing any revenue generated from such Content. Any such revenue-sharing agreement shall be an independent private agreement between you and such Participants, and the Company is not responsible for providing or enforcing such agreements. If you post Featured Content, the Company may require you to provide valid and complete legal information for all Participants which appear in the Featured Content. Failure to provide such information may result in the Company deleting the Featured Content, restricting your rights and permissions to post as a Creator, terminate your account, and/or withhold all or any portion of Creator Earnings earned but not yet paid to you.
You agree to indemnify the Company against any claims arising from Featured Content. You agree that all claims arising from Featured Content shall be made against the Creator/s who posted the Content or the Participant/s who appeared in the Content.
PROMOTING TAX AND VAT COMPLIANCE
SinParty recommends you seek professional advice to ensure compliance with your local Tax and VAT rules, based on your individual circumstances.
By using the SinParty Platform, you warrant that you have reported and shall report receipt of all payments made to you in connection with your use of the SinParty Platform, to the relevant Tax authority in your jurisdiction, as required by law. You further warrant that you shall at all times comply with all laws and regulations relating to Tax which apply to you. If at any point while you have a Creator account, any Tax non-compliance occurs in relation to you, including failure to report earnings or the imposition on you of any penalty or interest relating to Tax, or if any litigation, enquiry, or investigation is commenced against you, that is in connection with, or which may lead to, any occurrence of Tax non-compliance, you agree that you shall:
notify the Company by email to firstname.lastname@example.org within 7 (seven) days of the occurrence of the Tax non-compliance or the commencement of the litigation, enquiry or investigation (as applicable), and;
promptly provide the Company, via email, with: details of the steps which you are taking to address the occurrence of the Tax non-compliance and to prevent same from happening again, together with any mitigating factors that you consider relevant, and; such other information in relation to the occurrence of the Tax non-compliance as the Company may reasonably require.
The Company is not responsible for advising you on your Tax affairs and shall not be liable in respect of any general information provided on the SinParty Platform or by email in respect of Tax, and the Company shall not be liable for non-payment of Tax by Creators.
The Company reserves the right to close your Creator account if the Company becomes aware of your Tax non-compliance.
You agree that you shall keep copies of all VAT invoices and VAT returns in connection with your Creator Earnings from the Company, and you shall provide the Company with copies of such documents within 14 (fourteen) days of written request by the Company that you do so. For the avoidance of doubt, it is your obligation to comply with all provisions of VAT legislation and make, give, obtain, maintain and keep accurate, complete and up-to-date records, invoices, accounts and other documents required for the purposes of VAT legislation.