Last Updated: December 03, 2024

1. Eligibility

The Creator must be either (1) an individual who (A) is at least 18 and the age of majority in the jurisdiction in which the Creator is located and (B) has the legal capacity to enter into legally binding contracts, or (2) an entity that (A) is duly organized, validly existing, and in good standing as a legal entity under the laws of its jurisdiction of organization and (B) has the power and authority to enter into legally binding contracts.

2. Registration

To register, the Creator must complete the “Creator” registration form and submit a copy of the Creator’s valid government-issued picture identification card (in color) that contains the Creator’s (or if an entity, the beneficial owner’s) legal name, date of birth, expiration date, and any other information required by section 3 for identity and age verification purposes. By registering, the Creator states that the following facts are accurate: (1) all account registration information is accurate; (2) if the Creator previously had an account, the Creator’s old account was not terminated or suspended by Instafamous for any violations; (3) the Creator’s registration is for the Creator’s own use, and the Creator must not otherwise sell, rent, or transfer the Creator’s account to another person; and (4) the Creator must not use any nonparty payment provider to accept payments for any Content.

3. Age Verification

Instafamous has a robust process for verifying the identity and age of every Creator. This process includes the review and validation of the Creator’s government-issued picture identification card and steps to ensure that the Creator’s government-issued picture identification card is in the possession of, and belongs to, the Creator. This process requires that the Creator provide Fancentro a live capture of (1) the Creator’s face, (2) the Creator’s valid and accurate government-issued picture identification card (front and back, where applicable), (3) the Creator holding the Creator’s government-issued picture identification card, and (4) a selfie of the Creator holding a piece of paper signed with Fancentro and the date of the selfie. This process is to ensure that individuals are present, are live, and consent to the application process. The Creator hereby authorizes Instafamous to verify the validity of the Creator’s (or if an entity, the beneficial owner’s) government-issued picture identification card with a nonparty verification service if necessary.

4. Instafamous Fees

Instafamous will deduct 20% of all Fan Payments made to the Creator (exclusive of any VAT or any other applicable Tax element of the Fan Payment) (the “Instafamous Fee”). Instafamous will pay the remaining 80% of the Fan Payment (exclusive of any VAT or any other applicable Tax element of the Fan Payment) to the Creator (the “Creator Earnings”), except that if the Creator has opted into the affiliate program, and an affiliate refers a User that makes a Fan Payment, the Creator’s percentage will be reduced from 80% to 50% and the remaining 30% will go to the affiliate. The Instafamous Fee includes Instafamous’s cost of providing the services (including hosting and storing the Content) and maintaining and operating the Platform. Instafamous will deduct the Instafamous Fee from the Fan Payment, and Instafamous will pay the Creator Earnings to the Creator as set out in section 9.

5. Fan/Creator Transactions

(a) All Fan/Creator Transactions are contracts between Fans and the Creators. Although Instafamous facilitates Fan/Creator Transactions by providing the Platform, storing Content, and acting as a payment intermediary, Instafamous is not a party to any other contract that might exist between a Fan and the Creator, and Instafamous is not responsible for any Fan/Creator Transaction.

(b) The Creator is solely responsible for setting prices for Content. Fan Payments are inclusive of Taxes. Fans must submit payment using an approved payment method through the Platform’s billing interface. The Creator must not use any nonparty payment provider (including Paxum, PayPal, Venmo, Zelle, etc.) to accept payments for any Content.

(c) When the Creator receives confirmation from Instafamous, either on the Creator’s User account or by email or both, that the Fan/Creator Transaction has been confirmed, the Creator must perform the Creator’s part of that Fan/Creator Transaction (for example, by allowing the Fan to view the Content on the Creator’s account, providing the customized Content paid for by the Fan, or allowing the Fan to use the fan interaction function paid for (as applicable)). The Creator shall indemnify Instafamous against any breach by the Creator of these obligations, including any loss or damage (including loss of profits) that Instafamous suffers because of the Creator’s failure to comply with these obligations.

6. Content

(a) The Creator may create, upload, send, display, or livestream various Content to the Creator’s account. The Creator acknowledges that Instafamous merely provides the Creator with the means to distribute Content through Instafamous’s computer systems. Content must not include nonparty intellectual property (including copyrighted material) unless the Creator has a written license or consent from that person or is otherwise legally entitled to do so. The Creator hereby (1) consents to be depicted in the Content; (2) consents to allow for the public distribution of the Content and to upload the Content to the Platform; and (3) if the Content will be made available for downloading by Users, consents to have the Content downloaded.

(b) Instafamous does not claim any ownership interest in the Content. The Creator retains any ownership interest that the Creator might have in the Content subject to the licenses granted in section 7(c).

(c) By uploading, providing, or otherwise making Content available on the Platform, or through postings on the Platform, the Creator hereby grants Instafamous a perpetual, irrevocable, nonexclusive, sublicensable, worldwide license to use, copy, reproduce, store, translate, transmit, distribute, perform, create derivative works of, publicly display, and otherwise display that Content in any format or channel, whether currently known or developed later, globally. This license includes the right for Instafamous to use, in connection with the promotion of the Creator, any name, username, voice, or likeness provided with the Content, and to do so in all media or distribution methods now known or later developed.

(d) The licenses granted in section 7(c) will continue as long as the Creator offers that Content for sale on the Platform. If the Creator removes any Content, Instafamous may continue to make that Content available to those Fans who previously purchased that Content or provide full or partial refunds to those persons at the Creator’s expense. In addition, Instafamous may retain archival copies: (1) for a limited period in case the Creator wishes to restore it; (2) when the Content is the subject of a takedown notice or other legal claim; or (3) when Instafamous in good faith believes that it is legally obligated to do so.

(e) The Creator must ensure that any Content that the Creator posts to the Creator’s account does not:

1. prejudice respect for human dignity;
2. include or promote bigotry, racism, or discrimination based on race, ethnicity, gender, religion or belief, nationality, disability, sexual orientation, or age;
3. encourage behavior prejudicial to health or safety;
4. encourage behavior grossly prejudicial to the protection of the environment;
5. cause physical, mental, or moral distress to any person;
6. directly encourages persons to persuade others to purchase or rent goods or services;
7. does not advertise cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illegal drugs, or any prescription-only medicine;
8. does not advertise, promote, or facilitate illegal gambling; and
9. does not advertise alcoholic drinks, is not aimed at minors and does not encourage excessive consumption of alcohol.

(f) Instafamous is not responsible for and does not endorse any aspect of any Content posted by the Creator or any other User on the Platform.

7. Co-Authored Content

(a) If the Creator uploads Content to the Creator’s account that depicts anyone other than or besides the Creator (even if that person cannot be identified from the Content) (“Co-Authored Content”), the Creator states that each individual shown in any Co-Authored Content uploaded to the Creator’s account is (1) a Creator on the Platform; or (2) a consenting adult, and that the Creator has verified the identity and age of each such individual and will provide supporting documents on Instafamous’s request.

(b) The Creator further states that the Creator has obtained and keeps on record written consent from each individual shown in the Creator’s Co-Authored Content that the individual (1) has given their express, prior, and informed consent to their appearance in the Co-Authored Content; (2) has consented to allow for the public distribution of the Co-Authored Content in which they appear and to upload the Co-Authored Content to the Platform; and (3) if the Co-Authored Content will be made available for downloading by Users, has consented to have the Co-Authored Content downloaded.

(c) Besides the confirmations in sections 7(a) and 7(b), if the Creator uploads Co-Authored Content where the other person or people appearing in the Co-Authored Content have a Creator account on the Platform, the Creator must tag the account(s) of any person or people appearing in the Co-Authored Content who can be identified from it.

(d) If any Co-Authored Content is a work of joint authorship, the Creator is solely responsible for obtaining any required licenses or consents from any other joint authors of the Co-Authored Content that are sufficient to allow that Co-Authored Content to be uploaded to and made available on the Platform.

(e) The Creator acknowledges that Instafamous will only pay the Creator Earnings to the account of the Creator to which the Co-Authored Content is uploaded. The Creator uploading the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the individuals depicted in that Co-Authored Content. Any revenue-sharing agreement is an independent, private agreement between the Creator and those individuals, and Instafamous is not responsible for supplying or enforcing any such agreements.

8. Creator Earnings Payout

(a) All Fan Payments will be received by a nonparty payment provider approved byInstafamous. Instafamous will receive the Fan Payment from the relevant payment provider. Instafamous will deduct the Instafamous Fee from Fan Payment and then will hold the Creator Earnings for the Creator in Instafamous’s capacity as the Creator’s agent.

(b) All Fan Payments and the Creator Earnings are transacted in US dollars or Euros at the Creator’s election. The Creator’s bank may charge the Creator currency conversion or transfer fees to receive the Creator Earnings. Instafamous does not have control over currency exchange rates or charges imposed by the Creator’s bank, and Instafamous is not responsible for paying any charges imposed by the Creator’s bank. Instafamous may charge the Creator an extra fee to cover transaction costs on specific payment methods.

(c) If a Fan successfully seeks a refund or chargeback from their credit card provider for a Fan Payment made to the Creator, Instafamous may investigate and may deduct from the Creator’s account an amount equal to the Creator Earnings earned by the Creator on the chargeback or refunded amount. The Creator hereby authorizes Instafamous to dispute any chargebacks made by Fans, and the Creator shall assist Instafamous in that dispute. Successful refunds and chargebacks will reduce the Creator Earnings payable to the Creator by that amount but will not reduce Instafamous Fees payable to Instafamous.

(d) If Instafamous cannot pay out the Creator Earnings to the Creator after 12 months because of inaccurate information in the Creator’s account and Instafamous cannot contact the Creator, the Creator will automatically forfeit the Creator Earnings, and the Creator Earnings will become Instafamous’s property, except that the Creator Earnings that are deemed unclaimed property will be turned over to the appropriate government body if required by law.

(e) If the Creator disputes Instafamous’s calculation of the Creator Earnings, the Creator must notify Instafamous in writing no later than 30 days after that disputed calculation. Failure to notify Instafamous within this period will result in the Creator’s waiver of any claims related to that disputed calculation.

9. Taxes

(a) Taxes are solely the Creator’s responsibility. Fancentro recommends that the Creator seek professional Tax advice to ensure that the Creator is compliant with the Creator’s Tax obligations under law based on the Creator’s individual circumstances. The Creator states that the Creator will comply with all laws and regulations relating to Tax that apply to the Creator.

(b) The Creator is solely responsible for the Creator’s own Tax affairs, and Instafamous (1) is not responsible for advising the Creator on the Creator’s Tax affairs and will not be liable for any general information provided on the Platform or by email regarding Tax, and (2) will not be liable for any nonpayment of Tax by the Creator. Instafamous may close the Creator’s account if it is notified of or becomes aware of any Tax noncompliance by the Creator.

10. Relationship of the Parties

(a) The parties intend that the Creator will be an independent contractor. This supplement does not, and the parties do not intend to, create a partnership, joint venture, agency, franchise, or employment relationship. The parties disclaim the existence of any of these relationships between them. Neither party is the agent for the other.

(b) The Creator is not eligible under this supplement to participate in any vacation, group medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits or benefit plans offered by Instafamous to its employees.

(c) Any persons employed or engaged by the Creator to create, produce, submit, or live stream Content or otherwise manage the Creator’s account must be the Creator’s employees or contractors, and the Creator will be fully responsible for them and shall indemnify Instafamous against any claims made by or for any such employee or contractor.

11. Statements of Fact

1. the Creator is an individual with at least 18 and has the legal capacity to enter into this agreement; or the Creator is an entity in good standing as a legal entity under the laws of its jurisdiction of incorporation, organization, or chartering;
2. in good standing as a legal entity under the laws of its jurisdiction of incorporation, organization, or chartering;
3. the Creator either owns the Content (and all intellectual property rights in it) or has a valid license to offer the Content on the Platform;
4. if Content includes nonparty material, the Creator has secured all rights, licenses, written consents, and releases necessary for the Creator to use that nonparty property in the Content (including Co-Authored Content) and for the later use and exploitation of that Content under this supplement;
5. content is of satisfactory quality, considering any description of it, the price, and all other relevant circumstances, including any statements the Creator makes about the nature of the Content on the Creator’s account or in any advertising;
6. content does not depict any individual under 18 years old on the date of the production of that Content;
7. the Creator obtains and keeps on record written consent from all persons (including the Creator) depicted in the Content specific to the following areas: (A) consent to be depicted in the Content; (B) consent to allow for the public distribution of the Content and to upload the Content to the Platform; and (C) if the Content will be made available for downloading by Users, consent to have the Content downloaded;
8. the Creator verifies the identity and age of all individuals depicted in the Content to ensure that those individuals depicted are adults and can provide supporting documents on request;
9. the Creator has independently evaluated the desirability of using the Platform, and the Creator has not relied on any statement other than those in this supplement; and
10. the Creator’s signing and performance of this supplement will not conflict with or violate (A) any order, judgment, or decree that applies to the Creator; or (B) any agreement that applies to the Creator.