Terms of Service

Terms of Service Last Updated: January 7, 2024 By using HeyCreator Store., dba HeyCreator (“HeyCreator,” “we,” “us,” or “our”). you agree to abide by these terms. 1. Acceptance of Terms By accessing or using HeyCreator, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, please do not use our platform. 2. Eligibility You must be at least 18 years old to use HeyCreator. By using our platform, you represent and warrant that you are of legal age to form a binding contract. 3. Content Ownership and Rights You retain full ownership of the content you create and upload to HeyCreator. However, by using our platform, you grant HeyCreator a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, and distribute your content for the purpose of operating and promoting the HeyCreator platform. 4. Monetization HeyCreator allows you to monetize your content through various means, such as subscription services, one-time purchases, or ad revenue. You agree to comply with HeyCreator's monetization guidelines and policies, which are subject to change. We reserve the right to withhold payments or terminate your account if violations occur. 5. Payment and Fees For monetization services, HeyCreator retains a percentage of the revenue generated from your content, as specified in our fee schedule. Payments are made on a regular schedule, and you are responsible for any taxes associated with the income you earn through HeyCreator. 6. Prohibited Content You agree not to upload, share, or promote content that violates HeyCreator's content guidelines, including but not limited to illegal, harmful, or infringing material. Failure to comply may result in content removal, account suspension, or termination. 7. Account Security You are responsible for maintaining the security of your HeyCreator account. Keep your password confidential and notify us immediately if you suspect unauthorized access. 8. Termination HeyCreator reserves the right to terminate or suspend your account at any time for violations of these terms or for any reason at our discretion. Upon termination, you will lose access to HeyCreator's services, and any outstanding payments will be subject to review. 9. Changes to Terms HeyCreator may update these terms periodically. You will be notified of any significant changes, and continued use of the platform after such changes constitutes acceptance. 10. Dispute Resolution by Binding Arbitration Any dispute, claim, or controversy arising out of or relating to these Terms of Service or the use of HeyCreator services shall be resolved by binding arbitration, conducted in accordance with the rules of the American Arbitration Association (AAA) or a similar arbitration organization mutually agreed upon by the parties. The arbitration proceedings shall be conducted by a single arbitrator selected by mutual agreement or appointed by the chosen arbitration organization. 11. Arbitration Procedures 1. Location: The arbitration shall take place in Auburn, Alabama unless both parties agree to a different location. 2. Rules: The arbitration shall be conducted in accordance with the rules of the chosen arbitration organization and these Terms of Service. 3. Costs: Each party shall bear their own costs associated with the arbitration, and the parties shall equally share the arbitrator's fees. However, the prevailing party may be entitled to recover reasonable attorney's fees and costs from the non-prevailing party to the extent allowed by law. 12. Waiver of Class Action and Jury Trial You and HeyCreator agree that any arbitration shall be limited to the dispute between HeyCreator and you individually. To the fullest extent permitted by applicable law, you and HeyCreator each waive any right to pursue any dispute on a class or consolidated basis or to have a dispute decided by a jury. 13. Governing Law These Terms of Service and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the [State] without regard to its conflict of law principles. 14. Enforcement of Arbitration Award The arbitrator's award shall be final and binding, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. By using HeyCreator, you acknowledge and agree that you are voluntarily waiving the right to a trial by jury and to participate in a class action lawsuit. You further acknowledge and agree that HeyCreator may seek injunctive or other equitable relief in any court of competent jurisdiction in the event of your actual or threatened violation of these Terms of Service. This arbitration clause is intended to be broadly interpreted and will survive termination of these Terms of Service. If any part of this arbitration clause is deemed to be invalid or unenforceable, it shall not invalidate the remaining provisions of this dispute resolution section. Contact Information for Arbitration Notice For any arbitration-related notices, please use the contact information provided in Section 10 (Contact Information) of these Terms of Service. By using HeyCreator, you agree to this dispute resolution by binding arbitration. 14. User Responsibility for Uploaded Content By using HeyCreator, you acknowledge and agree that you are solely responsible for any videos, images, text, or other materials (collectively referred to as "Content") that you upload, share, or otherwise make available on our platform. This includes, but is not limited to, content created, edited, or curated by you. 1. Ownership and Rights: You retain full ownership and intellectual property rights to the Content you upload to HeyCreator. However, by uploading Content, you grant HeyCreator a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, and distribute the Content for the purpose of operating and promoting the HeyCreator platform, as outlined in our Terms of Service. 2. Compliance with Laws and Guidelines: You agree to comply with all applicable laws, including copyright laws, when uploading and sharing Content on HeyCreator. Additionally, you must adhere to HeyCreator's content guidelines and policies, which may be updated from time to time. Content that violates these guidelines may be subject to removal, and your account may be subject to suspension or termination. 3. Accuracy and Legality: You represent and warrant that the Content you upload is accurate, lawful, and does not infringe upon the rights of any third party. You are solely responsible for ensuring that your Content complies with all relevant laws, regulations, and the rights of others. 4. Prohibited Content: You agree not to upload, share, or promote any Content that is illegal, harmful, infringing, or violates HeyCreator's guidelines. Prohibited content includes but is not limited to hate speech, explicit adult content, violence, and any content that may cause harm or discomfort to users. 5. Privacy and Consent: When uploading Content featuring individuals other than yourself, you must obtain any necessary consents, permissions, or releases. You are responsible for respecting the privacy and rights of individuals depicted in your Content. 6. Data Backup: HeyCreator is not responsible for the backup of your uploaded Content. It is your responsibility to maintain copies of your Content, and HeyCreator recommends regular backup procedures to prevent data loss. 7. User Conduct: You agree not to engage in any conduct that violates HeyCreator's terms or policies, including the misuse of features or the platform for any unlawful or unauthorized purpose. 8. Reporting Violations: If you believe that any Content on HeyCreator violates these terms or the rights of others, please report it to HeyCreator promptly. By using HeyCreator, you affirm that you have read, understood, and agree to be bound by these conditions of use regarding your responsibility for the Content you upload on our platform. Failure to comply with these terms may result in the removal of Content, suspension, or termination of your account. 15. HeyCreator Membership and Payment Plans: When you sign up as a Creator on HeyCreator, you will be required to select a membership tier and a payment plan. You agree to pay HeyCreator the amount specified in the payment plan in accordance with the terms of such plan and these Terms of Services. You hereby authorize HeyCreator to bill your payment instrument in advance on a periodic basis as further described in our Payments and Fees section below. We reserve the right to change prices and/or fees for membership, as further described in our Payments and Fees section below. 16. Creator Subscription Benefits: We offer certain access and benefits to Creators who have signed up for an account or subscription on HeyCreator. Please email support@heycreator.co or information about subscriptions, including our current benefits and monthly fees. From time to time, we may offer different subscription tiers, and the fees for such membership may vary. The access and benefits may change over time as we operate the subscription program. We reserve the right to modify, suspend, or discontinue, temporarily or permanently, any subscription benefits or access from time to time with prior notice to you. Any subscription fees or other fees charged to you are non-refundable except as expressly set forth in these Terms of Service. We reserve the right to accept or refuse subscribers at our discretion. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE, AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU. YOU MAY CANCEL ANY TIME BY VISITING YOUR ACCOUNT SETTINGS AND CLICKING CANCEL SUBSCRIPTION. If you have any questions or concerns about these terms, please email us at support@heycreator.co