Terms & Conditions
Use”). This is a legal agreement between you and AD ENTERPRISE, company registered in
that you and other visitors have the best possible experience while using the Website, and that,
when you use the Website, you understand your legal rights and obligations.
Please read this agreement, which governs your use of the Website, including any content,
functionality, and services offered on or through the Website. For the purpose of these Terms of
Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who
has agreed to become a creator on Platform by providing data while registering on the Platform
as creator. The term "Digicreatorhub","We","Us","Our" shall mean the Company By accessing the Website, you agree to this
agreement. If you do not want to agree to this agreement, you must not access the Website.
- Services Offered
The Website is an electronic platform in the form of an electronic marketplace and an
intermediary that a) Provides a platform for Users (Who are Creators) to distribute streaming
live, use services, such as chat, bulletin boards, forum postings, voice interactive services,
video interactive services and to participate in other activities in which you may create, post,
transmit, perform, or store content, messages, text, sound, images, applications, code or other
data or materials on the Services (“User Generated Content”) and offer to sell
various services to other Users (Who are buyers / Customers), and b) a platform for such other
users to accept the offer to sell content services by the creators on the website and to make
payments to creators for purchase of the services, and (c) services to facilitate the engagement
of buyers and creators to under commerce on the Website.
- Eligibility To Use
- The Services are not available to minors under the age of eighteen (18) or to any Users
suspended or removed from the Digicreatorhub system by Digicreatorhub for any reason
whatsoever. If You are disqualified as per the preceding sentence, You shall not be
permitted to avail of the Services or use the Website. You represent that You are of
legal age to form a binding contract and are not a person barred from receiving the
Services under as per local laws of your country.
- Digicreatorhub reserves the right to refuse access to use the Services offered at the
Website to new Users or to terminate access granted to existing Users at any time
without according any reasons for doing so.
- You shall not have more than one active Account (defined hereunder) on the Website.
Additionally, You are prohibited from selling, trading, or otherwise transferring Your
Account to another person.
- You are not accessing the Website from a place, country, or location in which doing so
would, or could be considered a violation of law;
- All information you provide to the Company is accurate, and you will promptly update
this information when necessary to make sure that it remains accurate;
- You own the payment method you pay with and authorize the Company (or its authorized
payment processing agent) to charge your payment method for the offers you purchase; and
- By logging on, you will have released and discharged the providers, owners, and creators
of the Website from all liability that may arise.
- Agencies cannot be Creators: Every Creator is the owner of their own account and must
have access to their account at all times. If you have an agent or agency, which assists
you with the operation of your Creator account (or operates it on your behalf), this
does not affect your personal legal responsibility. Our relationship is with you, and
not your agent or agency, and you will be legally responsible for ensuring that all
If you do not meet these requirements, you must not access the Website and must leave
- How to set up your account as a Creator account
3.1 Account Creation.
You must complete the registration process by providing the Company with accurate information as
prompted by the applicable registration form. You also will choose a password and a username. By
creating an account, you state that (a) all account registration, and profile information you
provide is your own and is accurate; (b) if you previously had an account on the Website, your
old account was not terminated or suspended by the Company for violation of this agreement; and
(c) your creating an account for your own personal use and you will not sell, rent, or transfer
your account to any third party.
If you choose to open a creator account (as opposed to a standard user account), you will
additionally provide to Digicreatorhub.com
- A Copy of your office Government photo id, i.e Passport, driving licence or national
- Photo of you holding the Government photo Id.
- Pan Card or Other tax identification documents as per your country of residence.
- Pay-out information i.e your bank details to make payment to you.
3.2 Responsibility for Account.
You are responsible for keeping your password and account confidential. Further, you are
responsible for all activities that occur under your account. You must notify the Company
promptly of any unauthorized use of your account or any other security breach.
3.3 Liability for Account Misuse.
The Company will not be liable for any loss that you may incur as a result of someone else using
your password or account, either with or without your knowledge. You could be held liable for
losses incurred by the Company or another party due to someone else using your account or
3.4 Use of Other Accounts.
You must not use anyone else’s account at any time.
3.5 Account Security.
The Company cares about the integrity and security of your personal information. But the Company
cannot guarantee that unauthorized third parties will never be able to defeat the
Website’s security measures or use any personal information you provide to the Company for
improper purposes. You acknowledge that you provide your personal information at your own risk.
- Content by Creators
4.1 In General.
Content posted, displayed, uploaded or published by you as a Creator on Digicreatorhub
- Your Content is not confidential, and you authorize your Buyers to access and view your
Content on Digicreatorhub for their own lawful and personal use, and in accordance with any
licenses that you grant to your Buyers.
- You warrant (which means that you make a legally enforceable promise to us) that for
each item of Content which you post, display, upload or publish on Digicreatorhub:
- You hold all rights necessary to license and deal in your Content on Digicreatorhub,
including in each territory where you have Buyers.
- You either own your Content (and all intellectual property rights in it) or have a valid
license to offer and supply your Content to your Buyers.
- If your Content includes or uses any third-party material, you have secured all rights,
licenses, written consents and releases that are necessary for the use of such
third-party property in your Content and for the subsequent use and exploitation of that
Content on Digicreatorhub; and the Content is of satisfactory quality, taking account of
any description of the Content, the price, and all other relevant circumstances
including any statement or representation which you make about the nature of the Content
on your account or in any advertising;
- Reasonably suitable for any purpose which the Buyer has made known to you is the purpose
for which the Buyer is using the Content; and as described by you.
- You agree that you will be liable to us and indemnify us if any of the warranties) is
untrue. This means you will be responsible for any loss or damage (including loss of
profit) we suffer as a result of any of the warranties being untrue.
- We are not responsible for and do not endorse any aspect of any Content posted by you or
any other User of Digicreatorhub. We do not have any obligation to monitor any Content and
have no direct control over what your Content may comprise.
- You also agree to act as custodian of records for the Content that you upload to Angels
4.2 Co-authored Content:
- If you upload Content to your Creator account which shows anyone else other than or
in addition to you (even if that person cannot be identified from the Content)
("Co-Authored Content"), you warrant (which means you make a
legally enforceable promise) that each individual shown in any Co-Authored Content
uploaded to your account:
- is a Creator on Digicreatorhub;
- has given his or her express, prior and fully informed consent to his or her
appearance in the Co-Authored Content; and
- has consented to the Co-Authored Content in which he or she appears being posted
- In addition to the confirmations in section 11(a) above, you agree that if you
upload Co-Authored Content where the other person or people appearing in the Content
can be identified from the Content, you will tag the Digicreatorhub account(s) of any
person or people appearing in the Co-Authored Content who can be identified from it.
- You must not upload any Content containing any image, photo, video or audio of
anyone else other than or addition to you unless such person is also a Creator on
- If any Co-Authored Content is a work of joint authorship, you are solely responsible
for obtaining any required licenses or consents from any other joint authors of the
Content which are sufficient to permit such Content to be uploaded to and made
available on Digicreatorhub.
- You agree that we will only pay out Creator Earnings to the account of the Creator
to which the Co-Authored Content is uploaded. The Creator who uploaded the
Co-Authored Content is solely responsible for dividing and distributing any revenue
generated from the Co-Authored Content between the Creators shown in such
Co-Authored Content. Any such revenue-sharing agreement shall be an independent,
private agreement between Creators, and we are not responsible for providing or
enforcing any such agreements. You understand and agree that you are not entitled to
any Creator Earnings earned on any Co-Authored Content in which you appear but which
is posted on another Creator’s account. If you post Co-Authored Content on
your account, we may require you to provide valid and complete legal information for
all individuals which appear in the Co-Authored Content. If you fail to provide any
information requested by us upon our request, we may delete the Co-Authored Content,
restrict 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 out
- You agree to release us from and not to make any claims against us arising from
Co-Authored Content. You agree that all claims arising from Co-Authored Content
shall be made against the Creator(s) who posted Co-Authored Content or appeared in
the Co-Authored Content (as applicable)
4.3 Payouts to Creators.
- A third-party payment provider approved by us will receive all Buyers Payments.
- WE collect all the the Buyer’s Payment and make share of revenues on your
dashboard, you can view all details for each purchase via transactions section on your
creator dashboard, we split revenues as :
We receive the Buyer Payment in full from the relevant payment provider. We will deduct
Our Fee from the Buyer Payment and then will hold the Creator Earnings on your behalf.
Your Digicreatorhub account will be updated within a reasonable time with your Creator
Earnings. Your Creator Earnings will become available for withdrawal by you from your
Digicreatorhub account once It is cleared by payment gateway. You can see uncleared payment
as pending balance.
To make a withdrawal of Creator Earnings from your account, you must have at least the
minimum payout amount in your account. Please click on the Banking page on your account
to see what the minimum payout amount is for your country of residence and Payout
The amount that you see in your ‘current balance’ in your account is your
Creator Earnings at the relevant time. All Buyers Payments and Creator Earnings will be
reflected in your local currency as per your country of residence after making exchange
rate from different currencies. Your bank may charge you currency conversion or transfer
fees to receive the money. Additionally, your e-wallet company may charge you a fee for
accessing the money. We do not have control over currency exchange rates or charges
imposed by your bank or your e-wallet company, and we are not responsible for paying any
charges imposed by your bank or your e-wallet company.
If a Buyer successfully seeks a refund or chargeback from their credit card provider in
respect of a Buyer Payment, we may investigate and may decide to deduct from your
account an amount equal to the Creator Earnings earned by you on the charged-back or
Except for Payout Options involving payment by direct bank transfer from us, we do not
store any data disclosed by you when you register your Payout Options with a third-party
- pay Our Fee on the Buyer Payment to an account held in our name; and
- pay the Creator Earnings to your bank account provided and verified by you while
registering creator account with us.
4.4 Chargeback/Disputed Payments
In case of chargebacks claimed by users or disputes raised on any payments, Digicreatorhub holds no
responsibility for the authenticity of such chargeback and will abide by the final judgement
passed by the Payment Gateway and the Bank that has issued the Credit Card, Debit Card or any
other medium of completing the transaction, including Wallets and UPI services.
- In the unfortunate event of such chargebacks or disputes, Digicreatorhub shall make honest
efforts in recovering the lost amount from the user and expect cooperation from the
Creators and may even reach out to the Creator to gather evidence and supporting
documents to be submitted to the clearing Banks and Payment Gateways. However, since
Digicreatorhub has no control over these chargebacks or disputes, in whatsoever form, the
Creator payout relating to such transactions shall be withheld by the platform until the
amounts are unconditionally cleared by the clearing banks and payment gateways.
- Creator shall not hold Digicreatorhub or any of its representatives responsible for such
withholding of the amounts.
4.5 Risk Transaction Policy
Digicreatorhub holds all its clients and Creators in very high esteem. To ensure smooth functioning
of the platform and a seamless experience to both Customers and Creators, we have an internal
team which keeps a tab on all the transactions.
If any of the transactions are identified as suspicious or risky by the internal risk team, in
any manner possible, Digicreatorhub shall be eligible to classify these transactions into
The kind of transactions that may fall into this category include: Credit Card/UPI/Payment
Wallet/Debit Card or other payment method wherein the details of the Customer do not match to
the payment method used for transaction. Also, wherein a high spender on the platform spends a
considerable amount only on one or a particular set of Creator/s.
On any transactions being identified as ‘Risk Transactions’, neither the Customer;
nor the Creator shall get credit for such purchases into their respective accounts till such
time these entries are cleared by the Banking channels through which the transactions are done.
The holdback for such Risk Transactions could range from 90 days to 180 days depending on the
banking channel/partner used for the Transactions and Digicreatorhub holds no role to play in these
4.6 Circumstances in which we may withhold Creator Earnings
We may withhold all or any part of the Creator Earnings due to you but not yet paid out:
- if we think that you have or may have seriously or repeatedly breached any part of the
think has or could have serious consequences for us or another User (including
actual or possible loss caused to us or another User); or
- if we suspect that all or any part of the Creator Earnings result from unlawful
activity, either by you or by the Buyer who made the Buyer Payment resulting in the
- for as long as is necessary to investigate the actual, threatened or suspected breach by
you or the suspected unlawful activity (as applicable). If following our investigation,
we conclude that (i) you have seriously or repeatedly breached any part of the Terms of
way which has or could have serious consequences for us or another User (including
actual or possible loss caused to us or another User), and/or (iii) the Creator Earnings
result from unlawful activity, we may notify you that you have forfeited your Creator
- We shall not have any responsibility to you if we withhold or forfeit any of your
- If we are withholding all or any part of the Creator Earnings due to you and we
determine that part of the Creator Earnings withheld by us is unrelated to breaches by
of the Creator Earnings which we determine to be unrelated to breaches by you of the
Creator Earnings due to you but not yet paid and we may set off such amounts against any
losses suffered by us.
- If once we have finished our investigation we determine that Creator Earnings are
forfeited, we will use our best efforts to return any Buyer Payments, which resulted in
forfeited Creator Earnings to the relevant Buyer who paid such Buyer Payments.
- Tax Compliance – VAT & GST
5.1 In General:
We recommend that all Creators seek professional advice to ensure you are compliant with your
local Tax and VAT rules, based on your individual circumstances.
- 5.2 By using Digicreatorhub as a Creator, you warrant (which means you make a legally
enforceable promise) that you have reported and will report in the future the receipt of all
payments made to you in connection with your use of Digicreatorhub to the relevant Tax
authority in your jurisdiction, as required by law.
- 5.3 By using Digicreatorhub as a Creator you warrant (which means you make a legally
enforceable promise) that you will at all times comply with all laws and regulations
relating to Tax which apply to you. If, at any point whilst you have an Digicreatorhub account,
any Tax non-compliance occurs in relation to you (including a failure by you 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 will:
- notify us by email to support@digicreatorhub in writing within 7
days of the occurrence of the Tax non-compliance or the commencement of the litigation,
enquiry or investigation (as applicable); and
- promptly provide us by email to support@digicreatorhub with:
- details of the steps which you are taking to address the occurrence of the Tax
non-compliance and to prevent the 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 we
may reasonably require.
- 5.4 For the avoidance of doubt, you are responsible for your own Tax affairs and Digicreatorhub
is not responsible or liable for any non-payment of Tax by Creators.
- 5.5 We reserve the right to close your Digicreatorhub account if we are notified of or become
aware of any Tax non-compliance by you.
- User Conduct
6.1 You must not engage in any of the following prohibited activities:
- copying, distributing, or disclosing any part of the Website in any medium, including by
any automated or non-automated “scraping;”
- using any automated system, including “robots,” “spiders,”
“offline readers,” etc., to access the Website;
- transmitting spam, chain letters, or other unsolicited email;
- attempting to interfere with, compromise the system integrity or security, or decipher
any transmissions to or from the servers running the Website;
- taking any action that imposes, or may impose at the Company’s sole discretion an
unreasonable or disproportionately large load on the Website infrastructure;
- uploading invalid data, viruses, worms, or other software agents through the Website;
- collecting or harvesting any personally identifiable information, including account
names, from the Website;
- using the Website for any commercial solicitation purposes;
- impersonating another person or otherwise misrepresenting your affiliation with a person
or entity, conducting fraud, hiding or attempting to hide your identity;
- interfering with the proper working of the Website;
- accessing any content on the Website through any technology or means other than those
provided or authorized by the Website; or
- bypassing the security measures that the Company may use to prevent or restrict access
to the Website, including features that prevent or restrict use or copying of any
content or enforce limitations on use of the Website or the content located on it.
6.2 You must not do any of the following while using the Website’s interactive
- harass, stalk, threaten, embarrass, or cause distress or discomfort to an Creator;
- use language that could be considered offensive or likely to harass, upset, intimidate,
embarrass, alarm, or annoy;
- transmit any information, data, text, files, links, software, communication, or other
materials that a reasonable person would consider to be unlawful, harmful, threatening,
abusive, harassing, defamatory, libelous, slanderous, vulgar, obscene, hateful, or racially,
ethnically, or otherwise objectionable;
- create, upload, post, display, publish, or distribute any content that violates
another’s copyright, trademark, right of privacy, right of publicity, or other
property or personal right (for example, using the name, likeness, image, or other identity
of another without proper consent);
- distribute messages between you and any Creator;
- record, rebroadcast, or distribute any video or other content found on the Website;
- post private or personal data about any person;
- request personal data from or share your personal data with any Creator, including financial
information, email address, telephone number, or mailing address;
- request money from, or otherwise defraud, an Creator;
- impersonate any person;
- discuss or engage in any activity that may be considered obscene in your community or may be
generally considered obscene worldwide, including pedophilia, the exploitation of children,
age-play, incest, rape, extreme violence, genital mutilation, sadomasochistic abuse or
bondage, torture, bestiality, necrophilia, urination, defecation, “going to the
bathroom,” enema play, vomiting, menstrual bleeding, or paraphilia;
- offer or solicit money or other consideration in exchange for sex;
- advertise, promote, or solicit prostitution or escort services;
- promote or advertise firearms or other weapons, tobacco, drugs, or drug paraphernalia;
- discuss, facilitate, or promote any illegal activity (including posting links to other
websites that deal with illegal activities), or advocate, facilitate, promote, or assist any
- post or transmit any unsolicited advertising, promotional materials, or other forms of
solicitation through the Website, including the solicitation of Creators for commercial
ventures or for prostitution or escort services;
- transmit “junk mail,” “chain letters,” or “spam;” or
- engage in antisocial, disruptive, or destructive behavior, including “bombing,”
“flaming,” “flooding,” “trolling,” and
“griefing” as those terms are commonly understood and used on the Internet.
6.3 If you threaten, harass, bully, or stalk any Creator through the Website or any
third-party social media platform, that Creator may terminate your access to their profile
or private third-party social media account. If an Creator terminates your access to their
profile or private third-party social media account because you engaged in this type of
behavior or any other behavior that violates this section 7 or that third-party social media
platform’s terms, policies, or guidelines, you will not receive a refund or any
- User Content
7.1 Content Ownership.
You retain all ownership rights to content uploaded to the Website.
7.2 Content License.
By submitting content to the Website, you hereby grant the Company a worldwide, nonexclusive,
royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, prepare
derivative works of, display, and perform the content in connection with the Website and the
Company’s (and its successors’ and affiliates’) business, including for
promoting and redistributing part or all of the Website (and derivative works of it) in any
media formats and through any media channels.
- Third-Party Content.
Through the Website, you will have the ability to access or use content provided by third
parties. The Company cannot guarantee that third-party content will be free of material you may
find objectionable or otherwise. The Company will not be liable to you for your access or use of
any third-party content.
- Links to other Websites.
The Website may contain links to third-party websites or resources. You acknowledge that the
Company is not responsible or liable for (1) the availability or accuracy of those websites or
resources; or (2) the content, products, or services on or available from those websites or
resources. Links to third-party websites or resources do not imply any endorsement by the
Company of those websites or resources. You acknowledge sole responsibility for and assume all
risk arising from your use of any third-party websites or resources.
- Third-Party Social Media Platforms.
The Company does not own, operate, or control third-party social media platforms. Your use of any
third-party social media platform in connection with your subscription is subject to that
third-party social media platform’s terms, policies, and guidelines. If your third-party
social media platform account is suspended or terminated as a result of your violation of that
third-party social media platform’s terms, policies, or guidelines, you will not receive a
refund or credit for any lost access due to a third-party social media platform’s
suspension or termination of your account with that platform.
- No Endorsement.
The Company operates the Website as a neutral host, and the Company does not regularly monitor,
regulate, or police the Website’s use by any of its participants. The participation in the
Website by a visitor, user, Creator, studio, or other third party (collectively, the
“participants”) does not constitute the Company’s endorsement
that participant. The Company is not responsible for the acts, omissions, agreements, promises,
content, products, or other services, comments, opinions, advice, statements, offers, or
information of any participant. Participants are independent parties, and the Company does not,
and will not, have any responsibility or liability for the acts, omissions, agreements,
promises, comments, opinions, advice, statements, or offers of any participant.
For information about how the Company collects, uses, and shares your information, please review
acknowledge that, by using the Website, you consent to the collection, use, and sharing (as
that information (including the transfer of this information to the Netherlands or other
countries for the Company’s storage, processing, and use).
- Copyright Policy.
The Company respects the intellectual property rights of others and expects the Website’s
users to do the same. The Company will respond to notices of alleged copyright infringement that
comply with applicable law and are properly provided to the Company. If you believe that your
content has been copied in a way that constitutes copyright infringement, please provide the
Company’s copyright agent with the following information:
- a physical or electronic signature of the copyright owner or a person authorized to act
on their behalf;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit the Company to locate the material;
- your contact information, including your address, telephone number, and an email
- a statement by you that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate, and, under penalty of
perjury, that you are authorized to act on behalf of the copyright owner.
- It is the Company’s policy in appropriate circumstances to disable or terminate
the user accounts of repeat infringers in accordance with the Company’s repeat
- Monitoring and Enforcement
14.1 The Company may do any of the following:
- Remove or refuse to post any submission or communication for any reason, including
obscene or defamatory material or excessive length;
- Take any action against any submission or communication that the Company considers
necessary or appropriate, including if the Company believes that the submission or
communication breaches this agreement, infringes any intellectual property right of any
person, threatens the personal safety of users of the Website or the public, or could
create liability for the Company;
- Disclose your identity or other information about you to any person who claims that your
submission or communication violates their rights, including their intellectual-property
rights or their privacy rights;
- Take appropriate legal action, including referral to law enforcement, for any illegal or
unauthorized use of the Website; or
- Terminate or suspend your access to all or part of the Website for any reason, including
breach of this agreement.
14.2 The Company will fully cooperate with any law enforcement authorities or court order
requesting or directing the Company to disclose the identity of or other information about
anyone posting any submission or communication on or through the Website or otherwise engaging
in any alleged wrongful conduct. You hereby waive any claims you might have against the
Company—including its affiliates, licensees, and service providers—resulting from
any action taken by the Company during or because of the Company’s investigations and from
any actions taken as a consequence of investigations by either the Company or law enforcement
14.3 The Company cannot and does not review all material before it is posted on the Website and
cannot ensure prompt removal of objectionable material after it has been posted. You remain
solely responsible for the content of your submissions and communications. The Company will not
be liable for any action or inaction regarding submissions, transmissions, communications, or
content provided by any user or third party. The Company will not be liable to anyone for
performance or nonperformance of the activities described in this section 15. But if you know of
any submission or communication that violates this agreement, please email the Company
at support@digicreatorhub Please provide as
much detail as possible, including (1) a copy of the objectionable submission or the location
where the Company may find it, (2) the reason the Company should remove it, and (3) a statement
certifying the accuracy of the information you provided to the Company.
- Changes to the Website; Availability
- 15.1 Although the Company may update the content on the Website on one or more occasions,
the content is not necessarily complete or up-to-date. Any of the material on the Website
may be out of date at any given time, and the Company is not required to update that
material. If you believe you have found errors or omissions on the Website, you can bring
them to the Company’s attention by email at support@digicreatorhub
- 15.2 While the Company will try to make sure that the Website is always available, it does
not guarantee continuous, uninterrupted, or secure access to the Website. Many factors or
circumstances outside of the Company’s control may interfere with or adversely affect
its operation of the Website.
- Compliance with Law.
The Company is located in the England. The Company is not making any statement that the Website
or any of its content is accessible or appropriate outside of the England. Access to the Website
might not be legal by certain persons or in certain countries. If you access the Website from
outside the England, you do so on your own initiative and are responsible for complying with all
local laws. If you access the Website in a jurisdiction that prohibits or restricts its use, the
Company will not have any liability to you for your use of the Website.
- Acknowledgements and Warranty Disclaimers
- You acknowledge that the Company cannot and does not state that files available for
downloading from the Internet or the Website will be free from loss, corruption, attack,
viruses or other destructive code, interference, hacking, or other security intrusions.
You are responsible for implementing sufficient procedures and checkpoints to satisfy
your particular requirements for antivirus protection and accuracy of data input and
output, and for keeping a means external to the Website for any reconstruction of any
lost data. The Company will not be liable for any loss or damage caused by a distributed
denial-of-service (DDoS) attack, viruses, or other technologically harmful material that
might infect your computer equipment, computer programs, data, or other proprietary
material due to your use of the Website or any services or items obtained through the
Website or to your downloading of any material posted on the Website, or on any website
linked to the Website.
- The Company is not making any warranty about the availability or functionality of any
third-party social media platform. You acknowledge that the Company is not affiliated
with any third-party social media platform and that third-party social media platforms
do not sponsor or endorse the Company or the Website. You further acknowledge that the
Company has no control over third-party social media platforms and that third-party
social media platforms may suspend or terminate an Creator account that you subscribe to
for violation of that third-party social media platform’s terms, policies, or
guidelines at any time.
- You acknowledge that the Website includes content provided by third parties, including
materials provided by other users, Creators, studios, third-party licensors,
syndicators, or aggregators (collectively, “Third-Party
Materials”), and that the Company does not prescreen or
preemptively monitor Third-Party Materials. All statements or opinions expressed in
Third-Party Materials, and all responses to questions and other content, other than the
content provided by the Company, are solely the opinions and the responsibility of the
person providing Third-Party Materials. Third-Party Materials do not reflect the opinion
of the Company. The Company will not be liable to you or any other person for the
content or accuracy of any Third-Party Materials. You further acknowledge that you may
be exposed to Third-Party Materials that are inaccurate, offensive, indecent, obscene,
or otherwise objectionable, and you hereby waive any legal or equitable rights or
remedies you have or may have against the Company with respect to those Third-Party
- Your use of the Website, its content, and any services or items obtained through
the Website is at your own risk. The Company provides the Website, its content, and
any services or items obtained through the Website “as is,” “with
all faults,” and “as available,” without making any warranty,
either express or implied. The Company is not making any warranty (1) that the
Website, its content, or any services or items obtained through the Website will be
accurate, reliable, error-free, or uninterrupted; (2) that defects will be
corrected; (3) that the Website or the server that makes it available are free of
viruses or other harmful components; or (4) that the Website or any services or
items obtained through the Website will otherwise meet your needs or
- The Company is not making any warranty, whether express, implied, statutory, or
otherwise, including any warranty of merchantability, title, noninfringement,
privacy, security, and fitness for particular purpose. No advice or information,
whether oral or written, obtained from the Company, the Website, or elsewhere will
create any warranty not expressly stated in this agreement.
- Limit on Liability; Release
The Company, its subsidiaries, affiliates, licensors, service providers, content providers,
employees, agents, officers, and directors will not be liable to you for any of the following:
- A third-party social media platform’s suspension or termination of your account or
the private third-party social media account of any Creator you purchase access to;
- An Creator’s failure to add you to the Creator’s private third-party social
- Errors, mistakes, or inaccuracies of content;
- Personal injury or property damage resulting from your access to and use of the Website
or its content;
- Content or conduct that is infringing, inaccurate, obscene, indecent, offensive,
threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal;
- Unauthorized access to or use of the Company’s servers and any personal or
financial information stored in them, including unauthorized access or changes to your
submissions, transmissions, or data;
- Interruption or cessation of transmission to or from the Website;
- Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be
transmitted to or through the Website by any person or that might infect your computer
or affect your access to or use of the Website, your other services, hardware, or
- Incompatibility between the Website and your other services, hardware, or software;
- Delays or failures you might experience in starting, conducting, or completing any
transmissions to or transactions with the Website; or
- Loss or damage incurred because of the use of any content posted, emailed, sent, or
otherwise made available through the Website.
- You hereby release the Company, its subsidiaries, affiliates, licensors, service
providers, content providers, employees, agents, officers, and directors from all
liability arising out of submissions or the conduct of other users or third parties,
including disputes between you and one or more other users or third parties.
- Exclusion of Damages; Exclusive Remedy
- Unless caused by gross negligence or intentional misconduct, the Company, its subsidiaries,
affiliates, licensors, service providers, content providers, employees, agents, officers,
and directors will not be liable to you for any direct, indirect, special (including
so-called consequential damages), statutory, punitive, or exemplary damages arising out of
or relating to your access or your inability to access the Website or the content. This
exclusion applies regardless of theory of liability and even if you told the Company about
the possibility of these damages or the Company knew or should have known about the
possibility of these damages.
- The Company, its subsidiaries, affiliates, licensors, service providers, content providers,
employees, agents, officers, and directors also will not be liable to you for any damages
for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of
revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use,
(8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure
related to your access of or your inability to access the Website or the content. This
exclusion applies regardless of theory of liability and even if you told the Company about
the possibility of these damages or the Company knew or should have known about the
possibility of these damages.
- If you are dissatisfied with the Website or have any other complaint, your exclusive remedy
is to stop using the Website and cancel your subscriptions. The maximum liability of the
Company and its subsidiaries, affiliates, licensors, service providers, content providers,
employees, agents, officers, and directors to you for any claim will not exceed the greater
of $100 or the amount you have paid to the Company for the applicable purchase out of which
liability arose even if the remedy fails of its essential purpose.
- Scope of Disclaimers, Exclusions, and Limits.
The disclaimers, exclusions, and limits stated in sections 18, 19, and 20 apply to the greatest
extent allowed by law, but no more. The Company does not intend to deprive you of any mandatory
protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of
some warranties, the exclusion of some damages, or other matters, one or more of the
disclaimers, exclusions, or limits will not apply to you.
21.1 In General.
You will pay the Company, its directors, officers, employees, agents, contractors, subsidiaries,
affiliates, partners, licensors, content providers, and service providers (collectively, the
“Indemnified Parties”) for any loss of an Indemnified Party that is caused by any of
the following (whether actual or alleged): (a) your use of the Website; (b) your breach of this
agreement; (c) your violation of law; (d) your submission, posting, or transmission of user
content to the Website; or (e) your violation of a third party’s rights. But you are not
required to pay if the loss was caused by the Indemnified Party’s actual intentional
- "Loss"means an amount that the Indemnified Party is legally
responsible for or pays in any form. Amounts include, for example, a judgment, a settlement,
a fine, damages, injunctive relief, staff compensation, a decrease in property value, and
expenses for defending against a claim for a loss (including fees for legal counsel, expert
witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily
injury, property damage, or other causes; can be based on tort, breach of contract, or any
other theory of recovery; and includes incidental, direct, and consequential damages.
- A loss is “caused by” an event if the loss would not
have happened without the event, even if the event is not a proximate cause of the loss.
21.3 Indemnified Party’s Duty to Notify You.
The Indemnified Party will notify you before the 30th day after the Indemnified Party knows or
should reasonably have known of a claim for a loss that you might be compelled to pay. But the
Indemnified Party’s failure to timely notify you does not end your obligation, except if
that failure prejudices your ability to defend or mitigate losses.
21.4 Legal Defense of a Claim.
The Indemnified Party has control over defending a claim for a loss (including settling it)
unless the Indemnified Party directs you to control the defense. If the Indemnified Party
directs you to control the defense, you will not settle any litigation without the Indemnified
Party’s written consent if the settlement (1) imposes a penalty or limitation on the
Indemnified Party, (2) admits the Indemnified Party’s fault, or (3) does not fully release
the Indemnified Party from liability. You and the Indemnified Party will cooperate with each
other in good faith on a claim.
21.5 No Exclusivity.
The Indemnified Parties’ rights under this section 22 do not affect other rights they might
- Governing Law; Place for Resolving Disputes
- 22.1 The laws of the England, without giving effect to any conflicts of law principles,
govern all matters arising out of or relating to the Website or this agreement. The
predominant purpose of this agreement is providing services and licensing access to
intellectual property and not a “sale of goods.” This agreement will not be
governed by the United Nations Convention on Contracts for the International Sale of Goods,
the application of which is expressly excluded.
- 22.2 Except for disputes subject to arbitration, all disputes arising out of or relating to
the Website or this agreement will be subject to the exclusive jurisdiction and venue of the
courts of competent jurisdiction located in England. Each party hereby submits to the
personal jurisdiction of the courts of competent jurisdiction located in England to resolve
all disputes not subject to arbitration. Each party hereby waives any right to seek another
forum or venue because of improper or inconvenient forum.
- 23.3 For purposes of this section 23, the Website will be deemed solely based in England and
will be deemed a passive website that does not give rise to personal jurisdiction over the
Company, either specific or general, in any other jurisdiction.
- Dispute Resolution
- Litigation Election. Either party may elect to litigate the following type
of case or controversy: (a) an action seeking injunctive or other equitable relief, or (b) a
suit to compel compliance with this dispute resolution procedure.
- NegotiationEach party will allow the other a reasonable opportunity to
comply before it claims that the other has not met the duties under this agreement. The
parties will first meet and negotiate with each other in good faith to try to resolve all
disputes between the parties arising out of or relating to the Website.
- MediationIf the parties cannot settle a dispute arising out of or relating
to the Website or this agreement through negotiation after 30 days, either party may, by
notice to the other party and the International Chamber of Commerce (ICC), demand mediation
under the ICC Mediation Rules. Mediation will take place in England. The language of the
mediation will be English. Each party will bear its own costs in mediation, and the parties
will share equally between them all third-party mediation costs unless the parties agree
differently in writing. Each party will participate actively and constructively in mediation
proceedings once started and will attend at least one joint meeting between the mediator and
the parties. Any party may terminate mediation at any time after an initial meeting between
the mediator and the parties.
- Procedure. If the parties cannot settle a dispute through mediation, the
parties will settle any unresolved dispute arising out of or relating to the Site or this
agreement by binding arbitration administered by the ICC in accordance with the Rules of
Arbitration of the International Chamber of Commerce. The arbitrator, and not any court or
agency, will have exclusive authority to resolve any dispute arising under or relating to
the interpretation, applicability, enforceability, or formation of this agreement, including
any claim that any part of this agreement is void or voidable.
- LocationUnless the parties agree otherwise, the arbitration will take place
- Fees. Each party will be responsible for paying any filing, administrative,
and arbitrator fees associated with the arbitration.
- Award. The award rendered by the arbitrator must include costs of
arbitration, reasonable legal fees, and reasonable costs for expert and other witnesses, and
any judgment on the award rendered by the arbitrator may be entered in any court of
- Confidentiality. Unless required by law, neither a party nor an arbitrator
will disclose the existence, content, or results of any arbitration under this agreement
without the advance written consent of both parties.
- Right to Injunctive ReliefThe parties acknowledge that breach by either
party of the obligations under this agreement could cause irreparable harm for which damages
would be an inadequate remedy. Nothing in this section 24 will prevent either party from
seeking injunctive or other equitable relief from the courts for matters related to data
security, intellectual property, or unauthorized access to the Website, in each case without
posting a bond or other security and without proof of actual money damages in connection
with the claim.
- Recovery of Expenses.In any proceedings between the parties arising out of
or relating to the subject matter of this agreement, the prevailing party will be entitled
to recover from the other party, besides any other relief awarded, all expenses that the
prevailing party incurs in those proceedings, including legal fees and expenses. For
purposes of this section 24.6, “prevailing party” means, for any proceeding, the
party in whose favor an award is rendered, except that if in those proceedings the award
finds in favor of one party on one or more claims or counterclaims and in favor of the other
party on one or more other claims or counterclaims, neither party will be the prevailing
party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement
of that dispute, neither party will be the prevailing party in those proceedings.
- Jury Trial WaiverEach party hereby waives its right to a trial by jury in
any proceedings arising out of, or relating to the subject matter of, this agreement. Either
party may enforce this waiver up to and including the first day of trial.
- Class Action WaiverAll claims must be brought in the parties’
individual capacity, and not as a plaintiff or class member in any purported class or
representative proceeding, and, unless the Company agrees otherwise, the arbitrator will not
consolidate more than one person’s claims. Both parties acknowledge that each party is
waiving the right to participate in a class action.
- Limitation on Time to Bring Claims. . A party will not bring a claim
arising out of or relating to the Website or this agreement more than one year after the
cause of action arose. Any claim brought after one year is barred.
24.1 Entire Agreement.
This agreement constitutes the entire agreement between you and the Company about your access to
and use of the Website. It supersedes all earlier or contemporaneous agreements between you and
the Company about access to and use of the Website. A printed version of this agreement will be
admissible in any proceedings arising out of or relating to this agreement to the same extent
and subject to the same conditions as other business documents and records originally generated
and kept in printed form. Any additional terms on the Website will govern the items to which
24.2 Copy of this Agreement.
You may, and the Company recommends that you, print this agreement on your printer or save them
to your computer. If you have trouble printing a copy, please email the Company at support@digicreatorhub and the Company will email
you a copy.
The Company may change this agreement on one or more occasions. The Company will try to post
changes on the Website at least 15 days before they become effective. Changes will become
effective on the “last updated” date stated at the top of this page. Changes will
not apply to continuing disputes or to disputes arising out of (or relating to) events happening
before the posted changes. While the Company will try to notify you when the Company changes
this agreement, the Company does not assume an obligation to do so, and it is your
responsibility to frequently check this page to review the most current agreement. By continuing
to use the Website after the Company posts changes to this agreement, you agree to the revised
agreement. If you do not agree to the revised agreement, your exclusive remedy is to stop
accessing the Website. If you need more information about the changes or have any other
questions or comments about the changes, please contact the Company at support@digicreatorhub
24.4 Assignment and Delegation.
The Company may assign its rights or delegate any performance under this agreement without your
consent. You will not assign your rights or delegate your performance under this agreement
without the Company’s advanced written consent. Any attempted assignment of rights or
delegation of performance in breach of this section 25.4 is void.
24.5 No Waivers.
The parties may waive any provision in this agreement only by a writing signed by the party or
parties against whom the waiver is sought to be enforced. No failure or delay in exercising any
right or remedy, or in requiring the satisfaction of any condition, under this agreement, and no
act, omission, or course of dealing between the parties, operates as a waiver or estoppel of any
right, remedy, or condition. A waiver made in writing on one occasion is effective only in that
instance and only for the purpose stated. A waiver once given is not to be construed as a waiver
on any future occasion or against any other person.
The parties intend as follows:
- that if any provision of this agreement is held to be unenforceable, then that provision
will be modified to the minimum extent necessary to make it enforceable, unless that
modification is not permitted by law, in which case that provision will be disregarded;
- that if modifying or disregarding the unenforceable provision would result in failure of an
essential purpose of this agreement, the entire agreement will be held unenforceable;
- that if an unenforceable provision is modified or disregarded in accordance with this
section 25.6, then the rest of the agreement will remain in effect as written; and
- that any unenforceable provision will remain as written in any circumstances other than
those in which the provision is held to be unenforceable.
- Sending Notice to the Company.You may send notice to the Company by email
at support@digicreatorhub unless a specific
email address is set out for giving notice. The Company will consider an email notice
received by the Company only when its server sends a return message to you acknowledging
receipt. The Company may change its contact information on one or more occasions by posting
the change on the Website. Please check the Website for the most current information for
sending notice to the Company.
- Sending Notice to You—Electronic Notice. You consent to
receiving any notice from the Company in electronic form either (1) by email to the last
known email address the Company has for you or (2) by posting the notice on a place on the
Website chosen for this purpose. The Company will consider notices sent to you by email
received when its email service shows transmission to your email address. You state that any
email address you gave the Company for contacting you is a current and valid email address
for receiving notice, and that your computer has hardware and software configured to send
and receive email through the Internet and to print any email you receive.
24.8 Force Majeure.
The Company is not responsible for any failure to perform if unforeseen circumstances or causes
beyond its reasonable control delays or continues to delay its performance, including:
- Acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other
- War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
- Fiber cuts;
- Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;
- Failure of the telecommunications or information services infrastructure; and
- Hacking, SPAM, or any failure of a computer, server, network, or software.
- No Third-Party Beneficiaries. This agreement does not, and the parties do not intend it
to, confer any rights or remedies on any person other than the parties to this
- Relationship of the Parties. This agreement does not, and the parties do not intend it
to, create a partnership, joint venture, agency, franchise, or employment relationship
between the parties and the parties expressly disclaim the existence of any of these
relationships between them. Neither of the parties is the agent for the other, and
neither party has the right to bind the other on any agreement with a third party.
24.9 Successors and Assigns.
This agreement inures to the benefit of, and are binding on, the parties and their respective
successors and assigns. This section 25.11 does not address, directly or indirectly, whether a
party may assign rights or delegate obligations under this agreement. Section 25.4 addresses
24.10 Permission to Email You.
You grant the Company permission to email you notices, advertisements, and other communications
to you, including emails, advertisements, notices, and other communications containing adult
oriented material, sexual content and language, and images of nudity unsuitable for minors. Your
permission will continue until you ask the Company to remove you from its email list. For more
information, please see the Privacy
24.11 Electronic Signatures.
Any affirmation, assent, or agreement you send through the Website will bind you. You acknowledge
that when you click on an “I agree,” “I consent,” or other similarly
worded “button” or entry field with your finger, mouse, keystroke, or other device,
your agreement or consent will be legally binding and enforceable and the legal equivalent of
your handwritten signature.
IT 365 CAFE PRIVATE LIMITED, C/o Subramanya, Near Vinayaka Talkies, Gunjur Main Roa Bangalore KA 560048 IN.
Any Question Please Contact On – firstname.lastname@example.org