Creator Terms of Use and Privacy Policy

This Creator Terms of Use and Privacy Policy explains how Subless, Inc., a Delaware Corporation, (“Subless” “we,” or “us”) collects, uses, and discloses information about you, a “Creator”, and the terms you must accept when you: visit and interact with our site and receive payment through us from Patrons ((the “Service”).  By using the Service, you consent to our Creator Terms of Use and Privacy Policy. If you do not consent to this Creator Privacy Policy and Terms of Use,  simply do not use our Service.

 

TERMS OF PARTICIPATION.  Our Patrons set aside money each month to give to Creators like you.  These Patrons will use our Service to automatically distribute money they set aside to the Creators of content that the Patrons viewed over the previous month.

 

In this way, Subless allows you to automatically receive funds as if being tipped when a Patron visits your content. In addition, if you desire, Subless can allow you to provide additional content to Patrons in order to better develop a relationship with your supporters.

The benefits you get from being a Subless Creator can change based on how our Patrons use Subless. For example, some Patrons may use Subless as a convenient tipping system. You can access the details of the Patrons funding you, as well as information related to the payments you receive from these Patrons, on your creator profile page.

Subless take a 2% fee on each Patron’s monthly budget, then distributes the remaining 98% among the Creators and the platforms affiliated with Subless (the “Partners”)  that host creator content. 

To register as a Creator with Subless, you will need to establish an account and provide Subless with an email address linked to a paypal business account so that you can receive payment.

You may cancel your membership at any time. Canceling your membership means you will no longer receive payments from Subless.

PAYMENTS. When a Patron views your content on a Partner website, Subless records both the Creator who was viewed, and the Partner’s site on which they were viewed. Partners receive 20% of the funds garnered by a piece of content they host and you, as the Creator, get the remaining 80%.  For example, if your art piece garnered $10 from Patrons who viewed that art piece on a given Partner website, then you, as the Creator, would receive $8, and the Partner who runs that website would receive $2. 

ACCOUNT CANCELLATION.  We can disable your account at our discretion.  You can permanently delete your account at any time by going to your account page.  We can terminate or suspend your account at any time at our discretion.

 

WHAT IS REQUIRED OF YOU TO USE THE SERVICE.  Use of the Service requires the creation of a Subless user account ("User Account").  You are required to accurately complete and maintain the User Account and to provide us with all required information. 

 

USE RESTRICTIONS.  You agree not to do or attempt to do any of the following:

  • Use the Service if you are under eighteen years of age;

  • Use the Service to harm, threaten, or harass any person or organization;

  • Damage, disable, overburden, interfere with or impair use of the Service;

  • Enable unauthorized third-party applications to access or interface with the Service;

  • Harass, threaten, demean, embarrass, bully or otherwise harm any other Service user;

  • Use slurs, derogatory or explicitly violent language;

  • Share your password or otherwise authorize a third party to access or use the Service,

  • Sublicense or transfer any of your rights under these Creator Terms of Use and Privacy Policy;

  • Modify, copy or make derivative works based on the Service;

  • Otherwise use the Service in any manner that exceeds the scope of use granted to you in these Creator Terms of Use and Privacy Policy; or

  • Use unauthorized software or hardware to access or modify the Service.

WE CAN CHANGE OUR SERVICE.  The features in our Service are subject to change.  We will provide you notice of such changes by any reasonable means, including our posting of a notice on our Service or contacting you via email.

 

FRAUDULENT CREATORS AND PATRONS. We attempt to screen for fraudulent Partners and Patrons but cannot guarantee the identity of anyone using our technology, including other creators and Partners using Subless, nor the validity of any claims made by other creators or partners. We appreciate your help reporting suspicious Partner pages so we can keep our Service working for other creators making quality content and for the Patrons that make it all possible.

 

PERSONAL INFORMATION WE COLLECT ABOUT YOU WHEN YOU SET UP AN ACCOUNT AND USE OUR SERVICE.   At Subless, we value your privacy and are committed to protecting your information in compliance with all applicable privacy and data protection laws. This Terms of Use and Privacy Policy describes the personal information protected under applicable privacy and data protection laws, which we collect or process about you or that could identify you when you use our Service, and how and why we collect or process it.   Such information may include your contact information such as your name, shipping address(es), phone number and email address; your Subless username and password; and demographic information like your birthday and gender identity. We collect and otherwise process this Personal Information to establish and manage your Subless account and send you surveys when permitted under applicable law.

 

HOW WE COLLECT PERSONAL INFORMATION.  We collect Personal Information about you when you provide it to us directly. For example, you may provide Personal Information to us when you communicate with us using any means, create an account with us, use our Service, complete forms on our Service, seek technical or customer support from us with respect to our Services, submit questions or complaints to us, and otherwise provide us Personal Information about you.  We collect and otherwise process this Personal Information to (1) tailor your experience when accessing or using our Service; (2) operate and manage our business (including developing, maintaining and supporting our Service); (3) provide you marketing and other information; (4) Comply with applicable law; (5) establish, exercise or defend our legal claims and rights; and, (6) for any other purpose(s) set forth in any consent you provide.

 

WHY WE COLLECT PERSONAL INFORMATION. We also collect Personal lnformation about you when you use our Service because it is necessary to provide functionality to you and to recognize you when you use different devices to access our Service.  This Personal Information is also used for business purposes, such as identifying trends; developing or enhancing our Service; updating security protocols, and refining marketing messages we think may interest you.

NON-IDENTIFIABLE INFORMATION.  We may collect and use non-identifiable Personal Information for any purpose to the extent permitted by applicable law when you interact with us in any way.  We modify your Personal Information and make it non-identifiable as being yours, but still available for use in the functioning of our Service and for use in aggregate form. Examples of the Personal Information we capture include information that you input into the Service, notifications triggered by alert, your settings and your activities associated with your use of our Service (e.g. how frequently you use our Service, your user preferences, and particulars of your Service usage).  All usernames, passwords, and location data you input into our Service are de-identified.  If we are required to treat non-identifiable Personal Information differently under applicable law, then we may use it for all the purposes for which we use and disclose Personal Information, including to pursue our legitimate business purposes, operate, manage, and promote our business (including developing, maintaining and supporting our Service.

EMAIL.  We may send you emails related to your account, billing issues and other business purposes.

 

USE OF PERSONAL INFORMATION BY SERVICE PROVIDERS.  In non-identifying form, we share your Personal Information with third-party entities, business partners or others that provide services or perform functions on our behalf so that we may operate and manage our business, including but not limited to providing our Service to you.  These service providers include entities that provide us with marketing and surveys; data hosting, storage retrieval and analytics services; email and shipping services; legal functions and process; and control and compliance processes.  We operate in the United States but our service providers are in various countries throughout the world.

HOW WE SECURE PERSONAL INFORMATION.  We use appropriate administrative, organizational and technical safeguards to protect information from loss, misuse, and unauthorized access, disclosure, alteration and destruction in light of the nature of the information processed. Personal Information transmitted through our Service is encrypted when transmitted. Please note that no data transmission or storage system is guaranteed to be entirely secure.  We use appropriate administrative, organizational and technical safeguards to protect information from loss, misuse, and unauthorized access, disclosure, alteration and destruction. 

 

THIRD-PARTY SOFTWARE.  Our Service may include or provide links to third-party software components (“Third-Party Components”). If you utilize these Third-Party Components, you agree to be bound by applicable third-party licenses.  

 

NO WARRANTIES.  EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, OUR SERVICE  IS PROVIDED "AS-IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND YOU USE OUR Service AT YOUR OWN RISK.  WE DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE OR USE, QUIET ENJOYMENT, ACCURACY, OPERATION, COMPLIANCE WITH DOCUMENTATION AND NON-INFRINGEMENT.  WE DO NOT MAKE ANY WARRANTIES THAT OUR SERVICE OR ANY DATA OR REPORTS PROVIDED BY US WILL MEET YOUR REQUIREMENTS, BE RETRIEVABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED.  WE ALSO DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR Service.

 

LIABILITY LIMITATIONS.  TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SUBLESS’ AFFILIATES, LICENSORS, AND SUPPLIERS HAVE ANY LIABILITY WHATSOEVER ARISING FROM OR RELATING TO OUR SERVICE, WHETHER FOR DIRECT OR ANY OTHER TYPE OF DAMAGES WHATSOEVER, INCLUDING DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE OUR SERVICE, AND ANY CONSEQUENTIAL, UNFORESEEABLE, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR DAMAGES RESULTING FROM LOSS OF DATA OR BUSINESS INTERRUPTION WHETHER THE CLAIM OR DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), EXTRA-CONTRACTUAL LIABILITY, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.   

 

HOLD HARMLESS.  Except to the extent prohibited under applicable law, you agree to indemnify, defend and hold harmless Subless, our affiliates, licensors, and suppliers from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from any information you submit, post or transmit through our Service; your use of our Service; your violation of this Privacy Policy and Terms of Use; or your violation of any rights of any other person or entity.

 

TERMINATION.   You may terminate your use of the Service by simply ceasing your use of the Service. However, it is important for you to note that we may retain all of your Personal Information associated with your use of the Service as long as it is required or permitted by applicable law, (b) your rights to use the Service will terminate, and (c) the terms and conditions found in this Terms of Use and Privacy Policy shall survive such termination and continue to apply to the parties. Notwithstanding the foregoing, if your use of the Service is terminated for any reason, we may, without liability to you or any third party, immediately deactivate or delete your username, password and account, and all associated materials (including Personal Information), without any obligation to provide any further access to such materials.

 

GOVERNING LAW/FORUM.  These Terms of Use and Privacy Policy shall be governed by and construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without reference to choice of law principles. If a dispute arises between you and Subless with respect to these Terms of Use and Privacy Policy, we shall first attempt to resolve such dispute(s) through good faith negotiation. If such disputes cannot be resolved within thirty (30) days, we shall exclusively refer the dispute(s) to arbitration by serving written notice of its intention to arbitrate the dispute to the other party. The arbitration shall be conducted in accordance with the American Arbitration Association (“AAA”) for resolution through binding arbitration by a single arbitrator pursuant to AAA’s rules applicable to commercial disputes, as amended from time to time. All arbitrations shall take place in Allegheny County, Pennsylvania.  

 

SEVERABILITY.  In the event that any arbitrator or court holds any provision of these Creator Terms of Use and Privacy Policy to be void, invalid or unenforceable, such provision will be modified to the minimum extent necessary to be effective, valid and enforceable while preserving the original intentions of the parties to the greatest extent possible, and the other provisions of these Terms of Use and Privacy Policy will remain in full force and effect and enforceable according to their terms.

 

ASSIGNMENT.  We may assign these Creator Terms of Use and Privacy Policy in whole or in part at any time without notice. You may not assign these Creator Terms of Use and Privacy Policy or transfer any rights to use our Service. 

 

CHANGES TO OUR CREATOR TERMS OF USE AND PRIVACY POLICY.  From time-to-time, we may change our Creator Terms of Use and Privacy Policy. We will post any changes on our Service’s website. If we change our Creator Terms of Use and Privacy Policy significantly, we will notify you by adding a prominent notice on our Service or by sending you an email notification as required by applicable law. To the maximum extent permitted by applicable law, any changes will become effective when we post the updated Creator Terms of Use and Privacy Policy on our Service’s website, and your use of our Service following these changes means that you accept the updated Terms of Use and Privacy Policy.