ACCEPTABLE USE POLICY
Last Updated: April 3, 2023
THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.
Your Information and Disclosure to Third Parties
Mobile Devices and Mobile Applications
If you use a mobile device to access the Platform optimized for mobile-viewing or use a mobile application, the following additional terms and conditions (“Mobile Terms”) also apply to you. Your access to the Platform via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms.
You understand that wireless service through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Platform or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.
The terms “you,” “your” and “user” refer to any person who accesses the site for any reason.
The term “Creator” refers to a user who registers and creates a Creator account and posts, displays, uploads, or publishes Content to the Platform using that account. For the avoidance of doubt, all Creators are also Members (but not all Members are Creators).
The term “Member” refers to a user who registers and creates an account on the Platform.
The term “Content” refers to any material posted on the Platform in any manner by a Creator or Member including but not limited to images, audio, videos, live streaming, text or words in any form, including general posts and public or private messages, between any persons using the Platform.
Eligibility and Account Registration
To use the Platform, you must first register and create an account on the Platform. You must provide a valid and verified email address.
To register and open an account on the Platform for any purpose:
you must be at least 18 years old;
if the laws of the country, state/province, or jurisdiction where you live provide that you can only be legally bound by a contract with us at an age that is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the location where you live; and
you must not be barred from accessing and/or using our Platform under any laws that apply to you or the operation of the Platform.
You will be required to verify the above information at the time you register and create an account and at any other time that the Platform determines is appropriate to verify this information. If you do not meet the above requirements, you may not access, open an account, or otherwise use the Platform in any manner whatsoever. No person may register and create an account for another person with the intent to subvert these requirements.
When you register and create an account on the Platform and/or use the Platform in any way, you make the following commitments to us:
If you previously registered and/or created an account with the Platform, you confirm that any other account you created or registered was not terminated or suspended by us because you violated any of our terms or policies;
All information you submit must be truthful, accurate, and complete;
The account you are creating is for your own use and not for the use of another individual. You will make every effort to ensure that no other individual is utilizing your account;
You are responsible for all activity on your account even if, contrary to the Terms, someone else uses your account;
You have the legal right and authority to use any payment methods used for purchases or other payments on the Platform;
You will update promptly any of your information you have submitted to us when it changes. We will rely on the contact information that you provide to us. Whenever you change your email or mobile number, you agree to notify us via email at email@example.com;
You will keep your account/login details confidential and secure, including your user details, and any other piece of information that forms part of our security procedures. You will not disclose this information to anyone else;
You will contact Customer Support at firstname.lastname@example.org promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer so that others are not able to access, view or record your user details or other personal information; and
Electronic Communications and Disclosures Consent
You consent to us providing Disclosures (as defined below) to you, communicating with you, and otherwise conducting business with you electronically, including through email and messages posted to your Account. As used in this Electronic Communications and Disclosures Consent, the term “Account” means all accounts, products, or services you have with us or that we provide to you. You are also agreeing to use electronic records and signatures throughout the course of our relationship. You understand that your electronic signature will be binding to the same extent as if you signed on paper with an ink signature. This Electronic Communications and Disclosures Consent applies all documentation and communications relating to your relationship with us, including, without limitation, communications relating to your Account, the BIPA Release (as that term is defined below, if applicable), any payment you choose to make through the Platform, any subscription-based services or other products that we may offer from time-to-time; and privacy policies and notices.
We may be required by law to give you certain information “in writing” or electronically with your informed consent (“Disclosures”). Disclosures may include, without limitation, any agreement between you and us relating to your Account or use of our Platform; agreements and disclosures relating to payments processed through the Platform and any automatic recurring billing plans which may be monthly, quarterly, biannually, annually or other duration (“Subscriptions”) offered through the Platform; privacy policies and notices; the BIPA Release; and any other records, documents and further disclosures required by federal, state or local law or regulation. You agree that we may electronically provide, send, disclose, or communicate to you any Disclosure and any other information relating to your relationship with us, including your information relating to your Account, any Subscriptions, or your use of the Platform.
Hardware and Software Requirements
To electronically access, receive or retain Disclosures you will need:
an Internet connection;
a valid email address that you have provided to us;
a computer or mobile device with an operating system capable accessing the Platform or downloading the mobile application, viewing and saving PDF files, and receiving email;
a mobile device capable of receiving text messages;
a currently supported recent-generation web browser such as Chrome, Edge, Firefox or Safari; and
sufficient storage space to save past Disclosures or the ability to connect to a printer to print them.
You represent that you have the hardware and software described above, and that your ability to read this Electronic Communications and Disclosures Consent demonstrates that you have the necessary hardware and software to receive Disclosures electronically.
Paper Copies/Withdrawing Consent
We may always, in our sole discretion, provide you with Disclosures on paper, even if you have authorized electronic delivery. If you would like a paper copy of a Disclosure we previously sent you electronically, please contact us via email at email@example.com within a reasonable period of time after the delivery of the electronic Disclosure. If you would like to withdraw your consent to the receipt of electronic Disclosures, you may also contact us at such email address by clearly stating that you are withdrawing your consent to electronic Disclosures. If you withdraw your consent, you will not be able to do business with us electronically, but the withdrawal will not affect any previously provided Disclosures or agreements. There is no cost to you to receive paper copies of any Disclosure. We may need to verify your identity before honoring your revocation of consent and/or sending paper copies of any Disclosures to the physical address you provide.
If we take down, temporarily or permanently, and/or suspend access to any of your Content, you may request a review of our decision by contacting customer support at firstname.lastname@example.org.
We reserve the right in our sole discretion to immediately terminate or suspend access to your account for any reason, and to terminate or suspend your access to any portion, aspect or feature of the Platform, including, without limitation, access to profiles of one or more Creators.
We can also terminate or suspend access to your account immediately and without notice:
if we have reason to believe that you have or may have breached any part of the Terms of Service, including the Acceptable Use Policy, or if you attempt or threaten to breach any part of the Terms of Service, including the Acceptable Use Policy; or
if you engage in any unlawful or fraudulent activity on the Platform; or
if you take any action on the Platform or an action that relates to the Platform that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of the Platform.
We will investigate any suspected or alleged fraud or misuse, abuse, or unlawful use of the Platform and cooperate with law enforcement and/or any other appropriate governmental or nongovernmental agency in such an investigation. We may disclose any information or records in our possession or control about your use of the Platform to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, or in response to a court order.
We may change the third-party payment providers that we use and if we do so, we will post in our terms.
Other than Content that is owned by or licensed to Creators, all rights in and to the Platform and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws. Bombshell Influencers and its affiliates shall also retain ownership of, and you will not acquire any right, title or interest in, all trademarks, logos, designs, copyrights, trade names and all other intellectual property rights which Bombshell Influencers or its affiliates owns or has rights to.
We are the sole and exclusive owners of any and all anonymized data relating to your use of the Platform and such anonymized data can be used by us for any purpose, including for commercial, development and research purposes.
We are not responsible for the following:
Views expressed by any user of the Platform do not necessarily represent our views.
We do not grant you any rights in relation to Content. To the extent that certain Content is owned or licensed by a Creator, any such rights may only be granted to you by the Creator.
Your Content may be viewed by individuals that recognize your identity. We will not in any way be responsible to you if you are identified from your Content. While we may, from time to time and in our sole discretion, offer certain geofencing or geolocation technology on the Platform, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology, and you will have no claim against us arising from your use of or reliance upon any geofencing or geolocation technology on the Platform. Such geofencing or geolocation data may also be provided to law enforcement upon receipt of proper legal process for that information.
You have no obligation to follow any suggestions, comments, reviews, or instructions that you receive from another user of the Platform. If you choose to follow any suggestions, comments, reviews, or instructions, you do so entirely at your own risk.
We make no promises or guarantees of any kind that Creators will make a particular sum of money (or any money) from their use of the Platform.
The materials that we make accessible on the Platform are for general information only. We make no promises or guarantees about the accuracy or truthfulness of such materials, or that users will achieve any particular result or outcome from using and/or relying on such materials.
We do not promise that the Platform is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access the Platform. You should use your own virus protection software.
We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of the Platform.
While we try to make sure that the Platform is secure and free from bugs and viruses, we cannot promise that it will be and have no control over any bugs or viruses that may be in the Content that is supplied by Creators.
We are not responsible for any lost, stolen, or compromised user accounts, passwords, email accounts, or any resulting unauthorized activities, payments, or withdrawals of funds.
You acknowledge that once your Content is posted on the Platform, we cannot control and are not responsible to you for the use that other users or third parties make of such Content. You can delete your account at any time, but you understand that deleting your account may not prevent the circulation of any of your Content.
Termination and Suspension
You confirm that you own all intellectual property rights (examples of which include copyright and trademarks) in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses of your Content to us and to other users.
You agree to grant us a license under all your Content to perform any act not restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of the Platform. Some, but not all, examples of such acts include: to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, or use your Content for marketing purposes related to the Platform.
The license you grant to us above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that (a) the license will continue even after your agreement with us ends and you stop using the Platform, (b) we do not have to pay you for the license or any use of the Content, and (c) we may grant a sub-license of your Content to someone else or assign or transfer the license of your Content to someone else. This license will allow us, for example, to add stickers, text, and watermarks to your Content, to make your Content available to other users of the Platform, as well as to use your Content for marketing and other normal operations of the Platform.
While we do not own your Content, you grant us the limited right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content. Although we are under no obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your Content. You agree that if we request, you will provide us with all consents and other information necessary for us to submit notifications of infringement on your behalf.
You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on the Platform. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or your right to prevent your Content from being copied without your permission. The waiver is intended to allow us, when dealing with your Content (as permitted by the license which you give us), to add watermarks, stickers or text to your Content.
Notice of Intellectual Property Infringement.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of the Site, in appropriate circumstances, to terminate the registration account of a user who is deemed to infringe third-party intellectual property rights or to remove Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Platform, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
a description of your copyrighted work(s) or other intellectual property that you claim has been infringed;
a description of where the Content you claim is infringing is located on the Site (providing us with website URL is the quickest way to help us locate Content);
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The Site’s Copyright Agent can be reached as follows:
Bombshell Influencers, LLC.
Attn: Copyright Manager
2701 Little Elm Pkwy, STE 100-478
Little Elm, TX 75068 USA
Phone: (601) 207-0532
In the event that we remove Content in response to a DMCA notice, we may notify the user who posted the allegedly infringing Content so they have the opportunity to send a counter-notice (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm the counter-notice submission requirements).
Please note that the above contact information is for intellectual property infringement notices only. For other inquiries or questions, please email us at email@example.com. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
2. ACCEPTABLE USE POLICY
BY USING THE PLATFORM, YOU AGREE TO THIS POLICY
By using the Platform, you agree to the following:
You will not use the Platform except for your own personal use and will not sell, rent, transfer, or share your account or any Content obtained from the Platform with anyone else without our prior written consent.
You will only use the Platform in a manner and for a purpose that is lawful.
You will not upload, post, display, exchange, or publish Content on the Platform that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, or that encourages or promotes violence or any illegal activity.
You will not use the Platform in any way that may exploit, harm, or attempt to exploit or harm any individual under 18 years old, for example, by exposing them to inappropriate Content.
You will not upload, post, display, exchange, or publish in any manner an image, video, or any form of media whatsoever that (a) shows an individual under the age of 18 or (b) you have reason to believe contains an individual under the age of 18 regardless of the content of the image, video, or other form of media.
You are over the age of 18. You will not use the Platform to seek, solicit, or communicate with anyone who is under the age 18 or you have reason to believe is under the age of 18. You will not open an account or upload, post, display, or exchange Content on your own account for a person under 18 or with reason to believe that the person is under the age of 18.
You will not use the Platform to communicate with an adult for the purpose of meeting or communicating with an individual under the age of 18. You will not seek or solicit information about any individual under the age of 18 or you have reason to believe is under the age of 18.
Except as permitted by Section 10(c) of this Acceptable Use Policy, each Member may only post Content depicting themself (i.e., no Member may post Content showing any other individuals).
You may not post images, videos, or any other form of media on the Platform or use another person’s name or image unless you have written documentation reflecting the informed consent of that person. You must also have written verification that the person is over 18 years old. Consent must be voluntarily given and you will not use any form of coercion or misrepresentations to obtain consent. To the extent you seek to post an item more than once, you must obtain consent for every instance of posting or use.
Other People: You must not post any Explicit Content of another person of any age under any circumstance in any public area of the website.
One Creator: You must not post any Explicit Content under any circumstance in any public area of the website.
Multiple Creators: Multiple Creators together may post only safe-for-work Content in public areas. Explicit Content is permitted behind a paywall or within messages.
Posted Only Behind Paywalls: Creators may not post Explicit Content in public spaces on the Platform. Creators must keep Explicit Content behind subscription or messaging areas (e.g., as premium content, either as a paid unlock (on the profile or within messaging) or free to subscribers or paying fans only). All public spaces on the Platform (meaning profile pictures, membership tier descriptions, page banners, etc.) must show only safe-for-work Content.
You will not show, promote, advertise, or refer to the following types of Explicit Content in your Content;
Sexual intercourse (between persons of same or opposite sex) including: genital-genital, oral-genital, anal-genital, or oral-anal;
Content that displays real or replica firearms, firearm accessories, ammunition, or explosive weapons;
Content that promotes, glorifies, or offers the purchase, sale, trade, or solicitation of real or replica firearms, accessories, ammunition, explosive weapons, or instructions on how to manufacture them;
illegal drugs, or drug paraphernalia, and/or any goods wholesale, possession, or use is subject to prohibitions or restrictions;
self-harm or suicide;
incest or bestiality;
violence, rape, lack of consent, hypnosis, intoxication, sexual assault or abuse, torture, sadomasochistic abuse or hardcore bondage, fisting, or genital mutilation;
stalking, swatting, and/or similar unlawful harassing conduct in person or online;
urine, scatological, or excrement-related material;
“revenge porn” (explicit material featuring any person who has not given prior, express, and informed consent to that material (a) being taken, captured, or otherwise memorialized, and (b) being posted and shared on the Platform);
human trafficking, including but not limited to sex trafficking; and
escort services or prostitution.
You will not upload, post, display, exchange, or publish unsolicited Explicit Content or use language that sexually objectifies another user or anyone else in a non-consensual way, or contains fake or manipulated sexual Content in relation to another user or anyone else (including “deepfakes”).
You will not use, promote, or advertise hate speech (language intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic) or incite terrorism.
You will not use or refer to anyone else's personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for the Platform including passwords and security questions, financial information including bank account and credit card details, biometric data, and medical records) without that person's express written consent.
You will not upload, post, display, exchange, or publish Content featuring public nudity if the location where it was recorded or was/is being broadcast is from a country, State, province, or any location where public nudity is illegal.
You will not upload, post, display, exchange, or publish Content featuring marijuana use if the location where it was recorded or was/is being broadcast is from a country, State, province, or any location where marijuana is illegal.
You will not upload, post, display, exchange, or publish Content featuring conduct recorded at a place where the participants of the recording have a reasonable expectation of privacy (including outdoor places where members of the public are not present, private property such as a private backyard, and/or secluded areas in nature where members of the public are not present) and the participants have not explicitly consented to the recording and publication of the Content.
You will not upload, post, display, exchange, or publish Content that improperly gives the impression that it comes from or is approved, licensed, or endorsed by us or any other person or company.
You will not upload, post, display, exchange, or publish Content that causes or is calculated to cause inconvenience or anxiety to anyone else or that is likely to upset, embarrass, or seriously offend anyone else.
You will not upload, post, display, exchange, or publish Content that can be used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content.
You will not upload, post, display, exchange, or publish Content that involves or promotes third party commercial activities or sales, such as contests, sweepstakes, and other sales promotions, product placements, advertising, links to third party sites, or job posting or employment ads without our prior express consent.
You will not use the Platform to stalk, bully, abuse, harass, threaten, or intimidate anyone else.
You will not use the Platform to engage in fraud or misleading or deceptive conduct or conduct that is likely to mislead or deceive any other user.
You will respect the intellectual property rights of Creators, including by not recording, reproducing, sharing, communicating to the public or otherwise distributing their Content without authorization.
You will not do anything that violates our or someone else's rights, including intellectual property rights (examples of which are copyright, trademarks, confidential information, and goodwill), personality rights, unfair competition, privacy, and data protection rights.
You will not impersonate us, one of our employees, another user, or any other person or company or falsely state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or company.
You will not provide false account registration information or make unauthorized use of anyone else's information or Content or payment information.
You will not post or cause to be posted any Content which is spam, which has the intention or effect of artificially increasing any Creator's views or interactions, or which is otherwise inauthentic, repetitive, misleading, and/or low quality.
You will not transmit, stream, or otherwise send any pre-recorded audio or video material during a live stream or otherwise attempt to pass off recorded material as a live stream.
You will not reproduce, print, distribute, attempt to download, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as permitted under the Terms of Service, including but not limited to the Acceptable Use Policy.
You will not knowingly introduce any viruses, trojans, worms, logic bombs or other material into Content which is or may be malicious or technologically harmful.
You will not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of the Platform.
You will not use the Platform in a way that could adversely affect our systems or security or interfere with any other user’s use of the Platform, including their ability to engage in real time activities through the Platform.
You will not use any automated program, tool or process (such as web crawlers, robots, bots spiders, and automated scripts) to access the Platform or any server, network or system associated with the Platform, or to extract, scrape, collect, harvest or gather Content or information from the Platform.
You will not use the Platform's name, logo or any related or similar names, logos, product and service names, designs, or slogans other than in the limited ways which are expressly permitted in the Terms of Service or with our prior written agreement.
Subject to the restrictions contained in this Acceptable Use Policy (including without limitation Section 10 above), the term “Explicit Content” means Content that includes any type of explicit conduct.
The term “explicit conduct” includes the definition of “sexually explicit conduct” found in Title 18, United States Code, Section 2256, that is, sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; bestiality; masturbation; sadistic or masochistic abuse; and the lascivious exhibition of the anus, genitals, or pubic area of any person. Explicit conduct also includes exposed female or female presenting breasts, the exposed genitals or pubic area, and the exposed anus of any person.
The term “non-explicit” and “safe-for-work” (or “SFW”) means any Content that does not meet the definition of “explicit” or “NSFW.”
WARNING: BOMBSHELL INFLUENCERS HAS NO TOLERANCE FOR ANY VIOLATION OF THE ABOVE RULES, NOR ANY USE OR INTERACTION WITH THE SITE THAT MAY PERMIT OR ALLOW THE UPLOADING OR SHARING OF ANY CONTENT THAT MAY BE THE RESULT OF OR RELATE TO HUMAN TRAFFICKING, PHYSICAL ABUSE, OR THE EXPLOITATION OF CHILDREN. ANY SUCH VIOLATIONS OR UNLAWFUL CONTENT WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES AND/OR APPROPRIATE CHILD PROTECTION AGENCIES.
You shall notify us immediately upon becoming aware of any misconduct or misbehavior by any individuals or entities on the Platform and/or any suspected unlawful or other Offending Content by sending an email to: firstname.lastname@example.org. We will review that Content and take appropriate action within seven (7) days, which action may include quarantining or deleting offending Content, terminating/disabling user accounts, and/or reporting the matter to law enforcement and/or organizations such as the National Center for Missing & Exploited Children, Child Welfare Information Gateway, or other groups as we deem necessary.
Violations of this Policy may lead to your account being suspended or terminated, and access to your earnings being revoked, as set out in the Term of Service.
Linking To The Platform
You may link to the Platform homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
If you are a Creator, when promoting your Creator account you must comply with our Terms of Service and the terms of service of any other website where you place a link to or otherwise promote your Creator account. When promoting your Creator account, you must not impersonate the Platform or give the impression that your Creator account is being promoted by us if this is not the case.
Links To Other Websites and Services
The Platform may contain links to outside services and resources, the availability and content of which we do not control. We are not responsible for examining or evaluating, and we do not warrant the offering of these services and resources or the content of these websites. We do not assume any responsibility or liability for the actions, products, and content of these and any other websites, including the collection or storing of personal information. Any concerns regarding any such services or resources should be directed to the service or resource.
System Outages, Slowdowns, and Capacity Limitations
At times you may experience difficulty accessing the Platform or communicating with the Platform through the Internet, or other electronic wireless services, as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider, or ours, can experience unanticipated outages or slowdowns or have capacity limitations. We are not responsible for failure or delay of performance caused by such problems.
We make no warranty whatsoever to you, express or implied, regarding the security of the Platform, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Platform. You acknowledge and agree that you are solely responsible for maintaining the security of your devices and the confidentiality of your account login information and for all activities that occur under your account. We are not responsible for any losses resulting from the loss or theft of your device, the loss or theft of your information transmitted from or stored on your devices, or any losses arising from the use of your device by someone whom you have given access to. You are required to immediately notify us of any unauthorized use of the Platform by using the contact information in the “Contact Us” section below.
To protect the security of your information, the Platform may require you to authenticate your identity (i.e., prove that you are who you say you are) when you use the Platform. We reserve the right (but has no obligation) to monitor your use of the Platform and to investigate and/or take appropriate action against you if you violate these Terms or applicable laws.
If any provision of these Terms is found unlawful, void, or unenforceable for any reason, then such provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Our failure to insist upon or enforce the strict performance of any provision of these Terms or the additional terms and conditions for any product or service does not constitute a waiver of our right to subsequently enforce that provision or any other provisions of these Terms or the additional terms and conditions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force.
Limitation of Liability
Under no circumstances shall we be liable for any direct or indirect, special, incidental, or consequential damages that may arise in connection with the platform, or from your use of or inability to use this platform; or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure even if we are advised of the possibility of such damages, losses, or expenses.
To the maximum extent permitted by law, the total liability of bombshell influencers, and its subsidiaries, affiliates, officers, directors, employees, and agents, for any claim, cost, damage, or loss (collectively “claims”) arising out of or relating to the platform, including for any warranties that may not be excluded shall not exceed the following:
For claims by creators, 100% of the total fees paid by creators to us in connection with the creator’s use of the platform in the prior six (6) month period (if any).
For claims by all other users, $100.
You and bombshell influencers agree the foregoing liability cap shall include all forms of damages.
If you are a california resident, you hereby waive california civil code section 1542, which states: “a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
The platform is provided to you on an “as-is” and “as-available” basis without any representations or warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Bombshell Influencers makes no warranty that (a) the platform will meet your requirements, (b) that operation of the platform will be uninterrupted, timely, secure, or error-free, or (c) the content that may be obtained from the use of the platform will be accurate or reliable. Bombshell Influencers undertakes no obligation to update the platform. No advice or information, whether oral or written, obtained by you from bombshell influencers, or through the platform shall create any warranty regarding the platform not expressly stated in these terms. You understand and acknowledge that additional disclaimers, limitations, and notices regarding the platform and its content and data may be provided by bombshell influencers from time to time within the platform.
We do not warrant that the platform will operate error-free or that the platform and its servers are free of computer viruses or other harmful content. If your use of the platform, the material, or the software results in the need for servicing or replacing equipment or data, we are not responsible for those costs.
You will defend, indemnify, and hold us harmless from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to your conduct with respect to the Platform or violation (or alleged violation) of these Terms. Under no circumstance will we be liable for damages of any kind that result from your use of, or the inability to use, the Platform.
You are responsible for reviewing these Terms regularly. We reserve the right, at any time, and without notice and in our sole discretion, to modify or discontinue the Platform, these Terms, or any of our policies related to use of the Platform. Revisions to these Terms or our policies may be provided through the Platform, including by posting the revisions on the Platform and updating the “Last Updated” date. Such revisions will go into immediate effect once posted to the Platform. Continued use of the Platform following such modifications to the Platform, these Terms, additional terms and conditions for any service, or other the Platform policies will constitute your acceptance of such modifications and revisions.
MANDATORY ARBITRATION AND CLASS ACTION WAIVER. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You agree with us that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
Governing Law: The laws of the state of Texas—without giving effect to any conflicts of law principles—govern all matters arising out of your use of bombshellinfluencers.com or relating in any way to these Terms. The predominant purpose of these Terms is providing services and licensing access to intellectual property and is not a “sale of goods.” These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Except for disputes subject to arbitration, all disputes arising out of or relating to bombshellinfluencers.com or these Terms will be subject to the exclusive jurisdiction and venue of the state or federal courts located in Denton County, Texas. Each party hereby submits to the personal jurisdiction of the Texas courts located in Denton County, Texas 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. For purposes of this section, bombshellinfluencers.com will be deemed solely based in the state of Texas 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: Each party will allow the other a reasonable opportunity to comply before it claims that the other has not met the duties under these Terms. 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 bombshellinfluencers.com or these Terms.
Litigation Election: Either party may elect to litigate the following type of case or controversy: (a) an action seeking injunctive relief, or (b) a suit to compel compliance with this dispute resolution process.
Mediation: If the parties cannot settle a dispute arising out of or relating to bombshellinfluencers.com or these Terms through negotiation after thirty (30) days, either party may, by notice to the other party, demand that the dispute be mediated by a certified mediator in the state of Texas. If the parties cannot agree upon a mediator within thirty (30) days, the parties may submit the dispute to arbitration or litigation as otherwise provided in these Terms. Mediation will take place in Denton Country, Texas, or in such other locations as the parties mutually agree. 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.
Arbitration: If the parties cannot settle a dispute through mediation, the parties will settle any unresolved dispute arising out of or relating to bombshellinfluencers.com or these Terms by arbitration administered by American Arbitration Association in accordance with its Commercial Arbitration Rules. A single arbitrator will preside over the arbitration. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable. Unless the parties agree otherwise, the arbitration will take place in Denton Country, Texas. Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration. The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in these Terms. The arbitrator’s award will include costs of arbitration, reasonable legal fees, and reasonable costs for expert and other witnesses. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under these Terms without the advance written consent of both parties.
Right to Injunctive Relief: Nothing in this section 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 bombshellinfluencers.com.
Recovery of Expenses: In any proceedings between the parties arising out of these Terms or relating to the subject matter of these Terms, 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. “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 Waiver: Both parties hereby waive the right to a trial by jury for any dispute arising out of or relating to bombshellinfluencers.com or these Terms. Either party may enforce this waiver up to and including the first day of trial.
Class Action Waiver: All 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 file a claim arising out of or relating to bombshellinfluencers.com or these Terms more than one year after the cause of action arose. Any claim brought after one year is barred.
The section headings used herein are for convenience only and shall not be given any legal import. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign its rights and duties under these Terms to any party at any time without notice to you.
Certain other terms or policies that form these Terms may also apply to users, including without limitation the following:
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
We may assign its rights and duties under these Terms to any party at any time without notice to you.
If you have any questions regarding the Platform, please feel free to send us an email at email@example.com.
Last Updated: April 29, 2023
You acknowledge that you are aware that some of the Content on the Platform contains Explicit Content, and you agree to take this into account when deciding whether to access the Content, how to access the Content, and where to access and/or view Content. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing Content in a way that causes you to breach any contract you have with a third party (for example, your employment contract) or violate any applicable law.
Subscriptions and Purchases by Members
This section describes the terms which apply to communications and transactions between Members and Creators:
All transactions and interactions facilitated by the Platform are contracts between Members and Creators. Although we facilitate transactions and interactions between Members and Creators by providing the Platform, we are not a party to any contract which may exist between a Member and Creator and are not responsible for any transactions or interactions between Members and Creators. Creators are solely responsible for the content of any interactions or messages with Members.
You will not provide your telephone number, e-mail address, physical address, or other personal identifying information for yourself or another person on the Platform. You will not seek or solicit this information from anyone else on the Platform. You will not use the Platform to meet other individuals for the purpose of engaging in transactions outside the Platform or meeting in person with any user, Member, or Creator that you met on the Platform.
Creators are solely responsible for determining (within the parameters for pricing on the Platform) the pricing applicable to transactions and interactions and the Content to which you may be given access. All prices appear in USD only.
The amounts paid by Member to Creators via the Platform (“Member Payments”) are exclusive of any transactional taxes. Transactional taxes, such as sales tax, excise tax, and value added tax might be applicable to Member Payment depending on the type of Creator Content purchased and the Member’s location.
To view a Creator's Content, you must first add a payment card to your account and then click the 'Subscribe' button on the relevant Creator's profile.
You authorize us to supply your payment card details to a third-party payment provider for the purpose of processing your Member Payment. All Member Payments will be charged in USD. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank, and we are not responsible for paying any charges or fees imposed by your payment card provider or bank.
If you choose to provide details of two or more payment cards, then if you try to make a Member Payment from the first card and the card is rejected for any reason, then the other payment card will be used to collect the full Member Payment.
The payment provider will take (i) automatic monthly (or other disclosed duration period) recurring payments from your payment card for Member Payments which are Subscriptions; and (ii) immediate payments from your payment card for ad hoc Member Payments. You authorize and consent to each of these payments being debited using your supplied payment card details.
Apart from free-trial Subscriptions, all Subscriptions to a Creator's profile will automatically renew at the applicable monthly (or other disclosed duration period) recurring fee set by the Creator at the end of the applicable Subscription period, except if your payment card was declined, or you cancel as follows:
At any time, you may cancel your Subscription to any Creator’s profile by turning off the “Auto-Renew” switch located on the relevant Creator's profile. If you need assistance with canceling your Subscription, please contact Customer Support.
If you do not cancel your Subscription in the manner stated above, then your Subscription to a Creator's profile will continue and your payment card will be charged at the same monthly (or other disclosed duration period) recurring fee set by the Creator.
If you cancel a Subscription you will continue to be permitted to view the relevant Creator's Content until the end of the applicable Subscription period in which you canceled, after which no further payments will be taken from your payment card in respect of Subscriptions to that Creator's profile, and you will no longer be able to view the relevant Creator's Content.
All purchases made via the Platform are final and non-refundable. Any purchase of the right to view Creator Content which is subsequently successfully subject to a refund or chargeback, or is determined to have resulted from fraudulent activity, may result in the refunded amount, in Bombshell Influencers sole discretion, being removed from the earning Creator's income. The Creator may be alerted to the Member refund, chargeback or fraud. Bombshell Influencers reserves the right to delete or suspend a Member account, if it determines the refund or chargeback request was made in bad faith.
Suspension of Your Account
If we suspend your account for any reason, any Member Payments that would otherwise have been due during the period of suspension of your account will be also suspended during the period of the suspension of your account.
Last Updated: April 29, 2023
To set up a Creator account, you must provide us with a valid email address. You must provide your legal name and any aliases or other names you have ever been known by (AKAs/maiden name if applicable) and upload a valid form of ID and two photos of you. You must provide the following:
a close-up photo of the front and back your government issued identification (passport, driver’s license, identification card); and
a clear photo of you (selfie) holding the same identification. Your face must be fully visible and the identification fully visible. This photo also must include a document or information that shows the date on which the image was taken. This requirement can be fulfilled by providing unaltered metadata for the submitted image.
Please note the following requirements for any uploaded image:
Images must not be edited, cropped, or resized;
All images must be in color;
Submitted documents must be a photo or scanned copy;
All 4 corners of the document must be visible;
The entire government issued, non-expired identification must be shown. No parts of the document may be redacted, covered, cut, or censored; and
Files must be in .PNG or .JPG format and under 10 MB in size.
You will need to add your bank account details to our payment vendor once your Creator account is approved. You may also need to submit additional information depending on the country where you live. You must be over 18 years of age to be a Creator. We may ask you for additional age or identity verification information at any time. You may not open an account for a person under the age of 18 or have reason to believe is under the age of 18. It is a condition of your use of the Platform that all the information you provide is correct, current, and complete.
By setting up a Creator account and providing your photograph, you expressly consent to the collection of your biometric data, which will be used by Bombshell Influencers and its subcontractors and/or vendor(s) for the purposes of identity verification, content moderation, and fraud prevention. The Biometric Data Privacy and Retention Policy and Release is listed at the bottom of these Terms.
Once you have set up your Creator account, if you want to charge subscribers to your Content an automatic monthly (or other disclosed duration) recurring fee, Bombshell Influencers will set and clearly disclose this Subscription fee upfront to your potential subscribers. Upon prior notice to Bombshell Influencers, Creators may decrease or increase their Subscription fee, and Bombshell Influencers will notify subscribers of any change, if applicable, no less than between seven (7) or thirty (30) days (as applicable to the duration of the Subscription period) prior to date on which the changed Subscription fee will take effect. As part of this notice provided to subscribers, Bombshell Influencers will also inform subscribers that if they do not wish to be billed in the amount of the increased Subscription fee, then subscribers may cancel by turning off the “Auto-Renew” switch located on the Creator's profile.
By setting up your Creator account and beginning to post Content, you expressly agree that we may pull public facing content (i.e., content that is not private or behind a paywall) from your Instagram account (“Public Content”) and public facing Creator Content (as that term is defined in the section entitled “Creator Content” below) to promote your Creator account on the Platform via Bombshell Influencers various social media channels (including, without limitation, Bombshell Influencers Instagram account). In addition, from time to time we may request, and you may share with us (via e-mail, direct message or Bombshell Influencers provided link), Content for us to use in the promotion of the Platform and/or your Creator account via Bombshell Influencers various social media channels (“Submitted Content”). You must either own your Submitted Content (and all intellectual property rights in it) or have a valid license to offer and supply your Submitted Content to us. You agree to grant us a royalty-free, worldwide license under your Public Content and Submitted Content to perform any act not restricted by any intellectual property right (including copyright) in such Public Content and Submitted Content, for any purpose reasonably related to the promotion of the Platform and your Creator account. Some, but not all, examples of such acts include: to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Public Content and/or Submitted Content, or use your Public Content and/or Submitted Content for marketing purposes related to the Platform.
Subscriptions and Purchases by Members
This section describes the terms that apply to transactions and interactions between Members and Creators:
All transactions and interactions facilitated by the Platform are contracts between Members and Creators. Although we facilitate transactions and interactions between Members and Creators by providing the Platform, we are not a party to any contract which may exist between a Member and Creator, and are not responsible for any transactions or interactions between Members and Creators.
You will not provide your telephone number, e-mail address, physical address, or other personal identifying information for yourself or another person on the Platform. You will not seek or solicit this information from anyone else on the Platform. You will not use the Platform to meet other individuals for the purpose of engaging in transactions outside the Platform or meeting in person with any non-Creator user or Member that you met on the Platform.
Creators are solely responsible for determining (within the parameters for pricing on the Platform) the pricing applicable to transactions and interactions and the content to which they provide access. All prices appear in USD only.
Member Payments are exclusive of transactional taxes. Transactional taxes, such as sales tax, excise tax, and value added tax might be applicable to Member Payment depending on the type of Creator Content purchased and the Member’s location.
All purchases made via the Platform are final and non-refundable.
Any purchase of the right to view Content or to use Member Interaction which is subsequently successfully subject to a refund or chargeback may result in the user’s account being immediately and permanently excluded from Bombshell Influencers if Bombshell Influencers determines the refund or chargeback request was made in bad faith. The refund or chargeback amount may, in Bombshell Influencers sole discretion, be removed from the earning Creator's income. The Creator may be alerted to the Member refund or chargeback.
Any purchase of the right to view Content or to use Member Interaction which is determined to have resulted from fraudulent activity may result in the user’s account being immediately and permanently excluded from Bombshell Influencers. The fraudulent payment amount may, in Bombshell Influencers sole discretion, be removed from the earning Creator's income.
In addition to the terms set out elsewhere in the Terms of Service, including but not limited to the Acceptable Use Policy, the following terms apply to the Content posted, displayed, uploaded, or published by you as a Creator on the Platform (“Creator Content” or “Creator’s Content”):
Your Content is not confidential, and you authorize your Members to access and view your Content on the Platform for their own lawful and personal use, and in accordance with any licenses that you grant to your Members.
You warrant that for each item of Content that you post, display, upload, or publish on the Platform:
the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
you hold all rights necessary to use your Content on the Platform, including in each territory where you have Members and in the United States;
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 Members;
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 the Platform; and
the Content is: (i) 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; and (ii) as described by you.
You agree that you will be liable to us and indemnify us if any of the foregoing warranties are untrue.
We are not responsible for and do not endorse any aspect of any Content posted by you or any other user of the Platform. 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 the Platform.
If you upload Co-Authored Content, you warrant (which means you make a legally enforceable promise to us) that you have obtained and keep on record written consent from each individual shown in your Co-Authored Content that such individual:
is at least 18 years old;
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 on www.bombshellinfluencers.com
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 www.bombshellinfluencers.com.
You agree that we will only arrange for Creator Earnings to be paid 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 themselves and the second Creator shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between you and such other individual(s), 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, or if the second Creator in your uploaded Co-Authored Content disputes or flags your Content due to invalid permissions, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Creator, notify and log the violation in your account which can lead to termination of your account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.
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 the individual(s) who appeared in the Co-Authored Content (as applicable).
Creator Earnings; Platform Fee
All Member Payments will be received by a third-party payment provider approved by us. Out of the Member Payments:
We may deduct a processing fee from the total Member Payments made to you; and
From the amount of Member Payments made to you, less the processing fee (such amount, the “Payment Pool”):
We will charge you a fee of twenty percent (20%) of the Payment Pool as a platform fee (the “Platform Fee”); and
The remaining eighty percent (80%) of the Payment Pool is payable to you (the “Creator Earnings”). (Less any Agency fee, or referral, if applicable.)
The Platform Fee includes the costs of providing, maintaining and operating the Platform and storing your Content.
If you have chosen your VENDOR payout option, VENDOR will pay the Creator Earnings to your bank account. Except for payout options involving payment by direct bank transfer, we do not store any data disclosed by you when you register your payout Options with a third-party payment provider.
We may withhold all or any part of the Creator Earnings due to you but not yet paid out if:
we believe that you have or may breached any part of the Terms of Service, including the Acceptable Use Policy;
you attempt or threaten to breach any part of the Terms of Service, including the Acceptable Use Policy, in a way that we believe has or could have serious consequences for us or another user; or
we suspect that all or any part of the Creator Earnings result from unlawful or fraudulent activity, either by you or by a user or Member who made a payment resulting in the Creator Earnings,
for as long as is necessary to investigate the actual, threatened, or suspected breach by you or the suspected unlawful or fraudulent activity (as applicable).
If following our investigation we conclude that (i) you have breached any part of the Terms of Service, including the Acceptable Use Policy; (ii) you have attempted or threatened to breach any part of the Terms of Service, including the Acceptable Use Policy, in a way that has or could have serious consequences for us or another user, Member, or Creator; and/or (iii) the Creator Earnings result from unlawful or fraudulent activity, either by you or a user or Member who made the payment, we may notify you that the impacted Creator Earnings have been forfeited.
If we are withholding all or any part of your Creator Earnings and we determine that part of the Creator Earnings withheld is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity, then we may pay to you the part of the Creator Earnings that we determine is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity. We may also choose to pay Creator Earnings that are withheld as a result of a minor and inconsequential breach of the Terms of Service at our sole discretion. But you agree that if we believe your actual or threatened breaches of the Terms of Service has or may cause us financial loss, we may withhold Creator Earnings due to you but not yet paid and we may set off such amounts against any losses suffered or that may be suffered by us.
We may also withhold a portion of your Creator Earnings if we determine that we have overpaid you for any previous periods, with the amount withheld equal to the amount of the overpayment.
If we determine that Creator Earnings must be forfeited, we will use our best efforts to return any Member Payments which resulted in forfeited Creator Earnings to the relevant Members who made the Payments.
Every Creator has a unique referral URL that allows that person to earn income from any other Creator who signs up via their referral link. In order to ensure the referral is successful, the new Creator must register on the Platform using the same browser that they used to click the referral link.
Bombshell Influencers will pay the referring Creator 1% of all total revenue earned by the referred Creator “for life (with no cap)”, or as long as the referrer has an active account following the launch of the referred Creator’s account.
As a note, this referral income is deducted from Bombshell Influencers fee (the Platform Fee) and not from the income of the referred Creator (the Creator Earnings), who continues to earn 80% commission on the Payment Pool (as those terms are each defined in the previous section) generated by that Creator’s account.
For a person to be successfully added to another person’s referral program, the referred person must sign up to Bombshell Influencers via a unique referral URL. Your custom referral link can be found within Settings of your creator dashboard. In no event will Bombshell Influencers be liable to add a person to a referral account if that person has not signed up via the correct referral link.
For the avoidance of doubt, a Creator cannot refer to their own account under the Referral Program and cannot receive referral income based on revenue earned from their own Creator account.
Creator accounts are limited to one (1) account per creator to prevent duplicate content, referrals, and spam.
As noted above in the section entitled “Changes”, the terms and conditions in this section are subject to change at any time in Bombshell Influencers sole discretion.
We may withhold all or any part of the referral income due to you but not yet paid out if:
we believe that you have or may breached any part of the Terms of Service, including the Acceptable Use Policy; or
you attempt or threaten to breach any part of the Terms of Service, including the Acceptable Use Policy, in a way that we believe has or could have serious consequences for us or another user; or
we suspect that all or any part of the referral income due to you results from unlawful or fraudulent activity, either by you or by a user or Member who made a payment to the referred Creator resulting in the referral income,
for as long as is necessary to investigate the actual, threatened, or suspected breach by you or the suspected unlawful or fraudulent activity (as applicable).
If following our investigation we conclude that (i) you have breached any part of the Terms of Service, including the Acceptable Use Policy; (ii) you have attempted or threatened to breach any part of the Terms of Service, including the Acceptable Use Policy, in a way that has or could have serious consequences for us or another user, Member, or Creator; and/or (iii) all or any part of referral income due to you results from unlawful or fraudulent activity, either by you or a user or Member who made the payment, we may notify you that the impacted referral income has been forfeited.
If we are withholding all or any part of the referral income due to you and we determine that part of the referral income withheld is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity, then we may pay to you the part of the referral income that we determine is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity. We may also choose to pay referral income that is withheld as a result of a minor and inconsequential breach of the Terms of Service at our sole discretion. But you agree that if we believe your actual or threatened breaches of the Terms of Service has or may cause us financial loss, we may withhold referral income due to you but not yet paid and we may set off such amounts against any losses suffered or that may be suffered by us.
Bombshell Influencers does not provide any tax advice to Creators. We recommend that all Creators seek professional advice to ensure you are compliant with your local income tax and any other rules, based on your individual circumstances.
By using the Platform as a Creator, you warrant that you have reported and will report in the future the receipt of all payments made to you in connection with your use of the Platform to the relevant Tax authority in your jurisdiction, as required by law.
You are responsible for your own Tax affairs and Bombshell Influencers is not responsible or liable for any non-payment of Tax by Creators. We reserve the right to close your account if we are notified of or become aware of any Tax non-compliance by you.
Biometric Data Privacy and Retention Policy
Written Release for Collection of Biometric Data (“BIPA Release”)
By accessing the Platform:
- You agree to the collection of your biometric data for Content moderation, identification, and fraud prevention purposes.
- You represent that you have reviewed Bombshell Influencers Biometric Data Privacy and Retention Policy (below), and understand that your biometric data will be used, retained, protected, and destroyed in accordance with that policy.
- You voluntarily consent to the collection, capture, storage, access to, use, possession, obtaining of, and/or disclosure or re-disclosure of your biometric data by the Company (as defined below), its vendors, and any of their subcontractors in accordance with Bombshell Influencers Biometric Data Privacy and Retention Policy. You provide this consent for purposes of ensuring compliance with privacy laws related to the collection of biometric data.
Creator Biometric Data Privacy and Retention Policy
Bombshell Influencers has instituted the following policy related to any Biometric Data that Bombshell Influencers collects, captures, receives, possesses, or otherwise obtains relating to Creators that utilize the Platform.
It is the Company’s policy to ensure that Creator Biometric Data is used and handled in accordance with Biometric Laws, as defined below.
Biometric Data Defined
“Biometric Laws” means the Illinois Biometric Information Privacy Act, 740 Ill. Comp. Stat. 14/1, et seq., the Texas Capture of Use of Biometric Identifiers Act, Tex. Bus. & Com. §§ 503.001, et seq., the Washington Biometric Identifiers Act, Wash. Rev. Code §§ 19.375.020, et seq., and any other applicable international, federal, state, or local law or regulation governing the collection, possession, or use of biometric data, biometric information, or biometric identifiers.
“Biometric Data” means any biological characteristics of a person, or information based upon such a characteristic, including characteristics such as those defined as “Biometric Identifiers” and “Biometric Information” under Biometric Laws.
“Biometric Identifier” means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry, or any additional characteristics defined as such under Biometric Laws.
“Biometric Information” means any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier used to identify an individual, or any additional characteristic or measurement defined as such under Biometric Laws.
Purpose for Collection, Storage, Use, and Transmission of Biometric Data
Bombshell Influencers has instituted certain procedures pursuant to which it collects, stores, uses, and transmits Biometric Data of Creators for Content moderation, identification, and fraud prevention purposes.
Bombshell Influencers vendors and their third-party subcontractors can only access the data pursuant to Bombshell Influencers instructions and authorizations. Bombshell Influencers does not transmit the data to any other third parties.
Retention Schedule and Guidelines for Permanently Destroying Biometric Data
Bombshell Influencers shall retain a Creator’s Biometric Data only until, and shall request that its vendors and their subcontractors destroy such data when, the first of the following occurs:
The initial purpose for collecting or obtaining such Biometric Data has been satisfied, such as the termination of the Creator’s engagement with Bombshell Influencers, or the Creator moves to a role within Bombshell Influencers for which the Biometric Data is not used; or
Within 3 years of the Creator’s last interaction with Bombshell Influencers.
If legal obligations require Bombshell Influencers to retain Biometric Data for longer than the above, Bombshell Influencers will destroy such data not later than the first anniversary of the date the data is no longer required to be maintained by law.
Bombshell Influencers shall use a reasonable standard of care to store, transmit, and protect from disclosure any paper or electronic Biometric Data collected. Such storage, transmission, and protection from disclosure shall be performed in a manner that is the same as or more protective than the manner in which Bombshell Influencers stores, transmits, and protects from disclosure other confidential and sensitive information, including personally identifiable information as defined by applicable laws or regulations governing privacy, data security, and breach response.
Bombshell Influencers LLC
2701 Little Elm Pkwy, STE 100-478 Little Elm, TX 75068 USA