Last updated: October 28th 2021
TERMS OF USE FOR ALL USERS
BY USING OUR WEBSITE YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
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Introduction: These Terms of Use for all Users govern your use of Unlok
and your agreement with us.
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Interpretation: In the Terms of Service:
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we refer to our website as " Unlok", including when accessed via
the URL www.unlok.me or via any web browser;
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references to "we", "our", "us" are references to Miami Image
Society LLC, the operator of Unlok;
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"Content" means any material uploaded to Unlok by any User (whether
a Creator or a Subscriber), including any photos, videos, audio
(for example music and other sounds), livestream material, data,
text (such as comments and hashtags), metadata, images, interactive
features, emojis, GIFs, memes, and any other material whatsoever;
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"Creator" means a User who has set up their Unlok account as a
Model account to post Content on Unlok to be viewed by other Users;
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"Subscriber" means a User who follows a Creator and is able to view
the Creator's Content;
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"Sub Payment" means any and all payments made by a Subscriber to a
Creator, including payments for access to a Creator's Content, for
interaction with the Creator, to procure new Content from the
Creator, to subscribe to the Creator's account, and any tips paid
by a Subscriber to the Creator;
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"Referring User" means a User who participates in the Unlok
Referral Program;
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"Terms of Service" (also called "your agreement with us") means the
legally binding agreement between you and us which consists of: (i)
these Terms of Use for all Users, (ii)Terms of Use for Subscribers, (iii)Terms of Use for Creators, (iv) Privacy Policy, (v) Acceptable Use Policy, (vi) Referral Program Terms,
(vii) Complaints Policy, and (viii) Platform to Business Regulation Terms;
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"User" means any user of Unlok, whether a Creator or a Subscriber
or both (also referred to as "you" or "your").
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Who we are and how to contact us: Unlok is operated by Miami Image
Society LLC. We are a limited liability company registered in the
United States of America, with company registration number
L170000125513 and we have our registered office address at 330 84TH ST, Apt 6, Miami Beach, FL, USA 33141.
To contact us with any questions about Unlok, please email our support team
at [email protected] If you are unable to contact us by email, please write to
us at the following address: 330 84TH ST, Apt 6, Miami Beach, FL, USA 33141
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How we may change the Terms of Service: We may change any part of the
Terms of Service without telling you beforehand in the following
circumstances:
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to reflect changes in laws and regulatory requirements which apply
to Unlok and the services, features and programs of Unlok where
such changes require Unlok to change its terms and conditions in a
manner which does not allow us to give reasonable notice to you;
and
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to address an unforeseen and imminent danger related to defending
Unlok, Subscribers or Creators from fraud, malware, spam, data
breaches or other cybersecurity risks.
We may also make other changes to any part of the Terms of Service, and we
will give you reasonable notice of such changes by email or through Unlok,
and you may contact us to end your agreement with us before the changes
take effect. Once any updated Terms of Service are in effect, you will be
bound by them if you continue to use Unlok.
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We may make changes to or suspend or withdraw Unlok: We may update and
change Unlok from time to time for any reason, including to reflect
changes to our services, Users' needs and our business practices or to
improve performance, enhance functionality or address security issues.
We will try to give you reasonable notice of any major changes. We do
not guarantee that Unlok, or any Content on it, will always be
available or accessible without interruption. We may suspend or
withdraw or restrict the availability of all or any part of Unlok for
business or operational reasons. We will try to give you reasonable
notice of any suspension or withdrawal if it affects you.
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Registering with Unlok: To use Unlok you must first register and create
a User account on Unlok. You must provide a valid email address, a
username, and a password and authenticate using a valid phone number.
Your password should be unique (meaning that it is different to those
you use for other websites) and must comply with the technical
requirements of the Unlok site for the composition of passwords. To
register as a User:
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you must be at least 18 years old, and you will be required to
confirm this;
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if the laws of the country or State/province where you live provide
that you can only be legally bound by a contract with us at an age
which 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
country or State/province where you live; and
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you must not be barred from accessing our platform under any laws
which apply to you.
If you do not meet the above requirements, you must not access or use
Unlok
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Your commitments to us: When you register with and use Unlok, you make
the following commitments to us:
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If you previously had an account with Unlok, you confirm that your
old account was not terminated or suspended by us because you
violated any of our terms or policies.
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You will make sure that all information which you submit to us is
truthful, accurate and complete.
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You will update promptly any of your information you have submitted
to us as and when it changes.
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You consent to receiving communications from us electronically,
including by emails, Telegram, WhatsApp and messages posted to your
Unlok account, and to the processing of your personal data as more
fully detailed in our Privacy Policy.
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You will keep your account/login details confidential and secure,
including your user details, passwords and any other piece of
information that forms part of our security procedures, and you
will not disclose these to anyone else. You will contact [email protected]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 password or other personal information.
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You are responsible for all activity on your account even if,
contrary to the Terms of Service, someone else uses your account.
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You will comply in full with these Terms of Use for all Users, our Acceptable Use Policyand all other parts of the Terms of
Service which apply to your use of Unlok.
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Rights we have, including to suspend or terminate your account:
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It is our policy to suspend access to any Content you post on Unlok
which we become aware may not comply with the Terms of Service
(including, in particular, our Acceptable Use Policy) and/or
any applicable law whilst we investigate the suspected
non-compliance or unlawfulness of such Content. If we suspend
access to any of your Content, you may request a review of our
decision to suspend access to the relevant Content by contacting us
at [email protected]. Following our
investigation of the suspected non-compliance or unlawfulness of
the relevant Content, we may take any action we consider
appropriate, including to reinstate access to the Content or to
permanently remove or disable access to the relevant Content
without needing to obtain any consent from you and without giving
you prior notice. You agree that you will at your own cost promptly
provide to us all reasonable assistance (including by providing us
with copies of any information which we request) in our
investigation. We will not be responsible for any loss suffered by
you arising from the suspension of access to your Content or any
other steps which we take in good faith to investigate any
suspected non-compliance or unlawfulness of your Content under this
section.
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If we suspend access to or delete any of your Content, we will
notify you
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via email or electronic message to your Unlok account, but we are not
obligated to give you prior notice of such removal.
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We reserve the right in our sole discretion to terminate your agreement
with us and your access to Unlok for any reason by giving you 30 days’
notice by email or electronic message to your Unlok account. We can
also suspend access to your User account or terminate your agreement
with us and your access to Unlok immediately and without prior notice:
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if we think that you have or may have seriously or repeatedly breached
any part of the Terms of Service (including in particular our
Acceptable Use Policy), or if you attempt or threaten to breach any
part of the Terms of Service in a way which has or could have serious
consequences for us or another User; or
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if you take any action that in our opinion has caused or is reasonably
likely to cause us to suffer a loss or that otherwise harms the
reputation of Unlok.
If we suspend access to your User account or terminate your agreement with
us and your access to Unlok we will let you know. During any period when
access to your User account is suspended, any Sub Payments which would
otherwise have fallen due during the period of suspension will be
suspended, and we may withhold all or any part of the Creator Earnings due
to you but not yet paid out in accordance with section 13 of the Terms of
Use for Creators.
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Upon termination of your account, we may deal with your Content in any
appropriate manner in accordance with our Privacy Policy
(including by deleting it) and you will no longer be entitled to access
your Content. There is no technical facility on Unlok for you to be
able to access your Content following termination of your account.
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We can investigate any suspected or alleged misuse, abuse, or unlawful
use of Unlok and cooperate with law enforcement agencies in such
investigation.
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We can disclose any information or records in our possession or control
about your use of Unlok 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.
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We can change the third-party payment providers that we use and if we
do so, we will notify you and store applicable details on your Unlok
account.
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Other than Content (which is owned by or licensed to Creators), all
rights in and to Unlok 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.
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We are the sole and exclusive owners of any and all anonymized data
relating to your use of Unlok and such anonymized data can be used by
us for any purpose, including for commercial, development and research
purposes.
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What we are not responsible for: We will use reasonable care and skill
in providing Unlok to you, but there are certain things which we are
not responsible for, as follows:
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We do not authorize or approve Content on Unlok, and views
expressed by Creators or Subscribers on Unlok do not necessarily
represent our views.
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We do not grant you any rights in relation to Content. Any such
rights may only be granted to you by Creators.
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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 Unlok, 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 Unlok.
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You agree that you have no obligation to follow any suggestions,
comments, reviews, or instructions received from another User of
Unlok and that if you choose to do so, you do so entirely at your
own risk.
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We make no promises or guarantees of any kind that Creators or
Referring Users will make a particular sum of money (or any money)
from their use of Unlok (including the Unlok Referral Program).
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The materials which we make accessible on Unlok for Users are for
general information only. We make no promises or guarantees about
the accuracy or otherwise of such materials, or that Users will
achieve any particular result or outcome from using such materials.
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We do not promise that Unlok is compatible with all devices and
operating systems. You are responsible for configuring your
information technology, device, and computer programs to access
Unlok. You should use your own virus protection software.
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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 Unlok.
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While we try to make sure that Unlok is secure and free from bugs
and viruses, we cannot promise that it will be and have no control
over the Content that is supplied by Creators.
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We are not responsible for any lost, stolen, or compromised User
accounts, passwords, email accounts, or any resulting unauthorized
activities or resulting unauthorized payments or withdrawals of
funds.
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You acknowledge that once your Content is posted on Unlok, we
cannot control and will not be responsible to you for the use which
other Users or third parties make of such Content. You can delete
your account at any time, but you acknowledge that deleting your
account will not of itself prevent the circulation of any of your
Content which may have been recorded by other Users in breach of
the Terms of Service or by third parties prior to the deletion of
your account.
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We reserve the right to close your account after 150 days of inactivity. Inactivity is determined by calculating the number of days since your last approved content was uploaded to your feed. After 150 days, we will notify you via email or electronic message. This email will serve as the final notification, and your account will be suspended. If you do not communicate with us within 30 days, your account will be terminated, and all earnings made will be retained by us to cover operations costs associated with closing your account. This action will be taken without future dispute.
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Intellectual property rights – ownership and licenses:
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You confirm that you own all intellectual property rights (examples
of which are copyright and trademarks) in your Content or that you
have obtained all necessary rights to your Content which are
required to grant licenses in respect of your Content to us and to
other Users. This includes any rights required to engage in the
acts covered by sub-section 10(b) below in any territory in which
Unlok is accessible and, in particular, in the United States of
America, the United Kingdom and the European Union.
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You agree to grant us a license under all your Content to perform
any act restricted by any intellectual property right (including
copyright) in such Content, for any purpose reasonably related to
the provision and operation of Unlok. 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, and otherwise deal in your
Content.
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The license which you grant to us under sub-section 10(b) above is
perpetual, non-exclusive, worldwide, royalty-free, sublicensable,
assignable and transferable by us. This means that the license will
continue even after your agreement with us ends and you stop using
Unlok, that we do not have to pay you for the license, and that we
can grant a sub-license of your Content to someone else or assign
or transfer the license 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 Unlok, as
well as to use your Content for other normal operations of Unlok
including, but not limited to posting them on social media
websites. We will never sell your Content to other platforms,
though we may sell or transfer any license you grant to us in the
Terms of Service in the event of a sale of our company or its
assets to a third party.
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Whilst 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 without your permission. Although we are not under any
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. You agree that if we request, you
will provide us with all consents and other information which we
reasonably need to submit notifications of infringement on your
behalf. Please see our Complaints Policyfor how to make a
complaint about infringement of intellectual property rights.
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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 Unlok. This waiver does not affect in any way your ownership of
any intellectual property rights in your Content or the rights
which you have 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 in
section 10(b) above) to add watermarks, stickers or text to your
Content.
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Linking to and from Unlok:
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Links to Unlok:
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You may link to the Unlok 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.
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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
Unlok or give the impression that your Creator account is being
promoted by us if this is not the case. You must not promote your Unlok
account by using Google Ads or any similar advertising platform or
search engine advertising service.
Links from Unlok: If Unlok contains links to other sites and resources
provided by third parties, these links are provided for your convenience
only. Such links should not be interpreted as approval by us of those
linked websites or information you may obtain from them. We have no control
over the contents of those sites or resources and accept no responsibility
for them or for any loss or damage that may arise from your use of them. If
you decide to access any of the third-party websites linked to Unlok, you
do so entirely at your own risk and subject to the terms and conditions of
use for such websites.
How do I delete my account? If you want to delete your Unlok account then
you may do so by contacting a service agent via [email protected]
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If you are a Subscriber, the deletion of your account will take place
within a reasonable time following your request.
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If you are a Creator, then once you initiate the "delete account"
process your account will remain open until the last day of your
Subscriber’s paid subscription period, following which you will receive
your final payment and your account will be deleted.
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Once your account has been deleted you will not be charged any further
amounts or have access to your former Unlok account or its Content, and
any subscriptions will be deleted and cannot be subsequently renewed.
You will receive an email confirmation upon the successful deletion of
your account. Once your account has been deleted, we may deal with your
Content in any appropriate manner in accordance with our Privacy Policy(including by deleting it) and you will no longer
be entitled to access your Content. There is no technical facility on
Unlok for you to be able to access your Content following termination
of your account.
Who is responsible for any loss or damage suffered by you?
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Whether you are a consumer or business User:
We do not exclude or limit in any way our liability to you where it
would be unlawful to do so. This includes (i) liability for death or
personal injury caused by our negligence or the negligence of our
employees, agents or subcontractors, and (ii) fraud or fraudulent
misrepresentation.
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If you are a consumer User:
If you are a consumer User, you agree that:
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We and our subsidiary companies, employees, owners, representatives,
and agents will not be liable to you for any loss of profit, loss of
business or revenue, business interruption, loss of business
opportunity, or loss of anticipated savings suffered by you arising
from or in connection with your use of Unlok.
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If you are a consumer User and reside in the United States of America,
our total liability to you for claims arising out of or related to your
agreement with us shall be limited to USD 250 per claim.
If you are a business User:
If you are a business User, you agree that:
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We and our subsidiary companies, employees, owners, representatives,
and agents:
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exclude (to the extent permitted by law) all implied conditions,
warranties, representations, or other terms that may apply to Unlok
or any content on it. This means that if the Terms of Service do
not expressly include a promise or commitment by us, then one
cannot be implied by law;
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are not responsible to you for any loss or damage suffered by you
that is not a foreseeable result of our breaching the Terms of
Service or our failing to use reasonable care and skill. Loss or
damage is foreseeable if either it is obvious that it will happen
or if, at the time you agreed to the Terms of Service, both we and
you knew it might happen;
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will not be liable to you for any loss or damage, whether in
contract, tort (including negligence), breach of statutory duty, or
otherwise, even if foreseeable, arising out of or in connection
with:
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your inability to use Unlok or any of its services, features or
programs; or
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your use of or reliance on any content (including Content)
stored on Unlok;
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will not be liable to you for any:
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loss of profits;
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loss of sales, business, or revenue;
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business interruption;
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loss of anticipated savings;
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loss of business opportunity, goodwill or reputation;
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loss of data or information, including any Content; or
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indirect or consequential loss or damage;
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won't be liable to you for any loss or damage caused by a
distributed denial-of-service attack, virus, ransomware, or other
technologically harmful material that may infect your computer
equipment, computer programs, data, or other proprietary material
due to your use of Unlok or any of its services, features or
programs, or due to your downloading of any material posted on it,
or on any website linked to it;
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won't be liable to you if your Content is copied, distributed,
reposted elsewhere or its copyright is infringed by another User or
any third party;
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won't be liable to you for any disclosure of your identity, or any
disclosure or publication of your personal information by other
Users or third parties without your consent (also known as
“doxing”);
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will not be liable to you for any failure or delay by us in
complying with any part of the Terms of Service arising from events
outside our reasonable control. If there is any failure or delay by
us in complying with any part of the Terms of Service arising from
an event outside our reasonable control then we will contact you as
soon as possible to let you know and we will take steps to minimize
the effect of the delay.
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Our total liability to you for any and all claims arising out of or
related to your agreement with us, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise shall be limited to
the greater of:
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100% of the total fees paid by you to us in connection with your
use of Unlok; and
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USD 5,000.
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General: You agree that:
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You understand that it is prohibit any activity that is illegal or
otherwise violates standards of the card brands
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You are required to obtain and keep on record written consent from
all persons depicted in the content specific to the following
areas: Consent to be depicted in the content, Consent to allow for
the public distribution of the content and to upload the content to
Unlok.me and If the content will be made available for downloading
by other users, consent to have the content downloaded.
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You are required to verify the identity and age of all persons
depicted in content to ensure that all persons depicted are adults
and to be able to provide supporting
documents upon request.
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If any aspect of your agreement with us is unenforceable, the rest
will remain in effect.
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If we fail to enforce any aspect of your agreement with us, it will
not be a waiver;
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We reserve all rights not expressly granted to you.
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No implied licenses or other rights are granted to you in relation
to any part of Unlok, save as expressly set out in the Terms of
Service.
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Your agreement with us does not give rights to any third parties,
except that the exclusions and limitations of liability in the
section entitled Who is responsible for any loss or damage suffered by you?
may be enforced by our subsidiary companies, employees, owners,
representatives and agents.
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You cannot transfer your rights or obligations under your agreement
with us without our prior written consent.
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Our rights and obligations under your agreement with us can be
assigned or transferred by us to others. For example, this could
occur if our ownership changes (as in a merger, acquisition, or
sale of assets) or by law. In addition, we may choose to delegate
performance of any of our obligations under your agreement with us
to any third party, but we will remain responsible to you for the
performance of such obligations.
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The Terms of Service form the entire agreement between us and you
regarding your access to and use of Unlok, and supersede any and
all prior oral or written understandings or agreements between us
and you.
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Terms relating to disputes – the law which applies to your agreement
with us and where disputes and claims concerning Unlok (including those
arising from or relating to your agreement with us) can be brought:
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For consumers (Subscribers):
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Consumers - Law:
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If you are a consumer, your agreement with us is governed by United
States of America law and United States of America law will apply
to any claim you have against us or we have against you that arises
out of or in connection with your agreement with us (including
non-contractual disputes or claims). You will also be able to rely
on mandatory rules of the law of the country where you live.
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Consumers - where claims must be brought:
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If you are a consumer resident in the United States of America, any
claim arising out of or in connection with your agreement with us
(whether by you against us or us against you, and including
non-contractual disputes or claims) may be brought in the courts of
the United States of America or the courts of the country where you
live.
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If you are a consumer resident outsideof the United States
of America, any claim arising out of or in connection with your
agreement with us (whether by you against us or us against you, and
including non-contractual disputes or claims) must be
brought in the courts of the United States of America.
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For business Users (Creators and Referring Users):
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Business Users – Law:
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Business Users - where claims must be brought:
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If you are a business User, you and we agree that the courts of the
United States of America shall have exclusive jurisdiction to
resolve any dispute or claim (including non-contractual disputes or
claims) which you have against us or we have against you arising
out of or in connection with your agreement with us or its subject
matter or formation.
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Limitation period for bringing claims:
Except where prohibited by applicable law, any claim or cause of action
which you have concerning Unlok (including those arising out of or
related to your agreement with us) must be filed within one year after
the date on which such claim or cause of action arose or the date on
which you learned of the facts giving rise to the cause of action
(whichever is the earlier), or be forever barred.
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Other terms which form part of your agreement with us: These Terms of
Use for all Users govern your agreement with us. Certain other terms or
policies forming part of the Terms of Service will also apply to you
and form part of your agreement with us, as follows:
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Terms
of Use for Subscribers – which contain additional terms which apply
if you use Unlok as a Subscriber;
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Terms
of Use for Creators – which contain additional terms which apply if
you use Unlok as a Creator;
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Privacy Policy
– which applies to all Users and tells you how we use your personal
data and other information we collect about you;
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Acceptable Use Policy
which applies to all Users and tells you what you can and can’t do
on Unlok;
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Referral Program Terms
– which outline the terms that apply if you participate in the
Unlok Referral Program;
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Complaints Policy
- which sets out the procedure for making a complaint about any
aspect of Unlok, and how we will deal with that complaint; and
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Platform to Business Regulation Terms
– which contain additional terms which apply to Creators who are
established or resident in the European Union or the United
Kingdom.
If there is any conflict between these Terms of Use for all Users and any
of the terms or policies listed at section 17(a) to (g) above, the Terms of
Use for all Users will apply to the extent of the conflict.
Last updated: October 28th 2021
TERMS OF USE FOR SUBSCRIBERS
BY USING OUR WEBSITE AS A SUBSCRIBERS YOU AGREE TO THESE TERMS – PLEASE
READ THEM CAREFULLY
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Introduction: These Terms of Use for Subscribers are additional terms
which apply if you use Unlok as a Subscriber (also referred to as "you"
and "your" in these Terms of Use for Subscribers). These Terms of Use
for Subscribers form part of your agreement with us.
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Interpretation: In these Terms of Use for Subscribers, defined terms
have the same meanings given to them in the Terms of Use for all Users. In addition:
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"Subscription" means a Subscriber’s monthly subscription to a
Creator’s account;
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"Tax" shall include all forms of tax and statutory, governmental,
state, federal, provincial, local government or municipal charges,
duties, imposts, contributions, levies, withholdings or liabilities
wherever chargeable and whether of the USA or any other
jurisdiction.
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Other terms which will apply to your use of Unlok: The following terms
will also apply to your use of Unlok and you agree to them:
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Our Terms of Use for all Users;
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Our Privacy Policy– which tells you how we use your personal
data and other information we collect about you;
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Our Acceptable Use Policy– which tells you what you can and
can't do on Unlok;
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Our Complaints Policy– which sets out the procedure for
making a complaint about any aspect of Unlok, and how we will deal
with that complaint; and
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The Standard Contract between Subscriber and Creator– which
does not form part of your agreement with us, but applies to each
transaction you enter into with any Creator and sets out the terms
on which you will contract with Creators.
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Other terms which may apply to your use of Unlok: The following
additional terms may apply to your use of Unlok:
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If you are also a Creator, the Terms of Use for Creatorswill
apply to your use of Unlok as a Creator; and
-
If you participate in the Unlok referral program, the Referral Program Termswill apply to your use of the Unlok
Referral Program.
-
Your commitments to us: You warrant (which means you make a legally
enforceable promise) that:
-
you are at least 18 years old;
-
if the laws of the country or State/province where you live provide
that you can only be legally bound by a contract with us at an age
which is higher than 18 years old, then you are old enough to be
legally bound by a contract with us under the laws of the country
or State/province where you live; and
-
you are not be barred from accessing Unlok under any laws which
apply to you.
-
Content - general terms: In addition to the terms set out elsewhere in
the Terms of Service (in particular in our Acceptable Use Policy
), the following terms apply to the Content posted, displayed, uploaded
or published by you as a Subscriber on Unlok:
-
You warrant (which means that you make a legally enforceable
promise to us) that for each item of Content which you post,
display, upload or publish on Unlok:
-
the Content complies in full with the Terms of Service (and in
particular our Acceptable Use Policy);
-
you either own your Content (and all intellectual property
rights in it) or have a valid license to your Content; and
-
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 Unlok.
-
You agree that you will be liable to us and indemnify us if any of the
warranties at section 6(a) is untrue. This means you will be
responsible for any loss or damage we suffer as a result of any
warranty being untrue.
-
We are not responsible for and do not endorse any aspect of any Content
posted by you or any other User of Unlok.
-
Adult material: You acknowledge that you are aware that some of the
Content on Unlok contains adult material, and you agree to take this
into account when deciding where to access and 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 containing adult material in a way
which places you in breach of any contract you have with a third party
(for example, your employment contract) or in breach of any applicable
law.
-
Subscriptions and purchases by Subscribers: This section describes the
terms which apply to transactions and interactions between Subscribers
and Creators:
-
All transactions and interactions facilitated by Unlok are
contracts between Subscribers and Creators on the terms of the Standard Contract between Subscriber and Creator. Although
we facilitate transactions and interactions between Subscribers and
Creators by providing the Unlok platform, storing Content, and
acting as a payment intermediary, we are not a party to the Standard Contract between Subscriber and Creatoror any other
contract which may exist between a Subscriber and Creator, and are
not responsible for any transactions or interactions between
Subscribers and Creators.
-
Creators are solely responsible for determining (within the
parameters for pricing on Unlok) the pricing applicable to
transactions and interactions and the Content to which you may be
given access. All prices appear in USD only.
-
To view a Creator's Content and/or utilize the Subscriber
interaction function on Unlok, 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
Subscriber Payment. All Subscriber 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 Subscriber 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 Subscriber Payment.
-
The payment provider will take (i) monthly payments from your
payment card for Subscriber Payments which are Subscriptions; and
(ii) immediate payments from your payment card for ad hoc
Subscriber Payments such as use of the Subscriber interaction
function on a Creator's account or paying a tip to the Creator. 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 end of the
monthly subscription period, except if your payment card was
declined, the subscription price has increased, or you have turned
off the "Auto-Renew" switch located on the relevant Creator's
profile. This means that if you want to stop subscribing to a
Creator's profile and paying continuing monthly subscription
charges, you will need to manually cancel the subscription on the
Creator’s page.
-
If you cancel a Subscription you will continue to be permitted to
view the relevant Creator's Content until the end of the
subscription period in which you cancelled, 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.
-
You agree that you will not make unjustified requests for a refund
from any Creator which you follow, or unjustified chargeback
requests of your payment card provider in relation to any
transaction between you and a Creator. If we consider that any
request for a refund or chargeback request was made by you in bad
faith, we have the right to suspend or delete your User account.
-
Suspension of your User account: If we suspend your User account in
accordance with our rights under the Terms of Service, then any
Subscription Payments which would otherwise have fallen due during the
period of suspension of your User account will be suspended during the
period of the suspension of your User account.
Last updated: October 28th 2021
TERMS OF USE FOR CREATORS
BY USING OUR WEBSITE AS A CREATOR YOU AGREE TO THESE TERMS – PLEASE READ
THEM CAREFULLY
-
Introduction: These Terms of Use for Creators are additional terms
which apply if you use Unlok as a Creator (also referred to as "you"
and "your" in these Terms of Use for Creators). These Terms of Use for
Creators form part of your agreement with us.
-
Interpretation: In these Terms of Use for Creators, defined terms have
the same meanings given to them in the Terms of Use for all Users. In addition:
-
"Person with Majority Control" means any individual who meets one
or both of the following conditions in relation to a corporate
entity:
-
the individual holds, directly or indirectly, more than 50% of
the shares in the corporate entity;
-
the individual holds, directly or indirectly, more than 50% of
the voting rights in the corporate entity;
-
"Tax" shall include all forms of tax and statutory, governmental,
state, federal, provincial, local government or municipal charges,
duties, imposts, contributions, levies, withholdings or liabilities
wherever chargeable and whether of the USA or any other
jurisdiction.
-
Other terms which will apply to your use of Unlok: The following terms
will also apply to your use of Unlok and you agree to them:
-
Our Terms of Use for all Users;
-
Our Privacy Policy– which tells you how we use your personal
data and other information we collect about you;
-
Our Acceptable Use Policy– which tells you what you can and
can’t do on Unlok;
-
Our Complaints Policy– which sets out the procedure for
making a complaint about any aspect of Unlok, and how we will deal
with that complaint; and
-
The Standard Contract between Subscriber and Creator– which
does not form part of your agreement with us, but sets out the
agreement between you and your Subscribers for each transaction
between you and them.
-
Other terms which may apply to your use of Unlok: The following
additional terms may apply to your use of Unlok:
-
If you are also a Subscriber, the Terms of Use for Subscriberswill also apply to your use of
Unlok as a Subscriber; and
-
If you participate in the Unlok Referral Program, the Referral Program Termswill apply to your use of the Unlok
Referral Program.
-
What are the fees that we charge Creators for the use of Unlok? We
charge a fee to you of twenty per cent (20%) of all Subscriber Payments
made to you (exclusive of any fee element of the Subscriber Payment)
(called Our Fee). The remaining eighty per cent (80%) of the
Subscription Payment (exclusive of any fee element of the Subscriber
Payment) is payable to you (called "Creator Earnings"). Our Fee
includes our costs of providing, maintaining and operating Unlok and
storing your Content. Our Fee is deducted from the Subscriber Payment,
and Creator Earnings are paid to you in the way described in the Payouts to Creatorssection below.
-
How to set up your account as a Creator account: To set up your account
as a Creator account:
-
You will need to sign up as a Creator and upload a valid form of ID
and one photo of your face next to the ID in accordance with the
requirements set out here.
-
You will need to select one of the available methods provided by Unlok
as to how your Creator Earnings will be transferred to you. These
methods are called Payout Options.
-
You may also need to submit additional information depending on the
country where you live.
-
We may ask you for additional age or identity verification information
at any time. We may reject your application to set up a Creator account
for any reason, including the reasons stated here.
-
Once you have set up your account as a Creator account, then if you
want to charge your Subscribers a monthly subscription fee you will
need to set your subscription price for your Subscribers within the
range allowed by Unlok as set out here.
-
You will then be able to start adding Content and Users will be able to
subscribe to your account to become your Subscribers.
-
If you lose access to your account, you can reset your password, but
you will need to know the email address used to set up the account to
do so. If you do not recall the email address used to set up the
account, we may require you to provide identification documents and
photos and any additional evidence we may reasonably require to prove
your identity.
-
Agencies cannot be Creators: Every Creator is the owner of their own
account and must have access to their account at all times. If you have
an agent or agency which assists you with the operation of your Creator
account (or operates it on your behalf), this does not affect your
personal legal responsibility. Our relationship is with you, and not
your agent or agency, and you will be legally responsible for ensuring
that all Content posted and all use of your account complies with the
Terms of Service.
-
Creators who use corporate entities: If you set up a corporate entity
to receive your Creator Earnings, you must provide evidence to us on
request that you are the Person with Majority Control of that corporate
entity. We will only pay your Creator Earnings into a bank account not
held in your name where the bank account is held in the name of the
corporate entity and you are the Person with Majority Control of that
corporate entity. You agree that if you use a corporate entity to
receive Creator Earnings you will comply with all laws (including Tax
laws) which are applicable to corporate entities in the place where the
corporate entity is established.
-
Subscriptions and purchases by Subscribers: This section describes the
terms which apply to transactions and interactions between Subscribers
and Creators:
-
All transactions and interactions facilitated by Unlok are
contracts between Subscribers and Creators on the terms of the Standard Contract between Subscriber and Creator. Although
we facilitate transactions and interactions between Subscribers and
Creators by providing the Unlok platform, storing Content, and
acting as a payment intermediary, we are not a party to the Standard Contract between Subscriber and Creatoror any other
contract which may exist between a Subscriber and Creator, and are
not responsible for any transactions or interactions between
Subscribers and Creators.
-
When a Subscriber has made the required payment for access to your
Content, for the provision of customized Content or for use of the
Subscriber interaction function on your account, you must allow the
Subscriber to view the Content paid for and/or provide the
customized Content and/or allow the Subscriber to use the
Subscriber interaction function paid for (as applicable). You agree
that you will indemnify us for any breach by you of this obligation
(which means you will be responsible for any loss or damage
(including loss of profit) we suffer as a result of you failing to
comply with this obligation).
-
Content – general terms: In addition to the terms set out elsewhere in
the Terms of Service (in particular in our Acceptable Use Policy
), the following terms apply to the Content posted, displayed, uploaded
or published by you as a Creator on Unlok:
-
Your Content is not confidential, and you authorize your
Subscribers to access and view your Content on Unlok for their own
lawful and personal use, and in accordance with any licenses that
you grant to your Subscribers.
-
You warrant (which means that you make a legally enforceable
promise to us) that for each item of Content which you post,
display, upload or publish on Unlok:
-
the Content complies in full with the Terms of Service (and in
particular our Acceptable Use Policy);
-
you hold all rights necessary to license and deal in your
Content on Unlok, including in each territory where you have
Subscribers and in the United States of America;
-
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
Subscribers;
-
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 Unlok; and
-
the Content is:
-
of satisfactory quality, taking account of any description of the
Content, the price, and all other relevant circumstances including
any statement or representation which you make about the nature of
the Content on your account or in any advertising;
-
reasonably suitable for any purpose which the Subscriber has made
known to you is the purpose for which the Subscriber is using the
Content; and
-
as described by you.
-
You agree that you will be liable to us and indemnify us if any of the
warranties at section 10(b) is untrue. This means you will be
responsible for any loss or damage (including loss of profit) we suffer
as a result of any of the warranties being untrue.
-
You also agree to act as custodian of records for the Content that you
upload to Unlok.
-
Co-authored Content:
-
If you upload Content to your Creator account which shows anyone
else other than or in addition to you (even if that person cannot
be identified from the Content) ("Co-Authored Content"), you
warrant (which means you make a legally enforceable promise) that
each individual shown in any Co-Authored Content uploaded to your
account:
-
is a Creator on Unlok;
-
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 Unlok.
-
In addition to the confirmations in section 11(a) above, you agree that
if you upload Co-Authored Content where the other person or people
appearing in the Content can be identified from the Content, you will
tag the Unlok account(s) of any person or people appearing in the
Co-Authored Content who can be identified from it.
-
You must not upload any Content containing any image, photo, video or
audio of anyone else other than or addition to you unless such person
is also a Creator on Unlok.
-
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 Unlok.
-
You agree that we will only pay out Creator Earnings to the account of
the Creator to which the Co-Authored Content is uploaded. The Creator
who uploaded the Co-Authored Content is solely responsible for dividing
and distributing any revenue generated from the Co-Authored Content
between the Creators shown in such Co-Authored Content. Any such
revenue-sharing agreement shall be an independent, private agreement
between Creators, and we are not responsible for providing or enforcing
any such agreements. You understand and agree that you are not entitled
to any Creator Earnings earned on any Co-Authored Content in which you
appear but which is posted on another Creator’s account. If you post
Co-Authored Content on your account, we may require you to provide
valid and complete legal information for all individuals which appear
in the Co-Authored Content. If you fail to provide any information
requested by us upon our request, we may delete the Co-Authored
Content, restrict your rights and permissions to post as a Creator,
terminate your account, and/or withhold all or any portion of Creator
Earnings earned but not yet paid out 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 appeared in the Co-Authored Content (as
applicable).
-
Payouts to Creators:
-
All Subscriber Payments will be received by a third-party payment
provider approved by us.
-
If you have chosen the Stripe Payout Option, we will ensure that
Stripe, acting as our payment provider, will collect the Subscriber
Payment and:
-
pay Our Fee on the Subscriber Payment to an account held in our
name; and
-
pay the Creator Earnings to your bank account or the bank
account of a corporate entity in which you are a Person with
Majority Control (see section 8 above).
-
Where Stripe is not the Payout Option chosen by you, we will
receive the Subscriber Payment in full from the relevant payment
provider. We will deduct Our Fee from the Subscriber Payment and
then will hold the Creator Earnings on your behalf in our capacity
as your agent.
-
Your Unlok account will be updated within a reasonable time with
your Creator Earnings. Your Creator Earnings will become available
for withdrawal by you from your Unlok account once such Creator
Earnings appear in your Unlok account.
-
To make a withdrawal of Creator Earnings from your Unlok account,
you must have at least the minimum payout amount in your Unlok
account. Please click on the Payments page on your account to see
what the minimum payout amount is for your country of residence and
Payout Option.
-
The amount that you see in your ‘available balance’ in your Unlok
account is your Creator Earnings at the relevant time. All
Subscriber Payments and Creator Earnings are transacted in USD
only. Your bank may charge you currency conversion or transfer fees
to receive the money. Additionally, your e-wallet company may
charge you a fee for accessing the money. We do not have control
over currency exchange rates or charges imposed by your bank or
your e-wallet company, and we are not responsible for paying any
charges imposed by your bank or your e-wallet company.
-
If a Subscriber successfully seeks a refund or chargeback from
their credit card provider in respect of a Subscriber Payment, we
may investigate and may decide to deduct from your account an
amount equal to the Creator Earnings earned by you on the
charged-back or refunded amount.
-
Except for Payout Options involving payment by direct bank transfer
from us, we do not store any data disclosed by you when you
register your Payout Options with a third-party payment provider.
-
Circumstances in which we may withhold Creator Earnings:
-
We may withhold all or any part of the Creator Earnings due to you
but not yet paid out:
-
if we think that you have or may have seriously or repeatedly
breached any part of the Terms of Service;
-
if you attempt or threaten to breach any part of the Terms of
Service in a way which we think has or could have serious
consequences for us or another User (including actual or
possible loss caused to us or another User); or
-
if we suspect that all or any part of the Creator Earnings result from
unlawful activity, either by you or by the Subscriber who made the
Subscriber Payment resulting in the Creator Earnings,
-
if no appropriate content has been uploaded in the last 30 days
for as long as is necessary to investigate the actual, threatened or
suspected breach by you or the suspected unlawful activity (as applicable).
If following our investigation, we conclude that (i) you have seriously or
repeatedly breached any part of the Terms of Service; (ii) you have
attempted or threatened to breach any part of the Terms of Service in a way
which has or could have serious consequences for us or another User
(including actual or possible loss caused to us or another User), and/or
(iii) the Creator Earnings result from unlawful activity, we may notify you
that you have forfeited your Creator Earnings.
-
We shall not have any responsibility to you if we withhold or forfeit
any of your Creator Earnings where we have a right to do so under these
Terms of Use for Creators.
-
If we are withholding all or any part of the Creator Earnings due to
you and we determine that part of the Creator Earnings withheld by us
is unrelated to breaches by you of the Terms of Service or suspected
unlawful activity, then we may pay to you the part of the Creator
Earnings which we determine to be unrelated to breaches by you of the
Terms of Service or suspected unlawful activity. However, you agree
that if we consider that your breach(es) of the Terms of Service has or
may cause us loss, we may withhold all Creator Earnings due to you but
not yet paid and we may set off such amounts against any losses
suffered by us.
-
If once we have finished our investigation we determine that Creator
Earnings are forfeited, we will use our best efforts to return any
Subscriber Payments which resulted in forfeited Creator Earnings to the
relevant Subscribers who paid such Subscriber Payments.
-
Promoting Tax compliance:
-
General:
-
We recommend that all Creators seek professional advice to
ensure you are compliant with your local Tax
,
based on your individual circumstances.
-
By using Unlok as a Creator, you warrant (which means you make
a legally enforceable promise) that you have reported and will
report in the future the receipt of all payments made to you in
connection with your use of Unlok to the relevant Tax authority
in your jurisdiction, as required by law.
-
By using Unlok as a Creator you warrant (which means you make a legally
enforceable promise) that you will at all times comply with all laws
and regulations relating to Tax which apply to you. If, at any point
whilst you have an Unlok account, any Tax non-compliance occurs in
relation to you (including a failure by you to report earnings or the
imposition on you of any penalty or interest relating to Tax) or if any
litigation, enquiry, or investigation is commenced against you that is
in connection with, or which may lead to, any occurrence of Tax
non-compliance, you agree that you will:
-
notify us by email to [email protected]
in writing within 7 days of the occurrence of the Tax non-compliance or
the commencement of the litigation, enquiry or investigation (as
applicable); and
-
promptly provide us by email to [email protected]with:
-
details of the steps which you are taking to address the occurrence
of the Tax non-compliance and to prevent the same from happening
again, together with any mitigating factors that you consider
relevant; and
-
such other information in relation to the occurrence of the Tax
non-compliance as we may reasonably require.
-
For the avoidance of doubt, you are responsible for your own Tax
affairs and Unlok is not responsible or liable for any non-payment of
Tax by Creators.
-
We reserve the right to close your Unlok account if we are notified of
or become aware of any Tax non-compliance by you.
Last updated: October 28th 2021
ACCEPTABLE USE POLICY
BY USING OUR WEBSITE YOU AGREE TO THIS POLICY – PLEASE READ IT CAREFULLY
This Policy applies to your use of Unlok and all Content on Unlok and forms
part of your agreement with us. This Policy sets out what is and is not
permitted on Unlok.
In this Policy, defined terms have the same meanings as in our Terms of Use for all Users.
-
Do not use Unlok except for your own personal use and do not sell,
rent, transfer, or share your account or any Content obtained from your
use of Unlok to or with anyone else.
-
Only use Unlok in a manner and for a purpose that is lawful.
-
Do not upload, post, display, or publish Content on Unlok that is
illegal, fraudulent, defamatory, hateful, discriminatory, threatening
or harassing, or which encourages or promotes violence or any illegal
activity.
-
Do not use Unlok in any way which may exploit, harm, or attempt to
exploit or harm any individual under 18 years old, for example by
exposing them to inappropriate Content.
-
Do not upload, post, display, or publish Content on Unlok that:
-
shows, includes or refers to:
-
any individual under 18 years old (or which refers to
individuals under 18 years old generally); or
-
any other individual unless you have written documentation
which confirms that all individuals shown or included or
referred to in your Content are at least 18 years old, and you
have a written consent from each individual to use their name
or images (or both) in the Content;
-
shows, promotes, advertises or refers to:
-
firearms, weapons, or any goods whose sale, possession or use
is subject to prohibitions or restrictions;
-
drugs or drug paraphernalia;
-
incest;
-
bestiality;
-
violence, rape, lack of consent, hypnosis, intoxication, sexual
assault, torture, sadomasochistic abuse or hardcore bondage, extreme
fisting, or genital mutilation;
-
necrophilia;
-
urine, scatological, or excrement-related material;
-
"revenge porn" (being any sexually explicit material featuring any
individual who has not given prior, express and fully informed consent
to that material (a) being taken, captured, or otherwise memorialized,
or (b) being posted and shared on Unlok);
-
escort services, sex trafficking, or prostitution;
-
contains unsolicited sexual content or unsolicited 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");
-
contains, promotes, advertises or refers to hate speech (being Content
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);
-
contains or refers 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 Unlok
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;
-
either:
-
in the case of Content featuring public nudity, was recorded in or
is being broadcast from a country, State or province where public
nudity is illegal; or
-
in the case of Content featuring sexual activities, was recorded in
or is being broadcast from a public place where members of the
public are reasonably likely to see the activities being performed
(this does not include outdoor places where members of the public
are not present, for example private property such as a private
backyard, or secluded areas in nature where members of the public
are not present).
-
gives the impression that it comes from or is approved, licensed or
endorsed by us or any other person or company;
-
causes or is calculated to cause inconvenience, or anxiety to anyone
else or which is likely to upset, embarrass, or cause serious offence
to anyone else;
-
is used or is intended to be used to extract money or another benefit
from anyone else in exchange for removal of the Content; and/or
-
involves or promotes third party commercial activities or sales, such
as contests, sweepstakes and other sales promotions, product
placements, advertising, or job posting or employment ads without our
prior express consent.
-
Do not use Unlok to stalk, bully, abuse, harass, threaten or intimidate
anyone else.
-
Do not use Unlok to engage in misleading or deceptive conduct, or
conduct that is likely to mislead or deceive any other User.
-
Respect the intellectual property rights of Creators, including by not
recording, reproducing, sharing, communicating to the public or
otherwise distributing their Content without authorization.
-
Do 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.
-
Do 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.
-
Do not provide false account registration information or make
unauthorized use of anyone else's information or Content.
-
Do 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 or low quality.
-
Do 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.
-
Do not use other media or methods (for example the use of codewords or
signals) to communicate anything which violates this Policy.
-
Do 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.
-
Do not knowingly introduce any viruses, trojans, worms, logic bombs or
other material into Content which is or may be malicious or
technologically harmful.
-
Do not decompile, disassemble, reverse engineer, or otherwise attempt
to discover or derive the source code of Unlok.
-
Do not use Unlok in a way that could adversely affect our systems or
security or interfere with any other User’s use of Unlok, including
their ability to engage in real time activities through Unlok.
-
Do not use any automated program, tool or process (such as web
crawlers, robots, bots spiders, and automated scripts) to access Unlok
or any server, network or system associated with Unlok, or to extract,
scrape, collect, harvest or gather Content or information from Unlok.
-
Do not use Unlok 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.
Breaches of this Policy may lead to your account being suspended or
terminated, and access to your earnings being revoked, as set out in the
Terms of Service.
Last updated: October 28th 2021
REFERRAL PROGRAM TERMS
WARNING!
In compliance with regulation 3 of the Trading Scheme Regulations 1997 (as
amended) and section 120(1) of the Fair Trading Act 1973, please read the
warning below in respect of the Unlok Referral Program:
-
It is illegal for us or for a participant in the Unlok Referral Program
(including Referring Users and Referred Creators) to persuade anyone to
make a payment by promising benefits from getting others to join the
Unlok Referral Program.
-
Do not be misled by claims that high earnings are easily achieved from
participation in the Unlok Referral Program.
-
Although we do not demand any payment from Referring Users for the
purposes of participating in the Unlok Referral Program, we are legally
required to inform you that if you sign this contract, you have 14 days
in which to cancel and get your money back.
-
Introduction: These Referral Program Terms are additional terms which
apply if you use the v Referral Program. These Referral Program Terms
form part of your agreement with us.
-
Interpretation: In these Referral Program Terms defined terms have the
same meanings given to them in the Terms of Use for all Users.
In addition:
-
"Referring User" is also referred to as "you" or "your" in these
Referral Program Terms;
-
"Referred Creator" means the person who joins Unlok as a Creator via
the Referring User's unique referral link.
What is the Unlok Referral Program? Unlok offers a referral program by
which existing Users can introduce people who are interested in becoming
Creators to Unlok and receive referral payments from Unlok which are
calculated and limited as described in these Referral Program Terms.
The Unlok Referral Program is operated by Miami Image Society LLC. We are a
limited company registered in the United States of America, with company
registration number L170000125513 and we have our registered office address
at 330 84TH ST, Apt 6, Miami Beach, FL, USA 33141.
-
The rules of the Unlok Referral Program:
-
Only Users of Unlok with a current User account can participate in
the Unlok Referral Program. If a User's account has been suspended
or terminated by us for any reason or deleted by the User, that
User will not be eligible to participate in the Unlok Referral
Program.
-
You will need on your User account page to add bank account details
of your own bank account in order to receive referral payments
under the Unlok Referral Program.
-
Each User has a unique referral link (which can be accessed via the
User's User account) which the User may share with others. When
sharing your unique referral link you must not impersonate Unlok or
give the impression that your referral link is being shared or
promoted by us. You must not use Google Ads or any similar
advertising platform or search engine advertising service to share
or promote your unique referral link. Upon our request, you must
disclose the methods by which you share your unique referral link
in the Bio/Website field of your Unlok account.
-
The Referred Creator must click on your unique referral link and
then register with Unlok using the same browser that they used to
click on your unique referral link. If someone registers with Unlok
other than by using your unique referral link, we will not link
that account to your referral and we will not make any referral
payment to you.
-
The Referred Creator must not have opened a User account with Unlok
(whether under the same name or another name) before clicking on
your unique referral link. If the Referred Creator is currently or
has previously been a User of Unlok we will not make any referral
payment to you for the referral.
-
If the Referred Creator sets up more than one User account we will
make referral payments to you on the earnings made by the Referred
Creator from their first User account only. We will not pay any
referral payments to you on any further User accounts set up by the
Referred Creator.
-
We will not pay any referral payments to you on any referral of a
Referred Creator which we determine is owned or operated by you, or
is in a commercial relationship with you. You will provide any
information which we request to enable us to determine whether the
Referred Creator is owned or operated by you or if there is a
commercial relationship between you and the Referred Creator.
-
You agree that when promoting Unlok in any way as a Referring User:
-
you will not give a false impression of Unlok, the services, programs,
and content (including Content) made available through Unlok, its Users
or the Terms of Service; and
-
you will not make any statements which suggest to a potential Creator
that the potential Creator will make a particular sum of money (or any
money) from their use of Unlok, or any statements regarding the likely
number of Subscribers.
Referral payments:
-
How are referral payments calculated? Once a Referred Creator has
become a registered User of Unlok in accordance with the rules of the
Unlok Referral Program described above, we will pay the Referring User
a referral payment equal to five per cent. (5%) of Subscriber Payments
generated by the Referred Creator in the twelve months after the date
on which the Referred Creator becomes a registered User of Unlok, up to
a maximum referral payment by Unlok to the Referring User of US$50,000
per Referred Creator.
This means that if a Referred Creator generates Subscriber Payments with a
total value of US$1 million or more in the twelve months after the date on
which that Referred Creator becomes a registered User of Unlok, then the
Referring User's referral payments in relation to that Referred Creator
will be capped at US$50,000 in total. However, if the Referred Creator
generates Subscriber Payments with a total value of less than US$1 million
in the twelve months after the date on which that Referred Creator becomes
a registered User of Unlok, then the Referring User will be paid five per
cent. (5%) of the Subscriber Payments generated by that Referred Creator in
the twelve months after the date on which the Referred Creator becomes a
registered User of Unlok, following which no further referral payments will
be made to the Referring User in respect of that Referred Creator.
For all referrals made prior to 1 May 2020, we will make referral payments
to the relevant Referring Users until 1 May 2021 or until US$50,000 has
been paid out by us to the Referring User on the referral, whichever occurs
first.
-
Warning: In compliance with regulation 3 of the Trading Scheme
Regulations 1997 (as amended) and section 120(1) of the Fair Trading
Act 1973, please read the warning below in respect of the Unlok
Referral Program:
-
It is illegal for us or for a participant in the Unlok Referral Program
(including Referring Users and Referred Creators) to persuade anyone to
make a payment by promising benefits from getting others to join the
Unlok Referral Program.
-
Do not be misled by claims that high earnings are easily achieved from
participation in the Unlok Referral Program.
Choosing a payout method to receive referral payments: In order to be able
to receive referral payments you must first choose one of the payout
methods provided by Unlok in your country of residence. These methods are
called "Payout Options".
How frequently are referral payments made? We will transfer to your Unlok
account the referral payment due to you on Subscriber Payments made to the
Referred Creator in a calendar month on or around the first day of the next
calendar month (which means, for example, that referral payments due to you
in respect of Subscriber Payments made to the Referred Creator in February
shall be paid to you on or around 1 August).
Who bears the cost of the referral payment? The cost of the referral
payment is borne by us, not the Referred Creator.
-
Our rights relating to the referral program.
-
If referral payments have been made incorrectly then we have the
right to recover the wrongly paid sums from the User to whom the
wrongly paid sums have been paid.
-
We may request you or Referred Creators (or both) to provide us
with ID and other information reasonably required by us to verify
any referral payment to be made and the person to whom any referral
payment should be made. Failure to provide any information
requested by us may lead to you losing your entitlement to referral
payments in respect of the relevant Referred Creator.
-
We may change any aspect of the Unlok Referral Program (including
how referral payments are calculated) or discontinue the Unlok
Referral Program at any time, but no change will deprive any
Referring User of referral payments already earned based on
Subscriber Payments made to Referred Creators before the changes
came into effect.
-
Circumstances in which we may withhold referral payments:
-
We may withhold all or any part of the referral payments due to you
but not yet paid out:
-
if we think that you have or may have seriously or repeatedly breached
any part of the Terms of Service;
-
if you attempt or threaten to breach any part of the Terms of Service
in a way which has or could have serious consequences for us or another
User (including actual or possible loss caused to us or another User);
or
-
if we suspect that all or any part of the referral payments due to you
result from unlawful activity, either by you, by the Subscriber who
made the Subscriber Payment to the Referred Creator which resulted in
the referral payment, or by the Referred Creator to whom the Subscriber
Payment was made which resulted in the referral payment,
for as long as is necessary to investigate the actual, threatened or
suspected breach(es) by you or the suspected unlawful activity (as
applicable). If following our investigation, we conclude that (i) you have
seriously or repeatedly breached any part of the Terms of Service; (ii) you
have attempted or threatened to breach any part of the Terms of Service in
a way which has or could have serious consequences for us or another User
(including actual or possible loss caused to us or another User), and/or
(iii) all or any part of referral payments due to you result from unlawful
activity, we may notify you that you have forfeited all or any part of your
referral payments.
-
We shall not have any responsibility to you if we withhold or forfeit
any payment due to you under the Unlok Referral Program where we have a
right to do so under these Referral Program Terms.
-
If we are withholding all or any part of the referral payments due to
you and we determine that part of the referral payments withheld by us
is unrelated to breaches by you of the Terms of Service or suspected
unlawful activity, then we may pay to you the part of the referral
payments which is unrelated to breaches by you of the Terms of Service
or suspected unlawful activity. However, you agree that if we consider
that your breach(es) of the Terms of Service has or may cause us loss,
we may withhold all referral payments due to you but not yet paid and
we may set off such amounts against any losses suffered by us.
Last updated: October 28th 2021
COMPLAINTS POLICY
-
Introduction: This document set out our complaints policy. If you are a
User of Unlok, this Complaints Policy forms part of your agreement with
us.
-
Who we are and how to contact us: Unlok is operated by Miami Image
Society LLC. We are a limited company registered in the United States
of America, with company registration number L170000125513 and we have
our registered office address at 330 84TH ST, Apt 6, Miami Beach, FL, USA 33141.
-
Interpretation: In this Complaints Policy, defined terms have the same
meanings given to them in the Terms of Use for all Users:
-
Who can use this Complaints Policy? Whether or not you are a User of
Unlok, you can use this Complaints Policy to alert us to any complaint
which you have relating to Unlok.
-
How to make a complaint: If you have a complaint about Unlok (including
any complaint about Content appearing on Unlok or the conduct of a
User), please send your complaint to [email protected].meincluding your
name, address, contact details, a description of your complaint and, if
your complaint relates to Content, the URL for the Content to which
your complaint relates.
-
How we will deal with your complaint: Following receipt of your
complaint under section 5 above:
-
we will take such steps as we consider to be appropriate to
investigate your complaint within a timescale which is appropriate
to the nature of your complaint;
-
if we require further information or documents from you, we will
contact you to let you know;
-
we will in good faith take such actions as we consider appropriate
to deal with the issue which your complaint has raised. If you have
complained about Content which appears on Unlok and we are
satisfied that the Content is unlawful or otherwise breaches our Acceptable Use Policy, we will act quickly to remove such
Content.
We are not obligated to inform you of the outcome of your complaint.
-
Unjustified or abusive complaints: If you are a User of Unlok, you
warrant (which means you make a legally enforceable promise) that you
will not make any complaint under this Complaints Policy which is
wholly unjustified, abusive, or made in bad faith. If we determine that
you have breached this warranty, we may suspend or terminate your User
account.
Last updated: October 28th 2021
PLATFORM TO BUSINESS REGULATION TERMS
-
Introduction: These Platform to Business Regulation Terms form part of
the Terms of Service.
-
Interpretation: In these Platform to Business Regulation Terms, unless
otherwise stated, defined terms have the same meanings given to them in
the Terms of Use for all Users.
-
What do these Platform to Business Regulation Terms include? These
Platform to Business Regulation Terms provide information about our
practices to comply with the fairness and transparency requirements set
out in USA Regulation.
-
Promoting Creators via other distribution channels: We may choose to
promote you via our Instagram (instagram.com/unlok_official).
-
Complaints: If you have a complaint about:
-
any alleged non-compliance by us with any obligations laid down in
the Platform to Business Regulation which affect you; or
-
technological issues relating directly to Unlok and which affect
you; or
-
measures taken by us or our conduct which relate directly to Unlok
and which affect you,
then please submit your complaint to [email protected].
-
Complaint-handling process: Following receipt of your complaint under
section 7 above, we will:
-
consider your complaint and the follow-up which we may need to give
to your complaint (including asking you for further information or
documents) in order to adequately address the issue raised;
-
process your complaints within a reasonable time, taking into
account the importance and complexity of the issue raised; and
-
communicate to you in plain and intelligible language by email or
by message to your Unlok account the outcome of the internal
complaint-handling process.
Last updated: October 28th 2021
STANDARD CONTRACT BETWEEN USER AND CREATOR
BY USING OUR WEBSITE YOU AGREE TO THIS AGREEMENT – PLEASE READ THEM
CAREFULLY
-
Introduction: This Standard Contract between User and Creator ("this
agreement") sets out the terms which govern each transaction between a
User and a Creator on Unlok.me.
-
When does this agreement apply? Each time a User/Creator Transaction is
initiated on Unlok.me, this Standard Contract between User and Creator
will apply to the exclusion of any other terms which the User or
Creator may propose, and this Standard Contract between User and
Creator will legally bind the User and Creator participating in the
User/Creator Transaction.
-
Parties: The only parties to this agreement are the User and Creator
participating in the User/Creator Transaction. Miami Image Society LLC
is not a party to this agreement and neither grants any rights in
respect of, nor participates in, any User/Creator Transaction, except
for acting as a payment intermediary in accordance with the Creator’s
and User’s instructions set out in section 5 of this agreement.
-
Interpretation: In this agreement, defined terms have the following
meanings:
-
"Unlok.me" means the website accessed via the URL www.Unlok.me.com
or via any web browser;
-
"Content" means any material uploaded to Unlok.me by any User
(whether a Creator or a User), including any photos, videos, audio
(for example music and other sounds), livestream material, data,
text (such as comments and hashtags), metadata, images, interactive
features, emojis, GIFs, memes, and any other material whatsoever;
-
"Creator" means a User who has set up their Unlok.me account as a
Creator account to post Content on Unlok.me to be viewed by other
Users;
-
"User" means a User who follows a Creator and is able to view the
Creator's Content;
-
"Referring User" means a User who participates in the Unlok.me
Referral Program;
-
"User/Creator Transaction" means any transaction between a User and
a Creator on Unlok.me by which access is granted to the Creator's
Content in any of the following ways: (i) a Subscription, (ii)
payments made by a User to view a Creator's pay-per-view Content
(pay-per-view media and pay-per-view live stream), and (iii)
payments made by a User to use the user interaction function on a
Creator's account;
-
"User Payment" means (i) any and all payments made by a User in
respect of any User/Creator Transaction, and (ii) any and all tips;
-
"FIL Fee" means the fee charged Miami Image Society LLC by to
Creators in accordance with section 5 of the Unlok.me Terms of Use for Creators <https://unlok.me/terms>;
-
"Subscription" means a User's monthly subscription to a Creator's
account;
-
Pricing and payment: By entering into a User/Creator Transaction, the
User agrees to pay the User Payment applicable to the relevant
User/Creator Transaction in accordance with the pricing published in
the Creator's account plus any VAT which is applicable. The User and
Creator participating in the User/Creator Transaction authorize Miami
Image Society LLC or any of its subsidiaries to act as a payment
intermediary and to collect, hold, and process the User Payment and any
applicable VAT, to deduct the FIL Fee, and to pay out the sums due to
Creators and (if applicable) Referring Users, as described in the
Unlok.me Terms of Service.
-
License of Content: Once the User has made the User Payment for a
User/Creator Transaction, the Creator grants to the User a limited
license to access the applicable Content of that Creator to which the
User/Creator Transaction relates (the "Relevant Content"). This license
is non-transferable, non-sublicensable and non-exclusive, and permits
the User to access and view the Relevant Content on the User's personal
device and via a normal web browser (and to make a temporary copy of
such Content only to the extent that this is an incidental and
technical process forming part of the User's accessing the Content
(i.e. caching)), in accordance with the Unlok.me Acceptable Use Policy.<https://unlok.me/terms>;