This creator agreement is between QPASA INC, a Florida Corporation (collectively, “Bombun”), and you, the individual or entity signing up as a creator (“Creator”).
Bombun owns and operates the social media content sharing website known as www.bombun.com(“Website”), which provides creators with billing solutions, advertising media, storage, hosting, live streaming software, and virtual webspace through a proprietary web interface to post their content and interact with their fans (“Fans”) for personal communication and entertainment.
Except for Creator Content, the content, data, and materials on the Website, including the text, graphics, interactive features, logos, images, photos, audio (for example, music and other sounds), videos, software, and all other audible, visual, or downloadable materials, as well as the selection, organization, coordination, compilation, and overall look and feel of the Website (collectively, “Materials”), are the intellectual property of Bombun, its licensors, and its suppliers.
- Eligibility. Creator must be either (a) an individual who (i) is at least 18-years old (or the age of majority if higher) and (ii) has the legal capacity to enter into legally binding contracts; or (b) an entity that (i) is duly organized in its jurisdiction of organization and (ii) has the power and authority to enter into legally binding contracts.
- Registration. To register, Creator must complete the creator registration form and submit a copy of Creator’s valid government-issued picture identification (in color) that contains Creator’s (or if Creator is an entity, its owner’s) full legal name, date of birth, and expiration date for age and identity verification purposes. Creator authorizes Bombun to verify the validity of Creator’s (or if an entity, the owner’s) government-issued picture identification with a third-party verification service.
- Statements of Fact. By registering, Creator states that the following facts are accurate: (a) all account registration information is accurate; (b) if Creator previously had an account, Creator’s old account was not terminated or suspended by Bombun for violation of this agreement or the Terms-of-Service Agreement ; (c) Creator’s registration is for Creator’s own use, and Creator must not otherwise sell, rent, or transfer Creator’s account to another person; and (d) Creator must not use any third-party payment provider to accept payments for any Creator Offerings.
Acceptable Use Policy.
Bombun offers the Website as a place where Creators can express their creativity and monetize their content. But Creators must respect the following acceptable use policy (“Acceptable Use Policy”), or they may face suspension or termination. Creator acknowledges that Creator is solely responsible for Creator Content that Creator offers, publishes, broadcasts, transmits, or posts on or through the Website. Creator Profile, Creator Content, Creator Offerings, and the Interactive Services must not:
- Depict, discuss, facilitate, promote, advertise, or solicit any activity that is illegal or otherwise violates credit card association standards or applicable law, or advocate, discuss, facilitate, promote, advertise, solicit, or assist any activity that violates applicable law, including prostitution, escort services, or sex trafficking.
- Contain any harmful, threatening, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable material.
- Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Promote, depict, or discuss any of the following: (i) children; (ii) child exploitation or sexual abuse material; (iii) age-play; (iv) incest; (v) rape or nonconsensual sex; (vi) hypnosis; (vii) intoxication; (viii) sexual assault; (ix) extreme violence; (x) nonconsensual pain; (xi) blood; (xii) cutting; (xiii) self-harm; (xiv) suicide; (xv) erotic asphyxiation; (xvi) torture; (xvii) necrophilia; (xviii) sadomasochistic abuse; (xix) hardcore bondage; (xx) extreme fisting; (xxi) genital mutilation; (xxii) bestiality; (xxiii) urine, water sports, scat, or excrement-related material; (xxiv) enema play; (xxv) vomiting; (xxvi) menstrual bleeding; or (xxvii) any other matter that would be considered obscene under the applicable community standards or would otherwise violate any credit card association standards or applicable law.
- Contain unsolicited sexual content or unsolicited language that sexually objectifies another person in a nonconsensual way or contains fake or manipulated sexual content concerning another person (including “deepfakes”).
- Promote, depict, or constitute “revenge porn” (being any sexually explicit material featuring any individual who has not given prior, express, and fully informed consent to that material (i) being taken, capture, or otherwise memorialized; or (ii) being posted and shared on the Website or the Interactive Services).
- Promote or depict firearms, weapons, or any goods whose sale, possession, or use is subject to prohibitions or restrictions.
- Promote or depict alcohol or drugs (regardless of legalization or decriminalization) or drug paraphernalia.
- Infringe any patent, service mark, trademark, trade name, copyright, trade secret, or other intellectual property or proprietary rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable law or otherwise may be in conflict with this agreement, or the Website’s Terms-of-Service Agreement.
- Be likely to deceive any person.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent Creator’s identity or affiliation with any individual or organization.
- Display any telephone numbers, street addresses, last names, email addresses, URLs, or any person’s confidential information.
- Display any content with confidential or personally identifiable information.
- Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users, including unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, information announcements, charity requests, and petitions for signatures.
- Give the impression that it emanates from or is endorsed by Bombun or any other individual or entity if this is not the case.
- Contain technically harmful material, including computer viruses, logic bombs, Trojan horses, worms, malware, ransomware, harmful components, corrupted data, or other malicious software or harmful data.
Creator Profile. Creator will create a profile (“Creator Profile”) on the Website to display and offer various content and services for sale, including videos (including custom videos), photos, live stream, timeline, daily stories, messages, chat, Subscriptions, and any other paid features available now or in the future. Any image or photo used as a profile picture or avatar on Creator Profile must accurately reflect Creator’s appearance.
Creator Content. Creator may create, upload, send, broadcast, or display various media, content, and material of Creator’s own creation to or through Creator’s account, including 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 (collectively, “Creator Content”). Bombun does not and will not control the manner or means by which Creator creates or posts Creator Content, including the time and place of creating or posting Creator Content. Creators solely determine the schedule and the methods, details, and means of creating and posting Creator Content. Creator must supply, at Creator’s own expense, all clothing, make-up, accessories, tools, equipment, and instrumentalities needed to produce Creator Content. Creator acknowledges that Bombun merely provides Creator the means to distribute Creator Content through the Website. Creator Content must not include third-party intellectual property (such as copyrighted material) unless Creator has a written license or consent from that person or is otherwise legally entitled to do so (i.e., fair use). By uploading Creator Content, Creator (a) consents to be depicted in Creator Content; (b) consents to allow for the public distribution of Creator Content and to upload Creator Content to the Website; and (c) if Creator Content will be made available for downloading by Fans or other users, consents to have Creator Content downloaded.
Co-Authored Creator Content Policy
If Creator uploads Creator Content to Creator’s account that depicts anyone else other than or in addition to Creator (even if that person cannot be identified from Creator Content) (“Co-Authored Creator Content”), Creator warrants to Bombun that each individual shown in any Co-Authored Creator Content uploaded to Creator’s account is (i) a Creator on the Website; or (ii) a consenting adult, and that Creator has verified the identity and age of each such individual and will provide supporting documents as Bombun may request in its discretion.
Creator further warrants that Creator has obtained and keeps on record written consent from each individual shown in Creator’s Co-Authored Creator Content that that individual: (i) has given his or her express, prior, and fully informed consent to his or her appearance in the Co-Authored Creator Content; (ii) has consented to allow for the public distribution of the Co-Authored Creator Content in which he or she appears and to upload the Co-Authored Creator Content to the Website; and (iii) if the Co-Authored Creator Content will be made available for downloading by Fans or other users, has consented to have the Co-Authored Creator Content downloaded.
In addition to the confirmations if Creator uploads Co-Authored Creator Content where the other persons or people appearing in the Co-Authored Creator Content maintain a Creator account on the Website, Creator must tag the Bombun account(s) of any person or people appearing in the Co-Authored Creator Content who can be identified from it.
If any Co-Authored Creator Content is a work of joint authorship, Creator is solely responsible for obtaining any required licenses or consents from any other joint authors of the Co-Authored Creator Content that are sufficient to permit that Co-Authored Creator Content to be uploaded to and made available on the Website.
Creator must obtain and keep on record written consent from all persons (including Creator) depicted in Creator Content specific to the following areas: (i) consent to be depicted in Creator Content; (ii) consent to allow for the public distribution of Creator Content and to upload Creator Content to the Website; and (iii) if Creator Content will be made available for downloading by Fans or other users, consent to have Creator Content downloaded.
Creator must verify the identity and age of all persons depicted in Creator Content to ensure that all persons depicted are adults and must be able to provide supporting documents to Bombun on request.
Pre-Publication Review and Real-Time Monitoring of Creator Content.
Bombun reviews all non-live Creator Content before it is published to the Website to ensure that Creator Content is not illegal and does not otherwise violate this agreement, the Website’s Terms-of-Service Agreement, credit card association standards, or applicable law. In addition, in providing real-time or live video streaming services, Bombun operates on a platform that it is able to fully control and that allows for real-time monitoring and the removal of Creator Content being streamed. If Bombun determines that any Creator Content being streamed is illegal, violates credit card association standards or applicable law, or otherwise breaches this agreement, Bombun will remove or terminate the broadcast of that Creator Content.
Creators may use various blocking and filtering features to block Fans based on geographical regions from accessing Creator Profile or Creator Offerings, including Creator Content. Creators may also block individual Fans from accessing Creator Profile or Creator Offerings, including Creator Content. Creator is solely responsible for all acts or omissions associated with Creator’s use of the filtering tools.