Terms and Condition

This document outlines the terms and conditions for using the Mycreator club Platform, which includes various domains and services provided by Mycreator club. Here's a breakdown of the key points:

 

1. **Scope of the Document**: It covers the use of the Mycreator club Platform, including all associated features and services.

 

2. **Users Defined**:

   - **Creators**: Individuals who create content on the Platform.

   - **Followers**: End users who engage with the content created by Creators.

   - Collectively referred to as "You" or "Users."

 

3. **Agreement Overview**:

   - The terms include a Privacy Policy, Platform Guidelines, and other agreements that define the relationship between Users and Mycreator club.

   - By using the Platform, Users agree to these terms.

 

4. **User Responsibilities**: Users must read and accept the terms to access the Platform. If they disagree, they should not use the Platform.

 

5. **Authority**: Users confirm that they have the legal authority to enter into the agreement and that doing so does not violate other agreements they may have.

 

6. **Mycreator club's Identity**: Mycreator club is a company incorporated in India, and any reference to "we," "us," or "our" pertains to Mycreator club.

 

Overall, this document serves to establish the legal framework for using the Mycreator club Platform and outlines the rights and responsibilities of both the Users and the company.

 

Here’s a concise summary of the key points about the Mycreator club Platform, along with the contents of the terms and conditions document:

 

### Overview of Mycreator club Platform

- **Ownership**: Managed by MYCREATOR CLUB, a private company under Indian law.

- **Functionality**: A web-based service for creating, designing, publishing, and selling digital services, including:

  - **Content Subscriptions**

  - **Live Events**

  - **1-1 Interactions**

- **Content Creation**: Creators can organize and create content (live-streamed or pre-recorded) with additional features like third-party payment integration.

- **Subscriptions**: Creators can offer monthly subscriptions for Followers to engage and interact.

- **Role of Mycreator club**: Acts solely as a platform provider, not responsible for content creation or the interactions between Creators and Followers. Mycreator club is not liable for disputes arising from these interactions.

 

### Table of Contents Summary

1. **Access Rights and Registration**: Guidelines for accessing the Platform.

2. **Your Account**: Details on account management.

3. **Permission for Creators**: Rights granted to Creators.

4. **Permission for Followers **: Rights for Followers.

5. **Platform Communications**: How communication is managed.

6. **Management of Personal Information by Creators**: Handling of personal data.

7. **Access to the Platform**: Conditions for access.

8. **Conduct Guidelines**: Expected behavior on the Platform.

9. **Intellectual Property Rights**: Ownership and rights concerning content.

10. **Your Contributions on the Platform**: User responsibilities regarding their content.

11. **Feedback**: How feedback is treated.

12. **Mycreator club’s Rights**: Rights retained by Mycreator club.

13. **Copyright Complaints and Takedown Policy**: Procedures for addressing copyright issues.

14. **Trademarks**: Protection of trademarks.

15. **Claims Against User Content**: Handling disputes related to user content.

16. **Pricing, Payment Methods, and Refund Policies**: Financial transactions on the Platform.

17. **Deletion of Account**: Process for account termination.

18. **Disclaimer**: Limitations on Mycreator club’s liability.

19. **Limitation of Liability**: Caps on potential damages.

20. ** Compensation and Release**: User’s agreement to indemnify Mycreator club.

21. **OFAC Compliance**: Adherence to U.S. sanctions.

22. **Additional Communications**: Additional communication protocols.

23. **Governing Law and Jurisdiction**: Legal framework governing the terms.

24. **General Provisions**: Other relevant provisions.

25. **Get in Touch**: How to reach Mycreator club for inquiries.

 

This structure ensures Users understand their rights, responsibilities, and the limitations of Mycreator club's liability while using the Platform.

 

### 1. Access Rights and Registration

 

To access the Mycreator club Platform and its Services, you must register and create an account by providing specific details as outlined in the Privacy Policy. Here’s a breakdown of the key points:

 

A. **Eligibility**:

   - You must be at least 18 years old to register.

   - If you're between 13 and 18, parental or guardian permission is required.

   - Users under 13 are prohibited from registering or using the Platform.

 

B. **Registration Process**:

   - **Creators**: Must provide:

     - Name

     - Email address

     - Mobile number

     - Username and password

     - A brief personal description

     - Option to upload a photo and links to social media or websites.

   - **Followers**: Must provide:

     - Name

     - Mobile number

     - Instagram username

     - Email address.

 

C. **Data Usage**: By registering, you authorize Mycreator club to use the information you provide for data compilation, profiling, and analysis.

 

D. **Accuracy**: You must ensure that all information provided during registration is true and complete. You are responsible for updating your information if it changes.

 

E. **Free Registration**: Registration is free; however, some products and services may incur charges. Registering does not obligate you to purchase or use any paid services.

 

Make sure to read the Privacy Policy for details on how your information will be handled.

 

 

 

### 2. Your Account

 

Once you register on the Mycreator club Platform, here's what happens:

 

A. **Account Creation**:

   - **Creators**: A subdomain is created for you, functioning like your own website to create and publish content.

   - **Followers**: You gain access to a dashboard listing any content you’re registered for and your subscriptions.

B. **Account Security**:

   - You are responsible for keeping your account credentials confidential and secure.

   - Your account is personal, and you should not share access with anyone else.

   - Take care when using public or shared computers to avoid exposing your login details.

 

C. **Responsibility for Account Activity**:

   - You accept responsibility for all activities that occur under your account.

   - If you suspect unauthorized access, change your password immediately and inform Mycreator club.

 

D. **Data Accuracy**:

   - Ensure that the information you provide during registration is correct and complete.

   - Inform Mycreator club of any changes to your registration details.

 

E. **Access Rights**:

   - Mycreator club reserves the right to refuse access, terminate accounts, or remove content at any time without notice.

   - Any usernames or identifiers may be disabled if you violate the Agreement or any laws.

 

F. **Device Compatibility**:

   - To access the Platform, you need a compatible device (like a computer or mobile phone) that meets the required system specifications.

   - Supported devices may change over time, so ensure your device is compatible to access services.

 

This section emphasizes your responsibility in managing your account and the importance of maintaining security and accuracy in your information.

 

### 3. Permission for Creators

 

Mycreator club grants you, as a Creator, a **limited, non-exclusive, non-transferable, non-sub-licensable** license to access and use the Platform for personal and commercial purposes. You agree to the following:

 

- **Restrictions**: You cannot reproduce, copy, sell, redistribute, or create derivative works based on the Platform or any part of it, including copyrighted materials or trademarks, unless explicitly allowed by this Agreement.

 

### 4. Permission for Followers

 

As a Follower, you are granted a **limited, non-exclusive** license to access and use the Platform for personal use. This license does not allow you to assign or sublicense it to others. Similarly, you cannot reproduce, copy, sell, or create derivative works from the Platform without permission.

 

### 5. Platform Communications

 

- **Facilitation of Transactions**: The Platform allows Creators to offer their Content for purchase by Followers. The transaction is strictly between Creators and Followers, with Mycreator club acting solely as a facilitator.

 

- **Data Privacy**: According to our Privacy Policy, Mycreator club does not sell or disclose your personal data for profit. However, Creators will receive some information about Followers (like name and location) upon their enrollment in the Creator's Content. Followers are responsible for any additional personal information they choose to share.

 

- **Subscriptions**: The Platform provides Subscriptions to facilitate communication between Creators and Followers. While Mycreator club does not monitor these interactions, it reserves the right to suspend access if misconduct is reported or deemed necessary.

 

- **User Content Responsibility**: You are solely responsible for any content you post, including its legality and appropriateness. Mycreator club is not liable for any User-generated content or interactions on the Platform.

 

- **Data Security**: All discussions and information shared within Subscriptions are encrypted and handled according to our Privacy Policy.

 

This section emphasizes the licenses granted to both Creators and Followers, the nature of transactions on the Platform, and the importance of privacy and responsibility in sharing information.

 

### 6. Management of Personal Information by Creators

 

The **Data Processing Agreement (DPA)** is an integral part of this Agreement, outlining the obligations of both Creators and Mycreator club regarding personal information processing. Key points include:

 

- **Creators' Responsibilities**: Creators must protect personal information they receive from Mycreator club and comply with the DPA. They are considered "controllers" of the personal information they collect from Followers.

- **Privacy Notices**: Creators must provide appropriate privacy notices to Followers, respect their privacy rights, and comply with applicable laws regarding access to or deletion of Followers' personal information.

 

### 7. Access to the Platform

 

- **Availability**: While Mycreator club strives for uninterrupted access to the Platform, it cannot guarantee error-free transmissions. Access may be temporarily restricted for repairs, maintenance, or updates without prior notice. Mycreator club is not liable for any downtime.

 

### 8. Conduct Guidelines

 

To ensure a positive experience for all Users, you agree to the following conduct guidelines:

 

A. **Lawful Use**: Use the Platform only for legal purposes. Any activities violating laws or regulations are prohibited, including those that may disrupt or harm the Platform.

 

B. **Content Restrictions**:

   - **No Harmful Content**: Content that incites violence or endangers individuals is strictly prohibited.

   - **No Hate Speech**: Hate speech, defamatory statements, or content inciting hatred against individuals or groups is not tolerated.

   - **No Violent or Graphic Content**: Content intended to shock or disturb is prohibited, including any promotion of terrorist acts.

 

C. **Respectful Interaction**: Harassment, bullying, or any form of abusive behavior is not allowed. Respect for all Users is paramount.

 

D. **Spam and Scams**: Posting repetitive or irrelevant content, as well as any content aimed at tricking others for financial gain, is prohibited.

 

E. **Privacy**: Protect your own and others' privacy as outlined in the Privacy Policy.

 

F. **Impersonation**: Impersonating another person, entity, or User is not permitted.

 

G. **Unauthorized Access**: Engaging in activities that disable or impair the Platform, or attempting unauthorized access to any part of the Platform, is strictly forbidden.

 

Mycreator club does not monitor all content but reserves the right to refuse access, terminate accounts, or remove violating content at its discretion, without notice.

 

### 9. Intellectual Property

 

#### Mycreator club Content

- **Ownership**: Mycreator club owns all information and materials provided to you, including the Platform, designs, logos, graphics, audio, video files, and any software ("Mycreator club Content"). This content is protected by various intellectual property laws.

- **Restrictions**: You may not modify, reproduce, distribute, or exploit Mycreator club Content without express written consent. Use of data mining tools or similar methods to extract data from the Platform is also prohibited without prior consent.

 

#### 10. Your Contributions on the Platform.

- **Ownership**: You retain ownership of all content you upload ("Your Content"). Mycreator club does not claim ownership over Your Content but may retain copies for research and data compilation.

- **Responsibility**: By uploading Your Content, you confirm that:

  - You own or control all rights to Your Content.

  - Your Content does not infringe on others' intellectual property rights.

  - Your Content complies with all laws and Mycreator club's policies.

  - Your Content will not cause harm or distress to others.

  - You have uploaded Your Content voluntarily, and Mycreator club does not pre-approve uploads.

 

- **Grant of Rights**: You grant Mycreator club a non-exclusive, royalty-free, transferable, and sublicensable right to use Your Content as necessary to:

  A. Provide the Platform and services.

  B. Fulfill obligations under this Agreement.

  C. Monitor, correct, and improve the Platform and services.

  D. De-identify User data to prevent identification of individuals.

  E. Aggregate User data with other data.

  F. Comply with applicable laws.

 

### 11. Feedback

- **Submission of Feedback**: If you (as a Creator or Follower) provide suggestions, ideas, comments, or questions regarding the Platform (“Feedback”), you grant Mycreator club and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to use this Feedback. This includes the rights to reproduce, modify, adapt, publish, translate, create derivative works, distribute, transmit, and display such Feedback in any form.

- **Intellectual Property**: You acknowledge that you will have no intellectual property rights in the Platform resulting from Mycreator club’s use of your Feedback.

 

### 12. Mycreator club’s Rights

- **Content Removal**: Mycreator club reserves the right to remove any user or their content without notice if they violate any provisions of this Agreement.

- **Modification of Services**: Mycreator club may modify, terminate, or refuse to provide Services at any time, without notice and for any reason.

- **User Removal**: Mycreator club can remove any user from the Platform at any time and for any reason at its sole discretion.

- **Access to Accounts**: Mycreator club reserves the right to access your account and/or content to provide technical support, maintain safety and security, or for other legitimate business purposes.

- **Monitoring**: While Mycreator club may monitor content on the Platform, it is not obligated to do so.

- **Content Retention**: If you close your account, Mycreator club may retain a copy of your content for compliance with laws and regulations, and for internal business purposes. You grant Mycreator club a non-exclusive, perpetual, and irrevocable license to retain a copy of your content for these limited purposes.

- **Modification of Agreement**: Mycreator club has the right to modify any part of this Agreement without notice at any time. Continued use of the Platform signifies your acceptance of any such changes.

 

### 13. Copyright Complaints and Takedown Policy

 

#### Copyright Complaints

- **Respect for Intellectual Property**: Mycreator club values the intellectual property rights of others and requires users to do the same.

- **Notification Process**: If you believe your work has been infringed, you can notify Mycreator club by emailing the Copyright Agent at connect@mycreator clubapp.com (Subject: “DMCA Takedown Request”). The notification must include:

  - Your electronic or physical signature or that of an authorized person.

  - A description of the copyrighted work or intellectual property claimed to be infringed.

  - A detailed description of the location of the infringing material on the Platform.

  - Your contact information (address, phone number, email).

  - A. A statement of good faith belief that the disputed use is unauthorized.

  - A statement made under penalty of perjury that the information provided is accurate and that you are the copyright owner or authorized to act on their behalf.

 

- **Liability for Misrepresentation**: If you submit a false infringement claim, you may be liable for damages and attorney fees.

 

B. Counter-Notice

- **Disputing a Takedown**: If you believe your content was removed in error, you can submit a counter-notice to the Copyright Agent containing:

  - Your signature (physical or electronic).

  - Identification of the content that was removed and its previous location.

  - A statement of good faith belief that the removal was a mistake or misidentification.

  - Your contact information and a statement consenting to the jurisdiction of the courts in Bangalore, Karnataka, along with consent to accept service of process from the complainant.

 

- **Response to Counter-Notice**: Upon receiving a counter-notice, Mycreator club will notify the original complainant. If no legal action is initiated within 10 business days, the content may be restored at Mycreator club’s discretion.

 

C.Repeat Infringer Policy

- **Termination Policy**: Mycreator club may terminate the accounts of users deemed to be repeat infringers at its discretion. Access to the Platform may also be limited for users who infringe intellectual property rights, regardless of prior infringement.

 

 

### 14. Trademarks

- **Mycreator club Trademarks**: "MYCREATOR CLUB," the Mycreator club logo, and other identified marks are trademarks or registered trademarks of the Company. The Platform's graphics, logos, page headers, button icons, scripts, and service names also fall under Mycreator club's trademarks and trade dress.

- **Usage Restrictions**: These trademarks and trade dress may not be used with any non-Mycreator club products or services, in ways that could confuse customers, or in manners that could disparage Mycreator club.

- **Third-Party Trademarks**: Other trademarks displayed on the Platform belong to their respective owners, who may or may not be affiliated with Mycreator club.

 

- **Intellectual Property Concerns**: If you believe your intellectual property rights (excluding copyrights) have been infringed, Get in Touch at connect@mycreatorclub.com with complete details. For copyright issues, refer to the "Copyright Complaints and Takedown Policy."

 

### 15. Claims Against User Content

- **User-Provided Content**: The Platform allows access to content, links, and services from Creators, Followers, and other users. Your use of any such content is at your own risk.

- **No Monitoring or Warranty**: Mycreator club does not monitor, control, or guarantee the accuracy, completeness, or usefulness of user-provided content. We accept no responsibility for changes or updates to this content and disclaim all liability arising from reliance on it.

- **User Responsibility**: All statements and opinions expressed in user materials are the responsibility of the individual or entity providing them. Review the terms and policies of any third parties before engaging with them, including their privacy practices.

 

### 16. Pricing, Payment Methods, and Refund Policies

 

After payment getway approval

### 17. Deletion of Account

You can delete your account at any time. Once deleted, your Content may be permanently lost and may not be recoverable. Mycreator club is not responsible for any loss of Content resulting from account deletion.

 

### 18. Disclaimer

You acknowledge that the Platform and all related materials are provided on an "AS IS" and "AS AVAILABLE" basis. Your use of the Platform is at your own risk. Mycreator club and its affiliates disclaim all warranties, express or implied, regarding the Platform, including but not limited to accuracy, security, reliability, and completeness. Mycreator club is not liable for:

 

A. Errors or inaccuracies in User Content or any other content on the Platform.

B. Personal injury or property damage resulting from your use of the Platform.

C. Unauthorized access to or use of secure servers.

D. Interruption or cessation of service.

E. Bugs, viruses, or similar issues transmitted via the Platform.

 

Mycreator club does not endorse or assume responsibility for any third-party content or services linked through the Platform. You should exercise caution and use your best judgment when engaging with such content.

 

### 19. Limitation of Liability

To the fullest extent permitted by law, Mycreator club and its affiliates are not liable for any direct, indirect, incidental, or consequential damages arising from your use of the Platform or related services. This includes, but is not limited to:

 

1. Errors or inaccuracies in User Content.

2. Personal injury or property damage from accessing the Platform.

3. Unauthorized access to personal or financial information.

4. Interruptions in service or transmission.

5. Bugs or viruses transmitted by third parties.

 

You acknowledge that Mycreator club is not liable for User Content or the actions of third parties. Accessing the Platform from locations outside India is done at your own risk and you are responsible for compliance with local laws.

 

### 20.  Compensation and Release

You agree to indemnify and hold Mycreator club and its affiliates harmless from any claims, liabilities, or expenses (including legal fees) arising from:

 

- Your breach of this Agreement.

- Claims related to your Content causing harm to a third party.

- Your violation of any laws or regulations.

 

You release Mycreator club from any liabilities or damages resulting from third-party actions and waive any claims you may have against Mycreator club in this regard.

 

 

### 21. OFAC

You represent and warrant that:

1. You are not, nor are you controlled by, any Prohibited Person as defined by OFAC or any similar regulatory list.

2. You are not acting on behalf of any Prohibited Person.

3. You have not and will not engage in any transactions with Prohibited Persons in violation of applicable laws.

4. You are not prohibited from transacting with Mycreator club under any sanctions programs.

 

These representations are ongoing in nature.

 

### 22. Additional Communications

By using the Platform, you consent to receive communications from us electronically. You may need to provide a valid phone number when creating an account or placing an order. We may communicate via email, SMS, phone calls, or notices on the Platform. You acknowledge that you may incur charges from your carrier for these communications, and Mycreator club is not responsible for such charges.

 

### 23. Governing Law and Jurisdiction

- **For Creators/Friends in India**: This Agreement is governed by the laws of India, and disputes will be subject to the exclusive jurisdiction of the courts in Bangalore, India.

- **For Creators/Friends Outside India**: This Agreement is also governed by the laws of India, with disputes subject to the courts in Bangalore, Karnataka.

 

### 24. General Provisions

- **Alteration of Service**: We reserve the right to change the Platform, policies, and this Agreement at any time. We will notify you of changes via email or by posting on the Platform. You are encouraged to check frequently for updates.

  

- **Waiver**: If we do not enforce our rights after a breach, it does not waive our right to act in future breaches.

 

- **Assignment**: Users may not assign this Agreement without Mycreator club’s written consent. Mycreator club may assign this Agreement without restrictions.

 

- **Severability**: If any provision is found invalid, it will be limited to the minimum extent necessary, and the rest of the Agreement will remain in effect.

 

- **Events Beyond Control**: Mycreator club is not liable for delays or failures due to causes beyond its control, including natural disasters, wars, or government actions.

 

- **Losses**: Mycreator club is not liable for any indirect or consequential losses, including loss of profits or data.

 

### 25. Get in Touch

For any concerns or queries regarding this Agreement, please email us at support@mycreator.club