Creator Terms of Use
Creator legal terms and operating conditions for publishing, monetization, payouts, platform responsibilities, and compliance requirements.
SubZuu LLC, Terms of Service/use and Conditions Agreement
Effective Date: February 7, 2026
THIS CREATOR TERMS OF SERVICE AGREEMENT (this “Agreement”) is entered into by and between SubZuu, LLC, a New Mexico limited
liability company (“SubZuu LLC”) and SubZuu LLC Creator (“Creator”). SubZuu LLC and Creator may each be referred to in this Agreement
as a “Party” and collectively as the “Parties.”
ADULT CONTENT NOTICE
SubZuu is an adult content platform intended solely for consenting adults. The Services may include sexually explicit material.
By accessing or using the Services, you acknowledge that you are not offended by adult content and that you are legally permitted to
access such material in your jurisdiction.
SubZuu operates in compliance with payment processors, acquiring banks, and card network regulations.
RECITALS:
WHEREAS, SubZuu LLC, which may also be referred to herein as “we,” “us” or “our”) provides an online platform that enables
companies, community groups and individuals to publish to publish, distribute, and monetize Creator Content through SubZuu-operated
experiences, which may include web pages, branded sites, mobile experiences, applications, embeddable players, APIs, feeds, and related
technology (collectively, “Creator Experiences”) for their stakeholders (collectively, the “Services“), which Services are accessible at
www.SubZuu.com and any other websites through which SubZuu LLC makes the Services available (collectively, the “Site“) and as
applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“);
WHEREAS, Creator desires to utilize the Site, Services and Application of SubZuu LLC;
WHEREAS, SubZuu desires to provide such Site, Services and Application to Creator.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged by Creator, the Parties agree as follows:
References to “mobile applications” or “Content Distribution Applications” include web-based Creator Experiences, branded sites, and other
distribution formats supported by the platform.
KEY TERMS
SubZuu LLC (hereinafter referred to as “SubZuu, LLC,” “we,” “us” or “our”) provides an online platform
“Affiliates” means companies related by common ownership or control. They can be financial and non-financial companies.
“Aggregated Information” means information about all of our users or specific groups or categories of users that we combine together
so that it no longer identifies or references an individual user.
“Collective Content” means Creator Content and SubZuu LLC Content.
“Communication” means an email, message via the Application, text message or message to a Social Media or Messaging account.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Data Controller” means SubZuu LLC, the company responsible for the use and processing of Personal Information.
“SubZuu LLC Content” means all Content that SubZuu LLC makes available through the Site, Application, Services, or its related promotional
campaigns and official social media channels, including any Content licensed from a third party, but excluding Creator Content.
“Payment Services” means payment processing and financial services provided by third-party processors, acquiring banks, and financial
institutions, including high-risk payment processors used to facilitate transactions on the Services.
“Personal Information” means information (which may include sensitive information) relating to a living individual who is or can be identified
either from that information or from that information in conjunction with other information that is in, or is likely to come into, the
possession of the Data Controller.
“Creator” means a person who completes SubZuu LLC’s account registration process and publish, distribute, and monetize Creator Content
through SubZuu-operated experiences, which may include web pages, branded sites, mobile experiences, applications, embeddable players,
APIs, feeds, and related technology (collectively, “Creator Experiences”) via the SubZuu LLC publishing platform, including but not limited to
Companies, Government bodies, Community Groups and Individuals, as described under “Account Registration” below.
“Creator Content” means all Content that a Creator posts, uploads, publishes, submits, transmits, or includes in their mobile application,
Creator profile or SubZuu LLC promotional campaign to be made available through the Site, Application or Services.
“Stakeholder” means any end user who accesses Creator Experiences, including fans, subscribers, customers, or viewers of Creator
Content.. These may include, but are not limited to a Creators: subscribers, customers, employees, business partners, students, family or
friends.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), or fees that partners may be required by
law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and
personal or corporate income taxes.
“Third Parties” means companies or persons not related by common ownership or control (i.e. non-affiliates) or other unrelated individuals.
Third Parties can be financial and non-financial companies, or persons other than you and SubZuu LLC.
“Website and Content Distribution Application Fees” means any fees the Creator charges to subscribers to access the website, the mobile
applications, and any content contained in the website and mobile applications including but not limited to a set amount per period of time,
a set amount per download, or other variations, and are sometimes called “paid app downloads,” or “in-app transactions”.
TERMS OF SERVICE
By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of
Service (“Terms“), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site,
Application and Services and all Collective Content (defined below) constitute a binding legal agreement between you and SubZuu LLC.
Please also read carefully our Privacy Policy (Please review our Privacy Policy, available on the Site).
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content)
may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional
terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application,
Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of
the Site, Application, Services, or Collective Content.
Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
These Creator Terms apply only to Creators. End users (Fans/Stakeholders) are governed by separate end-user terms. If there is a conflict,
the Creator Terms control for Creator activities.
IF YOU CHOOSE TO CREATE A MOBILE APPLICATION ON SubZuu LLC, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH
SubZuu LLC IS LIMITED TO BEING A CREATOR AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT,
JOINT VENTURER OR CREATOR OF SubZuu LLC FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR
OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF SubZuu LLC. SubZuu LLC DOES NOT CONTROL, AND HAS NO RIGHT TO
CONTROL YOUR MOBILE APPLICATION, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR MOBILE APPLICATION, OR ANY OTHER
MATTERS RELATED TO ANY MOBILE APPLICATION THAT YOU PROVIDE. AS A CREATOR YOU AGREE NOT TO DO ANYTHING TO CREATE A
FALSE IMPRESSION THAT YOU ARE ENDORSED BY, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF SubZuu LLC, INCLUDING BY
INAPPROPRIATELY USING ANY SubZuu LLC INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR
POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU
HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES, WHETHER OR
NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO
ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a
company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these
Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Creator Responsibilities (Adult Content Compliance)
Creator is solely responsible for ensuring that all Creator Content:
(a) involves only consenting adults over the age of eighteen (18);
(b) complies with all applicable laws and regulations;
(c) complies with the requirements of payment processors
(d) does not contain prohibited content.
Creator agrees to maintain all required documentation verifying the age and consent of all participants and must provide such
documentation to SubZuu upon request.
MODIFICATION
SubZuu LLC reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the
fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application and/or
provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the
Terms will be effective at the time of posting. Your continued access or use of the Site, Application or Services will constitute acceptance of
the modified Terms. Additionally,
if the modified Terms contain material changes applicable to existing Creators (by decreasing your rights or increasing your
responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your
only recourse is to cease using the Site, Application and Services. If you do not close your SubZuu LLC Account you will be deemed to have
accepted the changes.
ELIGIBILITY
The Services are strictly limited to individuals who are at least eighteen (18) years of age.
By accessing or using the Services, you represent and warrant that you are at least eighteen (18) years old and have the legal capacity to
enter into a binding agreement.
Strict Prohibition on Minors:
No individual under the age of eighteen (18) may access the Services or appear in any Creator Content. Any violation will result in
immediate account termination and may be reported to law enforcement.
For users in the United States, SubZuu LLC may, where required by law or payment providers, request identity verification information or
perform compliance checks. SubZuu LLC does not conduct background investigations as a condition of using the Services. As a condition of
using the Services. We may, at our discretion, perform identity verification, fraud screening, or compliance checks required by payment
providers, app stores, or applicable law. For users outside the United States, we may, to the extent permitted by applicable laws and if we
have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion.
You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from
SubZuu LLC’s vendors.
Identity and Age Verification
SubZuu may require identity verification at any time, including but not limited to:
- Government-issued identification
- Age verification
- Facial verification
- Tax documentation
- Banking verification
- Performer consent documentation
Failure to provide requested verification may result in suspension, removal of content, withholding of payouts, or account termination.
HOW THE SITE, APPLICATION AND SERVICES WORK
The Site, Application, and Services provide a hosted platform that enables Creators to publish, distribute, and monetize Creator Content through
SubZuu-operated experiences, which may include web pages, branded sites, mobile experiences, applications, embeddable players, APIs, feeds, and
related technology (collectively, “Creator Experiences”). Creator Experiences may be accessible through SubZuu domains, creator-branded domains,
app stores, third-party platforms, or other distribution channels supported by SubZuu.
You may browse certain Creator Experiences as an unregistered visitor; however, if you wish to create, publish, administer, or modify Creator
Experiences or Creator Content, you must register for a SubZuu LLC Account (defined below).
As between the Parties, Creator retains ownership of Creator Content, and SubZuu retains ownership of the SubZuu platform, including the
Site, Applications, Services, underlying software, templates, tools, workflows, APIs, and platform features (collectively, “Platform Technology”).
SubZuu may provision, host, operate, and maintain Creator Experiences using Platform Technology and may control the technical implementation,
availability, delivery mechanisms, performance, and distribution methods of the Platform Technology and Creator Experiences.
Creator is solely responsible for (i) the operation of Creator’s business, (ii) Creator Content, (iii) ensuring Creator Content complies with these Terms,
SubZuu policies, payment provider and app store requirements, and applicable law, and (iv) Creator’s interactions with Stakeholders/Fans, including
customer service, communications, and any Creator-specific policies, subject to these Terms.
PLEASE NOTE THAT THE SITE, APPLICATION, AND SERVICES ARE INTENDED TO FACILITATE CREATORS AND THEIR STAKEHOLDERS/FANS
CONNECTING AND TRANSACTING DIRECTLY WITH EACH OTHER THROUGH CREATOR EXPERIENCES. SubZuu DOES NOT CONTROL AND DOES NOT
ASSUME RESPONSIBILITY FOR CREATOR CONTENT, INCLUDING ITS ACCURACY, LEGALITY, QUALITY, SUITABILITY, OR NON-INFRINGEMENT. SubZuu
DISCLAIMS ANY AND ALL LIABILITY RELATED TO CREATOR CONTENT AND CREATOR EXPERIENCES, EXCEPT TO THE EXTENT REQUIRED BY
APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, SubZuu RESERVES THE RIGHT TO REMOVE OR DISABLE ACCESS TO CREATOR CONTENT,
SUSPEND OR TERMINATE CREATOR EXPERIENCES, AND/OR TERMINATE OR SUSPEND CREATOR ACCOUNTS THAT VIOLATE THESE TERMS OR
SubZuu POLICIES OR THAT CREATE RISK FOR SubZuu, USERS, OR THIRD PARTIES.
ACCOUNT REGISTRATION
In order to access certain features of the Site and Application, and to create or edit a mobile application, you must register to create an
account (“SubZuu LLC Account“) and become a Creator. You may register to join the Services directly via the Site or Application or as
described in this section.
At such time as the feature becomes available, you can also register to join by logging into your account with certain third-party social
networking sites (“SNS“) (including, but not limited to, Facebook, Twitter, Google and Yahoo; each such account, a “Third-Party Account“),
via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your SubZuu
LLC Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to SubZuu LLC through the Site,
Services or Application; or (ii) allowing SubZuu LLC to access your Third-Party Account, as permitted under the applicable terms and
conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login
information to SubZuu LLC and/or grant SubZuu LLC access to your Third-Party Account (including, but not limited to, for use for the
purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party
Account and without obligating SubZuu LLC to pay any fees or making SubZuu LLC subject to any usage limitations imposed by such
third-party service providers. By granting SubZuu LLC access to any Third-Party Accounts, you understand that SubZuu LLC will access,
make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content“) so
that it is available on and through the Site, Services and Application via your SubZuu LLC Account and SubZuu LLC Account profile page.
Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Creator Content for all purposes of these Terms.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts,
personally identifiable information that you post to your Third-Party Accounts will be available on and through your SubZuu LLC Account on
the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or SubZuu LLC’s
access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and
through the Site, Services and Application. You have the ability to disable the connection between your SubZuu LLC Account and your
Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY
BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. SubZuu LLC
makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and
SubZuu LLC is not responsible for any SNS Content.
Your SubZuu LLC Account and your SubZuu LLC Account profile page will be created for your use of the Site and Application based upon the
personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active SubZuu
LLC Account. You agree to provide accurate, current and complete information during the registration process and to update such
information to keep it accurate, current and complete. SubZuu LLC reserves the right to suspend or terminate your SubZuu LLC Account and
your access to the Site, Application and Services if you create more than one (1) SubZuu LLC Account, or if any information provided during
the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms
of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.
Unless expressly authorized by a specific feature on SubZuu LLC, you are not permitted to share your SubZuu LLC Account with anyone or
allow others to access or use your SubZuu LLC Account. SubZuu LLC may enable features, in our discretion, that allow other content
publishers to take certain actions associated with your SubZuu LLC Account, on your behalf with your express authorization, such as having
your executive assistant, or employer publish on your behalf or adding a family member to your account as an additional content publisher.
You agree that you will take sole responsibility for any activities or actions under your SubZuu LLC Account, whether or not you have
authorized such activities or actions. You will immediately notify SubZuu LLC of any unauthorized use of your SubZuu LLC Account.
FEE REVENUE SHARE, AND PAYOUTS ARRANGEMENT
1. Platform Fees for Paid Content
SubZuu LLC (“SubZuu,” “we,” “us,” or “our”) provides a platform that enables creators (“Creators,” “you,” or “your”) to distribute digital content and
experiences to fans (“Fans”) through subscriptions, one-time purchases, rentals, and other access models.
For paid content distributed through the SubZuu platform, SubZuu retains a twenty percent (20%) platform fee on gross revenues generated from the
following monetization models:
● Subscriptions (including, but not limited to, weekly, monthly, quarterly, semi-annual, and annual plans)
● One-time content unlocks or purchases
● Time-limited rentals (including, but not limited to, 72-hour access)
The remaining balance, after deduction of the platform fee and all other applicable fees described below, constitutes your Net Revenues.
Creators retain full control over whether content is gated, ungated, added, removed, or modified at any time, subject to platform policies and
applicable law.
2. Free Content and Advertising
SubZuu may allow Creators to offer free or ungated content on the platform. In connection with free content:
● SubZuu reserves the right to display, deliver, or insert advertising, promotional materials, platform messaging, or other commercial content
across Creator experiences.
● Where applicable and explicitly enabled by SubZuu, Creators may participate in advertising revenue-sharing programs, which may be
calculated on a CPM or similar basis.
Unless expressly stated otherwise in writing by SubZuu:
● SubZuu retains thirty percent (30%) of any applicable advertising revenue share.
● SubZuu is not obligated to share advertising revenue for platform-served advertisements delivered as part of the core service offering.
Advertising monetization features may be introduced, modified, suspended, or discontinued at SubZuu’s discretion and may not be available during
MVP or early platform phases.
3. Payment Processing Fees and Chargebacks
All payment transactions processed through the platform are subject to third-party payment processor fees, which are borne by the Creator and
deducted from gross revenues prior to calculation of Net Revenues.
As of the Effective Date, payment processing fees typically include, but are not limited to:
● A processing fee of approximately 2.9% of the transaction amount plus $0.30 per transaction
● Currency conversion fees, where applicable
● Chargeback, dispute, and reversal fees
● Fraud-related, network-imposed, or compliance-related fees
Payment processing fees and related costs are subject to change at any time based on third-party processor pricing, network rules, or regulatory
requirements.
Reserves; Offsets; Negative Balances. SubZuu may establish and maintain reserves to cover chargebacks, refunds, disputes, reversals, fraud losses,
and other risks. If Creator’s account reflects a negative balance for any reason, SubZuu may (i) deduct amounts owed from current or future payouts,
(ii) offset amounts against any sums payable to Creator, and/or (iii) require Creator to reimburse SubZuu upon demand.
FEES / PAYOUTS (FUNDS HOLDS, DAMAGES, OFFSETS) - Funds Holds; Damages; Offsets.
SubZuu LLC may withhold, delay, suspend, or offset payouts and may maintain reserves where reasonably necessary to address chargebacks, refunds,
disputes, fraud, policy violations, legal claims, damages, penalties, or other liabilities arising from Creator Content or Creator’s use of the Site,
Application, or Services.
If SubZuu LLC incurs costs, losses, damages, fines, penalties, legal fees, or other expenses arising from or related to Creator Content, Creator’s
breach of these Terms, or Creator’s violation of applicable law or third-party rights, SubZuu LLC may deduct such amounts from current or future
payouts or require Creator to reimburse SubZuu LLC upon demand.
Payment Processor Compliance
All transactions on SubZuu are subject to the rules and requirements of third-party payment processors, acquiring banks, and card networks.
SubZuu reserves the right to:
- refuse or reverse transactions;
- withhold or delay payouts;
- require additional verification;
to comply with such requirements.
Creators are solely responsible for all chargebacks, refunds, disputes, and associated fees, which may be deducted from current or future payouts.
4. Payouts and Reporting
Net Revenues owed to you will be remitted on a periodic basis determined by SubZuu, subject to minimum payout thresholds, account verification,
compliance checks, fraud review, reserves, and payment processor requirements.
SubZuu may provide earnings statements, dashboards, or reports summarizing transaction activity and payouts. Reporting timing, format, and
availability may change as the platform evolves.
Payout Timing and Settlement
Net Revenues are paid out on a periodic basis, subject to applicable settlement delays, payment processor requirements, fraud review, chargebacks,
refunds, reserves, and compliance checks.
SubZuu generally processes payouts up to twice per month. Payouts include only transactions that have successfully settled and cleared applicable
risk, refund, and dispute review periods.
For clarity:
● Transactions must fully settle before becoming eligible for payout.
● Settlement timing may vary based on payment method, region, processor policies, and account standing.
● SubZuu may delay or withhold payouts to address chargebacks, refunds, suspected fraud, compliance reviews, negative balances, or
minimum payout thresholds.
● Specific payout dates, settlement cutoffs, and reporting periods may be displayed in your Creator dashboard or communicated separately
and may change from time to time.
SubZuu does not guarantee same-day, next-day, or fixed-date payouts.
As of the Effective Date, SubZuu generally targets a settlement delay of approximately 10–14 days between transaction processing and payout
eligibility; however, this timeframe is not guaranteed and may change.
5. Future Fees, Products, and Platform Tools
SubZuu may introduce additional products, services, tools, features, or monetization models in the future, including but not limited to:
● Platform subscription plans
● One-time fees for premium tools or features
● Advertising and promotional programs
● Analytics, distribution, or discovery enhancements
● Infrastructure-based or usage-based services
Fees associated with such offerings, if any, will be disclosed prior to use and may be governed by supplemental terms.
SubZuu reserves the right to modify its fee structure upon reasonable notice, subject to applicable law.
Payout and Financial Compliance
SubZuu reserves the right to delay, withhold, or reverse payouts as necessary to:
- comply with payment processor requirements;
- investigate fraud or disputes;
- manage financial risk.
Creators are solely responsible for all taxes and reporting obligations related to their earnings.
6. Refunds
All fees paid to SubZuu are non-refundable, except where required by law or expressly stated otherwise.
End-User Refunds. Creator is responsible for Creator’s refund, cancellation, and customer service policies for transactions involving Creator Content,
subject to platform requirements and applicable law. SubZuu may issue refunds to end users to comply with law, card network rules, payment
provider requirements, or to mitigate risk, and may deduct refunded amounts and associated fees from Creator’s payouts.
SubZuu may, at its sole discretion, issue refunds, credits, or other accommodations. The issuance of any refund or credit does not obligate SubZuu to
provide similar relief in the future.
APPLICATION SUBMISSION
If SubZuu assists with submission or distribution through app stores or similar platforms, submission details (including developer/vendor
attribution, branding, required disclosures, and metadata) may vary by platform requirements and SubZuu configuration. Creator authorizes
SubZuu to include “Powered by SubZuu” branding and to reference SubZuu as a technology provider where required or reasonably necessary
to operate the Services.
Creators are required by these Terms to provide accurate information. Although SubZuu LLC may, for transparency or fraud prevention or
detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other
information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Creators
and/or screen Creator information against third party databases or other sources, we do not make any representations about, confirm, or
endorse any Creator or the Creator’s purported identity or background.
By registering for an SubZuu LLC Account, you agree that SubZuu LLC may - but is not obligated to - request a consumer report on you
from a Consumer Reporting Agency. If we do request a consumer report, we’ll request and use it in compliance with applicable law,
including the Fair Credit Reporting Act.
Any references in the Site, Application or Services to a Creator being “verified” or “connected” (or similar language) only indicate that the
Creator has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an
endorsement, certification or guarantee by SubZuu LLC about any Creator, including of the Creator’s identity and whether the Creator is
trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own
decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore
recommend that you always exercise due diligence and care when deciding whether to download, install or use a mobile application on your
mobile device, tablet or computer. SubZuu LLC are not responsible for any damage or harm resulting from your interactions with other
Creators.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of
other Creators or other third parties will be limited to a claim against the particular Creators or other third parties who caused you harm.
You agree not to attempt to impose liability on or seek any legal remedy from SubZuu LLC with respect to such actions or omissions.
Accordingly, we encourage you to communicate directly with other Creators on the Site and Services regarding any content contained
within associated Content Distribution Applications.
NO ENDORSEMENT
SubZuu LLC does not endorse any Creator or Content Distribution Application. TAXES
Tax regulations may require us to collect appropriate tax information from our Creators, or to withhold taxes from payouts to Creators, or
both. For instance, IRS regulations stipulate that we must collect an IRS Form W–9 from certain US Creators, and an appropriate IRS Form
W–8 (e.g. Form W–8BEN) from non-US Creators with at least one Content Distribution Application in the US. You as a Creator are solely
responsible for keeping the information in your tax forms current, complete and accurate. If you as a Creator fail to provide us with
documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you (e.g. where you
are a US Creator and you fail to provide us with a completed IRS Form W–9), we reserve the right in our sole discretion to freeze all
payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as a Creator understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and
(ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Content
Distribution Applications. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you.
SubZuu LLC cannot and does not offer Tax-related advice to any Creators.
Where applicable, or based upon request from a Creator, SubZuu LLC may issue a valid VAT invoice to such Creator.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority“) where your
Website and Content Distribution Application is located may require Taxes to be collected from Stakeholders or Creator on the amount paid
for the right to download and/or use of the Website and Content Distribution Applications, and to be remitted to the respective Tax
Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Website
and Content Distribution Application Fees set by Creators (hereafter, “Usage Taxes“).
CURRENCY CONVERSION
SubZuu LLC’s online platform facilitates mobile interactions and transactions between Stakeholders and Creators who may pay in a
currency different from their destination currency, which may require currency conversions to accommodate these differing currency
preferences. Although the SubZuu LLC platform allows Stakeholders and Creators to view the price of Content Distribution Applications and
in-app transactions in a number of currencies, the currencies available for Stakeholders and Creators to make and receive payments may be
limited, and may not include the default currency in any given geographic location.
USER CONDUCT
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that
may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services
and Collective Content, you may not and you agree that you will not:
● violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning
restrictions and Tax regulations;
● use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or
“spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
● access or use our Site, Application or Services to use, expose, or allow to be used or exposed, any SubZuu LLC Content: (i) that is
not publicly displayed by SubZuu LLC in its search results pages or Content Distribution Application pages before a Content
Distribution Application is downloaded and installed; (ii) in any way that is inconsistent with the SubZuu LLC Privacy Policy or
Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of SubZuu LLC’s users or any
other third party;
● use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by
these Terms or in a manner
that falsely implies SubZuu LLC endorsement, partnership or otherwise misleads others as to your affiliation with SubZuu LLC;
● dilute, tarnish or otherwise harm the SubZuu LLC brand in any way, including through unauthorized use of Collective Content,
registering and/or using SubZuu LLC or derivative terms in domain names, trade names, trademarks or other source identifiers,
or registering and/or using domain names, trade names, trademarks or other source identifiers that closely imitate or are
confusingly similar to SubZuu LLC domains, trademarks, taglines, promotional campaigns or Collective Content
● copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for
purposes not expressly permitted by these Terms;
● infringe the rights of SubZuu LLC or the rights of Creators or any other person or entity, including without limitation, their
intellectual property, privacy, publicity or contractual right;
● interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots,
Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic
mail address information or similar methods or technology;
● use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity,
including without limitation, photographs of others without their permission, personal contact information or credit, debit,
calling card or account numbers;
● use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email
(“spam”) or advertisements unrelated to the content contained within our Creators’ Content Distribution Applications;
● “stalk” or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally
identifiable information about any other user other than for purposes of transacting as an SubZuu LLC Stakeholder or Creator;
● offer, as a Creator, any Content Distribution Application or Content therein, that you do not yourself own or have permission to
Publish (without limiting the foregoing, you will not list Content Distribution Applications as a Creator if you are serving in the
capacity of an agent for a third party);
● offer, as a Creator, any Content within a Content Distribution Application that may not be Published pursuant to the terms and
conditions of an agreement with a third party;
● register for more than one SubZuu LLC Account or register for an SubZuu LLC Account on behalf of an individual other than
yourself; ● contact another Creator for any purpose other than asking a question related to a Content Distribution Application
published by said Creator, or the Creator’s use of the Site, Application and Services;
● recruit or otherwise solicit any Creator or other Creator to join third-party services or websites that are competitive to SubZuu LLC,
without SubZuu LLC’s prior written approval;
● recruit or otherwise solicit any Creator to join third-party services, applications or websites, without our prior written approval;
● impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
● use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
● use the Site, Application, Services or Collective Content to find a Creator or Stakeholder and then complete the creation of a
Content Distribution Application independent of the Site, Application or Services, in order to circumvent the obligation to pay any
fees related to SubZuu LLC’s provision of the Services or for any other reasons;
● as a Creator, submit any Content Distribution Application with false or misleading information, including price information, or
submit any Content Distribution Application with a price that you do not intend to honor;
● engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services;
● post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright,
trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or
encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent,
false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene,
pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual
or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes
illegal or harmful activities or substances;
● systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in
single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the
use of bots, crawlers, or spiders, or otherwise;
● use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site,
Application, Services or Collective Content, SubZuu LLC’s name, any SubZuu LLC trademark, logo or other proprietary
information, or the layout and design of any page, Content Distribution Application or form contained on a page in the Site,
Application or Services, without SubZuu LLC’s express written consent;
● access, tamper with, or use non-public areas of the Site, Application or Services, SubZuu LLC’s computer systems, or the technical
delivery systems of SubZuu LLC’s providers;
● attempt to probe, scan, or test the vulnerability of any SubZuu LLC system or network or breach any security or authentication
measures;
● avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by SubZuu
LLC or any of SubZuu LLC’s providers or any other third party (including another user) to protect the Site, Services, Application
or Collective Content;
● use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
● attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application
or Collective Content;
● advocate, encourage, or assist any third party in doing any of the foregoing; or ● accept or make a payment for Website and
Content Distribution Application Fees outside SubZuu LLC payments. If you do so, you acknowledge and agree that you: (i) would be in
breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold SubZuu LLC harmless from any liability
for such payment.
SubZuu does not permit adult-only, sexually explicit, pornographic, or NSFW content intended primarily for sexual arousal on the
platform.
SubZuu LLC has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in
these Terms, SubZuu LLC may take a range of actions against you, including but not limited to removing or disabling access to any or all of
your Creator Content or deactivating or canceling your Content Distribution Application(s) or SubZuu LLC Account, for a violation of this
Section or these Terms.
SubZuu LLC may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that
it is reasonably necessary to (i) respond to claims asserted against SubZuu LLC or to comply with legal process (for example, subpoenas or
warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment,
investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of SubZuu LLC,
its users, or members of the public. You acknowledge that SubZuu LLC has no obligation to monitor your access to or use of the Site,
Application, Services or Collective Content or to review, remove, disable access to or edit any Creator Content, but has the right to do so for
the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk
assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or
the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is
otherwise objectionable or as set forth in these Terms. SubZuu LLC reserves the right, at any time and without prior notice, to remove or
disable access to any Collective Content that SubZuu LLC, at its sole discretion, considers to be objectionable for any reason, in violation of
these Terms or otherwise harmful to the Site, Application or Services.
REPORTING MISCONDUCT
If you use a Content Distribution Application from a Creator on the SubZuu LLC platform or find anyone associated with SubZuu LLC who
you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually
inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report
such person to the appropriate authorities and then to SubZuu LLC by contacting us with your police station and report number; provided
that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
PRIVACY
You agree that SubZuu LLC’s Privacy Policy (as may be updated from time to time) governs SubZuu LLC’s collection and use of your
personal information. This Privacy Policy is intended to inform you about how we treat Personal Information that we process about you. If
you do not agree to any part of this Privacy Policy, then we cannot provide the Platform or Services to you, and you should stop accessing
the Platform and deactivate your SubZuu Account.
What information do we collect?
Information that you give us
We receive, store and process information, including Personal Information, that you make available to us when accessing or
using our Platform and Services. Examples include when you:
● fill in any form on the Platform, or within a Content Distribution Application, such as when you register or update the
details of your user account, or when you supply ID and other verification information;
● access or use the Platform, such as to create a new Content Distribution Application, edit an existing Content
Distribution Application, or download and install an existing Content Distribution Application, pay for a Content
Distribution Application, or pay for any associated services that may be available, post comments or reviews, or
communicate with other users;
● link your account on a Third-Party site (e.g. Facebook) to your SubZuu Account, in which case we will obtain the Personal
Information that you have provided to the Third-Party site, to the extent allowed by your settings with the Third-Party
site and authorized by you;
● communicate with SubZuu; and
● share information with another Creator or Stakeholder.
Information we get from your use of our Platform
We also receive, store and process information, possibly including Personal Information, when you access or use our Platform
and Services, including but not limited to:
● Mobile Data
When you use certain features of the Platform, in particular our mobile applications we may receive, store and process
different types of information about your location, including general information (e.g. IP address, zip code) and more
specific information (e.g. GPS-based functionality on mobile devices used to access the Platform or specific features
of the platform). If you access the Platform through a mobile
device and you do not want your device to provide us with location-tracking information, you can disable the GPS or
other location-tracking functions on your device, provided your device allows you to do this. See your device
manufacturer’s instructions for further details.
● Contact Information
You may use your contact information, such as your email address, phone number or Social account ID to create or
customize your account or to enable certain account features, for example, for login verification. If you provide us with
your email address, phone number or Social account ID, you agree to receive emails to that email address, text
messages to that phone number or messages to that Social account, as the case may be. We may use your contact
information to send you information about our Platform and Services, to market to you, and to help prevent spam,
fraud, or abuse.
● Log Data
We may also receive, store and process log data, which is information that is automatically recorded by our servers
whenever you access or use the Platform, regardless of whether you are registered with SubZuu or logged in to your
SubZuu Account, such as your IP Address, the date and time you access or use the Platform, the hardware and
software you are using, referring and exit pages and URLs, the number of clicks, device event information, pages
viewed and the order of those pages, and the amount of time spent on particular pages.
● Cookies and other Tracking Technologies
SubZuu may use cookies and other similar technologies, such as mobile application and other device identifiers, on
the Platform. We may also allow our business partners to use their cookies and other tracking technologies on the
Platform. As a result, when you access or use the Platform, you will provide or make available certain information to
us and to our business partners.
While you may disable the usage of cookies through your browser settings, we do not change our practices in
response to a “Do Not Track” signal in the HTTP header from your browser or mobile application. We track your
activities if you click on advertisements for SubZuu services on Third-Party platforms such as search engines and
social networks, and may use analytics to track what you do in response to those advertisements.
We may, either directly or through Third Parties we engage to provide services to us, also continue to track your
behavior on our own Platform for purposes of our own customer support, analytics, research, product development,
fraud prevention, risk assessment, regulatory compliance, investigation, as well as to enable you to use and access the
Platform
and pay for your activities on the Platform. We may also, either directly or through Third-Parties we engage to provide
services to us, track your behavior on our own Platform to market and advertise our services to you on the Platform
and Third-Party websites. Third Parties that use cookies and other tracking technologies to deliver targeted
advertisements on our Platform and/or Third-Party websites may offer you a way to prevent such targeted
advertisements by opting-out at the websites of industry groups such as the Network Advertising Initiative and/or the
Digital Advertising Alliance. You may also be able to control advertising cookies provided by publishers, for example
Google’s Ad Preference Manager. Please note that even if you choose to opt-out of receiving targeted advertising, you
may still receive advertising on or about the Platform – it just will not be tailored to your interests. In addition, if you
disable cookies, you may lose some of the features and functionality of using our Platform, Application and Services,
as cookies are necessary to track and enhance your use and access.
Third Parties may not collect information about users’ online activities on the Platform except as described in this
policy.
● Third-Party social plugins
Our Platform may use social plugins which are provided and operated by Third-Parties, such as Facebook’s Like
Button.
As a result of this, you may send to the Third-Party the information that you are viewing on a certain part of our
Platform. If you are not logged into your account with the Third-Party, then the Third Party may not know your identity.
If you are logged into your account with the Third Party, then the Third Party may be able to link information about
your visit to our Platform to your account with them. Similarly, your interactions with the social plugin may be
recorded by the Third Party.
Please refer to the Third Party’s privacy policy to find out more about its data practices, such as what data is
collected about you and how the Third Party uses such data.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways: •
● To personalize your experience
Your information helps us to better respond to your individual needs) • ● To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any
reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service
requested.
● To send periodic emails
The email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit,
or access your personal information. After a transaction, your private information (credit cards, social security numbers, financials, etc.)
will not be stored on our servers.
Do we use cookies?
Yes. Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you
allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information. We use
cookies to help us remember and process the items in your shopping cart.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third
parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this
information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our
site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided
to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have
separate and independent privacy
policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect
the integrity of our site and welcome any feedback about these sites.
New Mexico Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the New Mexico Online Privacy
Protection Act. We therefore will not distribute your personal information to outside parties without your consent. As part of the New
Mexico Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging into their
control panel and going to the 'Edit Profile' page.
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information
from anyone under 18 years of age. Our website, products and services are all directed to people who are at least 18 years old or older.
Your Consent
By using our site, you consent to our privacy policy.
Changes to our Privacy Policy
If we decide to change our privacy policy, we will post those changes on this page, and/or update the Privacy Policy modification date
below.
INTELLECTUAL PROPERTY OWNERSHIP AND RIGHTS NOTICES
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and
foreign countries. You acknowledge and agree that the Site, Application, Services and SubZuu LLC Content, including all associated
intellectual property rights, are the exclusive property of SubZuu LLC and its licensors. You will not remove, alter or obscure any copyright,
trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or SubZuu LLC
Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of SubZuu LLC used on or in connection
with the Site, Application, Services, and SubZuu LLC Content are trademarks or registered trademarks of SubZuu LLC in the US and abroad.
Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the
Site, Application, Services, and SubZuu LLC Content are used for identification purposes only and may be the property of their respective
owners. As a Creator or a
Stakeholder, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the
Site, Application, Services and Collective Content, including SubZuu LLC’s Trademarks.
ADDITIONAL TERMS
Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements
may apply to your use of those products, features or offerings. If additional terms are available for the relevant product or Services you use,
those additional terms become part of these Terms.
APPLICATION LICENSE
Subject to your compliance with these Terms, SubZuu LLC grants you a limited non-exclusive, non-transferable license to download and
install a copy of the Content Distribution Application on each mobile device or computer that you own or control and run such copy of the
Content Distribution Application solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application
(defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary
operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. SubZuu LLC reserves all
rights in the Application not expressly granted to you by these Terms.
SubZuu LLC CONTENT AND CREATOR CONTENT LICENSE
Subject to your compliance with these Terms and SubZuu LLC’s Trademark, SubZuu LLC grants you a limited, non-exclusive,
non-transferable license, to (i) access and view any Content published via the SubZuu LLC Platform solely for your personal and
non-commercial purposes and (ii) access and view any Creator Content to which you are permitted access, solely for your personal and
non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly
perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in
these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled
by SubZuu LLC or its licensors, except for the licenses and rights expressly granted in these Terms.
CREATOR CONTENT
18 U.S.C. §2257 Compliance
SubZuu complies with the requirements of 18 U.S.C. §2257 and associated regulations.
All Creators are solely responsible for maintaining all records required under 18 U.S.C. §2257, including but not limited to:
(a) valid government-issued identification verifying that all individuals appearing in content are at least eighteen (18) years of age;
(b) records of consent and participation;
(c) documentation required under applicable record-keeping laws.
Creators must maintain such records and provide them to SubZuu upon request.
Failure to comply may result in immediate content removal, account suspension, forfeiture of earnings, and reporting to appropriate authorities.
Custodian of Records
Records required pursuant to 18 U.S.C. §2257 are maintained by the respective Creator responsible for the content.
SubZuu does not act as the primary producer or custodian of records for user-generated content unless otherwise expressly stated.
Requests related to records may be directed to SubZuu, which will coordinate with the applicable Creator where appropriate.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Creator Content. By making available any Creator Content on
or through the Site, Application, Services, or through SubZuu LLC promotional campaigns, you
hereby grant to SubZuu LLC a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free
license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly
perform, transmit, stream, broadcast, access, view, and otherwise exploit such Creator Content on, through, by means of or to promote or
market the Site, Application and Services. SubZuu LLC does not claim any ownership rights in any such Creator Content and nothing in
these Terms will be deemed to restrict any rights that you may have to use and exploit any such Creator Content.
SubZuu may apply reasonable storage, bandwidth, or usage limits based on Creator’s plan, add-ons, or fair use thresholds, as described in
the Creator dashboard or supplemental terms.
Content Review and Enforcement. SubZuu may remove, disable access to, or restrict distribution of any Creator Content or Creator
Experience at any time if we believe, in our discretion, that it violates these Terms, our policies, payment provider or app store
requirements, or applicable law, or presents risk to SubZuu, users, or third parties. SubZuu may suspend payouts or terminate accounts
associated with excessive chargebacks, fraud, or policy violations.
CREATOR CONTENT (OWNERSHIP + AUTHORIZATION WARRANTY) - Creator represents, warrants, and agrees that all Creator Content
published, distributed, or monetized through the Site, Application, or Services is owned by Creator or that Creator has obtained all
necessary rights, licenses, consents, permissions, and releases required to lawfully publish, distribute, display, perform, and monetize such
Creator Content. Creator may not publish, distribute, or monetize any content that Creator does not own or does not have express legal
authorization to use.
CREATOR CONTENT (PLATFORM TAKEDOWN AUTHORITY) - SubZuu LLC reserves the right, at its sole discretion and without prior notice,
to remove, disable access to, restrict distribution of, or otherwise take action with respect to any Creator Content or Creator Experience for
any reason, including but not limited to violations of these Terms, SubZuu policies, payment provider or app store requirements, legal or
regulatory concerns, intellectual property claims, excessive disputes or chargebacks, reputational risk, or operational risk to the platform.
Creator further represents and warrants that Creator Content does not infringe, misappropriate, or violate any intellectual property rights, rights of
publicity or privacy, contractual rights, or other rights of any third party, and does not violate any applicable law, regulation, payment provider
requirements, or SubZuu policies.
Age Verification and Record Keeping
Creator represents and warrants that:
(a) all individuals appearing in Creator Content are at least eighteen (18) years of age;
(b) Creator has obtained and maintains valid documentation verifying age and consent;
(c) such documentation will be provided to SubZuu upon request.
Failure to comply may result in content removal, account suspension, forfeiture of earnings, and reporting to authorities.
Prohibited Content includes, but is not limited to:
- Content involving minors
- Non-consensual content
- Coercion or exploitation
- Trafficking
- Bestiality
- Incest
- Violence or harm
- Any content violating payment processor rules
SubZuu reserves the right to update prohibited categories at any time.
Anti-Trafficking and Consent Policy
SubZuu maintains a zero-tolerance policy for human trafficking, coercion, exploitation, or non-consensual content.
Creators must ensure that all participants:
(a) have provided explicit, informed, and voluntary consent;
(b) are not subject to coercion, force, or manipulation.
Any suspected violations may be reported to law enforcement and will result in immediate account termination.
You acknowledge and agree that you are solely responsible for all Creator Content that you make available or access through the Site,
Application, Services or through SubZuu LLC promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole
and exclusive owner of all Creator Content that you make available through the Site, Application, Services or through SubZuu LLC
promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to SubZuu LLC the rights in such
Creator Content, as contemplated under these Terms; and (ii) neither the Creator Content nor your posting, uploading, publication,
submission or transmittal of the Creator Content or SubZuu LLC’s use of the Creator Content (or any portion thereof) on, through or by
means of the Site, Application, the Services or SubZuu LLC promotional campaigns will infringe, misappropriate or violate a third party’s
patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy,
or result in the violation of any applicable law or regulation.
LINKS
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that SubZuu LLC is
not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or
available from such websites or resources. Links to such websites or resources do not imply any endorsement by SubZuu LLC of such
websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility
for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from
such websites or resources.
FEEDBACK
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services
(“Feedback“). You may submit Feedback by emailing us, through the Support section of the Site and Application, or by other means of
communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of SubZuu LLC and you
hereby irrevocably assign to SubZuu LLC and agree to irrevocably assign to SubZuu LLC all of your right, title, and interest in and to all
Feedback, including without
limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any
moral rights you may have in such Feedback. At SubZuu LLC’s request and expense, you will execute documents and take such further acts
as SubZuu LLC may reasonably request to assist SubZuu LLC to acquire, perfect, and maintain its intellectual property rights and other legal
protections for the Feedback.
COPYRIGHT POLICY
SubZuu LLC respects copyright law and expects its users to do the same. It is SubZuu LLC’s policy to terminate in appropriate
circumstances the SubZuu LLC Accounts of Creators or other account holders who infringe or are believed to be repeatedly infringing the
rights of copyright holders.
DMCA Notices. If you believe content on the Services infringes your copyright, you may submit a notice to our designated agent at:
product@SubZuu.com with (i) identification of the copyrighted work, (ii) identification of the allegedly infringing material and its location,
(iii) your contact information, (iv) a statement of good-faith belief, and (v) a statement under penalty of perjury that the notice is accurate
and you are authorized to act. SubZuu may remove or disable access to material upon receipt of a compliant notice and may terminate
repeat infringers.
TERM AND TERMINATION, SUSPENSION AND OTHER MEASURES
Term
These Terms remain in effect until terminated by you or SubZuu LLC in accordance with this section. Any paid plan, subscription, or fee-based feature
offered through the Services may have its own billing period, renewal terms, or usage conditions, which will be presented at the time of purchase and
incorporated by reference.
Creator Termination for Convenience
Creators may terminate their SubZuu LLC Account for convenience; however, because Creator Content may be accessed by Fans through
subscriptions, rentals, or other paid access models, Creators are required to provide at least thirty (30) days’ advance notice prior to
terminating their Creator Account or discontinuing paid Creator Experiences.
During the notice period:
• Creator must continue to honor all active subscriptions, rentals, and paid access granted to Fans
• Creator may not charge new users for access that cannot be fulfilled during the notice period
• Creator must not remove access to paid content except as permitted by platform tools or policies
SubZuu may, at its discretion, provide notice to Fans regarding Creator termination, subscription changes, or service discontinuation.
Failure to provide the required notice may result in delayed payouts, withheld funds, refunds to Fans, account suspension, or other enforcement
actions.
Creator termination requests may be submitted through account settings or by written notice to SubZuu.
SubZuu Termination for Convenience
SubZuu LLC may terminate these Terms for convenience by providing at least thirty (30) days’ notice to the Creator using the registered email
address, except where immediate termination is permitted under the suspension and enforcement provisions below.
Suspension, Termination for Breach, and Enforcement Measures
SubZuu LLC may immediately suspend, restrict, or terminate access to the Services, Creator Experiences, payouts, or Creator Accounts, with or
without notice, if SubZuu determines in good faith that:
• Creator has violated these Terms, SubZuu policies, or applicable law
• Creator has published prohibited content, including sexually explicit, pornographic, or obscene material
• Creator has infringed or misappropriated intellectual property or third-party rights
• Creator has engaged in fraud, deception, or abuse of the platform
• Creator has excessive chargebacks, disputes, refunds, or payment reversals
• Creator poses legal, financial, reputational, operational, or security risk to SubZuu, Fans, payment providers, app stores, or third parties
• Immediate action is required to comply with legal, regulatory, or payment provider obligations
Enforcement actions may include, without limitation:
• Removal or disabling of Creator Content or Creator Experiences
• Suspension or termination of Creator Accounts
• Suspension, delay, or withholding of payouts
• Refunds issued to Fans, in whole or in part
• Permanent removal from the platform
SubZuu is not obligated to provide prior notice where immediate action is reasonably necessary.
Cure Period for Non-Material Breaches
Where appropriate and in SubZuu’s sole discretion, Creators may be given notice of non-material breaches and an opportunity to cure within a
reasonable timeframe. Nothing in this section limits SubZuu’s right to take immediate enforcement action where required.
Consequences of Termination or Suspension
Upon termination or suspension:
• Creator access to the Services may be limited or revoked
• Creator Content may be removed, retained, or disabled at SubZuu’s discretion
• SubZuu may retain records and data as required for legal, operational, or compliance purposes
• Creator is not entitled to restoration of their account or Creator Content
• Creator may not attempt to re-register or access the Services through alternate accounts
TERMINATION / ENFORCEMENT (EXPLICIT AUTHORITY) - SubZuu LLC may immediately suspend or terminate Creator Accounts, Creator Experiences,
payouts, or access to the Services for violations involving prohibited content, intellectual property infringement, unauthorized content distribution,
fraud, or conduct that creates legal, financial, reputational, or operational risk to SubZuu LLC.
Termination does not relieve Creator of obligations incurred prior to termination, including refund obligations, chargebacks, negative balances, or
indemnification responsibilities.
Survival
All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to provisions relating to fees,
payment obligations, ownership, licenses, indemnification, limitation of liability, dispute resolution, and governing law.
DISCLAIMERS
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU
ACKNOWLEDGE AND AGREE THAT SubZuu LLC DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND
OR REGISTERED SEX OFFENDER CHECKS ON ANY CREATOR, INCLUDING, BUT NOT LIMITED TO, STAKEHOLDERS AND CREATORS. BUT
MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS, IN OUR SOLE DISCRETION, TO THE EXTENT PERMITTED
BY APPLICABLE LAWS AND IF WE HAVE SUFFICIENT INFORMATION TO IDENTIFY A CREATOR. IF WE CHOOSE TO CONDUCT SUCH
CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT
IN THE FUTURE.
THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SubZuu LLC EXPLICITLY DISCLAIMS ANY WARRANTIES OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND
ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SubZuu LLC MAKES NO WARRANTY THAT THE SITE,
APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE MOBILE APPLICATIONS OR ANY MOBILE
APPLICATIONS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SubZuu
LLC MAKES NO WARRANTY REGARDING THE QUALITY OF ANY MOBILE APPLICATIONS, MOBILE APPLICATIONS, CREATORS,
STAKEHOLDERS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR
RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SubZuu LLC OR THROUGH THE SITE, APPLICATION,
SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE,
APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE
OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY CREATORS OR STAKEHOLDERS. YOU UNDERSTAND
THAT SubZuu LLC DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR
TO REVIEW OR VISIT ANY MOBILE APPLICATIONS. SubZuu LLC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF
USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE,
APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH
OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT
AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, STAKEHOLDERS AND
CREATORS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE
ORGANIZED BY SubZuu LLC. SubZuu LLC EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY STAKEHOLDER OR
OTHER THIRD PARTY.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR
ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR MOBILE APPLICATION OR
DOWNLOADING AND INSTALLATION OF ANY MOBILE APPLICATIONS VIA THE SITE, APPLICATION AND SERVICES AND ANY CONTACT YOU
HAVE WITH OTHER USERS OF SubZuu LLC WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER SubZuu LLC NOR ANY
OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT WILL
BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR
LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR
SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION
WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY
COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS
WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES OR FROM YOUR
MOBILE APPLICATION OR INSTALLATION OF ANY MOBILE APPLICATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED
ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT SubZuu LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS
FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE CREATORS PURSUANT TO THESE TERMS IN NO EVENT WILL SubZuu
LLC’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND
SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR MOBILE APPLICATION OR DOWNLOADING OF ANY MOBILE APPLICATION VIA
THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE
CONTENT AND IN CONNECTION WITH ANY MOBILE APPLICATION OR INTERACTIONS WITH ANY OTHER CREATORS, EXCEED THE
AMOUNTS YOU HAVE PAID OR OWE FOR DOWNLOADING MOBILE APPLICATIONS VIA THE SITE, APPLICATION AND SERVICES AS A
STAKEHOLDER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A CREATOR,
THE AMOUNTS PAID BY SubZuu LLC TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY,
OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SubZuu LLC AND YOU. SOME
JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to release, defend, indemnify, and hold SubZuu LLC and its affiliates and subsidiaries, and their officers, directors, employees and
agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and
accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective
Content or your violation of these Terms; (b) your Creator Content; (c) your (i) interaction with any Creator, (ii) Downloading of a Content
Distribution Application, or (iii) creation of a Content Distribution Application and (d) the use, condition or Editing of an Content Distribution
Application by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or
otherwise) of any kind arising in connection with or as a result of a Downloading or use of an Content Distribution Application.
EXPORT CONTROL AND RESTRICTED COUNTRIES
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction
in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be
exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially
Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Site, Application and Services,
you represent and warrant that (i) neither you nor your listed Content Distribution Application is located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on
any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose
prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological
weapons. SubZuu LLC does not permit Content Distribution Applications associated with certain countries due to U.S. embargo restrictions.
In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
ACCESSING AND DOWNLOADING THE APPLICATION FROM ITUNES
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application“):
● You acknowledge and agree that (i) these Terms are concluded between you and SubZuu LLC only, and not Apple, and (ii) SubZuu
LLC, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store
Sourced Application must comply with the App Store Terms of Services.
● You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App
Store Sourced Application.
● In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and
Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by
applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As
between SubZuu LLC and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to
conform to any warranty will be the sole responsibility of SubZuu LLC.
● You and SubZuu LLC acknowledge that, as between SubZuu LLC and Apple, Apple is not responsible for addressing any claims you
have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store
Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced
Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection
or similar legislation.
● You and SubZuu LLC acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your
possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between
SubZuu LLC and Apple, SubZuu LLC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge
of any such intellectual property infringement claim to the extent required by these Terms.
● You and SubZuu LLC acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as
related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these
Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license
of the App Store Sourced Application against you as a third-party beneficiary thereof.
● Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using
the App Store Sourced Application.
ENTIRE AGREEMENT
Except as they may be supplemented by a document referenced and incorporated herein or by additional SubZuu LLC policies, guidelines,
standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and
agreement between SubZuu LLC and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and
any Content Distribution Applications made via the Site, Application and Services (excluding Payment Services), and these Terms supersede
and replace any and all prior oral or written understandings or agreements between SubZuu LLC and you regarding Content Distribution
Applications, the Site, Application, Services, and Collective Content (excluding Payment Services).
ASSIGNMENT
You may not assign or transfer these Terms, by operation of law or otherwise, without SubZuu LLC’s prior written consent. Any attempt by
you to assign or transfer these Terms, without such consent, will be null and of no effect. SubZuu LLC may assign or transfer these Terms, at
its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their
successors and permitted assigns.
NOTICES
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in
writing and given by SubZuu LLC (i) via a Communication (in each case to the address or phone number that you provide) or (ii) by posting
to the Site or via the Application. For notices made via a Communication, the date of receipt will be deemed the date on which such notice is
transmitted.
CONTROLLING LAW AND JURISDICTION
These Terms and your use of the Services will be interpreted in accordance with the laws of the State of New Mexico and the United States
of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located
in Albuquerque, New Mexico, or a United States District Court, for any actions for which the parties retain the right to seek injunctive or
other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of
a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision
below.
DMCA Compliance (17 U.S.C. §512)
SubZuu complies with the Digital Millennium Copyright Act.
If you believe that content on the Services infringes your copyright, you may submit a notice including:
- identification of the copyrighted work;
- identification of the infringing material;
- contact information;
- a statement of good faith belief;
- a statement under penalty of perjury.
SubZuu may remove or disable access to allegedly infringing content and may terminate repeat infringers.
DISPUTE RESOLUTION
If you reside in the United States, you and SubZuu LLC agree that any dispute, claim or controversy arising out of or relating to these Terms
or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site, Application or
Collective Content (collectively, “Disputes“) will be settled by binding arbitration, except that each party retains the right to seek injunctive
or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation
of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and
SubZuu LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class Creator in any purported class action lawsuit,
class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and SubZuu LLC
otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form
of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution”
section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of
these Terms.
● Arbitration Rules and Governing Law
This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the
interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association
(“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this “Dispute
Resolution” section. (The AAA Rules are available at www.adr.org/arb_medor by calling the AAA at 1–800–778–7879.) The
Federal Arbitration Act will govern the interpretation and enforcement of this section.
● Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the
AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed
to practice law in the state of New Mexico and will be selected by the parties from the AAA’s roster of consumer dispute
arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration,
then the AAA will appoint the arbitrator in accordance with the AAA Rules.
● Arbitration Location and Procedure
Unless you and SubZuu LLC otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does
not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and SubZuu LLC submit to the
arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000,
your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to
direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
● Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the
essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered
in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of
Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may
award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by
the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the
extent provided under applicable law. SubZuu LLC will not seek, and hereby waives all rights it may have under applicable law to
recover, attorneys’ fees and expenses if it prevails in arbitration.
● Fees
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However,
if your claim for damages does not exceed $75,000, you agree to pay all such fees including but not limited to if the arbitrator
finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for
an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
● Changes
Notwithstanding the provisions of the “Modification” section above, if SubZuu LLC changes this “Dispute Resolution” section
after the date you last accepted these Terms (or accepted any subsequent changes to these
Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such
change became effective, as indicated in the “Last Updated” date above or in the date of SubZuu LLC’s email to you notifying you
of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and SubZuu LLC in
accordance with the provisions of this “Dispute Resolution” section as of the date you last accepted these Terms (or accepted
any subsequent changes to these Terms).
GENERAL
The failure of SubZuu LLC to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or
provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of
SubZuu LLC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be
without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction
finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other
provisions of these Terms will remain in full force and effect.
THIRD PARTY BENEFICIARY
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
CONTACTING SubZuu LLC
If you have any questions about these Terms or any App Store Sourced Application, please contact SubZuu LLC via the below contact
details:
E-Mail: product@SubZuutv.com
Postal: 6801 Jefferson ST NE, STE150, Albuquerque NM 87109