Terms of Services
Last edit: 17 June 2016
We’re very excited you’ve decided to use our products and services, all of which we simply call the “Services”. We’re dedicated to provide adult performers with powerful tools to independently manage and grow their activity, and we’ve drafted these Terms of Service (which we refer to as the “Terms”) so that you’ll know the rules which govern our business relationship with you.
Although we have tried our best to keep the Terms as simple and transparent as possible, there are places where we could not proceed without the typical legalese of contracts. There are good reasons for that:
- These Terms do indeed form a legally binding contract between you (“you”) and Brisk Partners (referred as “BP”, “us”);
- We are working in a very sensitive industry and have to protect ourselves in case of unlawful behavior from our users.
So please read the Terms carefully, and should you have any difficulties understanding any part of it, or any other issues or concerns, please feel free to contact us. (Please keep in mind, however, any explanation we provide cannot be considered legal advice.)
1. Who Can Use the Services
No one under eighteen (18) years old is allowed to create an account or use the Services. In places where the age of majority is not eighteen (18) years old, then you must be over the age of twenty-one (21) years in order to create an account or use the Services.
By using the Services, you state that:
- You are eighteen (18) years of age or older
- You can form a binding contract with Brisk Partners
- You will comply with these Terms and all applicable local, state, national and international laws, rules and regulations
- You fully understand the contents of this contract and you are legally able to execute this contract.
If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and agree to these Terms on behalf of the business or entity.
2. Nature of The Business Relationship
For the purpose of these Terms, you are understood to be solely an independent contractor, and in no way should you be considered an employee or partner of BP.
You acknowledge and agree that nothing in these Terms shall be construed as creating any agency, employment relationship, joint or collaborative venture or partnership of any kind between you and us, our employees, agents or assignees.
You acknowledge and agree that you shall be solely responsible for any legal liabilities or consequences resulting from your decisions and acts relating to any content provided to us pursuant to these Terms.
You are responsible for the payment of all government, state, and local taxes, levies or any other similar fees.
3. Your Content
Many of our Services let you create, modify, upload, post, send, distribute, receive, store, host, and sell content. When you do that, you retain whatever ownership rights in that content you had to begin with.
But you grant us a worldwide, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, create derivative works from, publicly perform, broadcast, distribute, transmit, communicate, syndicate, promote, exhibit, and publicly display that content in any form and in any and all media, digital supports or distribution methods (now known or later developed). We will use this license for the limited purpose of operating, developing, providing, promoting, and improving the Services; researching and developing new ones; and making content submitted through the Services available to our business partners for syndication, broadcast, distribution, or publication outside the Services.
You also grant us and our business partners the unrestricted, worldwide right and license to use your stage name, image, voice, likeness, persona and anything else associated with your interaction with BP in any and all media and distribution channels (now known or later developed).
The license granted by you terminates within one month after you remove or delete your content from our Services, or one month after termination of these Terms by either party. You agree that if you remove or delete a submitted content, the content will no longer appear on our Services for further access, but may remain accessible in the account of the customers who have purchased this content in the first place.
We may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You nonetheless remain responsible for the content you create, post, store, send, distribute and sell through the Services.
We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.
4. The Content Creators & Performers
Prior to submitting any content, you agree, for each and every person in the content, to:
- Submit a valid ID form through our Services and wait for validation and confirmation of the performer via Brisk Partners; and
- Gather the written consent, release and/or permission to use their name or likeness for use in the manner set forth by these Terms.
You also agree and understand that you are solely responsible for the remuneration of any employee, affiliate, associate or performer working with you.
5. Content Delivery
At this point, BP only offers to sell electronic products or services that are delivered through our systems and already uploaded at the time the sales happen. The most common content being sold includes photos, videos, audio files and artwork.
You may communicate through whatever medium you want with the customer in order to discuss the price or any other aspect of the sale, as long as you do not breach these Terms.
Content which you sell through our Services must be complete when a customer purchases it, and the customer must get everything promised. For example, it is not possible to sell content through our Services while saying “I will send the other half later.”
Besides handling the delivery (download by the customer), we may also provide you with tools and features to ease the distribution and enable different behaviors from the system.
6. Your Account
You are responsible for any activity that occurs in your account. So it’s important that you keep your account secure, for example by choosing a strong password that you do not use for any other account.
By using the Services, you agree that:
- You will not create more than one account for yourself;
- You will not create another account if we have already disabled your account, unless you have our written permission to do so; and
- You will not, under any circumstances, allow anyone else to access your account, nor share any login information, passwords, data or account information with anyone else.
If you think that someone has gained access to your account, please immediately reach out to our support at email@example.com.
7. Your Earnings
As full compensation for the licensed rights and other rights you grant to us under these Terms, BP agrees to pay you as follows until the termination of these Terms:
- 85% of the duty free price set by you for all contents and services sold to Internet visitors on the site.
It is important to note that IndieBill charges an additional $0.95 processing fee per transaction to customers in order to cover the processing fees of the payment as well as other associated costs such as fraud and chargebacks. For example, if you put a video on sale for $100, the customer would pay $100.95 to purchase it and you would earn $85 for the sale.
If you sell digital goods to buyers outside of the United States you may be required to charge VAT (Value Added Tax) on the sales you make. With respect to sales of applicable Digital Goods made to European consumers, IndieBill will collect, report, and remit Value Added Tax in accordance with the applicable European Union Commission VAT regulations. These taxes currently range from 15% to 27% added on-top of your chosen price; your commissions are calculated before the addition of these taxes.
The details of your earnings and your transaction history is available in real-time (there might be some delay sometimes) when you log in.
In case of fraud, technical error and/or customer refunds, we may adjust or deduct the amount of money we owe you at any time, without advance notice, to reflect the money which we have actually received and serves as a base for calculating your earnings.
We are on your side though, and commercially we act in the following ways:
- We protect you from the costs incurred by chargebacks, except if we reasonably think you are participating in a scheme to defraud us
- We investigate before proceeding to any customer refund, and in case we do refund we will only adjust your earnings if we believe that you have not delivered the service discussed with the customer
Every month is divided into two pay periods: the first pay period is from the 1st to the 15th day of the month included, and the second pay period is from the 16th to the last day of the month included. We make our best effort to pay you within 7 days of the end of each pay period and no later than within 28 days of the end of each pay period, if the balance exceeds the minimum required for the payment method chosen. If the balance does not exceed the minimum then the balance will carry forward to the next pay period until it exceeds the minimum. All details about payout methods, including minimums and costs, are provided on www.getindiebill.com/payout.
As we improve our Services and develop new ones, the above remuneration policy is subject to changes.
8. Content Pricing
You are free to choose the prices at which you sell your content, and you may, at your discretion, sell the same content at different prices. However, since IndieBill pays out 85% and protects sellers from chargebacks, we do have a couple of rules to avoid losing money on transactions:
- The minimum price per content is currently $3; prices cannot be set lower.
- The maximum price per content is currently $300; prices cannot be set higher.
- The minimum price per gigabyte is currently $3; so, for example, a video of 2GB cannot be sold for less than $6.
If those limitations represent an issue for your business, please contact us and we may change them on a per account basis.
9. Your License
We grant you a personal, worldwide, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms allow. This license is provided for the whole duration of these Terms.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you extract or attempt to extract the source code.
Please note that these Terms do not grant you any right to use our branding, trademarks, logos, designs, photographs, videos, or any other materials used in our Services. Nor may you download, distribute, syndicate, broadcast, perform, or display any portion of the Services except as set forth in these Terms.
10. Fair Usage
You shall not misrepresent any of the services we provide, nor make any false or misleading statement to anyone about the services we offer pursuant to these Terms.
You have to provide the services which you sold to other users, and you are fully responsible for it. Those services are deemed lawful and not harmful to you or any other performers. If a service is not provided, we will refund the paying user and deduct it from your earnings.
You and your associates, employees, employers, and affiliates shall act, in good faith, in the best interest of Brisk Partners and its employees, partners, service providers, customers, and affiliates.
You shall not violate any third-party rights, trademarks, or copyrights, in any way, in the content you submit to us or in any other interaction with us.
Until the termination of these Terms and for a period of three (3) years after, you agree that neither you nor anyone under your control or authority shall circumvent or attempt to circumvent BP's to form or attempt to form any business relationship with any of BP employees, affiliates, sublicensees, or customers, that harms, injures or diminishes BP and/or the benefits that BP may reasonably expect to enjoy pursuant to the rights granted to BP in these Terms.
You may disclose any and all information related to or arising from your personal usage of the Services provided that you comply with these Terms.
Actually, we encourage you to disclose information, advice and tutorials which may be of any help to the community, whether it is by making videos, blogging, posting on forums or any other means of your choice. You can discuss anything pertaining to your own business usage. And you can indeed say it if you think something we’ve done sucks - but please drop us a line as well so we can fix it!
However, although this is the Internet and we love it free and open just like you do, we would also like to remind you of a common sense rule about what you may not disclose: the private information of others (including us).
In particular, but not limited to, you may not, during the term of these Terms and for a period of five (5) years after its termination:
- disclose to any third-party personal information about any BP employees, customers, other models, affiliates or partners;
- disclose to any third-party private business information about another model, including, but not limited to, model’s revenues or special deals with BP;
- disclose to any third-party private business information about BP, including, but not limited to, our revenues, costs, margins, and the number of models, affiliates, or partners working with us.
In some cases specified by law, respecting confidentiality is not possible or unnecessary and hence you are not bound by the above obligations. We’ve listed these scenarios for you:
- the third party has agreed in writing to the disclosure of this information by you;
- the confidential information has become public information, without being the result of you breaching your confidential obligations or these Terms;
- you knew the confidential information before accepting these Terms; and
- you are legally bound or required to disclose the confidential information by law, a legal injunction or a court order.
We try very hard to keep our Services a safe place for all users, and keep any under-age person far from them. But we can’t guarantee it. That’s why we need your help to ensure best efforts are employed. By using the Services, you agree that:
- You will not use the Services for any purpose that is illegal or prohibited in these Terms;
- You will not make the Services known to any under-age person;
- You will not use any robot, spider, crawler, scraper, or other automated means to interface with or access the Services or extract other users' information;
- You will not use or develop any third-party application that interacts with other users’ content or the Services without our written consent;
- You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
- You will not submit content that is indicated as forbidden in these terms, nor graphic violence, threats, hate speech, or incitements to violence;
- You will not upload viruses or other malicious code or otherwise compromise the security of the Services;
- You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
- You will not probe, scan, or test the vulnerability of our Services or any system or network; and
- You will not encourage or promote any activity that violates these Terms.
13. Forbidden Content
Any content you submit must be lawful in the place in which you reside and the laws of France. French laws accept any content as long as it features consenting adults and respects human dignity, which is a somewhat vague definition.
What we can tell you for sure is that the following content is indeed prohibited:
- Any presentation or representation of minors engaged in intimate physical conduct or sexual situations, including but not limited to lewd nude depictions, masturbation or sexual conduct, actual or depicted;
- Any portrayal of any performer that suggests or implies that the performer is under the age of eighteen (18) years old;
- Content that involves, either actual or simulated, bestiality, extreme violence, incest, urination/defecation (golden/brown showers or enemas), non-consensual sex, drugs & alcohol (or someone under the effect of such substances), rape, mutilation, necrophilia, or animal abuse.
Please note that we do accept content with urination as long as no one is drinking it or urinating on someone else.
We encourage you to be creative in what and how you sell, and you can find further information regarding prohibited content in the Community Guidelines. But should you have any doubt in regards to content, please contact us prior to submission. Better safe than sorry.
15. Third-Party Services
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Brisk Partners is not responsible or liable for those third party’s terms or actions taken under the third party’s terms.
We are devoted to conduct lawful, and only lawful, business but we can only do so if you guarantee us the following. Hence, as a material inducement for Brisk Partners to enter into these Terms you represent and warrant that:
- You own all rights and interest in the content you submit to our Services sufficient to lawfully and fully convey and grant to BP all the rights set forth herein, and that all use of the submitted content consistent with the rights granted to BP in these Terms shall not infringe, violate or misappropriate any person’s or entity’s rights of any kind, including, without limitation, any contract, copyright, trademark right, right of publicity, right of privacy, any rights in name, likeness, voice or persona, or any right subject to copyright law of the European Union.
- You have, and at all times until the termination of those Terms shall continue to have, the full right of authority to grant all rights to BP in and to the submitted content as set forth in these terms, and to perform all other obligations, warranties and indemnifications set forth in these Terms.
- Each submitted content comprises lawful material and that the performers depicted in each submitted content are adults (over the age of 18 years or over the age of 21 in places where the age of majority is not 18 years) at the time they first participated in the creation of the submitted content in which they are depicted.
- You researched, understand, and will comply with all laws and legal restrictions in effect in the location where you reside, particularly dealing with matters including, but not limited to, obscenity, material harmful to minors, and the creation of sexually-explicit content and associated record-keeping requirements.
- You will provide us valid forms of identification that contain the full name, photo and birth date for each and every performer appearing in content you submit.
- You and your associates, employees, employers, and affiliates shall not, under any circumstances, solicit from any other user of our Services any personal or private information, including, but not limited to, the users' real names, addresses, accounts, billing or payment information, and passwords, nor use the user in any way for unfair personal gain or benefit.
17. Modifying the Services and Termination
We’re continuously improving our Services, creating new ones and attempting to help you conduct a better business. That means we may add or remove features or functionality, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
While our sincere wish is to have a long-term and profitable business relationship, you can terminate these Terms at any time and for any reason by sending us an email to firstname.lastname@example.org.
BP may also terminate these Terms with you at any time, for any reason, with or without cause with a 1 (one) month prior notice. That means we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services.
BP may also terminate these Terms without any prior notice in case you breach any of these Terms. The most common reasons for termination without notice include, but are not limited to, suspicions of illegal activities and repeated infringements to the Community Guidelines.
Regardless of who terminates these Terms, both you and Brisk Partners continue to be bound by Sections 3, 4, 9, 14, 16, 17, 18.
You agree to indemnify, defend, and hold harmless Brisk Partners, our managing members, shareholders, employees, affiliates, licensors, and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorney’s fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your consent; and (c) your breach of these Terms. If you are agreeing to these Terms on behalf of a business or other entity, this indemnity obligation applies to that business or other entity.
We try to keep the Services up and running a hundred percent of the time, free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOU HEREBY AGREE TO ASSUME SOLE RESPONSIBILITY FOR ALL RISKS, CONSEQUENCES AND DAMAGES OF ANY KIND RESULTING FROM YOUR INTERACTION AND ASSOCIATION WITH BRISK PARTNERS; INCLUDING, BUT NOT LIMITED TO, RISKS ASSOCIATED WITH THE PUBLICITY OF APPEARING ON THE SERVICES, SUCH AS THE RISK OF RECORDING, PIRACY, UNAUTHORIZED DISSEMINATION, OR PUBLICITY OF YOUR SUBMITTED CONTENTS, RELATED LICENSED CONTENT, DERIVATIVE WORKS, OR THE PUBLICITY OF YOUR IDENTITY.
IN ADDITION, WHILE BRISK PARTNERS ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY BRISK PARTNERS CONTENT, USER CONTENT, OR INFORMATION OBTAINED ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
20. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRISK PARTNERS AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR POSTS, EVEN IF BRISK PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BRISK PARTNERS’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED 100 EUROS.
BP AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE RESPONSIBLE FOR ANY CONDITION, CIRCUMSTANCES, LOSSES, FAILURES OR DELAYS CAUSED BY EVENTS BEYOND OUR CONTROL SUCH AS (BUT NOT LIMITED TO) FIRES, FLOODS OR STRIKES.
21. Choice of Law and Venue
The laws of France will govern all disputes between you and Brisk Partners. You, and us, both agree to submit all disputes arising from our business relationship to the exclusive jurisdiction of the commercial courts of the city of Paris (France).
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
23. Final Terms
These Terms make up the entire agreement between you and Brisk Partners, and supersede any prior agreements.
These Terms do not create or confer any third-party beneficiary rights.
If we do not enforce a provision in these Terms, it will not be considered a waiver.
We reserve all rights not expressly granted to you.
Nothing herein shall be construed to limit or prevent either party’s abilities to conduct their respective business with respect to matters not subject to these Terms.
You may serve us official notices by sending emails to email@example.com.
We may serve you official notices either by:
- Sending you emails to the verified email address in your account;
- Posting information in “notification” sections within the administrative areas of our Services.
- Preventing your access to the Services until acceptance of the notice.
It is your responsibility to monitor and review the “notification” sections. All notices shall be legally binding upon acceptance.
We very much welcome comments, questions, concerns and suggestions. Please feel free to send us any feedback at firstname.lastname@example.org.