Contents
This Creator Agreement (this “Agreement”) is between RRJ Media Holdings LLC, a California limited liability company (“Company,” “we,” or “us”), and you, the individual or entity registering as a creator (“Creator,” “you,” or “your”).
The Company owns and operates www.vipexperienc.com (the “Platform”), which provides creators with billing, advertising media, storage, hosting, messaging/chat, live-streaming software, and virtual webspace (collectively, the “Services”) so they can post content and interact with members (“Members”). You wish to use the Platform and Services to monetize your content and interact with Members. The parties agree as follows.
1. Applicability
The Platform’s Terms of Service set out the general terms of your use of the Platform. This Agreement governs your use of the Platform and Services to monetize your content and interact with Members. If there is any conflict between this Agreement and the Terms of Service, this Agreement controls with respect to its subject matter.
2. Enrollment and Eligibility
Eligibility. You must be either (a) an individual who is at least 18 years old (or the age of majority where you live, if higher) and has the legal capacity to contract; or (b) an entity duly organized and authorized to contract.
Registration. To register, you must complete the creator registration form and submit a color copy of your valid government-issued photo ID (showing the full legal name, date of birth, and expiration date of the individual or, for an entity, its owner) for age and identity verification. U.S. creators must submit a completed IRS Form W-9; non-U.S. creators must submit a completed Form W-8BEN. You authorize the Company to verify your ID with a third-party verification service.
Your representations. By registering, you represent that: (a) your registration information is accurate; (b) we did not previously suspend or terminate an account of yours for breach; (c) the account is for your own use and you will not sell, rent, or transfer it; and (d) you will not use any third-party payment provider to accept payments for Creator Offerings.
3. Service Fee and Creator Earnings
The Company charges a service fee equal to 15% of all Member Payments (excluding any tax) for use of the Platform and Services (the “Service Fee”), and pays you the remaining 85% (excluding any tax) (your “Creator Earnings”).
From time to time we may offer a higher revenue share during promotions (temporarily reducing the Service Fee), subject to the terms posted on the Platform. The Service Fee covers our costs of providing, supporting, and operating the Platform and Services and storing your content. We deduct the Service Fee from each Member Payment and pay your Creator Earnings as described in Section 12. “Member Payment” means all payments a Member makes to you using Virtual Money (1 $ = US$1), including for access to your content, interaction, custom content, subscriptions, and tips.
4. Company Intellectual Property; Limited License
Ownership. Except for Creator Content, all content and materials on the Platform — text, graphics, logos, images, photos, audio, video, software, and the selection and arrangement of them (the “Materials”) — are the intellectual property of the Company, its licensors, and suppliers, protected by U.S. and international law. You acquire no ownership rights, and may not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit the Materials except as we authorize in writing.
Trademarks. The Company name and logo; the marks EXPERIENCE and THE EXPERIENCE; the Platform logo; and related names, designs, and slogans are our trademarks. You may not use them without our written permission. Other marks belong to their owners.
Limited license. We grant you a non-exclusive, non-transferable, non-sublicensable (except as stated here), revocable, limited license to access and use the Platform, Materials, Services, and related software solely under this Agreement, including to create a profile, upload content, sell offerings, and interact with Members. Any other use is prohibited.
Availability. We may alter, remove, or discontinue any part of the Platform, Services, or Materials at any time without notice and without liability to you.
5. Your Account
Creation & security. You must provide accurate registration information, a valid email, a username, and a unique, compliant password, and must not choose an offensive or infringing username. You are responsible for keeping your credentials confidential and for all activity under your account, including acts of anyone you authorize, and must promptly report any unauthorized use or security breach.
Liability for misuse. We are not liable for losses arising from someone else’s use of your account, and you may be liable for losses we or others incur from such use. You must not use anyone else’s account. We cannot guarantee that our security measures will never be defeated, and you provide personal data at your own risk.
6. Creator Profile, Content, and Offerings
Creator Profile & Offerings. You will create a profile (“Creator Profile”) to display and sell content and services, including videos (including custom videos), photos, livestreams, timelines, stories, messages, chat, subscriptions, and other paid features (collectively, “Creator Offerings”). Any profile picture or avatar must accurately reflect your appearance.
Creator Content. You may create and upload media of your own creation (photos, video, audio, livestreams, text, metadata, images, and similar) (“Creator Content”). You alone control how, when, and where you create and post it, and you supply all equipment and materials at your own expense. We merely provide the means to distribute it. Creator Content must not include third-party intellectual property unless you have a written license, consent, or other legal right. By uploading Creator Content, you consent to being depicted in it, to its public distribution and upload, and (if downloads are enabled) to its download.
7. Co-Authored Content
If your Creator Content depicts anyone besides you (even if not identifiable) (“Co-Authored Content”), you must:
- Obtain and keep written consent from every person depicted, covering being depicted, public distribution and upload, and (if enabled) download;
- Verify the identity and age of every person depicted to confirm they are adults, and provide supporting documents on request;
- Tag the accounts of any identifiable persons, and not upload content depicting anyone who is not also a verified user unless you have independently verified their identity and age; and
- Obtain any licenses or consents required from joint authors.
We pay Creator Earnings only to the account that uploaded the Co-Authored Content; you are solely responsible for any private revenue-sharing among those depicted, and you are not entitled to earnings on Co-Authored Content posted on another creator’s account. If you fail to provide requested information about persons depicted, we may delete the content, restrict your posting rights, terminate your account, or withhold related earnings. If you are depicted in Co-Authored Content on another account, you may ask us to remove it, and our general practice is to remove it promptly; otherwise we follow the review and neutral-resolution process described in our Terms and Complaint Policy. You release the Company from claims arising from Co-Authored Content and will pursue any such claims against the uploading creator or other persons depicted.
8. Recordkeeping (18 U.S.C. §§ 2257–2257A)
For all Creator Content depicting actual or simulated sexually explicit conduct, you must comply with the federal recordkeeping and labeling requirements at 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75. You must obtain and keep the required records — including legible copies of photo identification for each person appearing in the content as of the production date — and you or a third party must serve as Custodian of Records at the required address. You must make these records available to the Company and any government official, and provide copies to us on request.
9. Interactive Services and Acceptable Use
You may use live streaming, chat, messaging, timelines, and comments (the “Interactive Services”) to interact with Members. We are not required to monitor or referee your relationships with Members except under the Complaint Policy. You are solely responsible for your Creator Profile, Creator Content, Creator Offerings, and use of Interactive Services, which must not:
- Depict, facilitate, promote, or solicit any illegal activity or anything that violates card-network rules or law, including prostitution, escort services, or sex trafficking;
- Contain harmful, threatening, defamatory, obscene, abusive, harassing, violent, hateful, or otherwise objectionable material, or promote violence or discrimination;
- Promote, depict, or discuss minors, child sexual abuse material, age-play, incest, rape or non-consensual sex, hypnosis or intoxication used to vitiate consent, sexual assault, extreme violence, non-consensual pain, blood, cutting, self-harm, suicide, erotic asphyxiation, torture, necrophilia, sadomasochistic abuse, hardcore bondage, extreme fisting, genital mutilation, bestiality, urine/water sports, scat or excrement, enema play, vomiting, menstrual bleeding, or anything obscene under applicable standards or that violates card-network rules;
- Contain unsolicited sexual content, non-consensual sexual objectification, or fabricated/manipulated sexual content depicting a real person without consent, including AI-generated or synthetic media (“deepfakes”);
- Promote, depict, or constitute “revenge porn”;
- Promote or depict firearms or restricted goods, or alcohol, drugs, or drug paraphernalia;
- Infringe any intellectual-property or other right, or violate any person’s privacy or publicity rights or create civil or criminal liability;
- Deceive, impersonate, or misrepresent affiliation;
- Display telephone numbers, addresses, last names, email addresses, URLs, or other confidential or personally identifiable information;
- Send unsolicited advertising, spam, or chain mail; falsely imply Company endorsement; or contain viruses or other harmful code.
10. Content Review, Monitoring, and Enforcement
We review non-live Creator Content before publication and monitor live streams in real time to ensure content is lawful and compliant, and we may remove or terminate non-compliant content. We may also, at any time:
- Remove or block your Creator Profile or any Creator Content for any reason;
- Take any action regarding Creator Content we consider appropriate, including where it may be illegal, infringing, unsafe, in breach of this Agreement or card-network rules, or could create liability for us;
- Disclose your identity or information where required by law or court order, or to someone claiming your content violates their rights;
- Take legal action and refer matters to law enforcement, and report any content that may exploit children to NCMEC’s CyberTipline and other authorities; and
- Suspend or terminate your account or access for any reason, including breach, fraud, or violation of card-network rules or law.
We may suspend access to Creator Content while we investigate suspected non-compliance; you may request review by contacting compliance@vipexperienc.com and must assist our investigation at your own cost. We will notify you of removals or suspensions by email or in-account message, though not necessarily in advance. During an account suspension, we may withhold unpaid Creator Earnings. We cooperate fully with law enforcement and lawful orders, and you release us from claims arising from such cooperation. We do not endorse views expressed in Creator Content and are not liable for performance or non-performance of these monitoring activities.
11. Filtering Tools; Subscriptions and Purchases
Filtering. You may use geo-blocking and Member-blocking tools and are solely responsible for your use of them.
Pricing & payment. You set prices for Creator Offerings, including subscription fees. Members pay using Virtual Money purchased through the Platform’s billing interface, and you must not use any third-party payment provider (e.g., Paxum, PayPal, Venmo, Zelle). Member Payments are exclusive of taxes, which are added as applicable.
Standard Agreement. All transactions with Members are governed by the Standard Agreement between Member and Creator. We facilitate transactions and act as payment intermediary but are not a party to, and are not responsible for, transactions or interactions between you and Members.
Delivery. Once a Member pays for content, custom content, or interaction, you must provide it. You will indemnify us for any loss arising from your failure to do so.
12. Creator Intellectual Property and Licenses
Ownership. We do not claim ownership of Creator Content; you retain your rights, subject to the licenses below.
License to the Company. You grant the Company, its affiliates, and service providers a worldwide, sublicensable, transferable license to broadcast, stream, host, cache, store, copy, modify, distribute, publicly perform and display, reformat, excerpt, analyze, prepare derivative works of, and otherwise use your Creator Content and associated marks solely in connection with the Platform and our business, including to display the content, allow Members to view or download it (where enabled), and promote your profile and the Platform.
License to Members. You grant each Member who accesses your Creator Content a worldwide, non-exclusive license to access and use it only as enabled by Platform features (such as playback or, where enabled, a single download for personal, non-commercial use).
Duration. Your licenses continue for a commercially reasonable period after you remove content, except that a Member’s license for a properly downloaded copy continues so long as the Member is not in breach. We may retain (but not display) server copies of removed content.
Name & likeness; moral rights. You grant us the right to use your name, image, likeness, and biographical/professional information to operate and promote the Platform and your offerings, in any medium now known or later developed, without further consent or compensation, acknowledging your name and likeness may appear alongside adult material. For Co-Authored Content, you must obtain signed releases from each identifiable person. You waive any “moral rights” in your Creator Content to the extent permitted by law.
13. Payouts
Payment. A Company-approved third-party payment provider receives all Member Payments. We deduct the Service Fee, hold your Creator Earnings as your agent, and pay them two weeks after the 15th and the last day of each month, provided you meet the minimum payout threshold. We pay by direct deposit (ACH) where you provide details, otherwise by check, and may add or remove payment methods at our discretion.
Currency & fees. All amounts are in U.S. dollars. Your bank or e-wallet may charge conversion or transfer fees, for which we are not responsible.
Entities. If you use an entity to receive earnings, you must show on request that you are the Person with Majority Control (more than 50% of ownership or voting rights) and comply with all applicable laws.
Chargebacks. If a Member obtains a refund or chargeback, we may deduct from your account the Creator Earnings attributable to that amount.
Unclaimed earnings. If we cannot pay you for 12 months due to inaccurate account information and cannot reach you, the earnings may be forfeited or remitted as unclaimed property where required by law.
14. Withholding, Taxes, and Earnings Disputes
Withholding. We may withhold unpaid Creator Earnings while we investigate a serious or repeated breach, a threatened breach with serious consequences, or suspected fraudulent or unlawful activity. If we conclude such conduct occurred, we may notify you that the earnings are forfeited, and we may set off losses we suffer. We will use reasonable efforts to return Member Payments tied to forfeited earnings.
Taxes. Taxes are solely your responsibility; we recommend professional tax advice. We may withhold amounts required by law, file income reports with tax authorities (including the IRS), and close your account for tax non-compliance. You must notify us at models@vipexperienc.com within five days of any tax non-compliance and provide details on request.
Earnings disputes. You must dispute any earnings calculation in writing within 30 days, or you waive related claims.
15. Independent-Contractor Relationship
The parties are independent contractors, not partners, joint venturers, agents, franchisees, or employer/employee, except that the Company collects and holds Creator Earnings as your agent until payout. You are not eligible for employee benefits, and we are not responsible for withholding or paying your taxes or contributions or for workers’ compensation. Anyone you engage to help create content is your employee or contractor, and you are responsible for them, must obtain required rights and consents from them, and will indemnify us against their claims.
16. Your Statements of Fact
You represent and warrant, now and throughout this Agreement, that: you are at least 18 (or a duly organized entity); you have the power to enter this Agreement and grant the licenses here; you are duly authorized and licensed as needed; you are not subject to U.S. sanctions (OFAC/SDN); your performance will not violate any order or agreement or any person’s privacy, publicity, or intellectual-property rights, or any law (including 18 U.S.C. § 1591 and § 2421A); your Creator Content complies with this Agreement and the Terms of Service, contains no one under 18, and complies with 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75; you hold all rights necessary to grant the licenses here; and you have obtained and keep the required consents and age/identity verification for all persons depicted.
17. Privacy and Non-Disparagement
Privacy. Our handling of your personal information is described in the Privacy Policy. You acknowledge we may retain information you submit, including your government ID, as needed to comply with card-network rules and law (including 18 U.S.C. §§ 2257–2257A) or to respond to legal process, enforce this Agreement, address rights claims, or protect safety.
Non-disparagement. During this Agreement and for two years after, you will not make defamatory or disparaging statements about the Company or its people and businesses. This does not restrict truthful statements in legal proceedings or government investigations.
18. Termination
By either party. Either party may terminate at any time by written notice; you may also terminate by deleting your account, subject to surviving licenses.
By the Company. We may suspend, disable, or terminate your account for any reason, including breach, non-compliant content, infringement, fraud or suspicious activity, conduct that threatens safety or our reputation, or violation of card-network rules or law.
Effect. On termination, your access and all licenses we granted end. Subject to Section 14, we will pay outstanding, undisputed Creator Earnings no later than 45 days after termination, and may set off any indemnification losses. Provisions that should survive (including disclaimers, limitations, and indemnity) survive.
19. Disclaimer of Warranties
We do not guarantee profitability or any level of earnings, and past earnings do not predict future earnings. You assume all risks of appearing online, including recording, piracy, unauthorized dissemination, and publication of your identity.
THE PLATFORM, MATERIALS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, OR FREE OF HARMFUL COMPONENTS.
20. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU FOR ERRORS OR INACCURACIES; PERSONAL INJURY OR PROPERTY DAMAGE; INFRINGING, OFFENSIVE, OR ILLEGAL MATERIALS OR CONDUCT; UNAUTHORIZED ACCESS TO DATA; INTERRUPTIONS OR ATTACKS (INCLUDING DoS/DDoS); MALWARE; INCOMPATIBILITY; TRANSMISSION DELAYS OR FAILURES; OR LOSS ARISING FROM MATERIALS MADE AVAILABLE THROUGH THE PLATFORM.
EXCEPT FOR INDEMNIFICATION OBLIGATIONS, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY. THE COMPANY’S TOTAL LIABILITY WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OWED TO YOU UNDER THIS AGREEMENT AND (B) USD $250, EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
21. California Civil Code § 1542 Waiver (California Residents)
If you live in California, you acknowledge you are familiar with Section 1542 of the California Civil Code, which provides:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
You waive all rights under Section 1542 and any similar law. The disclaimers and limitations in this Agreement apply to the greatest extent permitted by law, and some may not apply to you where prohibited.
22. Indemnification
You will indemnify and hold harmless the Company and its members, managers, officers, employees, agents, subsidiaries, affiliates, licensors, and service providers (the “Indemnified Parties”) from any Loss caused by your use of the Platform, Materials, or Services; your Creator Content; your failure to pay taxes on Creator Earnings; your dispute with any Member or other person; your breach of this Agreement, the Terms of Service, or the Standard Agreement; your infringement or violation of any person’s rights; your violation of law or card-network rules; or your tortious or illegal acts — except to the extent caused by an Indemnified Party’s intentional misconduct. “Loss” includes judgments, settlements, fines, damages, and defense costs (including reasonable attorneys’ fees). We will notify you of claims within a reasonable time, control the defense unless we direct you to assume it, and cooperate in good faith; these rights are non-exclusive.
23. Dispute Resolution
Litigation election. Either party may litigate (a) an action for injunctive relief or (b) a suit to compel compliance with this Section.
Arbitration. Except as provided above, all claims arising out of or relating to the Platform or this Agreement will be resolved by binding online arbitration with Arbitration Resolution Services, Inc. (ARS) (or a comparable provider if ARS is unavailable) under its rules at www.arbresolutions.com. The arbitrator has exclusive authority over arbitrability and may grant any relief available at law or equity, except punitive or excluded damages. Judgment on the award may be entered in any court of competent jurisdiction, and the proceeding is confidential unless disclosure is legally required.
Injunctive relief; venue. You acknowledge that your breach could cause irreparable harm, and we may seek equitable relief without bond. Any court proceeding permitted here will be brought exclusively in the U.S. District Court for the Central District of California or the state courts in Los Angeles County, California, and each party submits to that jurisdiction and waives inconvenient-forum objections.
CLASS-ACTION AND JURY-TRIAL WAIVERS. All disputes will be conducted on an individual basis only; neither party may bring or participate in a class, collective, consolidated, or representative proceeding. Each party waives any right to a jury trial. Any challenge to the class-action waiver may be raised only in a court of competent jurisdiction.
Fees; time limit. The Prevailing Party may recover its reasonable expenses, including attorneys’ fees (with no Prevailing Party where each side prevails in part or the matter is dismissed or settled). Any claim must be brought within one year after it arose, or it is barred, except where a longer period is required by law.
24. General
Entire agreement; amendment. This Agreement and the Terms of Service are the entire agreement on their subject matter. We may amend this Agreement; changes do not apply to existing disputes and take effect 15 days after posting (or as otherwise stated). Your continued use after the effective date is acceptance.
Assignment. This Agreement is personal to you; you may not assign or delegate it without our written consent, and we may assign it freely. Attempts to the contrary are void.
Waiver; severability. No failure to enforce is a waiver; waivers must be written and signed. If any provision is unenforceable, the rest remains in effect.
Notices. Notify us at models@vipexperienc.com (or another address posted on the Platform). We may notify you by email to your account address or by posting on the Platform.
Governing law. California law governs, without regard to conflict-of-laws principles.
Force majeure. We are not responsible for delays or failures caused by events beyond our reasonable control.
Other. Except for the Indemnified Parties (third-party beneficiaries of Section 22), this Agreement confers no third-party rights. It binds the parties’ permitted successors and assigns. Clicking “I agree” is your binding electronic signature. You enter this Agreement voluntarily, having had the opportunity to consult advisors, and waive any rule construing ambiguities against the drafter. You consent to electronic communications, which satisfy any writing requirement, and may withdraw that consent by contacting privacy@vipexperienc.com.