Terms Of Service

SUMMARY: We provide an interactive, exclusive-content platform to enable Creators and Fans to engage together. To access certain features on KreatorKlub, you may register and create an Account as a Creator or access Content as a Fan.

1.1 KreatorKlub.

What We Do: KreatorKlub is an exclusive-content platform that empowers Creators to make money while doing what they love. We are the home of Fans who interact daily with their favorite Creators and foster a safe and brand-friendly environment to engage together.

How We Manage KreatorKlub: While we may monitor some pages to enforce this Agreement, we are not responsible for information provided by you or other users of KreatorKlub. We do not endorse any product or service, serve as an agent or representative, function as a publisher, or moderate content—except as required by applicable law. You acknowledge that we are not liable for any Content you post or for the manner in which you use your social media accounts.

1.2 Your Use or Access of KreatorKlub.

Who is a Creator? A "Creator" is an individual who creates a KreatorKlub Account (as defined in Section 2 below) to engage with Fans through KreatorKlub (including memberships and messaging), upload Content (as defined below) on KreatorKlub to showcase your creativity, promote certain merchandise to Fans, and generate revenue by setting fees payable by Fans who wish to view certain exclusive Content by a Creator, among others.

Who is a Fan? A "Fan" is an individual who follows or subscribes to a Creator's Content, makes a purchase, or otherwise interacts with Creator(s) through KreatorKlub. Through a purchase, a Fan may receive additional benefits including Direct Messaging (as defined in Creator Terms) or other interactions with Creators through certain functions and features made available exclusively to Fans who choose to register an Account with KreatorKlub.

What type of Content do you see? "Content" means any creative expression, data, or other materials made available to a User, including any photos, videos, audio (for example, music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, replies, "likes," comments, Direct Messaging, and any other material whatsoever, whether it is uploaded by a User or displayed by KreatorKlub.

1.3 Customer Support.

For questions concerning your Account, payments, our services, or these Terms of Service, as well as general customer support, please contact us at support@kreatorklub.com.

SUMMARY: Your Account gives you the ability to access KreatorKlub and additional functionalities that we may establish and maintain from time to time and in our sole discretion.

Registration: You may be required to sign up for an account with KreatorKlub to either interact with your Fans or otherwise engage in dynamic interactions with the Creators that you actively follow ("Account"), select a password and username ("User ID"), and provide us with certain information or data, such as your contact information.

User ID: Your User ID is important for building a curated fanbase and promoting your brand. Therefore, your User ID must be appropriate for all audiences. You shall not register a User ID using a name that you do not have the right to use (such as a celebrity name, a trade name, brand name, etc.), another person's name with the intent to impersonate that person, or otherwise using a name that is offensive or obscene. You shall not (i) transfer your Account to anyone else without our prior written permission; or (ii) share your login information with other individuals as prohibited under this Agreement.

Third Party Account: Additionally, you may be able to access certain parts or features of KreatorKlub by using your Account credentials from other services (each, a "Third Party Account"), such as those offered by Google, Facebook, or X etc. By using the services through a Third Party Account, you give us permission to access certain information from such Third Party Account for use by us, and in some cases, store your log-in credentials for that Third Party Account. You are ultimately in control of how much information that you make available or publish on your social media account(s) and/or KreatorKlub. At any time, you can revoke our access to these Third Party Accounts by adjusting your privacy or security settings on your Third Party Accounts.

Terms for Creators and Fans. We want you to be in the know about additional terms involving interactions among Users, payment, tax, compliance with laws, among others.

• Creator: If you sign up as a Creator or on behalf of a Creator, additional terms and conditions may apply. For more details, please review the Creator Terms.
• Fan: As a Fan, you may access certain Content or services, such as Locked Content, Direct Messaging to Creators, and other features, made available exclusively to certain Users. For more details, please review the Fan Terms.

SUMMARY: For a variety of reasons, we need to set some house rules on what products, know-how, and materials that you can promote and share, and how you interact with each other through KreatorKlub.

3.1 Prohibited Conduct.

You agree that you will not (and will not permit any third party to), under any circumstances (except to the extent expressly authorized by this Agreement) use KreatorKlub for any purpose that breaches applicable laws, or is prohibited by other policies that we may publish on KreatorKlub, including:

SUMMARY: We strive to deliver a great experience to improve your experience as a User of the KreatorKlub community. Therefore, we respect each other's intellectual property rights.

Content that you generate, upload, submit, or otherwise provide to KreatorKlub in its original form and in any media is known as "User Content." All content that is not User Content is known as "KreatorKlub Content."

4.1 User License to KreatorKlub.

You are responsible for and own your Content, but you grant us the following license to use your Content:

4.1.1 Right to Use User Content.

You grant us a worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to:

• (i) Use, copy, host, modify, process, adapt, prepare derivative works of, distribute, store, perform, translate, and display your Content and any name, username, messages, voice, or likeness provided in connection with your Content in all media formats and channels now known or later developed anywhere in the world;
• (ii) Use User Content for any business purpose in connection with operating, providing, and improving KreatorKlub or any other KreatorKlub product or service;
• (iii) Use User Content in accordance with our Privacy Policy;
• (iv) Use User Content as authorized or instructed by you;
• (v) Use User Content for legal, safety, or security purposes;
• (vi) Use User Content as permitted or required by applicable laws.

This license remains in effect even if you stop using KreatorKlub. You acknowledge that once your Content is posted on KreatorKlub, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your Account at any time, but you acknowledge that deleting your Account will not by itself prevent the circulation of any of your Content which may have been recorded by other Users in breach of this Agreement or by third parties prior to the deletion of your Account. You understand and agree that all Content added to your "Creator" Account shall comply with Section 3 (Acceptable Conduct) and other terms of this Agreement, is subject to our prior review and approval, and cannot be deleted or materially modified without our prior written consent (which may be withheld or granted at our sole discretion).

4.1.2 Users' Responsibilities.

You are solely responsible for your Content. We take no responsibility for and do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content. Although we have no obligation to screen, edit, or monitor your Content, we may, at our sole discretion, delete or remove your Content at any time and for any reason, including for violating terms of this Agreement, our Privacy Policy, and additional KreatorKlub policies that may be made available to you from time to time via KreatorKlub, or because such Content is likely to create liability for us.

4.2 KreatorKlub License to Users.

KreatorKlub Content is protected by copyright, trademark, patent, and other applicable laws. KreatorKlub and KreatorKlub Content are copyrighted as a collective work under United States copyright laws and are protected by other laws. Trademarks, logos, and service marks displayed on KreatorKlub are registered and/or unregistered trademarks owned or licensed by us, our licensors or content providers, or other third parties. You acknowledge that we are the exclusive owner of KreatorKlub, our logos, marks, copyrighted materials, inventions, know-how, potentially patentable business methods, phrases, trade names, HTML code and/or other computer code and/or scripts, which constitute KreatorKlub Content. We also claim ownership rights under the copyright and trademark laws with regard to the "look," "feel," "appearance," and "graphic function" of KreatorKlub, including but not limited to its color combinations, sounds, layouts, and designs. Any unauthorized use of the foregoing and violation of Section 3.1 (Prohibited Conduct) is strictly prohibited and may be prosecuted to the fullest extent of the law.

Provided that you comply with all your obligations under this Agreement, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable license to view, access, and use KreatorKlub and any KreatorKlub Content to the extent permitted by this Agreement and other applicable laws and policies. Nothing in this Agreement is intended to, or may be construed as, conferring by implication, estoppel, or otherwise, any license or other grant of right to use any patent, copyright, trademark, service mark, or other intellectual property of ours or any third party, except as expressly provided in this Agreement. You agree not to remove, obscure, or modify any trademark legend or copyright notice, author attribution, or other notice placed on or contained within any of KreatorKlub Content. All rights not otherwise expressly granted by this Agreement are reserved by us.

If you believe any User Content or KreatorKlub Content infringes copyright or trademark under U.S. or other national laws, please notify us immediately in writing to the contact information immediately following this paragraph that meets the requirements set forth in the U.S. Digital Millennium Copyright Act of 1998 ("DMCA"):

KreatorKlub Ltd
Attn: DMCA Notice
support@kreatorklub.com

4.3 Feedback.

We are free to use your Feedback without any restriction of any kind as long as we do not attribute you as the source.

We appreciate any ideas, suggestions, documents, and/or proposals that you want to share with us through "Contact us," or other similar pages on KreatorKlub, or through our social media pages (collectively, "Feedback"). By submitting your Feedback, you agree that it is provided on a non-confidential basis (unless otherwise agreed to or required by laws). Therefore, you hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation, maintenance, and improvement of KreatorKlub.

4.4 Referrals.

We hope that you like KreatorKlub and tell your friends and communities about us.

If you enjoy KreatorKlub, we encourage you to share your experience with us and your friends and communities ("Referral"). If you choose to use the features in KreatorKlub to let a friend know about KreatorKlub, we need you to provide your contact's email address, social media profile, or other contact information so that we may reach out and tell such individual about us. We may store this information for a limited period of time, but we will not display it publicly.

You represent and warrant that you have all rights necessary, including any required consent, to submit the Feedback or provide your contact's information to us in order to make the Referral.

SUMMARY: Your information is important to you and us. Let's work together to keep it confidential, safe, and secure.

5.1 Privacy.

The KreatorKlub Privacy Policy describes how we collect and use Personal Data about you through KreatorKlub and is incorporated into this Agreement by this reference. We, and our third-party service providers, may use your Personal Data to provide services to you, and on an aggregated or anonymized basis for other purposes, including to improve KreatorKlub and KreatorKlub Content during or after the term. If you interact directly with a User at another platform outside of KreatorKlub, such interaction will be subject to their privacy policy in connection with such interactions.

5.2 SMS, Text Messages, or Other Communications.

In connection with your registration to chat or otherwise interact with other Users, you may sign up for receiving calls or text messages (SMS and MMS) from us or authorized third parties through registration, texting a designated shortcode, or scanning any QR code made available to you through KreatorKlub. BY SIGNING UP FOR INTERACTIVE MESSAGING, YOU AGREE AND CONSENT TO RECEIVING MESSAGES AT THE TELEPHONE NUMBER YOU PROVIDE DURING REGISTRATION, EVEN IF IT IS ON ANY DO-NOT-CONTACT LIST (INCLUDING ANY CORPORATE, STATE, OR FEDERAL DO-NOT-CONTACT LIST).

You represent and warrant that you are eighteen (18) years of age or older and the primary owner of the telephone number provided. You understand and acknowledge that such calls or text messages may be for telemarketing and advertising purposes relating to your use of or access to KreatorKlub (e.g., promotions, call-to-action from Creators or other Users, sweepstakes information, or special promotions from a KreatorKlub User) or operational purposes (e.g., registration, purchase, or delivery confirmations). You understand and acknowledge that such messages may be sent by us or our third-party service providers using an automatic telephone dialing system or other automated means (e.g., automated text and/or artificial and/or pre-recorded messaging), and that message and data rates may apply. Consent is not required to access or browse KreatorKlub, unless you choose to interact with other Users (including without limitation the "chat with me" function and staying up-to-date with other User's call-to-action or other announcements via KreatorKlub). Message and data rates may apply. MESSAGE FREQUENCY VARIES AND MAY BE SENT AT ANY TIME OF DAY, INCLUDING ON WEEKENDS OR HOLIDAYS. Unsubscribe at any time by replying stop or clicking the unsubscribe link (where available). Text help for help.

5.3 Security.

While there is no such thing as 100% security, we endeavor to take reasonable steps to help ensure the safety of your Personal Data. However, the safety and security of your Personal Data also depend upon you. You agree to:

• (i) have in effect and maintain appropriate administrative, physical, and technical safeguards designed to prevent any unauthorized access, destruction, loss, disclosure, or compromise of Personal Data; and
• (ii) comply with applicable laws and regulations, including data security and privacy laws, rules, and regulations.

You must treat your username, password, or any other piece of information utilized as part of our security procedures as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you. You agree not to provide any other person with access to KreatorKlub or portions of it using your username, password, or other security information and further agree to not solicit, store, collect, or use KreatorKlub login credentials of other Users.

SUMMARY: We need your commitment that you only post Content that you have permission to share with the KreatorKlub community. Further, while we strive to deliver a great experience for all Users, there are things we have no control over and therefore cannot be responsible for.

6.1 Representations and Warranties by Creator.

Creator represents and warrants that:

• (i) it is of legal and consenting age to enter into these Terms or has the permission of a lawful parent or guardian to enter into these Terms;
• (ii) it will perform its obligations hereunder in accordance with all applicable laws, rules, and regulations;
• (iii) other than elements provided by us, the Content shall be Creator's own original work, created solely by Creator, and will not defame any third party or violate or infringe upon any third-party rights, including, without limitation, intellectual property rights and rights of publicity and privacy, and any obligations of confidentiality;
• (iv) there will be no restraint or limitation upon our right to use the Content and the Content therein (including Creator's Likeness) in accordance with these Terms;
• (v) Creator will not use any third-party Content or proprietary materials (including logos, names, images, etc.) in the Content without first obtaining all necessary rights and licenses for use, including our express written consent (as necessary);
• (vi) Creator will not disparage or denigrate us, our products or services, or its association with KreatorKlub; and
• (vii) other than elements provided by us, the Content shall comply with any brand guidelines, or usage restrictions provided by us.

6.2 Disclaimers

6.2.1 General.

KreatorKlub is provided for entertainment, educational, and promotional purposes only. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KREATORKLUB IS PROVIDED "AS IS" AND "AS AVAILABLE," AND AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SUMMARY: We need to manage our risks. If you suffer any losses as a result of your use of KreatorKlub, our payment to you is limited to the amount that we have earned during the last 12 months of your use of KreatorKlub.

7.1 DISCLAIMER OF CERTAIN DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE, OUR AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, PARTNERS AND LICENSORS ("KreatorKlub PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY CONTENT OR USE OF KREATORKLUB, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, INCOME OR PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, INCREASED COSTS, DIMINUTION IN VALUE, LOSS OF GOODWILL OR REPUTATION, BREACH OF DATA OR SYSTEM SECURITY, PERSONAL OR BODILY INJURY, OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (1) THE USE OR INABILITY TO USE KREATORKLUB OR CONTENT; (2) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES; (3) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, MESSAGES, AND/OR PERSONAL DATA, OR (4) ANY OTHER MATTER RELATED TO THIS AGREEMENT OR KREATORKLUB, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2 CAP ON LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE KREATORKLUB PARTIES' LIABILITY TO A USER IN THE AGGREGATE SHALL BE LIMITED TO THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100 USD) OR THE AMOUNT WE HAVE EARNED FROM SUCH USER THROUGH ITS USE OF KREATORKLUB IN THE TWELVE MONTHS LEADING UP TO THE DATE THE CLAIM AROSE.

7.3 Release.

You agree to release the KreatorKlub Parties from any and all liability and obligations whatsoever in connection with or arising from your use of KreatorKlub. If at any time you are not satisfied with KreatorKlub or object to any Content or other material within or on KreatorKlub, your sole and exclusive remedy is to immediately stop using and otherwise accessing KreatorKlub.

7.4 Limitation period.

Any claim related to THIS AGREEMENT or KREATORKLUB may not be brought unless made within the one-year period beginning on the date when the claim first could be filed. If it is not filed within such time, then that claim is permanently barred.

7.5 EXCEPTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR LIMITATIONS OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SUMMARY: If we get sued because of your use of KreatorKlub, your Content, or your conduct in interacting with other Users, you are responsible to pay for it.

8.1 Indemnity from Creators.

Creator will defend, indemnify and hold harmless the KreatorKlub Parties from and against any and all costs, liabilities, demands, claims, suits, actions, damages, losses, judgments and expenses, including without limitation, attorneys' fees (collectively, "Damages") arising out of or related to:

• (a) any breach or alleged breach of Creator's obligations, warranties, representations, or responsibilities under these Terms of Service;
• (b) Creator's Content or its use of KreatorKlub;
• (c) Creator's development, production, distribution, operation, or exploitation of the Content, including but not limited to, Creator's failure to comply with applicable consent or disclosure requirements under applicable laws, such as the FTC Endorsement Guidelines;
• (d) Creator's negligence, gross negligence, willful misconduct, or fraud; or
• (e) any unauthorized use, disclosure, or infringement of any person's or entity's privacy, intellectual property, or proprietary rights.

We may, at our election, assume the defense, settlement or other resolution of such claim with counsel of our own choosing, at Creator's cost and expense. This defense and indemnification obligation will survive the Creator's use of KreatorKlub and any termination of the Privacy Policy or this Agreement.

8.2 Indemnity From other Users.

You agree to indemnify and hold the KreatorKlub Parties harmless from and against any and all Damages arising from or in connection with:

• (i) the use or inability to use KreatorKlub or any Content;
• (ii) your breach or violation of the Agreement or any other guidelines or agreements referenced in the Agreement;
• (iii) any information or Content you provide to KreatorKlub (including any information you provide to us as part of a contact form, Feedback, or User Content) or in connection with your use of KreatorKlub;
• (iv) your violation of any rights of any third party, including privacy and intellectual property rights;
• (v) your negligence, gross negligence, willful misconduct, or fraud; or
• (vi) your participation in any community events sponsored by us, including your use of any equipment or facilities.

This defense and indemnification obligation will survive your use of KreatorKlub and any termination of the Privacy Policy or this Agreement.

8.3 Release by California Residents.

If you are a California resident or could otherwise claim the protections of California laws, you further expressly waive the provisions of section 1542 of the California Civil Code, which reads as follows: "A general release does not extend to the claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release which, if known by him or her, must have materially affected his or her settlement with the debtor." You acknowledge that you have read and understand section 1542 of the California Civil Code, and you hereby expressly waive and relinquish all rights and benefits under that section and any laws of any jurisdiction of similar effect with respect to your release of any claims you may have against us or KreatorKlub.

SUMMARY: If you have any concerns, we encourage you to bring them up to us. Any disputes you have with KreatorKlub will be resolved through binding arbitration in your individual capacity in New York, under the New York laws.

9.1 Governing Law.

The laws of the State of New York will govern this Agreement, without giving effect to any principles of conflicts of laws. To the extent the Parties are permitted under this Agreement to initiate litigation in a court, you agree that any action arising out of this Agreement or your use of KreatorKlub shall be brought in state or federal court in New York County, New York, USA, and you consent to the jurisdiction of such courts.

9.2 Mandatory Pre-Arbitration Notice.

For any dispute you have with any KreatorKlub Parties, you agree to first contact us and make a good faith attempt to resolve the dispute with us informally. Therefore, if you intend to initiate arbitration, you must first send us a written Notice of Dispute ("Notice"). A Notice from you to us must be emailed to support@kreatorklub.com (the "Notice Address"). Any Notice must include:

• (i) the claimant's name, address, and email address;
• (ii) a description of the nature and basis of the claim or dispute;
• (iii) if you are submitting the Notice, any relevant facts regarding your use of the services, including whether you have created an Account;
• (iv) a description of the nature and basis of the specific relief sought, including the damages sought, if any; and
• (v) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice.

The Notice must be individualized, meaning it can concern only your dispute and no other person's dispute. After receipt of a completed Notice, the Parties shall engage in a good faith effort to resolve the dispute for a period of 60 days. If the Parties cannot reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received, a Party may commence an arbitration proceeding. Compliance with this "Mandatory Pre-Arbitration Notice" section is a condition precedent to initiating arbitration.

9.3 Arbitration Process.

Unless resolved by mutual efforts of both Parties, any disputes or claims that may arise out of or in connection with this Agreement and for which either Party shall seek equitable relief, all differences, disputes or claims arising in connection with this Agreement or any transaction or occurrence contemplated hereby shall be finally settled under the Commercial Rules of the American Arbitration Association ("AAA") in New York County, New York by one or more arbitrators appointed in accordance with such rules, except that no punitive damages may be awarded. The Parties together understand and agree that the decision in such arbitration shall be final and binding on both Parties, that the prevailing Party shall be entitled to recover its costs and reasonable attorney's fees, and that a judgment upon any award rendered may be entered in any court having jurisdiction. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Either Party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction. The Parties waive, to the fullest extent permitted by law, any objection that it may now or later have to (i) the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in a court or arbitration setting within or outside the United States of America and (ii) any claim that any action or proceeding brought in any such court or arbitration has been brought in an inconvenient forum.

9.4 CLASS ACTION AND JURY TRIAL WAIVER.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, BY ENTERING INTO THIS AGREEMENT, EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY IN ARBITRATION, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. THIS MEANS THAT YOU MAY NOT PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING BROUGHT BY ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, YOU MAY PARTICIPATE IN A CLASS-WIDE SETTLEMENT.

You may opt out of binding arbitration and this class action and jury trial waiver by notifying us in writing within 30 days of signing this Agreement unless a longer period is required by laws. Your written notification must be mailed, emailed, or delivered to us at the address or email address listed in Section 13.11 (Contact Us) within 30 days after you have signed or accepted this Agreement and must include your name, your address, and a clear statement that you do not wish to resolve disputes through arbitration.

SUMMARY: We do not have control over websites or content provided by a third party.

As an accommodation to you and our other visitors, KreatorKlub may contain links to third-party sites, advertisers, websites, special offers or other events or activities (collectively, "Third-Party Sites") that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Sites, nor do we endorse such Third-Party Sites. If you access a Third-Party Site in the course of using KreatorKlub, you do so at your own risk, and you understand that this Agreement and our Privacy Policy do not apply to your use of such Third-Party Sites. You expressly relieve the KreatorKlub Parties from any and all liability arising from your use of any Third-Party Sites or third-party-owned content. We do not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements of third parties displayed on or transmitted via KreatorKlub ("Third-Party Content"). Any Third-Party Content placed on KreatorKlub is the view and responsibility of those who post those comments, opinions, or statements, and does not necessarily represent our views.

SUMMARY: Here's what we have to do if we part ways or if we have to modify, suspend, or terminate your access.

11.1 Suspension.

You acknowledge and agree that we may, under certain circumstances, immediately suspend your access to KreatorKlub or any part thereof, including, without limitation, for the following reasons:

• (a) your breach or violation of this Agreement
• (b) our discontinuance or modification of KreatorKlub;
• (c) unexpected technical or security issues or problems;
• (d) extended periods of inactivity; and/or
• (e) your engagement in fraudulent or illegal activities.

You further agree that any such actions may be taken without notice to you, in our sole discretion, and without liability to you or any third party.

11.2 Term and Termination.

This Agreement is effective unless and until terminated by us or you. We may, in our sole discretion, terminate your use of KreatorKlub or any part thereof if you fail to comply with any term or provision of this Agreement. You may terminate this Agreement at any time by discontinuing all use of KreatorKlub. We may also terminate your access to all or part of KreatorKlub, without notice, for any conduct that we, in our sole discretion, believe is disruptive to KreatorKlub (or other Users) or is in violation of any applicable laws or this Agreement. We may not provide you with any notice beforehand when we take any of these actions. We shall in no way be held liable for any consequence which results from any decision to modify or discontinue providing KreatorKlub. To the extent we terminate your access to KreatorKlub due to your breach of this Agreement, a User will receive payment due subject to Section 3.5 (Compliance with Laws). Termination or cancellation of this Agreement shall not affect any right or relief to which either Party may be entitled at law or in equity. Upon termination, you must terminate all use of KreatorKlub and destroy all materials, including any KreatorKlub Content and all copies thereof.

SUMMARY: KreatorKlub is constantly evolving. With the launch of new products and features, we need the flexibility to make changes, update this Agreement, impose limits, and occasionally alter certain aspects of KreatorKlub.

We reserve the right to modify this Agreement at any time, effective upon posting. You can tell when changes have been made to this Agreement by referring to the "Last Updated" legend on top of this page. We will provide you with advance notice of a major change. For example, we may:

• (i) require that you reaccept the updated version of this Agreement;
• (ii) send you an electronic notification advising of the update to this Agreement; or
• (iii) include a notice on KreatorKlub.

We do not ordinarily provide advance notice of a minor change. We encourage you to check this Agreement every time you visit KreatorKlub.

Your continued use of or access to KreatorKlub, and/or utilization of any KreatorKlub Content after this Agreement has been updated (and after advance notice for a major change) indicates your agreement and acceptance of the updated version of this Agreement.

SUMMARY: There's a few more things we need to say before you can use KreatorKlub.

13.1 Consent to Do Business Electronically.

We use and rely upon electronic records and electronic signatures for the execution and delivery of this Agreement and any other agreements, undertakings, notices, disclosures, or other documents, communications or information of any type sent or received in accordance with this Agreement and in performing our obligations and exercising our rights under this Agreement. Neither Party will prevent or inhibit in any way the other Party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other Party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable laws relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.

13.2 Access from Outside of the United States.

KreatorKlub and KreatorKlub Content are hosted in the United States and are governed by the laws of the United States. If you are using KreatorKlub from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located, and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. However, whenever we transfer your information outside of a country or region, such as the European Economic Area, we will make sure that we take steps to comply with applicable legal requirements as necessary. By using KreatorKlub in any way, you hereby consent to the transfer of your data and information to, and the storage and processing of such data and information in, the United States of America.

13.3 Assignment.

You may not assign or otherwise transfer this Agreement or any rights or obligations hereunder without our prior, written consent. Any assignment in violation of this Section is null and void.

13.4 Notice.

We may provide any notice to you under this Agreement by sending a message to the email address you provide, or by posting to KreatorKlub. Notices we provide by posting will be effective upon posting. To give us notice under this Agreement, you must use the "Contact Us" information provided at the end of this Agreement to deliver notice via email or personal delivery, overnight courier, or registered or certified mail. We may update the email address or mailing address for notices to us by posting a notice on KreatorKlub. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

13.5 Entire Agreement/Severability.

This Agreement, together with the Privacy Policy, Content Guidelines, and any referenced policies (which we may amend from time to time), including any amendments and any additional agreement you may enter into with KreatorKlub in connection with KreatorKlub, shall constitute the entire agreement between the Parties concerning KreatorKlub and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between the Parties with respect to such subject matter. If any portion of this Agreement is deemed unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions.

13.6 Force Majeure.

We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, pandemic, epidemic, health crisis declared by government authorities, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, denial of service attack, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, telecommunications, or utilities.

13.7 No Waiver.

No waiver of any term in this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

13.8 Export Controls.

Export laws and regulations of the United States and other applicable jurisdictions may prohibit us from conducting business with certain Creators. Additionally, the United States Department of Treasury Office of Foreign Assets Control ("OFAC") has implemented many economic or financial sanctions programs that could prevent us from sending funds or information to Creators in certain countries. A list of active OFAC sanction programs is available at https://ofac.treasury.gov/sanctions-programs-and-country-information. You represent, warrant, and covenant that you are not:

• (i) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; or
• (ii) on any of the U.S. government lists of restricted end users.

Your use of KreatorKlub constitutes your acknowledgment of OFAC sanctions programs and agreement that you, as a Creator, will either forego using KreatorKlub or obtain (and provide us with proof of) an exemption using the appropriate channels if any OFAC sanctions programs impact your use of KreatorKlub. You represent and warrant that your use of KreatorKlub will not violate any regulations administered and enforced by any OFAC sanctions program, and you shall not permit any Users to access or use KreatorKlub in violation of applicable export control regulations.

13.9 Section Headings.

The section headings appearing in this Agreement have been inserted for the purpose of convenience and ready reference. They do not purport to, and shall not be deemed to, define, limit or extend the scope or intent of the clauses to which they pertain.

13.10 Survival of Certain Provisions.

Those provisions outlined here that normally would survive after you cease using KreatorKlub and KreatorKlub Content and all provisions indicating an ongoing obligation, which include but are not limited to Sections 3 (Acceptable Conduct), 4 (Your Content, Feedback, and Referral), 6 (Warranties and Disclaimers); 7 (Limitation of Liability), 8 (Indemnification), 9 (Governing Laws; Dispute Resolution), 11 (Suspension and Termination), and 13 (Miscellaneous; General Information), shall survive any termination or expiration of this Agreement, but shall not imply or create any continued right to use KreatorKlub after the termination of this Agreement.

13.11 Contact Us.

All feedback, comments, requests for technical support and other communications relating to KreatorKlub should be directed to:

SUMMARY: We use session replay software to record your interactions when you use KreatorKlub and collect certain technical data. The following describes the technical data collected through Session Replay Software and how it may be used. By using KreatorKlub, you are consenting to the collection and use of information using session replay software.

14.1 User Consent to Session Replay Software.

We use PostHog Session Replay ("PostHog") and other similar technologies (together, "Session Replay Software") which may enable KreatorKlub to review, analyze, capture and visually replay the web browsing experience of users. Such technologies may record your clicks, mouse movements, scrolling, form fills (keystrokes) in certain fields, page response times, length of visits to certain pages, pages visited and consent, time on site, web browser, operating system, device type, IP address, and similar metadata ("Usage Data"). Such Session Replay Software does not collect any information on pages where it is not installed, nor does it track or collect information outside your web browser. We leverage Usage Data to assess how you use and interact with KreatorKlub to enhance user experience, analyze performance on traffic on KreatorKlub, and improve and market our products and services. The information collected by Session Replay Software is anonymized and no Personal Data will be captured through these session recordings.

By visiting and/or using KreatorKlub, you hereby consent to the use of PostHog and/or other Session Replay Software, our collection of Usage Data, and the recording of your experience on KreatorKlub being accessed, collected, stored, and otherwise processed by us and our third-party service providers as set forth in our Privacy Policy.