| Version: | 1.0 |
|---|---|
| Effective Date: | October 15, 2025 |
| URL: | /legal/fan-creator |
This Agreement regulates each interaction between a Fan and a Creator. Upon initiating any Creator Interaction, both parties accept becoming legally bound by these terms.
1. Parties
The only parties to this Agreement are the Fan and the Creator participating in the Creator Interaction. The Company and/or its Affiliates are not parties to this Agreement or to any Creator Interaction, except as expressly provided below.
2. Scope
This Agreement is legally binding and applies every time a Creator Interaction is initiated on Seacrets. This Agreement applies to the exclusion of any other terms that the Fan or Creator may propose.
3. Nature of Relationship
The Platform does not sell Content, does not guarantee quality or supervise the Creator's performance. There is no agency, partnership, or employment relationship between the Platform and the parties.
4. Interpretation
In this Agreement, the defined terms have the following meanings:
a. "Company": Hyper Lab LLC.
b. "Content": any material uploaded to Seacrets by any User, including photographs, videos, audio, live broadcasts, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material of any nature.
c. "Creator": a User who has configured their Seacrets account to publish Content for Fans to view.
d. "Creator Earnings": the portion of Fan Payment payable to the Creator in accordance with the Terms of Use.
e. "Creator Interaction":
i. a Subscription;
ii. a pay-per-view payment for access to paid Content; and
iii. any other interaction or payment between a User and a Creator's account or Content, including direct messages.
f. "Creator Interaction License": the non-transferable, non-sublicensable, and non-exclusive rights that each Creator grants with respect to Relevant Content.
g. "Fan": a User who has registered for an account and who can access Creators' Content through a Creator Interaction.
h. "Fan Payment": any payment related to a Creator Interaction.
i. "Seacrets Fee": 20% of all Fan Payments charged to Creators in accordance with the Terms of Service.
j. "Include", "Includes", and "Including": also mean "without limitation".
k. "Indirect Sales Tax": any Tax that is legally applicable to Fan Payments in any relevant jurisdiction.
l. "Seacrets": the website accessible at www.seacrets.online or through any web browser, which is owned and operated by the Company.
m. "Paid Relevant Content": any Content for which the Fan must make a Fan Payment.
n. "Referring User": a User who participates in the Seacrets Referral Program.
o. "Relevant Content": a Creator's applicable Content to which a Creator Interaction refers.
p. "Subscription": a binding agreement by a Fan to obtain access, for a specified period, to all Content that a Creator makes available to Fans, in exchange for authorizing automatic renewal payments. This excludes individually priced content.
q. "Affiliate": any legal entity that the Company, or one of its Affiliates, alone or jointly with other Affiliates of the Company, owns or has voting power or control.
r. "Tax": all forms of taxes and statutory or governmental charges, duties, levies, contributions, fees, withholdings, or obligations, wherever enforceable in any applicable jurisdiction.
s. "Upload": to publish, display, submit, write, enter, or otherwise share photographs, videos, audio, live broadcasts, data, text, metadata, images, interactive features, emojis, GIFs, memes, or any other material of any nature.
t. "User": any user of Seacrets, whether Creator, Fan, or both (also referred to as "you" or "your").
5. Pricing and Payments
Creator Control: Prices and subscription terms are set by the Creator.
Chargebacks: Chargeback abuse constitutes material breach. The Fan acknowledges that access to digital content is for immediate consumption.
6. Content Access License
The Creator grants the Fan a non-exclusive, non-transferable, and revocable license solely for personal viewing. No ownership is transferred. Downloading, screen recording, or redistribution are prohibited.
The license shall be revoked automatically and irrevocably:
a. if the Fan Payment related to the Creator Interaction was unsuccessful, was subject to a chargeback, or was reversed;
b. if the Creator deletes the Relevant Content or their Creator account; when an active Subscription period ends;
c. if the Fan's account is suspended or canceled;
d. if the Fan violates Seacrets' Terms of Service; if the Relevant Content is deleted from the Creator's account or the Creator's account is suspended or canceled; and
e. if the Fan closes their account.
7. Obligations Between Creator and Fan in Creator Interactions
a. The Fan and Creator agree to comply at all times with Seacrets' Terms of Service.
b. The Creator is solely responsible for creating and uploading Relevant Content.
c. The Creator is solely responsible for the creation and uploading of Relevant Content.
d. The Creator represents and warrants that they understand, comprehend, and fully comply with all responsibilities, obligations, and guidelines established by the Company, in accordance with current policies properly integrated and published within the platform.
e. The Creator warrants that they possess all necessary rights to grant a Creator Interaction License.
f. The Creator agrees to provide access to Paid Relevant Content once the Fan has made the Fan Payment.
g. The Fan acknowledges that third parties may assist Creators in operating their accounts and in Creator Interactions.
h. The Fan agrees to make the required Fan Payment to access Paid Relevant Content.
i. The Fan commits not to initiate a chargeback unless they dispute the Creator Interaction in good faith.
j. The Fan assumes all risks arising from accessing Relevant Content, except where the Creator is negligent or otherwise breaches their obligations.
8. Prohibited Uses and Privacy Protection
a. Prohibition of Artificial Intelligence and Synthetic Media. The Fan is strictly prohibited from using Content to:
i. Train or improve artificial intelligence or machine learning models.
ii. Generate deepfakes, voice cloning, or digital manipulation of the Creator's image.
9. Anti-Doxing and Identity Protection
The Fan shall not:
a. Attempt to identify the Creator's real identity or private information.
b. Engage in doxing (publication of private data).
c. Contact the Creator outside of authorized channels.
10. Creator Representations and Warranties
a. General Warranties: The Creator warrants that all Content is original or properly licensed and complies with applicable law.
b. Age Verification and Record Compliance (18 U.S.C. § 2257):
i. Age Representation: The Creator represents that they are over eighteen (18) years old and of legal age in both their country of residence and the country where the content is generated.
ii. Required Documentation: They will maintain complete records of all participants.
iii. Content with Third Parties: They warrant that any third party is an adult over eighteen (18) years old, of legal age in both their country of residence and the country where the content is generated, and has proper legal releases.
iv. Audit Right: Documentation must be provided within 24 hours if requested.
v. Indemnification: The Creator shall indemnify the Platform for non-compliance.
11. Liability and Indemnification
The Platform assumes no liability for Creator Interactions. The Creator's liability is limited to the amount paid, except for fraud or intentional misconduct.
12. Governing Law and Dispute Resolution
a. Law: Governed by the laws of the State of Delaware.
b. Arbitration: Binding arbitration via AAA in Miami, Florida.
13. Acceptance
Upon initiating a Creator Interaction, both parties confirm that they have read, understood, and accepted this Agreement.