Extended terms of service for creators

The following translation is for your information only. In the event of any conflict or inconsistency between this translated version and the German version (including as a result of delays in translation), the German version shall prevail.

1. Scope and amendments

1.1 The following "Extended terms of service for creators" are to be understood as an extension to the terms of service and apply between the Provider and all verified Creators on the Platform who are in the exercise of a commercial, self-employed activity as entrepreneurs pursuant to § 14 of the German Civil Code (BGB)

1.2 Contenized may change the "Extended terms of service for creators" if unforeseeable or uninfluenceable changes have occurred after the conclusion of the contract

1.3 The Creator will be made aware of the changes to the "Extended terms of service for creators" after the account login on contenized.com by means of Modal (Infobox) or by e-mail to the e-mail address stored in the Creator account

1.4 The changes to the "Extended terms of service for creators" shall become effective if no objection by the Creator is received by Contenized within four weeks after receipt of the notification in text form, e.g. by email. In the event of an objection by the Creator, Contenized reserves the right to terminate the contract at the next possible date. The Creator will be informed of this by e-mail

1.5 However, changes to the "Extended terms of service for creators" due to compelling legal reasons do not establish a right of objection and become effective with their announcement. In this case the creator receives a right of termination without notice

2. Definition

2.1 "Creator Wallet" is to be understood as a digital wallet that displays the credit balance of a Creator Account that is available and entitled to payment. Credit in this case means income generated by the creator content

2.2 "Credits" are payouts from Contenized to the creator

3. Verification

3.1 The user can request a free verification of the account via the settings of his user account. The verification is the prerequisite for the use of the platform as a creator and requires the specification and confirmation of the following steps:

  1. Acknowledgement and confirmation of the fees
  2. Acknowledgement and confirmation of the content guidelines
  3. Acknowledgement and confirmation of the „Extended terms of service for creators"
  4. Filling in the profile details (uploading a profile picture and specifying a social media profile).
  5. Filling in the invoice details (can also be done at a later date).
  6. Identity confirmation and age verification

3.2 By clicking on "Request Verification" on the creator verification page, the creator confirms the contract concerning the use of the Platform as a creator. Contenized will check the verification request and subsequently inform the user in writing by email whether the verification has been approved or rejected

3.3 Contenized can reject a verification request without giving reasons. For this purpose, the user will receive a written message by email

3.5 Through the approval of the verification by Contenized, a contract is concluded between Contenized and the creator. The user account becomes the creator account. This enables functions such as the publication of content in the account

4. Conclusion of contract

4.1 The contract is concluded between Contenized and the creator. The creator is personally bound by the Terms of Use and bears the legal responsibility for any conduct concerning the creator account, even if he receives assistance from third parties, e.g. an agency, a representative or other persons in the use of the creator account

4.2 If the creator verification is rejected by Contenized, the contract is not concluded

5. Subject matter of the contract

Contenized provides a digital platform that allows verified creator accounts to publish content and offer it for free or for a fee. Users can activate this content against payment. Contenized offers the content in its own name and for its own account and gives the creator a commission on the proceeds.

6. Contract term

The creator contract is concluded for an indefinite period. Contenized and creator may terminate the contract at any time without giving reasons. More detailed information on the termination of the contract is explained in section 13.

7. Fees and commissions

7.1 The Creator receives a commission on all successful transactions that occur between Contenized and users through the creator account (memberships, activation of individual content, tips, chats, etc.)

7.2 Contenized charges a platform and transaction fee for the provision of the platform and all associated services, which is displayed to the creator before verification and must be confirmed by the creator. This is a percentage that is deducted from the net revenue. More details about the fees can be found here: https://contenized.com/docs/fees

7.3 Unless otherwise agreed, the percentage that is current when the user account is created shall apply. This can be called up at any time at https://contenized.com/docs/fees

8. Granting of rights / right of use

8.1 The Creator confirms and assures Contenized with the upload of content that all necessary rights, copyrights and licenses are in the possession of the creator and that no rights of third parties are violated. A more detailed description of this can be found under 9.2) Copyrights when publishing content

8.2 With the publication of content on the platform, the creator grants Contenized a royalty-free, temporally and spatially unlimited, perpetual, irrevocable, sublicensable, worldwide right of use as well as permission to reproduce, distribute, perform, publicly display or create derived content

8.3 The Creator retains ownership of the content

8.4 Contenized receives from the creator the right to offer content in its own name and on its own account for purchase against payment

8.5 Contenized receives from the creator the right to use published content, which does not require activation by payment, for marketing purposes on the channels of Contenized (social media platforms, website, blog pages and similar)

8.6 Contenized receives from the creator the right to modify content in the sense of the platform. This means edits such as the compression or cropping of content

8.7 Contenized receives from the creator the right to provide content with a watermark. The watermark may contain the logo or other fonts of Contenized suitable for branding

8.8 Contenized receives from the creator the right to contact other service providers, websites or other third parties on behalf of the creator if they use the creator's content without permission and there is thereby an infringement of rights (e.g. copyright infringement). Contenized is not obliged to contact third parties in the event of an infringement or to monitor infringements of the creator's content

9. Contents

9.1 Content guidelines

Contenized prohibits the publication of content that is

  1. constitute or involve illegal acts or other violations of law. This includes drug abuse, rape, child pornography, human trafficking, torture, violence, abuse, possession of weapons, and other violations of law
  2. represent or involve minors
  3. Involve legal, copyright, trademark or license violations
  4. have arisen without substantial participation of the user of the publication
  5. Represent or involve self-harm or suicide
  6. Depict or involve racism, discrimination or hatred
  7. Depict or involve bestiality (sexual act with animals)
  8. Represent or contain feces, urine, vomit, or blood
  9. depict or include hardcore scenes (extreme BDSM, etc.)
  10. Represent or include physical products or services. These include: Escort services, personal appointments, offering clothing, underwear, lingerie, or offering products that require shipment by postal mail or in-person pick-up.
  11. represent or include the offer of other competitions

9.2 Copyrights

  1. The user confirms and assures Contenized with the upload of content that all necessary rights, copyrights and licenses are in the possession of the user and that no rights of third parties are violated. In case of suspicion of violation of this basis, Contenized reserves the right to demand a legally valid proof or permission from the user
  2. The user confirms and assures Contenized with the upload of content that he was substantially involved in the creation of the content
  3. In the case of content created with at least one other person, the user confirms with the upload that all rights, copyrights and licenses required for this are in the possession of the user or that the user has the express permission to publish the other person(s). The necessary rights and permissions must be available for the entire period of publication. Contributing third parties may also withdraw permission retroactively, even if permission was available at the time of publication. Contenized reserves the right to demand a legally valid proof or permission from the user
  4. In the case of content containing music, the user confirms with the upload that all rights, copyrights and licenses required for this are in the possession of the user and that there is no infringement of rights
  5. Contenized is not obliged to check content for possible violations of rights, copyrights or licenses. In case of suspicion of violation of the aforementioned rights, Contenized can check, block or remove content

9.3 Co-author

In the case of content that was created with at least one other person, the creator confirms with the upload that

  1. all rights, copyrights and licenses required for this are in the possession of the Creator or the creator has the express written permission to publish the other person(s). The necessary rights and permissions must be in place for the entire period of publication. Contributing third parties may also withdraw permission retroactively, even if permission was available at the time of publication. Contenized reserves the right to demand legally valid proof or permission from the creator
  2. all persons involved in the creation of the content have exceeded the age of 18 years at the time of creation and this has also been duly verified, e.g. by showing the identity card
  3. all persons involved in the creation of the content have given their written permission for publication on the platform (Contenized) and have read and accepted the „Extended terms of service for creators"
  4. all persons involved in the creation of the content have been informed of the monetary intentions through the publication of content on the platform (Contenized) and a written declaration of consent has been provided by the persons involved
  5. he / she is solely responsible for the distribution of all revenues generated by the publishing of jointly created content. Contenized is not responsible for any such revenue sharing agreement between Creator and all persons involved

9.4 Watermark

  1. Contenized provides the function to watermark all uploaded content with cryptographic watermarks that allow to identify the user of the publication in case of illegal redistribution or publication by a user
  2. The function to mark content with a cryptographic watermark can be activated and deactivated at any time under "Other" in the creator account settings
  3. The Creator acknowledges that despite the use of cryptographic watermarks, illegal publication as well as distribution of its content published on the Platform may occur. There is no claim to a secure identification of the user
  4. In the event that illegal redistribution or publication of the content on other platforms occurs despite the use of cryptographic watermarks, the creator concerned may send a written message by email to support@contenized.com. The following information is required from the creator for this purpose. For this purpose, the following information is required from the creator:
  5. A description, as detailed as possible, of where the content or content affected by the copyright infringement is located (URL link or screenshot)
  6. the watermark must be clearly visible on the content
  7. Contenized shall provide the creator, upon request and in consideration of d), with all information of the User that is required for the further procedure and that is identifiable by the cryptographic watermark

9.5 Other

  1. Contenized allows the sharing of links that refer to other offers and websites. The direct forwarding to service offers that are in competition with Contenized and pursue the same business intentions is prohibited
  2. The enticement of users for own offers or offers of third parties outside of Contenized is prohibited. Here it is irrelevant whether it is a successful enticement or only the attempt. Contenized reserves the right to irrevocably remove such links and texts without prior notice
  3. Pretending a false identity in order to generate revenue on the platform is prohibited. This includes, among other things, that third parties may not impersonate a Creator if this entails a fraudulent and profitable intent

10. Deleting content

10.1 The Creator may edit or delete Premium Content even after it has been published, unless at least one User has already unlocked this Premium Content. Archiving of Premium Content is possible at any time

10.2 The editing of text content and price information for Premium Content is also possible after publication. The deletion of Premium Content, which has already been activated by at least one User, is only possible via the support of Contenized. For this purpose, the creator can contact the support in writing by email to support@contenized.com with a statement of reasons

10.3 Contenized can permanently archive or delete Premium Content after receipt of a support request from the creator including reasons, even if users have already activated this content

10.4 Archived Premium Content can no longer be unlocked, but remains available via the platform for users who have already unlocked it in the past

10.5 Deleted Premium Content will be removed from the platform for all users. Contenized shall contact all users who are affected by the deletion of the Premium Content in writing by email or directly via Contenized by means of notification, e.g. modal, and grant them access to the content for 14 days. After the 14 days, the content will be permanently deleted from the platform and is no longer accessible

10.6 Contenized may withhold, block, block, archive or remove content that violates the content guidelines without prior notice. This does not require any notification. In this case, the creator can send an email to Contenized Support to obtain further information on the facts of the case

10.7 Contenized can withhold, block, block or archive content without prior notice on suspicion of non-compliance with the content guidelines and demand a written statement from the User, which proves compliance with the content guidelines. In this case, the User will be contacted by Contenized in writing by email or by other means, e.g. by Instagram message, in order to make a statement

10.8 Contenized may store content indefinitely even after a request for deletion, if this is necessary due to investigative proceedings or other burden of proof. Contenized is not responsible for damage that arises in the context of investigations in this regard or measures taken

11. Disbursements and credits

11.1 The Creator confirms when sending the verification request that he was informed by Contenized by means of a checkbox to be confirmed that he must be in the exercise of a commercial, self-employed activity as an entrepreneur in accordance with § 14 BGB (German Civil Code) in order to receive payouts as a creator from Contenized

11.2 The prerequisite for the creation of a fiscally correct credit invoice and the associated payment of Contenized to the Creator, is the exercise of a commercial, independent activity as an entrepreneur in accordance with § 14 BGB. Contenized is entitled to withhold payouts requested by the creator until proof of the self-employed activity with truthful information and a registered tax number is available. Already achieved revenues remain in the wallet of the creator account and can be paid out at a later date, after receipt of all required data

11.3 Contenized is not obliged to check information provided by the Creator for possible false information. The Creator undertakes to provide all data truthfully and completely

11.3 Contenized reserves the right to request a copy of the business registration or other proof of commercial, self-employed activity as an entrepreneur if there is suspicion that data has not been provided completely or truthfully

11.4 In the dashboard of the Creator account, the credit available for withdrawal is displayed and the Creator can request a withdrawal under the menu item "Withdrawals" at any time, provided that the minimum amount of 20.00€ has been reached and the tax details have been deposited completely

11.5 Available balance is displayed in EUR or other currency. All withdrawals are made in EUR

11.6 The displayed credit amount represents the net revenue generated less all applicable fees (platform fee + transaction fee)

11.7 If a disbursement is already being processed, no further disbursement can be requested. A further payout is only possible again once the current payout has been completed and closed in full. The creator can view the current status of the payout via "Payouts" in the creator dashboard

11.8 Payouts shall be made to the payout account deposited by the Creator, which can be found under "Payouts" in the user account

  1. Currently there are two payout methods available to the Creator. The payout to a bank account located within the SEPA area and the payout to a PayPal account
  2. Contenized may change the payment methods at any time. If the payout method selected by the Creator is no longer available, the Creator will be informed in writing by e-mail from Contenized and can select an alternative payment method
  3. Contenized processes a requested withdrawal as quickly as possible, but within seven business days. Depending on the selected payout method, the processing time of the financial service provider is added, which is beyond the control of Contenized
  4. The Creator undertakes to indicate and ensure the correct indication of the withdrawal method
  5. Contenized assumes no liability for damages incurred by transfer to accounts of third parties, which came about due to the incorrect specification of account information. It is not decisive whether the information was inadvertently or intentionally incorrectly specified by the Creator
  6. Contenized is not responsible for possible costs by banks or other payment service providers that may arise from the transfer of Creator payouts. All payouts at Contenized are processed in EUR. Possible fees due to a currency conversion or the like are borne by the Creator himself

11.9 Payouts contain a credit invoice, which is to be understood as an invoice from the Creator to Contenized, but is created by Contenized

  1. The Creator receives a credit invoice from Contenized for each successful payout, which replaces the writing of an own invoice by the Creator
  2. The creator gets the credit invoice as a PDF sent to the email address stored in the creator account

11.10 Contenized reserves the right to block and stop Creator payouts in full or in part if

  1. no true and complete tax information has been deposited in the Creator account or there is a suspicion that the deposited information is false
  2. A serious or multiple violation of the terms of use exists or is suspected
  3. An investigation has been initiated against the Creator and we are legally obligated to block the payout

11.11 Contenized can pay out credit balances of a Creator Account independently, without a payout request by the Creator, if

  1. the Creator's credit has not been paid out for more than six months, or
  2. Balances are held beyond December 20 and there is a risk of wanting to hold revenue from one calendar year into the next calendar year in the Wallet

In these cases, Contenized will inform the Creator in writing about the payout of the credit and transfer the money to the last deposited payout account

12. Taxes

12.1 The following points do not replace tax advice from an expert. Contenized recommends that each Creator seek the professional assistance of a tax advisor in order to comply with the tax regulations

12.2 By using the Platform, the Creator assures the Provider and makes a legally enforceable promise that all income via the Platform will be reported to the competent tax authority as required by law

12.3 The Creator is personally responsible for reporting and paying his taxes. Contenized is not liable for the disregard of tax laws and non-payment of taxes by the Creator.

12.4 If the Creator is entitled to deduct input tax in Germany and can prove this, payments will be made to the Creator including VAT

12.5 Contenized reserves the right to block or delete a Creator Account and to block open payouts if Contenized is informed about the disregard of tax laws or the non-payment of taxes by the Creator by the authorities or other authorized third parties

13. Contract termination

13.1 The Creator may terminate the contract concluded for an indefinite period of time, which concerns the use of the platform as Creator, at any time without observing a notice period and without giving reasons. This requires a written notice by e-mail to creator@contenized.com. The Creator shall receive written confirmation of the termination from Contenized by e-mail

13.2 Contenized may terminate the contract concluded for an indefinite period of time, which concerns the use of the platform as a Creator, at any time without observing a notice period if there is suspicion that there has been a serious or repeated violation of the usage guidelines. In this case, Contenized may withhold, block or irrevocably delete the Account

13.3 In the event of doubt regarding the authenticity of the data provided, Contenized may temporarily block the Creator Account and demand proof of the doubted data, e.g. a copy of the Creator's business registration. If the Creator does not comply with this request, Contenized is entitled to withhold the Account or to delete it irrevocably. Pending payouts can only be paid out when the verification of the data has been fully completed

13.4 The resubmission of a verification request by a Creator who was deleted or blocked from the platform in the past entitles Contenized to block and delete this Account immediately

13.5 If the contract is terminated, regardless of which of the two parties has requested the termination, and there is still available credit in the Wallet of the Creator Account, the Creator can request a payout and will receive this from Contenized within the regular processing time paid out to the deposited account. Contenized will not make any unsolicited payouts to the Creator and assumes no liability for funds that were lost due to the deletion of the Account because no payout was requested by the Creator

13.6 The Creator Account will be deactivated for 30 days after termination of the Agreement. As a result, the Creator Account can no longer be accessed via the Platform and the Creator loses the ability to access the Account. For technical reasons, it may take a few days until the Creator Account is completely removed from the Platform

13.7 Contenized may store the Creator's data even after the termination of the contract and the associated deletion of the Account, which are legally obligatory for the processing of fiscal matters. Contenized shall store personal data for the period specified by law, but not longer than

13.8 Contenized may temporarily block a Creator Account or certain functions of this account, such as the publishing of content, if there is a one-time or repeated violation of the usage guidelines. Blocked Creator Accounts can be unblocked by Contenized if a renewed violation of the Usage Guidelines is unlikely or excluded. In the event of a block, the Creator will be informed in writing by e-mail to the e-mail address stored in the account and will be informed about the reasons for the block

14. Rights of Contenized in case of violation of the extended GTC for creators

14.1 Contenized may terminate the contract concluded for an indefinite period of time, which concerns the use of the platform as a Creator, at any time without observing a notice period if there is suspicion that there has been a serious or repeated violation of the usage guidelines. The account will be irrevocably deleted in this case

14.2 Contenized may withhold, block, block, archive or remove content that violates the content guidelines without prior notice. This does not require any notification. In this case, the Creator can send an e-mail to Contenized Support to obtain further information on the facts of the case

14.3 Contenized may withhold, block, block or archive content without prior notice in the event of suspected non-compliance with the content guidelines and demand a written statement from the Creator proving compliance with the content guidelines. In this case, the Creator will be contacted by Contenized in writing by e-mail or via other means, e.g. via Instagram message, in order to take a stand

14.4 Contenized may store content for an indefinite period of time even after a request for deletion, if this is necessary due to investigative proceedings or other burden of proof. Contenized is not responsible for damage that arises in the context of investigations in this regard or measures taken

14.5 Contenized may, in the event of suspicion of unlawful use and violations of applicable law (e.g. copyright infringements), initiate an investigation or proceedings and cooperate with law enforcement authorities if this is necessary for the investigation. As a result, Contenized may or must disclose personal data and other information to third parties (e.g., law enforcement agencies or attorneys)

15. Disclaimer

15.1 Contenized clarifies that the uploading and publishing of content on the platform does not constitute a guarantee of generating revenue

15.2 Contenized is not responsible for the uncontrolled dissemination of content published on the platform. Uncontrolled dissemination means any behavior of Users that violates the usage guidelines and that cannot be controlled or monitored by Contenized, such as the sharing, publishing, saving or copying of content. The user acknowledges that this is possible even after deletion of the user account and the removal of all content on the platform and cannot be controlled by Contenized

15.3 Contenized is not obliged to contact third parties in the event of an infringement of rights, e.g. by hosting, providing or offering copyrighted content, or to monitor infringements of the User's content

15.4 Contenized is not responsible for the advertising, sharing or other marketing of content

Date: March 2023