Last updated: March 13, 2018

Welcome to Adult Pledge!

These are Adult Pledge's terms of use. By using Adult Pledge, you agree to all these terms. You also agree to our Privacy policy, Community Guidelines and any other policies we post on Adult Pledge. You acknowledge that you have read and understood these terms.

Adult Pledge Platform

Adult Pledge is a platform where backers can support and engage with creators. These are Adult Pledge’s terms of use and apply to all users of the Adult Pledge website and mobile applications. “We,” “our” or “us” refers to Adult Pledge Inc. “Adult Pledge” refers to this website and the services offered by us.

We are not responsible for the quality, timing or legality of content or rewards. We may sometimes make changes to these terms. If we make material changes that adversely affect your rights under these terms, then we will let you know by posting an announcement on the site or sending you an email prior to the changes coming into effect. Continuing to use Adult Pledge after a change to these terms means you accept the new terms.

Account Creation

You must be at least 18 years old to register for an account, and to pay or accept money there are other requirements. You are responsible for your account.

When you register for an account you must provide us with accurate information. Otherwise we may not be able to assist you with accessing your account.

If you know a user is under the age of 18, please report them to us.

You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. If you believe your account is compromised, you must contact us immediately.

All About Being a Backer

Backers pledge money to creators for creating content. Depending on the creator’s preference, you will be charged either a set amount per month. Adult Pledge is not responsible for the quality, timing or legality of content or rewards.

To become a backer simply create an account, set your preferred payment method on Payza and pledge to any creator!

There is one type of pledge: a monthly subscription where you pay creators per month.

When you support a creator, then you are charged on behalf of the creator immediately at the time of the pledge for the full amount of the subscription. After the month in which you made your initial pledge, your payment is batched with your other existing pledges and charged at the same day the month.

You may cancel your pledge at any time.

We may grant refunds at our sole discretion in exceptional circumstances.

In certain situations you may lose access to a creator’s backer-only content, including rewards. These include when you cancel your pledge, your payment method fails, the creator blocks you, or the creator deletes their account.

We have no control over the quality, timing or legality of content or rewards. We do not grant refunds for failure to deliver rewards. We do attempt to screen for fraudulent creator pages, but cannot guarantee the identity of creators or the validity of any claims they make. We appreciate your help reporting suspicious creator pages so we can improve Adult Pledge.

All About Being a Creator

Creators launch a page that allows backers to support them. You appoint us as your agent to collect and process payments on your behalf. Our fee is 11% + $0.59 per transaction of your pledges and we hold 11% of the value for chargeback protection. An transaction is every time that the backer is charged. You are responsible for any taxes you owe based on the payments you receive. You must also follow our rules about content and rewards.

Explaning better the fees:

The company that we are using for collect the pledges is Payza. We want to be more clear about all the values and how it work, so here is an example for an pledge of $5.00:
Adult Pledge's fee: 4.5% ($0.23)
Payza's fee: 6.5% + $0.59 ($0.92)
Payza also holds 10% during 6 months for chargeback protection ($0.50)

The total that is credit for creator is $3.35 and after 6 months, the $0.50 also are credit if no chargeback was made

To become a creator, you may convert your regular account to a creator account by launching your page.

The payments are processed every month at the same day that the pledge was made. In connection with your charges to backers, you appoint us as your limited agent for the sole purpose of receiving, holding, and settling payments to you. As your agent, our receipt of funds from a backer on your behalf is the same as receipt of funds by you directly, and you will only have recourse against us, and not against any backer, for any failure by us to settle funds to you. We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We may also block or hold payments for violations of the terms or compliance reasons, including collecting tax reporting information. When payments are delayed or blocked we try to communicate the reasons to you promptly. In order to protect creators, we may block backers’ payments if we believe them to be fraudulent.

Our fee to process transactions on your behalf is 11% + $0.59 of processed pledges. Separate payment processing fees vary based on the pledge amount, but are typically 11% + $0.59 of the total amount we process for you process across all backers.

We do not handle most tax payments, but we collect tax identification information and report this to tax authorities as legally required. You are responsible for reporting any taxes.

The one area of taxes where we handle payments on your behalf is VAT payments for electronically supplied services to backers in the EU. For the purpose of electronically supplied services, creators make a supply of that content to us, and then we supply it to the backer. To learn more about how we handle VAT, please check our VAT guide.

We are not party to the agreement between creators and backers. If a backer requests a refund from us, we only grant it in exceptional situations. We deduct the refunded amount from future payments to you.

Adult Pledge’s Role

While Adult Pledge supports content creation, we do not legally endorse any content on our site. If content is reported we may remove it, but we do not take that action lightly.

We only provide a platform for creators and backers to interact. We do not screen or endorse any content on Adult Pledge. If you see content that violates these terms, then let us know and we may remove it.

Removing content or terminating accounts is not an action we take lightly and we may take a while to investigate or open the issue up to further discussion with the community.

We are constantly testing out new features with the goal of making Adult Pledge better. We may add or remove features, and often test features with a random subset of our users. If we believe a feature is significantly different from these terms, then we explain those differences in the test.

With your permission, we may give other websites or services the ability to verify information about your Adult Pledge account or perform actions on your behalf. This permission is asked for when you connect your Adult Pledge account to these other websites or services. Information can include the existence of your account, pledge amounts and length of support. Actions can include creating, editing or deleting pledges and any other interaction with creators such as posting messages or liking posts.

Account Disabling

You can disable your account by request. We can disable it at our discretion.

You can permanently disable your account at any time by sending an email to disable@adultpledge.com. You can see what information is deleted and what we continue to store after the account is disabled in our privacy policy.

We can terminate or suspend your account at any time at our discretion. We can also cancel any pledges and remove any content or rewards at our discretion.

These terms remain in effect after your account is disabled.

Your Content

You keep complete ownership of all content, but to operate we need licenses from you. Make sure you have permission to use content that you post on Adult Pledge.,

By posting content to Adult Pledge you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your content. The purpose of this license is to allow us to operate Adult Pledge, promote Adult Pledge and promote your content on Adult Pledge. We are not trying to steal your content or use it in an exploitative way.

You may not post content that infringes on other's intellectual property or proprietary rights.

Backers may not use content posted by creators in any way not authorized by the creator.

Adult Pledge’s Content

You can use our content as part of Adult Pledge, but can’t use it for anything else without our permission.

Content we create is protected by copyright, trademark and trade secret laws. Some examples of our content are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your Adult Pledge page.

You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our content unless we give you permission in writing. Please ask if you have any questions.

Copyright Infringement

If someone on Adult Pledge is using your copyright without permission, then please send an email to copyright@adultpledge.com. This is complicated, so make sure to read the long version before you send us an email.

If you believe that any content on Adult Pledge infringes your copyrights, please send written notice to:

copyright@adultpledge.com or
Adult Pledge, Rua Marquês do Herval, 567 - Sala 1, São Leopoldo, RS, Brazil

This notice should include the following information:

The electronic or physical signature of the copyright owner, or a person authorized to act on their behalf.

A description of the copyrighted work that you claim has been infringed.

A description of the exact location on Adult Pledge of the content that you claim is infringing. This description must allow us to find and identify the content.

Your name, address, telephone number and email address.

A statement by you that: a) you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, the copyright owner, or the owner’s agent, b) all information contained in your copyright notice is accurate, and c) under penalty of perjury, you are either the copyright owner, or authorized to act on their behalf.

If your content has been removed because of a DMCA notice, but you believe the content was not infringing on another’s copyrights, then you may send a written counter-notice to have the content restored. Your counter-notice should include the following information:

Your electronic or physical signature.

A description of the content that was removed and the exact location of the content on Adult Pledge before it was removed.

Your name, address, telephone number and email address.

A statement under penalty of perjury that you believe in good faith that the content was removed by mistake or misidentification.

A statement that you consent to the jurisdiction of Brazilian Court for the judicial district in which you are located, or if you are outside of Brazil, you will accept service of process from the party that originally sent us the DMCA notice.

In appropriate circumstances we may also terminate the accounts of repeat infringers.

Indemnity

If we are sued because of you, you have to help pay for it.

You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of Adult Pledge. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will help us in our defense.

Your obligation to indemnify under this clause also applies to our affiliates, officers, directors, employees, agents and third party service providers.

Warranty Disclaimer

We do our best to make sure Adult Pledge works as expected, but stuff happens.

Adult Pledge is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law.

The disclaimers of warranty under this clause also apply to our affiliates and third party service providers.

Limit of Liability

If you lose money as a result of using Adult Pledge, any payment to you is limited to how much you have paid us, and we don’t have to pay you if your loss is unexpected.

To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of Adult Pledge. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Adult Pledge. We are specifically not liable for loss associated with failure to deliver rewards and from losses caused by conflicting contractual agreements.

For this clause “we” and “our” is defined to include our affiliates, officers, directors, employees, agents and third party service providers.

Dispute Resolution

If you have a problem please talk to us, but you are limited in how you can resolve disputes. You waive your right to trial by jury and your right to participate in a class action proceeding.

We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or related to your use of Adult Pledge, and it cannot be resolved after you talk with us, then it must be resolved by arbitration. This arbitration must be administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures. Judgment on the arbitration award may be entered in any court with jurisdiction. Arbitrations may only take place on an individual basis. No class arbitrations or other grouping of parties is allowed. By agreeing to these terms you are waiving your right to trial by jury or to participate in a class action or representative proceeding, we are also waiving these rights.

We follow the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness for all arbitrations done under these terms. If any portion of these terms do not follow that standard, that portion is severed from these terms.

This clause does not limit either party’s ability to seek injunctive or other equitable relief for disputes relating to intellectual property or proprietary data.

Governing Law

Any disputes with us must be resolved in Porto Alegre/RS under Brazillian law.

Brazillian law, excluding its conflict of law provisions, governs these terms and all other Adult Pledge policies. If a lawsuit does arise, both parties consent to the exclusive jurisdiction and venue of the courts located in Porto Alegre/RS.

Everything Else

These terms are the final word on Adult Pledge’s policies.

These terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.

If you have any questions, please email legal@adultpledge.com

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