This Content Creator Agreement ("Agreement") is a legally binding contract entered into by and between the content creator ("You" or "Your") and HardcoreFighters ("HardcoreFighters," "We," "Us," or "Our"), the legal entity operating the HardcoreFighters platform.
By accessing and utilizing the HardcoreFighters platform, you expressly acknowledge and agree to comply with the terms and conditions detailed in this Agreement, in addition to the provisions set forth in the Terms of Service, Privacy Policy, Content Moderation Policy, and Refund Policy of HardcoreFighters, as managed and operated by HardcoreFighters.
Account Registration and Use
Account Maintenance
All content creators are unequivocally obligated to maintain the accuracy, completeness, and currency of their account information, strictly in accordance with the stipulations outlined in this Agreement in compliance with AML (Anti-money laundering).
KYC Compliance for All Creators
Content creators expressly acknowledge and agree to undergo the Know Your Customer (KYC) process as an integral part of ongoing account maintenance.
This process is deemed critical for identity verification and is instituted in strict compliance with prevailing legal and regulatory standards such as AML (Anti-money laundering).
Content Review Compliance
Content creators commit to and shall comply with the platform’s content review policies.
This commitment includes the mandatory submission of all new videos for thorough review to ensure strict adherence to the platform's content moderation terms.
This policy is uniformly applicable to all content creators and is imperative for the preservation of content quality and legality on the platform.
Responsibility for Account Security
Content creators bear sole responsibility for the security of their account passwords and are required to promptly report any instances of unauthorized use or security breaches to HardcoreFighters.
Sharing your account access is prohibited.
Content Guidelines and Responsibilities
Content Creators assume sole responsibility for the content they post on the HardcoreFighters platform, explicitly ensuring its legality, reliability, and appropriateness.
Content posted must not, under any circumstances, violate any applicable laws, intellectual property rights, or promote unlawful activities.
HardcoreFighters reserves the unequivocal right to remove, without notice, any content that is found to be in violation of these guidelines.
We also reserve the right to remove content for any reason or no reason at all, at our sole discretion.
Intellectual Property Rights
By posting content on the HardcoreFighters platform, content creators automatically grant HardcoreFighters a worldwide, non-exclusive, royalty-free license to use, modify, publicly perform, display, reproduce, and distribute the content on the platform.
The Content Creator retains all other rights to their content, subject only to the rights expressly granted to HardcoreFighters under this Agreement.
Revenue Sharing and Payments
Revenue Share Settings
Content creators can view their current revenue sharing percentage in their "Payment Monetization" settings. The minimum revenue share is fixed at 16%, subject to variations based on location, payout method, and operational costs of the platform.
Adjustments to Revenue Share
HardcoreFighters reserves the unequivocal right to adjust the revenue share in response to changes in payout methods, alterations in advertisement campaigns, or substantial shifts in the operational costs of the platform.
Any such adjustments will be transparently reflected in the content creator's "Payment Monetization" settings, accompanied by timely notifications.
Wallet and Payouts
Content creators can monitor their earnings through the wallet feature, with payouts processed every 30 days or on demand by request of the content creator if the payout method supports a flexible payout time, contingent upon the accumulation of a balance exceeding 100 USD (or its equivalent in EUR or GBP).
Holding Period for Transactions: All incoming transactions are subject to a 48-hour holding period and are ineligible for payout requests during this time.
In addition to the automated payout cycle, content creators have the option to request a manual payout at any time without any extra charges if the payout method supports flexible payout times.
Any costs associated with payouts, such as third-party fees, will be covered by the content creator.
Refunds
Content creators possess the ability to directly refund customers through their wallet on the HardcoreFighters platform.
Custom Request Disputes
In disputes arising from custom requests where the content creator is deemed at fault, a fee of 10% of the payment for the custom request may be deducted.
Relationship between the Parties
The relationship established by this Agreement designates the Content Creator as an independent contractor, and under no circumstances shall the Content Creator be deemed an employee of HardcoreFighters.
Each party retains sole responsibility for its own legal and tax obligations.
Limitation of Liability
Acknowledgment of Risks
The content creator expressly acknowledges and agrees that the use of the HardcoreFighters platform involves inherent risks and uncertainties. HardcoreFighters cannot guarantee the continuous, uninterrupted, or secure access to the platform. The content creator further acknowledges that the nature of the internet and online platforms may result in occasional disruptions, delays, or inaccuracies.
Limitation of Liability
In no event shall HardcoreFighters be liable to the content creator for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the use or inability to use the HardcoreFighters platform.
Exclusion of Certain Liabilities
HardcoreFighters disclaims any and all liability for any content posted by content creators on the HardcoreFighters platform. HardcoreFighters does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content posted by content creators.
The content creator is solely responsible for the content they upload, and HardcoreFighters shall not be liable for any errors or omissions in any content.
Third-Party Services
HardcoreFighters may, at its discretion, provide links or access to third-party websites, services, or content, including KYC documents in compliance with AML (Anti-money laundering).
The content creator acknowledges and agrees that HardcoreFighters is not responsible for the availability, accuracy, or completeness of such third-party services or content.
The use of third-party services is at the content creator's own risk, and HardcoreFighters shall not be liable for any loss or damage arising from the use of such third-party services.
No Warranty
The HardcoreFighters platform is provided "as is" and "as available" without any representations or warranties, express or implied. HardcoreFighters makes no representations or warranties in relation to the HardcoreFighters platform or the information and materials provided on the platform.
Force Majeure
HardcoreFighters shall not be liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemics, strikes, and other labor disputes, technical failures, or any other force majeure event.
Maximum Liability
In the event that HardcoreFighters is found liable for any damages notwithstanding the provisions of this Agreement, the total liability of HardcoreFighters shall be limited to the total amounts paid by the content creator to HardcoreFighters in the twelve (12) months preceding the event giving rise to the liability.
Legal Compliance
The content creator agrees that some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, the liability of HardcoreFighters shall be limited to the fullest extent permitted by law.
Assumption of Risk
The content creator acknowledges that they have read and understood this Limitation of Liability clause and agrees to assume all risks associated with the use of the HardcoreFighters platform
Indemnity Clause
Indemnification Obligation
The content creator agrees to indemnify, defend, and hold harmless HardcoreFighters, its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with:
Any content posted by the content creator on the HardcoreFighters platform, including but not limited to claims of infringement of intellectual property rights, defamation, or violation of any applicable laws.
Any breach of the terms and conditions of the Content Creator Agreement, including but not limited to violations of account maintenance obligations, content review compliance, or responsibilities outlined in the agreement.
Any violation of third-party rights, including but not limited to claims arising from the content creator's use of third-party services, content, or materials in connection with the HardcoreFighters platform.
Defense of Claims
HardcoreFighters reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the content creator. The content creator agrees to cooperate with HardcoreFighters in asserting any available defenses.
Notification of Claims
The content creator agrees to promptly notify HardcoreFighters of any claims, demands, or actions by third parties that may give rise to indemnification obligations under this clause.
Failure to provide prompt notice may relieve HardcoreFighters of its indemnification obligations to the extent that such failure prejudices HardcoreFighters' ability to defend the claim.
No Settlement without Consent
The content creator shall not settle any claims, lawsuits, or actions on behalf of HardcoreFighters without the prior written consent of HardcoreFighters, which shall not be unreasonably withheld.
Termination and Consequences
Termination by the Company
HardcoreFighters retains the unfettered right to terminate this Agreement with a content creator for reasons including but not limited to violations of platform policies, engagement in illegal activities, breach of contractual terms, or prolonged inactivity.
The decision to effect immediate termination or termination after a notice period shall be contingent upon the severity of the issues involved.
Termination by the Content Creator
Content creators maintain the right to terminate this Agreement at their discretion and without constraint.
While HardcoreFighters encourages a notice period of one month, it is not deemed mandatory.
Notification of Termination
Termination of this Agreement shall be formally communicated in writing, either through email or the platform’s designated communication system, ensuring unambiguous documentation of the decision and its timing.
Consequences of Termination
Removal of Content
Upon termination of this Agreement, content created by the terminated creator may be set to private but will remain accessible to buyers for an additional 180 days.
Videos will be marked to allow downloads, facilitating buyers in saving local copies.
Final Payments
Any outstanding earnings shall be processed in the subsequent payment cycle, subject to deductions as per the terms of this Agreement.
Funds in the content creator's wallet at the time of termination may be held for a duration of up to 180 days to account for potential refunds or chargebacks.
If the content creator is found to have violated any rules or laws, particularly but not limited to those related to copyright, the final payment may be withheld indefinitely.
Hold on Transactions
Incoming transactions may be subject to a holding period of up to 180 days in case of account termination.
Post-Termination Obligations
Content creators are obliged to fulfill any outstanding obligations incurred during the term of this Agreement, such as completing pending custom requests or resolving disputes.
Reinstatement
The reinstatement of a terminated account is at the sole discretion of HardcoreFighters and may be subject to specific conditions as determined by the Company.
Exceptions and Requests
Content creators may submit requests for exceptions to these termination terms, such as the maintenance of public availability for certain videos.
The approval or denial of such requests shall be determined by HardcoreFighters based on the circumstances surrounding the termination.
Amendments
HardcoreFighters reserves the right to unilaterally amend the terms of this Agreement at any time. Content creators shall be duly notified of such amendments, and continued use of the HardcoreFighters platform post-notification shall constitute acceptance of the amended terms.
Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where HardcoreFighters is based.
Any disputes arising out of or in connection with this Agreement shall be resolved through arbitration in accordance with the rules of the designated arbitration body or forum, as specified in the dispute resolution mechanism outlined in the Terms of Service.
Contact Information
For any inquiries or issues related to this Agreement, content creators are encouraged to utilize one of the following methods to contact HardcoreFighters:
Through the Website: Click the 'Contact Us' button located in the footer of the HardcoreFighters website to initiate direct communication with our support team.
Via Email: Send an email to [email protected], including relevant details such as the content creator's username and a concise description of the inquiry or issue for an efficient response.
We commit to responding to all queries promptly and effectively, thereby ensuring a seamless and supportive experience for our valued content creators.
Acknowledgment
Agreement to Terms
By continuing to use the HardcoreFighters platform, the Content Creator expressly acknowledges and agrees to be bound by the terms and conditions set forth in this Agreement.
Digital Signature
By typing their full name in the designated field on the HardcoreFighters platform, the Content Creator provides a digital signature, constituting a legally binding expression of their agreement to all terms outlined herein.
Legal Compliance
The process of digital signing through typing one's name fully complies with digital signing regulations in the European Union (EU), the United States (US), and the United Kingdom (UK).
This includes strict adherence to the Electronic Identification, Authentication and Trust Services (eIDAS) regulation in the EU, the Electronic Signatures in Global and National Commerce Act (ESIGN) in the US, and the Electronic Communications Act 2000 in the UK.
Record of Consent
The digital signature serves as a verifiable record of the Content Creator's consent to the terms of this Agreement, possessing the same legal validity and enforceability as a manual signature.
Documentation
Upon signing this Agreement, the Content Creator shall receive a copy of the executed document in PDF format to their registered email.
Furthermore, HardcoreFighters will retain a copy of this Agreement for reference and legal purposes, ensuring its status as the definitive version of the Agreement.