Creator Agreement

This agreement

This Creator Agreement is between you and Goonsesh LLC, a New Mexico limited liability company ("Goonsesh", "we", "us"). It applies whenever you sell content on goonsesh.com, on top of the Terms of Service and the Platform Rules. Where they differ on selling, this agreement applies.

You sign it by typing your legal name in your creator application. We store the version you signed. When we change it in a way that matters, we tell you before the change applies and ask you to sign the new version.

Who may sell

You are at least 18 years old, or the age of majority where you live if that is higher.
You have a Goonsesh account in good standing and sell only from that account, for yourself. A creator account cannot be shared, sold or transferred.
You pass our verification: your legal name, date of birth, home address, a valid government photo ID (passport, national ID card or driver's license) and a photo of you holding it.
You give us a payout account (a bank account or Paxum) and your tax details: the information of a Form W-9 if you are a US person, or of a Form W-8BEN if you are not.

Our staff review every application by hand. We may approve it, ask for changes or decline it; if we ask for changes or decline it, we tell you why. What you tell us must be true and complete. When it changes, tell us at hello@goonsesh.com.

What you confirm about your content

For everything you offer on Goonsesh, you confirm that:

you produced it or own all rights in it, and selling it on Goonsesh does not infringe anyone's copyright, privacy or other rights;
it contains nothing produced by a studio or anyone else whose rights you do not own: no scenes, clips or photos taken from other sites;
every person who appears in it was at least 18 years old when it was recorded;
every person who appears in it agreed to being recorded, and agreed to the content being distributed and sold on Goonsesh;
every other person who appears in it is named in the offer and has a record with us: they are a verified Goonsesh creator who confirms the offer, or they signed our Model Release and we approved it;
if you say you appear alone, nobody else appears in it;
the production date you give is correct;
it follows the Platform Rules, contains nothing they prohibit, and the orientation and intensity you set describe it accurately.

If you learn that any of this is not true, tell us at once.

Review and removal

Our staff review every offer before it goes on sale. We may approve it, ask for changes or decline it.
Once an offer is in review, its video, the people in it and its flags cannot be changed. Its title, description, price and what it includes (membership, download, clips, photos) can be changed at any time.
We may take down an offer that breaks this agreement, the Terms, the Platform Rules or the law, or that somebody in it says they did not agree to. When we take an offer down for such a reason, its buyers lose access to it.

Rights you give Goonsesh

You keep ownership of your content. In return for the revenue share below, you give Goonsesh LLC a worldwide, non-exclusive license to host, store, copy, transcode, stream and display it on Goonsesh; to make the thumbnails and previews the store needs; to sell access to it to members; and to show your offers, stage name and profile in Goonsesh's store, search and promotion of your offers.

The license lasts while the content is offered on Goonsesh, and afterwards for as long as buyers and members keep access to it.

What buyers get

A purchase gives the buyer the right to watch the content on Goonsesh for their personal, private use. They get access to your one hosted copy, not a copy of their own.
A membership gives access to every offer you include in it, for as long as the membership runs.
Downloads and photos are included only where you switch them on for an offer.
Buyers never see your legal name, address or documents. You never see who bought or subscribed: you see counts and amounts.

Clips: if you allow clips on an offer, everyone who has access to it may cut short clips from it and post them on Goonsesh. You give them permission to do so, and Goonsesh a license to host, show and distribute those clips on Goonsesh. Clips posted while you allowed it may stay up after you switch clips off.

Prices and your share

You set the price of each offer, bundle and your monthly membership in US dollars, from the price points Goonsesh offers.
Taxes such as VAT or sales tax may be added to the price at checkout by the payment processor. Your share is calculated on the price without them.
You receive 80% of the price of every sale and membership renewal, unless we agree a different share with you in writing. Goonsesh keeps the rest and pays the payment processing fees from its part. Your share is rounded down to the cent.
A change to your membership price applies to new members. Running memberships keep the price they started with.
Gooncoins cannot buy creator content and are never paid out.
Test purchases made by our staff or by a payment processor's reviewers are marked as tests. No money moves and nothing is paid out for them.
Do not buy your own content, or have others buy it for you to move money.

Payouts, refunds and chargebacks

Your share of every sale is held for 21 days, because refunds and chargebacks arrive in that time. After that it is available for payout.
We pay available earnings to the bank account or Paxum account you gave us. A payout sent to the details you gave us counts as paid, so keep them correct.
If a sale is refunded or charged back, your share of it is taken back from your balance, even if it was already paid out. Your balance can then go below zero. A negative balance is set off against your future earnings.
We may hold payouts while we look into suspected fraud, a complaint about your content or a breach of this agreement.

Taxes

You are responsible for reporting and paying the taxes on your earnings.
You give us the information of a Form W-9 (US persons) or a Form W-8BEN (everyone else) and certify it with your signature. Keep it up to date.
Where the law requires it, we report your earnings to the tax authorities, for example to the IRS, and withhold tax from payouts.

Records (18 U.S.C. § 2257)

You are the producer of the content you sell. You keep the records the law requires of a producer for everyone who appears in it, including under 18 U.S.C. § 2257 and 28 C.F.R. Part 75, and you give us copies when we ask.

Goonsesh also keeps its own records of everyone in content sold on Goonsesh: your verification, other creators' confirmations and the model releases. We keep them as long as the law requires, also after you stop selling. We show them to the authorities where the law requires it, and to our payment processor where its rules or the card networks' rules require it. See our 2257 statement.

Taking an offer off sale

You can take an offer off sale at any time. Nobody new can buy it, but everyone who bought it keeps access, and if it stays in your membership, members keep access while their membership runs.
An offer that has been on sale cannot be deleted, only taken off sale, so that buyers keep what they paid for.
Buyers lose access only if their purchase is refunded or charged back, or if we take the offer down (see Review and removal).

Suspension and ending

You can stop selling at any time: take your offers off sale and switch off your membership. To leave the creator programme, write to hello@goonsesh.com.
We may suspend or end your creator account if you break this agreement, the Terms, the Platform Rules or the law, if information you gave us is false, or if your content puts people or Goonsesh at risk. While your creator account is suspended, your offers are not on sale and no new memberships start; people who already bought them keep access, and running memberships run to the end of their period.
When your creator account ends, we pay out what you earned once the hold period is over, minus refunds and chargebacks, unless the earnings come from fraud or from content that broke this agreement or the law.
What this agreement says about content already sold, records, taxes, refunds and chargebacks keeps applying after it ends.

Responsibility for your content

You are responsible for the content you sell. If somebody brings a claim against Goonsesh LLC because of it, or because something you confirmed in this agreement was untrue, you cover the reasonable costs, damages and legal fees that result.

Your data

We handle your verification, payout and tax details as our Privacy Policy describes. Only Goonsesh staff see your documents.

Law and general terms

You sell as an independent person or business, not as our employee, agent or partner.
This agreement is governed by the laws of the State of New Mexico and applicable U.S. federal law. Disputes go to the state or federal courts in Bernalillo County, New Mexico.
Questions about this agreement: hello@goonsesh.com.

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