Terms of Use

Last updated: December 26, 2024

Welcome to Censorly!

These Terms of Use ("Terms") govern your use of the Censorly website, platform, and services (collectively, the "Site"). By accessing or using the Site, you ("User," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site.

1. Acceptance of Terms

By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any policies and guidelines incorporated by reference. These Terms constitute a legally binding agreement between you and Censorly ("we," "us," or "our").

2. Description of Service

Censorly provides a platform that enables creators ("Creators") to build and operate their own subscription-based websites ("Creator Sites"). Creators can offer various forms of content, including but not limited to videos, images, text, audio, and interactive posts, to their subscribers ("Subscribers"). Censorly acts as a technology provider, offering tools for content hosting, membership management, payment processing integration, and site customization.

Censorly is a multi-tenant platform. Each Creator Site operates independently under its own terms and content guidelines set by the Creator. Censorly is not responsible for the content, actions, or offerings of individual Creator Sites.

3. User Accounts and Eligibility

  • Account Creation: To access certain features of the Site, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
  • Age Requirement: You must be at least 18 years of age (or the age of majority in your jurisdiction) to use the Site. By using the Site, you represent and warrant that you meet this age requirement.
  • Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
  • Account Types: The Site supports different user roles, including Creators and Subscribers. Certain features and functionalities may be restricted based on your user role.
  • Tenant ID: Upon registration, Creators may be assigned a unique tenant ID which will be used to identify their Creator Site.

4. Acceptable Use Policy

You agree to use the Site in accordance with these Terms and all applicable laws and regulations. You are solely responsible for all content you upload, post, or otherwise transmit through the Site ("User Content") and for your interactions with other users.

Prohibited Conduct:

  • Illegal Activities: Using the Site for any illegal purpose or in violation of any laws, including but not limited to copyright infringement, defamation, harassment, and the distribution of illegal content.
  • Harmful Content: Uploading, posting, or transmitting User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. This includes content that exploits, abuses, or endangers children.
  • Infringement: Infringing upon or violating our intellectual property rights or the intellectual property rights of others.
  • Spam and Unsolicited Communications: Transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  • Interference with Site Operation: Interfering with or disrupting the operation of the Site or the servers or networks used to make the Site available, or violating any requirements, procedures, policies, or regulations of such networks.
  • Unauthorized Access: Attempting to gain unauthorized access to the Site, other user accounts, computer systems, or networks connected to the Site.
  • Data Mining and Scraping: Using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission.
  • Misrepresentation: Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
  • Circumventing Security Measures: Attempting to circumvent any security measures of the Site.
  • Commercial Activities (without authorization): Engaging in any commercial activities on the Site without our prior written consent, except as explicitly permitted for Creators within their Creator Sites.

Content Guidelines for Creators:

  • Age Verification: Creators are responsible for implementing and maintaining appropriate age verification measures on their Creator Sites if their content is intended for mature audiences.
  • Transparency: Creators must clearly communicate their own terms of service, content guidelines, and subscription terms to their Subscribers.
  • Compliance with Laws: Creators are solely responsible for ensuring that all content on their Creator Sites complies with all applicable laws and regulations.
  • Respectful Preview Content: Preview content displayed publicly must be tasteful and non-explicit.
  • No Exploitative Content: Exploitative or non-consensual content is strictly prohibited.
  • Content Restrictions: Content involving minors, non-consensual content, extreme violence, hate speech, illegal substances, and content violating third-party copyrights are prohibited.

5. Intellectual Property Rights

  • Site Ownership: The Site, including its design, software, code, text, graphics, and all other content and materials (excluding User Content), is owned by or licensed to Censorly and is protected by copyright, trademark, and other intellectual property laws.
  • Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal or internal business purposes, subject to these Terms.
  • User Content License: By uploading, posting, or transmitting User Content to the Site, you grant Censorly a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the operation of the Site and our business, including for promotional purposes. This license is necessary for us to host and provide the services of the Site.
  • Creator Site Content: Creators retain ownership of the content they create and upload to their Creator Sites, subject to the license granted to Censorly as described above. Subscribers understand that content on Creator Sites is owned by the respective Creators and is subject to their individual terms.

  • Copyright Policy - DMCA Notice:

    • Respect for Copyright: Censorly respects the intellectual property rights of others and expects its users to do the same. We will respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA).

    • DMCA Notice Procedure:

      If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, you may submit a written notification pursuant to the DMCA. Your DMCA notice must include substantially the following:

      • A description of the copyrighted work claimed to have been infringed.
      • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material.
      • Your contact information, including your address, telephone number, and email address.
      • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
      • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      • Your physical or electronic signature.

    • Designated DMCA Agent:

      Our designated agent to receive notifications of claimed infringement is:

      DMCA Agent
      Censorly.io
      [email protected]

      Please send DMCA notices to this designated agent. You acknowledge that if you fail to comply with all of the requirements of the DMCA notice, your DMCA notice may not be valid.

    • Counter-Notice Procedure:

      If you believe that your content was wrongly removed due to a DMCA notice, you have the right to file a counter-notice with our Designated DMCA Agent. A valid counter-notice must be in writing and include substantially the following information:

      • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
      • Your contact information, including your address, telephone number, and email address.
      • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
      • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
      • Your physical or electronic signature.

      Upon receipt of a valid counter-notice, we may reinstate the removed content after 10 to 14 business days, unless the copyright owner initiates a legal action seeking a court order to restrain further infringement.

  • 18 U.S.C. § 2257 Compliance Statement:

    • Compliance Statement: Censorly is committed to complying with 18 U.S.C. § 2257 regarding records of sexually explicit material.
    • Statement Regarding Performers: Any actual human beings appearing nude or while performing sexual acts in images appearing on this website, for purposes of sexual stimulation, were over the age of 18 at the time those images were recorded.
    • Exemption for Third-Party Content: Censorly is not the "producer" of depictions of actual or simulated sexually explicit conduct that may appear on Creator Sites. Censorly's role is limited to transmission, storage, retrieval, hosting, editing, and/or formatting of such material.

    • Exemption for Censorly-Produced Content (if any):

      To the extent Censorly may be considered a "producer" of any images on the Site, those images are exempt from 18 U.S.C. § 2257 and 28 C.F.R. § 75 for one or more of the following reasons:

      • The produced images do not portray any sexually explicit conduct defined in 18 U.S.C. §§ 2256(2)(A).
      • The produced images do not portray depictions of the genitals or pubic area created after July 27, 2006.
      • The produced images do not portray simulated sexually explicit activity occurring after the effective date of 18 U.S.C. § 2257A.
      • The produced images were created prior to July 3, 1995.

6. Subscriptions and Payments

  • Creator Subscriptions: Creators are responsible for setting their own subscription tiers, pricing, and content offerings on their Creator Sites.
  • Subscriber Payments: Subscribers agree to pay the subscription fees set by Creators to access premium content. Payment processing is facilitated through third-party payment processors chosen by Creators.
  • Payment Processor Integration: Censorly facilitates the integration of payment processors but is not responsible for the payment processing services themselves. Your interactions with payment processors are governed by their respective terms of service and privacy policies.
  • Revenue Sharing: Censorly's business model is based on a one-time site setup fee and optional premium features. Creators retain 100% of their subscription earnings after standard payment processing fees.
  • Refunds and Cancellations: Refund and cancellation policies are determined by individual Creators for their Creator Sites. Subscribers should refer to the terms set by the Creator of the site they are subscribing to. Censorly is not responsible for processing refunds or handling subscription cancellations for Creator Sites.
  • Taxes: You are responsible for all applicable taxes related to your use of the Site, including income tax on earnings as a Creator and sales tax or VAT on subscriptions as a Subscriber.

7. Termination

  • Termination by You: You may terminate your account at any time by following the account cancellation procedures on the Site.
  • Termination by Us: We may suspend or terminate your access to the Site, with or without cause, at any time and without prior notice, including if we believe you have violated these Terms. Reasons for termination may include, but are not limited to: breach of these Terms, illegal activity, infringement of intellectual property rights, or conduct that we deem harmful to the Site or other users.
  • Effect of Termination: Upon termination, your right to access and use the Site will cease immediately. Creators may lose access to their Creator Site and associated data. Subscribers may lose access to subscribed content. Certain obligations and licenses granted by you in these Terms will survive termination.

8. Disclaimers and Limitation of Liability

  • "As Is" Basis: The Site is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.
  • No Guarantee of Uptime or Error-Free Service: We do not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make it available are free of viruses or other harmful components.
  • No Responsibility for User Content or Creator Sites: We are not responsible for User Content or the content, actions, or offerings of individual Creator Sites. We do not endorse any User Content or Creator Sites.
  • Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall Censorly, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Site; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Site; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Site by any third party; (e) any errors or omissions in any content; or (f) user content or the defamatory, offensive, or illegal conduct of any third party.
  • Maximum Liability: In no event shall the aggregate liability of Censorly to you for all claims arising out of or relating to the use of or any inability to use any portion of the Site or otherwise under these terms, whether in contract, tort, or otherwise, exceed the amount you have paid to Censorly in the twelve (12) months prior to the event giving rise to the liability, or if you have not had any payment obligations to Censorly, then one hundred U.S. dollars ($100).
  • Jurisdictional Limitations: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Censorly, its affiliates, directors, officers, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Site; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of another.

10. Governing Law and Dispute Resolution

  • Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
  • Dispute Resolution: Any dispute arising out of or relating to these Terms or the Site shall be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the language of the arbitration shall be English. The decision of the arbitrator shall be final and binding.

11. Changes to Terms

We reserve the right to modify or update these Terms at any time. We will notify you of any material changes by posting the new Terms on the Site and updating the "Last Updated" date at the top of these Terms. Your continued use of the Site after the posting of revised Terms constitutes your acceptance of the changes. It is your responsibility to review these Terms periodically for updates.

12. Entire Agreement

These Terms constitute the entire agreement between you and Censorly regarding your use of the Site and supersede all prior and contemporaneous agreements, understandings, and representations, whether oral or written.

13. Contact Information

If you have any questions about these Terms, please contact us at:

[email protected]

By using Censorly, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.