These Creator Terms are additional terms which apply if you
use Sesire as a Creator (also referred to as "you" and "your").
These Creator Terms form part of your agreement with us.
In these Creator Terms, defined terms have the same meanings given to them in the Terms of Service. In addition:
"Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the UK or any other jurisdiction.
The following terms will also apply to your use of Sesire and you agree to them:
which does not form part of your agreement with us, but which governs and sets out the terms applicable to each Creator/Community Interaction you enter into on Sesire
i. If you are also a Creator, the Creators Terms will apply to your use of Sesire as a Creator; and
ii. If you participate in the Sesire Referral Program, the Referral Program Terms will also apply.
We charge a fee to you of fifteen per cent (15%) of all Payments made to you (“Our Fee”). The remaining eighty five per cent (85%) of the Payment is payable to you (called "Creator Earnings"). Our Fee includes the costs of providing, maintaining and operating Sesire and storing your Content. Our Fee is deducted from all Payments, and Creator Earnings are paid to you in the way described in the Payout section below.
3. To set up your Account as a Creator Account:
You will need to upload a valid form of ID and two photos of you;
On your Account, you will need to add a bank Account or payment details of your bank account or a payment method;
On your Account, you will need to to select one of the available methods provided by Sesire as to how your Creator Earnings will be transferred to you. These methods are called Payout Options;
You may also need to submit additional information depending on the country where you live;
We may ask you for additional age or identity verification information at any time. We may reject your application to set up a Creator Account for any reason;
Once you have set up your Account you will then be able to start adding Content and Users will be able to become part of your Community, enabling them to purchase and / or subscribe to your Content;
If you lose access to your Account, you can reset your password, but you will need to know the email address used to set up the Account to do so. If you do not recall the email address used to set up the Account, we may require you to provide identification documents and photos and any additional evidence we may reasonably require to prove your identity
Only individuals can be Creators. Every Creator is bound personally by the Terms of Service. If you have a third party which assists you with the operation of your Creator Account (or operates it on your behalf), this does not affect your personal legal responsibility. Our relationship is with you, and not with any third party, and you will be legally responsible for ensuring that all Content posted and all use of your Account complies with the Terms of Service.
4. Creator / Community Interactions:
All Interactions are contracts between Creators and their Community and are subject to the terms of the Creator / Community Contract. Although we facilitate Interactions by providing the Sesire Platform and storing Content, we are not a party to the Creator / Community Contract or any other contract which may exist.
When you receive confirmation from Sesire, either in the ‘Statements’ page of your Account or by email (or both), that the Payment has been confirmed, you must perform your part of the Interaction. You agree that you will indemnify us for any breach by you of this obligation.
Your Content is not confidential, and you authorise your Community to access and view your Content on Sesire for their own lawful and personal use, and in accordance with any licences that you grant.
You warrant that for each item of Content which you post, display, upload or publish on Sesire:
You agree that you will be liable to us and indemnify us if any of the warranties are untrue. This means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the warranties being untrue.
We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of Sesire. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
You also agree to act as custodian of records for the Content that you upload to Sesire
You agree that the following standards apply to all Content and that, in their entirety, must comply with all applicable federal, state, national, provincial, local, and international laws and regulations. Content must not:
6. Collaborative Content:
If you upload Content to your Creator Account which shows anyone else other than or in addition to you (even if that person cannot be identified) ("Collaborative Content"), you warrant that each individual shown in any Collaborative Content uploaded to your Account is a Verified Creator on Sesire.
You further warrant that you have obtained and keep on record written consent from each individual shown in your Collaborative Content that such individual:
has given their express, prior and fully informed consent to their appearance in the Collaborative Content; and
has consented to the Collaborative Content in which they appears being posted on Sesire
In addition to the confirmations above, you agree that if you upload Collaborative Content you will tag the Sesire Account(s) of any person or people appearing in the Collaborative Content
If any Collaborative Content is a work of joint authorship, you are solely responsible for obtaining any required licences or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on Sesire.
You agree that we will only arrange for Creator Earnings to be paid to the Account of the Creator to which the Collaborative Content is uploaded. The Creator who uploaded the Collaborative Content is solely responsible for dividing and distributing any revenue generated from the Collaborative Content between the individuals shown in such Collaborative Content.
You agree to release us from and not to make any claims against us arising from Collaborative Content. You agree that all claims arising from Collaborative Content shall be made against the Creator(s) who posted Collaborative Content or the individual(s) who appeared in the Collaborative Content (as applicable).
7. Payouts to Creators:
All Payments will be received by a third-party payment provider approved by us;
Our Fee will be deducted from the Payment received and your Creator Earnings will be held by us or one of our subsidiary companies on your behalf;
Your Sesire Account will be updated within a reasonable time with your Creator Earnings. Your Creator Earnings will become available for withdrawal by you from your Sesire Account once such Creator Earnings appear in your Sesire Account;
To make a withdrawal of Creator Earnings from your Sesire Account, you must have at least the minimum payout amount in your Sesire Account. Please click on the Banking page on your Account to see what the minimum payout amount is for your country of residence and Payout Option;
Sesire can facilitate Payments in both fiat (USD) and crypto currency (USDC) only. We may alter this from time to time and the use of any currency is at our sole discretion.
The amount that you see in your ‘current balance’ in your Sesire Account is your available Creator Earnings at the relevant time. Your bank / e-wallet provider may charge you currency conversion or transfer fees to receive the money. We do not have control over currency exchange rates or charges imposed by your bank or your e-wallet company, and we will not be responsible for paying any charges imposed.
If any User successfully seeks a refund or chargeback from their credit card provider in respect of a Payment made to you, we may investigate and may deduct from your balance an amount equal to the Creator Earnings earned by you on the charged-back or refunded amount; and
Except for Payout Options involving payment by direct bank transfer and crypto payments, we do not store any data disclosed by you when you register your Payout Options with a third-party payment provider.
8. Circumstances in which we may withhold Creator Earnings:
We may withhold all or any part of the Creator Earnings due to you but not yet paid out:
if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
if you attempt or threaten to breach any part of the Terms of Service in a way which we think has or could have serious consequences for us or another User; or
if we suspect that all or any part of the Creator Earnings result from unlawful or fraudulent activity, either by you or by the User who made the Payment resulting in the Creator Earnings.
for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User, and/or (iii) the Creator Earnings result from unlawful or fraudulent activity, we may notify you that you have forfeited your Creator Earnings.
We may also withhold all or any part of the Creator Earnings due to you but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on Creator Earnings. We undertake no duty to pay Creator Earnings to third-party lienholders and may withhold payment of Creator Earnings until the lien has been removed.
We shall not have any responsibility to you if we withhold or forfeit any of your Creator Earnings where we have a right to do so under these Creator Terms.
If we are withholding all or any part of the Creator Earnings due to you and we determine that part of the Creator Earnings withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity, then we may arrange for you to be paid the part of the Creator Earnings which we determine to be unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all Creator Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.
If once we have finished our investigation we determine that Creator Earnings are forfeited, we will (unless prohibited by law) use our best efforts to ensure that any Payments which resulted in forfeited Creator Earnings are returned to the relevant User who paid such Payments.
9. Promoting Tax compliance:
We recommend that all Creators seek professional advice to ensure you are compliant with your local Tax rules, based on your individual circumstances.
By using Sesire as a Creator, you warrant that you have reported and will report in the future the receipt of all payments made to you in connection with your use of Sesire to the relevant Tax authority in your jurisdiction, as required by law.
By using Sesire as a Creator you warrant that you will at all times comply with all laws and regulations relating to Tax which apply to you. If, at any point whilst you have an Sesire Account, any Tax non-compliance occurs in relation to you (including a failure by you to report earnings or the imposition on you of any penalty or interest relating to Tax) or if any litigation, enquiry, or investigation is commenced against you that is in connection with, or which may lead to, any occurrence of Tax non-compliance, you agree that you will promptly notify firstname.lastname@example.org in writing within 7 days
For the avoidance of doubt, you are responsible for your own Tax affairs and we are not responsible for advising you on your Tax affairs and will not be liable in respect of any general information provided on Sesire or by email@example.com in respect of Tax, and will not be liable for any non-payment of Tax by Creators.
We reserve the right to close your Sesire Account if we are notified of or become aware of any Tax non-compliance by you.