CREATOR TERMS

LAST UPDATED: JUNE 2024

 

1. Purpose and Scope

These KINO Creator Terms (these “Creator Program Terms”) shall govern your participation in the creator programs offered by KINO Tech, Inc., a US company registered in Delaware with its local offices at the Cumulus Tower, 3333 La Cienega Blvd, Unit 5030, Los Angeles, CA 90016 (“KINO”, “we”, “us” or “our”) through which Creators (as defined below) are eligible to receive payments, rewards or other benefits as determined by us from time to time (each, a “Creator Program”), whether in connection with content and/or services provided by the Creator on the Platform, the Creator’s level of engagement with users on the Platform, or as otherwise determined by KINO in its sole and absolute discretion.

 

Details and policies applicable to Creator Payments (“Payment Terms”) supplement these Creator Terms. By participating in the Creator Program, you acknowledge that you have read, understood and agree to be bound by both these Creator Terms and the terms and conditions set forth in the Payment Terms and any other Program policy documents provided by KINO (“Program Policies”). 

 

In the event of any conflict and/or inconsistency between the provisions of these Creator Terms and the Payment Terms or Program Policies, the applicable Payments Terms or Program Policies shall prevail. When in doubt, you may contact legal@kino.studio for clarification. 

These Creator Terms, Payment Terms, and Program Policies are in addition to any other terms, policies and guidelines that you have agreed to adhere to while using the Platform, including our Terms of Service, Privacy Policy, and Community Guidelines. Capitalised terms used but not defined in these Creator Terms shall have the meaning set out in our Terms of Service or Community Guidelines.

 

These Creator Terms do not replace any separate agreement you might have negotiated directly and independently with KINO.

2. Program Requirements and Deliverables

The Creator Programs are created, managed, and operated by KINO.

2.1 Eligibility for Creator Programs

You must be offered an invitation to join the KINO Creator Program. Any registered KINO user is welcome to apply by contacting creatorprogram@kino.studio, but not guaranteed acceptance to the KINO Creator Program nor will be granted status as a KINO Creator. Where we use the term “Creator” with an uppercase “C” (or “you,” or “your”) in these Creator Terms, we are referring to KINO creators or other KINO users (as the case may be) who have met certain specified criteria as determined by KINO, have been invited to join the KINO Creator Program, and have been granted Creator status by KINO, having met all requirements in these Creator Terms in addition to any other requirements that may be included in other applicable Program policies. KINO has the sole and absolute discretion to modify the Creator eligibility requirements and will be permitted to do so at any time; you should check the latest eligibility requirements that apply prior to each engagement and participation in each Creator Program.

 

  • To be eligible as a Creator, you must (i) have reached the age of majority under the laws of your jurisdiction, (ii) maintain a registered KINO account in good standing, and (iii) be in compliance with our Terms of Service, Community Guidelines, and all applicable laws;
  • Specific Creator Programs have additional eligibility requirements. For example, living in a certain country or having a certain minimum number of followers. In most if not all instances, we require you to complete an application or provide additional information in order to participate;
  • You confirm and agree that all information you submit to KINO in connection with the Creator Programs is up-to-date, accurate, authentic and complete, and you agree to notify us promptly of any changes to the information you have provided to us; and
  • KINO may approve, deny, suspend, or terminate your participation in any or all Creator Programs at any time in its sole and absolute discretion, including if you: fail to meet and/or maintain the applicable eligibility requirements; violate these Creator Terms, any Program Policies, or our Terms of Service or Community Guidelines; or engage in any conduct on or off the Platform that may jeopardize the safety of our community or integrity of the Platform, or interfere with the overall healthy and positive experience of our community or the Platform.

2.2 Program Deliverables

Creator Programs may require you to provide content (including but not limited to creating Shows, personalized content or performing in LIVE events) for participating users or otherwise engage with eligible or selected users via the Platform, or to meet certain user engagement targets for content you provide (such as receiving a stipulated number of follows or views) (collectively, the “Program Deliverables”), in order to be eligible to receive payments, rewards or other benefits under any such Creator Program.

 

The Program Deliverables that must be provided by you before you may be considered eligible for a Creator Program or Creator Payments will be outlined in the applicable Program Policies, and the Program Deliverables must be provided by you before you are able to receive any payments, rewards or other benefits under any such Creator Program.

 

Your eligibility to receive the payments, rewards or other benefits under Section 4 below will also be subject to and conditional on your acknowledgement and agreement that all Program Deliverables you provide will comply with these Creator Terms, Payment Terms, the applicable Program Policies, our Terms of Service, Community Guidelines, and with all other applicable legal requirements.

3. Rights and Licenses

You confirm and agree that you (a) own and have all title to, and rights in, the Program Deliverables (including all title to and rights in any personal data and intellectual property included in the Program Deliverables) and (b) have the right to grant the relevant and applicable licenses (and/or sub-licenses, as the case may be) below to us and our users, including all rights to any third-party material, data or intellectual property in your Program Deliverables. In addition, you confirm and agree that the Program Deliverables and your grant of the licenses (and/or sub-licenses, as the case may be) below do not and will not infringe or violate the rights (including intellectual property rights) of any person or third party. You acknowledge that KINO reserves the right to remove your video or content that contains unauthorized uses of music.

 

You hereby irrevocably grant to KINO and its affiliates, as well as other KINO users, a worldwide, non-exclusive, royalty-free, sublicensable, perpetual or for the maximum time permitted by applicable laws, irrevocable right to use, reproduce, distribute, display, perform, share, and create derivative works of the Program Deliverables in accordance with the specific Program Policies applicable to the relevant Creator Program (“Program License”).

In addition to the Program License, when you create personalized content for a specific user (each, a “Personalized Deliverable”), you hereby irrevocably further grant to such user and to KINO and its affiliates a worldwide, non-exclusive, royalty-free, sublicensable, perpetual or for the maximum time permitted by applicable laws, irrevocable license to use, reproduce, distribute, display, perform, share and create derivative works of the Personalized Deliverable, and further agree that you will not grant any license to the Personalized Deliverable to any other individual, person or entity.

 

You specifically grant KINO and its affiliates permission to use your name, KINO username, image, voice, and likeness in connection with the Creator Program and Program License, including in connection with ads, sponsored gifts, offers, commercial or other branded or sponsored content, and to promote your participation in Creator Programs on and off the Platform.

4. Payments, rewards or other benefits

Creators who fulfill the conditions below will be eligible to receive payments, rewards or other benefits, as specified in the applicable Program Policies in place at the time you provide the Program Deliverables, as full consideration for the Program Deliverables and licenses granted under these Creator Terms and any relevant Creator Program. KINO reserves the right to determine and/or change the payments, rewards or other benefits available under the Creator Programs at any time with reasonable prior notice to you in its sole and absolute discretion; please check the latest payments, rewards or other benefits available under each Creator Program prior to each engagement.

 

You are solely responsible for any and all fees, commissions, or payments due to any third party arising from your receipt of payments, rewards or other benefits resulting from your participation in any relevant Creator Program, including under any collaboration or agency agreement that you enter into related to your provision of services under that agreement or the Program Deliverables.



Conditions:

  • You will be required to complete all onboarding requirements applicable to any relevant Creator Program before you are eligible to receive payments, rewards or other benefits, which may include providing KINO with government identification and tax reporting documentation. You confirm and agree that all information and documentation you provide as part of our payment onboarding requirements is associated with you and is up-to-date, accurate, authentic and complete.
  • You are required to comply at all times with these Creator Terms, any applicable Program Policies, the Terms of Service, and our Community Guidelines, and to refrain from participating or engaging in any conduct on or off KINO that could jeopardize the safety of our community or integrity of the Platform, or interferes with the overall healthy and positive experience of our community or the Platform.
  • You are required to comply with all applicable laws in connection with your use of the Platform, your participation in any relevant Creator Program, and your receipt of payments, rewards or other benefits under these Creator Terms.
  • You must provide and/or link at least one (1) valid, supported digital payment account registered in your full legal name (“Payment Account”) in order to receive payments, rewards or other benefits under these Creator Terms and any relevant Creator Program, and you must maintain a relevant account with the Payment Account provider in good standing and have completed all onboarding requirements with the Payment Account provider truthfully and completely. You shall be responsible for maintaining the status of your Payment Account, and KINO will not be responsible for any delay, failure, or inability to transfer payment to your Payment Account due to any reason out of KINO’s reasonable control, including any technical or operational limitations with the Payment Account provider, and KINO shall not be responsible for any fees or charges relating to the use or operation of your Payment Account.

 

If you fail to meet or comply in full with any of the conditions above, you will not be entitled to receive payments, rewards or other benefits under these Creator Terms and any relevant Creator Program, and KINO will have the right to recover all payments, rewards or other benefits paid out to you under these Creator Terms and any relevant Creator Program.

4.1 Payouts

Any payments, rewards or other benefits accumulated under these Creator Terms and any relevant Creator Program will be calculated in the month following the date that you provided the relevant Program Deliverables or the date when the rewards were earned, or as otherwise specified in the applicable Program Policies. Following the calculation of payments, rewards or other benefits (which may vary by Creator Program), these payments, rewards or other benefits will then become payable to you under that Creator Program, provided that you meet minimum threshold requirements and conditions as set out herein and are in compliance with all applicable laws (“Payable Fees”). You may receive a notification in your account on the Platform, or other notification from KINO, once Payable Fees are confirmed and available for payment

 

Minimum Payment Threshold: To the extent permitted by applicable laws, you will only be eligible for Payable Fees if the total amount of payments accumulated on your account is equal to or exceeds US$50 or the equivalent (“Minimum Payment Threshold”). To the extent permitted by applicable laws, you shall have no entitlement to, and KINO shall have no obligation to you for, any accumulated payments that total less than US$50 or the equivalent in the local currency.

 

To the extent permitted by applicable laws, we reserve the right to withhold any Payable Fees, and you acknowledge and agree that you will not be eligible to receive any Payable Fees, if you violate these Creator Terms, any applicable Program Policies or fail to meet any of the conditions outlined above.

 

Any payment to you carried out pursuant to these Creator Terms and/or the applicable Program Policies may be conducted by third parties acting on our behalf. Please note that the use of any third party payment services are subject to each payment provider’s own terms of service, conditions, rules, and policies, over which we have no control. It is your responsibility to read and understand each payment provider’s terms and policies and to decide whether to proceed. 

For the avoidance of doubt, neither KINO nor any Payment Service Provider is acting as your agent in collecting any payments from any person (including payments from KINO or any other KINO user) or in any other fiduciary role for you in respect of any payment carried out pursuant to these Creator Terms.

4.2 Taxes

You acknowledge and agree that you shall have the sole responsibility and liability for any and all taxes, contributions, commissions, or other sums arising out of the Payable Fees that you receive from KINO under these Creator Terms and any relevant Creator Program. You further acknowledge and agree to authorize KINO to withhold from such payments to you any amounts it believes it is required to withhold and pay over to any governmental authority under any applicable law. Each party shall be responsible for the tax which shall be borne by itself in accordance with any applicable laws or regulation. All payments made under these Creator Terms or any relevant Creator Program shall be tax-inclusive.

4.3 No promises

There are no representations, warranties or guarantees, express or implied, about whether you will receive payments, rewards or other benefits pursuant to any Creator Program, and any payments, rewards or other benefits you may be eligible to receive from KINO do not and will not reflect or guarantee your entitlement to any future payments, rewards or other benefits.

5. General Provisions

5.1 Indemnification

You agree to defend, indemnify, and hold harmless KINO, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, consultants, contractors, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of your breach of these Creator Terms and the applicable Program Policies. For the avoidance of doubt, KINO shall have the right at all times to retain and set off against the Payable Fees or any other amounts due and payable to you for any amounts as incurred by KINO under this section.

5.2 Limitation of Liability

Your participation in any relevant Creator Program is at your sole risk. Creator Programs are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

 

You expressly understand and agree that, to the maximum extent permitted by applicable laws, KINO shall not be liable to you 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 resulting from the use/participation of or inability to use/participate in any relevant Creator Program. Our aggregate liability to you will not exceed the monthly average amount of fees paid or payable to you under these Creator Terms or any applicable Program Policies in the twelve (12) months preceding the date giving rise to the most recent claim of liability.

5.3 Relationship between You and KINO

You and KINO are, and will remain at all times, independent contractors, and nothing in these Creator Terms and the applicable Program Policies will be construed to create an employment, agency, partnership, joint venture, fiduciary, representative or any other relationship between you and KINO or any third party. For the avoidance of doubt, neither KINO nor any of its affiliates is acting as your agent in collecting any payments from any person (including, but not limited to, payments from KINO or from any user of the Platform) or in any other fiduciary role for you in respect of any payment carried out pursuant to these Creator Terms and the applicable Program Policies, and you acknowledge and understand that you are not an employee of KINO and shall accordingly not be entitled to (and also hereby waive to the maximum extent allowed by law) any benefits provided or rights guaranteed by KINO, or by operation of law, to its respective employees, including but not limited to group insurance, liability insurance, disability insurance, vacation, leave, retirement plans, or unemployment insurance. You will not represent yourself to be a KINO employee, representative, or agent. You acknowledge and understand that you do not have any authority to bind KINO in any manner or form, or enter into any agreement or incur any liability on behalf of KINO.

5.4 Modification

We reserve the right, in our sole discretion, to modify these Creator Terms from time to time, for instance when we add or modify any relevant Creator Program or features or when there are regulatory changes that impact these Creator Terms.

 

We may notify you of any material changes to these Creator Terms that may impact your rights or obligations and, where applicable, through your most recent contact information. If you do not agree to any material updates to these Creator Terms, you must terminate these Creator Terms as provided in Section 5.5 (Termination) below. Such updated Creator Terms will constitute a new binding agreement between you and us. For the avoidance of doubt, the updated Creator Terms will supersede the existing ones, with the effective date provided in the notice or the push notification. Your continued participation in the Creator Program(s) after you have received the notice or the push notification constitutes your acceptance of the updated Creator Terms.

5.5 Termination

Termination or suspension of your participation in a Creator Program

We may terminate or suspend your participation in any relevant Creator Program immediately in our sole and absolute discretion:

  • if we have reason to believe you have or are planning to violate these Creator Terms, any applicable Program Policies, our Terms of Service or Community Guidelines, or including, without limitation, for failure to meet or maintain the eligibility requirements;
  • if you become involved in any situation or occurrence that could reflect unfavourably upon you or KINO, including if you conduct yourself on or off KINO in a manner that violates our Community Guidelines or jeopardizes the safety of our community or KINO’s brand and/or public image;
  • if you fail to deliver the Program Deliverables or otherwise comply with the requirements under these Creator Terms and/or the applicable Program Policies;
  • if KINO discovers or reasonably suspects that you have violated any applicable laws, regulations or requirements where you live or where KINO operates; or
  • for any reason or for convenience.

 

Termination is effective immediately, and KINO will promptly notify you of such termination.

If you wish to terminate your participation in any relevant Creator Program, you may contact KINO directly as provided for below in Section 5.10.

 

Upon termination by either you or KINO, KINO shall have no further payment obligations to you. However, where the Payable Fees at the time of termination exceed the Minimum Payment Threshold, KINO may, at its sole and absolute discretion and to the extent permitted by applicable laws, pay all such undisputed amounts that were accrued by you in compliance with these Creator Terms and any relevant Creator Program to you within a reasonable time after termination. However, if we terminate your status as a Creator and/or your participation in any relevant Creator Program for violations of these Creator Terms, the applicable Program Policies, our Terms of Service, or our Community Guidelines, you hereby forfeit all Payable Fees accrued but not yet transferred to your Payment Account as of the effective date of termination, and KINO may withhold any amounts otherwise payable to you, to the extent permitted by applicable laws, at its sole and absolute discretion. Creators whose status as a Creator and/or participation in any relevant Creator Program is terminated by KINO shall be ineligible to re-apply as a Creator, unless KINO determines otherwise in writing in its sole and absolute discretion.

Termination or suspension of a Creator Program.

 

KINO may partly or fully terminate or suspend a Creator Program with reasonable notice to you in its sole and absolute discretion, including if:

  • there are changes in circumstances beyond KINO’s reasonable control;
  • there are technical problems with a Creator Program that cannot be resolved within a reasonable time; or
  • where changes in relevant law, a court decision or a decision by a regulatory authority prohibits a Creator Program in part or in full.

 

If KINO partly or fully terminates or suspends a Creator Program for any of the above reasons, we will issue the Payable Fees you are entitled to under the Creator Terms, unless prohibited from doing so by a court or regulatory authority.

Each of you and KINO expressly agrees to waive and set aside our respective rights and obligations under any applicable law in the event and to the extent that such law requires any judicial pronouncement for the termination of these Creator Terms.

5.6 Governing law and jurisdiction

In the event of a dispute between you and KINO arising out of or relating to these Creator Terms, the dispute will be resolved pursuant to our Terms of Service.

5.7 Waiver

The failure of KINO to exercise any rights granted herein upon the occurrence of any of the contingencies set forth in these Creator Terms shall not constitute a waiver of such rights.

5.8 Assignment

You may not assign, transfer, or delegate any rights or obligations contained in these Creator Terms. KINO may assign these Creator Terms at its sole and absolute discretion without prior notice to you.

5.9 Language

These Creator Terms have been prepared in the English language and other language(s). In the event of any inconsistency or different interpretation between the English text and the text in the other language(s), the English text shall prevail and the relevant text in the other language(s) shall be deemed to be automatically amended to conform, and to make the relevant text in the other language(s) to be consistent, with the relevant English text.

5.10 Contact us

If you have any problems in relation to your participation in any relevant Creator Program, or have a question concerning any aspect of these Creator Terms and the applicable Program Policies, please contact us at Settings and privacy > Support > Report a Problem.

 

Supplemental Terms - Show Program Policies

The terms and conditions as set forth below under the Show program policies (the “Show Program Policies”) supplement the Creator Terms. Capitalised terms used but not defined in these Program Policies shall have the meaning set out in our Terms of Service, the Creator Terms or Community Guidelines. In case of any inconsistency between the Program Policies, the Creator Terms, the Terms of Service and/or Community Guidelines, the Program Policies shall prevail.

1. What are Creator Shows?

“Shows” are part of the KINO Creator Program where Creators, as independent contractors of KINO, create and upload collections of videos onto the Platform and other KINO users are able to access and view such content via their accounts on the Platform upon successful subscription to KINO (“Members”). Shows can only be viewed on the Platform.

2. Creator Eligibility Criteria:

  • You must have reached the age of majority under the laws of your jurisdiction;
  • You must have been invited to create a Show by KINO;
  • You have accepted your invitation to join the KINO Creator Program; 
  • You meet all necessary requirements as defined by KINO;

3. Program Deliverables

The Program Deliverables are the collections of videos (each, a “Show Series”) to be uploaded by you on the Platform, which other KINO users are able to access and view via their accounts on the Platform upon successful subscription as a KINO Member.

Program Deliverables included but are not limited to:
1 Show per Week

Shows must be no less than 20 minutes in length 

 

Please contact creatorprogram@kino.studio for more information.

4. Payment

Payments are determined by the Payment Terms, and any special or independent terms as negotiated between you and KINO. KINO pays out specific payments, including monthly payments (“Base Pay”), based on the performance of your Show, Show Series, general account engagement, short form videos (“Clips”), and other metrics as defined by KINO. 

5. Additional Policies

  1. You acknowledge and confirm that once you have uploaded and published your Show Series, you will not be able to delete them without the express written consent of KINO. You may have the option to delist your Show Series, and may contact creatorprogram@kino.studio, your Creator Producer, or a member of Team KINO to inquire about this process.
  2. In addition to the license terms you grant to KINO and its affiliates set forth in the Creator Terms, by listing your Show Series, you hereby irrevocably grant to any Members a worldwide, non-exclusive, royalty-free, non-sublicensable, perpetual or for the maximum time permitted by applicable laws, irrevocable right to access and view such content in accordance with these Program Policies ("Purchaser License").
  3. You acknowledge and confirm that the Purchaser License as set out in Section 5(B) above will survive your account's deletion, suspension and termination, and/or the delisting of your Show Series whether by KINO or by your own action.