1. Introduction

These Terms for Creators are additional terms that apply if you use our website as a Creator (also referred to as "you" and "your" in these Terms for Creators). These Terms for Creator are part of your agreement with us.

Other terms which will apply to your use of Vionette LTD: The following terms will also apply to your use of our site and you agree to them:

• Our Terms of Use for all Users
• Our Privacy Policy – which tells you how we use your personal data and other information we collect about you
• Our other policies, which apply to Creators as users of our site.

Interpretation

Definitions in these Terms of Use for Creators have the same meanings as in the Terms of Use for all users.

• "VAT" means value-added tax in Cyprus and any other tax levied in addition thereto or in lieu thereof at the rate charged from time to time, and any equivalent or similar national, state, federal, provincial or municipal indirect tax, levy, fee, duty, toll or charge in any other jurisdiction; and
• "Taxes" includes all forms of taxes and statutory, governmental, state, national, federal, provincial, local governmental or municipal levies, contributions, withholdings or obligations wherever levied, whether in Cyprus or in any other jurisdiction.

2. The fee we charge Creators for using our website

We do charge you commission fee on the Diamonds transferred by Users (excluding any element of VAT in User payments) ("Our Commission"), and payments are also subject to payment system fees. Commission fee size is available at the time of withdrawal and varies by the amount. The actual fee is shown in the dedicated section of withdrawal window. The Diamonds (excluding any element of VAT on User payments) are paid to you and are Creator Revenue.

3. How to set up your account as a Creator account:

1. After registering on our website as a User, on the home page of our website, you need to click on the "Become a Model" button
2. Next, a menu will open where you need to specify your contact information, such as Email, First and Last names, your country, region and city.
3. After passing the previous step, you have to upload your face photo, face and ID photo, date of expiry of ID, and your date of birth.
4. On your user account page, you will need to add your bank account payment details or select an alternative method of paying the commission.
5. You can then start adding Content and Users will be able to subscribe and to your profile and proceed with payments for your Content.
6. If you lose access to your account, you can reset your password, but to do so you will need to know the email address used to set up your account. If you do not remember the email address used to set up your account, we may require you to provide identification and photographs and any additional evidence we may reasonably require to verify your identity.

4. Intellectual Property Rights

1. You grant us a license to use your Content for any purpose related to Vionette LTD. This includes reproducing, displaying, distributing, translating, and creating adaptations or derivative works of your Content.
2. The license is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable, and transferable. This means it continues even after you stop using Our services, we don’t pay you for it, and we can sublicense or transfer it. We will use this license to enhance and share your Content on Vionette LTD but will never sell your Content to other platforms. We may transfer this license if our company or assets are sold.
3. You allow us to submit copyright or trademark infringement notifications on your behalf to third-party sites. We may do this at our discretion but are not obligated to monitor infringements. You agree to provide necessary consents and information if we request it.
4. You waive any moral rights to object to modifications of your Content (e.g., adding watermarks, stickers) as allowed by the license. This does not affect your ownership or rights to prevent unauthorized copying of your Content.

5. Personal Legal Responsibility of Creators

Only natural persons can be Creators. Each Creator is personally responsible for compliance with these Terms and Conditions. If you have an agent, agency, or any other third party who maintains your Creator account this does not affect your personal legal responsibility. Our relationship is with you personally, not with any third party, and you are legally responsible for ensuring that all posted Content and any use of your account complies with these Terms.

6. User/Creator Transactions

1. All Transactions between the User and the Creator take place in Diamonds.
2. When you receive confirmation from us on the "Notifications" page of your Creator account or by email (or both) that a User's transaction has been confirmed, you must honor your part of that transaction (for example, by allowing the User to view Content on your account). You agree that you will indemnify us for any breach of this obligation by you (which means that you will be liable for any loss or damage (including loss of profit) that we suffer as a result of your failure to comply with this obligation).

7. Terms and Conditions of Content Provision

1. Your Content is not confidential and you authorise Users to access and view your Content for their personal use and in accordance with any licences you grant to your Users.
2. You ensure that for each piece of Content that you publish, display, upload or post:
   • The Content fully complies with these Terms
   • You have all rights necessary to licence and sell your Content, including in each territory where your Users are located
   • You either own your Content (and all intellectual property rights therein) or have a valid licence to offer and make the Content available to your Users
   • If your Content includes or uses any third party material, you have obtained all rights, licences, written consents and permissions necessary to use such third party property in your Content and to further use and exploit that Content
3. Content:
   • Satisfactory quality, taking into account any description of the Content, price and all other relevant circumstances, including any statement or representation you make about the nature of the Content in your account or in any advertisement
   • Matches the description you posted.
4. In the event of a breach of warranty, you agree that you will be liable to us and indemnify us. This means that you will be liable for any loss or damage (including loss of profit) we suffer as a result of any warranty not being honoured.
5. We are not responsible for and do not endorse any aspect of any Content posted by you or any other user. We have no obligation to monitor any Content and have no direct control over what your Content may contain.
6. You also agree to act as a record holder of Content that you upload to our website.

8. Advertising

1. If you post or upload video content to your Creator account that is intended to directly or indirectly promote third-party goods, services, or images in exchange for payment, other valuable consideration, or for self-promotional purposes (including advertising, sponsorship, and product placement) (collectively, "Promotional Content"), then you must comply with the requirements set forth in the following section.
2. You must ensure that any Promotional Content you post to your Creator account does not:
   • Is a violation of human dignity
   • Includes discrimination on any ground
   • Encourage behaviour that is detrimental to health or safety
   • Directly induce people to buy or rent goods or services by exploiting their inexperience or gullibility
   • Directly encourage people to persuade others to buy or rent goods or services
   • utilise people's trust in others
3. Does not advertise cigarettes or other tobacco products, e-cigarettes or e-cigarette refill containers, drugs or any prescription-only medication
4. Does not advertise, promote or facilitate illegal gambling
5. With respect to any Alcoholic Beverage Advertising Content, is not directed at minors and does not encourage the immoderate consumption of alcohol.
6. Transparency Requirement. You must declare that any Advertising Content you post or upload contains an advertisement by including the #ad designation in the caption of the Advertising Content before posting or uploading it.

9. Disbursements to Creators

1. Payments to Creators are made by exchanging the Diamond in the Creator's balance for fiat funds using payment systems selected by us and available on the Creator's page. The payment is subject to fees taken by the platform. The fee schedule is detailed in clause 2. Withdrawal is possible once a week or less often.
2. Your account will be upgraded in a reasonable amount of time based on your income.
3. To exchange Diamonds for fiat funds you will need to reach the minimum number of Diamonds for withdrawal. Please click on the banking page in your account to find out the minimum payout amount for your country of residence and payout method.
4. The amount shown in your 'current balance' reflects your Creator Earnings at that time. All Creator Earnings are processed in Tokens. If you select the Payout Option, your Creator Earnings will be displayed in your selected currency, based on an exchange rate determined by us. Your e-wallet company may impose a fee for accessing the funds. We do not control currency exchange rates or the fees charged by your e-wallet or bank, and neither we nor our subsidiaries are responsible for these charges.
5. You can review the exchange fee in dedicated section on our website
6. If a User successfully seeks a refund or chargeback from their credit card issuer in respect of a Transaction, we may investigate and decide to deduct from your account an amount equal to the number of Diamonds purchased with that Transaction.

10. Circumstances Under Which We May Hold Creator Diamonds

1. We may retain all or any part of your Diamonds owed to you but not yet paid:
   • if we believe that you have seriously or repeatedly violated any part of the Terms of Use
   • if we have reason to believe that you may breach any part of these Terms in a manner that we believe has or may have serious consequences for us or another User (including actual or potential damages to us or another User)
   • if we suspect that all or any part of the Creator Diamonds are the result of illegal or fraudulent activity on the part of Creator or the User
   • for as long as is necessary to investigate your actual, threatened or alleged breach or suspected unlawful activity (as applicable). If, after our investigation, we conclude that (i) you have breached any part of the Terms; (ii) you have attempted or threatened to breach any part of the Terms in a manner that has or may have serious consequences for us or another User (including actual or potential damages to us or another User); and/or (iii) the Creator Revenues are the result of illegal or fraudulent activity, we may withhold in our favour any Diamonds held by you.

• We may also withhold all or any part of a Diamond owed to you but not yet paid if we receive notice that you have secured, encumbered, pledged, assigned or otherwise authorised a lien on the Diamonds. We have no obligation to pay Diamonds to anyone other than you and may suspend payment until the lien is removed.
• We shall have no liability to you if we withhold or deprive you of any of your Diamonds where we have the right to do so under these Terms and Conditions for Creators.
• If we withhold all or any portion of the Diamonds owed to you and determine that the portion of the Diamonds withheld by us is not related to your breach of these Terms or alleged illegal or fraudulent activity, we may pay fiat for the portion of the Diamonds that we believe is not related to your breach of these Terms or alleged illegal or fraudulent activity. However, you agree that if we believe that your breach(s) of the Terms has resulted or may result in a loss, we may withhold all Diamonds due to you but not yet paid, and we may set off such amounts against any losses we incur.

11. Facilitating Compliance with Tax Legislation

General Provisions:

1. We strongly recommend that all Creators obtain professional advice to ensure that you are compliant with the tax and VAT payment rules based on the rules of your jurisdiction.
2. By using our website 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 our website to the appropriate tax authority in your jurisdiction as required by law.
3. By using the Website as a Creator, you warrant that you will at all times comply with all tax laws and regulations applicable to you. If at any time while you have an account, any tax non-compliance (including your failure to report income or the imposition on you of any penalties or interest related to taxes) or if any legal process, investigation is initiated against you that involves or may result in any instance of tax non-compliance, you agree that you:
   • notify us by email at finance@vionette.net in writing within 7 days of the occurrence or commencement of the litigation, enquiry or investigation (if applicable); and notify us immediately:
   • Details of the steps you are taking to remedy the Tax Law violation and prevent its recurrence, as well as any mitigating factors you consider relevant; and
   • any information in relation to the Tax Inconsistency that we may reasonably require.
4. For the avoidance of doubt, you are responsible for your own tax affairs and we and our subsidiaries (i) are not responsible for advising you on your tax affairs and are not liable in respect of any general information provided to us and (ii) are not liable for any failure to pay taxes by Creators.
5. We reserve the right to terminate your account if we are notified or become aware of any failure by you to comply with tax legislation.