Terms
Welcome to Lyvely!
To summarize: by using Lyvely you agree to these terms.
These are Lyvely’s Terms of Use, and they apply to all users of the Lyvely platform. “We,” “our,” and “us” refer to Lyvely, Inc. “Lyvely” refers to this platform and all of the services offered by us, across our website, platform and any other place we may operate. By using Lyvely, you agree to these terms and the Privacy Policy and Community Guidelines. For information about our data practices, please see our Privacy Policy and our Cookie Policy.
Your account
To summarize: You must be at least 16 years old to use Lyvely. You are responsible for your account.
When you create an account, you must provide us with accurate information, and you agree to keep your information updated if it changes. To create an account or otherwise use Lyvely, you must be at least 16 years old and you must also be old enough to consent to the processing of your personal data in your country (in some countries we may allow your parent or guardian to do so on your behalf). You must be at least 16 years old or have your parent’s or legal guardian’s permission to have a creator page on Lyvely or to purchase an offering or subscription on Lyvely. You must be at least 18 years old to subscribe to an Adult/18+ creator or purchase an offering related to such a creator. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us immediately if you believe your account is compromised. You can learn more about security in our Security Policy
Abusive conduct
To summarize: Be responsible and don’t violate our terms or policies.
You are responsible for all activity on your account. If you violate our terms or policies, we have the right toterminate your account. Don’t do anything illegal, abusive towards others, or anything that abuses Lyvely in a technical way, or that exploits Lyvely in an intentional or unintended manner that is detrimental to us, like using Lyvely as a storage platform. You can find more detailed information in our Community Guidelines and Security Policy. These terms and our policies cover most issues, but, if you find a new and creative way to hurt Lyvely or our community, we have the right to take action to prevent it.
Being a Lyvely creator
To summarize: A Lyvely creator is someone who creates a page on Lyvely to engage with individuals or businesses who pay to access content or pay for a membership, or any other offerings on Lyvely to support the creator’s digital services or content.
Creator Page
To become a creator, simply build your profile page, connect to monetization, and start offering digital services, accepting tips, or launch a content subscription. When you join Lyvely, you become part of the Lyvelycommunity. With Lyvely, you can provide your fans and followers with something explusive that gives them special benefits and more personal access to you and your community. This allows you to build sustainable revenue and brand equity, which you own and control.
Payments
As a creator on Lyvely, you are a seller on Lyvely. You have the opportunity to sell digital goods and services on Lyvely, either on a one-time basis, or via monthly memberships, which are automatically-renewingsubscriptions. Where supported, the payment processor automatically convert the prices of offerings and subscriptions into the (buyer’s) local currency, based on a currency conversion rate that is dictated by the payment processor. Lyvely handles payments issues on your behalf such as fraud, chargebacks, and resolution of payments disputes. We provide timely access to the funds you’ve earned on Lyvely, which is a disbursement schedule dictated by the payment processor (Mamo Pay and Stripe) and not the Lyvely platform. We have some of the fastest payouts in the industry, however due to a variety of factors including bank holidays, scheduled maintenance and other system/network factors, you may occasionally experience delays in disbursements.
To make sure Lyvely is a safe community for everyone, we are required to have all creators sharing sexually explicit creations or creations that include nudity agree to certain additional requirements. If you are an Adult/ 18+ creator, then you agree to verify that you are over the age of 18 through the means requested by us, to verify that each person depicted in your creations is over the age of 18, and to obtain each such persons’ written consent to participate in your creations. A consent form template that you may use for this purpose is located in our Help Center, where you may get additional information about these requirements. You agree that you will promptly provide us with this proof of age verification and consent if we request it.
Being a buyer on Lyvely
To summarize: A Buyer on Lyvey is someone who subscribes to a Lyvey creator and/or makes a purchase on Lyvey. Through a subscription or offering on Lyvey, Buyers may receive benefits and directly interact with Lyvely creators using tools supplied by us, and, through Lyvey, have the opportunity to engage with a community of supporters (Buyers) and creators.
As a Buyer, you are supporting a creator and may receive special benefits like shoutouts, exclusive creations, or special access. You may pay on a one-time or automatically-renewing subscription basis as specified as you choose; Lyvey is the billing entity that is associated with this charge.
The timing and amount of each subscription or offering depends on the type of subscription or offering you select and the creator you support. You can see the details prior to purchasing the offering or starting the subscription and you can view all your active subscriptions and your billing history.
Subject to these terms and full payment of all applicable charges, to the extent a subscription or offering includes access to one or more of a creator’s creations, you receive a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and view those creations for your own private, personal, non-promotional, non-commercial use. Creations you gain access to in this manner will generally continue to be available to you, but may become unavailable at any time as described below.
In addition to one-time purchases, there are content memberships available which are automatically renewing subscriptions offered on Lyvely from certain Creators. This is a monthly subscription where you pay per month. Paid subscriptions to a Creator automatically renews monthly until you cancel via your membership settings.Your recurring charge date may be earlier than the date you first subscribed for reasons including, for example, differences between your timezone and the timezone in which our billing systems operate and your most recent previous charge date being earlier due to variances in the length of months. The amount you are charged for a membership subscription may increase with notice to you. This enables creators to, for example, adjust membership prices to account for increased costs, new or different benefits, or other changed circumstances, just like any other business. Similarly, this enables Lyvely to, for example, account for new currency exchange rates by refreshing the conversion rate applied when a Buyer pays in a currency different than the one chosen by the creator. Lyvely does not control the payment processing fees or applicable tax that you may be charged and this amount may increase without notice to you, as it does with us.
You may cancel your creator subscription and recurring payments at any time, as described above.
Canceling your membership will result in your loss of access to membership subscription benefits, including a creator’s members-only posts and other benefits. You may also lose access to offerings you’ve purchased and membership subscription benefits if, for example and as applicable, your payment method fails, or the creator who you are subscribing to blocks you, or if the creator stops making offerings and/or memberships available on Lyvely, the creator deletes their Lyvely account, the creator removes a members-only post or offering from their Lyvely account, we remove the creator from Lyvely, or we remove a post or offering from from a creator’s Lyvely account.
Membership subscriptions and offerings vary and we have limited control over the quality and specific benefits. We routinely screen for fraudulent creator pages, but cannot guarantee the identity of creators or the validity of any claims they make. We appreciate your help reporting any suspicious creator pages so we can keep the Lyvely community safe.
If you are located in a jurisdiction in which Lyvely is required to charge and collect tax, for example VAT or sales tax, then this tax is added to the total charge. Except in limited circumstances, this tax is shown to you when purchasing an offering or starting a paid subscription. Lyvely remits all tax collected to the applicable taxing authority. As tax is largely dependent on your location, you agree to keep your location complete and up to date in order to enable accurate collection of taxes.
If you pay in a currency that is different from the currency associated with your payment instrument, then the financial institution associated with that payment instrument may charge you a foreign transaction fee for that payment. We are not applying this fee and have no control over it, have no knowledge of whether the fee is applied, and do not receive any of the funds from that fee.
Even if you pay in the same currency as the currency associated with your payment instrument, when your payment is processed in a country different from the one associated with your payment instrument, then the financial institution associated with that payment instrument may charge you a foreign transaction fee for that payment. We are not applying this fee, have no knowledge of whether the fee is applied, and do not receive any of the funds from that fee, but our choices about payment processing may impact or otherwise give rise to this fee.
Refunds. Our policy is not to provide refunds, including if you lose access to offerings and/or membership subscription benefits as described above, though we may allow for some exceptions where refunds are granted at our sole discretion. You can learn more here (Refund Policy)
Lyvely’s role
To summarize: We may look at some pages and posts on Lyvely and review reported pages to identify potential violations of our terms and our policies.
We look at some pages and posts on Lyvely to enforce these terms and our policies, including our Community Guidelines. We also investigate reports of potential violations. These investigations may take a while to resolve and, primarily because Lyvely may be exposed to risk based on what is done with funds earned on Lyvely, may include reviewing activity outside of Lyvely.
In most situations, we will work with creators and their supporters (Buyers) to resolve any potential policy violations and allow the creator or Buyer to continue using Lyvely. Lyvely may terminate creator or Buyeraccounts when we believe it is necessary to protect creators, buyers, Lyvely, or the broader community, but it is not an action we take lightly.
As a global company based in the UAE, with operations in other countries, we must comply with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control (“OFAC”) of the United States Department of the Treasury. This means that we cannot take part in transactions that involve designated people, places, or items that originate from those places, as determined by agencies like OFAC.
Account deletion
To summarize: You can delete your account via your Lyvely account settings. You can also permanently delete your account at any time by sending a message to us at data@lyvely.com. In the case where a creator operates within the Lyvely platform maliciously or against community guidelines, we reserve the right to terminate or disable this creators account. We can also remove any descriptions, posts, offerings, or benefits that may be posted if it violates our community guidelines. You may not bring a claim against us for suspending or terminating yours or another person’s account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys’ fees and costs. These terms remain in effect even if you no longer have an account.
Your creations
To summarize: Creators keep full ownership of their creations and keep full ownership of what they post on Lyvely, but give us permission to use them as part of Lyvely’s services. For example, we may use your content for promoting the work of our creators and community, such as by making a post on our social media or other platfroms that we are actively promoting our platform, services and ecosystem. Make sure you have permission to post the creations that you make available on Lyvely and that you are not violating any copyrights. While Creators keep full ownership of their creations and keep full ownership of what they post on Lyvely, we requirelicenses from you (the creator) for this material in order to operate Lyvely’s services effectively. By making creations available on Lyvely or otherwise posting on Lyvely, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license covering your creation or what you post in all formats and channels now known or later developed anywhere in the world to use, copy, reproduce, store, translate, transmit, distribute, perform, prepare derivative works, publicly display, and display in connection with any name, username, voice, or likeness provided in connection with it. Don’t worry, we will never sell or resell any of your creations. We just reserve the right to use them for marketing purposes if/when needed. If your creations contain any personal data, you also recognize Lyvely’s “legitimate interest” in it in accordance with the scope of this license.