Terms of Use, for Users and Members, and for Creators

Terms of Use for Users and Members

The website www.sizable.us along with all applicable subdomains, predecessor domains, successor domains and URL (together, “the Website”) is owned and operated by SIZABLE LLC, 750 W 7th Street, 811335, Los Angeles, CA 90015, and/or its affiliates or assigns (hereinafter “"SIZABLE", “we”, “us” or “our”). 

PLEASE GO THROUGH THE FOLLOWING TERMS AND CONDITIONS (T&C) VERY CAREFULLY AND NOTE THAT THESE T&C ALONG WITH OUR PRIVACY POLICY FORMS A BINDING CONTRACT BETWEEN SIZABLE AND YOU. BY ACCESSING OR USING THE WEBSITE, YOU CONFIRM YOU ARE 18 YEARS OF AGE OR ABOVE THE AGE OF MAJORITY AND LEGAL CONSENT UNDER THE LAWS OF THE APPLICABLE JURISDICTION, AND AGREE TO BE BOUND BY THE TERMS SET FORTH BELOW. USE OF THIS WEBSITE MAY BE UNLAWFUL IN CERTAIN JURISDICTIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE T&C, YOU ARE ADVISED NOT TO CONTINUE USING THE WEBSITE ANY LONGER.
YOUR ACCOUNT

Definitions. For the purpose of this T&C, the following terms shall have the following meaning:

"Content" or “Published Content” shall mean any and all audiovisual footage, pictures, images, photos, graphics, audio, live streams and similar materials including written text, online chat, messages, comments, reviews and feedback, that has been published, posted, uploaded, shared, broadcasted, sold, or otherwise offered (“Published”) through the Website by CREATORs or MEMBERS and thereby can be accessed, received, transmitted, stored, processed or used by other registered MEMBERS and USERS of the Website for their private use.

"CREATOR", shall mean anyone who has registered with SIZABLE using a “CREATOR Account” and shall include, without limitation, any and all independent models and performers who wish to publish their original Content in the Website.

“MEMBER” shall mean anyone who has registered with SIZABLE using a “MEMBER Account” and shall include, without limitation, any and all individuals using the Website for their personal use, except CREATORs. MEMBERS are able to navigate through all the pages in the Website, Publish Content, buy Content, download Content, participate in Live Streams, comment and interact online with other MEMBERS and CREATORs from whom they have purchased Content, and similar other activities. Registering as a MEMBER is completely free of cost.

“USER” shall mean any and all individuals accessing or using the Website irrespective of their status of registration. USERS are able to view the Website home page, registration page, any legal page (such as the T&C and Privacy Policy) ONLY, and cannot buy, download or otherwise access any Content. For removal of doubt, all MEMBERS are USERS but not all USERS are MEMBERS.

Registration of Your Account. In order to access the Website as a MEMBER and to navigate through and buy Content, interact online with CREATORs, as well as to post and comment Content, you must first register by creating a MEMBER Account. You will have to choose a username, which must be unique to you, not offensive to others, and not in violation of a third party’s intellectual property (such as copyright or trademark), as well as a password. Please note that SIZABLE reserves the right to decline any account registration, for any reason, at its sole discretion.

Confidentiality of Your Account. You agree and represent that you will not share your account or login information, let anyone else access your account, or do anything else that might jeopardize the security of your account. In the event that you become aware of, or reasonably suspect, any security breach, including, without limitation, any loss, theft, or unauthorized access or disclosure of your login information, you must immediately notify SIZABLE and modify your login information. You are solely responsible for maintaining the confidentiality of your login information and you will be responsible for all uses of your login information, whether or not authorized by you. You will be liable for any losses incurred by us due to the unauthorized use of your account. SIZABLE is not liable for your losses caused by any unauthorized use of your account and you hereby specifically waive any such claim and agree to defend, hold harmless, and indemnify SIZABLE against any such claims made against it by third parties. Further, you understand and agree that your profile and your Published Content may be searchable by third-party publicly available search engines or Internet archives; should you wish to have some or all of your profile and/or Published Content removed from the publicly available search engines, it is your sole responsibility to do so and to file such removal requests with the concerned search engine(s) operator(s).

Personalization of Your Account. You agree and understand that your account profile photo, image or avatar must be safe and acceptable to a public audience and shall not include sexually explicit content, such as full or partial nudity, simulated or any other sexual acts. If you choose to use a photo that is not acceptable to a public audience, SIZABLE may remove such photo. Repeat infringement may result in the termination of your account in accordance with these T&C.

Linking Your Account to Social Media. The Website allows you to link your account to or to post on various third-party social media or social-networking sites (“Third-Party Sites”). If you choose to do so, you agree and acknowledge to bear all risks that could result from such linking. By linking your account or by posting Content to Third-Party Sites, you hereby understand and acknowledge that SIZABLE has no control whatsoever on such Third-Party Sites and that it is your sole responsibility to ensure that you understand, agree, and comply with such Third-Party Sites’ terms and conditions.

Closing of Your Account. These T&C shall be effective as of the date you start to use the Website and remain in effect as long as you use the Website. If you decide to close your account, which you can do at any time, all of your Content will be removed, except as provided below. If you delete your account, or if you remove Content from your account, such Content will no longer appear on the Website. As for the membership granted by CREATOR to any MEMBER, such membership will terminate once it expires and all Content related thereto will be removed.

Termination of Your Account by SIZABLE. Notwithstanding the above, SIZABLE reserves the right to terminate these T&C and your account at any time, for any reason, with or without cause. MEMBERS acknowledge that deactivated accounts are kept for analytical and legal purposes. The account will no longer be visible to anyone. MEMBERS wishing to have their accounts removed from the SIZABLE servers in their entirety must submit a specific request by contacting the SIZABLE Support Team at [email protected]

YOUR DUTIES AND OBLIGATIONS

Duties and Obligations. As a responsible MEMBER / USER of the Website, you agree to be legally bound by these T&C at all times during your use and access of the Website. In view of the same, you specifically acknowledge the following duties and obligations and hereby represent and agree that –

Your access and use of the Website is strictly for personal purpose, to the categorical exclusion of any kind of commercial use. 

You shall remain vigilant and take all necessary precautions when using the Website and/or interacting online with other MEMBERS / USERS or CREATORs. SIZABLE is under no obligation to carry out any prior verification or any kind of criminal record check on MEMBERS / USERS or CREATORs and thus makes no statement or warranty regarding the latter’s conduct whether online or offline.

You shall be solely responsible for all Content Published via your account, including any personalization made to your profile and any posting on your wall. You must evaluate and bear all risks associated with your use of the Website and your Content. You agree and represent to only Publish Content that you are authorized to Publish.

Your Published Content shall not, under any circumstances, infringe, violate, or misappropriate any third party's rights of any kind, including, without limitation any contract, copyright, trademark, right of publicity, right of privacy, any rights in name, likeness, voice, or persona, or any similar rights.

You have researched, understood, and will comply with all laws and legal restrictions in effect in your jurisdiction of residence (and when relevant, where any other MEMBER or USER resides), particularly dealing with matters including, but not limited to, obscenity, material harmful to minors, and the creation of sexually explicit content, associated record-keeping requirements, import and export control laws, false advertising, privacy and personal information protection, anti-discrimination, intellectual property, illegal business solicitation, and restrictions on unsolicited commercial messages.

You shall NOT, under any circumstances, solicit from any CREATOR or any other MEMBER / USER any personal or private information including, but not limited to, real names, addresses, e-mail addresses, social media accounts, accounts, billing or payment information, or usernames or passwords, use any CREATOR or any other MEMBER / USER in any way for unfair personal gain or benefit, or agree to any in-person encounters.

PROHIBITED ACTIVITIES 

General Prohibition. In order to avoid, eliminate or minimize any unwanted disruptive activities during using our Website, the following acts and activities are strictly prohibited under these T&C: (i) using the Website in any way or take any action that may undermine, disrupt, damage or manipulate its working functionality, performance, availability or accessibility; (ii) copying, decompiling, reverse engineering, disassembling, attempting to derive the source code of, modifying or creating derivative works of the Website, or any updates or any part thereof; (iii) using the Website in any manner that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (iv) impersonating any person or entity, misrepresenting any affiliation with another person or entity, using false IP addresses or headers, or otherwise concealing your identity for any purpose; or (v) using data collected from the Website for any unsolicited commercial engagement and direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)

Specific Prohibition. Without limiting the generality of foregoing, the following acts, actual and/or simulated, are specifically prohibited under these T&C, and shall not be present in any of the Published Content by any MEMBER / USER at any time: (i) any portrayal of an individual that suggests or implies that such individual is under 18 years of age (or under 21 years of age in places where the age of majority is not 18 years); (ii) any presentation or representation of minors engaged in intimate physical conduct or sexual situations, including, without limitation, lewd nude depictions, masturbation, or sexual conduct, actual or depicted; (iii) any kind of Publishing of Content from a public place, whether actual or simulated; (iv) any Content or products displaying any third party trademark or copyright or embodying any third party trade dress or any matter that is disparaging, demeaning, or otherwise damaging to any product, person, or entity or any rights pertaining thereto; (v) any request for money or another form of consideration from other MEMBERS / USERS; (vi) harassing, defaming, threatening, using excessive language or being verbally abusive; (vii) posting or sharing information about other MEMBERS / USERS; (viii) disrupting the flow of a live chat; or (ix) recording Live Streams or live chats. SIZABLE retains the right to regularly scan any and all Published Content for quality control purposes. Any Content deemed to include any of the above mentioned prohibited activities will be removed immediately and reported to the appropriate authorities and the MEMBER / USER will be permanently banned from using the Website.

REGULATORY NOTICE

2257 Regulations. Notwithstanding anything to the contrary, you understand and acknowledge that SIZABLE is not acting as a “producer”, as defined by the 18 USC § 2257 Record Keeping Requirements (the “2257 Regulations”).

Section 230 of the Communications Decency Act – 47 U.S.C. § 230 Notice. You understand and acknowledge your responsibility to prevent minors under your care from accessing explicit, harmful, or otherwise inappropriate material; you understand that no minor can have access to the Content and you agree and warrant to take responsible measures to prevent them from doing so. Parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist you in limiting access to material that is explicit, harmful, or otherwise inappropriate to minors. It will be your sole responsibility, at the total exclusion of SIZABLE, to keep any explicit, harmful, or otherwise inappropriate material from being displayed, viewed, or accessed by minors.
PRICING AND PAYMENT

Content Prices. You do not incur any costs for joining SIZABLE. As a MEMBER / USER, you may purchase Content made available to you through the Website by CREATORs. Purchases can be made by credit cards, and, when available, by debit cards, and are processed through our third-party Internet payment service providers. By purchasing any Content through the Website, you hereby consent and agree to abide by such third-party Internet payment service providers’ customer terms and conditions and privacy policies and understand that SIZABLE has no control whatsoever on such customer terms and conditions and privacy policies. IF YOU CANNOT AGREE to such third-party Internet payment service providers’ customer terms and conditions or privacy policies, PLEASE DO NOT PURCHASE ANY CONTENT. Purchases are payable in advance. SIZABLE offers different packages from which you can choose. As for Live Streams, such as chatting or streaming, you can choose from various prepaid packages. SIZABLE’s pricing policy then in effect, which can be found here, establishes minimum and maximum prices. SIZABLE and CREATORs reserve the right to change minimum and maximum prices, as well as Content prices at any time, at their sole discretion, and without liability to you.

Viewing Purchased Content. After purchasing digital Content, you will see and be able to view such Content where it was purchased within the platform (for example, in your messages with a CREATOR or on a CREATOR profile) or in your Purchased Files Storage. You can consult your purchase history directly on your account at any time. Notwithstanding the foregoing, downloaded Content is only available once your payment is confirmed. 

Banned CREATOR Content. If ever a CREATOR is banned from the SIZABLE Website, for any reason, their Content will cease to be available for future purchase and for MEMBERS / USERS who have already purchased the Content. SIZABLE will not issue reimbursement in cases where Content becomes unavailable due to the CREATOR being banned. MEMBERS / USERS acknowledge that they alone assume the risk when choosing to purchase Content that is only accessible through the SIZABLE Website.

Credits. Credits are a feature made available to MEMBERS / USERS and can only be used as a gratuity offered as an acknowledgment of appreciation to CREATORs in regard to Live Stream Content (“Credits”) as well as for paid messaging (not message attachments) or paid calls to CREATORs. Credits can also be used for other Content. For more clarity, Credit cannot be used as payment for anything contrary to these T&C, nor are they required for MEMBERS / USERS to access the Website. When allocating Credits, MEMBERS / USERS do so at their free will and are not to expect anything in return. Credit packages and prices available on SIZABLE are subject to change at any time.

Subscriptions. All subscriptions automatically renew and re-bill at the end of their term, unless otherwise cancelled by MEMBERS / USERS. Subscriptions may be cancelled by MEMBERS / USERS or by contacting the SIZABLE Support Team at [email protected]

Taxes. All prices on the Website are exclusive of applicable federal, provincial, state, local, or other governmental sales, goods and services, harmonized, or other taxes, fees, or charges now in force or enacted in the future and such taxes may be added by our third-party Internet payment service providers on our behalf when required, the whole when completing purchase processing.

Currency. All amounts referred to herein and all monetary transactions on the Website are in US dollars (USD).

COMPLAINTS AND APPEALS POLICY

Complaints. You may issue a complaint regarding CREATOR-generated content if you believe content has been uploaded that violates the Creator Agreement, T&C, or you are depicted in content that you did not consent to being posted on SIZABLE. 

Complaints can be made by selecting the REPORT button at the top right corner of any content post (you may need to click/tap the MORE tab first, which is represented by three dots in a vertical line). Complaints can also be made by accessing https://sizable.us/complaints or by emailing our administrative team at [email protected] (please include "Report" in the email subject line). Complaints will be addressed with seven (7) business days by the administrative team. If SIZABLE finds that the reported content violated the Creator Agreement, T&C, or includes the likeness of someone who did not consent to their being posted on SIZABLE; SIZABLE will remove the content immediately, and inform the reporter as well as the uploader of this decision.

Appeals. Should the uploader of reported content disagree with a decision made by SIZABLE to remove said reported content, the uploader may appeal the decision within 24 hours of the notice of the reported content's removal. This appeal can be made by replying to the email giving notice of the content's removal, or by emailing the administrative team at [email protected] SIZABLE will allow the disagreement to be resolved a neutral body.


INTELLECTUAL PROPERTY AND COPYRIGHT POLICY

All Rights Reserved. With the exception of any original CREATOR-generated content or MEMBER-generated content containing personal information, all information and content displayed in the Website including text, graphics, designs, photographs, videos, typefaces, look and feel, format, and the like is owned and/or licensed by SIZABLE, and are protected by international laws on patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names and other applicable rights. By agreeing to these T&C you understand and agree to not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, any material on or from SIZABLE, including text, graphics, logos and designs for any purpose whatsoever or allow any third party to do so. Please notify us immediately if you believe any Content found on or linked to by this Website violates your intellectual property rights. We value the intellectual property rights of all copyright holders and will process and investigate notices of alleged infringement and promise to take appropriate actions under applicable intellectual property laws with respect to any alleged or actual infringement. 

DMCA Takedown. For us to process your complaint as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), a notification of the claimed copyright infringement should be emailed to SIZABLE’s Copyright Agent at [email protected] with the subject line “DMCA Takedown Request for Copyright Infringement” and containing the following information:
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a detailed description of where the material that you claim is infringing is located on the Website, so as to assist us with prompt identification;
  • your postal address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

DMCA Counter-notice. If you believe that we have removed any of your Content that was not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the material in or through your user account, you may send a written counter-notice containing the following information to the Copyright Agent:
  • identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  • your physical or electronic signature;
  • a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
  • your name, postal address, telephone number, and email address, a statement that you consent to the jurisdiction of the court(s) in Los Angeles, California, USA and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our Copyright Agent, SIZABLE will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider or user, the removed Content may be replaced, or access to it restored in due time at our sole discretion.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

NO WARRANTIES. THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS AND YOUR USE AND ACCESS OF THE SAME WILL BE AT YOUR SOLE RISK AND RESPONSIBILITY AT ALL TIMES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY OTHER THIRD-PARTY WEBSITES LINKED TO THIS WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 

LIMITATION OF LIABILITY. IN NO EVENT WILL SIZABLE OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION

Indemnification. To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless SIZABLE, its officers, directors, employees, agents, consultants, representatives and agents from and against all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with (a) your use of or inability to use the Website, (b) your violation of any provision of these T&C or your violation of any rights of a third party, or (c) your violation of any applicable laws, rules or regulations. SIZABLE reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will offer complete cooperation with SIZABLE in asserting any available defenses.

Specific Release. You further understand and accept that no communication between you and other MEMBERS / USERS of the Website is private including, but not limited to, Live Streams and live chats. You hereby specifically release us and all other MEMBERS / USERS of the Website from any liability for invasion of privacy, defamation, publicity, false light, and related torts, in the event that your communications or profile are made public. Nothing contained in this section is intended to limit the scope of releases and/or indemnification contained elsewhere in these T&C.

SUSPENSION OF SERVICE

No Liability. SIZABLE reserves the exclusive right to fully or partially suspend, discontinue, or cease providing, at any time and from time to time, temporarily or permanently, any part or function of the Website with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so. All relevant provisions of these T&C which by their nature should survive such suspension or termination shall survive, including, without limitation, intellectual property ownership, warranty disclaimers, indemnity and limitations of liability.

THIRD PARTY LINKS AND ADVERTISEMENTS

No Endorsement. Subject to these T&C, MEMBERS may provide external hyperlinks inbound to the Website to promote their Content. Similarly, SIZABLE may occasionally provide external links and advertisements submitted by or directed towards third party websites and services. Unless expressly stated otherwise, such advertisements do not signify that SIZABLE endorses and/or is associated with such third-party websites and services in any manner including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof. We accept no responsibility for third party advertisements contained within SIZABLE. If you agree to purchase goods and/or services from any third party who advertises in this Website, you do so at your own risk and these T&C remains no longer applicable. 

GENERAL INFORMATION

Entire Agreement. These T&C constitute the entire agreement between you and us regarding the use of the Website and supersedes all prior understandings, agreements and documentation, if any, relating to such subject matter.

Headings and Interpretation. The section titles in these T&C are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.

Language. If these T&C are translated into any other language, it will be for information purposes only and the English language will prevail in the event of any conflict between the translated version and the English-language version.

Change of Terms. These T&C are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Website. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Electronic Communications. The communications between you and SIZABLE use electronic means, whether you use the Website or send us emails, or whether SIZABLE posts notices on the Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from SIZABLE in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that SIZABLE provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. 

Governing Law and Jurisdiction. These T&C and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict-of-law provisions. The MEMBER /USER and SIZABLE irrevocably agree that the courts of Los Angeles, California shall have exclusive jurisdiction for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Relationship between Parties. For the purposes of these T&C, the MEMBERS / USERS acknowledge and agree that all CREATORs Publish Content on the Website as independent contractors and are not employees, agents, or partners of SIZABLE. The MEMBERS / USERS further acknowledges and agrees that SIZABLE has no direct or indirect control over the monitoring, supervision, prior approval, or review of the Content Published by any CREATOR through the Website. 

Severability. If any provision of these T&C is, for any reason, held to be invalid or unenforceable, the other provisions of these T&C will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. 

Waiver. A waiver by SIZABLE of any right or remedy under these T&C shall only be effective if it is in writing, executed by a duly authorized representative of SIZABLE and shall apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these T&C shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies.

Assignment. These T&C, and your duties and obligations stated therein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without SIZABLE’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

Contact Information. If you have any questions or complaints regarding these T&C or the Website, or if these T&C require you to give notice to us in writing, please contact us at [email protected]


These Terms and Conditions were last updated on February 2022.


Terms of Use for Creators

The website www.sizable.us along with all applicable subdomains, predecessor domains, successor domains and URL (together, “the Website”) is owned and operated by SIZABLE LLC, 750 W 7th Street, 811335, Los Angeles, CA 90015, and/or its affiliates or assigns (hereinafter “"SIZABLE", “we”, “us” or “our”). 

PLEASE GO THROUGH THE FOLLOWING TERMS AND CONDITIONS (T&C) VERY CAREFULLY AND NOTE THAT THESE T&C ALONG WITH OUR PRIVACY POLICY FORMS A BINDING CONTRACT BETWEEN SIZABLE AND YOU. BY ACCESSING OR USING THE WEBSITE, YOU CONFIRM YOU ARE 18 YEARS OF AGE OR ABOVE THE AGE OF MAJORITY AND LEGAL CONSENT UNDER THE LAWS OF THE APPLICABLE JURISDICTION, AND AGREE TO BE BOUND BY THE TERMS SET FORTH BELOW. USE OF THIS WEBSITE MAY BE UNLAWFUL IN CERTAIN JURISDICTIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE T&C, YOU ARE ADVISED NOT TO CONTINUE USING THE WEBSITE ANY LONGER.
YOUR ACCOUNT

Definitions. For the purpose of this T&C, the following terms shall have the following meaning:

"Content" or “Published Content” shall mean any and all audiovisual footage, pictures, images, photos, graphics, audio, live streams and similar materials including written text, online chat, messages, comments, reviews and feedback, that has been published, posted, uploaded, shared, broadcasted, sold, or otherwise offered (“Published”) through the Website by CREATORS or Members and thereby can be accessed, received, transmitted, stored, processed or used by other registered Members and Users of the Website for their private use.

"CREATOR", shall mean anyone who has registered with SIZABLE using a “CREATOR Account” and shall include, without limitation, any and all independent models and performers who wish to Publish their original Content in the Website.

“Member” shall mean anyone who has registered with SIZABLE using a “Member Account” and shall include, without limitation, any and all individuals using the Website for their personal use, except CREATORS. Members are able to navigate through all the pages in the Website, Publish Content, buy Content, download Content, participate in Live Streams, comment and interact online with other Members and CREATORs from whom they have purchased Content, and similar other activities. Registering as a Member is completely free of cost.

“User” shall mean any and all individuals accessing or using the Website irrespective of their status of registration. Users are able to view the Website home page, registration page, any legal page (such as the T&C and Privacy Policy) ONLY, and cannot buy, download or otherwise access any Content. For removal of doubt, all Members are Users but not all Users are Members.

Registration of Your Account. In order to access the Website as a CREATOR and to Publish, license, and sell your Content, you must first register by creating a USER account. You will have to choose a username, which must be unique to you, not offensive to others, and not in violation of a third party’s intellectual property (such as copyright or trademark), as well as a password. Then, you may select BECOME A CREATOR on the Website’s main menu. You must fill out an online registration form that includes your legal name and your date of birth. You will also be asked to provide governmental issued identification cards. Once we have received your registration form duly completed, SIZABLE reserves the right to contact you to validate and/or obtain additional information. SIZABLE reserves the right to decline any account registration, for any reason, at its sole and entire discretion.

Confidentiality of Your Account. You agree and represent that you will not share your account or login information, let anyone else access your account, or do anything else that might jeopardize the security of your account. In the event that you become aware of, or reasonably suspect, any security breach, including, without limitation, any loss, theft, or unauthorized access or disclosure of your login information, you must immediately notify SIZABLE and modify your login information. You are solely responsible for maintaining the confidentiality of your login information and you will be responsible for all uses of your login information, whether or not authorized by you. You will be liable for any losses incurred by us due to the unauthorized use of your account. SIZABLE is not liable for your losses caused by any unauthorized use of your account and you hereby specifically waive any such claim and agree to defend, hold harmless, and indemnify SIZABLE against any such claims made against it by third parties. Further, you understand and agree that your profile and your Published Content may be searchable by third-party publicly available search engines or Internet archives; should you wish to have some or all of your profile and/or Published Content removed from the publicly available search engines, it is your sole responsibility to do so and to file such removal requests with the concerned search engine(s) operator(s).

Live Streaming from Your Account. When using the SIZABLE Live feature, you will only Publish Live Stream sessions. For the purpose of this T&C, "Live Streams" shall mean CREATOR organized sessions during which live video (content) is streamed in public or private mode, with the possibility of live chat. Publishing any pre-recorded Content when using the SIZABLE Live feature is dishonest to Users and will result in the immediate termination of your SIZABLE Live session. Repeat infringement may result in the termination of your account in accordance with these T&C.

Personalization of Your Account. You agree and understand that your account profile photo, image or avatar must be safe and acceptable to a public audience and shall not include sexually explicit content, such as full or partial nudity, simulated or any other sexual acts. If you choose to use a photo that is not acceptable to a public audience, SIZABLE may remove such photo. Repeat infringement may result in the termination of your account in accordance with these T&C.

Linking Your Account to Social Media. The Website may provide features to link your account, and only your account, to or to post on various third-party social medias or social-networking websites (“Third-Party Website”). If you choose to do so, you agree and acknowledge to bear all risks that could result from such linking. By linking your account or by posting Content to Third-Party Website, you hereby understand and acknowledge that SIZABLE has no control whatsoever on such Third-Party Website and that it is your sole responsibility to ensure that you understand, agree, and comply with such Third-Party Website terms and conditions.

Closing of Your Account. These T&C shall be effective as of the date you start to use the Website and remain in effect as long as you use the Website. If you decide to close your account, which you can do at any time, all of your Content will be removed, except as provided below. If you delete your account, or if you remove Content from your account, such Content will no longer appear on the Website for further sale or license but will remain in the account of the Member who has purchased that Content. As for the membership granted by CREATOR to any Member, such membership will terminate once it expires and all Content related thereto will be removed.

Termination of Your Account by SIZABLE. Notwithstanding the above, SIZABLE reserves the right to terminate these T&C and your account at any time, for any reason, with or without cause. If we terminate your account with cause, for example, because you are in material violation or breach of these T&C, you agree and understand that any amount due to you by SIZABLE will be forfeited. CREATORS acknowledge that deactivated accounts may be held by SIZABLE for analytical and legal purposes, subject to our Privacy Policy. The account will no longer be available on the Website. CREATORS wishing to have their accounts removed from the SIZABLE servers must submit a specific request by contacting SIZABLE at [email protected]

Japan-Based CREATORS. CREATORS who are Japanese citizens and Publish Content from Japan acknowledge that they are solely responsible for remaining informed and adhering to Japanese laws, including but not limited to any censorship legal requirements. SIZABLE reserves the right to monitor Content Published by Japanese CREATORS located in Japan and to remove any Content that violates Japanese laws.

YOUR DUTIES AND OBLIGATIONS

Duties and Obligations. As a responsible CREATOR to the Website, you agree to be legally bound by these T&C at all times during your use and access of the Website. In view of the same, you specifically acknowledge the following duties and obligations and hereby represent and agree that: 

You own and at all times during the term of these T&C shall continue to own all rights, title, and interest in the Content sufficient to lawfully and fully Publish, license or sell the Content through the Website. Such Content shall not infringe, violate, or misappropriate any third party's rights of any kind, including, without limitation any contract, copyright, trademark, right of publicity, right of privacy, any rights in name, likeness, voice, or persona, or any similar rights.

Your Content is made of lawful material, that the persons depicted in each and all Content are adults (over the age of 18 years and the age of majority in the CREATOR’s jurisdiction) at the time such persons first participated in the creation of the subject piece of Content in which they are depicted, and that such persons validly and legally consented to appear in the Content. It is particularly important to note here that it will be your obligation to ensure that all persons whose image or voice appears in the Content is duly registered with SIZABLE and has had identity verified by SIZABLE, and that you have acquired and provided all necessary written consent, license, release, permission and authorization, including to allow Users to download such Content, and moral rights waiver to SIZABLE of all such persons participating or depicted in the Content.

You have researched, understood, and will comply with all laws and legal restrictions in effect in your jurisdiction of residence (and when relevant, where any other CREATOR or User resides), particularly dealing with matters including, but not limited to, obscenity, material harmful to minors, and the creation of sexually explicit content, associated record-keeping requirements, import and export control laws, false advertising, privacy and personal information protection, anti-discrimination, intellectual property, illegal business solicitation, and restrictions on unsolicited commercial messages. Specifically, you agree to ensure that all Content Published by you is fully compliant with (i) all requirements set forth in the 2257 Regulations (or to any similar applicable legislation) and that you have implemented the “Custodian of Records” criteria as defined in the 2257 Regulations; and (ii) the closed-captioning requirements as established by the Americans with Disabilities Act (ADA). 

You are solely responsible for obtaining and maintaining all applicable consents, licenses, and permits required to Publish, license, and sell Content through the Website. Without limiting the foregoing, you agree not to Publish from public places or other places from which you are forbidden to Publish pursuant to your local laws and community standards;

You, for as long as you have an open account with SIZABLE and for a three (3) month period after closing such account, shall not divert, or attempt to divert, any business of, or any other CREATORS or Users of SIZABLE, to any competitor website, by direct or indirect inducement or otherwise.

You shall not directly, indirectly or otherwise promote or mention, on the Website or in your Content, any brand that is not owned or controlled by you, excluding any personal brand(s). For clarity, all CREATORS may promote or mention owned or controlled branding through watermarks.

You, or any of your associates, employees, employers, agents, and affiliates, shall NOT, under any circumstances, solicit from any User any personal or private information including, but not limited to, User real names, addresses, email addresses, social media accounts, accounts, billing or payment information, or usernames or passwords, use a User in any way for unfair personal gain or benefit, or agree to any in-person encounters.

You shall not misrepresent any of the services provided by SIZABLE through the Website nor make any false or misleading statement to anyone about the service offered by SIZABLE through the Website or pursuant to these T&C.

PROHIBITED ACTIVITIES 

General Prohibition. In order to avoid, eliminate or minimize any unwanted disruptive activities during using our Website, the following acts and activities are strictly prohibited under these T&C: (i) using the Website in any way or take any action that may undermine, disrupt, damage or manipulate its working functionality, performance, availability or accessibility; (ii) copying, decompiling, reverse engineering, disassembling, attempting to derive the source code of, modifying or creating derivative works of the Website, or any updates or any part thereof; (iii) using the Website in any manner that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (iv) impersonating any person or entity, misrepresenting any affiliation with another person or entity, using false IP addresses or headers, or otherwise concealing your identity for any purpose; or (v) using data collected from the Website for any unsolicited commercial engagement and direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

Specific Prohibition. Without limiting the generality of foregoing, the following acts, actual and/or simulated, are specifically prohibited under these T&C, and shall not be present in any of the Published Content or Live Streams by the CREATOR at any time: (i) any portrayal of an individual that suggests or implies that such individual is under 18 years of age (or under 21 years of age in places where the age of majority is not 18 years); (ii) any presentation or representation of minors engaged in intimate physical conduct or sexual situations, including, without limitation, lewd nude depictions, masturbation, or sexual conduct, actual or depicted; (iii) any kind of Publishing of Content from a public place, whether actual or simulated; (iv) any Content or products displaying any third party trademark or copyright or embodying any third party trade dress or any matter that is disparaging, demeaning, or otherwise damaging to any product, person, or entity or any rights pertaining thereto; (v) any request for money or another form of consideration from Users outside the Website and/or not expressly permitted under these T&C; (vi) harassing, defaming, threatening, using excessive language or being verbally abusive; (vii) posting or sharing information about Users or other CREATORS; (viii) disrupting the flow of a live chat; or (ix) recording Live Streams or live chats. SIZABLE retains the right to regularly scan any and all Published Content for quality control purposes. Any Content deemed to include any of the above mentioned prohibited activities will be removed immediately and reported to the appropriate authorities and the CREATOR will be permanently banned from using the Website.

REGULATORY NOTICE

2257 Regulations. You agree and understand it is your obligation to provide us with valid 18 USC § 2257 Record Keeping Requirements (the “2257 Regulations”) compliant documentation when requested. The original records required pursuant to 18 U.S.C. Section 2257 and 28 C.F.R. 75 for materials contained in the Website shall be kept safe by the appropriate Custodian of Records. Notwithstanding the foregoing or anything to the contrary, you understand and acknowledge that SIZABLE is not acting as a “producer”, as defined by the 2257 Regulations, but you are required, and it is your responsibility, to create and maintain the records required of you by the 2257 Regulations, including those of other individuals appearing in your Content. You shall continue to maintain originals of such records in the manner and for the duration of these T&C plus a term of seven (7) years or the length of time required by law (whichever is longer). At any time, and for any reason, SIZABLE may request a copy of your 2257 Regulations documentation. If you cannot provide SIZABLE with the requested documentation, then your account may be terminated and all earnings forfeited. 

Section 230 of the Communications Decency Act – 47 U.S.C. § 230 Notice. You understand and acknowledge your responsibility to prevent minors under your care from accessing explicit, harmful, or otherwise inappropriate material; you understand that no minor can have access to the Content and you agree and warrant to take responsible measures to prevent them from doing so. Parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist you in limiting access to material that is explicit, harmful, or otherwise inappropriate to minors. It will be your sole responsibility, at the total exclusion of SIZABLE, to keep any explicit, harmful, or otherwise inappropriate material from being displayed, viewed, or accessed by minors.

PRICING AND PAYMENT

Content Prices. Except if provided otherwise in the functionalities of the Website, you have sole discretion on pricing your Content. The minimum price and the maximum price, however, must comply with SIZABLE’s pricing policy then in effect. Subject to the functionalities of the Website, you may change your Content prices, subject always to SIZABLE’s pricing policy, and remove any Content you own at any time, at your sole discretion.

Service Fees. Sizable’s service fee is 20% of Net Proceeds. You do not incur any costs for joining SIZABLE. Compensation to SIZABLE for your use of the Website is calculated based on the Net Proceeds made from your Content sold to Users. "Net Proceeds" shall mean the amount of money charged to a given User for accessing Content, minus any refunds, charge-backs, other similar reimbursement made on such Content licensed or sold, as well as any loss due to fraudulent activity. During the term of these T&C, SIZABLE will retain its service fees from the Net Proceeds on Content you sell to Users via the Website, the whole pursuant to SIZABLE’s pricing policy then in effect.

Credits. Credits are a feature made available to MEMBERS and can be used as a gratuity offered as an acknowledgment of appreciation to CREATORS in regard to Live Stream Content (“Credits”) as well as for paid messaging or paid calls (voice or video) to CREATORS. Credits can also be used for other Content. For more clarity, Credit cannot be used as payment for anything contrary to these T&C, nor are they required for MEMBERS to access the Website. When allocating Credits, MEMBERS do so at their free will and are not to expect anything in return. Credit packages and prices available on SIZABLE are subject to change at any time.

Subscriptions. Subscription prices are grandfathered. CREATOR acknowledges that updates to Subscription prices will not affect Members who are already subscribed, and such Members will continue to be billed at the original price until such Member cancels that Subscription to the service.

Payment Schedule. Payouts are made on a weekly basis. SIZABLE may remit payment to CREATOR provided that the balance exceeds the minimum amount required for the payment. If the balance does not exceed the minimum amount required, the balance will carry forward to the following period. The minimum amount required is set at: (i) One-hundred USD ($100.00). The foregoing minimum may be subject to change.

CREATOR Information. It is your responsibility to ensure that all of your payment information is complete and accurate to avoid any delays in the payment processing and to inform us of any issues that may arise with payments. You are responsible for keeping all of your information up to date.

Taxes. It is CREATOR’s sole responsibility to remit any and all applicable sales taxes to the applicable tax authorities. Notwithstanding the foregoing, where legally required, SIZABLE may withhold the sale taxes and remit them directly to the concerned tax authorities. In such cases, no sale taxes will be paid to the CREATOR. Notwithstanding anything to the contrary in these T&C, CREATOR hereby undertakes to hold harmless and to indemnify SIZABLE, its affiliates, and its agents from any claims made against them by third parties, including tax authorities, in regard of any sale taxes, or any withholding thereof, with respect to CREATOR’s Content purchased by or licensed to Users. Notwithstanding anything to the contrary in these T&C, you agree and understand that you are solely responsible for the payment of all government, state, and local taxes, levies, or any other similar fees.

Currency. All amounts referred to herein and all monetary transactions on the Website are in US dollars (USD). When available, and at SIZABLE’s sole discretion, payments may be made in the currency chosen by the CREATOR, or the currency of CREATOR’s place of residence, in which case any currency conversions will be based on the then prevailing exchange rate.

Adjustments. Notwithstanding the foregoing, SIZABLE may, at its sole discretion, adjust or deduct from the amount to be remitted, or already remitted for payment, to CREATOR for any reason, at any time, without notice. In the case where the payment has already been issued to CREATOR, SIZABLE will deduct such adjustment from the following amount to be remitted to CREATOR. Adjustments may be made for reasons including, but not limited to, customer credits, refunds, fraud, corrupted Content, grossly misleading or mislabeled Content, or technical errors.

Payout Adjustments. In the event of a remitting error, SIZABLE may make a payout adjustment that incurs an administrative fee. CREATOR hereby agrees that such administrative fees can be set off by SIZABLE with any amount due to such CREATOR, at SIZABLE’s sole discretion.

Account Inactivity. If CREATOR’s account is inactive without valid payout information (no log in for twelve (12) consecutive months and no valid payout information), SIZABLE reserves the right to withhold any and all CREATOR’s earnings. For a resolution, CREATOR must contact SIZABLE at [email protected] to reconfirm identity and/or valid payout method.

Payout – Closing of Your Account. If you decide to close your account, which you may do at any time, SIZABLE will set off the amounts owed by SIZABLE to you and the amounts owed by you to SIZABLE. Credits will be converted in USD in accordance with SIZABLE’s Credit packages and prices. SIZABLE will remit your remaining balance in whole on the next planned remittance period, subject to the following: SIZABLE will not pay or attempt to pay CREATORS with a balance (after set off) of less than twenty ($20.00) dollars. By closing the account, CREATOR expressly and irrevocably waives and forever renounces any and all balances of less than twenty ($20.00) dollars (after set off) for that account. For clarity, no balance will be reactivated or transferred for any reason whatsoever, including if CREATOR decides to re-open a closed account or creates a new one. In the event that the balance (after set off) in one account is more than twenty ($20.00) dollars, SIZABLE will issue one (1) payment in the name of CREATOR. CREATOR is responsible for ensuring that SIZABLE has the appropriate information and contact details to be able to remit and send the balance to CREATOR. Should the payment be denied as undeliverable, SIZABLE will keep the balance for three (3) years following the closure of that account, unless required to do otherwise by law. Unless prohibited by applicable law, CREATOR will be deemed to have expressly and irrevocably waived and renounced the balance owed by SIZABLE to CREATOR three (3) years after the closing date of said account.

COMPLAINTS AND APPEALS POLICY

Complaints. You may issue a complaint regarding CREATOR-generated content if you believe content has been uploaded that violates the Creator Agreement, T&C, or you are depicted in content that you did not consent to being posted on SIZABLE. 

Complaints can be made by selecting the REPORT button at the top right corner of any content post (you may need to click/tap the MORE tab first, which is represented by three dots in a vertical line). Complaints can also be made by accessing https://sizable.us/complaints or by emailing our administrative team at [email protected] (please include "Report" in the email subject line). Complaints will be addressed with seven (7) business days by the administrative team. If SIZABLE finds that the reported content violated the Creator Agreement, T&C, or includes the likeness of someone who did not consent to their being posted on SIZABLE; SIZABLE will remove the content immediately, and inform the reporter as well as the uploader of this decision.

Appeals. Should the uploader of reported content disagree with a decision made by SIZABLE to remove said reported content, the uploader may appeal the decision within 24 hours of the notice of the reported content's removal. This appeal can be made by replying to the email giving notice of the content's removal, or by emailing the administrative team at [email protected] SIZABLE will allow the disagreement to be resolved a neutral body.

INTELLECTUAL PROPERTY AND COPYRIGHT POLICY

All Rights Reserved. With the exception of any original CREATOR-generated content or Member-generated content containing personal information, all information and content displayed in the Website including text, graphics, designs, photographs, videos, typefaces, look and feel, format, and the like is owned and/or licensed by SIZABLE, and are protected by international laws on patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names and other applicable rights. By agreeing to these T&C you understand and agree to not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, any material on or from SIZABLE, including text, graphics, logos and designs for any purpose whatsoever or allow any third party to do so. Please notify us immediately if you believe any Content found on or linked to by this Website violates your intellectual property rights. We value the intellectual property rights of all copyright holders and will process and investigate notices of alleged infringement and promise to take appropriate actions under applicable intellectual property laws with respect to any alleged or actual infringement. 

DMCA Takedown. For us to process your complaint as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), a notification of the claimed copyright infringement should be emailed to SIZABLE’s Copyright Agent at [email protected] with the subject line “DMCA Takedown Request for Copyright Infringement” and containing the following information:

DMCA Counter-Notice. If you believe that we have removed any of your Content that was not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the material in or through your user account, you may send a written counter-notice containing the following information to the Copyright Agent:

If a counter-notice is received by our Copyright Agent, SIZABLE will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider or user, the removed Content may be replaced, or access to it restored in due time at our sole discretion.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

NO WARRANTIES. THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS AND YOUR USE AND ACCESS OF THE SAME WILL BE AT YOUR SOLE RISK AND RESPONSIBILITY AT ALL TIMES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY OTHER THIRD-PARTY WEBSITES LINKED TO THIS WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 

LIMITATION OF LIABILITY. IN NO EVENT WILL SIZABLE OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION

Indemnification. To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless SIZABLE, its officers, directors, employees, agents, consultants, representatives and agents from and against all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with (a) your use of or inability to use the Website, (b) your violation of any provision of these T&C or your violation of any rights of a third party, or (c) your violation of any applicable laws, rules or regulations. SIZABLE reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will offer complete cooperation with SIZABLE in asserting any available defenses.

Specific Release. You further understand and accept that no communication between you and other CREATORS or Users of the Website is private including, but not limited to, Live Streams and live chats. You hereby specifically release us and all other CREATORS or Users of the Website from any liability for invasion of privacy, defamation, publicity, false light, and related torts, in the event that your communications or profile are made public. Nothing contained in this section is intended to limit the scope of releases and/or indemnification contained elsewhere in these T&C.
SUSPENSION OF SERVICE

No Liability. SIZABLE reserves the exclusive right to fully or partially suspend, discontinue, or cease providing, at any time and from time to time, temporarily or permanently, any part or function of the Website with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so. All relevant provisions of these T&C which by their nature should survive such suspension or termination shall survive, including, without limitation, intellectual property ownership, warranty disclaimers, indemnity and limitations of liability.
THIRD PARTY LINKS AND ADVERTISEMENTS

No Endorsement. Subject to these T&C, CREATORS may provide external hyperlinks inbound to the Website to promote their Content. Similarly, SIZABLE may occasionally provide external links and advertisements submitted by or directed towards third party websites and services. Unless expressly stated otherwise, such advertisements do not signify that SIZABLE endorses and/or is associated with such third-party websites and services in any manner including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof. We accept no responsibility for third party advertisements contained within SIZABLE. If you agree to purchase goods and/or services from any third party who advertises in this Website, you do so at your own risk and these T&C remains no longer applicable. 

GENERAL INFORMATION

Entire Agreement. These T&C constitute the entire agreement between you and us regarding the use of the Website and supersedes all prior understandings, agreements and documentation, if any, relating to such subject matter.

Headings and Interpretation. The section titles in these T&C are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.

Language. If these T&C are translated into any other language, it will be for information purposes only and the English language will prevail in the event of any conflict between the translated version and the English-language version.

Change of Terms. These T&C are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Website. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Electronic Communications. The communications between you and SIZABLE use electronic means, whether you use the Website or send us emails, or whether SIZABLE posts notices on the Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from SIZABLE in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that SIZABLE provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. 

Governing Law and Jurisdiction. These T&C and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict-of-law provisions. The CREATOR and SIZABLE irrevocably agree that the courts of Los Angeles, California shall have exclusive jurisdiction for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Relationship between Parties. For the purposes of these T&C, a CREATOR is understood to be an independent contractor and not an employee, agent, or partner of SIZABLE. CREATOR acknowledges and agrees that nothing in these T&C shall be construed as creating any agency, employment relationship, joint or collaborative venture, or partnership of any kind between CREATOR and SIZABLE, its employees, agents, or assigns. Furthermore, CREATOR acknowledges and agrees that SIZABLE has no direct or indirect control over the monitoring, supervision, prior approval, or review of the Content Published by CREATOR through the Website. CREATOR understands and agrees that Live Streams may be monitored and/or recorded by SIZABLE in accordance with its Privacy Policy. 

Severability. If any provision of these T&C is, for any reason, held to be invalid or unenforceable, the other provisions of these T&C will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. 

Waiver. A waiver by SIZABLE of any right or remedy under these T&C shall only be effective if it is in writing, executed by a duly authorized representative of SIZABLE and shall apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these T&C shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies.

Assignment. These T&C and your duties and obligations stated herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without SIZABLE’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

Contact Information. If you have any questions or complaints regarding these T&C or the Website, or if these T&C require you to give notice to us in writing, please contact us at [email protected]