Terms of Service

 

Contents

  1. Terms of Use for all Users
  2. Terms of Use for Subscribers
  3. Terms of Use for Creators
  4. Acceptable Use Policy
  5. Complaints Policy

TERMS OF USE FOR ALL USERS

These Terms of Service contain important information regarding your rights with respect to the Naritiv and the Services, including your relationship with us. Please read them carefully and review them regularly. BY USING OUR PLATFORM YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

  1. Introduction: These Terms of Use for all Users govern your use of The Naritiv and your agreement with us.
  2. Interpretation: In the Terms of Service:
    1. we refer to our mobile platform as “The Naritiv”, including when accessed via the URL www.thenaritiv.com;
    2. references to “we”, “our”, “us” are references to The Naritiv, Inc., the operator of The Naritiv;
    3. “Content” means any material uploaded to The Naritiv by any User (whether a Creator or a Subscriber), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
    4. “Creator” means a User who has set up their The Naritiv account as a Creator account to post Content on The Naritiv to be viewed by other Users;
    5. “Services” means the services available on and through the Naritiv platform.
    6. “Subscriber” means a User who follows a Creator and is able to view the Creator’s Content;
    7. “Subscriber/Creator Transaction” means any transaction between a Subscriber and a Creator on The Naritiv by which access is granted to the Creator’s Content including in any of the following ways: (i) a Subscription, (ii) payments made by a Subscriber Creator pursuant to the “tip” function on a Creator’s page, or (iii) use by the Subscriber of the Subscriber interview function on a Creator’s account;
    8. “Subscriber Payment” means any and all payments made by a Subscriber to a Creator in connection with a Subscriber/Creator Transaction;
    9. “Standard Contract between Subscriber and Creator” means the terms which govern each Subscriber/Creator Transaction, which can be found here;
    10. “Subscription” means a Subscriber’s subscription to a Creator’s account;
    11. “Terms of Service” (also called “Terms” or “your agreement with us”) means the legally binding agreement between you and us which consists of: (i) these Terms of Use for all Users, (ii) Terms of Use for Subscribers, (iii) Terms of Use for Creators, (iv) Privacy Policy, (v) Acceptable Use Policy, and (vi) Complaints Policy; and
    12. “User” means any user of The Naritiv, whether a Creator or a Subscriber or both (also referred to as “you” or “your”).
  3. Who we are and how to contact us: The Naritiv is operated by The Naritiv, Inc.

To contact us with any questions about The Naritiv, please email our support team at [email protected].

  1. We reserve the right to modify the Terms at any time, with such changes becoming effective when we post the modified Terms to the Naritiv. We also reserve the right to make any changes to the Naritiv and Services in any manner and to deny or terminate your access to the Naritiv and Services, even if you have an Account, in our sole discretion. Each time you use the Naritiv or the Services, the then-current version of the Terms will apply. If you use the Naritiv or the Services after a modification of these Terms, you agree to be bound by the Terms as modified.
  2. We may make changes to or suspend or withdraw The Naritiv: We may update and change The Naritiv from time to time for any reason, including to reflect changes to our Services, Users’ needs and our business practices or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that The Naritiv, or any Content on it, will always be available or accessible without interruption. We may suspend or withdraw or restrict the availability of all or any part of The Naritiv for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.
  3. Eligibility. If you are under 13 years old, you may not use the Services. Users under the age of majority in the jurisdiction in which you reside must be signed up and managed by their parent, legal guardian, or authorized Agent. When you use The Naritiv, you represent that you are (i) at least the age of majority in the jurisdiction where you reside or (ii) if you have not reached the age of majority in the jurisdiction where you reside, that you have received permission to use The Naritiv from your parent or legal guardian. You also represent that your use of The Naritiv does not violate any applicable law or regulation.
  4. Registering with The Naritiv: To use The Naritiv you must first register and create a User account on The Naritiv. By registering for an Account with The Naritiv, you grant us a worldwide, royalty-free, non-exclusive, sub-licensable, unconditional, perpetual and transferable license to display your name, image and likeness in a form clearly indicating your status as a platform or program participant, in all forms of media and through any media channels (now known or hereafter developed), including but not limited to television, radio, print, Internet site, social media platform, and other electronic communications. Notwithstanding anything to the contrary in this Section, upon the termination or cancellation of your account, our rights to display your name, image and likeness will automatically terminate. As part of the Account creation process, you may be asked to provide a valid email address, username and password unique (meaning that it is different to those you use for other websites) to the Account (“Login Information”). You are responsible for the confidentiality and use of your Login Information and agree not to transfer or disclose your Login Information to any third party other than an individual with express authority to act on your behalf. If you suspect any unauthorized use of your Account, you agree to notify us immediately. You acknowledge and agree that you are solely responsible for any activities occurring under your Account. You acknowledge further that The Naritiv is not a lawyer, and it is your responsibility to assure that you are adhering to all rules and regulations of the National Collegiate Athletic Association (“NCAA”), your conference, your high school athletic association, your state and any other governing bodies which may provide oversight of your activities (“Governing Bodies”). To register as a User:
    1. you represent and warrant that you comply with the Eligibility requirements of Section 6 above;
    2. you must be permitted by the laws of the jurisdiction in which you reside to join The Naritiv and to view any Content available on it and to use any functionality provided by it;and
    3. you must provide such other information or verification records as we require.

If you do not meet the above requirements, you must not access or use The Naritiv.

  1. Your commitments to us: When you register with and use The Naritiv, you make the following commitments to us:
    1. If you previously had an account with The Naritiv, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
    2. You will make sure that all information which you submit to us is truthful, accurate and complete.
    3. You will update promptly any of your information you have submitted to us as and when it changes.
    4. You consent to receiving communications from us electronically, including by emails and messages posted to your Naritiv account, and to the processing of your personal data as more fully detailed in our Privacy Policy.
    5. You will keep your account/login details confidential and secure, including your user details, passwords and any other piece of information that forms part of our security procedures, and you will not disclose these to anyone else. You will contact [email protected] promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
    6. You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.
    7. You will comply in full with these Terms of Use for all Users, our Acceptable Use Policy and all other parts of the Terms of Service which apply to your use of The Naritiv.
  2. Rights we have, including to suspend or terminate your account:
    1. We can, but we are not obligated to, moderate or review any of your Content to verify compliance with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law.
    2. It is our policy to suspend access to any Content you post on The Naritiv which we become aware may not comply with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law while we investigate the suspected non-compliance or unlawfulness of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at [email protected]. Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. You agree that you will at your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content under this section.
    3. If we suspend access to or delete any of your Content, we will notify you via email or electronic message to your Naritiv account, but we are not obligated to give you prior notice of such removal or suspension.
    4. We reserve the right in our sole discretion to terminate your agreement with us and your access to The Naritiv for any reason by giving you 30 days’ notice by email or electronic message to your Naritiv account. We can also suspend access to your User account or terminate your agreement with us and your access to The Naritiv immediately and without prior notice:
      • if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service (including in particular our Acceptable Use Policy), or if you attempt or threaten to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User; or
      • if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of The Naritiv.

If we suspend access to your User account or terminate your agreement with us and your access to The Naritiv we will let you know. During any period when access to your User account is suspended, any Subscriber Payments which would otherwise have fallen due during the period of suspension will be suspended, and we may withhold all or any part of the Creator Earnings due to you but not yet paid out in accordance with Section 13 of the Terms of Use for Creators.

    1. Upon termination of your account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on The Naritiv for you to be able to access your Content following termination of your account.
    2. We can investigate any suspected or alleged misuse, abuse, or unlawful use of The Naritiv and cooperate with law enforcement agencies in such investigation.
    3. We can disclose any information or records in our possession or control about your use of The Naritiv to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, to protect our rights or legal interests, or in response to legal process.
    4. We can change the third-party payment providers used to process payments on The Naritiv and if we do so, we will notify you and store applicable details on your Naritiv account.
    5. Other than Content (which is owned by or licensed to Creators), all rights in and to The Naritiv and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws.
    6. We are the sole and exclusive owners of any and all anonymized data relating to your use of The Naritiv and such anonymized data can be used by us for any purpose, including for commercial, development and research purposes.
  1. What we are not responsible for: We will use reasonable care and skill in providing The Naritiv to you, but there are certain things which we are not responsible for, as follows:
    1. We do not authorize or approve Content on The Naritiv, and views expressed by Creators or Subscribers on The Naritiv do not necessarily represent our views.
    2. We do not grant you any rights in relation to Content. Any such rights may only be granted to you by Creators.
    3. All Content is created, selected, and provided by Users and not by us. We are not responsible for reviewing or moderating Content, and we do not select or modify the Content that is stored or transmitted via The Naritiv. We are under no obligation to monitor Content or to detect breaches of the Terms of Service (including the Acceptable Use Policy).
    4. You agree that you have no obligation to follow any suggestions, comments, reviews, or instructions received from another User of The Naritiv and that if you choose to do so, you do so entirely at your own risk.
    5. We make no promises or guarantees of any kind that Creators will make a particular sum of money (or any money) from their use of The Naritiv.
    6. The materials which we make accessible on The Naritiv for Users are for general information only. We make no promises or guarantees about the accuracy or otherwise of such materials, or that Users will achieve any particular result or outcome from using such materials.
    7. We do not promise that The Naritiv is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access The Naritiv. You should use your own virus protection software.
    8. We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of The Naritiv.
    9. While we try to make sure that The Naritiv is secure and free from bugs and viruses, we cannot promise that it will be and have no control over the Content that is supplied by Creators.
    10. We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.
    11. You acknowledge that once your Content is posted on The Naritiv, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your Content which may have been recorded by other Users in breach of the Terms of Service or by third parties prior to the deletion of your account.
    12. You are responsible for your own activities in connection with your use of the Naritiv, including creation and distribution of any Content for which Creators may receive money from Subscribers, and Subscribers may pay money to Creators. Accordingly, you are responsible for knowing and complying with the rules, regulations, laws and other similar rules of any applicable Governing Body to which you may be subject (collectively, “Association Regulations”). The Naritiv is not responsible if you do not abide by Association Regulations (or any other similar rules or regulations) in connection with your use of the Naritiv. If you act in violation of Association Regulations, the Naritiv may take reasonable steps in response, including, but not limited to, termination of your access to and use of the Naritiv and/or reporting of such conduct to the applicable Governing Body. The Naritiv does not knowingly promote any violations of Association Regulations (or any other similar rules or regulations) and is not liable or responsible in any way for any such violations by Creators or Subscribers and any consequences therefrom. Each Creator understands and agrees that the NCAA and the Creator’s applicable university (each a “University”) or high school, maintains rules and regulations concerning eligibility requirements for Creators to qualify as a high school or collegiate student-athlete, as applicable (collectively, “Eligibility Requirements”). Creator further understands and agrees that it is solely responsible for meeting its Eligibility Requirements, including but not limited to independently determining whether use of The Naritiv complies with the applicable (1) NCAA policies, rules and regulations, (2) high school athletic association policies, rules and regulations, (3) state and federal law concerning name, image and likeness activities, (4) policies of a Creator’s University or high school or their respective athletic departments, and (5) any other laws, rules, regulations or policies.
  2. Intellectual property rights – ownership and licenses:
    1. You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses in respect of your Content to us and to other Users. This includes any rights required to engage in the acts covered by sub-section 11(b) below in any territory in which The Naritiv is accessible.
    2. You agree to grant us a license under all your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of The Naritiv. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal in your Content.
    3. The license which you grant to us under sub-section 11(b) above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using The Naritiv, that we do not have to pay you for the license, and that we can grant a sub-license of your Content to someone else or assign or transfer the license to someone else. This license will allow us, for example, to add stickers, text, and watermarks to your Content, to make your Content available to other Users of The Naritiv, as well as to use your Content for other normal operations of The Naritiv. We will never sell your Content to other platforms, though we may sell or transfer any license you grant to us in the Terms of Service in the event of a sale of our company or its assets to a third party.
    4. While we do not own your Content, you grant us the limited right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your Content. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf. Please see our Complaints Policy for how to make a complaint about infringement of intellectual property rights.
    5. You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on The Naritiv. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us when dealing with your Content (as permitted by the license which you give us in section 11(b) above) to add watermarks, stickers or text to your Content.
  3. Social Media Platforms: Users have the facility to display active social media accounts on their The Naritiv account and to share certain Content in the form of The Naritiv posts, in full or in part, to other social media accounts using the share feature. If you use this feature, you must fully comply with such other social media accounts’ terms of service from time to time in respect of any Content shared in this way.
  4. Linking to and from The Naritiv:
    1. Links to The Naritiv:
      • You may link to The Naritiv homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
      • If you are a Creator, when promoting your Creator account you must comply with our Terms of Service and the terms of service of any other website or social media platform where you place a link to or otherwise promote your Creator account. When promoting your Creator account, you must not impersonate The Naritiv or give the impression that your Creator account is being promoted by us if this is not the case. You must not promote your Naritiv account by using Google Ads or any similar advertising platform or search engine advertising service.
    2. Links from The Naritiv: If The Naritiv contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to The Naritiv, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
    3. Domain Names: In some instances, The Naritiv may allow Creators to register or use domain names that contain The Naritiv trademark or a confusingly similar term. However, you will not register such a domain name, unless:
      • The domain name is registered by the Creator.
      • The domain name redirects to the Creator’s The Naritiv profile. Domain names containing the The Naritiv trademark or a confusingly similar term must not direct to any other website, including link aggregators.
      • The Creator obtains prior written permission from The Naritiv and signs a licensing agreement.

If you would like to register a domain name containing the The Naritiv trademark or a confusingly similar term, please contact [email protected]. Failing to comply with these provisions or the licensing agreement will be considered a violation of the licensing agreement and may result in The Naritiv filing a domain dispute against the registrant.

  1. How do I delete my account? If you want to delete your Naritiv account then you may do so in the ‘User Account’ section of your Naritiv account.
    1. If you are a Subscriber, the deletion of your account will take place within a reasonable time following your request.
    2. If you are a Creator, then once you initiate the “delete account” process your account will remain open until the last day of your Subscribers’ paid Subscription period, following which you will receive your final payment and your account will be deleted.
    3. If you are both a Subscriber and a Creator then your account will be deleted in two stages (Subscriber first and then Creator).
    4. Once your account has been deleted you won’t be charged any further amounts or have access to your former The Naritiv account or its Content, and any subscriptions will be deleted and cannot be subsequently renewed. You will receive an email confirmation upon the successful deletion of your account. Once your account has been deleted, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on The Naritiv for you to be able to access your Content following termination of your account.
  2. Who is responsible for any loss or damage suffered by you?
    1. Limitation of Liability

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall The Naritiv, its owners, agents, shareholders, directors, officers, licensors, or suppliers be liable to you or to any other person:

  • For loss of profits;
  • For loss of sales, business, or revenue;
  • For loss of business opportunity, goodwill or reputation;
  • For loss of anticipated savings;
  • For loss of data or information, including any Content; or
  • For any loss or damage caused by a distributed denial-of-service attack, virus, malware, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of The Naritiv or any of its Services, features or programs, or due to your downloading of any material posted on it, or on any website linked to it;
  • For any disclosure of your identity, or any disclosure or publication of your personal information by other Users or third parties without your consent (also known as “doxing”);
  • If your Content is copied, distributed, reposted elsewhere or its copyright is infringed by another User or any third party;
  • For any failure or delay by us in complying with any part of the Terms of Service arising from events outside our reasonable control. If there is any failure or delay by us in complying with any part of the Terms of Service arising from an event outside our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay;
  • For any loss of athletic eligibility or other athletic or academic opportunities;
  • For loss of rights, privileges, status or otherwise at any high school, college, university or any other educational institution; or
  • For any indirect, special, incidental, or consequential damages of any kind.

Our total liability to you for any and all claims arising out of or related to your agreement with us, whether in contract, tort (including negligence), or otherwise shall be limited, in the aggregate, to the greater of (1) $100 or (2) the amounts paid and/or payable by you to us in connection with your use of The Naritiv in the twelve-month period preceding the applicable claim.

    1. No Warranties

Naritiv is provided to you on an “as-is” basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of Naritiv will be uninterrupted or error-free. Accordingly, we do not:

  • Make any representations or warranties about any content contained in or accessed through Naritiv, and we will not be responsible for the accuracy, copyright compliance, legality, or decency of material contained on our products and Services. 
  • Make any representations or warranties regarding suggestions or

recommendations of products or services (including Publisher

newsletters) offered or purchased through Naritiv. Products and

services purchased or offered through Naritiv, including

newsletters, are provided “as-is” and without any warranty of any

kind from Naritiv.

    1. Limitation period for bringing claims

Except where prohibited by applicable law, any claim or cause of action which you have concerning The Naritiv (including those arising out of or related to your agreement with us) must be filed within one year after the date on which such claim or cause of action arose or the date on which you learned of the facts giving rise to the cause of action (whichever is the earlier), or be forever barred.

  1. Miscellaneous Terms

The above covers most of the questions that we typically receive about The Naritiv. We have grouped provisions that come up less frequently below:

    1. Indemnification: To the fullest extent allowed by applicable law, you agree to indemnify and hold The Naritiv, its affiliates, officers, directors, agents, employees, owners, shareholders and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of The Naritiv (including any actions taken by a third party using your account), and (b) your violation of these Terms.  In the event of such a claim, suit, or action, we will attempt to provide notice to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
    2. Assignment: You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Naritiv account, in any way (by operation of law or otherwise) without our prior written consent.  We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
    3. Choice of Law: These Terms are governed by and will be construed under applicable federal law and the laws of the State of Texas, without regard to the conflicts of laws provisions thereof.
    4. Arbitration and Class Action Waiver: Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Harris County, Texas, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, you and Naritiv shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.  For all purposes of these Terms, you consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Harris County, Texas, or the Southern District of Texas. The prevailing party in any action or proceeding arising out of these Terms will be entitled to an award of costs and attorneys’ fees. To the fullest extent permitted by law, you and The Naritiv, Inc. agree that all claims against the other can only be brought in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or other representative proceeding. We agree that arbitrators may not conduct any class, consolidated, or representative proceeding, and are limited to providing relief warranted by an individual party’s claim.
    5. No Third-Party Beneficiaries: We agree there are no third-party beneficiaries intended under these Terms.
    6. No Joint Venture: You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of The Naritiv, Inc., and you do not have any authority of any kind to bind us in any respect whatsoever.
    7. Waiver: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
    8. Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
    9. Entire Agreement: You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
  1. Other terms which form part of your agreement with us: These Terms of Use for all Users govern your agreement with us. Certain other terms or policies forming part of the Terms of Service will also apply to you and form part of your agreement with us, as follows:
    1. Terms of Use for Subscribers – which contain additional terms which apply if you use The Naritiv as a Subscriber;
    2. Terms of Use for Creators – which contain additional terms which apply if you use The Naritiv as a Creator;
    3. Privacy Policy – which applies to all Users and tells you how we use your personal data and other information we collect about you;
    4. Acceptable Use Policy – which applies to all Users and tells you what you can and can’t do on The Naritiv;
    5. Terms – which outline the terms that apply if you participate in the The Naritiv; and
    6. Complaints Policy – which sets out the procedure for making a complaint about any aspect of The Naritiv, and how we will deal with that complaint.

If there is any conflict between these Terms of Use for all Users and any of the terms or policies listed at Section 17(a) to (f) above, the Terms of Use for all Users will apply to the extent of the conflict.

Last updated: August 2023

TERMS OF USE FOR SUBSCRIBERS

BY USING OUR PLATFORM AS A SUBSCRIBER YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

  1. Introduction: These Terms of Use for Subscribers are additional terms which apply if you use The Naritiv as a Subscriber (also referred to as “you” and “your” in these Terms of Use for Subscribers). These Terms of Use for Subscribers form part of your agreement with us.
  2. Interpretation: In these Terms of Use for Subscribers, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
    1. “Tax” shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the United States or any other jurisdiction.
  3. Other terms which will apply to your use of The Naritiv: The following terms will also apply to your use of The Naritiv and you agree to them:
    1. Our Terms of Use for all Users;
    2. Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
    3. Our Acceptable Use Policy – which tells you what you can and can’t do on The Naritiv;
    4. Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of The Naritiv, and how we will deal with that complaint; and
    5. The Standard Contract between Subscriber and Creator – which does not form part of your agreement with us, but which governs and sets out the terms applicable to each Subscriber/Creator Transaction you enter into on The Naritiv.
  4. Other terms which may apply to your use of The Naritiv: The following additional terms may apply to your use of The Naritiv:
    1. If you are also a Creator, the Terms of Use for Creators will apply to your use of The Naritiv as a Creator; and
    2. If you participate in the The Naritiv, the Terms will apply to your use of The Naritiv.
  5. Your commitments to us: You represent and warrant (which means you make a legally enforceable promise) that:
    1. You are (i) at least the age of majority in the jurisdiction where you reside or (ii) if you have not reached the age of majority in the jurisdiction where you reside, that you have received permission to use The Naritiv from your parent or legal guardian;
    2. Your use of The Naritiv does not violate any applicable law or regulation;
    3. you will provide such information or verification records as we require; and
    4. you are able and willing to make payment (where required) to view Content available on The Naritiv which you wish to view and to use any functionality provided by The Naritiv that you wish to use.
  6. Content – general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Subscriber on The Naritiv:
    1. You represent and warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on The Naritiv:
      1. the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
      2. you either own your Content (and all intellectual property rights in it) or have a valid license to your Content; and
      3. if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on The Naritiv.
    2. You represent and warrant that you will consume Content only for your own use and you will not transmit, transfer, convey, sell, use for your own commercial purposes, or otherwise share in any manner with any other person or entity any Content that you view, obtain or otherwise consume on The Naritiv, whether such access, view, receipt or other consumption is direct from a Creator or from another Subscriber or third party. In the event that you breach the terms of this Section 6(b), we have the right to immediately suspend or terminate your use of The Naritiv. You also agree and acknowledge that money damages are not a sufficient remedy for a breach of this Section 6(b) and that we shall be entitled to specific performance or injunctive relief (as appropriate) as a remedy for any breach or threatened breach thereof, in addition to any other remedies available at law or in equity, including money damages.
    3. You agree that you will be liable to us and indemnify us if any of the representations and warranties in Section 6(a) and 6(b) are untrue, or if you otherwise breach any provisions of Section 6(a) or 6(b). This means you will be responsible for any loss or damage we suffer as a result of any breach of Section 6(a) or 6(b).
    4. We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of The Naritiv. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
  7. Subscriptions and purchases by Subscribers: This section describes the terms which apply to Subscriber/Creator Transactions:
    1. All Subscriber/Creator Transactions are contracts between Subscribers and Creators on the terms of the Standard Contract between Subscriber and Creator. Although we facilitate Subscriber/Creator Transactions by providing The Naritiv platform and storing Content we are not a party to the Standard Contract between Subscriber and Creator or any other contract which may exist between a Subscriber and Creator, and are not responsible for any Subscriber/Creator Transactions.
    2. Creators are solely responsible for determining (within the parameters for pricing on The Naritiv) the pricing applicable to Subscriber/Creator Transactions and the Content to which you may be given access. All prices appear in USD only.
    3. Subscriber Payments are exclusive of Sales or any other Tax applicable to us, which shall be added at the current rate, as applicable, to Subscriber Payments.
    4. To be able to enter into a Subscriber/Creator Transaction with a particular Creator, you must first add a payment card to your account and then click the ‘Subscribe’ button on the relevant Creator’s profile.
    5. You authorize us and our subsidiary companies to supply your payment card details to a third-party payment provider for the purpose of processing your Subscriber Payment. All Subscriber Payments will be charged in USD. Your payment card provider may charge you currency conversion fees, if applicable. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we and our subsidiary companies will not be responsible for paying any charges or fees imposed by your payment card provider or bank.
    6. If you choose to provide details of two or more payment cards, then if you try to make a Subscriber Payment from the first card and the card is rejected for any reason, then the other payment card will be used to collect the full Subscriber Payment.
    7. The payment provider will take (i) periodic payments from your payment card for Subscriber Payments which are Subscriptions; and (ii) immediate payments from your payment card for Subscriber Payments other than Subscriptions (including any tips paid by you to a Creator). You authorize and consent to each of these payments being debited using your supplied payment card details.
    8. Apart from free-trial Subscriptions, all Subscriptions to a Creator’s profile will be for a month-to-month period, with the first subscription month being prorated for the number of days remaining in such month. All subscriptions to a Creator’s profile will automatically renew at the end of the relevant subscription period, except if your payment card is declined or the subscription price for the Subscription has increased. This means that if you want to stop subscribing to a Creator’s profile and paying continuing monthly subscription charges, you will need to cancel each athlete in the Subscriptions tab. If you cancel a Subscription you will continue to be permitted to view the relevant Creator’s Content until the end of the subscription period in which you cancelled, after which no further payments will be taken from your payment card in respect of subscriptions to that Creator’s profile (unless you choose to pay for a new Subscription to that Creator’s profile), and you will no longer be able to view the relevant Creator’s Content.
    9. You agree that you will not make unjustified requests for a refund in respect of any Subscriber/Creator Transaction to a Creator, or unjustified chargeback requests of your payment card provider in relation to any Subscriber/Creator Transaction to a Creator. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.
  8. Suspension of your User account: If we suspend your User account in accordance with our rights under the Terms of Service, then any Subscriber Payments which would otherwise have fallen due during the period of suspension of your User account will be suspended during the period of the suspension of your User account.

Last updated: August 2023

TERMS OF USE FOR CREATORS

BY USING OUR PLATFORM AS A CREATOR YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

  1. Introduction: These Terms of Use for Creators are additional terms which apply if you use The Naritiv as a Creator (also referred to as “you” and “your” in these Terms of Use for Creators). These Terms of Use for Creators form part of your agreement with us.
  2. Interpretation: In these Terms of Use for Creators, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
    1. “Tax” shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the United States or any other jurisdiction.
  3. Other terms which will apply to your use of The Naritiv: The following terms will also apply to your use of The Naritiv and you agree to them:
    1. Our Terms of Use for all Users;
    2. Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
    3. Our Acceptable Use Policy – which tells you what you can and can’t do on The Naritiv;
    4. Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of The Naritiv, and how we will deal with that complaint; and
    5. The Standard Contract between Subscriber and Creator – which does not form part of your agreement with us, but which governs and sets out the terms applicable to each Subscriber/Creator Transaction you enter into on The Naritiv.
  4. Other terms which may apply to your use of The Naritiv: The following additional terms may apply to your use of The Naritiv:
    1. If you are also a Subscriber, the Terms of Use for Subscribers will also apply to your use of The Naritiv as a Subscriber; and
    2. If you participate in The Naritiv, the Terms will apply to your use of The Naritiv.
  5. What are the fees that we charge Creators for the use of The Naritiv? We charge a fee to you of twenty percent (20%) of all Subscriber Payments made to you (exclusive of any Tax element of the Subscriber Payment) (called the “Platform Fee”). The remaining eighty percent (80%) of the Subscriber Payment (exclusive of any Tax element of the Subscriber Payment) is payable to you (called “Creator Earnings”). The Platform Fee includes the costs of providing, maintaining and operating The Naritiv and storing your Content. The Platform Fee is deducted from the Subscriber Payment, and Creator Earnings are paid to you in the way described in the Payouts to Creators section below.
  6. How to set up your account as a Creator account: To set up your account as a Creator account:
    1. You will need on your User account page to upload a valid form of ID, either a government-issued ID or a high school ID.
    2. Once verified by Naritiv staff, you will need to onboard with Stripe Inc. (“Stripe”). The Naritiv utilizes Stripe services for credit card and other electronic payment methods for transactions on the Naritiv. Stripe provides these services directly to parties pursuant to its own terms and privacy policy, located here and here.
    3. We may ask you for additional age or identity verification information at any time, including a government-issued ID or other information of a parent or legal guardian if you are under the age of 18. We may reject your application to set up a Creator account for any reason.
    4. Once you have set up your account as a Creator account, any Subscribers who subsequently subscribe to your account will be charged the monthly subscription fee. If you want to charge your Subscribers a fee for interviews, you will need to set your per-question interview price for your Subscribers on your account.
    5. You will then be able to start adding Content and Users will be able to subscribe to your account to become your Subscribers.
    6. If you lose access to your account, you can reset your password, but you will need to know the email address used to set up the account to do so. If you do not recall the email address used to set up the account, we may require you to provide identification documents and photos and any additional evidence we may reasonably require to prove your identity. Contact [email protected] for assistance.
  7. Personal legal responsibility of Creators: Only individuals can be Creators. Every Creator is bound personally by the Terms of Service. If you have an agent, agency, management company or other third party which assists you with the operation of your Creator account (or operates it on your behalf), this does not affect your personal legal responsibility. Our relationship is with you, and not with any third party, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms of Service. You are legally responsible for any actions taken by any agent, agency, management company or other third party with respect to your Creator account.
  8. Subscriber/Creator Transactions: This section describes the terms which apply to Subscriber/Creator Transactions:
    1. All Subscriber/Creator Transactions are contracts between Subscribers and Creators on the terms of the Standard Contract between Subscriber and Creator. Although we facilitate Subscriber/Creator Transactions by providing The Naritiv platform and storing Content, we are not a party to the Standard Contract between Subscriber and Creator or any other contract which may exist between a Subscriber and Creator, and are not responsible for any Subscriber/Creator Transaction.
    2. Subscriber Payments are exclusive of Tax, which shall be added at the current rate as applicable to Subscriber Payments.
    3. When you receive confirmation from The Naritiv, either in the ‘Statements’ page of your User account or by email (or both), that the Subscriber/Creator Transaction has been confirmed, you must perform your part of such Subscriber/Creator Transaction (for example, by allowing the Subscriber to view the Content on your Creator account and/or providing the customized Content (including interviews) paid for by the Subscriber and/or allowing the Subscriber to use the Subscriber interaction function paid for (as applicable)). You agree that you will indemnify us for any breach by you of this obligation (which means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of you failing to comply with this obligation).
  9. Content – general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Creator on The Naritiv:
    1. You authorize your Subscribers to access and view your Content on The Naritiv for their own lawful and personal use, and in accordance with any licenses that you grant to your Subscribers.
    2. You represent and warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on The Naritiv:
      1. the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
      2. you hold all rights necessary to license and deal in your Content on The Naritiv, including in each territory where you have Subscribers and in the United States;
      3. you either own your Content (and all intellectual property rights in it) or have a valid license to offer and supply your Content to your Subscribers;
      4. if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on The Naritiv; and
      5. the Content is:
        1. reasonably suitable for any purpose which the Subscriber has made known to you is the purpose for which the Subscriber is using the Content; and
        2. as described by you.
    3. You agree that you will be liable to us and indemnify us if any of the warranties at Section 9(b) is untrue. This means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the warranties being untrue.
    4. We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of The Naritiv. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
    5. You also agree to act as custodian of records for the Content that you upload to The Naritiv.
  10. Advertising on The Naritiv:
    1. If you post or upload video Content to your Creator account which is designed to promote, directly or indirectly, a third-party’s goods, services or image in return for payment, other valuable consideration, or self-promotional purposes (including advertising, sponsorship, and product placement) (together “Advertising Content”), then you must comply with the requirements set out in Sections 10(b) and (c) of these Terms of Use for Creators.
    2. Requirements – Advertising Content: You must ensure that any Advertising Content which you post to your Creator account:
      1. does not:
        1. prejudice respect for human dignity;
        2. include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
        3. encourage behavior prejudicial to health or safety;
        4. encourage behavior grossly prejudicial to the protection of the environment;
        5. cause physical, mental or moral detriment to any person;
        6. directly urge persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
        7. directly encourage persons to persuade others to purchase or rent goods or services;
        8. exploit the trust of persons in others; or
        9. unreasonably show persons in dangerous situations;
      2. does not advertise cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illegal drugs, or any prescription-only medicine; and
      3. does not advertise, promote, or facilitate illegal gambling.
    3. Transparency requirement – Advertising Content: You must declare that any Advertising Content which you post or upload to The Naritiv contains advertising by including the signifier #ad in the caption to the Advertising Content before posting or uploading. You are responsible for the consequences of uploading and/or receiving compensation for any Advertising Content to The Naritiv, including any suspensions or loss of athletic eligibility or violations of Association Regulations or other applicable rules.
  11. Co-authored Content:
    1. If you upload Content to your Creator account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) (“Co-Authored Content”), you warrant (which means you make a legally enforceable promise to us) that each individual shown in any Co-Authored Content uploaded to your account is (i) a Creator on The Naritiv; or (ii) consents to being included in the Content with you pursuant to Section 11.b. below.
    2. You further warrant that you have obtained and keep on record written consent from each individual shown in your Co-Authored Content that such individual:
      1. has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and
      2. has consented to the Co-Authored Content in which he or she appears being posted on The Naritiv.
    3. In addition to the confirmations in sections 11(a) and (b) above, you agree that if you upload Co-Authored Content where the other person or people appearing in the Content maintain a Creator account on The Naritiv, you will tag The Naritiv account(s) of any person or people appearing in the Co-Authored Content who can be identified from it.
    4. If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on The Naritiv.
    5. You agree that we will only arrange for Creator Earnings to be paid to the account of the Creator to which the Co-Authored Content is uploaded. The Creator who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the individuals shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between you and such individual(s), and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Creator Earnings earned on any Co-Authored Content in which you appear but which is posted on another Creator’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Creator, terminate your account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.
    6. You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Creator (s) who posted Co-Authored Content or the individual(s) who appeared in the Co-Authored Content (as applicable). CREATOR
  12. Payouts to Creators:
    1. All Subscriber Payments will be received by a third-party payment provider approved by us.
    2. The amount that you see in your ‘current balance’ in your Stripe account is your Creator Earnings at the relevant time. All Subscriber Payments and Creator Earnings are transacted in USD only. Within Stripe, Subscriber Payments and Creator Earnings figures will be reflected in your local currency, at an exchange rate controlled by Stripe. Your bank may charge you currency conversion or transfer fees to receive the money, if applicable. Additionally, your e-wallet company may charge you a fee for accessing the money. We do not have control over currency exchange rates or charges imposed by your bank or your e-wallet company, and we and our subsidiary companies will not be responsible for paying any charges imposed by your bank or your e-wallet company.
    3. If a Subscriber successfully seeks a refund or chargeback from their credit card provider in respect of a Subscriber Payment made to you, we may investigate and may decide to deduct from your account an amount equal to the Creator Earnings earned by you on the charged-back or refunded amount.Upon the request and submission of interview questions by a Subscriber to a Creator, a hold will be placed on the Subscriber’s credit card on file for a reasonable period of time, in Our sole and absolute discretion, for the amount agreed to be paid by the Subscriber to the Creator for answering such interview question(s). If the Creator fails to respond to such question(s) in good faith within such reasonable period of time, the hold will be lifted and the applicable amount will be returned to the Subscriber.

Circumstances in which we may withhold Creator Earnings:

    1. We may withhold all or any part of the Creator Earnings due to you but not yet paid out:
      1. if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
      2. if you attempt or threaten to breach any part of the Terms of Service in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
      3. if we suspect that all or any part of the Creator Earnings result from unlawful or fraudulent activity, either by you or by the Subscriber who made the Subscriber Payment resulting in the Creator Earnings, for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) the Creator Earnings result from unlawful or fraudulent activity, we may notify you that you have forfeited your Creator Earnings.
      4. If you do not reasonably fulfill your responsibilities to answer in good faith any interview questions as agreed with and paid for by any Subscriber(s), The Naritiv has sole and absolute discretion to determine if you are fulfilling such responsibilities and to take such actions in response as it deems necessary, including but not limited to, (i) withholding Creator Earnings, and (ii) suspending or terminating Creator’s account.
    2. We may also withhold all or any part of the Creator Earnings due to you but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on Creator Earnings. We undertake no duty to pay Creator Earnings to third-party lienholders and may withhold payment of Creator Earnings until the lien has been removed.
    3. We shall not have any responsibility to you if we withhold or forfeit any of your Creator Earnings where we have a right to do so under these Terms of Use for Creators.
    4. If we are withholding all or any part of the Creator Earnings due to you and we determine that part of the Creator Earnings withheld by us is unrelated to breaches by you of the Terms of Service, suspected unlawful or fraudulent activity, or any other reason set forth herein, then we may arrange for you to be paid the part of the Creator Earnings which we determine to be unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all Creator Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.
    5. If once we have finished our investigation we determine that Creator Earnings are forfeited, we will (unless prohibited by law) use our best efforts to ensure that any Subscriber Payments which resulted in forfeited Creator Earnings are returned to the relevant Subscribers who paid such Subscriber Payments.
  1. Promoting Tax Compliance:
    1. General:
      1. We recommend that all Creators seek professional advice to ensure you are compliant with your local Tax rules, based on your individual circumstances.
      2. By using The Naritiv as a Creator, you warrant (which means you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of The Naritiv to the relevant Tax authority in your jurisdiction, as required by law.
      3. By using The Naritiv as a Creator you warrant (which means you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to Tax which apply to you. If, at any point while you have an The Naritiv account, any Tax non-compliance occurs in relation to you (including a failure by you to report earnings or the imposition on you of any penalty or interest relating to Tax) or if any litigation, inquiry, or investigation is commenced against you that is in connection with, or which may lead to, any occurrence of Tax non-compliance, you agree that you will:
        1. notify us by email to [email protected] in writing within 7 days of the occurrence of the Tax non-compliance or the commencement of the litigation, inquiry or investigation (as applicable); and
        2. promptly provide us by email to  [email protected] with:
          1. details of the steps which you are taking to address the occurrence of the Tax non-compliance and to prevent the same from happening again, together with any mitigating factors that you consider relevant; and
          2. such other information in relation to the occurrence of the Tax non-compliance as we may reasonably require.
      4. For the avoidance of doubt, you are responsible for your own Tax affairs and we and our subsidiary companies (i) are not responsible for advising you on your Tax affairs and will not be liable in respect of any general information provided on The Naritiv or by [email protected] in respect of Tax, and (ii) will not be liable for any non-payment of Tax by Creators.
      5. We reserve the right to close your Naritiv account if we are notified of or become aware of any Tax non-compliance by you.

Last updated: August 2023

ACCEPTABLE USE POLICY

BY USING OUR MOBILE PLATFORM YOU AGREE TO THIS POLICY – PLEASE READ IT CAREFULLY

This Policy applies to your use of The Naritiv and all Content on The Naritiv and forms part of your agreement with us. This Policy sets out what is and is not permitted on The Naritiv. In this Policy, defined terms have the same meanings as in our Terms of Use for all Users.

  1. Do not, in any manner, use The Naritiv except for your own personal use and do not transmit, transfer, convey, share, sell, rent, or use for your own commercial purposes or benefit, your account or any Content obtained from your use of The Naritiv to or with anyone else.
  2. Only use The Naritiv in a manner and for a purpose that is lawful.
  3. Do not upload, post, display, or publish Content on The Naritiv that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, or which encourages or promotes violence or any illegal activity.
  4. Do not use The Naritiv in any way which may exploit, harm, or attempt to exploit or harm any individual under 18 years old, for example by exposing them to inappropriate Content.
  5. Do not upload, post, display, or publish Content on The Naritiv that:
    1. shows, promotes, advertises or refers to:
      1. firearms, weapons, or any goods whose sale, possession or use is subject to prohibitions or restrictions;
      2. drugs or drug paraphernalia;
      3. self-harm or suicide;
    2. contains, promotes, advertises or refers to hate speech (being Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic);
    3. contains or refers to anyone else’s personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for The Naritiv, including passwords and security questions, financial information including bank account and credit card details, biometric data, and medical records) without that person’s express written consent;
    4. gives the impression that it comes from or is approved, licensed or endorsed by us or any other person or company;
    5. causes or is calculated to cause inconvenience, or anxiety to anyone else or which is likely to upset, embarrass, or cause serious offense to anyone else;
    6. is used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content; and/or
    7. involves or promotes third-party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job posting or employment ads without our prior express consent.

 

  1. Do not use The Naritiv to stalk, bully, abuse, harass, threaten or intimidate anyone else.
  2. Do not use The Naritiv to engage in misleading or deceptive conduct, or conduct that is likely to mislead or deceive any other User.
  3. Respect the intellectual property rights of Creators, including by not recording, reproducing, sharing, communicating to the public or otherwise distributing their Content without authorization.
  4. Do not do anything that violates Our or someone else’s rights, including intellectual property rights (examples of which are copyright, trademarks, confidential information, and goodwill), personality rights, unfair competition, privacy, and data protection rights.
  5. Do not impersonate us, one of our employees, another User, or any other person or company or falsely state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or company.
  6. Do not provide false account registration information or make unauthorized use of anyone else’s information or Content.
  7. Do not post or cause to be posted any Content which is spam, which has the intention or effect of artificially increasing any Creator’s views or interactions, or which is otherwise inauthentic, repetitive, misleading or low quality.
  8. Do not transmit, stream, or otherwise send any pre-recorded audio or video material during a live stream or otherwise attempt to pass off recorded material as a live stream.
  9. Do not use other media or methods (for example the use of codewords or signals) to communicate anything which violates this Policy.
  10. Do not reproduce, print, distribute, attempt to download, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as permitted under the Terms of Service.
  11. Do not knowingly introduce any viruses, trojans, worms, logic bombs or other material into Content which is or may be malicious or technologically harmful.
  12. Do not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of The Naritiv.
  13. Do not use The Naritiv in a way that could adversely affect our systems or security or interfere with any other User’s use of The Naritiv, including their ability to engage in real-time activities through The Naritiv.
  14. Do not use any automated program, tool or process (such as web crawlers, robots, bots, spiders, and automated scripts) to access The Naritiv or any server, network or system associated with The Naritiv, or to extract, scrape, collect, harvest or gather Content or information from The Naritiv.
  15. Do not use The Naritiv’ name, logo or any related or similar names, logos, product and service names, designs, or slogans other than in the limited ways which are expressly permitted in the Terms of Service or with our prior written agreement.

Breaches of this Policy may lead to your account being suspended or terminated, and access to your earnings being revoked, as set out in the Terms of Service.

Last updated: August 2023

COMPLAINTS POLICY

  1. Introduction: This document set out our complaints policy. If you are a User of The Naritiv, this Complaints Policy forms part of your agreement with us.
  2. Who we are and how to contact us: The Naritiv is operated by The Naritiv, Inc. To contact us with any questions about The Naritiv, please email our support team at [email protected].
  3. Interpretation: In this Complaints Policy, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition, the term “business days” means any day which is not a Saturday, Sunday or public holiday in the United States.
  4. Who can use this Complaints Policy? Whether or not you are a User of The Naritiv, you can use this Complaints Policy to alert us to any complaint which you have relating to The Naritiv.
  5. How to make a complaint: If you have a complaint about The Naritiv (including any complaint about Content appearing on The Naritiv or the conduct of a User), please send your complaint to [email protected] including your name, address, contact details, a description of your complaint and, if your complaint relates to Content, the URL for the Content to which your complaint relates.
  6. How we will deal with complaints of illegal or non-consensual Content: Following receipt of your complaint of illegal or non-consensual Content under Section 5 above:
    1. we will take such steps as we consider to be appropriate to investigate your complaint within a timescale which is appropriate to the nature of your complaint;
    2. if we require further information or documents from you, we will contact you to let you know;
    3. we will in good faith investigate your complaint within seven (7) business days;
    4. if we are satisfied that the Content is unlawful or non-consensual, we will immediately remove such Content, and we will notify you of our decision by email or other electronic message;
    5. if we are satisfied that the Content is not unlawful or non-consensual, we will notify you of our decision by email or other electronic message.

Any dispute regarding our determination that Content is non-consensual will be submitted by us to a neutral arbitration association at our expense.

  1. How we will deal with complaints related to copyright infringement: Complaints related to copyright infringement must be submitted in accordance with our DMCA Policy, and we will respond to copyright infringement complaints as set out in such policy.
  2. How we will deal with other complaints: Following receipt of other complaints (including complaints related to other breaches of our Acceptable Use Policy) under Section 5 above:
    1. we will take such steps as we consider to be appropriate to investigate your complaint within a timescale which is appropriate to the nature of your complaint;
    2. if we require further information or documents from you, we will contact you to let you know;
    3. we will in good faith take such actions as we consider appropriate to deal with the issue which your complaint has raised. If you have complained about Content which appears on The Naritiv and we are satisfied that the Content otherwise breaches our Acceptable Use Policy, we will act quickly to remove such Content;
    4. we are not obligated to inform you of the outcome of your complaint.
  3. Unjustified or abusive complaints: If you are a User of The Naritiv, you warrant (which means you make a legally enforceable promise) that you will not make any complaint under this Complaints Policy which is wholly unjustified, abusive, or made in bad faith. If we determine that you have breached this warranty, we may suspend or terminate your User account.

Last updated: August 2023

DMCA POLICY

DMCA Notice

A. Since we respect content owner rights, it is The Naritiv’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

B. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on The Naritiv, please notify The Naritiv’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide The Naritiv with the following information in writing:

a. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

b. Identification of the copyrighted work that you claim has been infringed;

c. Identification of the material that is claimed to be infringing and where it is located on The Naritiv;

d. Information reasonably sufficient to permit The Naritiv to contact you, such as your address, telephone number, and email address;

e. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

f. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to the following DMCA agent:

Attn: DMCA Notice
The Naritiv, Inc.
[email protected]

C. Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.

D. Please note that this procedure is exclusively for notifying The Naritiv and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with The Naritiv’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

E. In accordance with the DMCA and other applicable law, The Naritiv has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. The Naritiv may also, at its sole discretion, limit access to our platform and/or terminate the User Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Last updated: August 2023