Definitions and Overview
The following definitions apply to these Polarr Creator Fund Terms:
Content means your photo and copy content on Polarr, including but not limited to filter cover images, filter names, filter tags, username, profile biography, or other formats specified by us that are posted on a Polarr account controlled or operated by you or by your representative or agent.
Polarr Creator Fund means any program through which Creators are eligible to earn monthly monetary payouts from Polarr for taking certain actions with respect to their Content and/or achieving certain performance targets for that Content as defined by us.
Polarr Creator Fund Rules means any terms, conditions, or requirements that specify that they apply to a Polarr Creator Fund and that reference these Polarr Creator Fund Terms. Program Rules may be presented in-app, by email, or through some other means specified by us.
Creator, you, or your means the person or entity that posts the Content, or its authorized agent (as applicable) or all other individuals or entities acting on your behalf, at your direction, under your control, or under the direction or control of the same individual or entity who controls you.
Polarr, we, our, or us means Polarr, Inc., or any related Polarr entity.
These Polarr Creator Fund Terms govern your participation in Polarr's Creator Fund (the “Program”). By participating in the Polarr Creator Fund Program which includes but is not limited to activities such as accessing any of the Polarr Creator Fund features,or accepting payment from Polarr, Inc. (referred to herein as we, our, us, and/or Polarr) in connection with the Polarr Creator Fund, you agree to these Polarr Creator Fund Terms. Please read these Polarr Creator Fund Terms carefully.
Creator Fund Rules
Through participating in Polarr's Creator Fund, Creators are eligible to earn monthly monetary payouts based on their filter usage as defined by the relevant Polarr Creator Fund Rules outlined below. Your participation in Polarr's Creator Fund is subject to, and you agree to comply with: (a) Polarr's Terms of Service; and (b) Polarr's Community Guidelines. We reserve the right, in our sole discretion to withhold or not issue payment to you if you or your Content fail to comply with any of our terms and guidelines, including, but not limited to the policies listed herein.
- To be eligible for payment in connection with Polarr Creator Fund, you must comply with the relevant Creator Fund Rules, including any prerequisites of payment defined in those Fund Rules. Whether or not defined in the Program, you must also complete any Creator Fund onboarding and payment enrollment process associated with Polarr Creator Fund.
- Your acceptance to these Polarr Creator Fund Terms does not guarantee your access to the Polarr Creator Fund or to any payment pursuant to the Fund. Polarr, Inc. reserves the right to provide or restrict your access to the Polarr Creator Fund (and any payments made pursuant to the fund), or to terminate any Polarr Creator Fund, in our sole discretion at any time and for any reason.
- There are no representations, warranties or guarantees, express or implied, about whether you will receive payment pursuant to Polarr Creator Fund or how much payment you may receive. Payment made pursuant to a Polarr Creator Fund does not reflect or guarantee your entitlement to any future payment.
- In connection with any Polarr Creator Fund, you will only provide Content for which you own and/or control all rights (or have obtained all necessary licenses/permissions to such rights), globally and your Content will not infringe the rights of any third parties.
- You will not, and will not authorize or encourage any third party to, directly or indirectly, generate exports or generate impressions, clickthroughs, conversions or other actions with respect to any Content through any automated, deceptive, fraudulent or otherwise invalid means, including through repeated manual clicks, the use of "robots" or other automated tools, or by payment of money, false representation or any illegal or otherwise invalid means for end users to take actions with respect to that Content. To the extent you are entitled to payment based on existing impressions (or any other metric), you warrant that those metrics did not result from any automated, deceptive, fraudulent or otherwise invalid means.
- You will provide us with all applicable tax ID, tax forms, documents, or certifications as may be required by applicable law for us to satisfy any tax information reporting and/or withholding tax obligations with respect to any payments hereunder. Where applicable, we shall be entitled to deduct and withhold from any consideration payable such amounts as are required to be deducted or withheld therefrom under any provision of U.S. Federal, state, local or foreign tax law, or under any other applicable law (collectively, “Withholding Taxes”). Where applicable, you agree that you will be solely responsible for compliance with all applicable tax regulations. Where applicable, you (a) agree that we will prepare and issue VAT invoices under self-billing arrangement, (b) acknowledge and accept the validity of such self-billed invoices, and (c) agree that you will be responsible for timely remittance to applicable tax authorities of any tax amounts on such self-billed invoices that were paid to you by us. You acknowledge that we are subject to U.S. economic restrictions and trade sanctions. As such, we reserve the right to deny payment of monthly fees when required by applicable law.
- Our responsibility for anything that happens in connection with any Polarr Creator Fund (also called "liability") is limited as much as the law will allow. If there is an issue with the Polarr Creator Fund, we can't know what all the possible impacts might be. You agree that Polarr, Inc. will not be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Polarr Creator Fund Terms, even if we know they are possible.
- You agree to indemnify and hold us harmless from any claims, suits, losses, liabilities, damages, costs, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected to the Content or your breach of the Polarr Creator Fund Terms.
- You represent and warrant that: (i) you have the full right and power to agree to these Polarr Creator Fund Terms and to perform your obligations hereunder; and (ii) the performance of your obligations hereunder will not conflict with any obligations you may have to any other party.
- If you are participating in Polarr Creator Fund on behalf of a third party (including, but not limited to, as an agent or representative of a Creator), you represent and warrant that you have the authority as agent of such party to participate in such programs on their behalf, agree to these Polarr Creator Fund Terms, and hereby bind such party to these Polarr Creator Fund Terms. You agree to indemnify and hold us harmless from any claims, suits, losses, liabilities, damages, costs, and expenses resulting from your breach of the Polarr Creator Fund Terms.
- You may extend these Polarr Creator Fund Terms to any of your affiliates, agents or representatives, subject to their compliance, in which case, (a) you enter into these Polarr Creator Fund Terms on behalf of yourself and such participating affiliates, (b) you shall remain responsible for a breach of these Polarr Creator Fund Terms by such affiliates, and (c) references to “you” or “your” herein shall be interpreted as applying to such affiliates where applicable.
- You agree to receive electronic communications regarding Polarr Creator Fund, payments, and other related topics. You also agree to receipt of such communications through Polarr in-app notifications and/or via the email address provided to us. In app notifications and email notices shall be deemed received by you within 24 hours of the time posted or sent.
- You will not issue or permit any other party to issue any press release or otherwise make any public statements or disclosures (including via online media) regarding these Polarr Creator Fund Terms, the transactions contemplated by these Polarr Creator Fund Terms or performed hereunder, or about the relationship of the parties without our prior written approval.
- You agree to keep strictly confidential any non-public information disclosed to you as a result of your participation in an Polarr Creator Fund, including, where applicable, the content of any non-public Polarr Creator Fund Rules and of any other communications to you from us, whether surfaced on Polarr, 24FPS, by email, or through some other means.
- Where applicable, you accept that completion of the payment enrollment process after you accept these Terms is a condition of payment. If you do not complete the payment enrollment process immediately after accepting these Terms, you forfeit and waive all rights to receive payment of any funds.
The parties hereby supplement Polarr’s Terms of Service and all other terms, conditions and policies incorporated therein by means of these Polarr Creator Fund Terms. The Polarr Creator Fund is provided to you by Polarr, Inc., and your participation in any Polarr Creator Fund is deemed part of your use of Polarr Products. In the event of any express conflict between these Polarr Creator Fund Terms and the Terms of Service, these Polarr Creator Fund Terms will govern solely with respect to your participation in any Polarr Creator Fund and solely to the extent of the conflict.
Polarr's Terms of Service and Community Guidelines include a provision that requires the resolution of most disputes by arbitration on an individual basis. These Polarr Creator Fund Terms do not alter in any way the terms or conditions of any other agreement you may have with us. We reserve the right to monitor or audit your compliance with these Polarr Creator Fund Terms and to update these terms from time to time at our discretion, and your continued participation in Polarr Creator Fund constitutes acceptance of those changes.