PlayHouse - Terms of Service

Terms of Use for all Users
Terms of Use for Fans
Terms of Use for Creators
Acceptable Use Policy
Referral Program Terms
Complaints Policy
Platform to Business Regulation Terms

TERMS OF USE FOR ALL USERS

BY USING OUR WEBSITE, YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

Introduction: These Terms of Use for all Users govern your use of PlayHouse and your agreement with us.
Interpretation: In the Terms of Service:some text
1. we refer to our website as "PlayHouse," including when accessed via the URL www.playhouse.fans;
2. references to "we," "our," "us" are references to PlayHouse Pty Ltd, the operator of PlayHouse;
3. "Content" means any material uploaded to PlayHouse by any User (whether a Creator or a Fan), including any photos, videos, audio (such as 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 PlayHouse account as a Creator account to post Content on PlayHouse to be viewed by other Users;
5. "Fan" means a User who follows a Creator and is able to view the Creator's Content;
6. "Fan/Creator Transaction" means any transaction between a Fan and a Creator on PlayHouse 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 Fan to view a Creator's pay-per-view Content (pay-per-view media and pay-per-view livestream), and (iii) use by the Fan of the fan interaction function on a Creator's account;
7. "Fan Payment" means any and all payments made by a Fan to a Creator (i) in connection with a Fan/Creator Transaction or (ii) by way of a tip for a Creator;
8. "Referring User" means a User who participates in the PlayHouse Referral Program;
9. "Standard Contract between Fan and Creator" means the terms that govern each Fan/Creator Transaction, which can be found here;
10. "Subscription" means a Fan's subscription to a Creator's account (whether paid or unpaid and whether for one month or as part of a bundle comprising a subscription for more than one month);
11. "Terms of Service" (also called "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 Fans, (iii) Terms of Use for Creators, (iv) Privacy Policy, (v) Acceptable Use Policy, (vi) Referral Program Terms, (vii) Complaints Policy, (viii) Platform to Business Regulation Terms, and (ix) Community Guidelines;
12. "Australia" means the Commonwealth of Australia; and
13. "User" means any user of PlayHouse, whether a Creator or a Fan or both (also referred to as "you" or "your").
Who we are and how to contact us: PlayHouse is operated by PlayHouse Pty Ltd. We are a proprietary limited company registered in Australia, with company registration number 661 087 510, and we have our registered office address at Suite 116/20-40 Meagher St, Chippendale, NSW 2008, Australia. Our ABN number is 40 661 087 510. To contact us with any questions about PlayHouse, please email our support team at [email protected]. If you are unable to contact us by email, please write to us at the following address: Suite 116/20-40 Meagher St, Chippendale, NSW 2008, Australia.
How we may change the Terms of Service: We may change any part of the Terms of Service without prior notice in the following circumstances:
1. to reflect changes in laws and regulatory requirements that apply to PlayHouse and the services, features, and programs of PlayHouse where such changes require PlayHouse to modify its terms and conditions in a manner that does not allow us to provide reasonable notice to you; and
2. to address an unforeseen and imminent danger related to defending PlayHouse, Fans, or Creators from fraud, malware, spam, data breaches, or other cybersecurity risks.

We may also make other changes to any part of the Terms of Service, and we will provide you with reasonable notice of such changes by email or through PlayHouse. You may contact us to terminate your agreement with us before the changes take effect. Once any updated Terms of Service are in effect, you will be bound by them if you continue to use PlayHouse.

We may make changes to or suspend or withdraw PlayHouse: We may update and change PlayHouse 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 PlayHouse, or any Content on it, will always be available or accessible without interruption. We may suspend, withdraw, or restrict the availability of all or any part of PlayHouse for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.
Registering with PlayHouse: To use PlayHouse, you must first register and create a User account on PlayHouse. You must provide a valid email address, a username, and a password or authenticate using a valid Twitter or Google account. Your password should be unique (meaning that it is different from those you use for other websites) and must comply with the technical requirements of the PlayHouse site for password composition. To register as a User:
1. you must be at least 18 years old, and you will be required to confirm this;
2. if the laws of the country or State/province where you live require that you can only be legally bound by a contract with us at an age higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and
3. you must be permitted by the laws of the country or State/province where you are located to join PlayHouse, view any Content available on it, and use any functionality provided by it.
4. you must provide any other information or verification records as required by us.

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

Your commitments to us: When you register with and use PlayHouse, you make the following commitments to us:
1. If you previously had an account with PlayHouse, 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 ensure that all information you submit to us is truthful, accurate, and complete.
3. You will promptly update 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 PlayHouse 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 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 to prevent others from accessing, viewing, or recording 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 fully comply with these Terms of Use for all Users, our Acceptable Use Policy, and all other parts of the Terms of Service that apply to your use of PlayHouse.
Rights we have, including the right to suspend or terminate your account:
1. We can, but 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 PlayHouse that 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 reinstating access to the Content or permanently removing or disabling access to the relevant Content without obtaining any consent from you and without giving you prior notice. You agree to promptly provide us with all reasonable assistance (including by providing us with copies of any requested information) at your own cost 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 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 PlayHouse 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 PlayHouse for any reason by giving you 30 days’ notice by email or electronic message to your PlayHouse account. We can also suspend access to your User account or terminate your agreement with us and your access to PlayHouse immediately and without prior notice:
  1. if we believe you 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 that has or could have serious consequences for us or another User; or
  2. 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 PlayHouse.
    
    If we suspend access to your User account or terminate your agreement with us and your access to PlayHouse, we will notify you. During any period when access to your User account is suspended, any Fan Payments that would otherwise have fallen due 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.
5. Upon termination of your account, we may handle 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 PlayHouse for you to access your Content following termination of your account.
6. We can investigate any suspected or alleged misuse, abuse, or unlawful use of PlayHouse and cooperate with law enforcement agencies in such investigations.
7. We can disclose any information or records in our possession or control about your use of PlayHouse 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.
8. We can change the third-party payment providers used to process payments on PlayHouse, and if we do so, we will notify you and store applicable details on your PlayHouse account.
9. Other than Content (which is owned by or licensed to Creators), all rights in and to PlayHouse 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.
10. We are the sole and exclusive owners of any and all anonymised data relating to your use of PlayHouse, and such anonymised data can be used by us for any purpose, including for commercial, development, and research purposes.

What we are not responsible for: We will use reasonable care and skill in providing PlayHouse to you, but there are certain things for which we are not responsible. These include:
1. We do not endorse or approve Content on PlayHouse, and views expressed by Creators or Fans on PlayHouse do not necessarily represent our views.
2. We do not grant you any rights in relation to Content. Any rights must be granted to you by Creators.
3. Your Content may be viewed by individuals who recognize your identity. We will not be responsible if you are identified from your Content. While we may offer geofencing or geolocation technology on PlayHouse, we do not guarantee its accuracy or effectiveness, and you use it at your own risk.
4. All Content is created and provided by Users, not us. We are not responsible for reviewing or moderating Content, and we do not select or modify the Content stored or transmitted via PlayHouse. We are not obliged to monitor Content or detect breaches of the Terms of Service.
5. You have no obligation to follow suggestions, comments, reviews, or instructions from other Users. If you choose to do so, you do so at your own risk.
6. We do not guarantee any specific earnings or financial outcomes for Creators or Referring Users on PlayHouse.
7. The materials provided on PlayHouse are for general information only. We do not guarantee their accuracy or that you will achieve any particular result from using them.
8. We do not guarantee compatibility of PlayHouse with all devices and operating systems. You are responsible for configuring your devices to access PlayHouse and for using your own virus protection software.
9. We are not responsible for the availability of the internet, errors in connections, or any issues with your devices or software related to your use of PlayHouse.
10. While we strive to make PlayHouse secure and free from bugs and viruses, we cannot guarantee it, and we have no control over the Content supplied by Creators.
11. We are not responsible for lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorised activities, payments, or withdrawals.
12. Once your Content is posted on PlayHouse, we cannot control or be responsible for how other Users or third parties use your Content. Deleting your account does not guarantee the removal of your Content from other sources.
Intellectual property rights – ownership and licences:
1. You confirm that you own all intellectual property rights in your Content or have obtained necessary rights to grant licences for your Content to us and other Users. This includes the rights required for the acts described below.
2. You grant us a licence under all your Content to perform acts restricted by any intellectual property right, including reproduction, distribution, display, performance, and creation of derivative works, for the operation of PlayHouse.
3. The licence you grant us is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable, and transferable. This licence allows us to add stickers, text, watermarks, and make your Content available to other PlayHouse Users. We will never sell your Content to other platforms.
4. You grant us the right to submit infringement notifications on your behalf to third-party websites dealing with infringing copies of your Content. We do not police infringements but may submit or withdraw notifications when appropriate.
5. You waive any moral rights to object to derogatory treatment of your Content, allowing us to add watermarks, stickers, or text to your Content.
Twitter: Users can connect their Twitter accounts to PlayHouse and share Content through the share feature. When using this feature, you must comply with Twitter's terms of service.
Linking to and from PlayHouse:
1. Links to PlayHouse:
  1. You may link to the PlayHouse 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.
  2. 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 where you place a link to or otherwise promote your Creator account. When promoting your Creator account, you must not impersonate PlayHouse or give the impression that your Creator account is being promoted by us if this is not the case. You must not promote your PlayHouse account by using Google Ads or any similar advertising platform or search engine advertising service.
2. Links from PlayHouse: If PlayHouse 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 PlayHouse, 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, PlayHouse may allow Creators to register or use domain names that contain the PlayHouse trademark or a confusingly similar term. However, you will not register such a domain name, unless:
  1. The domain name is registered by the Creator.
  2. The domain name redirects to the Creator’s PlayHouse profile. Domain names containing the PlayHouse trademark or a confusingly similar term must not direct to any other website, including link aggregators.
  3. The Creator obtains prior written permission from PlayHouse and signs a licensing agreement.

If you would like to register a domain name containing the PlayHouse 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 PlayHouse filing a domain dispute against the registrant.

How do I delete my account? If you want to delete your PlayHouse account then you may do so in the 'Edit Profile' section of your PlayHouse account.
1. If you are a Fan, 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 Fans' paid Subscription period, following which you will receive your final payment and your account will be deleted.
3. If you are both a Fan and a Creator then your account will be deleted in two stages (Fan 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 PlayHouse 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 PlayHouse for you to be able to access your Content following termination of your account.
Who is responsible for any loss or damage suffered by you?
1. Whether you are a consumer or business User: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors, and (ii) fraud or fraudulent misrepresentation.
2. If you are a consumer User: If you are a consumer User, you agree that:
  1. We and our subsidiary companies, employees, owners, representatives, and agents will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of PlayHouse.
  2. If you are a consumer User and reside in the United States of America, our total liability to you for claims arising out of or related to your agreement with us shall be limited to USD 250 per claim.
3. If you are a business User: If you are a business User, you agree that:
  1. We and our subsidiary companies, employees, owners, representatives, and agents:
    1. exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to PlayHouse or any content on it. This means that if the Terms of Service do not expressly include a promise or commitment by us, then one cannot be implied by law;
    2. are not responsible to you for any loss or damage suffered by you that is not a foreseeable result of our breaching the Terms of Service or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to the Terms of Service, both we and you knew it might happen;
    3. won't be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with:
      1. your inability to use PlayHouse or any of its services, features or programs; or
      2. your use of or reliance on any content (including Content) stored on PlayHouse;
    4. won't be liable to you for any:
      1. loss of profits;
      2. loss of sales, business, or revenue;
      3. business interruption;
      4. loss of anticipated savings;
      5. loss of business opportunity, goodwill or reputation;
      6. loss of data or information, including any Content; or
      7. indirect or consequential loss or damage;
    5. won't be liable to you 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 PlayHouse 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;
    6. won't be liable to you if your Content is copied, distributed, reposted elsewhere or its copyright is infringed by another User or any third party;
    7. won't be liable to you 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");
    8. won't be liable to you 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 minimise the effect of the delay.
  2. 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), breach of statutory duty, or otherwise shall be limited to the greater of:
    1. 100% of the total fees paid by you to us in connection with your use of PlayHouse; and
    2. USD 5,000.
General: You agree that:
1. If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
2. If we fail to enforce any aspect of your agreement with us, it will not be a waiver;
3. We reserve all rights not expressly granted to you.
4. No implied licences or other rights are granted to you in relation to any part of PlayHouse, save as expressly set out in the Terms of Service.
5. Your agreement with us does not give rights to any third parties, except that the exclusions and limitations of liability in section 14 (Who is responsible for any loss or damage suffered by you?) and the terms in section 16 (Terms relating to disputes) may be enforced by our subsidiary companies, employees, owners, representatives, and agents.
6. You cannot transfer your rights or obligations under your agreement with us without our prior written consent.
7. Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate the performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations.
8. The Terms of Service form the entire agreement between us and you regarding your access to and use of PlayHouse and supersede any and all prior oral or written understandings or agreements between us and you.
Terms relating to disputes – the law which applies to your agreement with us and where disputes and claims concerning your use of PlayHouse (including those arising from or relating to your agreement with us) can be brought:
1. For consumers (Fans):
  1. Consumers - Law:
    1. If you are a consumer, your agreement with us is governed by Australian law and Australian law will apply to (i) any claim that you have arising out of or in connection with your agreement with us or your use of PlayHouse, and (ii) any claim that we have against you that arises out of or in connection with your agreement with us or your use of PlayHouse (including, in both cases, non-contractual disputes or claims). You will also be able to rely on mandatory rules of the law of the country where you live.
  2. Consumers - where claims must be brought:
    1. If you are a consumer resident in Australia, any claim which you have or which we have arising out of or in connection with your agreement with us or your use of PlayHouse (including, in both cases, non-contractual disputes or claims) may be brought in the courts of Australia or the courts of the country where you live.
    2. If you are a consumer resident outside of Australia, any claim which you have or which we have arising out of or in connection with your agreement with us or your use of PlayHouse (including, in both cases, non-contractual disputes or claims) must be brought in the courts of Australia.
2. For business Users (Creators and Referring Users):
  1. Business Users – Law:
    1. If you are a business User, your agreement with us is governed by Australian law and Australian law will apply to (i) any claim that you have arising out of or in connection with your agreement with us or your use of PlayHouse, and (ii) any claim that we have arising out of or in connection with your agreement with us or your use of PlayHouse (including, in both cases non-contractual disputes or claims), without regard to conflict of law provisions.
  2. Business Users - where claims must be brought:
    1. If you are a business User, you and we agree that the courts of Australia shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) which you have or which we have arising out of or in connection with your agreement with us (including its subject matter or formation) or your use of PlayHouse.
3. Limitation period for bringing claims: Except where prohibited by applicable law, any claim or cause of action which you have concerning PlayHouse (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.
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 Fans – which contain additional terms which apply if you use PlayHouse as a Fan;
2. Terms of Use for Creators – which contain additional terms which apply if you use PlayHouse 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 PlayHouse;
5. Referral Program Terms – which outline the terms that apply if you participate in the PlayHouse Referral Program;
6. Complaints Policy - which sets out the procedure for making a complaint about any aspect of PlayHouse, and how we will deal with that complaint;
7. Platform to Business Regulation Terms – which contain additional terms which apply to Creators who are established or resident in the European Union or the United Kingdom; and
8. Our Community Guidelines – which provide additional terms and guidance regarding your interactions with PlayHouse.

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 (h) above, the Terms of Use for all Users will apply to the extent of the conflict.

‍

Last updated: July 2023

‍

TERMS OF USE FOR FANS

BY USING PLAYHOUSE AS A FAN YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

Introduction: These Terms of Use for Fans are additional terms that apply if you use PlayHouse as a Fan (referred to as "you" and "your" in these Terms of Use for Fans). These Terms of Use for Fans form part of your agreement with us.
Interpretation: In these Terms of Use for Fans, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
1. "GST" means Goods and Services Tax imposed under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) or any similar tax, and any related interest, penalties, fines, or other charges in connection with such tax; and
2. "Tax" includes 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 Australia or any other jurisdiction.
Other terms that will apply to your use of PlayHouse: The following terms will also apply to your use of PlayHouse, and you agree to them:
1. Our Terms of Use for all Users;
2. Our Privacy Policy – which explains how we collect, use, and protect your personal data and other information;
3. Our Acceptable Use Policy – which outlines the acceptable and prohibited activities on PlayHouse;
4. Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of PlayHouse and our process for handling complaints;
5. The Standard Contract between Fan and Creator – which governs the terms applicable to each Fan/Creator Transaction on PlayHouse;
6. Our Community Guidelines – which provide additional terms and guidance regarding your interactions on PlayHouse.
Other terms that may apply to your use of PlayHouse: The following additional terms may apply to your use of PlayHouse:
1. If you are also a Creator, the Terms of Use for Creators will apply to your use of PlayHouse as a Creator;
2. If you are a Creator established or resident in the European Union or the United Kingdom, the Platform to Business Regulation Terms will also apply to you;
3. If you participate in the PlayHouse referral program, the Referral Program Terms will apply to your participation in the referral program.
Your commitments to us: By using PlayHouse as a Fan, you warrant (make a legally enforceable promise) that:
1. You are at least 18 years old.
2. If the laws of the country or state/province where you reside require a higher age to be legally bound by a contract, you are of the legal age to be bound by a contract in that jurisdiction.
3. You will provide any necessary information or verification records as we require.
4. You are permitted by the laws of the country or state/province where you reside to join PlayHouse, access and view the available Content, and use the provided functionality.
5. You are able and willing to make payments (where required) to access and view the Content and use the functionality provided on PlayHouse.
Content - general terms: In addition to the terms set out elsewhere in the Terms of Service (particularly in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded, or published by you as a Fan on PlayHouse:
1. You warrant that each item of Content you post, display, upload, or publish on PlayHouse:
  1. Complies fully with the Terms of Service (including our Acceptable Use Policy);
  2. You either own the Content and all intellectual property rights in it or have a valid licence for the Content;
  3. If the Content includes or uses any third-party material, you have obtained all necessary rights, licences, consents, and releases for the use of such third-party material in your Content and for its subsequent use and exploitation on PlayHouse.
2. You agree to be liable to us and indemnify us if any of the warranties in section 6(a) are untrue. This means you will be responsible for any loss or damage we incur as a result of any untrue warranty.
3. We are not responsible for and do not endorse any aspect of the Content posted by you or any other User of PlayHouse. We do not have an obligation to monitor the Content and do not exert direct control over the composition of your Content.
Adult material: You acknowledge that some of the Content on PlayHouse contains adult material, and you agree to consider this when deciding where to access and view Content. We will not be responsible for any loss or damage you suffer as a result of accessing or viewing Content containing adult material that places you in breach of any contract you have with a third party (such as an employment contract) or any applicable law.
Subscriptions and purchases by Fans: This section describes the terms that apply to Fan/Creator Transactions:
1. All Fan/Creator Transactions are contracts between Fans and Creators based on the terms of the Standard Contract between Fan and Creator. While we facilitate Fan/Creator Transactions by providing the PlayHouse platform and storing Content, we are not a party to the Standard Contract between Fan and Creator or any other contract between a Fan and Creator. We are not responsible for any Fan/Creator Transactions.
2. Creators have the sole responsibility for determining the pricing applicable to Fan/Creator Transactions and the Content to which you may access. All prices are displayed in USD.
3. Fan Payments exclude GST, which will be added at the prevailing rate applicable to Fan Payments.
4. To engage in a Fan/Creator Transaction with a specific Creator, you must first add a payment card to your account and click the 'Subscribe' button on the Creator's profile.
5. By providing your payment card details, you authorise us and our subsidiary companies to share your payment card details with a third-party payment provider to process your Fan Payment. All Fan Payments will be charged in USD. Your payment card provider may charge currency conversion fees, and we and our subsidiary companies are not responsible for such charges or fees imposed by your payment card provider or bank.
6. All Fan Payments made shall be subject to a processing fee imposed by our third-party payment provider. We reserve the right to pass on this processing fee to you without prior notice. The specific amount of the processing fee shall be determined by our third-party payment provider and may vary from transaction to transaction. By using our platform and engaging in any transactions, you agree to bear the responsibility for any applicable processing fees. We encourage you to review the fees associated with your transactions before proceeding with any purchases or subscriptions.
7. If you provide details of two or more payment cards, and the first card is rejected for any reason, the other payment card will be used to collect the full Fan Payment.
8. The payment provider will periodically charge your payment card for Subscription-based Fan Payments, and immediate payments for other Fan Payments, including tips to Creators. You authorise and consent to these payments being debited using your provided payment card details.
9. Except for free-trial Subscriptions, all Subscriptions to a Creator's profile will automatically renew at the end of the subscription period, unless your payment card is declined, the subscription price has increased, or you have disabled the "Auto-Renew" switch on the Creator's profile. To stop subscribing to a Creator's profile and cease recurring monthly subscription charges, you must disable the "Auto-Renew" switch on the Creator's profile.
10. If you cancel a Subscription, you can continue accessing the Creator's Content until the end of the subscription period in which you cancelled. After that, no further payments will be taken from your payment card for subscriptions to that Creator's profile (unless you initiate a new Subscription), and you will lose access to the Creator's Content.
11. You agree not to make unjustified refund requests for Fan/Creator Transactions or unjustified chargeback requests with your payment card provider regarding Fan/Creator Transactions or tips to Creators. If we determine that any refund request or chargeback request was made in bad faith, we reserve the right to suspend or delete your User account.
12. Wallet credits: You have the option to prepay an amount on PlayHouse called "Wallet Credits," which can be used for Fan Payments. Purchases on PlayHouse cannot be divided. If you attempt to make a purchase that exceeds your remaining Wallet Credits, your payment card will be charged the full amount for that purchase. Wallet Credits are subject to a maximum amount determined by us from time to time. Wallet Credits do not accrue interest and are non-refundable.
Suspension of your User account: If we suspend your User account according to our rights under the Terms of Service, any Fan Payments that would have been due during the suspension period of your User account will also be suspended.

Last updated: July 2023

‍

TERMS OF USE FOR CREATORS

BY USING PLAYHOUSE AS A CREATOR, YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

Introduction: These Terms of Use for Creators are additional terms that apply if you use PlayHouse as a Creator (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.
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. "GST" means Goods and Services Tax imposed under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) or any similar tax, and any related interest, penalties, fines, or other charges in connection with such tax; and
2. "Tax" includes 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 Australia or any other jurisdiction.
Other terms that will apply to your use of PlayHouse: The following terms will also apply to your use of PlayHouse, and you agree to them:
1. Our Terms of Use for all Users;
2. Our Privacy Policy – which explains how we collect, use, and protect your personal data and other information;
3. Our Acceptable Use Policy – which outlines the acceptable and prohibited activities on PlayHouse;
4. Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of PlayHouse and our process for handling complaints;
5. The Standard Contract between Fan and Creator – which governs the terms applicable to each Fan/Creator Transaction on PlayHouse;
6. Our Community Guidelines – which provide additional terms and guidance regarding your interactions on PlayHouse.
Other terms that may apply to your use of PlayHouse: The following additional terms may apply to your use of PlayHouse:
1. If you are established or resident in the European Union or the United Kingdom, the Platform to Business Regulation Terms will also apply to you;
2. If you are also a Fan, the Terms of Use for Fans will also apply to your use of PlayHouse as a Fan;
3. If you participate in the PlayHouse Referral Program, the Referral Program Terms will apply to your participation in the referral program.
What are the fees that we charge Creators for the use of PlayHouse? We charge a fee of twenty percent (20%) of all Fan Payments made to you as a Creator (excluding any GST component of the Fan Payment) (referred to as "Our Fee"). The remaining eighty percent (80%) of the Fan Payment (excluding any GST component of the Fan Payment) is payable to you as "Creator Earnings". Our Fee covers the costs of providing, maintaining, and operating PlayHouse and storing your Content. Our Fee is deducted from the Fan Payment, and Creator Earnings are paid to you as described in the Payouts to Creators section below.
How to set up your account as a Creator account: To set up your account as a Creator account:
1. On your User account page, you must upload a valid form of identification and two photos of yourself in accordance with the requirements specified here.
2. On your User account page, you must add a bank account or provide payment details for your bank account or preferred payment method.
3. On your User account page, you must select one of the available Payout Options provided by PlayHouse for transferring your Creator Earnings to you.
4. If you are registered for GST in Australia, you must provide your valid Australian Business Number (ABN). See the section on Tax Compliance and GST for further details.
5. Depending on your country of residence, you may need to provide additional information.
6. We reserve the right to request additional age or identity verification information at any time. We may reject your application to set up a Creator account for any reason, including those stated here.
7. Once you have set up your account as a Creator account, if you want to charge your Fans a monthly subscription fee, you must set your subscription price within the allowable range specified by PlayHouse.
8. You can then start adding Content, and Users can subscribe to your account and become your Fans.
9. If you lose access to your account, you can reset your password, but you must know the email address associated with the account to do so. If you cannot recall the email address, we may require you to provide identification documents, photos, and any additional evidence reasonably necessary to verify your identity.
Personal legal responsibility of Creators: Only individuals can be Creators. Every Creator is personally bound by the Terms of Service. If you have an agent, agency, management company, or any other third party assisting or operating your Creator account on your behalf, it does not absolve you of your personal legal responsibility. Our relationship is with you, and you will be solely responsible for ensuring that all Content posted and all use of your account complies with the Terms of Service.
Fan/Creator Transactions: This section describes the terms that apply to Fan/Creator Transactions:
1. All Fan/Creator Transactions are contracts between Fans and Creators based on the terms of the Standard Contract between Fan and Creator. While we facilitate Fan/Creator Transactions by providing the PlayHouse platform and storing Content, we are not a party to the Standard Contract between Fan and Creator or any other contract between a Fan and Creator. Therefore, we are not responsible for any Fan/Creator Transaction.
2. Fan Payments do not include GST, which will be added at the applicable rate to the Fan Payments.
3. Upon receiving confirmation from PlayHouse, either in the 'Statements' page of your User account or by email (or both), that the Fan/Creator Transaction has been confirmed, you must fulfil your obligations in such Fan/Creator Transaction. This may include allowing the Fan to view the Content on your Creator account, providing the custom Content paid for by the Fan, and enabling the paid fan interaction function (as applicable). You agree to indemnify us for any breach of this obligation, meaning you will be responsible for any loss or damage (including loss of profit) we incur as a result of your failure to comply with this obligation.
Content – general terms: In addition to the terms set out elsewhere in the Terms of Service (particularly in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded, or published by you as a Creator on PlayHouse:
1. Your Content is not confidential, and you authorise your Fans to access and view your Content on PlayHouse for their lawful and personal use, in accordance with any licences you grant to your Fans.
2. You warrant (legally promise to us) that for each item of Content you post, display, upload, or publish on PlayHouse:
  1. The Content fully complies with the Terms of Service (including our Acceptable Use Policy).
  2. You have all the necessary rights to licence and deal in your Content on PlayHouse, including in each territory where you have Fans and in Australia.
  3. You either own the rights to your Content (including all intellectual property rights) or have a valid licence to offer and supply your Content to your Fans.
  4. If your Content includes or uses any third-party material, you have obtained all necessary rights, licences, written consents, and releases for using such third-party material in your Content and for the subsequent use and exploitation of that Content on PlayHouse.
  5. The Content is:
    1. of satisfactory quality, considering the description of the Content, the price, and other relevant circumstances, including any statements or representations you make about the nature of the Content on your account or in any advertising.
    2. reasonably suitable for the purpose communicated by the Fan and made known to you.
    3. as described by you.
3. You agree to be liable and indemnify us if any of the warranties in section 9(b) are untrue. This means you will be responsible for any loss or damage (including loss of profit) we incur as a result of any warranties being untrue.
4. We are not responsible for and do not endorse any aspect of the Content posted by you or any other User on PlayHouse. We do not have an obligation to monitor the Content, and we have no direct control over the composition of your Content.
5. You agree to act as the custodian of records for the Content you upload to PlayHouse.
Advertising on PlayHouse:
1. If you post or upload video Content to your Creator account that is intended to promote, directly or indirectly, third-party goods, services, or image in exchange for payment, valuable consideration, or self-promotion purposes (including advertising, sponsorship, and product placement) (referred to as "Advertising Content"), you must comply with the requirements outlined in sections 10(b) and (c) of these Terms of Use for Creators.
2. Requirements – Advertising Content: When posting Advertising Content to your Creator account, you must ensure that:
  1. It does not:
    1. undermine human dignity.
    2. promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age, or sexual orientation.
    3. encourage behaviour detrimental to health or safety.
    4. encourage behaviour grossly detrimental to environmental protection.
    5. cause physical, mental, or moral harm to any person.
    6. directly urge individuals to purchase or rent goods or services in a manner that exploits their inexperience or credulity.
    7. directly encourage individuals to persuade others to purchase or rent goods or services.
    8. exploit the trust of individuals.
    9. unreasonably depict individuals in dangerous situations.
  2. It does not advertise cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illegal drugs, or any prescription-only medicine.
  3. It does not advertise, promote, or facilitate illegal gambling.
  4. If Advertising Content relates to alcoholic drinks, it is not aimed at minors and does not encourage excessive consumption of alcohol.
3. Transparency requirement - Advertising Content: When posting or uploading Advertising Content to PlayHouse, you must include the signifier #ad in the caption to indicate that the content contains advertising before posting or uploading.
Co-authored Content:
1. If you upload Content to your Creator account that includes anyone other than or in addition to yourself (even if the person cannot be identified in the Content) ("Co-Authored Content"), you warrant (make a legally enforceable promise to us) that each individual shown in any Co-Authored Content uploaded to your account is either i) a Creator on PlayHouse or ii) a consenting adult. Additionally, you must verify the identity and age of each individual and provide supporting documents as requested by us.
2. You further warrant that you have obtained written consent from each individual shown in your Co-Authored Content, confirming their express, prior, and fully informed consent to their appearance in the Co-Authored Content and its posting on PlayHouse.
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 PlayHouse, you will tag the PlayHouse 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 licences or consents from other joint authors of the Content, allowing such Content to be uploaded and made available on PlayHouse.
5. You agree that we will arrange for Creator Earnings to be paid only to the Creator account to which the Co-Authored Content is uploaded. The Creator who uploaded the Co-Authored Content is solely responsible for distributing any revenue generated from the Co-Authored Content among the individuals shown in it. Any revenue-sharing agreement is an independent, private agreement between you and the relevant individuals, and we are not responsible for providing or enforcing such agreements. You understand and agree that you are not entitled to any Creator Earnings earned on Co-Authored Content posted on another Creator's account. If you post Co-Authored Content on your account, we may request valid and complete legal information for all individuals appearing in the Co-Authored Content. Failure to provide the requested information may result in the removal of the Co-Authored Content, restrictions on your rights and permissions as a Creator, account termination, and/or withholding of unpaid Creator Earnings.
6. You release us from any claims arising from Co-Authored Content and agree not to make any claims against us. All claims related to Co-Authored Content must be directed to the Creator(s) who posted the Co-Authored Content or the individuals appearing in it.
Payouts to Creators:
1. All Fan Payments will be processed by a third-party payment provider approved by us.
2. If you have selected the Stripe Payout Option, Stripe will handle the collection of Fan Payments and transfer the Creator Earnings to your bank account.
3. For Payout Options other than Stripe, Our Fee will be deducted from the Fan Payment, and your Creator Earnings will be held by us or one of our subsidiary companies on your behalf.
4. Your PlayHouse account will be updated with your Creator Earnings within a reasonable timeframe. Creator Earnings will become available for withdrawal once they appear in your PlayHouse account.
5. To make a withdrawal of Creator Earnings, your PlayHouse account must reach the minimum payout amount. You can check the minimum payout amount for your country of residence and Payout Option on the Banking page of your account.
6. The "current balance" shown in your PlayHouse account represents your Creator Earnings at the relevant time. All Fan Payments and Creator Earnings are transacted in USD. If you have selected the "Stripe" Payout Option, Fan Payments and Creator Earnings figures will be displayed in your local currency using Stripe's exchange rate. Your bank may charge currency conversion or transfer fees to receive the money, and your e-wallet company may impose fees as well. We do not control currency exchange rates or charges imposed by banks or e-wallet companies, and we are not responsible for any charges imposed by them.
7. If a Fan successfully requests a refund or initiates a chargeback with their credit card provider for a Fan Payment made to you, we may investigate and potentially deduct from your account an amount equal to the Creator Earnings earned on the charged-back or refunded amount.
8. We do not store any data you disclose when registering your Payout Options with a third-party payment provider, except for direct bank transfer payment methods.
Circumstances in which we may withhold Creator Earnings:
1. We may withhold all or part of the Creator Earnings due to you but not yet paid out in the following situations:
  1. If we believe that you 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 manner that we believe could have serious consequences for us or another User (resulting in actual or potential loss to us or another User).
  3. If we suspect that all or part of the Creator Earnings result from unlawful or fraudulent activity, whether by you or the Fan making the Fan Payment, we will withhold Creator Earnings for as long as necessary to investigate the breach or suspected unlawful activity. If, following our investigation, we determine that you have seriously or repeatedly breached the Terms of Service, attempted or threatened to breach the Terms of Service with serious consequences, or engaged in unlawful or fraudulent activity resulting in Creator Earnings, we may notify you that you have forfeited your Creator Earnings.
2. We may also withhold all or part of the Creator Earnings if we receive notice that you have placed a lien or encumbrance on them. We are not responsible for paying third-party lienholders, and we may withhold payment until the lien is removed.
3. If we withhold or forfeit any Creator Earnings, we shall not be liable to you. We reserve the right to withhold or forfeit Creator Earnings in accordance with these Terms of Use for Creators.
4. If we are withholding all or part of the Creator Earnings due to you and determine that a portion is unrelated to your breach(es) of the Terms of Service or suspected unlawful activity, we may arrange for the payment of the unrelated portion. However, if your breach(es) of the Terms of Service has caused or may cause us loss, we may withhold all Creator Earnings due to you and set off the amounts against any losses we have incurred.
5. After completing our investigation and determining that Creator Earnings are forfeited, we will make reasonable efforts (unless prohibited by law) to return the Fan Payments that resulted in the forfeited Creator Earnings to the respective Fans.
Promoting Tax compliance and VAT:
1. General:
  1. We recommend that all Creators seek professional advice to ensure compliance with local Tax and VAT rules based on individual circumstances.
  2. By using PlayHouse as a Creator, you warrant (make a legally enforceable promise) that you have reported and will report all payments received in connection with your use of PlayHouse to the relevant Tax authority in your jurisdiction, as required by law.
  3. By using PlayHouse as a Creator, you warrant (make a legally enforceable promise) that you will comply with all applicable laws and regulations relating to Tax. If you engage in Tax non-compliance (including failure to report earnings or the imposition of penalties or interest related to Tax), or if litigation, inquiry, or investigation related to Tax compliance is initiated against you, you agree to:
    1. Notify us in writing within 7 days of the Tax non-compliance or the commencement of litigation, inquiry, or investigation; and
    2. Promptly provide us with details of the steps you are taking to address the non-compliance, prevent its recurrence, and any mitigating factors you consider relevant; and
    3. Provide us with any other information regarding the non-compliance as reasonably requested by us.
  4. Please note that you are responsible for your own Tax affairs, and we and our subsidiary companies:
    1. Are not responsible for advising you on Tax matters and will not be liable for any general information provided regarding Tax; and
    2. Will not be liable for any failure to pay Tax by Creators; and
    3. Reserve the right to close your PlayHouse account if we are notified of or become aware of any Tax non-compliance by you.
2. UK VAT and UK-based Creators:
  1. For UK VAT purposes only, Creators are treated as providing their services to PlayHouse, rather than directly to Fans.
  2. If you are a UK-based Creator registered for UK VAT:
    1. You will be treated, for VAT purposes, as charging PlayHouse your Creator Earnings (80% of all Fan Payments) plus UK VAT at the prevailing rate at the time of the Fan Payment.
    2. You can also add UK VAT at the prevailing rate to any Referral Payments made to you under the Referral Program Terms.
    3. You must generate monthly VAT invoices addressed to PlayHouse, in respect of your Creator Earnings (and Referral Payments, if applicable) for the relevant period, including the VAT amount.
    4. The VAT amount will be paid separately outside of your regular Creator Earnings, provided that you have submitted copies of the following documents:
      1. Your VAT registration number; and
      2. Valid VAT invoices; and
      3. VAT returns submitted to HM Revenue & Customs, including a value of taxable supplies equal to or greater than the aggregate value of your Creator Earnings (and Referral Payments, if applicable) for the relevant period.
  3. You must pay the VAT amount received directly to HM Revenue & Customs.
  4. For further information or assistance on receiving the VAT amount, please email [email protected].
  5. If you are a UK-based Creator who is not required to register for UK VAT, you should monitor your taxable sales in the UK (including Referral Payments) to ensure you have not exceeded the VAT registration threshold. As a taxable person, it is your responsibility to monitor whether you have exceeded the VAT registration threshold.
  6. While we do not monitor Creators' earnings from other sources, we may monitor UK-based Creators' annual earnings on our platform. If your earnings exceed the VAT registration threshold and you are not already VAT registered, we may notify you and ask you to register for VAT. You agree to register for VAT as soon as possible if you receive such a notification and provide us with your VAT registration number within 6 weeks. Failure to comply may result in the closure of your PlayHouse account.

Last updated: July 2023

‍

ACCEPTABLE USE POLICY

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

‍

This Policy applies to your use of PlayHouse and all Content on PlayHouse and forms part of your agreement with us. This Policy sets out what is and is not permitted on PlayHouse.

‍

In this Policy, defined terms have the same meanings as in our Terms of Use for all Users.

Do not use PlayHouse except for your own personal use, and do not sell, rent, transfer, or share your account or any Content obtained from your use of PlayHouse with anyone else.
Only use PlayHouse in a manner and for a purpose that is lawful.
Do not upload, post, display, or publish Content on PlayHouse that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening, or harassing, or which encourages or promotes violence or any illegal activity.
Do not use PlayHouse in any way that may exploit, harm, or attempt to exploit or harm any individual under 18 years old, such as by exposing them to inappropriate Content.
Do not upload, post, display, or publish Content on PlayHouse that:
1. Shows, includes, or refers to:
  1. Any individual under 18 years old (or which refers to individuals under 18 years old generally); or
  2. Any other individual unless you have written documentation that confirms that all individuals shown, included, or referred to in your Content are at least 18 years old, and you have written consent from each individual to use their name or images (or both) in the Content.
2. 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;
  4. Incest;
  5. Bestiality;
  6. Violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, extreme fisting, or genital mutilation;
  7. Necrophilia;
  8. Urine, scatological, or excrement-related material;
  9. "Revenge porn" (any sexually explicit material featuring any individual who has not given prior, express, and fully informed consent to that material (a) being taken, captured, or otherwise memorialised, or (b) being posted and shared on PlayHouse);
  10. Unlawful escort services, sex trafficking, or unlawful prostitution;
3. Contains unsolicited sexual content or unsolicited language that sexually objectifies another User or anyone else in a non-consensual way, or contains fake or manipulated sexual content in relation to another User or anyone else (including "deepfakes");
4. Contains, promotes, advertises, or refers to hate speech (Content intended to vilify, humiliate, dehumanise, 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);
5. 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 PlayHouse 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;
6. Either:
  1. In the case of Content featuring public nudity, was recorded in or is being broadcast from a country, state, or province where public nudity is illegal; or
  2. In the case of Content featuring sexual activities, was recorded in or is being broadcast from a public place where members of the public are reasonably likely to see the activities being performed (this does not include outdoor places where members of the public are not present, for example private property such as a private backyard, or secluded areas in nature where members of the public are not present).
7. Gives the impression that it comes from or is approved, licensed, or endorsed by us or any other person or company;
8. Causes or is calculated to cause inconvenience, or anxiety to anyone else or which is likely to upset, embarrass, or cause serious offence to anyone else;
9. Is used or is intended to be used to extract money or another benefit from anyone else in exchange for the removal of the Content; and/or
10. 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.
You must comply with any requirements set out in our Community Guidelines. Our Community Guidelines can be found here.
Do not use PlayHouse to stalk, bully, abuse, harass, threaten, or intimidate anyone else.
Do not use PlayHouse to engage in misleading or deceptive conduct or conduct that is likely to mislead or deceive any other User.
Respect the intellectual property rights of Creators, including by not recording, reproducing, sharing, communicating to the public, or otherwise distributing their Content without authorisation.
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.
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.
Do not provide false account registration information or make unauthorised use of anyone else's information or Content.
Do not post or cause to be posted any Content that is spam, that has the intention or effect of artificially increasing any Creator's views or interactions, or that is otherwise inauthentic, repetitive, misleading, or low quality.
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.
Do not use other media or methods (for example, the use of code words or signals) to communicate anything that violates this Policy.
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.
Do not knowingly introduce any viruses, trojans, worms, logic bombs, or other material into Content that is or may be malicious or technologically harmful.
Do not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of PlayHouse.
Do not use PlayHouse in a way that could adversely affect our systems or security or interfere with any other User's use of PlayHouse, including their ability to engage in real-time activities through PlayHouse.
Do not use any automated program, tool, or process (such as web crawlers, robots, bots, spiders, and automated scripts) to access PlayHouse or any server, network, or system associated with PlayHouse, or to extract, scrape, collect, harvest, or gather Content or information from PlayHouse.
Do not use PlayHouse's name, logo, or any related or similar names, logos, product and service names, designs, or slogans other than in the limited ways that 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: July 2023

‍

REFERRAL PROGRAM TERMS

WARNING!

In compliance with regulation 3 of the Trading Scheme Regulations 1997 (as amended) and section 120(1) of the Fair Trading Act 1973, please read the warning below in respect of the PlayHouse Referral Program:

It is illegal to persuade anyone to make a payment by promising benefits from getting others to join the PlayHouse Referral Program.
Do not be misled by claims that high earnings are easily achieved from participation in the PlayHouse Referral Program.
Although we do not demand any payment from Referring Users for the purposes of participating in the PlayHouse Referral Program, we are legally required to inform you that if you sign this contract, you have 14 days to cancel and receive a refund.

Introduction: These Referral Program Terms are additional terms that apply if you use the PlayHouse Referral Program. These Referral Program Terms form part of your agreement with us.
Interpretation: In these Referral Program Terms, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
1. "Referring User" is also referred to as "you" or "your" in these Referral Program Terms;
2. "Referred Creator" means the person who joins PlayHouse as a Creator via the Referring User's unique referral link.
What is the PlayHouse Referral Program? PlayHouse offers a referral program in which existing Users can introduce individuals interested in becoming Creators to PlayHouse and receive referral payments as described in these Referral Program Terms.
The PlayHouse Referral Program is operated by PlayHouse International Pty Ltd. We are a proprietary limited company registered in Australia, with company registration number 661 087 510, and our registered office address is Suite 116/20-40 Meagher St, Chippendale, NSW 2008, Australia.
The rules of the PlayHouse Referral Program:
1. Only Users of PlayHouse with a current User account can participate in the PlayHouse Referral Program. If a User's account has been suspended, terminated, or deleted by us or the User, that User will not be eligible to participate in the PlayHouse Referral Program.
2. You must provide your bank account details or payment method information in order to receive referral payments under the PlayHouse Referral Program.
3. Each User has a unique referral link (accessible via the User's User account) that can be shared with others. When sharing your unique referral link, you must not impersonate PlayHouse or give the impression that your referral link is endorsed or promoted by us. You must not use Google Ads or similar advertising platforms or search engine advertising services to share or promote your unique referral link. Upon our request, you must disclose the methods by which you share your unique referral link in the Bio/Website field of your PlayHouse account.
4. The Referred Creator must click on your unique referral link and register with PlayHouse using the same browser that was used to click on the referral link. If someone registers with PlayHouse without using your unique referral link, no referral payments will be made to you.
5. The Referred Creator must not have previously opened a User account with PlayHouse under the same or a different name before clicking on your unique referral link. Referral payments will not be made to you if the Referred Creator is currently or has previously been a User of PlayHouse.
6. If the Referred Creator sets up multiple User accounts, referral payments will be made to you based only on the earnings generated from their first User account. No referral payments will be made for any additional User accounts set up by the Referred Creator.
7. No referral payments will be made to you for referrals of Referred Creators who are owned or operated by you or have a commercial relationship with you. You must provide any requested information to determine whether the Referred Creator is owned or operated by you or has a commercial relationship with you.
8. When promoting PlayHouse as a Referring User:
  1. You must not give a false impression of PlayHouse, its services, programs, and content (including Content), or the Terms of Service; and
  2. You must not make statements that suggest potential Creators will make a particular sum of money or any earnings from their use of PlayHouse, nor make statements regarding the likely number of Fans.
Referral payments:
1. How are referral payments calculated? Once a Referred Creator becomes a registered User of PlayHouse according to the rules of the PlayHouse Referral Program described above, the Referring User will be paid a referral payment equal to seven and a half percent (7.5%) of Fan Payments generated by the Referred Creator within twelve months from the date the Referred Creator becomes a registered User of PlayHouse. There is no maximum referral payment by PlayHouse to the Referring User for each Referred Creator.
  
  This means that the Referring User will be paid seven and a half percent (7.5%) of the Fan Payments generated by that Referred Creator within the twelve-month period. After that, no further referral payments will be made to the Referring User in respect of that Referred Creator.
2. GST: If you are a Referring User, please note that all referral payments made to you by PlayHouse will include any applicable GST (Goods and Services Tax) as defined in the Terms of Use for Creators, unless stated otherwise in the "Promoting Tax compliance and GST" section of the Terms of Use for Creators.
3. Warning: In compliance with Australian regulations and laws, please read the warning below in respect of the PlayHouse Referral Program:
  1. It is illegal to persuade anyone to make a payment by promising benefits from getting others to join the PlayHouse Referral Program.
  2. Do not be misled by claims that high earnings are easily achieved from participation in the PlayHouse Referral Program.
4. Choosing a payout method for referral payments: In order to receive referral payments, you must select one of the available payout methods provided by PlayHouse in your country of residence. These methods are referred to as "Payout Options".
5. How frequently are referral payments made? Referral payments due to you on Fan Payments made to the Referred Creator in a calendar month will be transferred to you on or around the first day of the next calendar month (e.g., referral payments due for Fan Payments made in February will be paid to you on or around March 1).
6. Who bears the cost of the referral payment? The cost of the referral payment is borne by PlayHouse, not the Referred Creator.
Our rights relating to the referral program:
1. If referral payments have been made incorrectly, we have the right to recover the wrongly paid sums from the User to whom they were paid.
2. We may request you or Referred Creators (or both) to provide us with ID and other information reasonably required to verify any referral payment and the recipient. Failure to provide requested information may result in the loss of your entitlement to referral payments for the relevant Referred Creator.
3. We may change any aspect of the PlayHouse Referral Program (including how referral payments are calculated) or discontinue the PlayHouse Referral Program at any time. However, no changes will deprive Referring Users of referral payments already earned based on Fan Payments made to Referred Creators prior to the changes taking effect.
Circumstances in which we may withhold referral payments:
1. We may withhold all or part of referral payments due to you but not yet paid if we believe you have seriously or repeatedly breached any part of the Terms of Service.
2. We may withhold all or part of referral payments due to you but not yet paid if you attempt or threaten to breach any part of the Terms of Service in a way that could have serious consequences for us or another User.
3. We may withhold all or part of referral payments due to you but not yet paid if we suspect that all or part of the referral payments result from unlawful or fraudulent activity, either by you, the Fan who made the Fan Payment to the Referred Creator resulting in the referral payment, or the Referred Creator.
4. We may withhold referral payments for as long as necessary to investigate any actual, threatened, or suspected breaches by you or suspected unlawful or fraudulent activity. If, following our investigation, we conclude that you have seriously or repeatedly breached any part of the Terms of Service, you have attempted or threatened to breach any part of the Terms of Service with serious consequences, or the referral payments result from unlawful or fraudulent activity, we may notify you that you have forfeited all or part of your referral payments.
5. We may also withhold all or part of referral payments due to you but not yet paid if we receive notice that you have secured, encumbered, pledged, assigned, or allowed a lien to be placed on referral payments. We have no obligation to pay referral payments to third-party lienholders and may withhold payment until the lien is removed.
6. We shall not be responsible to you if we withhold or forfeit any payment due to you under the PlayHouse Referral Program in accordance with these Referral Program Terms.
7. If we are withholding all or part of referral payments due to you and determine that some of the withheld payments are unrelated to breaches by you or suspected unlawful or fraudulent activity, we may arrange for you to be paid the unrelated portion. However, you agree that if we consider your breach(es) of the Terms of Service to have caused us loss, we may withhold all referral payments due to you but not yet paid and set off such amounts against any losses suffered by us.

Last updated: July 2023

‍

COMPLAINTS POLICY

Introduction: This document outlines PlayHouse's complaints policy. If you are a User of PlayHouse, this Complaints Policy forms part of your agreement with us.
Who we are and how to contact us: PlayHouse is operated by PlayHouse International Pty Ltd. We are a proprietary limited company registered in Australia, with company registration number 661 087 510, and our registered office address is [insert registered office address].
Interpretation: In this Complaints Policy, defined terms have the same meanings given to them in the Terms of Use for all Users. Additionally, the term "business days" refers to any day that is not a Saturday, Sunday, or public holiday in Australia.
Who can use this Complaints Policy? Whether or not you are a User of PlayHouse, you can use this Complaints Policy to raise any complaint related to PlayHouse.
How to make a complaint: If you have a complaint about PlayHouse (including any complaint about Content on PlayHouse 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 applicable, the URL for the Content in question.
If you are unable to contact us by email, please write to us at the following address: Suite 116/20-40 Meagher St, Chippendale, NSW 2008, Australia.
How we will deal with complaints of illegal or non-consensual Content: Upon receiving a complaint regarding illegal or non-consensual Content:
1. We will promptly investigate your complaint, considering its nature.
2. If additional information or documents are required, we will contact you to request them.
3. We will make reasonable efforts to investigate your complaint within a reasonable timeframe, generally within seven (7) business days.
4. If we determine that the Content is unlawful or non-consensual, we will promptly remove it and notify you of our decision through email or other electronic means.
5. If we determine that the Content is not unlawful or non-consensual, we will notify you of our decision through email or other electronic means.

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

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 outlined in that policy.
How we will deal with other complaints: Upon receiving other complaints, including those related to breaches of our Acceptable Use Policy:
1. We will appropriately investigate your complaint, considering its nature.
2. If further information or documents are necessary, we will reach out to you to request them.
3. We will take necessary actions in good faith to address the issue raised by your complaint. If the complaint pertains to Content on PlayHouse and we find that it breaches our Acceptable Use Policy, we will promptly remove the Content.
4. We are not obligated to provide you with the outcome of your complaint.
Unjustified or abusive complaints: If you are a User of PlayHouse, you must not make any complaint under this Complaints Policy that is wholly unjustified, abusive, or made in bad faith. Breaching this warranty may result in the suspension or termination of your User account.

‍

Last updated: July 2023

‍

PLATFORM TO BUSINESS REGULATION TERMS

Introduction: These Platform to Business Regulation Terms form part of the Terms of Service.
Interpretation: In these Platform to Business Regulation Terms, unless otherwise stated, defined terms have the same meanings given to them in the Terms of Use for all Users.
Do these Platform to Business Regulation Terms apply to me? These Platform to Business Regulation Terms only apply to Creators who are established or resident in the European Union or the United Kingdom (also referred to as "you" and "your"). If these Platform to Business Regulation Terms apply to you, they form part of your agreement with us.
What do these Platform to Business Regulation Terms include? These Platform to Business Regulation Terms provide information about our practices to comply with the fairness and transparency requirements set out in EU Regulation 2019/1150 (the "Platform to Business Regulation").
Promoting Creators via other distribution channels: We may choose to promote you via our social media accounts, including but not limited to Instagram and Twitter. The promotion is aimed at showcasing your work and increasing your visibility within the PlayHouse community.
Ranking on PlayHouse: We do not have a ranking system on PlayHouse. However, we do have a search/discovery feature, and may randomly suggest potential Creators for Users to follow based on various factors, including the activity and earnings of Creators on PlayHouse in the previous 30 days.
Complaints: If you have a complaint regarding:
1. any alleged non-compliance by us with any obligations set out in the relevant regulations that affect you; or
2. technological issues directly related to PlayHouse that affect you; or
3. measures taken by us or our conduct directly related to PlayHouse that affect you,
  
  please submit your complaint to [email protected].

Complaint-handling process: Upon receiving your complaint under section 7 above, we will:
1. thoroughly consider your complaint and the necessary follow-up actions, which may include requesting further information or documents from you to adequately address the issue raised;
2. process your complaint within a reasonable time, considering the importance and complexity of the matter; and
3. communicate the outcome of our internal complaint-handling process to you in plain and understandable language through email or by message to your PlayHouse account.
Mediation service: If your complaint under section 7 above is not resolved to your satisfaction through our internal complaint-handling process as outlined in section 8 above, you may access the mediation service by contacting:

Centre for Effective Dispute Resolution
International Dispute Resolution Centre
P2B Panel of Mediators
70 Fleet Street
London
EC4Y 1EU
United Kingdom
https://www.cedr.com/p2bmediation/

Both parties, you and us, will act in good faith throughout the mediation process. However, any attempt to reach an agreement through mediation on the settlement of a dispute between us will not affect our or your rights to initiate legal proceedings at any time before, during, or after the mediation process, as stated in our Terms of Use for all Users.

‍

Last updated: July 2023

Terms of Service

Contents

TERMS OF USE FOR ALL USERS

TERMS OF USE FOR FANS

TERMS OF USE FOR CREATORS

ACCEPTABLE USE POLICY

REFERRAL PROGRAM TERMS

COMPLAINTS POLICY

PLATFORM TO BUSINESS REGULATION TERMS