Zestworld Creator Agreement

Last revised on 08/05/2022

This Creator Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Zestworld Inc. ("Company", “we”, “us”, “our”, or “Zestworld”). It contains the rules and restrictions that govern your use of our products and services to publish your newsletters/comics (“content”) or consign commissions (the “Platform”). In this Agreement, we refer to people that subscribe to your content or purchase commissions as (“Fans”).

If you use Zestworld to publish content or fulfill commissions, you will need to create a Creator account. Using Zestworld’s platform in any way means that you agree to this Agreement, and this Agreement will remain in effect while you use the Zestworld platform. This agreement includes everything in this document, as well as those in the Terms of Use and Privacy Policy, and all other rules and procedures that may be published from time to time by us on Zestworld. In the event of any conflict between this Agreement and any other terms and conditions you have agreed to with Zestworld, this Agreement will prevail with respect to its subject matter.

You must be of legal age in your country or region where you publish content or fulfill commissions. If you are not 18 years of age or older, you need to get your parent’s or guardian’s permission to use Zestworld as a Creator. 

If you’re agreeing to this Agreement on behalf of an organization or entity, you must be authorized to agree to this Agreement on that organization or entity’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” throughout this document refer to that organization or entity). 

If you don’t agree to all of the following terms, you may not use or access Zestworld in any manner. 

Ownership

Creators own their original intellectual property distributed through Zestworld fully. Any original Content or commission you post, upload, share, store or otherwise provide to Zestworld remains yours and is protected by copyright and any other intellectual property rights laws.

Creators agree to grant Zestworld a nonexclusive, worldwide right and license to electronically distribute and publicly display content on the site for the purposes of marketing and promotion of Zestworld, its Creators and Content published on the site. For collectibles, Zestworld will have universal rights with no commercial rights granted to the images, besides the resale of NFTs. 

Pricing

Creators may offer content for free or for a subscription fee to be determined at your discretion. They may also offer collectible commissions, the price for which to be determined at your discretion. 

If you choose to charge a subscription fee for your content or choose to offer commissions through Zestworld, you agree to the following:

  • No Circumvention: You agree to process payments from Fans only in the manner determined by us. This includes using the third-party payment processing platform (“Payment Processor”) we choose, and following any other rules we specify. You may not circumvent your payment obligations to us by soliciting payment from a Fan outside of Zestworld or by using any alternative method to collect subscription payments. This includes receiving payments for your content through links to Paypal or a separate Patreon page. You agree to notify us immediately if you receive any such offer or solicitation to circumvent your payment obligations.

  • Taxes: You agree that you shall bear and be responsible for any and all applicable federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments (including without limitation, sales, use, and value added taxes) related to your subscription content.

  • Platform Fee and Royalties: You agree to pay us a percentage of the total amount charged by you to Fans for content and/or commissions based on agreed percentages and royalties described in the Platform Fee and Royalties section below. The remaining amount, after any fees deducted by the Payment Processor, will be retained by you. 

  • Revenue Share Payment: During the term of this Agreement, the Payment Processor will pay the Revenue Share owed to us and deduct any applicable fees on a rolling basis as you process subscription payments from Fans. You agree to these payments and further agree that all Revenue Share payments are non-refundable.

  • Information Upon Request: You will provide us with all requested data or information about you and your newsletters. This includes all payment and tax identification information, and you will ensure this information is accurate and up-to-date. 

Platform Fee and Royalties

You agree that should you choose to charge a subscription fee for your content, you will pay Zestworld a 7.5% platform fee equal to 7.5% of the total subscription price and Stripe’s 2.9% Platform Fee equal to 2.9% of the total subscription price plus $0.30 USD as Zestworld’s Revenue Share Payment.

If you choose to offer digital commission fulfillment services through Zestworld, you agree to pay a 7.5% sales fee equal to 7.5% of the initial sales price of the commission and Stripe’s 2.9% Platform Fee equal to 2.9% of the initial sales price of the commission plus $0.30 USD. If the Fan chooses to mint the completed artwork as an NFT for all subsequent resales of the NFT, you agree that Zestworld will collect a 2.5% royalty. Creators will collect a 5% royalty on all NFT resales.

Relationships with Fans

You agree to the following rules around your relationships with Fans and other users of Zestworld:

  • Sole Responsibility: You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any content you distribute through Zestworld, any commissions you fulfill through Zestworld and for the consequences of your actions by doing so. This means that you acknowledge and agree that you are solely responsible for ensuring distribution of your content, delivery of commissions and our actions under this Agreement are solely to assist you in facilitating these transactions. 

  • Stopping Publication or Deleting a Newsletter: You may delete one or more of your content from Zestworld at your discretion. However, please note that if you delete or stop publishing a newsletter before the end of a paid subscription term of a Fan, any and all obligations – including any refund obligations for the remaining portion of the subscription term – are solely your responsibility. We are under no obligation to issue any refunds to you or your Fans and we are entitled to keep any and all portions of any Revenue Share remitted to us. 

  • Disputes: If there is a dispute between you and a user about payments or any other issue, you agree we are under no obligation to become involved and that we will not be held liable for any such dispute. We are not liable for your relationship with users, and we won’t provide you with any legal advice regarding such matters. 

  • Reporting Fans/Users: You can flag a Fan or other user that is violating our Terms of Service by sending an email to contact@zestworld.com. After you provide us with written notice of this violation, we will determine whether this user’s access to Zestworld should be suspended or terminated. 

  • Support: You shall provide to us a current email address to which we may direct inquiries from Readers and other Zestworld users regarding your newsletters.

Content Guidelines

You are responsible for all activity that you publish or deliver through Zestworld. You may not use Zestworld’s platform for any illegal or unauthorized purpose. 

You also represent and warrant that you will not publish content or deliver commission or otherwise use Zestworld in a manner that:

  • Fund or proliferate initiatives that incite violence based on protected classes. Offending behavior includes credible threats of physical harm to people because of their race, color, national origin, ethnicity, sexual orientation, gender identify, gender expression, religion, marital status, age, disability status, genetic information or any other status protected by law that subjects the individual or group of individuals to different treatment.

  • Exposes the private information (such as personal phone number or home address) of an individual or individuals without the express authorization and permission that could lead to their personal wellbeing and safety being at risk.

  • Intentionally creates a false narrative around a person(s) or matter of public importance especially in a false context.

  • Infringes on the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  • Appears to be fraudulent, deceptive, threatening, abusive, tortious, defamatory, and/or libelous.

  • Violates, or misappropriates any law, statute, ordinance or regulation or rights of any third party.

  • Spreads a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.

Social Media

As part of your use of Zestworld’s platform, you may link your Creator account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

Use of Zestworld Platform as a Creator

You are responsible for all your activity in connection with Zestworld! 

Make sure that you use the Zestworld site and platform in a manner that complies with the law and is permitted by this Agreement. If your use of the Zestworld platform is prohibited by applicable laws, then you aren’t authorized to create on Zestworld. We can’t and won’t be responsible for you using the Zestworld platform in a way that breaks the law.

You also represent and warrant that you will not produce content on the Zestworld platform in a manner that does not adhere to our Content Guidelines.

Terminating Your Account

Either party may terminate this Agreement at any time for any reason. Upon such termination of this Agreement, your right to use the Platform will immediately cease.  

We may terminate this Agreement or terminate, suspend, or restrict your access to or use of the Platform at any time, for any reason. Reasons that may lead to us terminating or restricting access to the Platform include a breach of any of the terms or conditions of this Agreement, your offensive or unacceptable behavior, objectionable material, or any other actions in violation of guidelines we specify. We will notify Creators as soon as reasonably practicable if Creators’ access to the Platform is suspended or substantially limited due to technical problems. 

You agree that this means that all Content may be removed from the Platform at any time at our discretion.  You also agree that we retain the right to immediately halt the distribution of Content at our discretion. 

Changes to this Agreement

We are constantly trying to improve our products and services, so this Agreement may need to change along with Zestworld. We reserve the right to change the Agreement at any time, but if we do, we will bring it to your attention by placing a notice on the website, by sending you an email, by updating the Agreement effective date or by some other means. 

If you don’t agree with the new Agreement, you are free to reject it; unfortunately, that means you will no longer be able to use the Platform.  If you use the Platform in any way after a change to the Agreement is effective and notice has been provided, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of this Agreement will be effective unless in writing and signed by both you and us.