This creator supplement supplements Hush’s Terms of Service, between Hush and Creator. This supplement sets out the terms by which Creator may offer Content for sale and interact with Fans using the Website. Capitalized terms not defined in this supplement are defined in the Terms of Service.

Terms-of-Service Agreement

The terms of the Terms of Service remain in full effect, except that if any inconsistency exists between this supplement and the Terms of Service, this supplement will prevail.

Eligibility

Creator must be an individual who (1) is at least 18 and the age of majority in the jurisdiction in which Creator is located and (2) has the legal capacity to enter into legally binding contracts.

Registration

To register, Creator must complete the “Creator” registration form and submit a copy of Creator’s valid government-issued picture identification card (in color) that contains Creator’s legal name, date of birth, expiration date, and any other information required by section 4 for identity and age verification purposes. By registering, Creator states that the following facts are accurate: (1) all account registration information is accurate; (2) if Creator previously had an account, Creator’s old account was not terminated or suspended by Hush for violation of this supplement, the Terms of Service, or the Acceptable Use Policy; (3) Creator’s registration is for Creator’s own use, and Creator must not otherwise sell, rent, or transfer Creator’s account to another person; and (4) Creator must not use any non party payment provider to accept payments for any Content.

Age Verification

Hush has a robust process for verifying the identity and age of every Creator. This process includes the review and validation of Creator’s government-issued picture identification card and steps to ensure that Creator’s government-issued picture identification card is in the possession of, and belongs to, Creator. This process requires that Creator provide Hush a live capture of: (1) Creator’s face; (2) Creator’s valid and accurate government-issued picture identification card (front and back, where applicable); and (3) Creator holding Creator’s government-issued picture identification card. This process is to ensure that individuals are present, are live, and consent to the application process. The Website uses a nonparty vendor that specializes in the validation of government identifications to validate government-issued picture identification cards. Creator hereby authorizes Hush to verify the validity of Creator’s government-issued picture identification card with a nonparty verification service.

Platform Fee

Hush will deduct 80% of all Fan Payments made to the Creator (exclusive of any Tax element of the Fan Payment) (“Platform Fee”). Hush will pay the remaining 20% of the Fan Payment (exclusive of any Tax element of the Fan Payment) to Creator (“Creator Earnings”). Occasionally, Hush may pay eligible Creators a higher revenue share during special promotions (thus temporarily reducing the Platform Fee). Any higher revenue shares will be subject to the terms set out in the promotion. The Platform Fee includes Hush’s cost of providing the services (including hosting and storing the Content) and maintaining and operating the Website. Hush will deduct the Platform Fee from the Fan Payment, and Hush will pay the Creator Earnings to Creator as set out in section 10.

Fan/Creator Transactions

1. All Fan/Creator Transactions are contracts between Fans and Creators on the terms of the Standard Agreement between Fan and Creator. Although Hush facilitates Fan/Creator Transactions by providing the Website, storing Content, and acting as a payment intermediary, Hush is not a party to the Standard Agreement between Fan and Creator or any other contract that might exist between a Fan and Creator, and Hush is not responsible for any Fan/Creator Transaction.

2. Creator is solely responsible for setting prices for Content. Fan Payments are exclusive of Taxes, which will be added at the current rate applicable to Fan Payments. Fans must submit payment using an approved payment method through the Website’s billing interface. Creator must not use any non party payment provider (including Paxum, PayPal, Venmo, Zelle, etc.) to accept payments for any Content.

3. When Creator receives confirmation from Hush, either on Creator’s User account or by email or both, that the Fan/Creator Transaction has been confirmed, Creator must perform Creator’s part of that Fan/Creator Transaction (for example, by allowing the Fan to view the Content on Creator’s account, providing the customized Content paid for by the Fan, or allowing the Fan to use the fan interaction function paid for (as applicable)). Creator shall indemnify Hush against any breach by Creator of these obligations, including any loss or damage (including loss of profits) that Hush suffers because of Creator’s failure to comply with these obligations.

Content

1. Creator may create, upload, send, display, or livestream various Content to Creator’s account. Creator acknowledges that Hush merely provides Creator the means to distribute Content through Hush’s computer systems. Content must not include nonparty intellectual property (including copyrighted material) unless Creator has a written license or consent from that person or is otherwise legally entitled to do so. Creator hereby (1) consents to be depicted in the Content; (2) consents to allow for the public distribution of the Content and to upload the Content to the Website; and (3) if the Content will be made available for downloading by Users, consents to have the Content downloaded.

2. Creator shall act as the custodian of records or shall appoint a nonparty service provider to act as the custodian of records for the Content that Creator uploads to the Website.

3. Hush does not claim any ownership interest in the Content. Creator retains any ownership interest that Creator might have in the Content subject to the licenses granted in section 7(d).

4. By making Content available on the Website or otherwise posting on the Website, Creator hereby grants Hush a perpetual, irrevocable, nonexclusive, sublicensable, worldwide license covering Creator’s Content or what Creator posts in all formats and channels now known or later developed anywhere in the world to use, copy, reproduce, store, translate, transmit, distribute, perform, prepare derivative works, publicly display, and display in connection with any name, username, voice, or likeness provided in connection with it.

5. The licenses granted in section 7(d) will continue as long as Creator offers the Content for sale. If Creator removes Content, Hush may continue to make the Content available to those Fans who previously purchased the Content or provide full or partial refunds to those persons at Creator’s expense. In addition, Hush may retain archival copies: (1) for a limited period in case Creator wishes to restore it; (2) when the Content is the subject of a takedown notice or other legal claim; or (3) when Hush in good faith believes that it is legally obligated to do so.

6. Creator hereby waives all claims Creator might now or later have in any jurisdiction to so-called “moral rights” or rights of droit moral in any Content.

7. Hush is not responsible for and does not endorse any aspect of any Content posted by Creator or any other User on the Website.

• Creator Advertising

  1. If Creator posts or uploads video Content to Creator’s account that is designed to promote, directly or indirectly, nonparty goods or services in exchange for payment, other valuable consideration, or self-promotional purposes (including advertising, sponsorship, and product placement) (collectively, “Advertising Content”), Creator must comply with sections 8(b) and 8(c).

  2. Creator must ensure that any Advertising Content that Creator posts to Creator’s account:

     • does not:

       1. prejudice respect for human dignity;

       2. include or promote bigotry, racism, or discrimination based on race, ethnicity, gender, religion or belief, nationality, disability, sexual orientation, or age;

       3. encourage behavior prejudicial to health or safety;

       4. encourage behavior grossly prejudicial to the protection of the environment;

       5. cause physical, mental, or moral distress to any person;

       6. directly urge persons to purchase or rent goods or services in a way that exploits their inexperience or credulity;

       7. directly encourages persons to persuade others to purchase or rent goods or services;

       8. exploit the trust of persons in others; or

       9. unreasonably shows persons in dangerous situations;

  3. does not advertise cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illegal drugs, or any prescription-only medicine;

  4. does not advertise, promote, or facilitate illegal gambling; and

  5. regarding any Advertising Content for alcoholic drinks, is not aimed at minors and does not encourage excessive consumption of alcohol.

  6. Creator must declare that any Advertising Content that Creator posts or uploads to the Website contains advertising by including the signifier #ad or # sponsored in the caption to the Advertising Content before posting or uploading.

Co-Authored Content

1. If Creator uploads Content to Creator’s account that depicts anyone other than or besides Creator (even if that person cannot be identified from the Content) (“Co-Authored Content”), Creator states that each individual shown in any Co-Authored Content uploaded to Creator’s account is (1) a Creator on the Website; or (2) a consenting adult, and that Creator has verified the identity and age of each such individual and will provide supporting documents on Hush’s request.

2. Creator further states that Creator has obtained and keeps on record written consent from each individual shown in Creator’s Co-Authored Content that the individual (1) has given their express, prior, and informed consent to their appearance in the Co-Authored Content; and (2) has consented to allow for the public distribution of the Co-Authored Content in which they appear and to upload the Co-Authored Content to the Website.

3. Besides the confirmations in sections 9(a) and 9(b), if Creator uploads Co-Authored Content where the other person or people appearing in the Co-Authored Content have a Creator account on the Website, Creator must tag the 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, Creator is solely responsible for obtaining any required licenses or consents from any other joint authors of the Co-Authored Content that are sufficient to allow that Co-Authored Content to be uploaded to and made available on the Website.

5. Creator acknowledges that Hush will only pay Creator Earnings to the account of the Creator to which the Co-Authored Content is uploaded. The Creator uploading the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the individuals depicted in that Co-Authored Content. Any revenue-sharing agreement is an independent, private agreement between Creator and those individuals, and Hush is not responsible for supplying or enforcing any such agreements. Creator acknowledges that Creator will not receive any Creator Earnings earned on any Co-Authored Content in which Creator appears, but which is posted on another Creator’s account. If Creator posts Co-Authored Content on Creator’s account, Hush may require Creator to provide complete legal information for all individuals who appear in the Co-Authored Content. If Creator does not provide any information requested by Hush on its request, Hush may do one or more of the following: (1) delete the Co-Authored Content, (2) restrict Creator’s rights and permissions to post as a Creator, (3) terminate Creator’s account, or (4) withhold any part of Creator Earnings earned but not yet paid out to Creator.

6. Creator hereby releases Hush from and will not make any claims against Hush arising from the Co-Authored Content. Creator will make all claims arising from the Co-Authored Content against the Creator who posted the Co-Authored Content or the individuals who appeared in the Co-Authored Content (as applicable).

Creator Earning Payouts

1. All Fan Payments will be received by a nonparty payment provider approved by Hush. Hush will receive the Fan Payment from the relevant payment provider. Hush will deduct the Platform Fee from Fan Payment and then will hold Creator Earnings for Creator in Hush’s capacity as Creator’s agent.

2. Creator’s account will be updated within a reasonable time with Creator’s Creator Earnings. The Creator Earnings will become available for withdrawal by Creator from Creator’s Hush account once those Creator Earnings appear in Creator’s Hush account.

3. To make a withdrawal of Creator Earnings from Creator’s Hush account, Creator must have at least the minimum payout amount in Creator’s Hush account for the payout option selected.

4. The amount listed in Creator’s “current balance” in Creator’s Hush account is Creator’s Creator Earnings at the relevant time. All Fan Payments and Creator Earnings are transacted in USD only. Creator’s bank may charge Creator currency conversion or transfer fees to receive Creator Earnings. Additionally, Creator’s e-wallet company may charge Creator a fee for accessing the money. Hush does not have control over currency exchange rates or charges imposed by Creator’s bank or e-wallet company, and Hush is not responsible for paying any charges imposed by Creator’s bank or e-wallet company.

5. If a Fan successfully seeks a refund or chargeback from their credit card provider for a Fan Payment made to Creator, Hush may investigate and may deduct from Creator’s account an amount equal to Creator Earnings earned by Creator on the chargeback or refunded amount. Creator hereby authorizes Hush to dispute any chargebacks made by Fans, and Creator shall assist Hush in that dispute. Successful refunds and chargebacks will reduce Creator Earnings payable to Creator but will not reduce Platform Fees payable to Hush.

6. If Hush cannot pay out Creator Earnings to Creator after 12 months because of inaccurate information in Creator’s account and Hush cannot contact Creator, Creator will automatically forfeit Creator Earnings, and Creator Earnings will become Hush’s property, except that Creator Earnings that are deemed unclaimed property will be turned over to the applicable government body if required by law.

7. If Creator disputes Hush’s calculation of Creator Earnings, Creator must notify Hush in writing no later than 30 days after that disputed calculation. Failure to notify Hush within this period will result in Creator’s waiver of any claims related to that disputed calculation.

Creator Earnings Withholdings

1. Hush may withhold Creator Earnings due to Creator but not yet paid out: (1) if Hush believes that Creator has or might have materially or repeatedly breached any part of this supplement, the Terms of Service, the Acceptable Use Policy, or any law; (2) if Creator attempts or threatens to breach any part of this supplement, the Terms of Service, or the Acceptable Use Policy in a way that Hush believes could have serious consequences for it or another User (including actual or possible loss caused to Hush or another User); or (3) if Hush suspects that any part of Creator Earnings results from unlawful or fraudulent activity, either by Creator or by a Fan who made the Fan Payment resulting in Creator Earnings, for as long as is necessary to investigate the actual, threatened, or suspected breach by Creator or the suspected fraudulent or unlawful activity. If after its investigation, Hush concludes that (1) Creator has materially or repeatedly breached any part of this supplement, the Terms of Service, the Acceptable Use Policy, or any law; (2) Creator has attempted or threatened to breach any part of this supplement, the Terms of Service, or the Acceptable Use Policy in a way that has or could have serious consequences for Hush or another User (including actual or possible loss caused to Hush or another User); or (3) Creator Earnings results from unlawful or fraudulent activity, Hush may notify Creator that Creator has forfeited those Creator Earnings.

2. Hush may also withhold Creator Earnings due to Creator but not yet paid out if Hush receives notice that Creator has secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on the Creator Earnings. Hush is not required to pay Creator Earnings to nonparty lienholders and may withhold payment of Creator Earnings until the lien has been removed.

3. Hush will not have any responsibility to Creator if it withholds or forfeits Creator Earnings where Hush has the right to do so under this supplement.

4. If Hush is withholding Creator Earnings due to Creator, and Hush determines that part of Creator Earnings withheld is unrelated to Creator’s breach or suspected unlawful or fraudulent activity, Hush may arrange for Creator to be paid the part of Creator Earnings that Hush determines to be unrelated to Creator’s breach or suspected unlawful or fraudulent activity. However, Creator acknowledges that if Hush determines that Creator’s breaches have or might cause Hush losses, Hush may withhold all Creator Earnings due but not yet paid, and Hush may set off those amounts against any losses Hush suffers.

5. If after Hush concludes its investigation, it determines that Creator Earnings are forfeited, Hush will (unless prohibited by law) use reasonable efforts to ensure that any Fan Payments that resulted in forfeited Creator Earnings are returned to the relevant Fans who paid those Fan Payments.

Taxes

1. Taxes are solely Creator’s responsibility. Hush recommends that Creator seek professional Tax advice to ensure that Creator is compliant with Creator’s Tax obligations under law based on Creator’s individual circumstances.

2. Hush may withhold any amounts due to Creator that Hush determines in good faith must be withheld under Tax law or any other law.

   1. Hush may file reports concerning income with any taxing authority.

3. Creator states that Creator has reported and will report in the future the receipt of all payments made to Creator to the relevant tax authority in Creator’s jurisdiction, as required by law.

4. Creator states that Creator will at all times comply with all laws and regulations relating to Tax that apply to Creator. If, at any point, while Creator has an account on the Website, any Tax noncompliance occurs relating to Creator (including Creator’s failure to report Creator Earnings or the imposition on Creator of any penalty or interest relating to Tax) or if any litigation, inquiry, or investigation is brought against Creator that is in connection with, or that might lead to, any occurrence of Tax noncompliance, Creator must: (1) notify Hush by email to support@hush.space in writing within five days of the occurrence of the Tax noncompliance or the filing of the litigation, inquiry, or investigation; and (2) promptly provide Hush by email to support@hush.space with: (A) details of the steps that Creator is taking to address the Tax noncompliance and to prevent it from happening again, plus any mitigating factors that Creator considers relevant; and (B) that other information about the Tax noncompliance as Hush may reasonably require.

5. Creator is solely responsible for Creator’s own Tax affairs, and Hush (1) is not responsible for advising Creator on Creator’s Tax affairs and will not be liable for any general information provided on the Website or by email regarding Tax, and (2) will not be liable for any nonpayment of Tax by Creator.

6. Hush may close Creator’s account if it is notified of or becomes aware of any Tax noncompliance by Creator.

Relationship of the Parties

1. The parties intend that their relationship will be that of independent contractors and not business partners. This supplement does not, and the parties do not intend to, create a partnership, joint venture, agency, franchise, or employment relationship. The parties disclaim the existence of any of these relationships between them. Neither party is the agent for the other. Neither party has the right to bind the other on any agreement with another person, except that when Hush receives Creator Earnings, it is collecting and holding them for Creator until distribution under section 10.

2. Creator is not eligible under this supplement to participate in any vacation, group medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits or benefit plans offered by Hush to its employees.

3. Hush is not responsible for withholding or paying any income, payroll, or other Taxes; making any insurance contributions, including unemployment or disability; or obtaining worker’s compensation insurance for Creator. Creator is solely responsible for all those taxes or contributions, including penalties and interest. Creator is also responsible for keeping adequate worker’s compensation coverage or insurance for Creator and any employee or other personnel Creator engages.

4. Any persons employed or engaged by Creator to create, produce, submit, or live stream Content must be Creator’s employees or contractors, and Creator will be fully responsible for them and indemnify Hush against any claims made by or for any such employee or contractor. Creator must require each such employee and contractor to sign written agreements securing for Hush all rights granted to Hush in this supplement and the written consents required in this supplement before that employee or contractor provides, creates, livestreams, or otherwise performs or is depicted in any Content, including Co-Authored Content.

Statements of Fact

Creator states that the following facts are accurate and will continue to be accurate during this supplement:

1. Creator is at least 18 and has the legal capacity to enter into this supplement.

2. Creator has the power to enter into this supplement, to grant the rights and licenses granted in it, and to perform Creator’s obligations in this supplement.

3. Creator is licensed, authorized, and certified by all governmental and regulatory authorities to perform Creator’s duties and obligations under this supplement.

4. Creator has independently evaluated the desirability of using the Website, and Creator has not relied on any statement other than those in this supplement.

5. Creator’s signing and performance of this supplement will not conflict with or violate (1) any order, judgment, or decree that applies to Creator; or (2) any agreement that applies to Creator.

6. Creator’s performance under this supplement will not:

   1. invade the right of privacy or publicity of anyone (including invasion of rights of celebrity);

   2. involve any defamatory, obscene, indecent, or otherwise unlawful material;

   3. violate any law; or

   4. otherwise infringe on the rights of any nonparties, including those of copyright, patent, service mark, trademark, trade name, trade secret, or other intellectual property rights, or engage in false advertising, unfair competition, violation of antidiscrimination law, or violation of any other right of any person.

7. Content complies with this supplement, the Terms of Service, the Acceptable Use Policy, and all laws.

8. Creator either owns the Content (and all intellectual property rights in it) or has a valid license to offer the Content on the Website.

9. If Content includes nonparty material, Creator has secured all rights, licenses, written consents, and releases necessary for Creator to use that nonparty property in the Content (including Co-Authored Content) and for the later use and exploitation of that Content under this supplement.

10. Content is of satisfactory quality, considering any description of it, the price, and all other relevant circumstances, including any statements Creator makes about the nature of the Content on Creator’s account or in any advertising.

11. Content does not depict any individual under 18 years old on the date of the production of that Content.

12. Creator complies with 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75, including inspecting and keeping all required written documents, including written documents sufficient to confirm that all subjects of the Content were at least 18 years old at the time of the production of the Content as required by 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75, and will provide Hush with copies of all required written documents on request.

13. Creator obtains and keeps on record written consent from all persons (including Creator) depicted in the Content specific to the following areas: (1) consent to be depicted in the Content; (2) consent to allow for the public distribution of the Content and to upload the Content to the Website; and (3) if the Content will be made available for downloading by Users, consent to have the Content downloaded.

14. Creator verifies the identity and age of all individuals depicted in the Content to ensure that those individuals depicted are adults and can provide supporting documents on request.

• Compliance

Creator must comply with the Terms of Service and Acceptable Use Policy at all times. Hush may suspend, limit, or disable Creator’s participation at any time, with or without notice, for any violation of the Terms of Service or Acceptable Use Policy. Content will not be available on the Website until Hush has conducted its review of the Content and approves its posting.