Cliptopia is owned and maintained by For Fans Media, which provides a place where independent, 3rd party content producers can utilize to sell video clips, custom videos, and live services to consumers. In these services, it is an express condition that Cliptopia is acting as an agent for 3rd party content producers.
By accessing Cliptopia, registering for a performer account, and by uploading content or providing live services, you are agreeing to be bound by these Terms and Conditions (T&C). Further, you agree that you are responsible for being knowledgeable of the Cliptopia terms and conditions and it is up to you to periodically review these terms to see if anything has changed.
You agree that you are solely responsible for following all applicable laws and regulations in your location. If you do not agree with the terms in this document, you are prohibited from using the site.
1.1. You agree that you are over the age of 18 years at the time that you create your Cliptopia account.
1.2. You agree to provide Cliptopia with valid 2257 compliant documentation at the time of registration. This means you must provide 2 pieces of identification, one of which is a valid government photo ID. The other form of identification can be an utility bill, social security card, or other official documentation that has your name and address. This identification is for our own administrative records and your privacy will be protected.
1.3. You agree to only upload the content that you are owner of, or an authorized agent to use.
1.4. You agree to only upload content allowed by the Cliptopia. The site reserves the undisputed right to remove any uploaded content at any time, without notice to you.
1.5. You agree that Cliptopia may have use of your content for the sole purpose of promoting your content to Cliptopia traffic.
2.1. Accessing your account: in order to gain access to a Cliptopia account, you must first fill out a registration form which includes, but is not limited to, your real name, 2257 compliant documentation, address and phone number. Once this information is sent to the administration, it will be reviewed within 48 hours. If all documentation is in order, your account will be approved. If something is missing or not valid, Cliptopia administration will contact you with more information.
2.2. Account user responsibility: by registering for a Cliptopia account, you agree that you assume responsibility for the account. This means that:
2.2.1 You are responsible for all content uploaded via your Cliptopia account.
2.2.2 You are responsible for the action of any individual you decide to share your account information with.
2.2.3 You will not upload content that could be deemed illegal, involving minors, or simply not allowed by Cliptopia.
2.2.4 You agree not to upload any content that violates another's intellectual copyright.
2.2.5 You agree that you won't upload content that violates another individual's privacy.
2.2.6 You agree that you will not attempt to alter the way Cliptopia is intended to work.
2.2.7 You agree to not try to inhibit the sales or activity of another individual using Cliptopia.
3.1 License to use information and content: with the exception of personal information, you hereby grant to Cliptopia the perpetual, unlimited, royalty-free, worldwide, nonexclusive, irrevocable, transferable license to run, display, copy, reproduce, public, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, any information or content you provide on or through Cliptopia or which is sent to the Site by email or other correspondence, including without limitation, any ideas, concepts, inventions, know-how, techniques, or any other intellectual property contained therein, for any purpose what so ever. The Site will not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by the Site in writing or required by law.
3.1.1 You agree that you have the right to grant the license stated above.
3.1.2 You retain copyright of the content you upload or stream via live services. Therefor you agree that you will not upload any content that you do not have intellectual copyright to, or have been granted express authority to use in this way.
3.1.3 Cliptopia, at its sole, express, and undisputed discretion, has the right to remove any uploaded content for any reason without prior notice to you.
3.1.4 Cliptopia reserves the right to convert the content uploaded to different file formats in order to ensure that the content works properly with the Cliptopia platform. This in no way changes ownership of the content.
3.2 Forbidden content: you agree that neither you, nor those that you allow to use your Cliptopia account, will upload content that is illegal, defamatory, obscene or harassing. This includes, but is not limited to the following:
3.2.1 Material showing real minors, or simulating minors. This includes pictures, posters, or TV representation of minors
3.2.4 Gore or blood (simulated or real, this includes red candle wax)
3.2.6 Crushing of animals/insects/or body parts
3.2.7 Forced sex or simulated rape
3.2.8 Scat (feces)
3.2.11 Drugs, Chloroform, illegal substances
3.2.12 Impaired or unconscious actors in the videos or on webstream
3.3 Types of content: there are several types of content available for purchase on Cliptopia. You have the ability to use one or all of the features to sell the content.
3.3.1 Custom videos: custom videos allow your customer to create a video to his own taste. As a performer, you have control over the price per minute, price for available delivery times, price for available resolutions, as well as the price for the different categories that you choose to add to the custom order form. Cliptopia does not have a list of categories, instead it allows you the control to add what you feel comfortable with adding.
184.108.40.206 You have the ability to decline a custom video, at your discretion, without any type of retribution from Cliptopia
220.127.116.11 Upon the upload of the custom video clip, the funds for the custom video will be released to your account. Failure to upload the video within the period of the delivery time + 48 hours may result in the customer requesting his money back to his account.
3.3.2 Video clips: these are pre-made video clips that you can upload to your account.
3.4 Content prices: you have sole discretion on what to price your video clips, custom videos and other features. The pricing is in USD.
3.5 Content removal: Cliptopia retains the right to remove any content, for any reason, at any time without notice to you. This includes your profile picture, about me, or any video clip and/or .gif that you upload to the site.
3.4.1 You may remove your own content at any time you choose. If you choose to delete content from your account, it will remain in the accounts of all customers who have purchased the clips.
3.6 Content purchasing: content on Cliptopia can be bought in 2 ways. Via monies loaded onto the customer account, or directly with a credit card via the Buy Now option (except for custom videos, monies must be pre-loaded onto the account).
3.5.1 Monies on an account carry no cash value.
4.1 Tip/Tribute definition: tips and tributes are a monetary gift from the customer to you. At the time of the tip or tribute, the customer acknowledges and agrees that there are no goods (tangible or intangible) and no services being provided in exchange for the tip/tribute.
4.2 Transaction holds: tips, tributes and any other transaction can be held by Cliptopia administration for up to 45 days.
Cliptopia, as a general rule, does not issue refunds on content purchased. However, there are a limited number of situations where Cliptopia, at its sole discretion, will issue a refund of monies to the customer with may affect the funds in your account:
5.1 Broken content: a refund may be issued to the customer if the content is not working (i.e. the file you uploaded is corrupted and not working), grossly misleading, or intentionally miss-labeled.
5.2 Custom video refunds: in the event that you fail to deliver a custom video within the delivery time your customer has purchased, plus an additional 48 hour grace period, the customer is entitled to a total refund of his monies. This is not an automatic process. After the grace period has ended, the customer will receive a button on the custom order form that he can choose to press to facilitate the return of his monies. If you are inclined, you can contact the customer within the integrated custom video IM to request that he waits.
5.3 Pre-booked private cam show refunds: in the event that you fail to show up for a pre-booked show, all funds will be returned to the customer at the end of a 15 minute connect period. The connect period starts at the time the show was scheduled to start. If in the event your customer does not show, you are entitled to keep your non-refundable deposit and the rest of the monies go back to the customer.
5.4 Fraud: in the case that fraud is detected, Cliptopia retains the right to reverse any transactions made by your account and this may adversely affect your account balance. Cliptopia takes fraud seriously, and in the event of fraudulent transactions taking place, more serious actions may be taken at the discretion of Cliptopia.
On Cliptopia, customers either make purchases with monies or with the buy now feature. Cliptopia will take a percentage of each sale and the rest will be added to your net total, which you will be able to cash out.
6.1 Commission and fees: all monetary transactions on Cliptopia is in US dollars (USD).
6.1.1 Commission: the commission structure for Cliptopia is as follows:
18.104.22.168 Custom videos (70%)
22.214.171.124 Video clips (70%)
126.96.36.199 Tips/tributes (75%)
188.8.131.52 Webcams (60%)
184.108.40.206 Pre-booked cam shows (60%)
6.1.2 The types of payouts offered and fees are as follows:
220.127.116.11 Paxum (www.paxum.com): The minimum to withdraw is $50. The fee is $1 as long as the minimum is met.
18.104.22.168 EU Bank Transfers: The minimum to withdraw is $50. If the amount is $499 or below the fee is $40; $500-1499 the fee is $20; $1500 or more the fee is FREE.
22.214.171.124 US/International Wires: The minimum to withdraw is $50. If the amount is $499 or below the fee is $40; $500-1499 the fee is $20; $1500 or more the fee is FREE.
126.96.36.199 US Bank ACH: The minimum to withdraw is $50. If the amount is $499 or below the fee is $30; $500-1499 the fee is $15; $1500 or more the fee is FREE.
Note: depending on the payout method you choose, it could take up to 5 business days for funds to transfer accounts.
6.1.3 Payouts will be made on the 6th and 20th of the month.
188.8.131.52 If payday falls on a holiday or weekend, the payout will be made the business day before.
184.108.40.206 If a payout request is made on the 6th or after, the payout will be paid on the 20th.
220.127.116.11 If a payout request is made on the 20th or after, the payout will be paid on the 6th.
6.2 Payment criteria in order to receive payment by Cliptopia, the following criteria must be met by you:
6.2.1 Be 18 years or older.
6.2.2 Two (2) forms of ID be approved by admin, one of the two IDs being a valid photo identification that has a photo and birthdate.
6.2.3 Valid invoicing information being filled in, including name, address, company name (if it applies) and VAT/TAX ID (if it applies).
6.2.4 Correct payment information for your payout type. Please note that incorrect banking or payment information can delay payments and it is performer responsibility to make sure the information is correct and valid.
Cliptopia reserves the right to terminate any account at any time, without notice to you, for situations including but not limited to; uploading content not allowed by these terms and conditions, inhibiting another Cliptopia account holder (customer, performer or studio) from using the site, harassment, attempting to cheat the system to earn more money than should be allotted to your account, fraudulent transactions.
7.1 Cliptopia terminating account: if Cliptopia terminates your account for violating the terms of this agreement, you agree that any available funds are forfeit.
7.2>User terminating account: at any time you may choose to close your account or request Cliptopia to completely delete your account. If your have funds below the minimum required for payout, you agree the funds are forfeit. If you have enough funds for a payout and have met the requirements for a payout, you may request a payout before the closure or termination of your account.
Performers and customers recognize that Cliptopia is not the owner of the content uploaded and has no liability regarding the use of any uploaded content. Cliptopia shall not be liable either for any damages resulting from service interruption (internet or otherwise), or from infrastructure or hardware failure, leading to loss of business, information or content. Performers and customers agree that Cliptopia cannot be held liable for the infringement of intellectual property or other rights, and is not liable for any offensive, defamatory or otherwise illegal behaviour by any third party.
If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that fact shall not affect the validity or enforce-ability of any other provision of this Agreement.
Customers and performers please note:
Section 230 Notice: You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such content, and You agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors' access to harmful or inappropriate material. Pursuant to 47 U.S.C. §230(d), You are hereby informed that You can research such services at websites such as: http://www.getnetwise.org or http://www.child-internet-safety.com/, among others. Please note that We make no representation or warranty regarding any of the products or services referenced on such sites, and We recommend that You conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing Our Site or the content received via Our Services if Your computer or mobile device can be accessed by a minor. Finally, You agree that if You are a parent or guardian of a minor child, it is Your responsibility, not Ours, to keep any age-restricted content on Our Site or Services from being displayed or accessed by Your children or wards.
You believe that, as an adult, You have the inalienable right to purchase/view any content You deem advisable. You do not in any way find the content of the website obscene and/or offensive. Viewing content you have purchased from a perfomer does not in any way infringe the norms or law of Your neighbourhood, town, city, county, state or country.
You hereby discharge, acquit, and otherwise specifically release Cliptopia.com, Our parent company, Our agents, employees, officers, directors, shareholders, and lawyers, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of, the Site and Services including, but not limited to claims relating to the following:
Sexual Harassment, Negligence, Gross Negligence, Reckless Conduct, Alienation of Affections (to the extent recognized in any jurisdiction), Intentional Infliction of Emotional Distress, Intentional Interference with Contract or Advantageous Business Relationship, Defamation, Violation of Publicity or Privacy Rights, False Light Claims, Intellectual Property, Misrepresentation or any claim based on vicarious liability for Torts or other wrongful acts committed by individuals met on or through the Site and Services, including but not limited to fraud, financial crimes, assault, battery, stalking, rape, theft, cheating, perjury, manslaughter, or murder.
The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by You. This release is intended by the parties to be interpreted broadly in favor of Cliptopia.com, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith. Nothing contained in this section is intended to limit the scope of releases and / or indemnification contained elsewhere in this Agreement.
You are fully liable for any false disclosures and responsible for any legal ramifications that may arise from the viewing or downloading of material from Cliptopia.com, and its affiliates cannot be held responsible for any legal ramifications that may arise as a result of fraudulent entry into, or use of, this website and/or material contained herein.
In case there is any part of the above statements You do not accept, or You are not aware of pertinent laws and regulations DO NOT ENTER THE WEBSITE!
This warning page constitutes a legal Agreement between Cliptopia.com and Yourself, as well as any business entity of which You have any legal or equitable interest. If any portion of this Agreement is deemed unenforceable by a Court of competent jurisdiction, it shall not affect the enforceability of the other portions of this Agreement.
We would like to inform You, for ALL legal statements, statutory declarations made by Cliptopia and its Owner, and can be found on the site we can ONLY take the ENGLISH version as a basis and underlying! We DO NOT accept any kind of legal claims, or other complaints for the misunderstandings as a result of the mistranslated! Cliptopia does not give a guarantee for the information published herein. Furthermore appearance of content on the website does not necessarily mean that Cliptopia supports the author or takes the responsibility for this content.
Cliptopia retains the right to update or change the above Terms and Conditions, or anything relating to Cliptopia, at any time, for any reason, without prior notice to you.
For Fans Media is located at Ronda Sant Pere 52, 1st floor, 08010 Barcelona
For any enquiries, please email: support@Cliptopia.com