General information
About
By using TipBabes you agree to these terms. These are TipBabe's terms of use, and they apply to all
users of the TipBabe platform. "We", "our" or "us" refers to BitFutures, LLC and our subsidiaries.
"TipBabe" refers to this platform and the services offered by us.
By using TipBabe you agree to these terms and to the other we post on our
website. Please read them carefully and let us know
if you have any questions. For information about our data practices, please see our
Privacy Policy, including our
Cookies Policy. We can collect and
use your information in accordance with those policies.
Age restrictions
When you create an account you must provide us with accurate information.
To create an account you must be at least 18 years old. To join a creator's membership as a customer, or provide
a membership as a creator, you must be at least 18 years old.
You are responsible for anything that occurs when anyone is signed in to your account, as well as the security
of the account. Please
contact us immediately if you believe
your account is compromised.
Age Verification and Photo ID Procedures
Each user will agree that they are over 18 years of age prior to entry to the site.
Creators will provide photo identification of themselves holding their photo ID.
TipBabe will confirm that the the individual and the person in the ID are the same individual and of legal age
Responsibility
You are responsible for all activity on your account. If you violate our policies we may terminate your
account.
Don't do anything illegal, abusive towards others, or that abuses our site in a technical way. If you are a
creator raising funds on TipBabe, we may be held accountable for what you do with those funds. As a
result, we also look at what you do with your membership off our platform.
You can find more detailed information in the
Security Policy which cover most
issues, but if you find a new and creative way to hurt TipBabe or our community we may take action to
prevent it.
Accounts
Definition of Creator
A creator is someone who offers membership to customers on TipBabe. There are a lot of details here
involving payments, fees, taxes and restrictions that you should read in full if you are a creator.
Membership
To become a creator simply launch your page to start your membership. Memberships are for your most passionate
fans. You’re inviting them to be part of something exciting that gives them unique benefits they want, like
additional access, merchandise, exclusivity, and engaging experiences. In exchange, customers pay on a
subscription basis.
Payments
As a creator you make your membership available on TipBabe, and we provide membership to your customers
on a subscription basis. We also handle payments issues such as fraud, chargebacks and resolution of payments
disputes.
We try to provide timely access to your funds, but you may occasionally experience delays in accessing your
funds. We may also block or hold payments for violations of our policies or for compliance reasons, including
collecting tax reporting information. When payments are delayed or blocked we try to communicate the reason to
you promptly. If you have questions about a payments block, please reach out to us using contact form on the
website. In order to protect creators, we may block customers’ payments if we believe them to be fraudulent.
Sometimes activities like refunds can put your account balance into the negative. If your balance becomes
negative then we may recover those funds from future payments.
Fees
As a creator there are two fees associated with your membership on TipBabe. The first is the platform
fee, which is 15% of your monthly income at TipBabe. The second is the payment processing fee, which is
dependent on the currency selected by the creator.
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The payment processing fee in U.S. Dollars is 2.9% plus $0.30 per successful payment for payments over $3,
and 5% plus $0.10 per successful payment for payments of $3 or less. PayPal payments from non-US customers
have an additional 1% fee. The legacy payment processing rate varies depending on a number of factors,
including the membership subscription amount, card type and number of other memberships joined by a
customer.
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The payment processing fee in Euros is 3.4% plus €0.35 per successful payment for payments over €3, and 5%
plus €0.15 per successful payment for payments of €3 or less.
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The payment processing fee in British Pounds is 3.4% plus £0.35 per successful payment for payments over £3,
and 5% plus £0.15 per successful payment for payments of £3 or less.
Depending on your customers' locations, some banks may charge your customer a foreign transaction fee for their
membership subscription. TipBabe does not control this charge, but it is typically around 3%.
Tax
We do not handle most tax payments, but we collect tax identification information and report this to tax
authorities as legally required. You are responsible for reporting any taxes.
The one tax we do handle on your behalf is VAT payments for electronically supplied services to customers in the
EU. For the purpose of electronically supplied services, creators make a supply of those services to us, and
then we supply them to the customer.
Restrictions
We don't allow creations and benefits that violate our policies:
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Illegal creations or benefits.
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Creations or benefits that are abusive towards other people.
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Creations or benefits that use others' intellectual property, unless you have written permission to use it,
or your use is protected by fair use.
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Creations or benefits with real people engaging in sexual acts.
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Benefits that involve raffles or prizes based on chance.
If your fans include people under the age of 18, then please remind them that they need permission to join
your meet. We are not required to allow any
particular person or group of persons to be your customer.
As a creator you are also responsible for keeping customer data safe. An account is tied to your creative
output and cannot be sold or transferred for use by another creator.
Customers
To become a customer simply create an account, add your preferred payment method and join a creator's
membership!
There are two types of membership subscriptions. One is a monthly subscription where you pay per month. The
other is a per creation subscription where you pay based on the number of creations a creator posts in that
month.
The timing and amount of each membership subscription depends on the creator you support. You can see the
details as you join and in the receipt sent to you after each successful payment. You can view all your active
membership subscriptions and billing history.
You may cancel your membership subscription at any time. We may grant refunds at our sole discretion.
To become a customer simply create an account, add your preferred payment method and join a creator's
membership!
In certain situations you may lose access to a creator's customer-only posts and benefits. These include when
you cancel your membership subscription, your payment method fails, the creator blocks you, or the creator
deletes their account. We are not required to allow you to be a customer of any particular creator.
Creators' memberships vary and we have limited control over the quality and specific offerings. We attempt to
screen for fraudulent creator pages, but cannot guarantee the identity of creators or the validity of any claims
they make. We appreciate your help reporting suspicious creator pages so we can keep TipBabe safe.
If you are located in the EU, then VAT is added to the total charge. This is shown when you set up the initial
membership subscription.
Depending on your location, some banks may charge you a foreign transaction fee for your membership
subscription. TipBabe does not control this charge, but it is typically around 3%. Please contact your
bank for more information.
Content Moderation Process
Within the terms and conditions that creators agree to in a Click-wrap agreement, they will agree to no have any content that is illegal, including but not limited to content which features any sexual activity without consent, bestiality, or individuals below the age of 18.
Internal team members at TipBabe will also monitor content that has been uploaded to confirm it's meeting these standards. Like most other social platforms of various sizes, TipBabe will also rely on the reporting of our users to notify us of such content. Pending judgment on if the "reporting" function is being abused by certain users, TipBabe will block the content in question as soon as the request is received. An investigation will be conducted in 5 business days.
The investigation will consist of findings from TipBabe and a response/explanation from the Creator. If the material in question is deemed acceptable, then it will be be unblocked. If the content is not legal, then the account in question will be eliminated.
Arbitration
a. A written claim by either party for breach of contract must be made not later than thirty (30) days after other party has notice of such breach. Such timely written claim is a condition precedent to recovery. Notwithstanding the foregoing, no action, regardless of form, arising out of or in connection with this Agreement may be brought more than one year after the cause of action has arisen, except as may otherwise be required by applicable law. Both parties shall use reasonable efforts to resolve by negotiation any claim, controversy, or dispute arising out of or relating to this Agreement, or any interpretation or breach of this Agreement or performance under this Agreement, for a period of at least fifteen (15) days after such claim or other dispute arises
b. If the parties are unable to resolve any claim, controversy or dispute as provided in Paragraph 12a, then any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of its dispute resolution provisions, shall be determined by arbitration in Las Vegas, Nevada or in a location mutually agreed to by the Parties, before a single arbitrator. The Parties agree: (i) to arbitrate solely on an individual basis, and (ii) that this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Any arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. This clause shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
TipBabe's role
We proactively look at some pages and posts on TipBabe and review reported pages to identify potential
violations of our guidelines.
We proactively look at some pages and posts on TipBabe. We also investigate reports of potential
violations. These investigations may take a while to resolve and may include looking at what is supported by
funds received through TipBabe.
In most situations we will work with creators to resolve any potential violations and allow the creator to
continue using TipBabe. Terminating accounts is not an action we take lightly and is done in only the
most extreme cases.
Please let us know if you see potential violations by reporting it at our website using
contact form
As a global company based in the United States with operations in other countries, we must comply with economic
sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control ("OFAC")
of the U.S. Department of the Treasury. This means that TipBabe cannot take part in transactions that
involve designated people, places, or items that originate from those places, as determined by agencies like
OFAC.
We are constantly testing out new features with the goal of making TipBabe better. We may add or remove
features, and often test features with a random subset of our community. If we believe a feature is
significantly different from these terms, then we explain those differences in the test.
With your permission, we may give other websites or services the ability to verify information about your TipBabe account or perform actions on your behalf. This permission is asked for when you connect your TipBabe account to these other websites or services. You can learn more in our
Privacy Policy.
Account deletion
You can delete your account. We can disable your account at our discretion.
You can permanently delete your account at any time by
contacting us. We can terminate or
suspend your account at any time at our discretion. We can also cancel any membership subscriptions and remove
any descriptions, posts or benefits at our discretion.
You may not bring a claim against us for suspending or terminating another person's account, and you agree you
will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused,
including attorneys fees and costs.
These terms remain in effect even if you no longer have an account.
Intellectual property
Your creations
You keep complete ownership of all creations, but you give us permission to use them on TipBabe. Make
sure you have permission to use creations that you offer on TipBabe.
You keep full ownership of all creations that you offer on TipBabe, but we need licenses from you to
operate TipBabe effectively.
By posting creations on TipBabe you grant us a royalty-free, perpetual, irrevocable, non-exclusive,
sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative
works of your creation. The purpose of this license is strictly limited to allow us to provide and promote
memberships to your customers. We will never try to steal your creations or use them in an exploitative way.
You keep complete ownership of all creations, but you give us permission to use them on TipBabe. Make
sure you have permission to use creations that you offer on TipBabe.
You may not post creations that infringe others' intellectual property or proprietary rights.
Customers may not use creations posted by creators in any way not authorized by the creator.
TipBabe's creations
You can use our copyrights or trademarks to promote your TipBabe page, but can’t use them for anything
else without our permission.
Our creations are protected by copyright, trademark and trade secret laws. Some examples of our creations are
the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or
trademarks to promote your TipBabe page.You may not otherwise use, reproduce, distribute, perform,
publicly display or prepare derivative works of our creations unless we give you permission in writing. Please
ask if you have any questions.
Indemnity
You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or
relate to your use of TipBabe. We reserve the right to exclusive control over the defense of a claim
covered by this clause. If we use this right then you will help us in our defense.
Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers,
directors, employees, agents and third party service providers.
Legal
Warranty disclaimer
We do our best to make sure TipBabe works as expected, but stuff happens.
TipBabe is provided "as is" and without warranty of any kind. Any warranty of merchantability, fitness
for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted
by law.
The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third party service
providers.
Limit of liability
If you lose money as a result of using TipBabe, any payment to you is limited to the amount of money we
have earned through your use of TipBabe.
To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages
arising out of these terms, or your use or attempted use of TipBabe. To the extent permitted by law, our
liability for damages is limited to the amount of money we have earned through your use of TipBabe. We
are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting
contractual agreements.
For this clause "we" and "our" is defined to include our subsidiaries, affiliates, officers, directors,
employees, agents and third party service providers.
Dispute resolution
Dispute We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or
related to your use of TipBabe, and it cannot be resolved after you talk with us, then it must be
resolved by arbitration. This arbitration must be administered by JAMS under the JAMS Streamlined Arbitration
Rules and Procedures, except as expressly provided below. Judgment on the arbitration entered in any court
with jurisdiction. Arbitrations may only take place on an individual basis. No class arbitrations or other
other grouping of parties is allowed. By agreeing to these terms you are waiving your right to trial by jury
or to participate in a class action or representative proceeding; we are also waiving these rights.
For creators and customers who are consumers, we also follow the JAMS Policy on Consumer Arbitrations Pursuant
to Pre-Dispute Clauses Minimum Standards of Procedural Fairness for consumer arbitrations done under these
terms. For the purpose of an arbitration subject to the consumer standards, if any portion of these terms do not
follow that standard, that portion is severed from these terms.
This clause does not limit either party's ability to file an action in a court with jurisdiction to seek
injunctive or other equitable relief for disputes relating to intellectual property, proprietary data or to
enforce this dispute resolution clause, including your agreement not to assert claims related to the suspension
or termination of another person's account. In any such action, the court rather than an arbitrator must decide
whether such a claim is arbitrable and must decide whether the party is entitled to the requested injunctive or
other equitable relief.
Governing law
Any disputes with us must be resolved in Dover city under Delaware law.
Delaware law, excluding its conflict of law provisions, governs these terms and all other TipBabe policies. If a lawsuit does arise, both parties consent to the exclusive jurisdiction and venue of the courts
located in Dover, Delaware.
Take Down and Appeals Process
If you have a complaint about content or conduct of a user on TipBabe, please send your complaint to support@tipbabe.com with the following details:
• Identification information on the creator or TipBabe user whom the complaint is regarding.
• A detailed description of the reason the complaint is being filed.
• The Date and Time the act/content which caused the complaint was encountered.
• Any other relevant information.
Once the complaint is received, TipBabe will investigate the issue and respond within 10 business days;
Content that is found to be unlawful will be immediately removed after hearing possible explanations from TipBabe creator. For other complaints, we will take every step that we consider to be appropriate to investigate your complaint. While we are not obligated to inform you of the outcome, we will resolve the issue if the investigation results in a confirmation of a policy violation. TipBabe users must not make any complaints in bad faith. Violations of this policy could result in a termination of TipBabe account .
Section 2257 Disclosure Statement
Content Subject to Section 2257: All models, actors, actresses, and other persons that appear in any visual portrayal of actual or simulated sexually explicit conduct appearing on, or otherwise contained on Tip Babe were over the age of eighteen (18) years at the time the visual image was produced. Records required for all depictions of actual or simulated sexually explicit conduct as defined by Section 2257 are on file with the appropriate Records Custodian.
Exemption Statement: All other visual depictions displayed on Tip Babe are exempt from the provision of Section 2257 because: 1) they do not portray conduct as specifically listed in 18 U.S.C §2256 (2)(A) (i) through (iv); 2) they do not portray conduct as specifically listed in 18 U.S.C. §2257A produced after March 19, 2009; 3) they do not portray conduct listed in 18 U.S.C. §2256(2)(A)(v) produced after March 19, 2009; 4) the visual depictions were created prior to July 3, 1995; or, 5) Tip Babe does not act as a “producer” with respect to the dissemination of such exempt images as that term is defined in 28 C.F.R. §75.1(c).
The title of this work is: Tip Babe.
All records associated with depictions contained herein, required to be maintained by United States law, will be made available to authorized inspectors by the Records Custodian at the following location:
Tip Babe LLC at 8 The Green, Suite A, Dover, DE 19901
Everything else
These terms and any referenced policies are the entire agreement between you and us, and supersede all prior
agreements. If any provision of these terms is held to be unenforceable, then that provision is modified to the
extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other
provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive
the ability to enforce any rights in the future.
We may sometimes make changes to these terms and policies. If we make material changes that adversely affect
your rights, then we will let you know before the changes come into effect. Continuing to use TipBabe after a change means you accept the new terms or policies.
These terms are an agreement with TipBabe LLC, 8 The Green, Suite A, Dover, DE 19901