Terms of Use

Last Updated: October 09, 2024

TERMS OF USE

xoNation is an interactive platform that allows creators to monetize their exposures and relationships with their subscribers. We are highly dedicated to putting utmost value and protection to our creators, at the same time, to provide their subscribers with a platform to see more of their creator's exclusive content. Below are our Terms of Use of this platform to ascertain that all processes and agreements are covered between xoNation and its users.

Welcome to xoNation!

By using xoNation, you agree to these terms.

These are xoNation’s terms of use, and they apply to all users of the xoNation platform. “We,” “our,” or “us” refers to xoNation Inc. and our subsidiaries. “xoNation” refers to this platform and the services offered by us. By using xoNation, you agree to these terms and the other policies we post. Please read them carefully and let us know if you have any questions. For information about our data practices, please see our Privacy Policy. We can collect and use your information per those policies.

Your Account

You must be at least 18 years old to register for an account. You are responsible for your account.

When you create an account, you must provide us with accurate information in good faith, and you agree to keep your information updated if it changes. To create an account, you must be at least 18 years old.

To join a creator’s membership as a subscriber or provide membership as a creator, you must be at least 18 years old. You are responsible for your account’s accessibility and security. Please get in touch with us immediately if you think that your account is compromised.  

Abusive Conduct

Be responsible and don’t violate our policies.

You are responsible for all activity on your account. If you violate our policies, we may terminate your account. Please don’t do anything illegal, abusive towards others, or anything that abuses our site’s technicalities. If you are a creator raising funds on xoNation, 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 on our platform. You can find more detailed information in our Content Provider Policy. This policy covers most issues, but we may prevent it if you find a new and creative way to hurt xoNation or our community.

All About Being a Creator

A “creator” is someone who creates a membership page on xoNation to engage with subscribers who have purchased memberships from xoNation to support the creator’s content. Details are below regarding payments, fees, taxes, and restrictions that you should read in full if you are a creator.

Membership

To become a creator, launch your page to start your membership. When you join xoNation, you become part of the xoNation community. You can use creator tools that xoNation provides, showcase your creations, and receive recurring revenue from your page. Memberships are for your most passionate subscribers. On xoNation, you can provide your subscribers something exciting that gives them unique benefits they want, like additional access, exclusivity, and engaging experiences. You will receive loyal support from your subscribers and recurring revenue from subscribers’ memberships from xoNation.

Payments

As a creator, you make your membership available on xoNation, and we provide membership to your subscribers on a subscription basis. We also handle payments issues such as fraud, chargebacks, and the 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 compliance, 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 payment block, please reach out to us. We may block subscribers’ payments to protect creators if we believe them to be fraudulent. Sometimes activities like refunds can put your account balance into the negative. If your balance becomes negative, we reserve the right to recover those funds from future payments.

Fees

As a creator, there are two fees associated with your membership on xoNation. The first is the platform fee, which varies depending on your service level. The second is the payment processing fee, which is dependent on the currency selected by the creator.

  • The payment processing fee in US Dollars is 2.9% plus $0.30 per successful pledge for pledges over $3, and a 5% fee plus $0.10 per successful pledge for pledges of $3 or less. PayPal payments from non-US subscribers have an additional 1% fee.
  • The payment processing fee in Euro is 3.4% plus €0.35 per successful pledge for pledges over €3, and 5% fee plus €0.15 per successful pledge for pledges of €3 or less.
  • The payment processing fee in British Pounds is 3.4% plus £0.35 per successful pledge for pledges over £3, and 5% fee plus £0.15 per successful pledge for pledges of £3 or less.
  • The payment processing fee in Canadian Dollars is 3.2% plus CA$0.35 per successful pledge for pledges over CA$3, and 5% fee plus CA$0.10 per successful pledge for pledges of CA$3 or less.
  • The payment processing fee in Australian Dollars is 3.0% plus AU$0.30 per successful pledge for pledges over AU$3, and 5% fee plus AU$0.10 per successful pledge for pledges of AU$3 or less.

You can see how much processing fees are for any membership subscription on your creator dashboard. Depending on your subscribers’ locations, some banks may charge your subscriber a foreign transaction fee for their membership subscription. xoNation does not control this charge, but it is typically around 3.0%.

Tax

We collect tax identification information and report this to tax authorities as legally required. You are responsible for reporting any income or withholding taxes that may be due to payments received. You can learn more in our Tax Help Center. We are additionally accountable for a number of transactional taxes across the world. These include but are not limited to VAT on payments for electronically supplied services to subscribers in the Eu, GST as an operator of an electronic distribution platform (EDP) within Australia, and state sales tax as a result of ‘marketplace laws’ within the United States. For electronically supplied services, creators supply those services to us, and then we provide them to the subscriber. To learn more about how we handle transaction taxes, please check our VAT guide. In locales where xoNation is required to collect transaction tax from subscribers, pledges processed from subscribers will reflect the tier or custom pledge amount plus the applicable tax. Applicable tax will not be taken from a pledge but will be charged in addition to the pledge. Once settled, the tax amount will be automatically deducted for remittance to the applicable taxing authority. A record of the transaction tax portion of the pledge will be available on your earnings details page. As a creator on our site, it is your responsibility to provide accurate information when engaging with the sales tax weighting tool and, generally, when listing benefits transferred within your tiers.

Restrictions

We don’t allow creations and benefits that violate our policies. You can learn more by visiting our Content Provider Policy. Those rules summarize what we don’t allow:

  • Content that shows, includes, or refers to:
    • Any individual under 18 years old (or which relates to individuals under 18 years old generally); or
    • any other individual unless you have written documentation that confirms that all individuals shown or 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;
  • Content that shows, promotes, advertises, or refers to:
    • firearms, weapons, or any goods wholesale, possession, or use are subject to prohibitions or restrictions;
    • drugs or drug paraphernalia;
    • self-harm or suicide;  
    • incest;
    • bestiality;
    • violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, extreme fisting, or genital mutilation;
    • necrophilia;
    • urine, scatological, or excrement-related material;
    • "revenge porn" (being 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 memorialized or
      • (b) being posted and shared on xoNation;
    • Escort services, sex trafficking, or prostitution;

We are not required to allow any particular person or group of persons to be your subscriber. As a creator, you are also responsible for keeping subscriber data safe. You can see what is required in our Data Processing Agreement. An account is tied to your creative output and cannot be sold or transferred for use by another creator.

All About Being a Subscriber

A subscriber is someone who purchases memberships from xoNation to support their favorite creators’ creations. Through a paid membership on xoNation, subscribers directly interact with creators they support, using tools supplied by xoNation, and through our platform have the opportunity to engage with a greater community of subscribers and creators.

As a subscriber, you’re joining xoNation to be part of an exciting movement to support a creator’s membership. At the same time, you get unique benefits, like access to your creator, exclusivity, and engaging experiences with the creator and subscriber community. In exchange, you pay xoNation for membership programs on a subscription basis to access and support creators you like. To become a subscriber, create an account, add your preferred payment method, and join a membership program on xoNation to start supporting your creator!

Refunds: We accept refund requests provided that they are submitted within fourteen (14) days from the date of purchase or subscription. All requests will be dealt with case by case.

xoNation's Role

We proactively look at some pages and posts on xoNation and review reported pages to identify potential violations of our guidelines.

We proactively look at some pages and posts on xoNation to ensure creators follow our Community Guidelines and Benefits Guidelines. We also investigate reports of potential violations. These investigations may take a while to resolve and include looking at what is supported by funds received through xoNation. In most situations, we will work with creators to resolve any potential violations and allow the creator to continue using xoNation. Terminating accounts is not an action we take lightly, and it is only in the most extreme cases. xoNation reserves the right to remove a creator or subscriber from participating in annual memberships. Removing the creator or subscriber from participating in yearly memberships will prohibit the creator from accepting new annual payments and prohibit the subscriber from making new annual payments. Still, it will not automatically remove the creator or subscriber from the platform unless there is an independent basis for their removal.

Please let us know if you see potential violations of our Community Guidelines. You can learn how to report them here. 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. It means that xoNation cannot participate in transactions involving designated people, places, or items that originate from those places, as determined by agencies like OFAC. You can read our Sanctions Policy here. We are constantly testing out new features to make xoNation 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, we explain those differences in the test. With your permission, we may give other websites or services the ability to verify information about your xoNation account or perform actions on your behalf. When you connect your xoNation account to these other websites or services, this permission is asked. You can learn more about our Privacy Policy.

Account Deletion

You can delete your account here. We can disable your account at our discretion.

You can permanently delete your account by going to our general settings. You can also see what information is deleted and what we continue to store after the account is deleted. 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 get such a claim, you are responsible for the damages caused, including attorney fees and costs. These terms remain in effect even if you no longer have an account.

Your Creations

You keep complete ownership of all creations but permit us to use them on xoNation. Make sure you have permission to use creations that you offer on xoNation.

You keep full ownership of all creations you offer on xoNation, but we need licenses from you to operate xoNation effectively. By posting creations on xoNation, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, and 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 allowing us to provide and promote memberships to your subscribers. We will never try to steal your content/creations, or use them in an exploitative way. You may not post creations that infringe others’ intellectual property or proprietary rights. Subscribers may not use creations posted by creators in any way not authorized by the creator.

Your Third-Party Apps

You may grant xoNation permission to access third-party apps. You may also revoke that permission.

You may grant xoNation access to your third-party accounts, such as Google, YouTube, Facebook, Instagram, Twitter, and Twitch, for some xoNation features to operate. Each time you connect your third-party account, that third-party account will present a page that describes the information that xoNation can access.

These are the links for each service:

xoNation's Creations

You can use our copyrights or trademarks to promote your xoNation 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 xoNation page. You can learn more about the correct use of our logo in our Brand Guidelines. You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our creations unless we permit you. Please ask if you have any questions.

Indemnity

If we are sued because of your use of or conduct on xoNation, you have to help pay for it.

You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of xoNation. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right, 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.

Warranty Disclaimer

We do our best to make sure xoNation works as expected, but things happen.

xoNation 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 due to using xoNation, any payment to you is limited to the amount of money we have earned through your use of xoNation.

To the extent permitted by law, we are not liable to you for any incidental, consequential, or punitive damages arising from these Terms or your use or attempted use of xoNation. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of xoNation. We are specifically not liable for losses associated with unfulfilled benefits and from losses caused by conflicting contractual agreements. For this clause, “we” and “our” are defined to include our subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers.

Dispute Resolution

If you have a problem, please talk to us. Any dispute with us must be resolved in Los Angeles under California law.

We encourage you to contact us if you have an issue. If a dispute arises out of these terms concerning your use of xoNation, the dispute will be resolved in the federal or state courts located in Los Angeles, California. Both parties consent to the exclusive jurisdiction and venue of the Los Angeles court to resolve any such dispute. Excluding its conflict of law provisions, California law governs these terms, all other xoNation policies, and any dispute between you and xoNation.

Everything Else

These terms are the final word on xoNation’s policies, and we will tell you if we change them.

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 changed, 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, we will let you know before the changes occur. Continuing to use xoNation after a change means you accept the new terms or policies.

If you use accessibility tools and have questions or concerns, please contact us at support@xoNation.com.