Terms of Use

Table of Contents

PART 1: Terms of Use for the Usage of Playboy.com

PART 2: Terms of Use for the Playboy Club Creator Platform

PART 3: Terms and Conditions of Creator Referral Program

PART 4: Terms and Conditions of Membership Program

PART 5: Terms and Conditions of Membership Referral Program

PART 6: General Terms and Conditions

THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.

READ THESE TERMS OF USE CAREFULLY. THEY ARE A LEGAL CONTRACT GOVERNING YOUR USE OF THE SITE, MEMBERSHIP PROGRAM, AND CREATOR PLATFORM PROVIDED BY PLAYBOY.COM, INC. AND ITS SUBSIDIARIES AND AFFILIATES (collectively, “Playboy”, “PBCI”, “Company”, “we”, “us” or “our”). Capitalized terms used but not defined in a given section of these Terms of Use shall have the meaning given such terms elsewhere in these Terms of Use.


PART 1: TERMS OF USE FOR USAGE OF PLAYBOY.COM

Last Updated: February 16, 2024

These Terms of Use for usage of Playboy.com (“Terms”) govern your access to and use of the website, mobile-optimized website, mobile application, or other online service where these Terms are posted (collectively, the “Site”). By clicking an Accept, Register or similar button or icon, connecting to the Site through a third party such as Facebook or by accessing, browsing, or using the Site in any manner, you agree to be bound to these Terms and our Privacy Policy, whether or not you registered with the Site. All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Site in any manner, and each of your heirs, assigns, and successors. The Site reserves the right to deny access to any person who violates these Terms.

Eligibility. The Site is intended solely for persons who are 18 years old or older. Any access to or use of the Site by anyone under the age of 18 is expressly prohibited. By accessing or using the Site you represent and warrant that you are 18 years old or older.

Copyright. All information, content, services and software displayed on, transmitted through, or used in connection with the Site (with the exception of User Content as defined below), including, for example, news articles, stories, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the “Site Content”), as well as its selection and arrangement, is owned by PBCI and/or its licensors and suppliers. You may use the Site Content online only, and solely for your personal, non-commercial use. No other use is permitted without the prior written permission of PBCI. The permitted use described in this section is contingent on your compliance at all times with these Terms.

Except where explicitly provided for herein or on the Site, you may not republish any portion of the Site Content on any Internet, Intranet, extranet site or any other online or offline publication, or incorporate the Site Content in any database, compilation, archive, cache, or similar medium. You may not distribute any Site Content to others, whether or not for payment or other consideration, and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display, exploit, or otherwise use any portion of the Site Content. You may not scrape or otherwise copy our Site Content without our permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site nor to insert any code or product or manipulate the Site Content or the Site in any way or for any purpose, and not to use any data mining, data gathering or extraction method. Requests to use Site Content for any purpose other than as permitted in these Terms should be directed to [email protected]

Registration. Registration is not required to view certain Site Content. However, to use some parts of the Site - including without limitation, if you wish to post a comment or upload a photo or video, or view certain other Content - you may be required to register or subscribe and provide certain information about yourself. If you become a registered member of the Site, you accept responsibility for all activities that occur under your registration account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. We reserve the right to terminate your access and use of the Site, in whole or in part, if more than one individual accesses the Site using any single registration account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access the Site using your name in whole or in part without your permission. If you believe someone has accessed the Site using your registration account and password without your authorization, e-mail us immediately at Customer Support.

User Content Representations and Warranties. By placing material on the Site, including but not limited to posting content or communications to any Site bulletin board, forum, blog , message or chat area, or posting text, images, audio files, video clips, or any audio-visual content to the Site (collectively, “User Content”), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these Terms; and (2) the User Content will not cause injury to any person, group or entity.

User Content License. For all User Content you post, upload, or otherwise make available (in this section - “Provide”) to the Site, you grant PBCI a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable, assignable and transferrable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Content, in whole or in part, in any form, format, or medium, of any kind now known or later developed. Without limiting the generality of the previous sentence, you authorize PBCI to: (i) share the User Content across all websites, mobile applications, publications and other online and offline services affiliated with PBCI; (ii) include the User Content in a searchable format accessible by users of the Site and other PBCI websites, mobile applications, publications and other online services; (iii) place advertisements in close proximity to such User Content; and (iv) use your name, likeness and any other information you Provide in connection with our use of the material you Provide. You waive all moral rights with respect to any User Content you Provide to the Site. You also grant PBCI the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you Provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this section are granted without the need for additional compensation of any sort by PBCI to you or to any other person or entity. You agree that you will indemnify, defend, and hold harmless PBCI and its officers, directors and employees for all claims resulting from User Content you post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses. You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under these Terms.

Unsolicited Material and Ideas. We are happy to hear from our users and welcome feedback regarding our Site. However, neither the Site nor PBCI is responsible for the similarity of any of its content or programming in any media to materials or ideas provided to the Site. If you do transmit unsolicited submissions to us through the Site or otherwise, you grant PBCI a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable, assignable and transferrable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such submissions, and you understand and agree that such submissions may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or otherwise used as PBCI sees fit. By using the Site and transmitting an unsolicited submission to us, you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that by sending an unsolicited submission you waive the right to make any claim against the Site, PBCI and its parents, affiliated companies, officers, directors or employees relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality, even if material or an idea is used that is or may be substantially similar to the idea you sent. DO NOT SEND US ADULT CONTENT. DO NOT POST ADULT CONTENT. IT WILL NOT BE VIEWED AND IT WILL BE DELETED IMMEDIATELY.

User Content Screening and Removal. You acknowledge that the Site and/or its designees may or may not pre-screen User Content, and shall have the right (but not the obligation), in their sole discretion, to move, remove, block, edit, or refuse any User Content for any reason, including without limitation that such User Content violates these Terms or is otherwise objectionable.

User Content Assumption of Risk. Although the Site may from time to time monitor or review postings, transmissions, and the like on the Site, it cannot and does not monitor or manage all User Content, and does not guarantee the accuracy, integrity, or quality of User Content. All User Content provided to the Site is the sole responsibility of the person who provided it. This means that you are entirely responsible for all User Content that you Provide. To protect your safety, please use your best judgment when using Site forums, chat rooms, bulletin boards, blogs, comments sections, or similar features. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. You acknowledge and agree that if you make such disclosures either through posting on any bulletin board, forum, blog, message, comment section, or chat area, or uploading text, images, audio files or other audio-visual content, in classified advertising you place or in other interactive areas, or to third parties in any communication, you do so fully understanding that such information could be used to identify and contact you.

User Content Posting Rules. Any decisions as to whether User Content violates any posting rule set forth in these Terms will be made by us in our sole discretion and after we have actual notice of such posting. When you provide User Content, you agree to the following rules:

Do not provide User Content that: contains copyrighted or other proprietary material of any kind without the express permission of the owner of that material;

Nothing in this language should be construed to limit a user’s ability to make lawful comments about Playboy or this Site.

WARNING: PLAYBOY HAS NO TOLERANCE FOR ANY VIOLATION OF THE ABOVE POSTING RULES, NOR ANY USE OR INTERACTION WITH THE SITE THAT MAY PERMIT OR ALLOW THE UPLOADING OR SHARING OF ANY CONTENT THAT MAY BE THE RESULT OF OR RELATE TO ANY SEXUAL OR HUMAN TRAFFICKING, PHYSICAL ABUSE, OR THE EXPLOITATION OF CHILDREN. ANY SUCH VIOLATIONS OR UNLAWFUL CONTENT MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.

You shall notify us immediately upon becoming aware of any conduct or behavior by any individuals or entities of any restricted uses of the Site and/or any suspected unlawful content by sending an email to [email protected], and you shall provide us with reasonable assistance in any investigations we conduct in light of the information you provide to us. We will remove such content and take other appropriate action which may include terminating/disabling user accounts and reporting the matter to organizations such as the National Center for Missing & Exploited Children ([https://www.missingkids.org/home][1]), Child Welfare Information Gateway ([https://www.childwelfare.gov][1]), or other groups as we deem necessary.

You acknowledge that we have no obligation to monitor any users’ access to or use of the Site, or to review or edit any Content or User Content, but we have the right to do so in our sole discretion: (i) for the purpose of operating and improving the Site (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) to ensure your or another user’s compliance with these Terms; (iii) to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body; or (iv) to address content that we determine is otherwise objectionable or violates these Terms. We reserve the right, at any time and without prior notice, to remove or disable access to any Site Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms, otherwise harmful to the Site, or for any other reason that we deem appropriate. In order to protect the integrity of the Site, and to comply with applicable law, we also reserve the right at any time in our sole discretion to block users from certain IP addresses or geographic locations from accessing and using the Site.

You acknowledge, consent, and agree that we may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary: (i) to respond to claims asserted against us or to comply with legal process (for example, subpoenas, warrants, or other process); (ii) to enforce or administer our agreements with users, including without limitation these Terms; (iii) to render services you request; (iv) to protect the rights or property of the Site, PBCI, and their respective third-party suppliers, service providers, and licensors; (v) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; (vi) to protect the rights, property or safety of PBCI, the Site, its users, or members of the public; or (vii) in circumstances that we deem, in our sole discretion, to pose a threat to the safety of us, you or others.

Transactions and E-Commerce. During your visit to the Site, you may elect to engage in a transaction involving the purchase of a product such as a magazine subscription, online content subscription, a print or online advertisement or other tangible goods and services. Credit card transactions and order fulfillment are often handled by a third-party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as perfect security on the Internet or offline. If you are concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. PBCI, its affiliates, and the Site cannot and do not take responsibility for the success or security of transactions undertaken or processed by third parties.

Advertisements & Linked Sites. We participate in various affiliate marketing programs and other arrangements with third parties, which means we may receive a commission or other form of compensation if you (a) click on certain ads or links that appear on our Site, or (b) purchase a product or service using links from our Site to retailer websites. If we provide links to other websites, you should not infer or assume that we operate, control, or are otherwise connected with these other websites. Please be careful to read the applicable terms and conditions and privacy policy of any other website before you provide any personal information or engage in any transactions. We are not responsible for the content or practices of any website that is not part of the Site, even if the website is operated by a company affiliated or otherwise connected with us. By using the Site, you acknowledge and agree that we are not responsible or liable to you for any content or other materials hosted, served, or residing on the domain from any websites other than the Site and then only to the extent provided for herein.

During your visit to the Site, you may link to, or view as part of a frame, certain content that is actually created, hosted and/or licensed by a third party. Because the Site has no control over third-party sites and resources, you acknowledge and agree that the Site is not responsible for the availability of external websites or resources, nor for the content, actions, or policies of those sites. Information you provide on such websites, including personal information and transactional information, is subject to the applicable terms and conditions and privacy policy of those websites.

Errors in Advertisements. On occasion, a product or service may not be available at the time or the price as it appears in an advertisement or other material in the Site. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology error, error in the date or length of publication, error in pricing or product information received from our advertisers or suppliers, or for any other reason, you agree the Site is not responsible for such errors or discrepancies. Communications with Third Parties Through the Site. Your dealings or communications through the Site with any party other than PBCI are solely between you and that third party. For example, certain areas of the Site may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will the Site be liable for any goods, services, resources or content available through such third-party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be directed to the third party.

Notice of Intellectual Property Infringement. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of the Site, in appropriate circumstances, to terminate the registration account of a member who is deemed to infringe third-party intellectual property rights or to remove User Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Site, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):

The Site’s Copyright Agent can be reached as follows:

Playboy Enterprises International, Inc. Attn: Copyright Manager 10960 Wilshire Blvd, Suite 2200 Los Angeles, CA 90024 Phone: (310) 424-3723 Email: [email protected]

Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT OUR COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS. For other inquiries or questions, please email us at [email protected]. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

General Disclaimer and Limitation of Liability. While the Site and PBCI use reasonable efforts to include accurate and up-to-date information, neither the Site nor PBCI make any warranties or representations as to the accuracy of the Site Content appearing on the Site, including the User Content, and assume no liability or responsibility for any error or omission in the Site Content. The Site and PBCI do not represent or warrant that use of any Site Content will not infringe rights of third parties. The Site and PBCI have no responsibility for actions of third parties or for content provided by others, including without limitation User Content.

USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT AND ACCESS TO THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER PBCI, THE SITE, NOR ANY OF THE PBCI AND/OR SITE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS, OPERATORS, OR LICENSORS, MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE, THE AVAILABILITY OF THE SITE OR THE CONTENT THEREON, AND/OR THE RESULTS THAT MAY (OR MAY NOT) BE OBTAINED FROM ACCESS OR USE OF THE SITE OR THE CONTENT. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. THE SITE, PBCI AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS, OPERATORS, AND LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS OR MALWARE THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY. THE SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. NEITHER THE SITE NOR PBCI REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, PBCI AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS, OPERATORS, OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, PBCI AND/OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, CONTENT PROVIDERS OR LICENSORS SHALL NOT BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF THE LESSER OF $100 OR THE AMOUNT YOU PAID TO USE THE SITE. THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.

Indemnity. You agree to indemnify, defend and hold harmless the Site and PBCI, as well as each of their respective parent companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, members, employees, representatives, contractors and agents, and sub-licensees from any and all claims (including but not limited to claims for defamation, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) in any and all jurisdictions arising from or relating to any allegation regarding: (1) your use of the Site; (2) the Site’s and/or PBCI’s use of any User Content or information you provide; (3) information or material Provided through your registration account, even if not posted by you; and (4) any violation of these Terms by you. International Users. The Site is controlled, operated and administered by PBCI or its designees from offices within the United States. The Site and PBCI make no representation that materials or Site Content available through the Site are appropriate or available for use outside the United States. Access to the Site is prohibited from territories where the Site Content is illegal. You may not use the Site or export the Site Content and/or User Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws.

Modifying These Terms. The Site and PBCI reserve the right to change these Terms at any time in their respective discretion and to notify users of any such changes solely by changing the Effective Date of these Terms. The most current version of these Terms will supersede all previous versions. Your continued use of the Site after the posting of any amended Terms shall constitute your agreement to be bound by any such changes. All changes are effective immediately when posted and apply to all access to and use of the Site afterward. However, any changes to “Legal Disputes” will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site.

Discontinuation of Service. The Site may modify, suspend, discontinue or restrict the use of any portion of the Site, including the availability of any portion of the Site Content at any time, without notice or liability. The Site may deny access to any registered member or other user at any time for any reason, or no reason at all, in our sole discretion. In addition, the Site or PBCI may at any time transfer rights and obligations under these Terms to any PBCI affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires PBCI, the Site or any of their respective assets.

Statute of Limitations. You agree to file any claim regarding any aspect of this Site or these Terms within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim. This statute of limitations provision does not apply to residents of New Jersey.

Disputes. You may contact [email protected] to address any concerns you may have regarding the Site. We will attempt to resolve concerns quickly to our customers’ satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with PBCI and good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration. For any dispute that is not subject to binding arbitration or otherwise as set forth in these Terms, you and PBCI agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Los Angeles County, California. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. These Terms and the relationship between you and the Site shall be governed by the laws of the State of California without regard to conflicts of law provisions.

Force Majeure. The failure of the Site or PBCI to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Site or PBCI (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms. Severability. If for any reason any provision of these Terms is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of these Terms shall continue in full force and effect.

No Waiver. Any failure of the Site to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

No Third-Party Beneficiaries. You agree, except as expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. Section Titles. The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect. Termination. In the event of termination of these Terms for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Site Content, the license(s) you have granted to the Site, the Disputes provisions, and all other provisions for which survival is equitable or appropriate.

Conflicts. In the case of a conflict between these Terms and the terms of any electronic or machine readable statement or policy (other than the Terms of Use for the Playboy Club Creator Platform, which shall govern any use of the Playboy Club Creator Platform), these Terms shall control. In case of a conflict between these Terms and our Privacy Policy, the Privacy Policy controls.

No Joint Venture, Partnership, or Agency Relationship. No joint venture, partnership or agency relationship exists between you and the Site. These Terms, our Privacy Policy, any uses of the Site by you, and any information, products, or services provided by the Site to you do not create and shall not be construed to create a joint venture, partnership or agency relationship between you and the Site or PBCI.

Material Terms. You agree that the provisions of these Terms that limit liability and disclaim warranties are essential terms of these Terms of Use. Entire Agreement. These Terms constitute the entire agreement between you and the Site and supersede all prior or contemporaneous understandings regarding such subject matter, with the exception of the Terms of Use for the Playboy Club Creator Platform, which shall govern any use of the Playboy Club Creator Platform. No amendment to or modification of these Terms will be binding unless made in writing and signed by PBCI. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, these Terms shall govern, with the exception of the Terms of Use for the Playboy Club Creator Platform, which shall govern any use of the Playboy Club Creator Platform.


PART 2: TERMS OF USE FOR THE PLAYBOY CLUB CREATOR PLATFORM

Table of Contents

  1. TERMS OF USE FOR ALL USERS
  2. ACCEPTABLE USE POLICY
  3. ADDITIONAL TERMS OF USE FOR MEMBERS
  4. ADDITIONAL TERMS OF USE FOR CREATORS

1. TERMS OF USE FOR ALL USERS

Last Updated: April 24, 2024

These Terms of Use for All Users (these “Terms” or “Terms of Use for All Users”) constitute an agreement between you (“you,” “your” or the “user”) and Playboy. By accessing our online Playboy Club creator platform (the “Platform”), you signify that you have read, understand, and agree to be bound by these Terms. The Platform may be accessible via websites or applications, whether owned and/or operated by us or third parties, including without limitation, through https://www.centerfold.com, https://www.playboy.com, and their related apps. Please read these Terms carefully. You should print a copy of these Terms for your records.

Your Information and Disclosure to Third Parties

Playboy’s Privacy Policy is incorporated by reference in these Terms. Any personal information collected through the Platform will be treated in accordance with the Platform’s Privacy Policy. By using the Platform, you consent to the terms of the Privacy Policy.

**Mobile Devices and Mobile Applications **

If you use a mobile device to access the Platform optimized for mobile-viewing or use a mobile application, the following additional terms and conditions (“Mobile Terms”) also apply to you. Your access to the Platform via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms.

You understand that wireless service through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Platform or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.

Definitions

Eligibility and Account Registration

To use the Platform, you must first register and create an account on the Platform. You must provide a valid and verified email address.

To register and open an account on the Platform for any purpose:

You will be required to verify the above information at the time you register and create an account and at any other time that the Platform determines is appropriate to verify this information. If you do not meet the above requirements, you may not access, open an account, or otherwise use the Platform in any manner whatsoever. No person may register and create an account for another person with the intent to subvert these requirements.

Your Obligations

When you register and create an account on the Platform and/or use the Platform in any way, you make the following commitments to us:

Our Rights

We reserve the right to moderate, review, and approve any of your Content to verify compliance with these Terms of Use, including the Acceptable Use Policy contained in these Terms, Community & Content Guidelines, and/or any law of any applicable jurisdiction.

We will take down from the Platform (temporarily or permanently) and/or suspend access to any Content you post on the Platform if it does not appear to comply with these Terms of Use, including the Acceptable Use Policy, Community & Content Guidelines, and/or the law of any applicable jurisdiction while we investigate the suspected non-compliance or unlawfulness of the Content. You agree that you will promptly provide to us all reasonable assistance in our investigation, including providing documents in response to our requests, and will be responsible for any associated costs. We are not responsible for any loss suffered by you arising from the removal of Content or suspension of access to your Content as we investigate any suspected non-compliance or unlawfulness of Content under this section. If we take down and/or suspend access to any Content, we may notify you, but we are not obligated to give you prior notice of removal or suspended access.

Following our investigation of the suspected non-compliance or unlawfulness of the Content, we will take any action we consider appropriate, including restoring the Content and/or permitting access to the Content if it in fact complies with the Terms of Use and other applicable rules and laws, or to permanently remove or disable access to the Content without obtaining any consent from you and without giving you prior notice.

If we take down, temporarily or permanently, and/or suspend access, to any of your Content, you may request a review of our decision by contacting Customer Support.

We reserve the right in our sole discretion to immediately terminate or suspend access to your account for any reason, and to terminate or suspend your access to any portion, aspect or feature of the Platform, including, without limitation, access to profiles of one or more Creators.

We can also terminate or suspend access to your account immediately and without notice:

During and at the conclusion of any investigation of non-compliance or unlawfulness of any Content and/or termination or suspension of your account, we will handle the Content at issue in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you may no longer have access to your Content.

We will investigate any suspected or alleged fraud or misuse, abuse, or unlawful use of the Platform and cooperate with law enforcement and/or any other appropriate governmental or nongovernmental agency in such an investigation. We may disclose any information or records in our possession or control about your use of the Platform to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, or in response to a court order.

We may change the third-party payment provider(s) that we use and if we do so, we will notify you.

Other than Content that is owned by or licensed to Creators, all rights in and to the Platform and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws. Playboy and its affiliates shall also retain ownership of, and you will not acquire any right, title or interest in, all trademarks, logos, designs, copyrights, trade names and all other intellectual property rights which Playboy or its affiliates owns or has rights to.

We are the sole and exclusive owners of any and all de-identified and anonymized data relating to your use of the Platform and such de-identified and anonymized data can be used by us for any purpose, including for commercial, development and research purposes.

Please note the following qualifications:

Termination and Suspension

We may terminate or suspend your access to the Platform, delete your profile and any Content or information, or prohibit you from using or accessing the Platform (or any portion, aspect or feature of the Platform, including, without limitation, access to profiles of one or more Creators) if you violate these Terms of Use, including the Acceptable Use Policy, immediately and without notice, which may result in the forfeiture and destruction of all information associated with your account and Content in connection with the Platform. Your account and account information may also be deleted if you do not access or use your account for a period of time longer than 60 days or due to failures or outages from third-party applications or services that the Platform relies on to store information. If you wish to terminate your account, you may do so by following the instructions on the Platform. In the event of termination, you will still be bound by your obligations under these Terms of Use, including the Acceptable Use Policy.

Intellectual Property

You confirm that you own all intellectual property rights (examples of which include copyright and trademarks) in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses of your Content to us and to other users.

You agree to grant us a license under all your Content to perform any act not restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of the Platform. Some, but not all, examples of such acts include: to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, or use your Content for marketing purposes related to the Platform.

The license you grant to us above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that (a) the license will continue even after your agreement with us ends and you stop using the Platform, (b) we do not have to pay you for the license or any use of the Content, and (c) we may grant a sub-license of your Content to someone else or assign or transfer the license of your Content to someone else. This license will allow us, for example, to add stickers, text, and watermarks to your Content, to make your Content available to other users of the Platform, as well as to use your Content for marketing and other normal operations of the Platform.

While we do not own your Content, you grant us the limited right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content. Although we are under no obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your Content. You agree that if we request, you will provide us with all consents and other information necessary for us to submit notifications of infringement on your behalf.

You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on the Platform. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or your right to prevent your Content from being copied without your permission. The waiver is intended to allow us, when dealing with your Content (as permitted by the license which you give us), to add watermarks, stickers or text to your Content.

Copyright Infringement. If you believe that any Content infringes your copyright, please see our DMCA Policy for instructions on sending us a notice of copyright infringement. It is Playboy’s policy to terminate the user accounts of repeat infringers.

Complaint Process

This process allows any user of the Platform to report any Content that may be illegal or otherwise be in violation of these Terms of Use or the Acceptable Use Policy (“Offending Content”).

Please notify us immediately upon becoming aware of any misconduct or misbehavior by any individuals or entities on the Platform and/or any suspected unlawful or other Offending Content by sending an email to: [email protected]. We will review that Content and take appropriate action within seven (7) days, which action may include quarantining or deleting offending Content, terminating/disabling user accounts, and/or reporting the matter to law enforcement and/or organizations such as the National Center for Missing & Exploited Children (https://www.missingkids.org/home), Child Welfare Information Gateway (https://www.childwelfare.gov), or other groups as we deem necessary.

Violations of these Terms of Use or the Acceptable Use Policy may lead to your account being suspended or terminated, and access to your earnings being revoked, as set out in the Term of Service.

Linking to the Platform

You may link to the Platform homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

If you are a Creator, when promoting your Creator account you must comply with our Terms of Use and the terms of service of any other website where you place a link to or otherwise promote your Creator account. When promoting your Creator account, you must not impersonate the Platform or give the impression that your Creator account is being promoted by us if this is not the case.

Links to Other Websites and Services

The Platform may contain links to outside services and resources, the availability and content of which we do not control. We are not responsible for examining or evaluating, and we do not warrant the offering of these services and resources or the content of these websites. We do not assume any responsibility or liability for the actions, products, and content of these and any other websites, including the collection or storing of personal information. Any concerns regarding any such services or resources should be directed to the service or resource.

System Outages, Slowdowns, and Capacity Limitations

At times you may experience difficulty accessing the Platform or communicating with the Platform through the Internet, or other electronic wireless services, as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider, or ours, can experience unanticipated outages or slowdowns or have capacity limitations. We are not responsible for failure or delay of performance caused by such problems.

Security

We make no warranty whatsoever to you, express or implied, regarding the security of the Platform, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Platform. You acknowledge and agree that you are solely responsible for maintaining the security of your devices and the confidentiality of your account login information and for all activities that occur under your account. We are not responsible for any losses resulting from the loss or theft of your device, the loss or theft of your information transmitted from or stored on your devices, or any losses arising from the use of your device by someone to whom you have given access. You are required to immediately notify us of any unauthorized use of the Platform by using the contact information in the “Contact Us” section below.

To protect the security of your information, the Platform may require you to authenticate your identity (i.e., prove that you are who you say you are) when you use the Platform. We reserve the right (but have no obligation) to monitor your use of the Platform and to investigate and/or take appropriate action against you if you violate these Terms or applicable laws.

Severability/No Waiver

If any provision of these Terms is found unlawful, void, or unenforceable for any reason, then such provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Our failure to insist upon or enforce the strict performance of any provision of these Terms or the additional terms and conditions for any product or service does not constitute a waiver of our right to subsequently enforce that provision or any other provisions of these Terms or the additional terms and conditions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THE PLATFORM, OR FROM YOUR USE OF OR INABILITY TO USE THIS PLATFORM; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PLAYBOY, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FOR ANY CLAIM, COST, DAMAGE, OR LOSS (COLLECTIVELY “CLAIMS”) ARISING OUT OF OR RELATING TO THE PLATFORM, INCLUDING FOR ANY WARRANTIES THAT MAY NOT BE EXCLUDED SHALL NOT EXCEED THE FOLLOWING:

YOU AND PLAYBOY AGREE THE FOREGOING LIABILITY CAP SHALL INCLUDE ALL FORMS OF DAMAGES.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Disclaimers

THE PLATFORM IS PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PLAYBOY MAKES NO WARRANTY THAT (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (B) THAT OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (C) THE CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE. PLAYBOY UNDERTAKES NO OBLIGATION TO UPDATE THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLAYBOY, OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY REGARDING THE PLATFORM NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE PLATFORM AND ITS CONTENT AND DATA MAY BE PROVIDED BY PLAYBOY FROM TIME TO TIME WITHIN THE PLATFORM.

WE DO NOT WARRANT THAT THE PLATFORM WILL OPERATE ERROR-FREE OR THAT THE PLATFORM AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE PLATFORM, THE MATERIAL, OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.

Indemnification

You will defend, indemnify, and hold us harmless from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to your conduct with respect to the Platform or violation (or alleged violation) of these Terms. Under no circumstance will we be liable for damages of any kind that result from your use of, or the inability to use, the Platform.

Changes

You are responsible for reviewing these Terms regularly. We may revise and update these Terms on one or more occasions. Revisions to these Terms or our policies may be provided through the Platform, including by posting the revisions on the Platform and updating the “Last Updated” date. The Platform will require you to review and agree to the amended Terms before you can continue to use the Platform. All changes are effective immediately when posted and apply to all access to and use of the Platform afterward. However, any changes to “Legal Disputes” will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Platform.

Miscellaneous Provisions

Certain other terms or policies that form these Terms may also apply to users, including without limitation the following:

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

We may assign our rights and duties under these Terms to any person or entity at any time without notice to you.

California law governs all adversarial proceedings arising out of these Terms of Use or access or use of the Platform. This agreement’s predominant purpose is providing services and licensing access to intellectual property and not a “sale of goods.” The United Nations Convention on Contracts for the International Sale of Goods will not govern this agreement, the application of which is expressly excluded.

Contact Us

If you have any questions regarding the Platform, please feel free to send us an email at [email protected] .

If you have information that any person using the Platform has or is currently violating the Terms of Use, including the Acceptable Use Policy, please contact [email protected] immediately. Please include any information in your possession about the nature of the violation, the date of the violation, and the person who committed the violation.

2. ACCEPTABLE USE POLICY

BY USING THE PLATFORM, YOU AGREE TO THIS POLICY – PLEASE READ IT CAREFULLY

This policy applies to your use of the Platform and all Content on the Platform and forms part of your agreement with us. Certain relevant terms have the same meanings as in our Terms of Use for All Users. This policy expressly incorporates our Community & Content Guidelines.

By using the Platform, you agree to the following:

  1. You will not use the Platform except for your own personal use and will not sell, rent, transfer, or share your account or any Content obtained from the Platform with anyone else.

  2. You will only use the Platform in a manner and for a purpose that is lawful.

  3. You will not upload, post, display, exchange, or publish Content on the Platform that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, or that encourages or promotes violence or any illegal activity.

  4. You will not use the Platform in any way that may exploit, harm, or attempt to exploit or harm any individual under 18 years old, for example, by exposing them to inappropriate Content.

  5. You will not upload, post, display, exchange, or publish in any manner an image, video, or any form of media whatsoever that (a) shows an individual under the age of 18 or (b) you have reason to believe contains an individual under the age of 18, in each case regardless of the content of the image, video, or other form of media.

  6. You are over the age of 18. You will not use the Platform to seek, solicit, or communicate with anyone who is under the age 18 or you have reason to believe is under the age of 18. You will not open an account or upload, post, display, or exchange Content on your own account for a person under 18 or with reason to believe that the person is under the age of 18.

  7. You will not use the Platform to communicate with an adult for the purpose of meeting or communicating with an individual under the age of 18. You will not seek or solicit information about any individual under the age of 18 or you have reason to believe is under the age of 18.

  8. Except as permitted by Section 10(c) of this Acceptable Use Policy, each Member may only post Content depicting themself (i.e., no Member may post Content showing any other individuals; we do not allow photographer accounts).

  9. With respect to non-explicit Content, you may not post images, videos, or any other form of media on the Platform or use another person’s name or image unless you have written documentation reflecting the informed consent of that person. You must also have written verification that the person is over 18 years old. Consent must be voluntarily given and you will not use any form of coercion or misrepresentations to obtain consent. To the extent you seek to post an item more than once, you must obtain consent for every instance of posting or use.

  10. Explicit Content:

    • a) Other People: You must not post any Explicit Content of another person of any age under any circumstance.
    • b) One Creator: Only individuals can be Creators. If you post Explicit Content on your Creator account, you must be alone in the Content. Your Content must not include or show another person or any part of another person (even if the second person cannot be identified from the Content).
    • c) Multiple Creators: Multiple Creators together may post only safe-for-work Content. No Explicit Content is permitted.
    • d) Posted Only Behind Paywalls: Creators may not post Explicit Content in public spaces on the Platform. Creators must keep Explicit Content behind subscription or messaging areas (e.g., as premium content, either as a paid unlock (on the profile or within messaging) or free to subscribers or paying fans only). All public spaces on the Platform (meaning profile pictures, membership tier descriptions, page banners, etc.) must show only safe-for-work Content.
  11. You will not show, promote, advertise, or refer to the following types of Explicit Content in your Content:

  1. You will not upload, post, display, exchange, or publish unsolicited Explicit Content or use language that sexually objectifies another user or anyone else in a non-consensual way or contains fake or manipulated sexual Content in relation to another user or anyone else (including “deepfakes”).
  2. AI Content
  1. You will not use, promote, or advertise hate speech (language intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic) or incite terrorism.
  2. You will not use or refer to anyone else's personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for the Platform including passwords and security questions, financial information including bank account and credit card details, biometric data, and medical records) without that person's express written consent.
  3. You will not provide your telephone number, e-mail address, physical address, or other personal identifying information for yourself or another person on the Platform. You will not seek or solicit this information from anyone else on the Platform.
  4. You will not use the Platform to meet or solicit other individuals for the purpose of engaging in transactions outside the Platform or meeting in person with any Creator or Member that you met on the Platform.
  5. You will not provide off-Platform payment information or seek or solicit payment off-Platform (e.g., via CashApp, Venmo or Paypal) for transactions effected on the Platform.
  6. You will not upload, post, display, exchange, or publish Content featuring public nudity if the location where it was recorded or was/is being broadcast is from a country, State, province, or any location where public nudity is illegal.
  7. You will not upload, post, display, exchange, or publish Content featuring marijuana use if the location where it was recorded or was/is being broadcast is from a country, State, province, or any location where marijuana is illegal.
  8. You will not upload, post, display, exchange, or publish Content featuring conduct recorded at a place where the participants of the recording have a reasonable expectation of privacy (including outdoor places where members of the public are not present, private property such as a private backyard, and/or secluded areas in nature where members of the public are not present) and the participants have not explicitly consented to the recording and publication of the Content.
  9. You will not upload, post, display, exchange, or publish Content that improperly gives the impression that it comes from or is approved, licensed, or endorsed by us or any other person or company.
  10. You will not upload, post, display, exchange, or publish Content that causes or is calculated to cause inconvenience or anxiety to anyone else or that is likely to upset, embarrass, or seriously offend anyone else.
  11. You will not upload, post, display, exchange, or publish Content that can be used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content.
  12. You will not upload, post, display, exchange, or publish Content that involves or promotes third party commercial activities or sales, such as contests, sweepstakes, and other sales promotions, product placements, advertising, links to third party sites, or job posting or employment ads without our prior express consent.
  13. You will not use the Platform to stalk, bully, abuse, harass, threaten, or intimidate anyone else.
  14. You will not use the Platform to engage in fraud or misleading or deceptive conduct or conduct that is likely to mislead or deceive any other user.
  15. You will respect the intellectual property rights of Creators, including by not recording, reproducing, sharing, communicating to the public or otherwise distributing their Content without authorization.
  16. You will not do anything that violates our or someone else's rights, including intellectual property rights (examples of which are copyright, trademarks, confidential information, and goodwill), personality rights, unfair competition, privacy, and data protection rights.
  17. You will not impersonate us, one of our employees, another user, or any other person or company or falsely state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or company.
  18. You will not provide false account registration information or make unauthorized use of anyone else's information or Content or payment information.
  19. You will not post or cause to be posted any Content which is spam, which has the intention or effect of artificially increasing any Creator's views or interactions, or which is otherwise inauthentic, repetitive, misleading, and/or low quality.
  20. You will not transmit, stream, or otherwise send any pre-recorded audio or video material during a live stream or otherwise attempt to pass off recorded material as a live stream.
  21. You will not use other media or methods (for example the use of codewords or signals) to communicate anything that violates the Terms of Use, including but not limited to the Acceptable Use Policy.
  22. You will not download, copy or screenshot, or attempt to download, copy or screenshot, any content from the Platform.
  23. You will not reproduce, print, distribute, modify, create derivative works of, publicly display, publicly perform, republish, store or transmit any Content, except as permitted under the Terms of Use, including but not limited to the Acceptable Use Policy.
  24. You will not knowingly introduce any viruses, trojans, worms, logic bombs or other material into Content which is or may be malicious or technologically harmful.
  25. You will not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of the Platform.
  26. You will not use the Platform in a way that could adversely affect our systems or security or interfere with any other user’s use of the Platform, including their ability to engage in real time activities through the Platform.
  27. You will not use any automated program, tool or process (such as web crawlers, robots, bots spiders, and automated scripts) to access the Platform or any server, network or system associated with the Platform, or to extract, scrape, collect, harvest or gather Content or information from the Platform.
  28. You will not use the Platform's name, logo or any related or similar names, logos, product and service names, designs, or slogans other than in the limited ways which are expressly permitted in the Terms of Use or with our prior written agreement.

Definitions

WARNING: PLAYBOY HAS NO TOLERANCE FOR ANY VIOLATION OF THE ABOVE RULES, NOR ANY USE OR INTERACTION WITH THE SITE THAT MAY PERMIT OR ALLOW THE UPLOADING OR SHARING OF ANY CONTENT THAT MAY BE THE RESULT OF OR RELATE TO HUMAN TRAFFICKING, PHYSICAL ABUSE, OR THE EXPLOITATION OF CHILDREN. ANY SUCH VIOLATIONS OR UNLAWFUL CONTENT WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES AND/OR APPROPRIATE CHILD PROTECTION AGENCIES.

3. ADDITIONAL TERMS OF USE FOR MEMBERS

Last Updated: December 13, 2023

In addition to the Terms of Use for All Users, including the Acceptable Use Policy, if you are a user and a Member of the Platform, you agree the following terms (the “Terms of Use for Members”):

Adult Material

You acknowledge that you are aware that some of the Content on the Platform contains Explicit Content, and you agree to take this into account when deciding whether to access the Content, how to access the Content, and where to access and/or view Content. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing Content in a way that causes you to breach any contract you have with a third party (for example, your employment contract) or violate any applicable law.

Subscriptions and Purchases by Members

This section describes the terms that apply to communications and transactions between Members and Creators:

  1. All transactions and interactions facilitated by the Platform are contracts between Members and Creators. Although we facilitate transactions and interactions between Members and Creators by providing the Platform, we are not a party to any contract that may exist between a Member and Creator and are not responsible for any transactions or interactions between Members and Creators. Creators are solely responsible for the content of any interactions or messages with Members.
  2. You will not provide your telephone number, e-mail address, physical address, or other personal identifying information for yourself or another person on the Platform. You will not seek or solicit this information from anyone else on the Platform. You will not use the Platform to meet other individuals for the purpose of engaging in transactions outside the Platform or meeting in person with any user, Member, or Creator that you met on the Platform.
  3. Creators are solely responsible for determining (within the parameters for pricing on the Platform) the pricing applicable to transactions and interactions and the Content to which you may be given access. All prices appear in USD only.
  4. The amounts paid by Member to Creators via the Platform (“Member Payments”) are exclusive of any transactional taxes. Transactional taxes, such as sales tax, excise tax, and value added tax might be applicable to Member Payment depending on the type of Creator Content purchased and the Member’s location.
  5. To view a Creator's Content, you must first add a payment card to your account and then click the “Subscribe” button on the relevant Creator's profile.
  6. You authorize us to supply your payment card details to a third-party payment provider for the purpose of processing your Member Payment. All Member Payments will be charged in USD. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank, and we are not responsible for paying any charges or fees imposed by your payment card provider or bank.
  7. You authorize us to charge any payment method associated to your account in case your primary payment method is declined or no longer available to us for payment of your Member Payments. If you choose to provide details of two or more payment cards, then if you try to make a Member Payment from the first card and the card is rejected for any reason, then the other payment card will be used to collect the full Member Payment. Following any update of your payment method(s), you authorize us to continue to charge the applicable payment method(s) going forward.
  8. The payment provider will take (i) automatic monthly (or other disclosed duration period) recurring payments from your payment card for Member Payments which are Subscriptions; and (ii) immediate payments from your payment card for ad hoc Member Payments. You authorize and consent to each of these payments being debited using your supplied payment card details. The length of your billing cycle for Member Payments which are Subscriptions will depend on the type of Subscription that you choose. Member Payments which are Subscriptions are fully earned upon payment. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your Subscription, we may suspend your access to the Subscription until we have successfully charged a valid payment method.
  9. You can prepay an amount on the Platform into a digital wallet (known as "Platform Credits") which you can later use to make purchases on the Platform. Purchases on the Platform cannot be divided - if you attempt a purchase that costs more than the total amount of your remaining Platform Credits, your payment card will be charged the full amount for that purchase. Platform Credits are subject to a maximum amount as determined by us from time to time, subject to applicable law. Interest will not accrue on Platform Credits. Subject to applicable law, Platform Credits are non-refundable, which means that you are not entitled to a refund of any unused Platform Credits.
  10. Apart from free-trial Subscriptions, all Subscriptions to a Creator's profile will automatically renew at the applicable monthly (or other disclosed duration period) recurring fee set by the Creator at the end of the applicable Subscription period, except if your payment card was declined, or you cancel as follows:
    • At any time, you may cancel your Subscription to any Creator’s profile by turning off the “Auto-Renew” switch located on the relevant Creator's profile. If you need assistance with canceling your Subscription, please contact Customer Support.
    • If you do not cancel your Subscription in the manner stated above, then your Subscription to a Creator's profile will continue and your payment card will be charged at the same monthly (or other disclosed duration period) recurring fee set by the Creator.

You must cancel your Subscription before it renews in order to avoid billing of the subscription fees for the next billing cycle to your payment method.

  1. If you cancel a Subscription you will continue to be permitted to view the relevant Creator's Content until the end of the applicable Subscription period in which you canceled, after which no further payments will be taken from your payment card in respect of Subscriptions to that Creator's profile, and you will no longer be able to view the relevant Creator's Content. If you cancel your Subscription, your Subscription will automatically end at the end of your current billing period.
  2. Our policy is not to provide refunds, and there are no refunds or credits for partially used subscription periods though we may allow for some exceptions where refunds are granted at our sole discretion based on the circumstances. Please be aware that asking for a refund does not guarantee that it will be approved. Playboy will review your refund request, and you will receive notice of whether the refund is denied or approved. Once a refund is issued, it can take up to 3-7 business days to process. Any refunds provided by Playboy shall be issued in the form of Platform Credits issued to the digital wallet in your Platform account. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
  3. Any purchase of the right to view Creator Content which is subsequently successfully subject to a refund or chargeback, or is determined to have resulted from fraudulent activity, may result in the refunded amount, in Playboy’s sole discretion, being removed from the earning Creator's income. The Creator may be alerted to the Member refund, chargeback or fraud. Playboy reserves the right to delete or suspend a Member account, if it determines the refund or chargeback request was made in bad faith.

Suspension of Your Account

If we suspend your account for any reason, any Member Payments that would otherwise have been due during the period of suspension of your account will also be suspended during the period of the suspension of your account.

4. ADDITIONAL TERMS OF USE FOR CREATORS

Last Updated: April 24, 2024

In addition to the Terms of Use for All Users and the Terms of Use for Members, including the Acceptable Use Policy, if you are a user acting as a Creator, you additionally agree the following terms (the “Terms of Use for Creators”):

Creator Account

To set up a Creator account, you must provide us with a valid email address. You must provide your legal name and any aliases or other names you have ever been known by (AKAs/maiden name if applicable) and upload a valid form of ID and two photos of you. You must provide the following:

Please note the following requirements for any uploaded image:

You will need to add your bank account details to our payment vendor once your Creator account is approved. You may also need to submit additional information depending on the country where you live. You must be over 18 years of age to be a Creator. We may ask you for additional age or identity verification information at any time. You may not open an account for a person under the age of 18 or have reason to believe is under the age of 18. It is a condition of your use of the Platform that all the information you provide is correct, current, and complete.

We will also ask you to set up a profile photo (or “avatar”) and cover photo when you set up your Creator account. Your avatar and cover photo must each show a photograph of your face and be SFW. We do not allow animated or CGI avatars.

Once you have set up your Creator account, if you want to charge subscribers to your profile an automatic monthly (or other disclosed duration) recurring fee, Playboy will set and clearly disclose this Subscription fee upfront to your potential subscribers. Upon prior notice to Playboy, Creators may decrease or increase their Subscription fee, and Playboy will notify subscribers of any change, if applicable, no less than between seven (7) or thirty (30) days (as applicable to the duration of the Subscription period) prior to date on which the changed Subscription fee will take effect. As part of this notice provided to subscribers, Playboy will also inform subscribers that if they do not wish to be billed in the amount of the increased Subscription fee, then subscribers may cancel by turning off the “Auto-Renew” switch located on the Creator's profile.

By setting up your Creator account and beginning to post Content, you expressly agree that we may pull public facing content (i.e., content that is not private or behind a paywall) from your public facing Creator Content (as that term is defined in the section entitled “Creator Content” below) to promote your Creator account on the Platform via Playboy’s various social media channels (including, without limitation, Playboy’s Instagram and TikTok accounts). In addition, from time to time we may request, and you may share with us (via e-mail, direct message or Playboy-provided link), Content for us to use in the promotion of the Platform and/or your Creator account via Playboy’s various social media channels (“Submitted Content”). You must either own your Submitted Content (and all intellectual property rights in it) or have a valid license to offer and supply your Submitted Content to us. You hereby grant us a royalty-free, worldwide license under your Submitted Content to perform any act not restricted by any intellectual property right (including copyright) in such Submitted Content, for any purpose reasonably related to the promotion of the Platform and your Creator account. Some, but not all, examples of such acts include: to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Submitted Content, or use your Submitted Content for marketing purposes related to the Platform.

This section describes the terms that apply to transactions and interactions between Members and Creators:

  1. All transactions and interactions facilitated by the Platform are contracts between Members and Creators. Although we facilitate transactions and interactions between Members and Creators by providing the Platform, we are not a party to any contract that may exist between a Member and Creator and are not responsible for any transactions or interactions between Members and Creators.
  2. You will not provide your telephone number, e-mail address, physical address, or other personal identifying information for yourself or another person on the Platform. You will not seek or solicit this information from anyone else on the Platform. You will not use the Platform to meet other individuals for the purpose of engaging in transactions outside the Platform or meeting in person with any non-Creator user or Member that you met on the Platform.
  3. Creators are solely responsible for determining (within the parameters for pricing on the Platform) the pricing applicable to transactions and interactions and the content to which they provide access. All prices appear in USD only.
  4. Member Payments are exclusive of transactional taxes. Transactional taxes, such as sales tax, excise tax, and value added tax might be applicable to Member Payment depending on the type of Creator Content purchased and the Member’s location.
  5. Our policy is not to provide refunds, though we may allow for some exceptions where refunds are granted at our sole discretion based on the circumstances. Any refunds provided by us shall be issued in the form of Platform Credits issued to the digital wallet in your Platform account. Any purchase of the right to view Creator Content that is subsequently successfully subject to a refund or chargeback, or is determined to have resulted from fraudulent activity, may result in the refunded amount, in Playboy’s sole discretion, being removed from the earning Creator's income. The Creator may be alerted to the Member refund, chargeback or fraud. Playboy reserves the right to delete or suspend a Member account, if it determines the refund or chargeback request was made in bad faith.
  6. Any purchase of the right to view Content or to use Member Interaction that is determined to have resulted from fraudulent activity may result in the user’s account being immediately and permanently excluded from Playboy. The fraudulent payment amount may, in Playboy’s sole discretion, be removed from the earning Creator's income.

Creator Content

In addition to the terms set out elsewhere in the Terms of Use, including but not limited to the Acceptable Use Policy, the following terms apply to the Content posted, displayed, uploaded, or published by you as a Creator on the Platform (“Creator Content” or “Creator’s Content”):

  1. Your Content is not confidential, and you authorize your Members to access and view your Content on the Platform for their own lawful and personal use, and in accordance with any licenses that you grant to your Members.

  2. You warrant that for each item of Content that you post, display, upload, or publish on the Platform:

    • the Content complies in full with the Terms of Use (and in particular our Acceptable Use Policy);
    • you hold all rights necessary to use your Content on the Platform;
    • you either own your Content (and all intellectual property rights in it) or have a valid license to offer and supply your Content to your Members;
    • if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on the Platform; and
    • the Content is: (i) of satisfactory quality, taking account of any description of the Content, the price, and all other relevant circumstances including any statement or representation which you make about the nature of the Content on your account or in any advertising; and (ii) as described by you.
  3. You agree that you will be liable to us and indemnify us if any of the foregoing warranties are untrue.

  4. Personal legal responsibility of Creators: Only individuals can be Creators. Every Creator is bound personally by these Terms of Use. If you have an agent, agency, management company or other third party which assists you with the operation of your Creator account, this does not affect your personal legal responsibility. Our relationship is with you, and not with any third party, and you will be legally responsible for ensuring that all

  5. Content posted and all use of your account complies with the Terms of Use and Acceptable Use Policy.

  6. We are not responsible for and do not endorse any aspect of any Content posted by you or any other user of the Platform. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.

  7. You also agree to act as custodian of records for 18 U.S.C. § 2257 purposes for the Content that you upload to the Platform.

Co-Authored Content

A Creator is allowed to upload Content with other person(s) (“Co-Authored Content”) only if the Content is safe-for-work.

If you upload Co-Authored Content, you warrant (which means you make a legally enforceable promise to us) that you have obtained and keep on record written consent from each individual shown in your Co-Authored Content that such individual:

If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on Centerfold.com or Playboy.com.

You agree that we will only arrange for Creator Earnings to be paid to the account of the Creator to which the Co-Authored Content is uploaded. The Creator who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between themselves and the second Creator shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between you and such other individual(s), and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Creator Earnings earned on any Co-Authored Content in which you appear, but which is posted on another Creator’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals who appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, or if the second Creator in your uploaded Co-Authored Content disputes or flags your Content due to invalid permissions, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Creator, notify and log the violation in your account which can lead to termination of your account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.

You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Creator(s) who posted Co-Authored Content or the individual(s) who appeared in the Co-Authored Content (as applicable).

Creator Earnings; Platform Fee

All Member Payments will be received by a third-party payment provider approved by us. Out of the Member Payments:

Our third-party payment provider will pay the Creator Earnings to your bank account. We do not store any data disclosed by you when you register your payout options with a third-party payment provider.

In order to open a Creator account on the Platform and be eligible to receive Creator Earnings, (i) you must not be barred from accessing and/or using our Platform under any laws (whether in the United States, the country of your residence, or otherwise) that apply to you or the operation of the Platform, and (ii) you must be eligible to open an account with and receive payments from the third-party payment provider approved by us.

We may withhold all or any part of the Creator Earnings due to you but not yet paid out if:

If following our investigation we conclude that (i) you have breached any part of the Terms of Use, including the Acceptable Use Policy; (ii) you have attempted or threatened to breach any part of the Terms of Use, including the Acceptable Use Policy, in a way that has or could have serious consequences for us or another user, Member, or Creator; or (iii) the Creator Earnings result from unlawful or fraudulent activity, either by you or a user or Member who made the payment, we may notify you that the impacted Creator Earnings have been forfeited.

We shall not have any responsibility to you if we withhold or forfeit any of your Creator Earnings where we have a right to do so under these Terms of Use for Creators.

If we are withholding all or any part of your Creator Earnings and we determine that part of the Creator Earnings withheld is unrelated to breaches by you of the Terms of Use or suspected unlawful or fraudulent activity, then we may pay to you the part of the Creator Earnings that we determine is unrelated to breaches by you of the Terms of Use or suspected unlawful or fraudulent activity. We may also choose to pay Creator Earnings that are withheld as a result of a minor and inconsequential breach of the Terms of Use at our sole discretion. But you agree that if we believe your actual or threatened breaches of the Terms of Use has or may cause us financial loss, we may withhold Creator Earnings due to you but not yet paid and we may set off such amounts against any losses suffered or that may be suffered by us.

We may also withhold a portion of your Creator Earnings if we determine that we have overpaid you for any previous periods, with the amount withheld equal to the amount of the overpayment.

If we determine that Creator Earnings must be forfeited, we will use our best efforts to return any Member Payments that resulted in forfeited Creator Earnings to the relevant Members who made the Payments. In the event that your account is terminated (either by you or by us), there will be a 45-day hold on any payments due to you pursuant to the above provisions, in order to account for any refunds or chargebacks.

Tax Compliance

Playboy does not provide any tax advice to Creators. We recommend that all Creators seek professional advice to ensure you are compliant with your local income tax and any other rules, based on your individual circumstances.

By using the Platform as a Creator, you warrant that you have reported and will report in the future the receipt of all payments made to you in connection with your use of the Platform to the relevant Tax authority in your jurisdiction, as required by law.

You are responsible for your own Tax affairs and Playboy is not responsible or liable for any non-payment of Tax by Creators. We reserve the right to close your account if we are notified of or become aware of any Tax non-compliance by you.


PART 3: TERMS AND CONDITIONS OF CREATOR REFERRAL PROGRAM

Last Updated: May 8, 2024

Creator Referral Program

  1. A creator or other unaffiliated third party (for purposes of this program, an “Affiliate”) will have the opportunity to refer people who are interested in becoming creators to Playboy’s creator platform (the “Platform”). Affiliates agree that, when promoting Playboy, (a) they will not give a false impression of Playboy, the Platform, or Content made available through the Platform, its Users, or the Terms of Service; and (ii) they will not make any representations that suggest or guarantee to a potential Creator that the potential Creator will make a particular amount of money (or any money) from their use of the Platform, or any statements regarding the likely number of followers or subscribers. Employees and independent contractors of Playboy, as well as their immediate families (parents, siblings, children and spouses, regardless of where they live), and those persons living in the same household with such persons, whether related or not, are not Affiliates and are ineligible to participate in the Creator Referral Program or the Membership Referral Program set forth in Part 5 below.

  2. For each Creator on the Platform referred by an Affiliate and who initially applied after December 13, 2023 (an “Acquired Creator”), Playboy will pay the Affiliate a referral fee equal to five percent (5%) of net earnings of such Acquired Creator during the first twelve (12) months following the date of Acquired Creator’s application to the Platform (the “Initial Year”), up to a cap (per individual Acquired Creator) of $50,000 for the Initial Year.

“Net earnings” shall mean all amounts paid to the Acquired Creator as the “Creator Earnings” portion of the Member Payments (as those terms are defined in Part 2 of these Terms of Use above) via the Platform for their activity on the Platform, including subscriptions, unlocks and tips, less chargebacks and refunds, but not including referral or affiliate income that such creators may earn from such activities as referring other creators or selling memberships or tickets to events or appearance fees.

  1. For an Acquired Creator to be successfully added to an Affiliate’s referral program, the Acquired Creator must use the URL containing the Affiliate’s code (to be provided by Playboy) and register an account within 30 days of using said link. (Example link: playboy.com/app/creator-signup?r=AFFILIATE_CODE.) In order to ensure the referral is successful, the new Creator must register on the Platform using the same browser that they used to click the referral link (i.e., the referral link sets a cookie on the Creator's browser; if the Creator changes browsers before they apply, the cookie will not be set on the browser used to apply and the referral shall not be recognized). If a Creator (i) has previously registered as a Creator on Playboy (whether under the same name or another name), or (ii) registers with Playboy other than by using an Affiliate’s unique referral link, we will not link that account to the Affiliate’s referral and no referral payments will be made to the Affiliate. In no event shall Playboy be liable to add a Creator to a referral account if that Creator has not signed up via the correct referral link and in accordance with this provision.
  2. Only one Affiliate is eligible to earn a referral fee for a given Creator. If more than one Affiliate attempts to refer the same Creator, then the last referral link used by the Creator prior to application shall determine the Affiliate eligible to receive the referral fee. By way of example, if Affiliate A refers Creator X on January 1 and Affiliate B refers the same Creator on January 2, and, on January 3rd, Creator X registers on Playboy using Affiliate B’s referral code, then Affiliate B will be eligible to earn a referral fee on Creator X and Affiliate A will not. However, if Creator X uses Affiliate A’s referral code, and does not thereafter use Affiliate B’s referral code, then Affiliate A will be eligible to earn the referral fee on Creator X and Affiliate B will not.
  3. If an Affiliate is eligible to receive a referral fee under this program for a given month (an “Eligible Month”), then Playboy will deposit payment in the Affiliate’s Platform affiliate account at or around the beginning of the second month following the Eligible Month. By way of example, if an Affiliate earns a referral fee from an Acquired Creator’s Net Revenue for January, the Affiliate will receive a deposit for January’s referral fee on/around March 1.
  4. In order to open an account on the Platform and be eligible to receive referral fees under this program, (i) you must not be barred from accessing and/or using our Platform under any laws (whether in the United States, the country of your residence, or otherwise) that apply to you or the operation of the Platform, and (ii) you must be eligible to open an account with and receive payments from the third-party payment provider approved by us.
  5. Given the time delay for chargebacks and refunds, a Creator’s net earnings may be adjusted more than 30 days after the end of an Eligible Month, which could result in an overpayment to an Affiliate for that month. In the event of any overpayment, the amount of the overpayment shall be deducted from referral fees payable for following month(s).
  6. A Creator cannot refer their own account under the referral program and cannot receive referral payments based on revenue earned from their own Creator account.
  7. Playboy reserves the right to modify or discontinue this program at any time.

Playboy may withhold all or any part of the referral payments due to an Affiliate but not yet paid out if:

for as long as is necessary to investigate the actual, threatened, or suspected breach by the Affiliate or the suspected unlawful or fraudulent activity (as applicable).

If following our investigation we conclude that (i) an Affiliate has breached any part of the Terms of Use, including the Acceptable Use Policy; (ii) an Affiliate has attempted or threatened to breach any part of the Terms of Use, including the Acceptable Use Policy, in a way that has or could have serious consequences for us or another user, Member, or Creator; or (iii) all or any part of referral payments due to an Affiliate results from unlawful or fraudulent activity, either by the Affiliate or a user or Member who made the payment, we may notify the Affiliate that the impacted referral payment has been forfeited.

We shall not have any responsibility to an Affiliate if we withhold or forfeit any of its referral payments where we have a right to do so under these Terms of Use.

If we are withholding all or any part of the referral payments due to an Affiliate and we determine that part of the referral payments withheld is unrelated to breaches by the Affiliate of the Terms of Use or suspected unlawful or fraudulent activity, then we may pay to the Affiliate the part of the referral payments that we determine is unrelated to breaches by the Affiliate of the Terms of Use or suspected unlawful or fraudulent activity. We may also choose to pay referral payments that are withheld as a result of a minor and inconsequential breach of the Terms of Use at our sole discretion. But you agree that if we believe an Affiliate’s actual or threatened breaches of the Terms of Use has or may cause us financial loss, we may withhold referral payments due to the Affiliate but not yet paid, and we may set off such amounts against any losses suffered or that may be suffered by us.


PART 4: TERMS AND CONDITIONS OF PLAYBOY MEMBERSHIP PROGRAM

Last Updated: December 13, 2023

This section describes the terms that apply to any purchase by you of a Playboy Membership.

  1. A Playboy Membership (a “Membership”) will provide you with certain specified Playboy-related benefits, as identified on the Membership purchase page from time to time depending upon the level of the Membership. We may offer a number of membership plans. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Membership by checking your Playboy account. A Membership is a Subscription, as that term is defined in the Electronic Communications and Disclosures Consent below.

  2. A membership may include the following benefits:

    • Meet and Greets — Membership may provide you with the opportunity to purchase or obtain access to meet and greets when and where those events are scheduled and subject to the availability of the talent. Members may be charged a fee to attend the events and access may be limited, which means you may not be able to purchase a ticket or otherwise gain admittance to any particular event. Locations and the terms applicable to the events will vary from event to event. There is no guarantee of the number of events that will be held, that any particular talent will participate in such events or that any events will be held in your area.
    • 15% Discount on Merchandise: The discount will be generally applicable to full-price items. This discount cannot be combined with other discounts or offers and exclusions may apply.
    • Bunny Money: Any Bunny Money included as a Membership benefit shall be deposited in your digital wallet as Platform Credits. The dollar value of any Bunny Money shall be equal to the stated value. The remainder of the Membership Fee represents the value of all other benefits offered under the applicable Membership program.
  3. To purchase a Membership, you must first add a payment card to your account. The amounts paid for a Membership are herein referred to as “Membership Fees”. You authorize us to supply your payment card details to a third-party payment provider for the purpose of processing your Membership Fees. All Membership Fees will be charged in USD. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank, and we are not responsible for paying any charges or fees imposed by your payment card provider or bank.

  4. Membership Fees are exclusive of any transactional taxes. Transactional taxes, such as sales tax, excise tax, and value added tax might be applicable to Membership Fees depending on your location.

  5. You authorize us to charge any payment method associated to your account in case your primary payment method is declined or no longer available to us for payment of your subscription fee. If you choose to provide details of two or more payment cards, then if you try to make a Membership payment from the first card and the card is rejected for any reason, then the other payment card will be used to collect the full Membership Fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Membership until we have successfully charged a valid payment method. You can update your payment methods by going to your account page.

  6. The payment provider will take automatic annual or monthly (or other disclosed duration period) recurring payments from your payment card for Membership Fees. You authorize and consent to each of these payments being debited using your supplied payment card details. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the Membership. Membership Fees are fully earned upon payment. Following any update of your payment method(s), you authorize us to continue to charge the applicable payment method(s) going forward.

  7. Apart from free-trial or free promotional Memberships, all Memberships will automatically renew at the applicable monthly or annual (or other disclosed duration period) recurring fee at the end of the applicable Subscription period, except if your payment card was declined, or you cancel as follows:

    • At any time, you may cancel your Subscription by turning off the “Auto-Renew” switch located on the Membership tab. If you need assistance with canceling your Subscription, please contact Customer Support.
    • If you do not cancel your Membership in the manner stated above, then your Membership will continue and your payment card will be charged at the same monthly or annual (or other disclosed duration period) recurring fee.
    • You must cancel your Membership before it renews in order to avoid billing of the Membership Fees for the next billing cycle to your payment method.
  8. We may change our subscription plans and the price of our Membership plans from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription before the change takes effect.

  9. If you cancel a Membership, you will continue to be permitted to use your Membership benefits until the end of the applicable Subscription period in which you canceled, after which no further payments will be taken from your payment card in respect of a Membership and you will no longer be able to access the Membership benefits. If you cancel your Membership, your account will automatically close at the end of your current billing period.

  10. Our policy is not to provide refunds and there are no refunds or credits for partially used membership periods, though we may allow for some exceptions where refunds are granted at our sole discretion based on the circumstances. Playboy reserves the right to delete or suspend your account(s) for any Playboy services, if it determines the refund or a chargeback request was made in bad faith. Any refunds provided by Playboy shall be issued in the form of Platform Credits issued to the digital wallet in your Platform account. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.


PART 5: TERMS AND CONDITIONS OF MEMBERSHIP REFERRAL PROGRAM

Last Updated: January 8, 2024

Membership Referral Program

  1. An Affiliate (as that term is defined in Part 3 of these Terms of Use above) will have the opportunity to refer people who are interested in purchasing a Membership (as that term is defined in Part 4 of these Terms of Use above). Affiliates agree that, when promoting Memberships, they will not give a false impression of Playboy, the Platform, or Content made available through the Platform, its Users, or the Terms of Service, or of the benefits available with a Membership.
  2. For each person referred by an Affiliate who purchases a 12-month Membership on or after January 9, 2024 (an “Acquired Member”), Playboy will pay the Affiliate a flat referral fee equal to Twenty US Dollars (USD $20) per Acquired Member.
  3. For an Acquired Member to be successfully added to an Affiliate’s referral program, the Acquired Member must use the URL containing the Affiliate’s code (to be provided by Playboy) and register an account within 30 days of using said link. (Example link: playboy.com/app/signup?r=AFFILIATE_CODE.) In order to ensure the referral is successful, the new Member must register on the Platform using the same browser that they used to click the referral link (i.e., the referral link sets a cookie on the Member's browser; if the Member changes browsers before they apply, the cookie will not be set on the browser used to apply and the referral shall not be recognized). If a Member purchases a Membership other than by using an Affiliate’s unique referral link, we will not link that account to the Affiliate’s referral and no referral payments will be made to the Affiliate. In no event shall Playboy be liable to add a Membership to a referral account if that Member has not signed up via the correct referral link and in accordance with this provision.
  4. Only one Affiliate is eligible to earn a referral fee for a given Membership. If more than one Affiliate attempts to refer the same Membership, then the last referral link used by the Member prior to purchase of the Membership shall determine the Affiliate eligible to receive the referral fee. By way of example, if Affiliate A refers Member X on January 1 and Affiliate B refers the same Member on January 2, and, on January 3rd, Member X purchases of Membership on Playboy using Affiliate B’s referral code, then Affiliate B will be eligible to earn a referral fee on Member X and Affiliate A will not. However, if Member X uses Affiliate A’s referral code, and does not thereafter use Affiliate B’s referral code, then Affiliate A will be eligible to earn the referral fee on Member X and Affiliate B will not.
  5. If an Affiliate is eligible to receive a referral fee under this program for a given month (an “Eligible Month”), then Playboy will deposit payment in the Affiliate’s Platform affiliate account at or around the beginning of the second month following the Eligible Month. By way of example, if an Affiliate earns a referral fee from an Acquired Member in January, the Affiliate will receive a deposit for January’s referral fee on/around March 1.
  6. In order to open an account on the Platform and be eligible to receive referral fees under this program, (i) you must not be barred from accessing and/or using our Platform under any laws (whether in the United States, the country of your residence, or otherwise) that apply to you or the operation of the Platform, and (ii) you must be eligible to open an account with and receive payments from the third-party payment provider approved by us.
  7. Given the time delay for chargebacks and refunds, an Affiliate’s referral fees may be adjusted more than 30 days after the end of an Eligible Month, which could result in an overpayment to an Affiliate for that month. In the event of any overpayment, the amount of the overpayment shall be deducted from referral fees payable for following month(s).
  8. Playboy reserves the right to modify or discontinue this program at any time.

Playboy may withhold all or any part of the referral payments due to an Affiliate but not yet paid out if:

for as long as is necessary to investigate the actual, threatened, or suspected breach by the Affiliate or the suspected unlawful or fraudulent activity (as applicable).

If following our investigation we conclude that (i) an Affiliate has breached any part of the Terms of Use, including the Acceptable Use Policy; (ii) an Affiliate has attempted or threatened to breach any part of the Terms of Use, including the Acceptable Use Policy, in a way that has or could have serious consequences for us or another user, Member, or Creator; or (iii) all or any part of referral payments due to an Affiliate results from unlawful or fraudulent activity, either by the Affiliate or by the Acquired Member, we may notify the Affiliate that the impacted referral payment has been forfeited.

We shall not have any responsibility to an Affiliate if we withhold or forfeit any of its referral payments where we have a right to do so under these Terms of Use.

If we are withholding all or any part of the referral payments due to an Affiliate and we determine that part of the referral payments withheld is unrelated to breaches by the Affiliate of the Terms of Use or suspected unlawful or fraudulent activity, then we may pay to the Affiliate the part of the referral payments that we determine is unrelated to breaches by the Affiliate of the Terms of Use or suspected unlawful or fraudulent activity. We may also choose to pay referral payments that are withheld as a result of a minor and inconsequential breach of the Terms of Use at our sole discretion. But you agree that if we believe an Affiliate’s actual or threatened breaches of the Terms of Use has or may cause us financial loss, we may withhold referral payments due to the Affiliate but not yet paid, and we may set off such amounts against any losses suffered or that may be suffered by us.


PART 6: GENERAL TERMS AND CONDITIONS

Last Updated: December 13, 2023

Electronic Communications and Disclosures Consent

You consent to us providing Disclosures (as defined below) to you, communicating with you, and otherwise conducting business with you electronically, including through email and messages posted to your Account. As used in this Electronic Communications and Disclosures Consent, the term “Account” means all accounts, products, or services you have with us or that we provide to you. You are also agreeing to use electronic records and signatures throughout the course of our relationship. You understand that your electronic signature will be binding to the same extent as if you signed on paper with an ink signature. This Electronic Communications and Disclosures Consent applies all documentation and communications relating to your relationship with us, including, without limitation, communications relating to your Account, the BIPA Release (as that term is defined below, if applicable), any payment you choose to make through the Site or Platform, any subscription-based services or other products that we may offer from time-to-time; and privacy policies and notices.

Disclosures We may be required by law to give you certain information “in writing” or electronically with your informed consent (“Disclosures”). Disclosures may include, without limitation, any agreement between you and us relating to your Account or use of our Site or Platform; agreements and disclosures relating to payments processed through the Site or Platform and any automatic recurring billing plans which may be monthly, quarterly, biannually, annually or other duration (“Subscriptions”) offered through the Site or Platform; privacy policies and notices; the BIPA Release; and any other records, documents and further disclosures required by federal, state or local law or regulation. You agree that we may electronically provide, send, disclose, or communicate to you any Disclosure and any other information relating to your relationship with us, including your information relating to your Account, any Subscriptions, or your use of the Site or Platform.

Hardware and Software Requirements To electronically access, receive or retain Disclosures you will need:

You represent that you have the hardware and software described above, and that your ability to read this Electronic Communications and Disclosures Consent demonstrates that you have the necessary hardware and software to receive Disclosures electronically.

Paper Copies/Withdrawing Consent We may always, in our sole discretion, provide you with Disclosures on paper, even if you have authorized electronic delivery. If you would like a paper copy of a Disclosure we previously sent you electronically, please contact us via email at [email protected] within a reasonable period of time after the delivery of the electronic Disclosure. If you would like to withdraw your consent to the receipt of electronic Disclosures, you may also contact us at such email address by clearly stating that you are withdrawing your consent to electronic Disclosures. If you withdraw your consent, you will not be able to do business with us electronically, but the withdrawal will not affect any previously provided Disclosures or agreements. There is no cost to you to receive paper copies of any Disclosure. We may need to verify your identity before honoring your revocation of consent and/or sending paper copies of any Disclosures to the physical United States address you provide.

Mandatory Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You agree with us that that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

By agreeing to these Terms, you agree to resolve any and all disputes with us as follows:

Initial Dispute Resolution. Most disputes can be resolved without resorting to litigation. You can reach us at [email protected]. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration (except with respect to the exceptions set forth below).

Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ or Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Site shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or the Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California 94111; and (c) send one copy of the Demand for Arbitration to us at, 10960 Wilshire Blvd., Suite 2200, Los Angeles, CA 90024.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, we will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in Los Angeles County in the State of California, United States of America, and you and we agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver. The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis.

Exception for Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights “intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to [email protected] with the subject line, “MANDATORY ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of (a) the Effective Date of these Terms; or (b) the first date that you used the Site that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, we also will not be bound by them.

Limitation on Time to Bring Claims. A party shall not bring a claim arising out of these Terms of Use or access or use of the Platform more than one year after the cause of action arose. Any claim brought after one year is barred.

Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your account or the Site.

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