Jinxxy Terms of Service

Jinxxy Technologies, LLC DBA Jinxxy

Last Updated: July 16, 2025

1. ACCEPTANCE OF TERMS

By accessing or using the Jinxxy platform, website, services, or any associated software or applications (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Service. We reserve the right to update these Terms at any time, and your continued use of the Service constitutes acceptance of such updates.

2. DEFINITIONS

  • "Content" means any digital assets, including but not limited to avatars, models, textures, scripts, tools, clothing, accessories, worlds, environments, and any other digital materials available on the Service.
  • "Creator" means any user who uploads, lists, or sells Content on the Service.
  • "Buyer" means any user who purchases or downloads Content from the Service.
  • "User" means any person who accesses or uses the Service.
  • "License" means the terms under which Content is made available to Buyers.
  • "We," "Us," "Our" refers to Jinxxy and its parent company, subsidiaries, and affiliates.

3. ELIGIBILITY

3.1 You must be at least thirteen (13) years of age to use the Service.

3.2 If you are under eighteen (18) years of age, you represent and warrant that you have obtained consent from your parent or legal guardian to use the Service.

3.3 By using the Service, you represent and warrant that you have the legal capacity to enter into a binding contract and are not barred from receiving services under applicable law.

3.4 You may not use the Service in a way that would violate the Gramm-Leach-Bliley Act (GLBA) or any other applicable financial privacy laws.

3.5 AGE VERIFICATION AND ADULT CONTENT ACCESS

3.5.1 Birth Date Requirement All users must provide their accurate birth date during account registration. Providing false birth date information is grounds for immediate account termination.

3.5.2 Adult Content Access

  • Users must be at least eighteen (18) years of age to access, purchase, or view adult content
  • Adult content access is automatically restricted based on the birth date provided during registration
  • Users who attempt to circumvent age restrictions will have their accounts permanently terminated

3.5.3 Creator Responsibilities for Adult Content Creators who upload adult content must:

  • Properly categorize and label all adult content using our designated systems
  • Ensure all content complies with applicable laws and regulations
  • Verify that any individuals depicted in their content were of legal age at the time of creation
  • Not attempt to make adult content accessible to users under 18 through miscategorization or other means

4. ACCOUNT REGISTRATION AND SECURITY

4.1 You must provide accurate, current, and complete information during registration and maintain the accuracy of such information.

4.2 Personal Accounts Only Unless explicitly approved as a “Business Account” under Section 4.5, all accounts are issued to a single individual for personal use only. You may not share, sell, lease, or otherwise allow any other person to access or use your personal account.

You are responsible for safeguarding your account credentials and for all activities that occur under your account.

4.3 You must immediately notify us of any unauthorized use of your account or any other breach of security.

4.4 We will not be liable for any losses arising from unauthorized use of your account.

4.5 Business Accounts Businesses, studios, or other legal entities may request a Business Account via email. A business account allows for recovery by an authorized representative in the case ownership transfer is required. A Business Account is administered by an authorized representative (“Admin”) who must, provide proof of authority to bind the entity;

4.6 Enforcement We reserve the right to audit account usage, require re-verification of identity or authority, and revoke access or impose additional security measures (e.g., multi-factor authentication) to enforce this Section.

4.7 We may reclaim, suspend, or require you to change your username at our sole discretion for any reason.

4.5 CREATOR VERIFICATION REQUIREMENTS

4.5.1 Identity Verification

  • Creators may be required to complete identity verification through our trusted third-party verification partners
  • Verification may include government-issued ID, address confirmation, and tax documentation
  • High-volume creators and those earning above certain thresholds must complete verification

4.5.2 Third-Party Verification Process

  • Identity verification is conducted through established, trusted third-party services
  • We do not store sensitive verification documents on our systems
  • Verification data is handled according to our third-party partners' privacy policies

4.5.3 Verification Requirements Verification may be required for creators who:

  • Earn more than $600 USD in a calendar year
  • Have more than 50 product sales
  • Are flagged by our fraud detection systems
  • Operate business accounts or represent commercial entities

4.5.4 Failure to Verify

  • Creators who fail to complete required verification may have payouts suspended
  • Unverified creators may face content upload restrictions
  • Repeated failure to verify may result in account termination

5. SERVICE DESCRIPTION

5.1 Jinxxy operates as a marketplace platform where Creators can sell digital Content to Buyers, primarily for virtual reality and VTubing applications.

5.2 We act as the merchant of record for all transactions, handling payment processing, sales tax, VAT, and other applicable taxes.

5.3 All Content is provided under license terms specified by the Creator or under our Jinxxy Avatar License (JAL) or Jinxxy General Asset License (JGAL) terms.

6. CONTENT LICENSING

6.1 Creator Rights: Creators retain all intellectual property rights in their Content. By uploading Content, Creators grant us a worldwide, non-exclusive, royalty-free license to host, store, display, reproduce, modify (for technical purposes), and distribute the Content solely for the purpose of operating the Service.

6.2 Content Modification: We reserve the right to modify uploaded or purchased Content for security scanning, compatibility improvements, optimization, or any other technical purposes at our sole discretion.

6.3 Perpetual Hosting: We retain the right to store and serve Content indefinitely to Users who have validly purchased such Content, even after Creator account termination.

6.4 License Terms Binding at Purchase:

  • Each Content item is subject to the license terms specified by the Creator at the time of purchase or our Jinxxy General Asset License / Jinxxy Avatar License if none are specified
  • The license terms displayed at the time of purchase constitute a binding agreement between the Buyer and Creator
  • Buyers must comply with all applicable license terms
  • Creators cannot retroactively change license terms for completed purchases
  • Buyers should review and understand license terms before purchasing

6.5 License Compliance:

  • Buyers who violate license terms may have their access revoked and face legal action from Creators
  • We may assist in enforcing license violations but are not obligated to do so
  • License disputes are primarily between Buyers and Creators

6.6 License Display: Creators must clearly display license terms on their product pages. Failure to display clear license terms may result in our Jinxxy General Asset License / Jinxxy Avatar License applying by default.

6.7 AI-GENERATED CONTENT POLICIES

6.7.1 AI Training Prohibition

  • The Service and all Content may not be used for training machine learning models or artificial intelligence systems
  • Automated downloading or scraping for AI training purposes is strictly prohibited
  • This prohibition applies to all users, including Buyers of Content

6.7.2 Creator AI Disclosure Requirements Creators who use artificial intelligence or machine learning tools in creating their Content must:

  • Clearly disclose the use of AI in product descriptions and metadata
  • Specify which aspects of the Content were AI-generated or AI-assisted
  • Use prominent labeling indicating "AI-Generated" or "AI-Assisted" content
  • Provide this information in a way that is easily visible to potential Buyers

6.7.3 Ethical AI Requirements Creators using AI tools must ensure:

  • The AI tools were trained on legally obtained, properly licensed data
  • The AI-generated content does not violate third-party intellectual property rights
  • No unauthorized use of copyrighted material, trademarked content, or personal likenesses
  • Compliance with all applicable laws regarding AI-generated content
  • The AI tools used do not incorporate biased or discriminatory training data

6.7.4 AI Content Liability

  • Creators remain fully liable for all AI-generated content they upload
  • Proper disclosure does not absolve Creators of intellectual property or legal compliance
  • We may remove AI-generated content that violates these Terms or applicable laws
  • Creators must be able to demonstrate the ethical and legal use of AI tools upon request

6.7.5 AI Detection and Enforcement

  • We may use automated systems to detect undisclosed AI-generated content
  • Failure to properly disclose AI use may result in content removal and account penalties
  • Repeated violations of AI disclosure requirements may result in account termination

7. CREATOR OBLIGATIONS

7.1 Creators represent and warrant that:

  • They own or have all necessary rights to the Content they upload
  • The Content does not infringe any third-party intellectual property rights
  • The Content contains no malicious code, viruses, or harmful components
  • All Content descriptions and previews are accurate and not misleading
  • Adult content is properly labeled with appropriate age restrictions

7.2 Creators must:

  • Maintain the confidentiality of all Buyer information
  • Not use Buyer contact information for promotional purposes outside our platform's promotion system
  • Only contact Buyers outside the platform when: (a) the Buyer explicitly requests support or assistance, (b) for legitimate transaction-related purposes, or (c) with the Buyer's explicit consent
  • Honor all license terms they offer at the time of purchase
  • Clearly display license terms on product pages. Failure to display clear license terms may result in our Jinxxy General Asset License / Jinxxy Avatar License applying by default.
  • Not retroactively change or revoke licenses for completed purchases
  • Respond to legitimate Buyer inquiries in a timely manner
  • Comply with all applicable laws and regulations

7.3 Creators acknowledge that they are independent contractors and not employees, agents, or partners of Jinxxy.

7.4 Any User who receives a share of revenue from the sale of Content, whether as a collaborator, promoter, contributor, or otherwise—agrees to be bound by the same Creator obligations and representations outlined in this section. Failure to comply may result in suspension of payouts or account access.

8. PROHIBITED CONTENT AND CONDUCT

8.1 Users shall not upload, post, or transmit Content that:

  • Infringes any copyright, trademark, or other intellectual property rights
  • Contains personally identifiable information, including real photographs, addresses, phone numbers, or other private data
  • Includes hate speech, discrimination, or harassment
  • Contains malicious code or is designed to harm systems or users
  • Violates any applicable laws or regulations
  • Is fraudulent, deceptive, or misleading
  • Contains adult content without proper labeling
  • Is false, inaccurate, or misleading
  • Contains unsolicited advertising, promotional materials, spam, or solicitation
  • Is obscene, lewd, lascivious, filthy, violent, harassing, libelous, or slanderous
  • Ridicules, mocks, disparages, intimidates, or abuses anyone
  • Violates the privacy or publicity rights of any third party
  • Contains offensive comments connected to race, national origin, gender, sexual preference, or physical handicap

8.2 Users shall not:

  • Use automated systems, bots, or scrapers without written permission
  • Attempt to circumvent our fee structure
  • Manipulate reviews, ratings, or search rankings
  • Engage in any activity that disrupts or interferes with the Service
  • Use the Service for any illegal purposes
  • Sell, transfer, or allow others to use your account without our prior written permission and proper record of sale
  • Use buying agents or purchasing agents to make purchases on the Service
  • Collect or harvest usernames, email addresses, or other user information for unauthorized purposes
  • Systematically retrieve data to create or compile collections, databases, or directories without written permission
  • Trick, defraud, or mislead us or other users, especially attempts to learn sensitive account information
  • Interfere with security-related features or copy-protection mechanisms
  • Make improper use of our support services or submit false reports
  • Engage in unauthorized framing of or linking to the Site
  • Upload spyware, passive collection mechanisms, or similar tracking devices
  • Attempt to impersonate another user or use another user's username
  • Use, launch, or distribute automated systems including spiders, robots, or offline readers without permission
  • Decipher, decompile, disassemble, or reverse engineer any software on the Site
  • Use the Site to compete with us or for any revenue-generating endeavor without permission

9. PURCHASES AND REFUNDS

9.1 General Policy

All sales are final. Refunds or exchanges are only issued under limited circumstances, as outlined below and in compliance with applicable consumer protection laws. Where a Creator has not defined a refund policy, our default policy applies: no refunds will be granted except as explicitly stated in this section.

9.2 Creator Refund Policies

Creators may set their own refund policies, provided they are clearly communicated to Buyers prior to purchase. However, all Creator policies must comply with the minimum standards in this section to maintain trust and marketplace stability.

Issues related to Content quality, compatibility, or functionality must be resolved directly between the Buyer and Creator. We do not mediate disputes regarding subjective satisfaction, performance differences, or platform compatibility, unless the Content is found to be in violation of these Terms.

9.3 Refund Eligibility

Refunds may be granted under the following conditions:

  • Access-Based Refunds: Buyers are entitled to a refund if they have not accessed the purchased content. Access includes, but is not limited to, downloads, license activations, or any other mechanism that allows usage of the product.

  • Technical Issues: Refunds may be issued when a Buyer experiences a verified technical issue that prevents access to the content—such as duplicate orders, file corruption, or failure of delivery mechanisms (e.g., broken links or undelivered emails). Temporary outages or access restrictions do not qualify, provided reasonable efforts are made to restore access in a timely manner.

  • Unresponsive Sellers: If a Buyer encounters a significant issue and the Creator fails to respond within 14 business days, a refund may be granted at our discretion within 90 days of purchase. What qualifies as a “significant issue” is determined solely by us.

9.4 Content Violations

We reserve the right to refund purchases and withhold or reclaim payments from Creators if the Content is found to violate these Terms, including but not limited to copyright infringement, prohibited content, or fraudulent listings.

9.5 No Refunds for Accessed Content

Refunds will not be granted for content that has been accessed—defined as any action that enables the Buyer to use, download, activate, or otherwise benefit from the content—except in cases involving verified technical failure.

10. PAYMENT TERMS

10.1 Fees: We charge a platform fee and payment processing fee on all transactions. Current fee structures are available on our website.

10.2 Taxes: As merchant of record, we collect and remit all applicable sales taxes, VAT, and other transaction taxes. Creators are solely responsible for their income tax obligations.

10.3 Payment Methods and Authorization:

  • We accept credit cards, debit cards, and other payment methods as displayed on the Service
  • By providing payment information, you authorize us to charge the payment method for all purchases
  • You represent that you are authorized to use the payment method provided
  • We may use third-party payment processors and you agree to their terms of service
  • We may store payment information (excluding full card numbers) to facilitate future transactions

10.4 Recurring Payments and Subscriptions:

  • For any subscription services or recurring payments, you authorize automatic charges at the specified intervals
  • You may cancel subscriptions according to the cancellation policy
  • Price changes will be notified in advance and continued use constitutes acceptance

10.5 Fraud Prevention:

  • We reserve the right to refuse or cancel transactions that appear fraudulent
  • We may restrict or ban use of VPNs, proxies, or anonymizing services
  • We may require additional verification for suspicious transactions
  • Multiple failed payment attempts may result in account suspension
  • Use of stolen payment methods will result in immediate termination and legal action

10.6 Payouts:

  • Payouts are processed weekly, subject to technical availability
  • Minimum payout threshold is $10.00 USD plus a $1.50 processing fee
  • Payouts are made via PayPal or Stripe at Creator's election
  • Creators must maintain valid, verified payment accounts
  • Once payment is sent to the designated processor, it is considered complete
  • We are not responsible for payment processor holds, errors, or issues

10.7 Incorrect Payment Information: We are not liable for payments sent to incorrect accounts due to Creator error.

10.8 Payment Holds and Deductions: We reserve the right to withhold, deduct from, or offset against current or future payouts any amounts due to:

  • Chargebacks or payment disputes
  • Refunds issued for your Content
  • Platform fees, processing fees, or dispute fees owed
  • Violations of these Terms or other policy breaches
  • Any other amounts you owe us

10.9 CHARGEBACK AND FRAUD PROVISIONS

  • Users who initiate chargebacks may have their accounts terminated
  • We may assess a dispute fee for each chargeback
  • We reserve the right to provide transaction information, account information, and billing information to payment processors and card networks as required

10.9.1 Chargeback Account Actions

  • Users who initiate chargebacks may have their accounts immediately suspended pending investigation
  • Accounts with chargebacks may be permanently terminated at the conclusion of the investigation
  • Suspended accounts cannot access purchased content until disputes are resolved

10.9.2 Creator Chargeback Liability

  • Creators may be held liable for chargebacks related to their content
  • We may deduct chargeback amounts and fees from Creator payouts
  • Creators with excessive chargeback rates may face account restrictions or termination

10.9.3 Fraud Prevention and Detection

  • We employ fraud detection systems to identify suspicious transactions
  • Suspected fraudulent accounts may be suspended immediately
  • We may share fraud information with payment processors and law enforcement
  • Users found engaging in fraudulent activity will be permanently banned

10.9.4 Dispute Resolution Process

  • All chargeback disputes must be resolved through official payment processor channels
  • We will provide transaction documentation to support legitimate sales
  • False chargeback claims may result in legal action and collection efforts

10.10 FINANCIAL COMPLIANCE AND ANTI-MONEY LAUNDERING

10.10.1 AML and KYC Compliance

  • We maintain compliance with anti-money laundering (AML) and Know Your Customer (KYC) regulations through trusted third-party partners
  • Large transactions or suspicious activity may trigger additional verification requirements
  • We may freeze accounts pending completion of compliance checks

10.10.2 Regulatory Reporting

  • We comply with all applicable financial reporting requirements
  • Transaction data may be shared with regulatory authorities as required by law
  • Users must cooperate with compliance investigations and provide requested documentation

10.10.3 Sanctions and Prohibited Persons

  • We screen users against sanctions lists and prohibited person databases
  • Accounts may be suspended or terminated if users appear on prohibited lists
  • We comply with all applicable economic sanctions and trade restrictions

11. ADDITIONAL CREATOR OBLIGATIONS

11.1 Refund Rate Thresholds:

  • If a Creator experiences a refund rate exceeding 15%, we reserve the right to hold 25% of pending payouts for 90 days on a rolling basis to offset potential future refunds
  • If a Creator experiences a refund rate exceeding 25%, their account may be suspended, terminated, or subject to additional conditions or fees
  • We calculate refund rates based on the previous 90 days of transactions

11.2 Abandoned Accounts:

  • Accounts with no login activity for twelve (12) months are considered dormant
  • We will attempt to contact dormant account holders via email three (3) times over a three (3) month period
  • After eighteen (18) months of inactivity, we reserve the right to charge reasonable dormancy fees against any balance
  • Balances under $10.00 USD may be forfeited after six (6) months of inactivity

12. AFFILIATE PROGRAM

12.1 Program Overview: Creators may participate in our Affiliate Program, allowing designated users ("Affiliates") to promote Products and earn commissions on qualifying sales.

12.2 Affiliate Links: We provide unique tracking links that identify the Affiliate as the source of a transaction. Affiliates must use only the official links provided.

12.3 Commission Structure:

  • Creators set the commission rate for their Products
  • Commissions are calculated based on the net sale price (after platform fees)
  • Commissions are only paid on completed, non-refunded transactions

12.4 Affiliate Obligations: Affiliates must:

  • Not engage in misleading or deceptive marketing
  • Comply with all applicable laws including FTC disclosure requirements
  • Not use spam, unauthorized advertising, or prohibited promotional methods
  • Not bid on trademarked terms in paid search advertising without permission

12.5 Payment of Commissions: Affiliate commissions follow the same payout schedule and thresholds as Creator payouts.

12.6 Termination: We may terminate any Affiliate's participation for violation of these terms or for any reason at our discretion.

13. CONTENT STORAGE AND LIABILITY

13.1 No Storage Obligation: We have no obligation to store, maintain, or backup any Content beyond what is necessary to operate the Service.

13.2 Content Limits: We reserve the right to impose limits on:

  • File sizes
  • Storage space per account
  • Bandwidth usage
  • Processing capacity

13.3 Data Loss: While we are not liable for any loss, deletion, corruption, or failure to store Content, we make reasonable efforts to retain access to purchased Content for Buyers and preserve Creator uploads needed to operate the Service. Users are still responsible for maintaining their own backups.

13.4 Content Removal: Content may be removed after account termination, for violation of these Terms, or for technical reasons without notice.

13.5 AUTOMATED CONTENT SCANNING AND MODERATION

13.5.1 Content Scanning Rights We reserve the right to scan, analyze, and review all uploaded content using automated systems and human review for:

  • Malicious code, viruses, or security threats
  • Copyright infringement and intellectual property violations
  • Prohibited content as defined in these Terms
  • Compliance with platform guidelines and applicable laws
  • Quality assurance and platform optimization

13.5.2 Automated Detection Systems

  • We employ automated systems to detect potentially problematic content
  • These systems may flag content for human review or automatic removal
  • Automated systems are not perfect and may produce false positives or negatives
  • We are not liable for any errors in automated content detection

13.5.3 Content Review Process

  • Flagged content may be temporarily unavailable during review
  • We may modify, remove, or restrict access to content that violates our policies
  • Appeals for content decisions can be submitted through our support system
  • Final decisions on content compliance rest with Jinxxy

13.5.4 No Obligation to Monitor While we reserve the right to scan and review content, we have no obligation to monitor all content and are not liable for user-uploaded material that violates these Terms or applicable laws.

14. BETA FEATURES

14.1 Experimental Features: We may offer beta, experimental, or early access features ("Beta Features").

14.2 No Warranty: Beta Features are provided "AS IS" without any warranties. They may contain bugs, errors, or other issues.

14.3 Changes and Discontinuation: We may modify, suspend, or discontinue Beta Features at any time without notice or liability.

14.4 Feedback: Any feedback you provide about Beta Features becomes our property and may be used without compensation to you.

15. ELECTRONIC COMMUNICATIONS AND SIGNATURES

15.1 Electronic Agreement: You agree that these Terms and any agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement for writing.

15.2 Consent to Electronic Communications: By using the Service, you consent to receiving electronic communications from us. This consent is required to use the Service.

15.3 E-Sign Act Compliance: Your electronic acceptance constitutes your electronic signature and is legally binding under the Electronic Signatures in Global and National Commerce Act.

16. EXPORT CONTROLS

16.1 Compliance Required: You must comply with all applicable U.S. and international export control laws and regulations.

16.2 Prohibited Countries: You may not use or access the Service if you are in a country subject to U.S. embargo or designated as a "terrorist supporting" country.

16.3 Prohibited Persons: You may not use the Service if you are on any U.S. government prohibited party list including:

  • Treasury Department's Specially Designated Nationals List
  • Commerce Department's Denied Persons List or Entity List

16.4 Prohibited Uses: You may not use the Service for any purpose prohibited by U.S. law, including development, design, or production of:

  • Nuclear, chemical, or biological weapons
  • Missiles or other military applications
  • Genetically engineered catgirls (we know, tragic)

16.5 Representation: By using the Service, you represent that you are not subject to any such restrictions.

16.6 We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA).

16.7 Our complete DMCA Policy, including procedures for submitting notices and counter-notices, is available at [DMCA Policy URL]. By using the Service, you agree to be bound by our DMCA Policy.

16.8 We maintain a designated DMCA agent for receiving copyright infringement notifications at [email protected].

16.9 DMCA Transparency: To maintain transparency and prevent undue censorship, we publicly post DMCA takedown requests at https://github.com/JinxxyVR/dmca.

16.10 Repeat infringers will have their accounts terminated.

16.11 Users who submit false or bad faith DMCA notices may face account penalties and legal liability.

17. USER CONTENT AND PROMOTIONAL RIGHTS

17.1 Marketing and Promotional Use: For any User-generated content that is NOT a Product for sale (including but not limited to forum posts, reviews, images, screenshots, videos, profile information, and social content), you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to use, copy, reproduce, distribute, publish, broadcast, and otherwise exploit such content and your name, image, voice, and likeness for any promotional, marketing, advertising, or business purpose in any media format.

17.2 Product Ownership: This promotional license does NOT apply to Products you upload for sale. You retain full ownership and control of your Products, and we will only use Product content as necessary to operate the marketplace (display for sale, previews, etc.).

17.3 Submissions and Feedback: Any feedback, suggestions, ideas, or other submissions you provide about the Service become our sole property. We may use such submissions for any purpose without compensation or attribution to you.

17.4 User Contributions Warranty: When you create or make available any content, you represent and warrant that:

  • You own or have necessary licenses, rights, consents, and permissions to use and authorize us to use the content
  • Your content does not infringe any third-party rights including intellectual property, privacy, or publicity rights
  • You have written consent from each identifiable person in your content to use their name or likeness
  • Your content is not false, inaccurate, or misleading
  • Your content does not violate any applicable law or regulation

17.5 Content Management Rights: We have the right, but not the obligation, to:

  • Edit, redact, or modify any user content
  • Re-categorize content to appropriate locations
  • Pre-screen or delete content at any time without notice
  • Monitor user contributions

18. REVIEWS AND RATINGS

18.1 Review Guidelines: When posting reviews, you must:

  • Have firsthand experience with the product or creator being reviewed
  • Not post offensive, profane, abusive, racist, or hate language
  • Not include discriminatory references based on protected characteristics
  • Not reference illegal activities
  • Not be affiliated with competitors when posting negative reviews
  • Not make legal conclusions about conduct
  • Not post false or misleading statements
  • Not organize campaigns to manipulate reviews

18.2 Review Rights: We may accept, reject, or remove reviews at our sole discretion. Reviews are not endorsed by us and do not represent our views. By posting a review, you grant us the same broad license as described in Section 13.1.

19. LOYALTY POINTS & XP

19.1 Program Overview

  • We may award non-transferable Loyalty Points (LP) and Experience (XP) for certain actions (e.g., purchases, community participation, promotions).
  • LP and XP have no cash or stored-value equivalent, are not legal tender, and cannot be redeemed for money.

19.2 Redemption

  • LP and XP may, from time to time, be exchanged solely for in-platform items, profile perks, badges, or other rewards we designate.
  • Available rewards, required balances, and redemption mechanics are published in the Service and may change without notice.

19.3 No Property Right

  • LP/XP are a conditional license to access promotional benefits. You obtain no vested ownership interest in LP, XP, or rewards.
  • We may modify, cap, devalue, suspend, or terminate the program (or any user’s balance) at our sole discretion, with or without notice and without liability.

19.4 Expiration & Forfeiture

  • LP and XP expire 12 months after the most recent earning or redemption activity on your account, unless a different period is posted in the program rules.
  • Upon account termination, inactivity (see Section 11.2), or breach of these Terms, all unredeemed LP/XP are automatically forfeited.

19.5 Transfer & Sale Prohibited

  • LP/XP may not be sold, bartered, gifted, or transferred between accounts except through official features we provide. Any unauthorized transfer is void.

19.6 Fraud & Abuse

  • We reserve the right to reverse or deduct LP/XP earned via error, fraud, abuse, or technical malfunction, and to suspend or terminate accounts engaged in such activity.

19.7 Taxes

  • You are solely responsible for any tax obligations arising from redemption of LP/XP where applicable law treats rewards as taxable value.

20. SOCIAL MEDIA INTEGRATION

20.1 You may link your account with third-party social media accounts ("Third-Party Accounts"). By doing so, you authorize us to access and store information from these accounts as permitted by their terms of service.

20.2 We may access your social network content, friend lists, and profile information solely for platform functionality and marketing purposes.

20.3 Your relationship with third-party services is governed by their terms. We are not responsible for third-party service availability or content.

20.4 You may disconnect Third-Party Accounts at any time through your account settings.

21. ADVERTISING

21.1 We may display third-party advertisements on the Service. Advertisers are solely responsible for their ad content and compliance with applicable laws.

21.2 We do not endorse advertiser products or services. Transactions with advertisers are solely between you and the advertiser.

21.3 Advertisers must possess all necessary rights to their ad content and comply with our DMCA Policy. No refunds will be provided for DMCA-related ad removals.

21.4 We reserve the right to reject or remove any advertisement at our sole discretion.

22.5 CREATOR-PURCHASED ADVERTISING

22.5.1 Ad Purchase Authorization Creators may purchase advertising space to promote their Products on the Service, including marketplace placements, feed promotions, and other designated advertising areas. By purchasing advertising, you agree to these additional terms.

22.5.2 Ad Content Requirements All Creator advertisements must:

  • Accurately represent the advertised Product
  • Use only Content you own or have permission to use
  • Comply with all applicable laws and regulations
  • Not contain misleading, deceptive, or false claims
  • Include proper adult content warnings if applicable
  • Not infringe on third-party intellectual property rights
  • Follow our community guidelines and content policies

22.5.3 Ad Approval Process

  • We reserve the right to review and approve all advertisements before display
  • We may reject, modify, or remove advertisements at our sole discretion
  • Rejected ads do not qualify for refunds unless due to technical errors on our part
  • We are not obligated to provide specific reasons for ad rejections

22.5.4 Payment and Billing

  • All advertising purchases are final and non-refundable except as required by law
  • Ad spending is separate from Creator payouts and cannot be offset against owed amounts
  • Payment is due at the time of ad purchase
  • We may suspend advertising privileges for payment failures

22.5.5 Ad Performance and Metrics

  • We provide advertising performance data on a best-efforts basis
  • We do not guarantee specific performance metrics, impressions, or conversion rates
  • Ad performance may vary based on algorithm changes, user behavior, and platform updates
  • We are not liable for underperforming advertisements

22.5.6 Ad Placement and Display

  • Ad placement is determined by our algorithms and business priorities
  • We do not guarantee specific placement locations or frequency
  • We may adjust ad display based on user preferences, content relevance, and platform optimization
  • Ad visibility may be affected by user ad-blocking software or preferences

22.5.7 Intellectual Property in Ads

  • You retain ownership of your advertising content
  • By purchasing ads, you grant us the right to display, reproduce, and distribute your ad content for the duration of the advertising campaign
  • You represent that you have all necessary rights to use any content in your advertisements
  • You agree to indemnify us against any claims related to your advertising content

22.5.8 Ad Policy Violations Violations of advertising policies may result in:

  • Immediate ad removal without refund
  • Suspension of advertising privileges
  • Account suspension or termination
  • Forfeiture of unused advertising credits

22.5.9 Prohibited Advertising Practices Creators must not:

  • Use misleading preview images or descriptions
  • Promote Content that violates our Terms of Service
  • Engage in click fraud or artificial traffic generation
  • Copy or mimic other Creators' advertising content
  • Use unauthorized trademarks or copyrighted material
  • Target competitors' audiences inappropriately
  • Circumvent our advertising review process

22.5.10 Advertising Credits and Refunds

  • Advertising credits are non-transferable and non-refundable
  • Unused credits may expire according to our advertising policies
  • Credits cannot be converted to cash or Creator payouts
  • We may issue credits for technical errors or platform issues at our discretion

22.5.11 Changes to Advertising Services

  • We may modify advertising features, pricing, or policies at any time
  • Changes will be effective immediately upon posting
  • Continued use of advertising services constitutes acceptance of changes
  • We are not liable for any losses resulting from advertising service changes

22.5.12 Advertising Data and Analytics

  • We collect data on ad performance and user interactions
  • This data is used to improve our advertising services and platform
  • We may share anonymized, aggregated advertising data for business purposes
  • Individual Creator advertising data remains confidential

22.5.13 Compliance with Advertising Laws Creators are responsible for ensuring their advertisements comply with:

  • Federal Trade Commission (FTC) guidelines
  • Consumer protection laws
  • Truth in advertising requirements
  • Any applicable international advertising regulations
  • Platform-specific advertising policies

22.5.14 Termination of Advertising Services We may terminate advertising services:

  • For violation of these Terms or advertising policies
  • For suspected fraudulent activity
  • For non-payment or payment disputes
  • At our discretion with or without cause
  • Upon termination of your Creator account

Upon termination, unused advertising credits are forfeited and running campaigns will be stopped immediately.

23. API USAGE

23.1 We provide an official API for authorized use only.

23.2 All automated access must use the official API unless written permission is obtained.

23.3 Unauthorized bots, scrapers, or automated systems are strictly prohibited.

23.4 API abuse, including excessive requests or unauthorized use, will result in immediate termination of access.

23.5 Third-party applications must use the official API or obtain written permission.

24. PRIVACY

24.1 Your use of the Service is subject to our Privacy Policy, which is incorporated by reference.

24.2 Users must not publicly post personally identifiable information.

24.3 Creators must maintain the confidentiality of all Buyer information.

25.4 GDPR AND INTERNATIONAL COMPLIANCE

25.4.1 Creator GDPR Responsibilities Creators who have access to Buyer information must:

  • Comply with all applicable data protection laws, including GDPR
  • Process Buyer data only for legitimate transaction-related purposes
  • Implement appropriate security measures to protect Buyer data
  • Respond to data subject requests in accordance with applicable law
  • Not transfer Buyer data outside the EEA without appropriate safeguards

25.4.2 Data Processing Limitations

  • Creators may not use Buyer information for marketing outside our platform
  • Buyer contact information must not be shared with third parties
  • Data retention must comply with applicable privacy laws
  • Creators must delete Buyer data when no longer needed for legitimate purposes

26. DISCLAIMERS AND LIMITATION OF LIABILITY

26.1 THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

26.2 WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

26.3 WE ARE NOT LIABLE FOR:

  • Content uploaded by users
  • Transactions between Creators and Buyers
  • Loss of data or profits
  • Indirect, incidental, special, or consequential damages

26.4 OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

27. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Jinxxy, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from:

  • Your use of the Service
  • Your Content
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any claims that your Content infringes third-party intellectual property rights

28. DISPUTE RESOLUTION

28.1 These Terms shall be governed by the laws of the State of Florida, without regard to conflict of law principles.

28.2 Any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

28.3 The arbitration shall be conducted in Florida, and judgment may be entered in any court of competent jurisdiction.

28.4 You waive any right to participate in class actions or class arbitrations.

29. TERMINATION

29.1 We reserve the right to suspend or terminate your account at any time for violation of these Terms.

29.2 Upon termination, you lose access to the Service, but:

  • Buyers retain access to validly purchased Content
  • Outstanding valid payouts will be processed
  • These Terms survive termination to the extent necessary

30. FORCE MAJEURE

Neither Jinxxy nor any User shall be liable for any delay or failure to perform any obligation under these Terms due to causes beyond their reasonable control, including but not limited to:

  • Acts of God, natural disasters, fire, flood, earthquake, or other catastrophic events
  • War, terrorism, civil unrest, or government actions
  • Epidemic, pandemic, or public health emergencies
  • Internet, telecommunications, or infrastructure failures
  • Cyberattacks, including DDoS attacks, ransomware, or system intrusions
  • Third-party service failures, including hosting providers, payment processors, or banking systems
  • Labor disputes, strikes, or shortages
  • New or changed laws or regulations affecting digital content or payment processing

During a force majeure event:

  • Affected obligations shall be suspended
  • We will make reasonable efforts to minimize impact and resume normal operations
  • No refunds are required for temporary service unavailability
  • Creator payouts may be delayed without penalty

If a force majeure event continues for more than thirty (30) consecutive days, either party may terminate the affected services upon written notice.

31. GENERAL PROVISIONS

31.1 Entire Agreement: These Terms constitute the entire agreement between you and Jinxxy.

31.2 Severability: If any provision is found unenforceable, the remaining provisions shall continue in effect.

31.3 Waiver: Our failure to enforce any provision shall not constitute a waiver.

31.4 Assignment: You may not assign your rights under these Terms without our written consent.

31.5 Notices: All notices shall be sent to the email address associated with your account or our designated contact address.

32. CALIFORNIA USERS

If you are a California resident and have a complaint, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at:

1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 Phone: (800) 952-5210 or (916) 445-1254.

33. ADVERTISING AND THIRD-PARTY CONTENT

We may display advertisements, sponsored content, or integrations with third-party services (such as social media platforms or payment providers) within the Service. These third parties are solely responsible for ensuring their content complies with all applicable laws and does not infringe on any intellectual property or other rights.

Jinxxy does not endorse or guarantee any third-party products, services, or content. Any interactions, transactions, or reliance on third-party offerings—including ads or embedded services—are strictly between you and the third party. You use them at your own risk.

34. THIRD-PARTY LINKS

The Service may contain links to external websites or services that are not owned or controlled by Jinxxy.

We have no control over, and assume no responsibility for, the content, policies, or practices of any third-party websites or services. You acknowledge and agree that Jinxxy is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by your use of or reliance on such external content, goods, or services.

We strongly recommend reviewing the terms and privacy policies of any third-party websites you access.

35. ACCOUNT SUSPENSION AND TERMINATION

We reserve the right to block access to the Service, suspend or terminate your account, or limit access to certain features, at our sole discretion, for any reason including but not limited to violation of these Terms, abuse, security threats, or fraudulent behavior. You may not attempt to circumvent a ban or suspension by creating additional accounts.

36. INDUSTRY-SPECIFIC USE RESTRICTIONS

The Service is not designed to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), or the Gramm-Leach-Bliley Act (GLBA). You must not use the Service to store or transmit data subject to such laws.

37. CONTACT INFORMATION

For questions about these Terms, please contact:

Jinxxy Support Email: [[email protected]] DMCA Agent: [[email protected]] Address: 8051 N. TAMIAMI TRAIL, SUITE E6, SARASOTA, FL 34243

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.