To summarize: by using DearShare you agree to these terms.These are DearShare’s terms of use, and they apply to all users of the DearShare platform. “We,” “our” or “us” refers to DearShare Limited and our subsidiaries. “DearShare” refers to this platform and the services offered by us. By using DearShare you agree to these terms and to the other policies we post. Please read them carefully and let us know if you have any questions. For information about our data practices, please see our Privacy Policy, including our Cookie Policy. We can collect and use your information in accordance with those policies.Your accountWhen you create an account you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes. To join a creator’s membership as a subscriber, or provide a membership as a creator, you must be at least 18 years old or have your parent’s permission. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us immediately if you believe your account is compromised. You can learn more about security on our Security Policy page.Abusive conductTo summarize: Be responsible and don’t violate our policies.You are responsible for all activity on your account. If you violate our policies we may terminate your account. Don’t do anything illegal, abusive towards others, or that abuses our site in a technical way. If you are a creator raising funds on DearShare, we may be held accountable for what you do with those funds. As a result, we also look at what you do with your membership off our platform.All about being a creatorTo summarize: A creator is someone who creates a posts on DearShare to engage with users or subscribers of DearShare to support the creator’s creations. There are a lot of details below involving payments, fees, taxes and restrictions that you should read in full if you are a creator.PaymentsAs a creator you make your subscription plan available on DearShare, and we provide plans to your subscribers on a subscription basis. We also handle payments issues such as fraud, chargebacks and resolution of payments disputes. We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We may also block or hold payments for violations of our policies or for compliance reasons, including collecting tax reporting information. When payments are delayed or blocked we try to communicate the reason to you promptly. If you have questions about a payments block, please reach out to us. In order to protect creators, we may block subscriber payments if we believe them to be fraudulent. Sometimes activities like refunds can put your account balance into negative. If your balance becomes negative then we reserve the right to recover those funds from future payments.FeesAs a creator there is a fee associated with your subscription plan on DearShare, which is the payment processing fee, which is dependent on the payout currency selected by the creator.
The payment processing fee in US Dollars is 3.4% plus $0.30 per successful pledge for pledges over $3, and 5% fee plus $0.10 per successful pledge for pledges of $3 or less. Founding creators have a legacy platform fee and the legacy payment processing rate. The legacy payment processing rate varies depending on a number of factors, including the subscription plan price, card type and number of other subscription plan joined by a subscriber.TaxWe collect tax identification information and report this to tax authorities as legally required. You are responsible for reporting any income or withholding taxes which may be due as a result of payments received. As a creator on our site, it is your responsibility to provide accurate information when you are engaging with the sales tax weighting tool and, generally, when listing benefits transferred within your tiers.RestrictionsWe don’t allow creations and benefits that violate our policies. A summary of those rules is that we don’t allow:
Illegal creations or benefits.
Creations or benefits that are abusive towards other people.
Creations or benefits that use others’ intellectual property, unless you have written permission to use it, or your use is protected by fair use.
Creations or benefits with real people engaging in sexual acts.
Benefits that involve raffles or prizes based on chance.
If your fans include people under the age of 18, then please remind them that they need permission to join your subscription plan. We are not required to allow any particular person or group of persons to be your subscriber. As a creator you are also responsible for keeping subscriber data safe. You can see what is required in our Data Processing Agreement. An account is tied to your creative output and cannot be sold or transferred for use by another creator.All about being a subscriberTo summarize: A subscriber is someone who subscribe a plan from DearShare to support their favourite creators’ creations. Through a paid plan on DearShare, subscribers directly interact with creators they support, using tools supplied by DearShare, and through our platform have the opportunity to engage with a greater community of subscribers and creators.As a subscriber, you’re joining DearShare to be part of an exciting movement to support a creator’s membership while you get special benefits, like access to your creator, merchandise (when offered), exclusivity, and engaging experiences with the creator and subscriber community. In exchange, you pay DearShare for membership programs, on a subscription basis, to access and support creators you like. To become a subscriber, simply create an account, add your preferred payment method, and join a membership program on DearShare to start supporting your creator! There is only one type of membership subscriptions, monthly subscription where you pay per month. The timing and amount of each membership subscription depends on the type of membership agreement you enter into, and the creator you support. You can see the details as you join, as well as in the receipt sent to you after each successful payment. You can view all your active membership subscriptions and billing history on your membership page. You may cancel your membership payments at any time. Terminating the support of membership will go into effect in the subsequent (not current) payment term. Canceling your support may result in your loss of access to a creator’s subscriber-only posts and benefits. These include when you cancel your membership subscription, your payment method fails, the creator blocks you, or the creator deletes their account. We are not required to allow you to be a subscriber of any particular creator. Creators’ memberships vary and we have limited control over the quality and specific offerings. We attempt to screen for fraudulent creator pages, but cannot guarantee the identity of creators or the validity of any claims they make. We appreciate your help reporting suspicious creator pages so we can keep DearShare safe. If you are located in the jurisdiction in which DearShare is required to charge and collect tax (e.g. VAT or, sales tax), then this tax is added to the total charge. Except in limited circumstances, this tax is shown when you set up the initial membership subscription. DearShare remits all tax collected to the applicable taxing authority. As tax is largely dependant on your location, you are responsible for keeping your address complete and up to date. Depending on your location, some banks may charge you a foreign transaction fee for your membership subscription. DearShare does not control this charge, but it is typically around 3% . Please contact your bank for more information. Refunds. Our policy is No Refunds, though we will allow for some exceptions where refunds are granted in our sole discretion.Subscribers's roleTo summarize: We proactively look at some pages and posts on DearShare and review reported pages to identify potential violations of our guidelines.We proactively look at some pages and posts on DearShare to make sure creators follow our Community Guidelines and Benefit Guidelines. We also investigate reports of potential violations. These investigations may take a while to resolve and may include looking at what is supported by funds received through DearShare. In most situations we will work with creators to resolve any potential violations and allow the creator to continue using DearShare. Terminating accounts is not an action we take lightly and is done in only the most extreme cases. DearShare reserves the right to remove a creator or subscriber from participating in annual memberships. Removal of the creator or subscriber from participation in annual memberships will prohibit the creator from accepting new annual payments, and prohibit the subscriber from making new annual payments, but will not result in an automatic removal of the creator or subscriber from the platform, unless there is an independent basis for their removal from the platform. Please let us know if you see potential violations of our Community Guidelines. You can learn how to report them here. We are constantly testing out new features with the goal of making DearShare better. We may add or remove features, and often test features with a random subset of our community. If we believe a feature is significantly different from these terms, then we explain those differences in the test. With your permission, we may give other websites or services the ability to verify information about your DearShare account or perform actions on your behalf. This permission is asked for when you connect your DearShare account to these other websites or services. You can learn more in our Privacy Policy.Account deletionTo summarize: You can delete your account here. We can disable your account at our discretion.You can permanently delete your account at any time by going to our Privacy Center. On that page you can also see what information is deleted and what we continue to store after the account is deleted. We can terminate or suspend your account at any time at our discretion. We can also cancel any membership subscriptions and remove any descriptions, posts or benefits at our discretion. You may not bring a claim against us for suspending or terminating another person’s account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys fees and costs. These terms remain in effect even if you no longer have an account.Your creationsTo summarize: You keep complete ownership of all creations, but you give us permission to use them on DearShare. Make sure you have permission to use creations that you offer on DearShare.You keep full ownership of all creations that you offer on DearShare, but we need licenses from you to operate DearShare effectively. By posting creations on DearShare you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your creation. The purpose of this license is strictly limited to allow us to provide and promote memberships to your subscribers. We will never try to steal your creations or use them in an exploitative way. You may not post creations that infringe others’ intellectual property or proprietary rights. Subscribers may not use creations posted by creators in any way not authorized by the creator.Your third-party appsTo summarize: You may grant DearShare permission to access third-party apps. You may also revoke that permission.You may grant DearShare access to your third-party accounts, such as Google, YouTube, Facebook, Instagram, Twitter, and Twitch, in order for some DearShare features to operate. Each time you connect your third-party account, that third-party account will present a page that describes the information that DearShare can access. At any time, you can revoke DearShare’s access to those accounts using the respective third party’s security settings page. These are the links for each service:
DearShare's creationsTo summarize: You can use our copyrights or trademarks to promote your DearShare page, but can’t use them for anything else without our permission.Our creations are protected by copyright, trademark and trade secret laws. Some examples of our creations are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your DearShare page. You can learn more about the correct use of our logo in our Brand Guidelines. You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our creations unless we give you permission in writing. Please ask if you have any questions.IndemnityTo summarize: If we are sued because of your use of or conduct on DearShare, you have to help pay for it.You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of DearShare. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will help us in our defense. Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.Warranty disclaimerTo summarize: We do our best to make sure DearShare works as expected, but stuff happens.DearShare is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law. The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third party service providers.Limit of liabilityTo summarize: If you lose money as a result of using DearShare, any payment to you is limited to the amount of money we have earned through your use of DearShare.To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of DearShare. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of DearShare. We are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements. For this clause “we” and “our” is defined to include our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.Everything elseTo summarize: These terms are the final word on DearShare’s policies and we will tell you if we change them.These terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future. We may sometimes make changes to these terms and policies. If we make material changes that adversely affect your rights, then we will let you know before the changes come into effect. Continuing to use DearShare after a change means you accept the new terms or policies. Effective immediately for users on DearShare from May 31, 2021.