Terms of Use & License Agreement
Sticky is a social platform and creation tool published as an application, on the web, and on other social media platforms.
Before using Sticky, making any purchase on it, creating any content on it or submitting any content to it, please read these Terms of Use & License Agreement, the Sticky Privacy Policy and the Sticky Guidelines carefully.
By proceeding, you certify you have read and agree to these documents.
Content & Conduct
- You are granted a personal, revocable, non-assignable, non-sublicensable and non-exclusive limited license to use Sticky.
- To use Sticky, you must be at least 13 years old. If you are at least 13 years old but under 18 years old, you may only use Sticky with a parent or guardian's supervision and with their approval and oversight. That parent or guardian is responsible for your actions. It is prohibited to use our Service if you are under 13 years old. To report users under the age of 13, please use the in-app flagging features.
- If you deem any content on the app to be objectionable or to violate your copyright, or would like to report abuse, please use the in-app flagging features. We aim to act on such reports within 24h.
- We would like Sticky to be a safe place for the Sticky users and team. The following is prohibited and deemed serious misconduct: a) Publishing or attempting to publish content on Sticky that violates the Sticky Guidelines, including criminal, hateful or harmful content, plagiarism and copyright infringement, pornography, gambling and content related to illicit drugs, or that otherwise violates policies of the platforms on which Sticky is listed and through which Sticky processes payments, including mobile app stores, social media platforms, and credit card and online payment networks; b) offensive behaviour towards the Sticky team or other Sticky users, whether on or outside the Sticky platform, c) attempts to defraud Sticky or other Sticky users, including through copyright infringement of Sticky or Sticky user content, creation of fake users or activity, manipulation of Sticky statistics, 'hacking', offering of inappropriate content, items or services on Sticky, scams, fraudulent refunds, whether on or outside the Sticky platform.
- Misconduct may result in removal of content and virtual items from Sticky accounts and immediate ejection from the platform, at the Sticky team's sole discretion and without prior warning. This may include the immediate non-refundable and permanent loss of content and items in Sticky and ineligibility for creator revenue sharing.
Purchase of Sticky content, items and services
- Users may purchase virtual content, services and items from Sticky.
- The price of virtual items offered for purchase by Sticky varies by item, country of purchase, channel of purchase, and may vary from time to time; please check the price at the time of purchase displayed in Sticky, on the purchase confirmation alert, and on your email receipt.
- Given the digital nature of content, services and items on Sticky, purchases from Sticky are final and non-refundable except if otherwise determined by law. Users have attempted to defraud Sticky by making purchases with the intent of benefiting from them and requesting refunds, through their own accounts and those of others. Therefore requests for refunds are monitored and for safety, repeated or suspicious refund activity may result in removal as outlined above.
- Virtual items in Sticky, including but not limited to virtual 'coins' and 'collectibles' (including any recorded on external networks such as 'non-fungible-tokens') are offered for use only, not as securities or investments, not for conversion into cash, not as having real-world value. Their availability, balance, value and characteristics within Sticky may vary at Sticky's discretion, including with their removal without prior notice.
- Sticky may offer a 'marketplace' within Sticky for exchange of virtual items among users. The availability of the marketplace is at Sticky's discretion.
- Virtual items offered by Sticky, including but not limited to virtual 'coins' and 'collectibles' may only be purchased and exchanged via the purchase and exchange mechanisms offered within Sticky, except where Sticky has specifically registered items for exchange on outside networks such as decentralized blockchains.
- For purchases made using the iOS in-app-purchase system, payment is charged to iTunes Account at confirmation of purchase; contact Apple regarding any purchases made in error, as we have no control over these transactions.
Use and purchase of third-party content, items and services
- Users may access, use and purchase virtual content, services and items from other users or third parties on Sticky's platform.
- For terms or issues relating to this use purchases, please refer to publishers'/sellers' terms of service or contact them directly.
- Sticky is not responsible for third-party content or sales, and availability of third-party content, services or items on Sticky is not an endorsement by Sticky.
- Please report any inappropriate publisher or seller conduct by using the in-app flagging features.
Content submissions
- Creators may submit content for publication on Sticky, including but not limited to text, files, documents, images, video, websites, apps, games and limited edition virtual collectibles.
- Creators may choose whether content should be available for free, or in exchange for virtual items such as coins. By submitting content you certify that you have all the rights to that content that are necessary for publication and for the availability type that you choose.
- Prominence of content published on Sticky is at the Sticky's team's discretion. Submitted content may be reviewed and may be rejected if it does not comply with the Sticky Guidelines or is otherwise not deemed to be a good fit for Sticky. Conversely, content that is of high quality and closely reflects the guidelines may be selected to be featured prominently.
- Submission of inappropriate content is taken seriously and dealt with as outlined above.
- Submission of content for publication may be require payment of a fee to cover review. Such payment does not guarantee publication or featuring and is not refundable in the event of deletion of content by the user, rejection of the content, or suspension of the user due to misconduct.
- Creators may publish virtual items that can be used or exchanged by users on Sticky after the initial purchase, including but not limited to 'templates' for use by other creators and 'collectibles' that can be exchanged on the 'marketplace'.
- While Sticky aims to promote a safe platform, publication of content involves certain risks. For example, ill intentioned third parties may copy your content, publish it elsewhere, retain it after you attempt to delete it, or react offensively to it, and publication on networks such as blockchains may be irreversible. Sticky is not responsible for third-party misconduct. Please report any inappropriate use of your content on Sticky by using the in-app flagging features.
- By submitting content to Sticky, you a) retain all rights to the content, b) grant Sticky a worldwide, royalty-free, non-exclusive license to use, reproduce, distribute, display and offer the content to users in connection with the functionality of Sticky and its presence on social media, c) where applicable, grant other users of Sticky a license to re-use and exchange virtual items on Sticky, d) acknowledge and accept the risks of publication outlined above.
Creator revenue sharing
- Revenue sharing may be available to eligible creators for eligible creations. The availability and terms of revenue sharing may be altered at any time, including with cessation of sharing without prior notice.
- These terms cover general aspects of revenue sharing. For details on the calculations, fees, minimums and options currently available, please refer to 'Earning Money on Sticky' on our website.
- To be eligible for revenue sharing, creators must accept and have a record of full compliance with these terms of use, our privacy policy and guidelines and must meet specific conditions, published in the relevant areas of the Sticky platform, intended to ensure content quality and the integrity of the Sticky platform and safety of its community. Such conditions may vary over time and may include factors such as complete and accurate profile, account and payment information; pro/creator account membership and account verification status; time elapsed since events such as first content publication; total account content engagement and exchange statistics; absence of legal restrictions such as trade sanctions.
- To be eligible for revenue sharing, creations must be compliant with these terms of use, our privacy policy and guidelines, and must meet specific conditions, published in the relevant areas of the Sticky platform, intended to ensure content quality and the integrity of the Sticky platform and safety of its community. Such conditions may vary over time and may include factors such as whether creations are marked as being intended for monetization; whether they are freely available to all Sticky users or require exchange for virtual items or being a paying subscriber; whether they includs third-party ads, Sticky ads, or no ads; content engagement and exchange statistics.
- Revenue sharing may relate to exchanges on Sticky attributable to a specific creator (such as transactions on the 'marketplace'), and to allocation from a pool relating to exchanges and user engagement not attributable to a single creator (such as advertising views or subscription revenue), and may be displayed to creators in terms of 'earned coins' (a virtual item in Sticky).
- Creators may choose to use their 'earned coins' within Sticky (for example in exchange for other content or items offered by Sticky or other creators) without incurring the Sticky platform fee that applies to cash revenue sharing.
- Alternatively, creators may request a revenue share paid in cash. Formulas for calculation of cash amounts based on 'earned coins' are published on the relevant areas of the Sticky platform and may vary over time, but are based on the average price paid by users for coins, net of payment and platform (i.e. credit card, App Store) fees, taxes, refunds and frauds on coin sales, and a Sticky platform fee. Cash amounts received by creators may be net of the payment fees for transferring their cash payment to them.
- As outlined above, virtual items such as 'coins' in Sticky are not convertible into cash, and are subject to change or removal at Sticky's discretion. Their use for revenue share computation is a convenience and may be altered at any time. Accordingly, and for avoidance of doubt, 'purchased coins' and 'bonus coins' do not factor into revenue share calculations, though they comprise users' total balance of virtual 'coins' for use in Sticky.
- Calculation of revenue share pools and of cash revenue share payments are periodical (for example, once per calendar quarter) and the calculation frequency and time between the end of the relevant period and payment disbursement may vary over time.
- Cash revenue share payments are subject to minimum amounts, carried out via specific means of payment and available in specific currencies, all of which may vary over time.
- Creators are responsible for reporting and paying any taxes they owe on their revenue share.
- By creating on Sticky, you agree that no joint venture, partnership or employment relationship exists between you and the Sticky team as a result of these terms or your submission of content.
- The Sticky team may, at its sole discretion, choose to contract selected creators on an ad-hoc basis on terms distinct from those above, including on the basis of a one-time fixed payment or on a distinct revenue share. For avoidance of doubt, in those cases, the terms that apply are solely those of the ad-hoc agreements in question and the compensation specified in the agreements is in place of, not in addition to, the above revenue share.
Experimental nature of Sticky
- Sticky is developed by a small team, and continuously incorporates features that are experimental, including but not limited to blockchain tools, artificial intelligence tools, publication of third-party interactive content within its mobile apps, and innovative social, governance, creation and marketplace features. In addition to the absence of warranty below, you acknowledge the experimental nature of the platform as a whole, which may present security risks, fail to work as intended, have features and content removed, altered or separated into different platforms without prior notice and shall use it accordingly.
- Sticky may, on an experimental basis, involve users in the governance and decision making of the platform, such as via feature requests, proposals and polls and with respect to user and creator policies. Any such decisions by users are advisory, non-binding and subject to ultimate decision-making authority by Sticky, and Sticky may cease user involvement in platform governance at any time.
No Warranty, Limitation of Liability, Indemnification, Dispute Resolution
- The app and its content are provided 'as is' and 'as available', and to the extent permitted by law, without warranty either express or implied of any kind, including that the app will be safe or fit for a particular purpose.
- Except where prohibited by law: a) we shall not be liable to you or any third party for damages or losses, including lost profits, b) if, notwithstanding the other provisions of these terms of use, we are found liable to you for any damage or loss in any way connected with this app or its contents, our liability shall in no event exceed the greater of i) our revenue share, if any, of content you have purchased in the app or ii) our revenue share, if any, of content you have published in the app.
- You agree to indemnify and hold us harmless from any demands, loss, liability, claims and expenses made against us by any third party arising out of your use of the app, including but not limited to any content you submit that is found to violate intellectual property rights.
- You agree that all matters relating to your use of this app, including disputes, will be governed by the laws of the Cayman Islands. You agree to the exclusive jurisdiction of the courts of the Cayman Islands and waive any objection to such jurisdiction.
- If you have questions about the Terms of Use and Privacy Policy or wish to make a formal request, please email contact@getstic.ky.