Sticky is a virtual items platform published by Daily Apps as a native app on the iOS App Store, on the web and on several social media platforms.

Before using Sticky, making any purchase on Sticky, or submitting any content for inclusion in Sticky, please read these Terms of Use & License Agreement, the Sticky Privacy Policy and the Sticky NFT Guidelines carefully.

By proceeding, you certify you have read and agree to these documents.

NFTs, Virtual Items and their purchase

• The term “Non-Fungible Token” or “NFT” gained prominence only recently and has varying definitions, not least because NFTs themselves are diverse and rapidly evolving. For the avoidance of doubt, in these Terms of Use and throughout Sticky, Non-Fungible Tokens are defined in the broadest sense: as synonymous and interchangeable with “virtual items”, without implying use or compatibility with any specific technology, documented standard or external platform, or implying that they possess any specific financial, legal or technological attributes, which specific subclasses of NFTs available outside Sticky may use or possess or which NFTs in Sticky may happen to use or possess.
• Virtual items in Sticky are offered for use only: they are not securities or investments and are not convertible into cash or cryptocurrencies. Their availability, value and features within Sticky may vary.
• All virtual items in Sticky are initially recorded on the proprietary Sticky ledger. As of version 1.3 to be released in March 2022, users may choose to transfer collected NFTs from the Sticky ledger to external decentralised blockchains such as Polygon using the provided functionality.
• StickyCoins and Starter Packs are virtual items which are only available within Sticky and cannot be transferred outside Sticky.

Purchase of virtual items

• The price of virtual items offered for purchase 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.
• Payment is charged to iTunes Account at confirmation of purchase.

Use of Sticky and virtual items

• You are granted a personal, revocable, non-assignable, non-sublicensable and non-exclusive limited license to use Sticky.
• Virtual items registered on the Sticky ledger may only be obtained via the purchase and exchange mechanisms offered within Sticky. You shall not attempt to obtain or copy virtual items by circumventing these mechanisms, including but not limited to taking screenshots, screen recordings, removing watermarks, or attempting to access the app’s content other than through the provided mobile app and web user interfaces.
• Once appropriately acquired on Sticky and exported to publicly accessible blockchains such as Polygon using the mechanisms provided, NFTs may be traded using third party clients designed for those blockchains.
• You may not otherwise modify, sell, lease, copy or distribute any part of Sticky or virtual items obtained in it. For example: buying an NFT on Sticky and making a copy of the image to sell on an external NFT marketplace is prohibited.

Content submissions

• Content creators may be invited to submit content for publication in the app as virtual items. For example, artists, illustrators and motion designers may be invited to submit NFTs.
• 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.
• Submitted content may be reviewed and may be rejected if, in the Sticky team’s opinion, it does not comply with the Sticky NFT Guidelines. Conversely, content that closely reflects the guidelines and may be selected by reviewers to be featured more prominently in Sticky.
• Submission of content that is plagiarised, appears to deliberately violate copyright, or is otherwise misrepresented or deceitful is a severe violation of the Sticky NFT Guidelines and the “Guidelines for content & conduct”. This misconduct may result in immediate and permanent user suspension, loss of access to virtual items and ineligibility for revenue sharing.
• Purchase of virtual items such as “sticky coins” may be required for submission of content. Such purchases do not guarantee publication or featuring and are not refundable in the event of deletion by the user, rejection of the content or suspension of the user due to misconduct.
• Attempts to copy and resell NFT images are unfortunately prevalent across platforms. Sticky has undertaken and continues to undertake measures to protect the work of creators without causing unreasonable inconvenience to users, including reviewing featured publications, watermarks, verified badges, and the Sticky NFT Guidelines and these terms of use, however publication of content as virtual items on Sticky still involves the risk that others will attempt to copy their images, potentially limiting their value.
• By submitting content, you a) retain your rights, b) grant Daily 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) grant other users of Sticky a license to the content offered as virtual items as set forth in the 'use of Sticky and virtual items' section of these terms, d) acknowledge and accept the risks outlined above.

Guidelines for content & conduct

• The following is deemed serious misconduct: a) Submission of content that violates the Sticky NFT Guidelines, including criminal, hateful or harmful content, plagiarism and copyright infringement, pornography and content related to illicit drugs, or that otherwise violates App Store policies; b) offensive behaviour towards the Sticky team or other Sticky users, c) attempts to copy or obtain access to Sticky virtual items other than through the provided purchase and exchange mechanisms, d) attempts to resell copies of virtual items from Sticky outside Sticky, e) attempts to obtain virtual items for free by requesting fraudulent refunds for their purchases.
• Misconduct may result in withdrawal of access to virtual items and/or immediate ejection from the platform with no prior warning, including the non-refundable and permanent loss of virtual items in Sticky and ineligibility for creator revenue sharing.
• If you deem any content on the app to be objectionable or to violate your copyright, or would like to report abuse, please email contact@getstic.ky or use the in-app flagging features. We aim to act on such reports within 24h.
• We require all users to 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.

Creator revenue sharing

• Revenue sharing may be available to eligible creators for eligible creations. The availability and terms of such sharing may be altered at any time.
• To be eligible, creators must a) accept and be compliant with these terms of use, b) complete their profile page with a real photo, their real full name, a short bio, a portfolio or social media link (which will be public) as well as their real address, phone number, email address and payment details (which will be private), c) have submitted at least 10 NFTs that are original works to which they have rights, which have been approved for sale and which have been collected by at least 50 different unique users, d) upon request, provide copies of personal identification, proof of address and documents supporting the authenticity of the published content, e) have a record of full compliance with the above guidelines for conduct and Sticky NFT Guidelines, f) not be personally or through their nationality subject to legal restrictions such as trade sanctions.
• To be eligible, creations must a) be original works to which creators have rights, b) be available on the Sticky platform (i.e. not have been removed or made private), c) have appropriate metadata, including names and tags.
• Eligible creators may sign up to receive a 50% share of net initial sales. Net initial sales are calculated as the purchase price of coins other users have exchanged with a creator for virtual items a creator has published, the first time they are offered for exchange (i.e. not including any subsequent exchanges that may occur between users after the initial exchange from the original creator to the first acquirers), minus costs such as app store fees (generally 30%); any other payment fees; refunds; taxes; losses from fraudulent purchases and provisions for these costs.
• Creators must request revenue share disbursement via their dashboard on our website. To request disbursement, users must have a balance of at least one million coins, obtained in exchange for items with at least one hundred different unique users.
• For the purpose of disbursements, net sales are calculated during the calendar month following the calendar month of the request for disbursement, and disbursements are generally made at the end of the calendar month following the calendar month of the request. For example, for a request made in March, Net Sales would be calculated in April, and disbursements made at the end of April. For safety, we may exceptionally withhold disbursements if we reasonably believe activity may be fraudulent while matters are being resolved.
• Disbursements are paid exclusively via PayPal, subject to a minimum of US$25. Creators are responsible for reporting and paying any taxes they owe on their revenue share.
• 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.

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 stickycontact@getstic.ky.