For purposes of these Terms and Conditions; "Model Content" shall refer to any format of media that is uploaded by a registered Model to the Site.
You may apply to become a Model by completing and submitting an application form on the Site. By submitting an application to become a Model, You acknowledge and agree that CheekedUp may decline, reject or refuse your application to become a Model for any reason and without explanation to You. The terms, conditions and price of your membership will depend upon the selected plan.
The application to become a Model will require you to provide your: Legal Name, Display Name, Email Address, Phone Number, Physical Address and Date of Birth. Subject to availability, you may select your own Display Name, provided that such Display Name is not in violation of these Terms and Conditions or any third party’s privacy or intellectual property rights. You will also be required to upload a government issued photo form of identification and a picture of yourself holding such identification for verification purposes. You acknowledge that Empowered Models may, in its sole discretion, require You to provide additional forms of identification as a condition to being accepted as a Model on the Site.
You hereby acknowledge that CheekedUp has the right to cooperate with any law enforcement or government agency that requests or orders Our disclosure of the identity of any Model or persons featured in the Model Content. In light of such acknowledgement, you thereby waive and hold CheekedUp, its directors, officers, managers, members, principals, employees, contractors, agents, successors and assigns harmless from any claims resulting from the disclosure by CheekedUp of any personal information to any law enforcement or government agency.
Models may upload any type of content that is in compliance with these Terms and Conditions and does not violate any law, regulation or any third party’s privacy or intellectual property rights. You acknowledge and agree that there is no confidentiality as to any Model Content that is uploaded to the Site and that you are expressly responsible for the consequences of uploading such Model Content to the Site.
In fulfilling the goals and purpose of the Site and these Terms and Conditions; we may monitor, review, investigate, report, disclose, accept, reject, remove, refuse, display, format, modify, restrict or delete any Content or Model Content in Our sole discretion and without reason, notice or liability to You or any third party. Furthermore, CheekedUp may not review Model Content before it is published on the Site and therefore CheekedUp does not assume any liability or responsibility regarding the publishing, display or transmission of any Model Content.
YOU ACKNOWLEDGE AND AGREE THAT ALL MODEL CONTENT MAY BE DISPLAYED, EXHIBITED, PUBLISHED, DISSEMINATED, VIEWED, DOWNLOADED, DISTRIBUTED OR TRANSMITTED IN VIOLATION OF THESE TERMS AND CONDITIONS AND DO THEREBY ACCEPT AND ASSUME SUCH RISKS ARISING IN CONNECTION THEREWITH.
By submitting Model Content to the Site You do hereby grant CheekedUp and the operators of the Site with a non-exclusive, universe, perpetual, royalty free, transferable and licensable license to edit, delete, modify, disguise, create, develop, adapt, produce, publish, distribute, display, exhibit, broadcast, transmit, and exploit the Model Content in all languages, in all media, whether now known or hereafter devised including without limitation, any and all internet delivery mechanisms for any purpose pursuant to these Terms and Conditions. Additionally, for all Model Content that is submitted to the Site, which is not behind a pay wall, You further grant CheekedUp and the operators of the Site with a non-exclusive, revocable, royalty free, perpetual license use to such Model Content for any promotional or marketing purposes that CheekedUp, in its sole discretion, may elect to use the Model Content for. All licenses and grant or rights set forth in this section shall continue in perpetuity unless terminated by CheekedUp or the Model uploading the Model Content. Model may terminate the license to the Model Content granted to CheekedUp for use of promotional purposes by sending a notice of termination to: firstname.lastname@example.org
Record Keeping Policy
You do hereby represent, warrant and certify that you possess and maintain; (1) appropriate and accurate age verification records made in accordance with and pursuant to 18 U.S.C. § 2257 et. seq. for every individual that is featured in any Model Content that You upload to the Site and (2) a written record of every individual that is featured in any Model Content that You upload to the Site that evidences and affirms each individual’s knowing and voluntary consent to being featured in such Model Content and to having such appearance being published and exhibited on the Site. You hereby acknowledge and agree that CheekedUp may at any time request such age verification and consent records to any Model Content uploaded to the Site and You agree to promptly deliver copies of any requested records to CheekedUp in the manner instructed to You within 5 business days following Your receipt of a request for such records by CheekedUp. You shall indemnify and hold harmless CheekedUp from any claims, demands, liabilities, penalties, fines, costs, expenses (including reasonable attorneys’ fees), damages and losses incurred by CheekedUp as a result of your reach of this section.
Representations & Warranties
As a condition to being permitted to upload Model Content to the Site, You hereby represent and warrant that all Model Content that You upload on the Site:
- Is in compliance with these Terms and Conditions;
- Only features individuals who are at least 18 years of age as of the date that the Model Content was created;
- Only features individuals who have expressly consented to appearing in the Model Content and have authorized you to upload and publish the Model Content on this Site;
- Only features individuals who have furnished government issued photo identification which demonstrates that such individuals have reached the age of 18 as of the date that the Model Content was created;
- Is accompanied by all appropriate age verification record keeping documentation as required under 18 U.S.C. § 2257 et. seq;
- Is owned by You;
- Does not infringe upon the intellectual property or privacy rights of any third party;
- Is not duplicative of other Model Content that You have uploaded to the Site;
- Does not involve any type of deceit, misrepresentation, fraud or any form of falsification;
- Does not contain any depictions of implied, simulated or real instances of
- “revenge porn”;
- Sexual activity involving minors
- Genital mutilation
- Illegal substances
- Any behavior that may be deemed as being unlawful or obscene
- Is not in violation of any law, regulation or treaty and does not involve persons or contain any depictions of individuals involved in sex trafficking, prostitution or contain content that is obscene, lewd, defamatory or libelous
You may be required to provide certain tax documentation (such as a W-9) to Company as a condition to being able to receive payouts. Models shall receive a commission, to be based upon the Model’s number of subscribers, of all revenue earned by CheekedUp for the purchase of the right to view Model Content and any other forms of revenue generated from Your use of the Site and its services. In order for payment to be remitted to You, a valid payout method must be added to your account. Deductions from any monies earned may occur in the event of any violation of our Terms and Conditions or refunds or chargebacks issued in connection with Your Model Content. Any taxes that We are required to collect or pay shall be charged to you at the time a purchase or payment is made and that such taxes may include value added tax, excise tax, duties, custom fees and others. You acknowledge and agree that you are responsible for You are an independent contractor and not an employee of CheekedUp and therefore acknowledge that it is Your responsibility to obtain any licenses necessary and to pay taxes for income earned as an independent contractor of the Company and that You are not entitled to any type of “employee” benefit from Company including, but not limited to, worker’s compensation, disability insurance, vacation or sick pay and You will not be reimbursed for any costs or expenses or expenses.
CheekedUp has the right at any time, in its sole discretion, and without notice to remove, disable, modify and redact any Model Content and to disable, terminate, void or delete any Model account that is registered to the Site. We reserve the right to request supporting documentation regarding any Model Content or any persons featured therein.