Terms of use

General information

About
By using Implied you agree to these terms. These are Implied's terms of use, and they apply to all users of the Implied platform. "We", "our" or "us" refers to Implied LLC and our subsidiaries. "Implied" refers to this platform and the services offered by us.
By using Implied you agree to these terms and to the other we post on our website. 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 Cookies Policy. We can collect and use your information in accordance with those policies.
Age restrictions   
When you create an account you must provide us with accurate information.
To create an account you must be at least 18 years old. To join a creator's membership as a customer, 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.
Responsibility
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 Implied, 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.
You can find more detailed information in the Security Policy which cover most issues, but if you find a new and creative way to hurt Implied or our community we may take action to prevent it.

Accounts

Definition of Creator
A creator is someone who offers membership to customers on Implied. There are a lot of details here involving payments, fees, taxes and restrictions that you should read in full if you are a creator.
Membership
To become a creator simply launch your page to start your membership. Memberships are for your most passionate fans. You’re inviting them to be part of something exciting that gives them unique benefits they want, like additional access, merchandise, exclusivity, and engaging experiences. In exchange, customers pay on a subscription basis.
Payments
As a creator you make your membership available on Implied, and we provide membership to your customers 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 using contact form on the website. In order to protect creators, we may block customers’ payments if we believe them to be fraudulent.
Sometimes activities like refunds can put your account balance into the negative. If your balance becomes negative then we may recover those funds from future payments.
Commissions
As a creator you are entitled to earn 80% commission of your monthly income at Implied. 
Depending on your customers' locations, some banks may charge your customer a foreign transaction fee for their membership subscription. Implied does not control this charge, but it is typically around 3%.
Tax
We do not handle most tax payments, but we collect tax identification information and report this to tax authorities as legally required. You are responsible for reporting any taxes.
Restrictions
We don't allow creations and benefits that violate our policies:
Your fans must be a minimum age of 18 in order to use Implied. We are not required to allow any particular person or group of persons to be your customer.
As a creator you are also responsible for keeping customer data safe. An account is tied to your creative output and cannot be sold or transferred for use by another creator.
Customers
To become a customer simply create an account, add your preferred payment method and join a creator's membership!
There are two types of membership subscriptions. One is a monthly subscription where you pay per month. The other is a per creation subscription where you pay based on the number of creations a creator posts in that month.
The timing and amount of each membership subscription depends on the creator you support. You can see the details as you join and in the receipt sent to you after each successful payment. You can view all your active membership subscriptions and billing history.
You may cancel your membership subscription at any time. We may grant refunds at our sole discretion.
To become a customer simply create an account, add your preferred payment method and join a creator's membership!
In certain situations you may lose access to a creator's customer-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 customer 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 Implied safe.
Depending on your location, some banks may charge you a foreign transaction fee for your membership subscription. Implied does not control this charge, but it is typically around 3%. Please contact your bank for more information.
Implied's role
We proactively look at some pages and posts on Implied and review reported pages to identify potential violations of our guidelines.
We proactively look at some pages and posts on Implied. 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 Implied.
In most situations we will work with creators to resolve any potential violations and allow the creator to continue using Implied. Terminating accounts is not an action we take lightly and is done in only the most extreme cases.
Please let us know if you see potential violations by reporting it at our website using contact form
As a global company based in the United States with operations in other countries, we must comply with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury. This means that Implied cannot take part in transactions that involve designated people, places, or items that originate from those places, as determined by agencies like OFAC.
We are constantly testing out new features with the goal of making Implied 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 Implied account or perform actions on your behalf. This permission is asked for when you connect your Implied account to these other websites or services. You can learn more in our Privacy Policy.
Account deletion
You can delete your account. We can disable your account at our discretion.
You can permanently delete your account at any time by contacting us. 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.

Intellectual property

Your creations
You keep complete ownership of all creations, but you give us permission to use them on Implied. Make sure you have permission to use creations that you offer on Implied.
You keep full ownership of all creations that you offer on Implied, but we need licenses from you to operate Implied effectively.
By posting creations on Implied 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 customers. 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.
Customers may not use creations posted by creators in any way not authorized by the creator.
Implied's creations
You can use our copyrights or trademarks to promote your Implied 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 Implied page.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.
Indemnity
You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of Implied. 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.

Legal

Warranty disclaimer
We do our best to make sure Implied works as expected, but stuff happens.
Implied 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 liability
If you lose money as a result of using Implied, any payment to you is limited to the amount of money we have earned through your use of Implied.
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 Implied. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Implied. 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.
Complaints Policy

If you have any complaint about content or behavior of users on IMPLIED, please send our complaint form here and be sure to include your name, address, contact details and a description of your complaint. If your complaint is about certain content - including any depictions of you that you would like to request to be removed - then be sure to include the URL for the content that it’s regarding.

Our process for handling complaints is the following:

  1. We will acknowledge that your complaint has been received.
  2. Upon confirmation of receipt of your complaint, we will do our best to investigate your complaint within 7 business days, which may be longer or shorter depending on the nature of your complaint. We may request additional information from you during that time.
  3. If we find that the content violates the Terms of our site, we will immediately remove such content and notify you of such action. With respect to behavior of users that we find violates the Terms of our site, we reserve the right to immediately suspend or permanently ban the user from the site.
  4. If we find that the content or behavior does not violate the Terms of our site, we will notify you of our decision.
  5. Appeals of our decision will be handled in the manner outlined in Terms under Dispute Resolution.

With regards to copyright violations, please refer to the process outlined in our DMCA Policy.

Appeals

If you have been depicted in any content and would like to appeal removal of such content, please notify us by email support@implied.vip. If there should be disagreement regarding an appeal, we will allow the disagreement to be resolved by a neutral party.
Dispute resolution
Dispute We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or related to your use of Implied, and it cannot be resolved after you talk with us, then it must be resolved by arbitration. This arbitration must be administered by JAMS under the JAMS Streamlined Arbitration Rules and Procedures, except as expressly provided below. Judgment on the arbitration entered in any court with jurisdiction. Arbitrations may only take place on an individual basis. No class arbitrations or other other grouping of parties is allowed. By agreeing to these terms you are waiving your right to trial by jury or to participate in a class action or representative proceeding; we are also waiving these rights.
Dispute We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or related to your use of Implied, and it cannot be resolved after you talk with us, then it must be resolved by arbitration. This arbitration must be administered by JAMS under the JAMS Streamlined Arbitration Rules and Procedures, except as expressly provided below. Judgment on the arbitration entered in any court with jurisdiction. Arbitrations may only take place on an individual basis. No class arbitrations or other other grouping of parties is allowed. By agreeing to these terms you are waiving your right to trial by jury or to participate in a class action or representative proceeding; we are also waiving these rights.
For creators and customers who are consumers, we also follow the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness for consumer arbitrations done under these terms. For the purpose of an arbitration subject to the consumer standards, if any portion of these terms do not follow that standard, that portion is severed from these terms.
This clause does not limit either party's ability to file an action in a court with jurisdiction to seek injunctive or other equitable relief for disputes relating to intellectual property, proprietary data or to enforce this dispute resolution clause, including your agreement not to assert claims related to the suspension or termination of another person's account. In any such action, the court rather than an arbitrator must decide whether such a claim is arbitrable and must decide whether the party is entitled to the requested injunctive or other equitable relief.
Governing law
Any disputes with us must be resolved in Sheridan city under Wyoming law.
Wyoming law, excluding its conflict of law provisions, governs these terms and all other Implied policies. If a lawsuit does arise, both parties consent to the exclusive jurisdiction and venue of the courts located in Sheridan, Wyoming.
Everything else
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 Implied after a change means you accept the new terms or policies.
These terms are an agreement with Implied LLC, 30 N Gould St, Suite 4591, Sheridan, WY 82801.

Effective date

Effective immediately for users joining Implied on or after October 1, 2022.