Important: This is a legally binding agreement. By clicking "I Accept" or by uploading content to the Platform, you expressly consent to all terms of this Agreement. Please read carefully before proceeding.
1. Parties & Recitals
This Content Creator Merchant Agreement ("Agreement") is entered into between:
- Merchant: KKX LLC, a Wyoming limited liability company operating as Deblur ("Deblur," "Merchant," "we," "us," or "our"), with registered address at 30 N Gould St Ste R, Sheridan, WY 82801 US.
- Content Creator: You, the individual creating and uploading content to the Deblur platform ("Creator," "you," or "your").
WHEREAS:
- Deblur operates a platform that enables content creators to distribute digital content to paying fans;
- Creator wishes to use the Platform to create, upload, and distribute content;
- The parties wish to establish the terms and conditions governing this relationship, including compliance with applicable laws and payment card network rules.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties agree as follows:
2. Definitions
- "Card Brand Rules" means the bylaws, rules, regulations, operating guidelines, and policies of Visa, Mastercard, American Express, Discover, and any other payment card network whose cards are accepted on the Platform.
- "Content" means any images, videos, audio, text, or other material you create, upload, or distribute through the Platform.
- "Depicted Person" means any individual who appears in your Content, including yourself.
- "Platform" means the Deblur website, mobile applications, and all related services.
- "Prohibited Content" means content that violates this Agreement, applicable law, or Card Brand Rules, as specified in Section 4.
3. Express Consent to Agreement
BY CLICKING "I ACCEPT," CHECKING THE ACCEPTANCE BOX, OR BY UPLOADING ANY CONTENT TO THE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT:
- You have read, understood, and agree to be legally bound by all terms of this Agreement;
- You are entering into this Agreement voluntarily and of your own free will;
- You are at least 18 years of age and have the legal capacity to enter into binding contracts;
- You understand that this Agreement creates legally enforceable obligations;
- Your electronic acceptance constitutes your legal signature and has the same force and effect as a handwritten signature.
If you do not agree to all terms of this Agreement, do not click "I Accept" and do not upload content to the Platform.
4. Prohibited Content & Activities
You agree that you will NOT create, upload, distribute, or facilitate any content or activity that:
4.1 Illegal Content
- Depicts, promotes, or facilitates child sexual abuse material (CSAM) or any sexual content involving minors
- Depicts, promotes, or facilitates human trafficking, sexual exploitation, or forced labor
- Depicts, promotes, or facilitates bestiality or sexual acts with animals
- Depicts, promotes, or facilitates non-consensual sexual acts, including rape or sexual assault
- Violates any applicable federal, state, local, or international law or regulation
4.2 Card Brand Rule Violations
You agree to comply with all Card Brand Rules. Without limitation, the following are prohibited under Card Brand Rules and this Agreement:
- Any content depicting or appearing to depict minors in sexual situations, including AI-generated, digitally altered, cartoon, or drawn imagery
- Non-consensual intimate imagery, including "revenge porn" and deepfakes of real persons without consent
- Content depicting incest, whether real or simulated
- Content depicting sexual acts involving unconscious, drugged, or otherwise incapacitated individuals
- Content that sexualizes violence, including rape fantasy, sexual torture, or mutilation
- Content depicting underage role-play, "barely legal," schoolgirl/schoolboy scenarios, or any content suggesting the involvement of minors
- Fraudulent, deceptive, or misleading content or business practices
4.3 Consequences
Violation of this Section 4 may result in immediate content removal, account suspension, account termination, forfeiture of funds (in cases involving CSAM), and referral to law enforcement where required by law. Enforcement actions are governed by the tiered enforcement process described in our Content Policy.
5. Depicted Person Verification
You are solely responsible for verifying the identity and age of ALL persons depicted in your Content. For each Depicted Person, you must:
5.1 Age Verification
- Verify that the Depicted Person is at least 18 years of age at the time the Content was created
- Obtain and retain a legible copy of the Depicted Person's valid government-issued photo identification (passport, driver's license, or national ID card) showing their date of birth
- Confirm that the photograph on the ID matches the person depicted in the Content
5.2 Identity Records
For each Depicted Person, you must maintain records of:
- Full legal name as it appears on their government-issued ID
- Date of birth
- Any stage names, aliases, or usernames used
- A copy of the government-issued photo ID used for verification
- Date the verification was performed
5.3 Production Upon Request
You agree to provide copies of all Depicted Person verification documents to Deblur within 48 hours of request. Failure to produce requested documentation may result in immediate content removal and account suspension pending investigation.
6. Consent to Be Depicted
Before including any person in your Content, you must obtain their informed, voluntary consent to be depicted. This consent must:
- Be given freely, without coercion, duress, or deception
- Be documented in writing (physical or electronic signature)
- Clearly identify the type of content the person is consenting to appear in
- Confirm that the Depicted Person understands the content may include sexual or adult material (where applicable)
- Be obtained BEFORE the content is created, not retroactively
6.1 Your Own Consent
If you appear in your own Content, by uploading such Content you represent and warrant that you consent to your own depiction and to the distribution of that Content through the Platform.
6.2 Withdrawal of Consent
If a Depicted Person withdraws their consent, you must remove all Content featuring that person within 48 hours of receiving notice of withdrawal and notify Deblur immediately.
7. Consent for Public Distribution
By uploading Content to the Platform, you represent and warrant that:
- You consent to the public distribution of your Content through the Platform to paying fans worldwide
- Each Depicted Person has consented in writing to the public distribution of Content in which they appear
- You understand that "public distribution" means the Content may be viewed by any Platform user who pays for access, and you have no control over how viewers may use, share, or retain the Content after viewing
- You have informed each Depicted Person that the Content will be distributed publicly through an adult content platform and they have consented with full knowledge of this fact
Distribution License
By uploading Content, you grant Deblur a non-exclusive, worldwide, royalty-free license to host, store, cache, distribute, display, and transmit the Content solely for the purpose of operating the Platform and fulfilling your distribution instructions. This license terminates when you remove the Content from the Platform, except as required for legal compliance.
8. Compliance & Record-Keeping
8.1 Legal Compliance
You agree to comply with all applicable laws and regulations, including but not limited to:
- 18 U.S.C. § 2257 and 28 C.F.R. Part 75 (record-keeping requirements for visual depictions of sexually explicit conduct)
- The TAKE IT DOWN Act (47 U.S.C. § 230(r)) regarding non-consensual intimate imagery
- All applicable anti-trafficking laws
- All applicable obscenity laws in jurisdictions where your Content is distributed
8.2 Record Retention
You must retain all records required by this Agreement, including identity verification documents, consent forms, and production records, for a minimum of seven (7) years from the date the Content was last distributed. These records must be:
- Organized and indexed by Depicted Person
- Stored securely with appropriate access controls
- Available for inspection or production within 48 hours of request by Deblur or law enforcement
8.3 Card Brand Compliance
You acknowledge that Deblur's ability to process payments depends on compliance with Card Brand Rules. You agree that Deblur may remove Content or suspend your account if required by any Card Brand, payment processor, or acquiring bank, even if the Content does not otherwise violate this Agreement.
9. Representations & Warranties
By entering into this Agreement and uploading Content, you represent and warrant that:
- You are at least 18 years of age
- You have the legal capacity to enter into this Agreement
- All information you provide to Deblur is accurate, complete, and not misleading
- You own or have all necessary rights, licenses, and permissions to upload and distribute your Content
- Your Content does not infringe any third party's intellectual property rights, privacy rights, or other legal rights
- All Depicted Persons in your Content are at least 18 years of age
- All Depicted Persons have provided valid, informed consent to be depicted and to have the Content publicly distributed
- You have obtained and will maintain all required identity verification and consent documentation
- Your Content does not contain any Prohibited Content as defined in Section 4
- You will comply with all applicable laws, regulations, and Card Brand Rules
10. Indemnification
You agree to indemnify, defend, and hold harmless Deblur and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your Content, including any claim that your Content violates any law, regulation, or third-party right
- Your breach of any representation, warranty, or obligation under this Agreement
- Any claim by a Depicted Person regarding consent, age verification, or distribution
- Any claim that your Content infringes intellectual property rights
- Any Card Brand fines, penalties, or assessments resulting from your Content or conduct
- Your failure to maintain required records or produce them upon request
- Any tax liabilities arising from your income earned through the Platform
This indemnification obligation survives termination of this Agreement.
11. Termination
11.1 Termination by Creator
You may terminate this Agreement at any time by closing your Deblur account. Upon termination, your Content will be removed and any outstanding earned balance will be paid according to our standard payout schedule.
11.2 Termination by Deblur
Deblur may terminate this Agreement immediately upon notice if you breach any term of this Agreement. Termination for cause does not affect Deblur's right to pursue damages or other remedies.
11.3 Effect of Termination
Upon termination, the following provisions survive: indemnification (Section 10), record retention obligations (Section 8.2), representations and warranties (Section 9), and any other provisions that by their nature should survive termination.
12. Governing Law & Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of laws principles. Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration in Sheridan County, Wyoming, in accordance with the rules of the American Arbitration Association.
Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights or violation of confidentiality obligations.
13. Contact
For questions about this Agreement, contact:
Acknowledgment
BY CLICKING "I ACCEPT" OR BY UPLOADING CONTENT TO THE PLATFORM, I ACKNOWLEDGE THAT I HAVE READ THIS CONTENT CREATOR MERCHANT AGREEMENT IN ITS ENTIRETY, I UNDERSTAND ALL OF ITS TERMS, AND I EXPRESSLY CONSENT TO BE LEGALLY BOUND BY THIS AGREEMENT.
