This Creator Agreement governs the use of Troglodyte.TV creator channels, publishing tools, storefront features, monetization tools, memberships, premium content and related creator services.
This Creator Agreement (“Agreement”) is entered into between you (“Creator,” “you” or “your”) and Lumumba Investments LLC, doing business as Troglodyte.TV (“Troglodyte.TV,” “Platform,” “we,” “us” or “our”).
This Agreement supplements and incorporates the Troglodyte.TV Terms of Service, Privacy Policy, Refund Policy, Content Guidelines and Copyright Policy.
If this Agreement conflicts with the general Terms of Service regarding creator features, this Agreement controls only with respect to those creator-specific features.
You must be at least 18 years old and legally capable of entering into a binding contract to register as a Creator. If you register for a company, group, label, production company or other organization, you represent that you have authority to bind that organization.
You must provide complete, accurate and current registration, identity, payment, PayPal and tax information. You are responsible for protecting your login credentials and for activity conducted through your account.
Creator accounts may not be sold, transferred, rented or shared with an unauthorized person without prior written approval from Troglodyte.TV.
Troglodyte.TV may require identity, age, business, ownership, PayPal or tax verification before enabling creator features or processing a payout.
Purchasing Creator Membership does not guarantee promotion, featured placement, audience growth, approval for every feature or uninterrupted access. Creator accounts remain subject to payment, identity, security, content-policy and legal review.
Creator tools require an active Creator Membership unless Troglodyte.TV expressly states otherwise. The current price, billing frequency, renewal terms and applicable taxes will be displayed during checkout.
Creator Membership is currently offered for $19.99 per month and automatically renews each month until canceled, unless different terms are clearly displayed and accepted during checkout.
By completing checkout, you authorize Troglodyte.TV and its payment providers to charge your selected payment method for recurring membership fees and applicable taxes until cancellation.
You may cancel Creator Membership online through the current-membership or membership-transactions section of your Troglodyte.TV account. Open your active membership details and select the available Cancel option.
Cancellation prevents the next automatic renewal and ordinarily takes effect at the end of the current paid billing period unless the applicable checkout disclosure, Refund Policy or law provides otherwise.
Canceling Creator Membership does not eliminate obligations arising before cancellation, including customer orders, refunds, chargebacks, payout adjustments, taxes or outstanding balances.
Troglodyte.TV may change Creator Membership pricing prospectively. Advance notice will be provided when required by the applicable agreement or law.
As between you and Troglodyte.TV, you retain ownership of the original content you create and upload, subject to rights owned by other parties.
“Creator Content” includes videos, films, shows, music, recordings, podcasts, livestreams, artwork, photographs, written material, thumbnails, captions, logos, trademarks, product listings, metadata and other material you upload, publish, sell or transmit.
You are responsible for confirming that you own or have obtained every license, consent, release and permission required to upload, display, monetize and authorize Troglodyte.TV to use your Creator Content.
Uploading Creator Content does not transfer ownership of that material to Troglodyte.TV. The Platform does, however, require a limited license to host, process, display, distribute and promote the material.
By submitting Creator Content, you grant Troglodyte.TV a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to host, store, reproduce, encode, transcode, compress, format, adapt, display, publicly perform, stream, transmit and distribute that content as reasonably necessary to:
This license is limited to operating, providing, improving and promoting the Platform and your participation in it. Troglodyte.TV does not acquire ownership of your Creator Content merely because it is uploaded.
The license continues while your content remains available and for a reasonable period afterward for backups, transaction records, legal compliance, dispute resolution, security and previously created promotional materials.
Creator Content and creator activity must comply with this Agreement, the Content Guidelines, the Terms of Service, payment-provider rules and applicable law.
You may not upload, offer, promote or distribute material that:
This list is not exhaustive. The complete Content Guidelines may contain additional restrictions, labeling requirements and prohibited categories.
Before uploading music, films, performances, photographs, artwork, logos, footage or other third-party material, you must obtain all rights required for Platform use and monetization.
Required rights may include:
Troglodyte.TV does not clear these rights for creators. Content being available elsewhere online does not establish permission to upload or monetize it.
Eligible creators may use available monetization features, which may include memberships, premium content, pay-per-view access, merchandise and other tools provided by Troglodyte.TV.
Troglodyte.TV’s current creator model is based primarily on a paid Creator Membership rather than a Platform percentage from qualifying creator sales.
PayPal fees, payment-processing charges, refunds, chargebacks, currency conversion, taxes, reserves and other transaction or third-party costs may still apply.
The transaction information displayed in the creator dashboard, storefront, payment configuration or customer checkout controls for each transaction.
Troglodyte.TV does not guarantee any minimum number of views, followers, subscribers, sales, payouts, sponsorships or earnings.
Creator payouts are issued through PayPal. You must provide and maintain an accurate PayPal account that is eligible to receive payments.
A creator may submit a payout request after the creator’s eligible, available balance reaches at least $25.
Reaching the $25 threshold permits the creator to request a payout but does not guarantee that the payout will be completed immediately. Payouts remain subject to transaction settlement, verification, outstanding refunds, chargebacks, disputes, holds and Platform review.
PayPal controls its own processing procedures, eligibility standards, transaction timing, account restrictions, holds, withdrawal methods, receiving fees and currency-conversion charges.
Applicable PayPal fees may be deducted from the payout or otherwise charged in connection with the payment. Troglodyte.TV does not control PayPal’s fees or processing times.
Troglodyte.TV or its payment providers may delay, offset, withhold or reserve amounts where reasonably necessary to address:
Dashboard balances may be estimates and may not represent finally settled funds available for immediate payout.
Refund eligibility is governed by the Refund Policy, checkout disclosures, applicable product terms and legal requirements.
Amounts associated with refunds, reversals, payment failures, unauthorized transactions or chargebacks may be deducted from the creator’s current or future balance.
Creators must provide requested records and reasonable assistance when Troglodyte.TV investigates a customer dispute, ownership complaint, refund request or chargeback.
Excessive disputes, chargebacks, fulfillment failures or refund requests may result in payout delays, reserves, listing removal, creator restrictions or account suspension.
When offering a paid membership, premium channel, pay-per-view event or other paid access, creators must clearly disclose:
Creators may not advertise benefits, content, access or availability they do not intend or have the legal ability to provide.
If a paid offering is discontinued, the creator remains responsible for obligations to existing purchasers or subscribers, subject to Platform functionality, the applicable policy and law.
Unless Troglodyte.TV expressly agrees otherwise in writing, the creator is the seller responsible for merchandise and physical products offered through the creator storefront.
Creator responsibilities include:
Products must comply with applicable laws, payment-provider rules, shipping restrictions and Troglodyte.TV policies.
Creators are responsible for determining, reporting and paying taxes arising from their creator activity, earnings, sales, products and services, except where the law requires Troglodyte.TV or a payment provider to collect, withhold or remit an amount.
Creators must provide accurate taxpayer information and update that information when it changes. Troglodyte.TV or its payment partners may request information or issue tax forms when required by law.
Troglodyte.TV does not provide personalized legal, tax, accounting or financial advice.
Creators are responsible for ensuring that advertisements, sponsorships, affiliate promotions, endorsements and product placements comply with applicable advertising laws and disclosure requirements.
Material relationships with brands, advertisers or sponsors must be clearly disclosed when disclosure is legally required. Promotional statements must be truthful and not misleading.
Creators may not state or imply that Troglodyte.TV endorses, sponsors or approves them, their content, their products or a third-party promotion without written permission.
Troglodyte.TV may review Creator Content and account activity for policy, legal, payment, security and operational purposes. Troglodyte.TV is not required to review every upload before publication.
If content or activity appears to violate this Agreement, another Platform policy or law, Troglodyte.TV may:
Troglodyte.TV respects intellectual-property rights. Copyright notices and related requests must follow the procedures in the Copyright Policy.
Troglodyte.TV may remove or disable access to content after receiving a legally sufficient copyright complaint and may terminate repeat infringers where appropriate.
Copyright notices may currently be submitted to:
Copyright Contact: Patrice Floyd Jr.
Email:
design@pfloydjr.com
This contact listing does not represent that Patrice Floyd Jr. or Lumumba Investments LLC has been formally registered in the U.S. Copyright Office’s DMCA Designated Agent Directory.
Creators may stop publishing content or cancel Creator Membership through the available account tools.
Troglodyte.TV may limit, suspend or terminate creator access because of:
Termination does not eliminate obligations that arose before termination, including refunds, chargebacks, customer fulfillment, taxes, indemnification, outstanding balances and legal claims.
Troglodyte.TV may add, modify, limit, suspend or discontinue features, integrations, payment options, publishing tools, storage, monetization methods or third-party services.
Troglodyte.TV does not guarantee uninterrupted availability or compatibility with every browser, device, plugin, payment provider or third-party service.
Creators are responsible for maintaining their own backup copies of original content and business records. Troglodyte.TV should not be used as the creator’s only storage location.
You represent and warrant that:
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Lumumba Investments LLC, Troglodyte.TV and their owners, officers, employees, contractors, service providers and agents from claims, damages, losses, liabilities, penalties, costs and reasonable attorneys’ fees arising from or related to:
To the fullest extent permitted by law, creator features and the Platform are provided “as is” and “as available,” without warranties of any kind, whether express, implied or statutory.
Troglodyte.TV disclaims implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Troglodyte.TV does not guarantee that the Platform will be uninterrupted, error-free or completely secure, or that Creator Content will receive any particular audience, placement, revenue or commercial result.
Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply.
To the fullest extent permitted by law, Lumumba Investments LLC, Troglodyte.TV and their related parties will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data, goodwill, audience, opportunity or business interruption.
To the fullest extent permitted by law, their total aggregate liability arising from this Agreement will not exceed the greater of the amounts the creator paid directly to Troglodyte.TV for Creator Membership during the six months before the event giving rise to the claim or one hundred U.S. dollars.
These limitations do not apply where liability cannot legally be excluded or limited.
This Agreement is governed by the laws of the State of California, without regard to conflict-of-law principles, except where applicable law requires otherwise.
Before filing a lawsuit, each party agrees to provide written notice describing the dispute and requested resolution and to attempt in good faith to resolve the matter informally for at least 30 days.
Subject to mandatory legal rights or jurisdictional requirements, unresolved disputes will be brought in the state or federal courts located in Los Angeles County, California.
Nothing in this section prevents either party from requesting emergency injunctive relief, filing an eligible small-claims action or exercising rights that cannot legally be waived.
Troglodyte.TV may update this Agreement to reflect changes in creator services, payment systems, business practices, policies or legal requirements.
Notice of material changes will be provided through the Platform, account dashboard, email or another reasonable method where required.
Continued use of creator features after updated terms take effect constitutes acceptance, except where a different form of consent is legally required.
This Agreement and the policies incorporated into it constitute the complete agreement regarding creator features, except for a separate written agreement signed by an authorized representative.
If a provision is found unlawful or unenforceable, it will be modified or severed to the minimum extent necessary, and the remaining terms will continue in effect.
Failure to enforce a provision does not waive the right to enforce it later.
Creators may not assign this Agreement without prior written consent. Lumumba Investments LLC may assign it in connection with a merger, restructuring, financing, sale of assets or transfer of Troglodyte.TV, subject to applicable law.
This Agreement does not create an employment, agency, partnership, franchise, joint venture or fiduciary relationship. Creators operate independently and remain responsible for their own business activities.
You consent to receive agreements, notices, receipts and related communications electronically, subject to applicable law.
Questions regarding this Creator Agreement may be submitted to:
Lumumba Investments LLC
Doing business as Troglodyte.TV
Los Angeles County, California, United States
Email:
info@troglodyte.tv
Copyright notices may be submitted to:
Patrice Floyd Jr.
Email:
design@pfloydjr.com
By purchasing Creator Membership, creating a creator account or using Troglodyte.TV creator features, you acknowledge that you have read, understood and agreed to this Creator Agreement.
Creators should retain a copy of this Agreement for their records.
