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Terms of use

Empacgh is a membership platform that enables creators to be paid by their fans. One of our core behaviors is to put creators first, and these terms attempt to do that. We know that most people skim through terms of use because they’re boring, but we have done everything we can to make this easy to get through. Above every section we’ll summarize the most important parts, but these summaries are not legally binding, so please look at the full version of the text if you have questions.

 

 

Welcome to Empacgh!

To summarize: by using Empacgh you agree to these terms.

These are Empacgh’s terms of use, and they apply to all users of the Empacgh platform. “We,” “our” or “us” refers to EMPAC – Emperors Academy. and our subsidiaries. “EMPAC” refers to this platform and the services offered by us. By using Empacgh.com you agree to these terms and to the other policies we post. 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 Cookie Policy. We can collect and use your information in accordance with those policies.

Your account

To summarize: You must be at least 13 years old to register for an account. You are responsible for your account.

When you create an account you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes. To create an account you must be at least 13 years old. To join a creator’s membership as a Fans or followers, 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. You can learn more about security on our Security Policy page.

Abusive conduct

To summarize: Be responsible and don’t violate our policies.

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 Empacgh, 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 Community Guidelines and Security Policy. These policies cover most issues, but if you find a new and creative way to hurt Empacgh or our community we may take action to prevent it.

All about being a creator

To summarize: A creator is someone who creates a membership page on Empacgh to engage with Fans or followers who have purchased memberships from Empacgh to support the creator’s creations. There are a lot of details below 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. When you join Empacgh, you become part of the Empacgh community. You can use creator tools that Empacgh provides, showcase your creations, provide merchandise to Fans or followers through Empacgh’s Merch service, and receive recurring revenue from your page. Memberships are for your most passionate fans. On Empacgh, you can provide your Fans or followers something exciting that gives them unique benefits they want, like additional access, merchandise, exclusivity, and engaging experiences. In turn, you will receive loyal support from your Fans or followers, and recurring revenue from memberships that Fans or followers have purchased from Empacgh.

Payments

As a creator you make your membership available on Empacgh, and we provide membership to your Fans or followers 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. In order to protect creators, we may block Fans or followers’ 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 reserve the right to recover those funds from future payments.

Fees

As a creator there are three fees associated with your membership on Empacgh. The first is the platform fee. The second is the payment processing fee. The third is the affiliate fee.

  1. The platform fee is 20% on all your earning. This is what the platform use to manage it’s affairs.
  2. The payment processing fee is 2.9% plus $0.30 per successful pledge for pledges over $3, and 5% fee plus $0.10 per successful pledge for pledges of $3 or less. This fee is taken by the payment service providers.
  3. An optional affiliate commission. We give 10% commission to affiliates promoting your page. We advise all creators to allow affiliate promotion so that their fans or followers can promote them and benefit as well, but the affiliate program is not compulsory. When you opt for affiliate promotion, you will not be charged for direct sales except the sales the affiliates generate for you. You will not have these sales without affiliates promoting you so this is an opportunity for others to promote your product for you to earn more.

You can see how much processing fees are for any membership subscription on your creator dashboard. Depending on your Fans or followers’ locations, some banks may charge your Fans or followers a foreign transaction fee for their membership subscription. Empacgh does not control this charge, but it is typically around 3.0% .

Tax

We collect tax identification information and report this to tax authorities as legally required. You are responsible for reporting any income or withholding taxes which may be due as a result of payments received.

We are not responsible for paying tax for you. You are responsible to pay your tax. If Authorities demand your tax information from us, we will give them the required information as required by law.

Restrictions

We don’t allow creations and benefits that violate our policies. You can learn more by visiting our Community Guidelines and Benefit Guidelines. A summary of those rules is that we don’t allow:

If your fans include people under the age of 18, then please remind them that they need permission to join your membership, and those under the age of 13 cannot use Empacgh. We are not required to allow any particular person or group of persons to be your Fans or followers. As a creator you are also responsible for keeping Fans or followers data safe. You can see what is required in our Data Processing Agreement. An account is tied to your creative output and cannot be sold or transferred for use by another creator.

All about being a Fans or followers

To summarize: A Fans or followers is someone who purchases memberships from Empacgh to support their favorite creators’ creations. Through a paid membership on Empacgh, Fans or followers directly interact with creators they support, using tools supplied by Empacgh, and through our platform have the opportunity to engage with a greater community of Fans or followers and creators.

As a Fans or followers, you’re joining Empacgh to be part of an exciting movement to support a creator’s membership while you get special benefits, like access to your creator, merchandise (when offered), exclusivity, and engaging experiences with the creator and Fans or followers community. In exchange, you pay Empacgh for membership programs, on a subscription basis, to access and support creators you like. To become a Fans or followers, simply create an account, add your preferred payment method, and join a membership program on Empacgh to start supporting your creator! There are three types of membership subscriptions. One is a monthly subscription where you pay per month. The second is a per creation subscription where you pay based on the number of creations a creator posts in that month. You can set a limit on the number of creations you pay for in a single month under the per subscription model. The third membership option is an annual membership, where you pay for a year of access up front, at a discounted rate. Not all offerings allow for all three subscription types. Your options will be presented to you in the payment flow. The timing and amount of each membership subscription depends on the type of membership agreement you enter into, and the creator you support. You can see the details as you join, as well as in the receipt sent to you after each successful payment. You can view all your active membership subscriptions and billing history on your membership page. You may cancel your membership payments at any time. Annual memberships may be cancelled, or increased, but not lowered. Terminating or lowering the tier support of membership will go into effect in the subsequent (not current) payment term, except for annual memberships which can be terminated or increased but not lowered. Increasing your payment to a higher tier level in an annual membership will go into effect in the current payment term. When you increase your payment for an annual membership during the term, you will get a credit for any payment already made in that term. For monthly or per creation payments, canceling your support may result in your loss of access to a creator’s Fans or followers-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 Fans or followers 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 Empacgh safe. If you are located in the jurisdiction in which Empacgh is required to charge and collect tax (e.g. VAT or, sales tax), then this tax is added to the total charge. Except in limited circumstances, this tax is shown when you set up the initial membership subscription. Empacgh remits all tax collected to the applicable taxing authority. As tax is largely dependant on your location, you are responsible for keeping your address complete and up to date. Depending on your location, some banks may charge you a foreign transaction fee for your membership subscription. Empacgh does not control this charge, but it is typically around 3%. Please contact your bank for more information. Refunds. Our policy is No Refunds, though we will allow for some exceptions where refunds are granted in our sole discretion.

Empacgh's role

To summarize: We proactively look at some pages and posts on Empacgh and review reported pages to identify potential violations of our guidelines.

We proactively look at some pages and posts on Empacgh to make sure creators follow our Community Guidelines and Benefit Guidelines. 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 Empacgh. In most situations we will work with creators to resolve any potential violations and allow the creator to continue using Empacgh. Terminating accounts is not an action we take lightly and is done in only the most extreme cases. Empacgh reserves the right to remove a creator or Fans or followers from participating in annual memberships. Removal of the creator or Fans or followers from participation in annual memberships will prohibit the creator from accepting new annual payments, and prohibit the Fans or followers from making new annual payments, but will not result in an automatic removal of the creator or Fans or followers from the platform, unless there is an independent basis for their removal from the platform. Please let us know if you see potential violations of our Community Guidelines. As a global company based in the Ghana with operations in other countries, we must comply with economic sanctions and trade restrictions. This means that Empacgh cannot take part in transactions that involve designated people, places, or items that originate from those places, as determined by agencies like OFAC. 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 Empacgh account or perform actions on your behalf. This permission is asked for when you connect your Empacgh account to these other websites or services. You can learn more in our Privacy Policy.

Account deletion

To summarize: You can delete your account here. We can disable your account at our discretion.

You can permanently delete your account at any time by going to our Privacy Center. On that page you can also see what information is deleted and what we continue to store after the account is deleted. 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 attorney’s fees and costs. These terms remain in effect even if you no longer have an account.

Your creations

To summarize: You keep complete ownership of all creations, but you give us permission to use them on Empacgh. Make sure you have permission to use creations that you offer on Empacgh.

You keep full ownership of all creations that you offer on Empacgh, but we need licenses from you to operate Empacgh effectively. By posting creations on Empacgh 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 Fans or followers. 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. Fans or followers may not use creations posted by creators in any way not authorized by the creator.

Your third-party apps

To summarize: You may grant Empacgh permission to access third-party apps. You may also revoke that permission.

You may grant Empacgh access to your third-party accounts, such as Google, YouTube, Facebook, Instagram, Twitter, and Twitch, in order for some Empacgh features to operate. Each time you connect your third-party account, that third-party account will present a page that describes the information that Empacgh can access. At any time, you can revoke Empacgh’s access to those accounts using the respective third party’s security settings page. These are the links for each service:

Google

Terms of Service

Privacy Policy

Revoke Empacgh’s Access

YouTube

Terms of Service

Privacy Policy

Revoke Empacgh’s Access

Facebook

Terms of Service

Privacy Policy

Revoke Empacgh’s Access

Instagram

Terms of Service

Privacy Policy

Revoke Empacgh’s Access

Twitter

Terms of Service

Privacy Policy

Revoke Empacgh’s Access

Twitch

Terms of Service

Privacy Policy

Revoke Empacgh’s Access

Fans or followers's creations

To summarize: You can use our copyrights or trademarks to promote your Empacgh 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 Empacgh page. You can learn more about the correct use of our logo in our Brand Guidelines. 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

To summarize: If we are sued because of your use of or conduct on Empacgh, you have to help pay for it.

You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of Empacgh. 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.

Warranty disclaimer

To summarize: We do our best to make sure Empacgh works as expected, but stuff happens.

Empacgh 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

To summarize: If you lose money as a result of using Empacgh, any payment to you is limited to the amount of money we have earned through your use of Empacgh.

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 Empacgh. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Empacgh. 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.

Dispute resolution

To summarize: If you have a problem please talk to us. Any disputes with us must be resolved in Ghana under the laws of Ghana.

We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or in relation to your use of Empacgh, then the dispute will be resolved in the courts located in Ghana. Both parties consent to the exclusive jurisdiction and venue of the Ghana courts for the purpose of resolving any such dispute. Ghana law, excluding its conflict of law provisions, governs these terms, all other Empacgh policies, and any dispute that arises between you and Empacgh.

Everything else

To summarize: These terms are the final word on Empacgh’s policies and we will tell you if we change them.

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 Empacgh after a change means you accept the new terms or policies. If you use accessibility tools and have questions or concerns, please contact us at admin@Empacgh.com. Effective immediately for users on Empacgh from December 16, 2020.