ELXR Terms of Use

Terms of use

ELXR is an Community Engagement Platform that enables creators to be paid by their supporters. One of our foundational principles is to provide equitable revenue to creators for their content, and these terms aim to do that.

Welcome to ELXR!

These are ELXR’s terms of use and they apply to all users of the ELXR platform. “We,” “our” or “us” refers to ELXR Inc. and our subsidiaries. “ELXR” refers to this platform and the services offered by us. By using ELXR 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. But you can rest easy knowing that ELXR never sells data to third parties and guarantees your data privacy.

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 subscription, or provide a subscription 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.

Abusive conduct

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 ELXR, we may be held accountable for what you do with those funds. As a result, we also look at what you do with your subscription 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 ELXR or our community we may take action to prevent it. You can find more detailed information in the Community Guidelines . This policy covers most issues, but if you find a new and creative way to hurt ELXR or our community we may take action to prevent it.

All about being a creator

A creator is someone who creates an Community Engagement Platform on ELXR to interact with members who have purchased subscriptions, tickets and courses to support the creator. 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 Community Engagement Platform. When you join ELXR, you become part of the ELXR community. You can use creator tools that ELXR providesto showcase your creations, sell merchandise to subscribers through ELXR’s Store System, and to receive recurring revenue from your page. Subscriptions are for your most passionate fans. On ELXR, you can provide your subscribers 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 subscribers, and recurring revenue from subscriptions that members have purchased from you through ELXR.

Payments

As a creator you make your Community Engagement Platform available on ELXR, and we provide subscription payments processing to your followers on a recurring basis, and individually processed event and course payments. 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 subscribers’ 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

ELXR does not charge any monthly fee to our creators. Our revenue structure is based on a 80/20 percent split of revenue, with 80% going to the creator and 20% to the platform. ELXR incurs significant expense by providing a complete media management studio service, including native live streams, video on demand, podcasting, blogs, image management and more. To provide these in depth services ELXR provides a risk free service to our creators as they grow their subscriber base.

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 additionally responsible for a number of transactional taxes across the world. These include but are not limited to VAT on payments for electronically supplied services to subscribers in the EU, GST as an operator of an electronic distribution platform (EDP) within Australia, and state sales tax as a result of ‘marketplace laws’ within the United States. For the purpose of electronically-supplied services, creators make a supply of those services to us, and then we supply them to the subscriber. Applicable tax will not be taken from a subscription, but rather will be charged in addition to the subscription. Once settled, the tax amount will be automatically deducted for remittance to the applicable taxing authority. A record of the transaction tax portion of the pledge will be available on your earnings details page. As a creator on our site, it is your responsibility to provide accurate information when you are engaging with the sales tax weighting tool and, generally, when listing benefits transferred within your subscription.

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:

  • Illegal creations or benefits.
  • Creations or benefits that are abusive towards other people.
  • Creations or benefits that use others’ intellectual property, unless you have written permission to use it, or your use is protected by fair use.
  • Creations or benefits with real people engaging in sexual acts.
  • Pornography and nudity and prohibited on the ELXR platform. All content is subject to review before being made available for purchase or publication.

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 ELXR. We are not required to allow any particular person or group of persons to be your subscriber.

As a creator you are also responsible for keeping subscriber 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 ELXR Member

As a member, you’re joining ELXR to be part of an exciting movement to support a creator’s subscription, events and courses, while you get special benefits, which may include access to your creator, merchandise (when offered), exclusivity, and engaging experiences with the creator and subscriber community. In exchange, you pay ELXR for subscription programs, on a recurring basis, to access and support creators you like.

The timing and amount of each subscription depends on the type of 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.

To become a subscriber, simply create an account, add your preferred payment method, and purchase a subscription to start supporting your favorite creator.

You may cancel your payments at any time. Terminating or lowering the tier support of subscription will go into effect in the subsequent (not current) payment term. This includes 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 subscriber of any particular creator.

Creators’ subscriptions 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 ELXR safe.

If you are located in the jurisdiction in which ELXR 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. ELXR remits all tax collected to the applicable taxing authority. As tax is largely dependent 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 subscription. ELXR 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 at our sole discretion.

ELXR's role

We proactively look at some pages and posts on ELXR 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 ELXR.

In most situations, we will work with creators to resolve any potential violations and allow the creator to continue using ELXR. 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 of our Community Guidelines.

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 ELXR 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 ELXR 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, we will explain those differences in the test.

Account deletion

You can permanently delete your account at any time by going to our My Account. From your account page you can set your privacy settings, download a full copy of your ELXR data, and delete your account entirely.

Your creations

You keep full ownership of all creations that you offer on ELXR, but we need licenses from you to operate ELXR effectively. By posting creations on ELXR 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 subscribers. We will never try to steal your creations or use them in an exploitative way. You may not post creations that infringe on others’ intellectual property or proprietary rights. We may ask you for consent verification for collaborators depicted in content funded through ELXR. Subscribers may not use creations posted by creators in any way not authorized by the creator.

ELXR's creations

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 ELXR 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 ELXR. 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 ELXR works as expected, but stuff happens.

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

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 ELXR, then the dispute will be resolved in the federal or state courts located in Eugene, Oregon. Both parties consent to the exclusive jurisdiction and venue of the Eugene, Oregon courts for the purpose of resolving any such dispute. Oregon law, excluding its conflict of law provisions, governs these terms, all other ELXR policies, and any dispute that arises between you and ELXR.

Other Details

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 ELXR after a change means you accept the new terms or policies. These terms are an agreement with ELXR, Inc., 72 West Broadway Suite 202, Eugene, OR 97405.