Terms of Service

Definitions:

In these Terms following terms have the following meanings:

“Chargeback” a bona fide demand by a credit-card provider for Cummins Cowgirl LLC to make good the loss the credit card provider has incurred because the User has without justification disputed a purchase for which the User paid for using the User’s credit card;

“Creator” a Cummins Cowgirl User who uploads Content on the Website to be viewed or consumed by other Users;

“Commission” the amount calculated as a percentage of the Revenue paid by subscribers to view a Creator’s User Content or to use the Fan Interaction;

“Incentive Payment” the payments that are made by Cummins Cowgirl LLC to Users who introduce new Users to the Cummins Cowgirl site, which shall be equal to 5% of all the Commission earned by the Referred User.

“Fans” a User who follows another Creator and views the Creator’s User Content;

“Fans Interaction” any functionality offered by a Creator as part of that Creator’s User Content which is hosted by Cummins Cowgirl which allows a Fan to interact with (as opposed to just view) the User Content and or the Creator.

“Cummins Cowgirl” the social network of Users operating on the Website which enables Users to provide and view User Content and where appropriate, utilize Fan Interaction;

“Payment Provider” any third party approved by Cummins Cowgirl LLC which enables a User to make payments or a Creator to receive payouts;

“Payout Options” the instruction given by each Creator to a Payment Provider as to how Commission will be transferred by the Payment Provider to the Creator;

“Refund” the return of monies to a Fan after a bonafide dispute, often issued prior or during a chargeback claim;

“Revenue” the money paid by a Fan to Cummins Cowgirl LLC to view User Content or to use Fan Interaction;

“User” any user of the Website, whether a Creator or a Fan;

“User Content” any photos, videos, documents, mp3, and other material uploaded onto the Website by a Creator;

“Website” the website at cumminscowgirl.com

1. About

1.1 Cummins Cowgirl accessed at Cummins Cowgirl APP is a social media website/application and application service that allows users to upload content, photos, and videos to their profile, setting a monthly subscription fee/price and therefore earning money from any paying subscribers (“Fan”). Cummins Cowgirl is operated by Cummins Cowgirl LLC. Cummins Cowgirl LLC is governed by the laws of the state of California

1.2 These Terms of Service, together with our Privacy Policy and Community Guidelines (“Terms”), govern your use of Cummins Cowgirl, including any content, functionality, and services offered on or through the App, Website, SaaS, or Platform. By registering with and using Cummins Cowgirl, you hereby accept and agree to be bound by and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the services or website by any means.

1.3 This Website is offered and available to users who are 18 years of age or older. By using this website and service you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must NOT access or use the premium service in any way. Deactivate your account or contact our support team to assist you with deactivation.

1.4 We reserve the right to make changes to these Terms at any time and our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. By continuing to use Cummins Cowgirl, you agree to these Terms as modified. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

1.5 By using Cummins Cowgirl you consent to receive communications from us electronically, including emails, in-app messages, and/or notifications posted to your Cummins Cowgirl account, all as more fully detailed in our Privacy Policy. You acknowledge and agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to withdraw your consent to receiving communications from us at any time, please email support@cumminscowgirl.com, notifying us of your withdrawal of consent.

1.6 We do NOT own user/creator generated content on Cummins Cowgirl and views expressed by creators/users on Cummins Cowgirl do not represent the views of Cummins Cowgirl LLC. All User Content transactions and interactions on Cummins Cowgirl are between Users and at no point does Cummins Cowgirl LLC become a party to any transaction or interaction between Users.

1.7 We reserve all the rights within our sole discretion at any time and without notice to:

1.8 From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users.

2. How It Works

2.1 Cummins Cowgirl is a social media platform that lets you create a User profile, which in turn allows you to:

2.2 The term “User” refers to all users, whether using the Website/service to earn money or to subscribe to others.

2.3 The term “User Content” means any media uploaded by Users (content creators.)

3. Account Registration

3.1 To register and create an account on Cummins Cowgirl, you must provide a valid email address, a username, and a password. It is a condition of your use of the service and Website that all the information you provide on the Website is correct, current, and complete.

3.2 You agree that all information you provide to register with this service and website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take for your information consistent with our Privacy Policy.

3.3 If you are wanting to subscribe to other users’ profiles you will need to add a payment card to your account. When adding a payment card, your card information is stored by a payment processor, which is called Stripe; your card information will be stored by a different payment processor Stripe. However, Cummins Cowgirl reserves the right to change the payment processors it uses at any time and without notice to you. Cummins Cowgirl does not store any payment card information or your financial data. This information is secured with Stripe.

3.4 If you are wanting to earn money from other users subscribing and following your profile, you will need to add a bank account and upload a valid form of Identification. You may also need to submit additional legal information, such as a W-9 if you are resident in the United States of America (the exact information required will depend on your country). Your earnings will be paid into your bank account, via one of our payout processors or direct bank wire, Cummins Cowgirl does not store any bank account information or data, which is stored by our third-party payout processors/merchants.

3.5 By registering on Cummins Cowgirl, you confirm that:

3.6 You are fully responsible for any activities that occur on your account and you are responsible for keeping your login details confidential and secure. You agree not to disclose these details to any other person or entity and immediately notify us at support@cumminscowgirl.com if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each use/session. You should use particular caution when accessing your account from a public or shared computer and/or internet network so that others are not able to access, view, or record your password, content, or other personal information.

3.7 We have the right to disable any user name, account, password, or another identifier, whether chosen by you or provided by us, at any time and at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. Cummins Cowgirl LLC holds all rights.

4. Subscriptions, Purchases, and Payment of Revenue

4.1 Cummins Cowgirl LLC will procure that Payment Providers ensure that Creators will receive the Commission from Cummins Cowgirl LLC with the difference between the Revenue and Commission being the management, processing, or other platform fees (which will include Incentive Payments) levied by Cummins Cowgirl LLC and payments due to the Payment Providers. The Commission will be 80% of the Revenue generated by subscribers/fans paying to view User Content uploaded by you or fan Interactions.

4.2 To view User Content or utilize Fan Interactions and features on the Cummins Cowgirl platform, users MUST first register an account, read and agree to the Terms Of Service, then add a payment card to their account, and then click the ‘Subscribe’ button on the relevant Creator’s profile. Your payment card details will be passed to a Payment Provider which will take payment from your payment card and pay it into the Cummins Cowgirl account.

4.3 Depending on your use of Cummins Cowgirl the Payment Provider will take monthly payments or will take payments for purchases such as Fan Interaction. However, you may cancel the monthly payments at any time by selecting cancel subscription inside the “Manage account” section on your dashboard. If you cancel your monthly payments you will continue to be permitted to view the Creator’s User Content until the end of the existing billing period, after which no further payments will be taken from your payment card and you will no longer be able to view the relevant Creator’s User Content or engage with the creator with the platform’s functionality.

4.4-4.8 Cummins Cowgirl LLC receives the Revenue and holds the Commission on behalf of the relevant Creator, and not on your behalf as a Fan. Once Cummins Cowgirl LLC has received payment from you as a Fan you have no further liability to the relevant Creator and the Creator can allow you as a Fan to view their User Content or utilize Fan Interactions and functionality.

4.9 Cummins Cowgirl LLC will take payment of the Revenue from the Fan and hold the Commission in Cummins Cowgirl capacity as the agent platform for the Creator.

5. Refunds

5.1 ALL PURCHASES MADE ON AND THROUGH the Cummins Cowgirl platform ARE FINAL AND NOT REFUNDABLE Users are entitled to cancel any subscription they choose, for any reason, at any time they choose, thereby ensuring that they will not be billed again for the subscription in the future.

Cancelling your subscription is convenient and can be easily done through multiple methods.

– Option A) Inside the “Manage Subscription” section.

– Option B) Contacting our team on the Cummins Cowgirl platform in the “Contact Us” section

– Option C) Inside the searchable FAQ’s section under “Cancel Account”

– Option D) Submitting a ticket via the “Training” page inside the user dashboard

5.2 However, any purchase made on Cummins Cowgirl by users and subsequently subject to a charge-back will result in the User’s account being immediately and permanently excluded from using the Cummins Cowgirl platform. We reserve the right to limit, ban, or deactivate any user’s account per our sole discretion.

The Refund or Chargeback amount may be removed from the earning Creator’s income. The Creator may be alerted to the Fan Refund or Chargeback.

7. Account Deactivation

7.1 Should you wish to deactivate your Cummins Cowgirl account, please contact Cummins Cowgirl customer support at support@cumminscowgirl.com to submit your deactivation request. We will deactivate your account within 7-10 working days after receiving your request. You can also deactivate your account from inside your user profile settings. In-app/service deactivation occurs within 7-10 working days.

8. Intellectual Property Rights

8.1 Other than User Content, the Website/service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensor(s), or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

8.2 You must NOT reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows:

8.3 If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website/service content in breach of the Terms, your rights to use the Service/Website will stop immediately and you must, at our discretion, return or destroy any copies of the materials you have made.

8.4 Other than User Content, no right, title, or interest in or to the Service/Website or any content on the Service/Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the service not expressly permitted by these Terms may be a breach of these Terms and may violate copyright, trademark, and other laws.

8.5 The Cummins Cowgirl name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliate partners or licensor(s). You must not use such marks without our prior written and signed permission. All other names, logos, products, and services names, designs, content, and slogans on the Website are the trademarks of their respective owners.

9. License

9.1 Subject to all of the terms, conditions, limitations, and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive, and limited license to use our service/website for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of Cummins Cowgirl other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us.

9.2 We do not warrant that Cummins Cowgirl is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not Cummins Cowgirl is compatible with your electronic devices. From time to time we may make updates to Cummins Cowgirl and will make such updates available through the website and software services.

10. Acceptable Use

10.1 We require that all Users respect and comply with these Terms below, at all times, when using Cummins Cowgirl.

10.2 You may not make a post(s) or upload(s) that contain explicit content or pornography and:

(a) in our sole discretion is obscene, illegal, fraudulent, defamatory, libellous, hateful, discriminatory, threatening or harassing, or in any way incites violence or any of the aforementioned prohibitions;

(b) violate another’s copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image, or other identities of another without proper consent);

(c) promotes or advertises adult or erotic escort services;

(d) promotes or advertises firearms or other weapons, tobacco, drugs, or drug paraphernalia;

(e) advocates or promotes any illegal activity, or advocates, promotes, or assists any unlawful act;

(f) in our sole discretion causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or bother any other person;

(g) involves in such things as contests, sweepstakes, and other sales promotions, barter, gambling, or advertising;

(h) gives the impression that it emanates from or is endorsed by us or any other person or entity if this is not the case;

(i) Promotes pornography

10.3 Any content posted that is reported by another User or Cummins Cowgirl, and that is deemed unacceptable by Cummins Cowgirl, will be deleted and the User notified via email. Users who repeatedly violate our Acceptable Use Policy may be deactivated. If we become aware that a Cummins Cowgirl User is underage, we will promptly deactivate that User’s account and delete all information and content of that User from Cummins Cowgirl. If you are a parent or legal guardian and become aware that your minor-child has registered on Cummins Cowgirl, please immediately notify us at Cummins Cowgirl and deactivate your minor’s account.

10.4 We do not allow images of unaccompanied minors, as you must be over the age of 18 to use Cummins Cowgirl. If you post photos of your children, please make sure that you are in the photo as well. If you see a profile that includes an unaccompanied minor, please report it immediately.

10.5 By registering an account with Cummins Cowgirl, you represent and warrant that:

10.6 If you are using Cummins Cowgirl on behalf of a business or other entity, you warrant that you are authorized to grant all the licenses stipulated in these Terms and that you are authorized to bind the business or other entity to these Terms.

11. User Content

11.1 By creating and publishing User Content on Cummins Cowgirl, you authorize your Fans to access and view (without downloading or copying) your User Content on Cummins Cowgirl for their own lawful and personal use. You also represent, warrant, and undertake that:

11.2 You grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such user-generated content material.

11.3 You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

11.4 You shall indemnify us, our licensees, successors, and assigns against all liabilities, costs, expenses, damages, and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation, and all interest, penalties, and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your User Content or posts.

11.5 We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Cummins Cowgirl Service or Website.

11.6 Upon signing up to the Cummins Cowgirl platform, you also agree to act as the custodian of records for the content that you upload to the Cummins Cowgirl site.

11.7 Any questions regarding User Content can be addressed by emailing www.cumminscowgirl.com at support@cumminscowgirl.com

12. DMCA

12.1 To comply with the U.S. Digital Millennium Copyright Act (Title 17, United States Code) (“DMCA”), we will respond to proper notifications of claimed copyright infringement and will take appropriate action including removing or disabling access to the allegedly infringing User Content and, if deemed appropriate by Cummins Cowgirl, terminating the account of the User who published the content.

12.2 To notify us of claimed copyright infringement, please contact our customer support team by email at Cummins Cowgirl or using the in-service “report” feature.

12.3 Under the DMCA, a notification of claimed copyright infringement must include all of the following:

12.4 If we remove or disable access to your Content in response to a DMCA notification of claimed copyright infringement, we will make reasonable efforts to notify you, and you may make a counter-notification.

12.5 A DMCA counter-notification must include all of the following:

12.6 If we receive a proper counter-notification from you, we will notify the party alleging copyright infringement and will reinstate your User Content that was removed or disabled within 15-60 business days following our receipt of your counter-notification unless the party alleging copyright infringement notifies us first that it/he/she has filed a court action against you.

12.7 Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or a counter-notification may be liable for damages.

13. Linking to the Website and Social Media Features

13.1 within our sole discretion you may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

13.2 The Website may provide certain social media features that enable you to:

13.3 You may use these features solely as they are provided by us, solely concerning the content they are displayed with. However, you must not:

13.4 You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

13.5 We may disable all or any social media features and any links at any time without notice at our discretion.

14. Links from the Website

14.1 If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, without limitation, banner advertisements, and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

15. Referral Program

15.1 Every user with a Cummins Cowgirl account has a unique referral URL that allows users to earn income from any other user who signs up via their referral link. To ensure the referral is successful, the new user must register with Cummins Cowgirl using the same browser that they used to click the referral link. More information on how the Referral Program works can be found on the Cummins Cowgirl platform

15.2 Cummins Cowgirl pays Users who refer other Users 5% of all total income earned by the referred User and the payment of this referred income is processed on the first calendar business day of each month. This referral income is deducted from the Cummins Cowgirl fee and not from the income of the referred User.

15.3 For a User to be successfully added to another User’s referral program, that user must sign up to Cummins Cowgirl via a unique referral URL. In no event will Cummins Cowgirl be liable to add a user to a referral account if that user has not signed up via the correct referral link.

15.4 Users may not use Google Ads to impersonate Cummins Cowgirl to refer to other Users.

16. Disclaimer of Warranties; Limitations of Liability

By using Cummins Cowgirl, you acknowledge and agree as follows:

use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to your use of (or your inability to use) Cummins Cowgirl or any of its services or features, nor shall Cummins Cowgirl be held liable in the event your User Content is illegally distributed by another User, however where such distribution does occur please contact us at Cummins Cowgirl as we are invested to help prevent the continuance of such distribution where we are reasonably able to do so.

16.2 Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitation may not apply to you. In such case, our total and aggregate liability to you arising out of or related to your use of (or your inability to use) Cummins Cowgirl or any of its services or features shall be limited to the maximum extent permitted by law or, if no amount is specified, one dollar USD ($1.00).

17. User indemnification

17.1 By using Cummins Cowgirl, you agree to indemnify and hold harmless us and our employees, agents, representatives, successors and assigns from and against any claims, demands, causes of action, actions, suits, proceedings, judgments, orders, damages, liabilities, losses, costs, and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) arising out of or related to any of the following:

18. Governing Law and Dispute Resolution

18.1 You and we agree that these Terms shall be governed by and construed by the laws of Indiana in The United States (without regard to the conflict of laws provisions thereof) and that any dispute between you and us concerning Cummins Cowgirl or arising out of or related to these Terms shall be resolved exclusively in the courts of Indiana in the United States.

18.2 Except where prohibited by applicable law, any claim or cause of action by you concerning Cummins Cowgirl or arising out of or related to these Terms must be filed within one year (12 months) after such claim or cause of action arose, or forever be barred.

19. Waiver and Severability

19.1 No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19.2 If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

20. Entire Agreement

20.1 The Terms constitute the sole and entire agreement between you and us regarding the Website, services, and platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service/Website.

21. Contact

If you have any questions, comments, complaints, or concerns about Cummins Cowgirl, please contact our support team at support@cumminscowgirl.com