Last update : 2023-3-8
Glamorous Diastation is a video creation/sharing platform that enables creators to be supported by their fans.
Diamant Rose’s core policy is to put the interaction between creators and fans first. In order to assure the best experience possible, the users must respect the established following rules.
Definitions
The following are the definitions of the terminologies used in this agreement.
“This service” refers to Glamorous Diastation.
“Users” refers to the people who have created a Glamorous Diastation account and are using this service.
“Creators” refers to those users who create and publish contents or/and create subscription plans on Glamorous Diastation.
“Fans” refers to those users who support creators by watching, sharing and buying content or/and subscribing.
“Content” refers to the creations published on Glamorous Diastation by creators.
The term “Funds” refers to money that users have paid to support creators and which our company should pay to the creators who receive it. Alternatively, it is a generic term for money that our company should pay to creators based on campaigns or other circumstances. When calculating support payments, fees for in-app purchases, based on the regulations of the App Store (Apple Inc.) and Google Play (Google LLC), may be considered.
“Earnings” refers to the remaining amount of the funds after fees have been subtracted. By deducting the following fees, our company will receive those aforementioned fees from the creators.
Platform fee: amount corresponding to the 40%-67% of the funds (transaction fees and taxes not included. Decimal places are rounded to the nearest whole number. Platform fees may be subject to changes).
Payment processing fee: fee dependent on the currency chosen by the user.
“Withdrawable amount” refers to the remaining amounts of the funds after fees have been subtracted that the creator has not received yet. By deducting the following fees, our company will receive those aforementioned fees from the creators.
“Posted data” refers to all of the information that the user published/edited on this service such as profiles, comments sent through the comment function, and also to all sent/published/posted information received by other users on this service.
“Content” refers to texts, audio files, music, images, videos and other information.
“Published content” refers to the content published by creators on this service.
1. Welcome to Glamorous Diastation!
To summarize: by using Glamorous Diastation you agree to these terms.
These are Glamorous Diastation’s terms of use, and they apply to all users of the Glamorous Diastation platform. “We,” “our” or “us” refers to Diamant Rose Co., Ltd. “Glamorous Diastation” refers to this platform and the services offered by us. By using Glamorous Diastation you agree to these terms and to the other policies we post.
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.
2. 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. In order to support a creator and donate, you must be at least 18 years old or have your parent’s permission. In order to create content as a creator, you must be at least 13 years old. In order to create of extreme content (e.g., NSFW content) as creator, you must be at least 18 years old. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account.
3. Abusive conduct
To summarize: Be responsible and do not violate Glamorous Diastation’s 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 Glamorous Diastation, we may be held accountable for what you do with those funds. As a result, we also look at what you do off our platform.
If you find a new and creative way to hurt Glamorous Diastation or our community we may take action to prevent it.
4. All about being a creator
To summarize: A creator is someone who creates content or subscription plans on Glamorous Diastation. Creators engage with fans who have purchased content or subscribed to them to support the creator’s creations.
To become a creator the user must create an account and publish content. By using the tools Glamorous Diastation provides, creators can create content, deliver that content to their fans and earn money regularly. Through Glamorous Diastation creators can provide special offers such as the provision of works and responses to requests. In exchange for these services, creators can receive regular earnings in the form of funds from fans and subscriptions.
4.1 Provision of contents
Through the publication process, creators can post free or paid contents. In order to acquire paid contents some conditions must be fulfilled. Only by fulfilling those conditions users can obtain the view or usage right of those contents. There are two types of paid content: unit sales and subscriptions.
4.2 Unit sales
Unit sales is a feature that allows creators to set prices and detailed terms for each individual content or post, and to publish it for a fee on Glamorous Diastation.
4.3 Subscriptions
The subscription feature is for those fans who want to support a creator. Creators can create subscription plans on Glamorous Diastation and we will provide subscriptions based on those plans to the fans. Created subscriptions give the subscribed fans the view and usage right of the contents included in the subscription plans.
4.4 Payments
Creators can receive earnings from the funds donated by fans. When receiving earnings from funds donated by fans, Diamant Rose deducts fees. For further information about fees, check the dedicated section.
Creators can withdraw their earnings on their PayPal account specified on Glamorous Diastation. Withdrawals can be requested on Glamorous Diastation or by email. Money transfers from us to creators are normally processed 15 business days after the withdrawal application. In case of mistakes, problems related to financial institutions, service maintenance etc. the aforementioned money transfer process might be prolonged to 30 business days maximum.
We also handle payments issues such as fraud, chargebacks and resolution of payments disputes but we cannot assure you that we will always be able to handle every issue that might occur. 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’ 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.
4.5 Fees
As a creator there are two fees associated with your earnings on Glamorous Diastation. The first is the platform fee, which takes place during transactions for paid contents such as unit sales and subscriptions. The second is the payment processing fee, which is dependent on the currency selected by the creator.
4.6 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 when transactions to creators and between creators and fans occur on Glamorous Diastation. These include but are not limited to VAT on payments for electronically supplied services to fans 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 fans.
4.7 Restrictions / Objectionable Content Policy
Glamorous Diastation maintains a zero tolerance policy regarding objectionable content. Objectionable content may not be uploaded or displayed to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to:
(i) sexually explicit materials.
(ii) obscene, defamatory, libelous, slanderous, violet and/or unlawful content or profanity.
(iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent.
(iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms.
(v) gambling, including without limitation, any online casino, sports books, bingo or poker.
Any user can flag content they deem objectionable for review. Content will be moderated by Glamorous Diastation to ensure the timely removal of any and all objectionable content. User accounts which have been confirmed responsible for posting objectionable content will be restricted from access to the Glamorous Diastation app.
If your fans include people under the age of 18, then please remind them that they need permission to support you, and those under the age of 13 cannot use Glamorous Diastation. We are not required to allow any particular person or group of persons to be your fan.
As a creator you are also responsible for keeping fans’ data safe. An account is tied to your creative output and cannot be sold or transferred for use by another creator.
5. All about being a fan
To summarize: A fan is someone who purchases subscriptions and contents to support their favorite creators’ creations. Fans directly interact with creators they support, using tools supplied by Glamorous Diastation, and through our platform have the opportunity to engage with a greater community of fans and creators.
As a fan, you’re joining Glamorous Diastation to be part of an exciting movement to have the chance to get special benefits, which may include access to contents and messages, support creators by subscribing and get closer to creators. You can also engage experiences with creators and other fans.
To become a fan, simply create an account, add your preferred payment method, and enjoy the contents that creators have prepared on Glamorous Diastation! You can start supporting your favorite creators by purchasing individual contents or by subscribing.
By purchasing individual contents, fans can casually support a creator. In exchange for the set amount of money, fans obtain, as compensation, the view or usage right of the purchased contents.
The subscription function allows fans to support creators regularly. When subscribing to a creator, fans must pay a set amount of money to get access for a certain period to the subscription plan’s contents. During the subscription’s validity period, fans obtain the view or usage right of the designated contents.
Creators’ unit sales and subscription plans 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.
The subscription’s renewal is set to be renewed automatically in case fans forget to renew it. The automatic renewal can be switched off by users at any time.
We appreciate your help reporting suspicious creator pages so we can keep Glamorous Diastation safe.You can report them within Glamorous Diastation or at Diamant Rose’s official page.
For unit sales or subscriptions, canceling your payments may result in your loss of access to a creator’s fan-only posts and benefits.
These include when you cancel a 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 fan of any particular creator.
Depending on your location, some banks may charge you a foreign transaction fee for subscriptions. Diamant Rose does not control this charge, but it is typically around 3% . Please contact your bank for more information.
Our policy is “No Refunds”, though we will allow for some exceptions where refunds are granted at our sole discretion.
6. Diamant Rose’s role
To summarize: We proactively look at some pages and posts on Glamorous Diastation and review reported pages to identify potential violations of our guidelines.
We proactively look at some pages and posts on Glamorous Diastation to make sure creators and fans follow our guidelines and rules. We also investigate reports of potential violations. These investigations may include looking at what is supported by funds received through Glamorous Diastation.
In most situations we will work with creators and fans to resolve any potential violations and allow creators to continue using our service. Terminating accounts on Glamorous Diastation is not an action we take lightly and is done in only the most extreme cases.
Diamant Rose reserves the right to cease a creator or fan’s activity on Glamorous Diastation. Cessation of a creator or fan’s activity will prohibit the creator from creating new contents and subscription plans, and prohibit the fan from purchasing new contents and subscriptions. However it will not result in an automatic removal of the creator or fan from the platform, unless there is an independent basis for their removal from the platform.
We are constantly testing out new features with the goal of making Glamorous Diastation better. We may add or remove features, and often test features with a random subset of our community.
7. Account deletion
To summarize: users can delete their accounts. We can disable accounts at our discretion.
Users can permanently delete their accounts at any time by contacting Diamant Rose. We can terminate or suspend accounts at any time at our discretion. We can also cancel any 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 attorneys fees and costs. These terms remain in effect even if you no longer have an account.
8. Your creations and license
To summarize: You keep complete ownership of all creations, but you give us permission to use them on Glamorous Diastation.
You keep full ownership of all creations that you offer on Glamorous Diastation, but we need licenses from you to operate Glamorous Diastation effectively. By posting creations on Glamorous Diastation 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.
8.1 Contents classification
On Glamorous Diastation, every creator’s creation is named as content.
The content published on Glamorous Diastation is divided in two categories: packages and materials.
Every content can be classified in one of these categories.
Package content refers to the content created with the sole purpose to be watched.
Material content refers to those videos, audios and images meant to be used when creating a package content.
8.2 Functions and rights
Glamorous Diastation provides not only the function to watch package contents but also the function that gives users the chance to use available material contents to create package contents.
On Glamorous Diastation, the right to watch a content is called view right. In addition, the right to use material contents to create new package contents is referred to as usage right.
These rights are only valid on Glamorous Diastation and granted by creators and Diamant Rose. We cannot grant their validity outside Glamorous Diastation.
8.3 Creators and rights
When creators publish content as package content they give Diamant Rose the right to grant Glamorous Diastation’s users the view right to that content.
Diamant Rose will give the view right to fans according to the conditions set by the creators.
When creators publish content as material content they give Diamant Rose the right to grant Glamorous Diastation’s users the view and usage right to that content.
Diamant Rose will give the view and usage right to fans according to the conditions set by the creators.
Diamant Rose will not exercise the rights received from the creators indiscriminately. If you have any questions about creators’ activity and rights, please reach out to us.
8.4 Fans and rights
Fans can obtain view and usage rights through free content, unit sales and subscriptions and get access to the aforementioned content according to the obtained rights.
If you have any questions about fans’ activity and rights, please reach out to us.
8.5 Rights guideline
The rights granted to Diamant Rose by creators are exercised to allow interactions between creators and fans within Glamorous Diastation and to promote creators and Glamorous Diastation. We will never try to steal or use your contents abusively.
We prohibit the publication of content that infringe others’ intellectual property or ownership. We may ask for permission from people that appear on paid content. Fans cannot use content published by creators without the creators’ permission.
9. Diamant Rose’s creations
To summarize: You can use our copyrights or trademarks to promote your Glamorous Diastation page and contents, 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 only to promote your Glamorous Diastation 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.
10. Indemnity
To summarize: If we are sued because of your use of or conduct on Glamorous Diastation, 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 Glamorous Diastation. 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.
11. Warranty disclaimer
To summarize: We do our best to make sure Glamorous Diastation works as expected, but stuff happens.
Glamorous Diastation 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 Japan’s law and other regions’ in which Glamorous Diastation is provided. The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third party service providers.
12. Limit of liability
To summarize: If you lose money as a result of using Glamorous Diastation, any payment to you is limited to the amount of money we have earned through your use of Glamorous Diastation.
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 Glamorous Diastation. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Glamorous Diastation. 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.
13. Dispute resolution
To summarize: If you have a problem please talk to us. Any disputes with us must be resolved under Japan’s law.
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 Glamorous Diastation, then the dispute will be resolved in the courts designated by Japan’s law and justice system, or in courts designated by us. Both parties consent to the exclusive jurisdiction and venue of Japan’s courts and of the courts we designate for the purpose of resolving any such dispute. Japan’s law governs these terms, all other Glamorous Diastation policies, and any dispute that arises between you and Diamant Rose.
14. Everything else
To summarize: If there are any changes in these terms and in Glamorous Diastation’s policies we will tell you.
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 needed. 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 Glamorous Diastation after a change means you accept the new terms or policies. These terms are an agreement with Diamant Rose Co., Ltd. effective immediately for users on Glamorous Diastation from July 7th, 2022.