CREATOR POLICY
You confirm that you have read and agree to honor the terms
Last Modified: Jan 1, 2025
These Creator Policy is the Terms and Conditions of Use (these "Terms and Conditions") set forth the terms and conditions for the use of the Creators Program (the “Services”) provided by BATTLE PASS to users of the Services (the "Creator" or "Creators" depending upon the context).
1. Definitions
The following words and terms shall have the meanings set forth below when they are used in these Terms and Conditions.
1.1. "Materials" means images, text, videos and any other materials used to produce Contents.
1.2. "Contents" means digital content, such as in-game items, which may be used in Services operated by BATTLE PASS under the brand name "BATTLE PASS" or/and "MUTINY" and its related services (collectively, "Services"), using Materials and Programs.
1.3. "Programs" means application software, computer programs, code, template materials, and any other materials and information provided by BATTLE PASS to Creators under these Terms and Conditions.
1.4. "Separate Terms and Conditions" means terms and conditions separate from these Terms and Conditions that pertain to the Services released or uploaded by BATTLE PASS under names such as "terms," "guidelines," "policies," or the like.
1.5. "Creators Collaboration Contents" means Contents that are (1) created based on a third party’s work(s) that have been designated by BATTLE PASS for such purposes ("Designated Third Party Work"), (2) created in accordance with the requirements separately set forth by BATTLE PASS, and (3) determined by BATTLE PASS to constitute derivative works of a Designated Third Party Work.
2. Consent to these Terms and Conditions
2.1. Creators shall use the Services in accordance with the provisions of these Terms and Conditions. Creators may not use the Services unless they consent to these Terms and Conditions.
2.2. Creators who are minors in the jurisdiction in which the Creators reside may only use the Services by obtaining prior consent from their parents or legal guardians. Furthermore, if Creators will be using the Services on behalf of, or for the purposes of, a business enterprise, then such business enterprise must also consent to these Terms and Conditions prior to using the Services.
2.3. If there are Separate Terms and Conditions applicable to the Services, Creators shall also comply with the provisions of the Separate Terms and Conditions as well as these Terms and Conditions in using the Services.
3. Account
3.2. When registering authentication information in using the Services, a Creator must strictly manage such authentication information under its own responsibility so that it will not be abused. If an operation is performed using the Creator’s authentication information that was registered (including without limitation cases where the Creator is authentication based on a combination of account and password, or based on a comparison of the code uniquely assigned for each mobile phone number sent from a mobile operator and the registered information), we will provide the Services by deeming that such operation is an act by the actual Creator.
3.3. Any Creator who has registered for the Services may delete such Creator’s account and cancel the Services at any time.
3.4. BATTLE PASS may reject the registration for Creator’s account, suspend or delete a Creator's account, suspend the use of all or part of the Services, and/or terminate the agreement entered into between the Creator and BATTLE PASS regarding the Services (including, without limitation, any agreement based on these Terms and Conditions, hereinafter the same) or take any other measure BATTLE PASS reasonably determines to be necessary and appropriate without prior notice to such Creator, in the case that such Creator (in the case where the Creator is a business enterprise, its representatives, officers, employees, persons who substantially have the power to direct its management, agents or brokers) falls under or there is a possibility that such Creator falls under any of the following items:
(1) A Creator is a terrorist organization, criminal organization or any other organization similar or analogous thereto, or a person or organization that makes a demand accompanied by the use or threat of force or arms, or that engages in any illegal or unjust acts similar or analogous thereto (hereinafter referred to as “Organized Crime Group”), a member of or a quasi-member of an Organized Crime Group, related or associated with an Organized Crime Group, or a person or company that has a close relationship or association (including, but not limited to, the provision of funds or any other benefits) with any of the foregoing (hereinafter collectively referred to as “Anti-Social Forces”);
(2) A Creator tarnishes BATTLE PASS’s credibility by spreading false information, using fraudulent means or force, or other unlawful means;
(3) A Creator is in breach of applicable laws and regulations, these Terms and Conditions, or any Separate Terms and Conditions;
(4) A Creator is subject to a petition for attachment, provisional attachment, or auction; procedures such as bankruptcy, civil rehabilitation, corporate reorganization, special liquidation proceedings or similar procedures are commenced; or BATTLE PASS otherwise reasonably determines that there is uncertainty with respect to Creator’s credibility;
(5) A Creator has not used the Services for a certain period of time, or has been reasonably determined by BATTLE PASS to make no use of the Services in the future; or
(6) The relationship of trust with a Creator is lost or BATTLE PASS otherwise reasonably determines that it would not be appropriate for BATTLE PASS to provide the Services to Creator, due to reasons other than as set forth in items (1) to (5) above.
3.5. Any and all rights of Creator to use the Services shall cease to exist when such Creator’s account has been deleted for any reason. Please take note that an account cannot be retrieved even if a Creator accidentally deleted the account.
3.6. Each account in the Services is for exclusive use and belongs solely to the Creator of such account. Unless otherwise set forth herein, Creators may not transfer, lease or otherwise dispose their rights with respect to the Services to any third party, nor may the rights belonging solely to the Creators be inherited or succeeded to by any third party.
4. Privacy
4.1. BATTLE PASS places top priority on the privacy of Creators.
4.3. BATTLE PASS promises to exercise the utmost care and attention to its security measures to ensure the safe management of any and all information collected from Creators.
5. Provision of the Services
5.1. Creators shall supply PCs, mobile phone devices, smartphones and other communication devices, operating systems, communication methods and electricity, etc. necessary for using the Services at their own responsibility and expense.
5.2. BATTLE PASS reserves the right to limit access to all or part of the Services by Creators depending upon conditions that BATTLE PASS considers necessary, such as the age and identification of Creator, current registration status and the like.
5.3. BATTLE PASS may modify all or a part of the contents of the Services when corresponding to any of the following items:
(1) when modification to the contents of the Services, such as addition of functions to or improvement of the Services, conforms to the general interests of Creators; or
(2) in cases other than the preceding item, there is rationality in light of the necessity to modify the contents of the Services, appropriateness of the contents after modification, and other circumstances concerning the modification.
5.4. BATTLE PASS may cease providing all or part of the Services without any prior notice to Creators in case of the occurrence of any of the following:
(1) When conducting maintenance or repair of systems;
(2) When the Services cannot be provided due to force majeure such as an accident (fire, power outage, etc.), act of God, war, riot, labor dispute;
(3) When there is system failure or heavy load on the system;
(4) When securing the safety of Creators or third parties, or in the case of an emergency for the public welfare; or
(5) When BATTLE PASS reasonably determines it to be necessary, other than those set forth in items (1) through (4).
6. Third-Party Services
The Services may contain contents or services provided by third parties other than BATTLE PASS. Such third parties shall bear any and all responsibility regarding such contents and/or services. Furthermore, there may be terms or use or other terms and conditions provided by such third party which are applicable to such contents and services.
7. Production and Use of Contents
7.1. Creators may produce the Contents using the Materials and the Programs and submit the Contents to BATTLE PASS by the method designated by BATTLE PASS for the review conducted by BATTLE PASS for the distribution of the Contents. BATTLE PASS grants to Creators a non-transferable, non-sublicensable and non-exclusive license to use the Programs for the sole purpose of producing the Contents within the Services. Except for the rights expressly granted to Creators herein, all rights in or relating to the Programs are the proprietary property of BATTLE PASS or a third party who has granted the use rights to use to BATTLE PASS.
7.2. BATTLE PASS will review the Contents provided by a Creator pursuant to Clause 8.1 above in accordance with the guidelines separately set forth by BATTLE PASS and notify the review result to the Creator. (For Creators Collaboration Contents, in addition to the aforementioned guidelines, additional and separate guidelines designated by BATTLE PASS shall also apply). If BATTLE PASS determines in the review that the Contents are appropriate, BATTLE PASS may distribute the Contents on a fee basis (including exchanges with prepaid payment instruments or the like (hereinafter collectively referred to as “Prepaid Payment Instruments”) issued by BATTLE PASS) within the services operated by BATTLE PASS any channel as BATTLE PASS deems appropriate in its sole and absolute discretion, and provide the Contents to users of Services.
7.3. BATTLE PASS may distribute the Contents from the date and within the territory selected by the Creator. However, BATTLE PASS may separately designate the terms (including the distribution period and territory) for the distribution of the Creators Collaboration Contents and in such cases the separate terms shall prevail. BATTLE PASS, at the time of distribution, may exclude certain country or region from the territory at the discretion of BATTLE PASS. BATTLE PASS will suspend or terminate the distribution upon Creator's request made in a manner designated by BATTLE PASS. BATTLE PASS may partially or in whole restrict, suspend, or terminate the distribution of the Contents without the prior consent of Creator, if BATTLE PASS reasonably determines that the Contents or the distribution of the Contents are inappropriate (including cases where, after the distribution of the Contents, a violation of the Restrictions set forth in creators guidelines, or a violation of the applicable guidelines and/or terms of use, are identified) or if BATTLE PASS determines that the display and/or motions of the Contents became inappropriate due to system or server’s conditions, such as OS and/or Services’ updates.
7.4. BATTLE PASS may establish reporting system where third parties may report to BATTLE PASS regarding the Contents. BATTLE PASS reserves the right in its sole and absolute discretion to partially or in whole restrict, suspend, or terminate the distribution of the Contents without the prior consent of Creator, if BATTLE PASS reasonably determines that the Contents or the distribution of the Contents are inappropriate based on such reports.
7.5. Creators acknowledge that Users who have received the Contents may continue the use thereof (including BATTLE PASS itself using the Contents to allow such use by Users) after the termination of the distribution of the Contents or the contractual relationship between the Creator and BATTLE PASS hereunder.
7.6. Creators acknowledge that BATTLE PASS and third parties cooperating with BATTLE PASS may use the Content and/or messages posted by Users, with the consent of such users, during the term and after the termination of the contractual relationship between the Creator and BATTLE PASS hereunder.
7.7. BATTLE PASS may use the Contents for advertising and promotion of services operated by BATTLE PASS without the prior consent of Creators.
7.8. BATTLE PASS may, at its own discretion, for example, at time of OS and/or Services’ updates, modify the Contents for the purpose of optimizing the display and/or motions of the Contents within Services.
7.9. By actually using the Services, Creators are deemed to have granted to BATTLE PASS the right to use the Materials and the Contents (including the rights to reproduce, translate, adapt, modify, and publicly transmit, as well as the right to sub-license these rights to a third party) to the extent set forth herein, and thereby BATTLE PASS shall be entitled to such rights. Creators shall not exercise their rights such as moral rights of authors against the use of the Materials and the Contents by BATTLE PASS or third parties designated by BATTLE PASS to the extent set forth above.
7.10. For the use of the Creators Collaboration Contents, Creators shall follow the terms of use separately set forth by BATTLE PASS, including the requirements that, inter alia and aside from the distribution within Services, Creators shall not use the Creators Collaboration Contents for any purpose (including advertising and/or any other marketing activities) without obtaining prior written approval from BATTLE PASS.
7.11. BATTLE PASS may provide to Users functions suggesting Content related to the word(s) used by Users in messages by using a unique algorithm or logic, etc. adopted at the sole discretion of BATTLE PASS (“Auto-suggest Function”). If BATTLE PASS provides the Auto-suggest Function, BATTLE PASS may enable Users to use the Content suggested without charge and without requiring Users to download such Content (such use shall be referred to as “Trial Use”). Creators shall grant the rights enabling Users to use the Trial Use Content to BATTLE PASS in advance. However, Creators may, via the method prescribed by BATTLE PASS, at any time configure their settings to exclude Content from being subject to Trial Use (“Exclusion Settings”). Exclusion Settings may come into effect a few days after they have been made. Further, Creators understand and agree in advance that the results of the Content suggestion via the Auto-suggest Function is due to a unique algorithm or logic, etc. adopted at the sole discretion of BATTLE PASS and that the results of such suggestion may be either advantageous or disadvantageous to Creators.
8. Revenue Sharing
8.1. In accordance with the following provisions, BATTLE PASS will pay to Creators the amount of revenue share calculated in accordance with the following formula for distribution of the Contents. The total revenue will include the Prepaid Payment Instruments exchanged for the Contents. For avoidance of doubt, (1) any revenue of the Contents that are refunded in accordance with the terms of use, policies or the like of the platforms such as Apple App Store and Google Play, (2) any revenue of the Contents that are purchased or reasonably determined by BATTLE PASS to be likely to be purchased through unlawful or inappropriate means, or (3) any a Prepaid Payment Instruments exchanged for Contents that are purchased by Prepaid Payment Instruments that are obtained or reasonably determined by BATTLE PASS to be likely to be obtained through unlawful or inappropriate means, are not included in the total revenue, until it has been reasonably confirmed by BATTLE PASS that such Contents are not purchased through or by using Prepaid Payment Instruments that are obtained through unlawful or inappropriate means. Furthermore, in case Creators use the Services for multiple Contents, as to which formula applies is decided for each of the Contents, in which case, the total amount of revenue share for each Content is hereafter referred to as “Revenue Share”.
FORMULA: Total revenue from sales of the Contents notified as the confirmed amount at the Creator’s My Page - 30% (from sales of the Contents as the fees paid to platforms such as Apple App Store and Google Play for distributing the Contents) ×90%
8.2. When the balance of the Revenue Share exceeds the "Minimum Payment Amount". The Creator makes a request for a payment in a manner designated by BATTLE PASS, and BATTLE PASS will transfer to the Creator the balance of the Revenue Share as of the end of the calendar month when BATTLE PASS receives such a payment request, within approximately 45 days from the date on which BATTLE PASS receives such payment request. BATTLE PASS, however, may pay the balance of the Revenue Share as of the end of every October on the last day of December of that year. No interest shall accrue on any payment of the Revenue Share made to Creators in accordance with the schedules above.
8.3. Any fees associated with transfer of the Revenue Share shall be borne by the Creator, and BATTLE PASS may deduct such fees from the transferring Revenue Share. Unless otherwise set forth in a particular provision, any foreign exchange fees associated with transfer of the Revenue Share shall be borne by the Creator.
8.4. In the event that any distribution of the Contents is subject to any consumption tax or other value-added taxes ("VAT") in accordance with applicable laws and regulations, BATTLE PASS may determine the distribution price for the Contents to be inclusive of such VAT. In such case, the Revenue Share shall be the total revenue from sales of the Contents notified as the confirmed amount, reduced by any applicable VAT, and multiplied by the rate above.
8.5. In the event that any payment of the Revenue Share to Creators is subject to any VAT in accordance with applicable laws and regulations, BATTLE PASS will pay such VAT to Creators.
8.6. In the event that any payment of the Revenue Share is subject to any withholding tax or other similar taxes (the "Withholding Tax") in accordance with applicable laws and regulations, BATTLE PASS will deduct such Withholding Tax from the Revenue Share to be paid. If BATTLE PASS receives valid documents for reduction or exemption of the Withholding Tax from a Creator, BATTLE PASS will take necessary procedures to apply such reduction or exemption and begin to apply such reduction or exemption to the payments for the requests under Clause 8.2 which are made after BATTLE PASS has completed such procedures.
8.7. Creators are deemed to have waived the right to receive the Revenue Share in the following cases:
(1) The Creator breaches these Terms and Conditions or Separate Terms and Conditions;
(2) The Creator's account is deleted;
(3) The Creator does not designate how to receive the Revenue Share within one year after receiving a notice from BATTLE PASS directing the Creator to do so;
(4) The Creator does not receive the Revenue Share within one year after receiving a notice from BATTLE PASS directing the Creator to do so;
(5) BATTLE PASS has been unable to contact the Creator through the contact information registered by the Creator for one year or more; or
(6) The total amount of the Revenue Share not yet received does not exceed the Minimum Payment Amount at termination of the Services by BATTLE PASS.
9. Restricted Matters
BATTLE PASS prohibits Creators from engaging in any of the following acts when using the Services.
9.1. Acts that violate the laws and regulations, court verdicts, resolutions or orders, or administrative measures that are legally binding;
9.2. Acts that may be in violation of public order, morals or customs;
9.3. Acts that infringe intellectual property rights, such as copyrights, trademarks and patent rights, rights to fame, privacy, and all other rights granted by law or by a contract with BATTLE PASS and/or a third party;
9.4. Acts of using excessively violent or explicit sexual expressions; expressions that amount to child pornography or child abuse; expressions that lead to discrimination by race, national origin, creed, gender, social status, family origin, etc.; expressions that induce or encourage suicide, self-injurious behavior or drug abuse; or expressions that include anti-social content and lead to the discomfort of others;
9.5. Acts that lead to the misrepresentation of BATTLE PASS and/or a third party or that intentionally spread false information;
9.6. Acts of exchanging the right to use the Services or Contents into cash, property or other economic benefits, other than by using the method prescribed by BATTLE PASS.
9.7. Acts of using the Services for sales, marketing, advertising, solicitation or other commercial purposes (except for those approved by BATTLE PASS); using the Services for the purpose of sexual conduct or obscene acts; using the Services for the purpose of meeting or engaging in sexual encounters with an unknown third party; using the Services for the purpose of harassment or libelous attacks against third parties; or otherwise using the Services for purposes other than as intended by the Services;
9.8. Acts that benefit or involve collaboration with Anti-Social Forces;
9.9. Acts that are related to religious activities or invitations to religious groups;
9.10. Acts of unauthorized or improper collection, disclosure, or provision of any other person’s personal information, registered information, user history, or the like;
9.11. Acts of interfering with the servers and/or network systems of the Services; fraudulently manipulating the Services by means of bots, cheat tools, or other technical measures; deliberately using defects of the Services; making unreasonable inquires and/or undue claims such as repeatedly asking the same questions beyond what is necessary, and other acts of interfering with or hindering BATTLE PASS's operation of the Services or other Creators' use of the Services.
9.12. Acts of attempting to illegally or improperly manipulate ranking of the Contents, within and outside the Services.
9.13. Acts of decoding the source code of the Services, such as by way of reverse engineering, disassembling or the like, for unreasonable purposes or in an unfair manner;
9.14. Acts that aid or encourage any acts described in Clauses 12.1 to 12.13 above; and
9.15. Acts other than those set forth in Clauses 12.1 to 12.14 that BATTLE PASS reasonably deems to be inappropriate.
10. Responsibilities of Creators
10.1. Creators shall use the Services at their own risk, and shall bear any and all responsibilities for actions carried out under and results from the use of the Services, including, but not limited to, corresponding to any third party claims, demands, and/or lawsuits or the like at their own expense and responsibility. BATTLE PASS’s review, approval or selection of the Contents will not relieve the Creators of any of responsibilities hereunder.
10.2. In the case where BATTLE PASS suffers loss/damages either directly or indirectly (including, without limitation, attorney fees) due to a Creator’s use of the Services (including, without limitation, cases where BATTLE PASS receives a complaint from a third party due to such use), the Creator shall immediately compensate BATTLE PASS for such loss/damage in accordance with BATTLE PASS’s request pursuant to the laws and regulations.
11. NO WARRANTY
BATTLE PASS SHALL PROVIDE NO WARRANTY, EITHER EXPRESSLY OR IMPLIEDLY, WITH RESPECT TO THE SERVICES (INCLUDING THE PROGRAM), THAT THERE ARE NO DEFECTS (INCLUDING, WITHOUT LIMITATION, FAULTS WITH RESPECT TO SECURITY, ETC., ERRORS OR BUGS, OR VIOLATIONS OF RIGHTS) OR AS TO THE SAFETY, RELIABILITY, ACCURACY, COMPLETENESS, EFFECTIVENESS AND FITNESS FOR A PARTICULAR PURPOSE. BATTLE PASS WILL IN NO WAY BE RESPONSIBLE FOR PROVIDING CREATORS WITH THE SERVICES AFTER DELETING SUCH DEFECTS.
12. BATTLE PASS’S LIMITATION OF LIABILITY
12.1. BATTLE PASS WILL NOT BE LIABLE FOR ANY DAMAGE INCURRED BY CREATORS FROM THE USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY MEASURES TAKEN BY BATTLE PASS IN ACCORDANCE WITH THESE TERMS ANS CONDITIONS AND SEPARATE TERMS AND CONDITIONS, UNLESS SUCH DAMAGE IS ATTRIBUTABLE TO THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF BATTLE PASS.
12.2. IF A CREATOR INCURS DAMAGE AS A RESULT OF GROSS NEGLIGENCE ON THE PART OF BATTLE PASS, BATTLE PASS WILL BE RESPONSIBLE TO PROVIDE COMPENSATION FOR THE DAMAGE INCURRED BUT ONLY WITHIN THE RANGE OF (A) THE DAMAGE WHICH IS NORMALLY INCURRED (I.E., EXCLUSIVE OF LOST PROFITS AND OTHER DAMAGES ARISING UNDER SPECIAL CIRCUMSTANCES), AND (B) THE AMOUNT OF BATTLE PASS’S REVENUE SHARE, IF ANY, RECEIVED THROUGH THE DISTRIBUTION OF THE CONTENTS IN THE PARTICULAR CALENDAR MONTH IN WHICH SUCH DAMAGES OCCURRED, AT MAXIMUM.
13. Confidentiality
A Creator shall maintain the confidentiality of the BATTLE PASS’s Confidential Information (meaning any and all information related to customers, products, services, business projects, technologies, know-how, ideas, concepts, etc. of the BATTLE PASS that the UNICORN MEGACORP has expressly indicated as being confidential upon disclosure of the same, regardless of how such information has been disclosed; the same shall apply hereinafter). Except where Confidential Information is required to be disclosed in accordance with relevant laws and/or regulations, the Creator shall not disclose or divulge the UNICORN MEGACORP’s Confidential Information to any third party without the UNICORN MEGACORP’s prior written consent.
14. Relationship between these Terms and Conditions and Laws and Regulations
If the terms of these Terms and Conditions violate any laws and regulations applicable to an agreement between Creators and UNICORN MEGACORP with respect to the Services, such terms, to the extent of such violation, shall not apply to the agreement with the Creators; provided, however, that the remaining terms of these Terms and Conditions shall not be affected.
15. Notification and Contact
15.1. For notifications from UNICORN MEGACORP to Creators regarding the Services, UNICORN MEGACORP will use a method that UNICORN MEGACORP considers appropriate, such as posting in an appropriate place within the Services or on UNICORN MEGACORP’s website.
15.2. For notifications from Creators to UNICORN MEGACORP regarding the Services, Creators shall use the customer inquiry form available on the Services or on UNICORN MEGACORP’s website, or through other means designated by UNICORN MEGACORP.
16. Governing Law and Jurisdiction
These Terms and Conditions will be governed by the laws of Ireland. Any conflicts between Creators and UNICORN MEGACORP that arise from or in connection with the Services shall be resolved under the exclusive jurisdiction of the Ireland. Unless otherwise set forth in the Services.
17. Information Related to EU DSA
For information regarding the European Union’s Digital Services Act (the “DSA”), please refer to the Special Provisions for European Union Users.
Important Note: Project is currently in beta and this document is not final. We reserve the right will be updated this document from time to time.
Please follow the news only in our official social media accounts.
Last updated