Creator Terms and Conditions

Creator Terms & Conditions

GEM Creator Terms & Conditions

Last Updated: January 15, 2026

1. Definitions

For purposes of these Creator Terms & Conditions (the “Creator Terms”):

“Platform” means the GEM video‑on‑demand and related online services, including any websites, apps, and related services operated under the GEM brand.
“GEM” means the entity operating the Platform, together with its parents, subsidiaries, and affiliates.
“Creator” means any individual or entity that submits, uploads, or otherwise provides audiovisual or related content to GEM for review, approval, hosting, distribution, or promotion on the Platform.
“Creator Content” means all films, episodes, shorts, trailers, artwork, stills, scripts, metadata, synopses, and any other materials submitted or made available by a Creator to GEM.
“Services” means the services GEM provides to Creators, including without limitation content intake, quality control review, curation, hosting, streaming, promotion, analytics, and related features and tools.

2. Acceptance of Terms

2.1 By registering as a Creator, submitting Creator Content, or otherwise using the Services in a Creator capacity, a Creator agrees to be bound by these Creator Terms, the general terms of use applicable to all users of the Platform (if any), and any additional policies, guidelines, or rules referenced or incorporated by GEM.

2.2 If a Creator is accepting these Creator Terms on behalf of a company or other legal entity, the Creator represents and warrants that the Creator has authority to bind that entity, in which case “Creator” shall refer to that entity.

3. Account Registration and Eligibility

3.1 Creators must be at least eighteen (18) years of age or the age of majority in their jurisdiction, whichever is higher, and have the legal capacity to enter into binding contracts.

3.2 Creators are responsible for maintaining accurate registration information, including legal name, contact information, and any payment or tax information that may be required for revenue participation or other compensation models.

3.3 Creators are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their accounts. GEM may suspend or terminate accounts where it reasonably suspects unauthorized use, fraud, or violation of these Creator Terms.

4. Ownership of Creator Content

4.1 As between GEM and Creator, the Creator retains all right, title, and interest, including all copyrights, in and to the Creator Content, subject to the license granted to GEM under these Creator Terms.

4.2 Nothing in these Creator Terms shall be construed as transferring ownership of the Creator Content to GEM. Any usage rights are limited to the license granted herein and any separate written agreements signed between GEM and the Creator.

5. Grant of License to GEM

5.1 By submitting Creator Content, the Creator grants GEM a non‑exclusive, worldwide, royalty‑free, sublicensable (solely to service providers and distribution partners), and transferable license to:

review, evaluate, and test the Creator Content for quality control, compliance, and suitability;
host, encode, transcode, store, and technically process the Creator Content for streaming and related services;
publicly perform, display, and make the Creator Content available to users of the Platform, subject to GEM’s acceptance, programming decisions, and any agreed release windows or territories; and
use the Creator Content (including titles, artwork, stills, and brief excerpts) for marketing, promotion, and platform curation, such as thumbnails, playlists, and recommendation rails.

5.2 The license described in Section 5.1 shall continue for as long as the Creator Content is hosted on the Platform, and for a reasonable period thereafter for wind‑down, archival, backup, and dispute resolution purposes.

5.3 GEM has no obligation to host, feature, or continue to make available any Creator Content and may decline, limit, or remove Creator Content at any time as described in Section 9.

6. Originality, Rights Clearance, Actor Releases, and AI Use

6.1 The Creator represents and warrants that the Creator Content is original to the Creator or that the Creator has obtained all necessary rights, licenses, permissions, and clearances for all elements contained in the Creator Content, including without limitation:

underlying scripts, music, sound recordings, images, artwork, and footage;
performances of all actors, voice artists, extras, background talent, and other contributors;
trademarks, logos, and recognizable brands; and
locations, props, and any other material subject to third‑party rights.

6.2 Without limiting Section 6.1, the Creator represents and warrants that:

valid, written actor and talent releases have been secured from all performers whose likeness, image, or voice appears in the Creator Content, granting the Creator the right to license such appearances to GEM for the uses contemplated in these Creator Terms; and
all necessary copyright and trademark permissions, licenses, and consents have been obtained from the relevant rights holders for any copyrighted or trademarked material included in the Creator Content (including music, footage, artwork, logos, and branded content), and that such permissions authorize the exploitation of the Creator Content on the Platform as described herein.

6.3 The Creator represents and warrants that the Creator Content does not infringe or misappropriate any copyright, trademark, trade secret, right of publicity, right of privacy, or other proprietary rights of any third party.

6.4 The Creator represents and warrants that the Creator has not used, and will not use, generative artificial intelligence or similar tools in a manner that creates or exploits digital replicas, simulations, or imitations of real individuals’ likenesses, voices, images, or personas without valid, written, and legally sufficient consent from such individuals, consistent with current U.S. legal standards relating to AI and right of publicity.

6.5 The Creator agrees that Creator Content will not include any AI‑generated content that is substantially similar to, derived from, or trained on third‑party copyrighted works in a manner that would constitute infringement or otherwise violate applicable law.

6.6 Upon GEM’s reasonable request, the Creator shall promptly provide documentation demonstrating the chain of title and rights clearance for the Creator Content, including but not limited to:

actor and talent releases;
music licenses and cue sheets;
location releases;
artwork and footage licenses; and
any AI‑related consents or disclosures.

7. Representations and Warranties

The Creator represents and warrants that:

the Creator has the full right, power, and authority to enter into and perform under these Creator Terms;
the Creator has secured all actor releases and all necessary copyright and trademark permissions as described in Section 6, and is fully authorized to grant the rights set forth in these Creator Terms;
the Creator Content complies with all applicable laws and regulations, including those relating to obscenity, defamation, privacy, publicity, child protection, and intellectual property;
the Creator Content does not contain malware, malicious code, or any technology that may disrupt or damage the Platform or any user’s device; and
all information the Creator provides to GEM is accurate, complete, and current.

8. GEM Review, Approval, and Programming

8.1 All Creator Content is subject to GEM’s quality control, compliance review, and editorial discretion before any public availability on the Platform.

8.2 GEM may:

approve Creator Content for hosting and distribution;
decline to host or distribute Creator Content;
request edits, modifications, or alternative versions; or
remove or restrict Creator Content at any time where GEM determines, in its sole discretion, that the content is not suitable for the Platform, violates these Creator Terms, or poses legal or reputational risk.

8.3 GEM makes no guarantee that any Creator Content will be featured on the Platform, promoted, or achieve any particular level of exposure, engagement, or revenue.

9. Content Removal and Takedowns

9.1 GEM may remove, restrict, or disable access to Creator Content, in whole or in part, without prior notice where:

GEM receives a credible complaint or legal claim alleging infringement or other violation;
the Creator Content appears to violate these Creator Terms or any applicable law;
the Creator’s account is suspended or terminated; or
GEM undertakes a change in platform strategy, curation, or catalog management.

9.2 GEM may implement notice‑and‑takedown procedures consistent with U.S. law and expects Creators to cooperate promptly in responding to takedown requests, counter‑notifications, and related processes.

10. Creator Conduct

10.1 Creators, when using the Platform’s community features (including reviews, comments, ratings, and forums), must comply with all conduct rules applicable to users, including prohibitions on harassment, hate speech, abusive behavior, and personal attacks.

10.2 GEM may suspend or terminate Creator accounts that engage in abusive conduct toward other users, subscribers, or critics, or that attempt to manipulate ratings, reviews, or discoverability of content in bad faith.

11. Indemnification

11.1 The Creator agrees to indemnify, defend, and hold harmless GEM and its officers, directors, employees, agents, partners, licensees, and affiliates from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

the Creator Content;
any breach or alleged breach of these Creator Terms (including failure to obtain actor releases or copyright/trademark permissions); or
any violation of applicable law or third‑party rights by the Creator.

12. Disclaimers and Limitation of Liability

12.1 The Services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non‑infringement.

12.2 To the maximum extent permitted by law, GEM shall not be liable for any indirect, incidental, consequential, special, or punitive damages, or for any lost profits or revenues, arising out of or related to these Creator Terms or the Creator’s use of the Services, even if advised of the possibility of such damages.

12.3 GEM’s total aggregate liability arising out of or related to these Creator Terms shall not exceed the amounts, if any, actually paid by GEM to the Creator in the twelve (12) months preceding the event giving rise to the claim.

13. Termination

13.1 GEM may suspend or terminate a Creator’s access to the Services at any time, with or without notice, for any reason, including for material breach of these Creator Terms or legal risk related to the Creator Content.

13.2 Upon termination, GEM may remove Creator Content from the Platform, subject to reasonable archival and backup retention, and any surviving obligations (including indemnification and limitation of liability) shall remain in effect.

14. Governing Law and Dispute Resolution

14.1 These Creator Terms shall be governed by and construed in accordance with the laws of the United States and the Commonwealth of Pennsylvania, without regard to conflict of law principles.

14.2 Any dispute arising out of or relating to these Creator Terms or the Services shall be brought exclusively in the state or federal courts located in Philadelphia, Pennsylvania, and the Creator consents to the personal jurisdiction of such courts