I was reviewing CB terms as one should do periodically, and I stumbled upon something I hadn't noticed before. It seems like maybe I can, per the Terms Appendix B item 12, promote other platforms that offer live streaming if I am a California resident? My interpretation is maybe hopeful but if it is correct it could be very powerful, assuming CB doesn't ban for some other rule or you know exercise line "V. o. ii" and terminate for no reason at all.
Assuming the rules do allow it, it would still be playing with fire, but I am Danger_Bones after all... How does CB know where I'm streaming from? Sniffing my IP? They would likely ban first and ask question later and I would have to fight my case. That being said a lawyer would have a pretty good case if they put in writing the cause for the ban being promoting another site and CB definitely doesn't want to be on the wrong side of the law when it comes to AB5. For what it's worth I have had a Fansly logo and my Fansly handle displayed in the corner of my stream without receiving harassment for it and my username is slightly different.
Has anyone inquired with CB with regards to this rule?
Best,
Danger_Bones
Relevant lines consolidated:
Terms
V. YOUR ACCOUNT AND GENERAL TERMS APPLICABLE TO ALL USERS
d. Solicitations. Although we do not control Independent Broadcasters and other users' use of the Platform, you may not use the Platform, to promote or advertise any third-party products, sites, or services that deliver live-streaming content. Although, of course, Independent Broadcasters and other Community Members** are free to cam on other sites, you may not use the Platform to solicit any Community Member to utilize another product, site, or service that delivers live-streaming content.
o. Termination
ii. By Us. We may, in our sole discretion, terminate or suspend your access to all or part of the Platform at any time, with or without notice, for any reason or no reason at all, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any activity which we believe, in our sole discretion, to possibly be illegal, fraudulent, abusive, or in violation of our community standards, or our rules, may be grounds for termination of your access to all or part of the Platform at our sole discretion, and we reserve the right to refer any such activity to any appropriate law enforcement agencies.
APPENDIX B TO THE TERMS AND CONDITIONS OF SERVICE
AFFILIATE AND REFERRAL TERMS
12. CALIFORNIA-BASED COMMUNITY MEMBERS. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE AWARE OF CALIFORNIA ASSEMBLY BILL 5 ("AB5") AND ITS REQUIREMENTS FOR CLASSIFYING WORKERS AS INDEPENDENT CONTRACTORS. GIVEN THAT YOU, IN PROMOTING THE PLATFORM, ARE ENGAGED IN AN INDEPENDENT BUSINESS SEPARATE FROM COMPANY'S CORE BUSINESS OF OPERATING A SOFTWARE PLATFORM, ARE AT ALL TIMES FREE FROM THE COMPANY'S CONTROL IN PROMOTING THE PLATFORM (SUBJECT ONLY TO THE RULES AND STANDARDS IN PLACE TO ENSURE COMPLIANCE WITH LAW), AND ARE AT ALL TIMES FREE TO PROMOTE OTHER WEBSITES OR PLATFORMS, YOU AGREE THAT, UNDER THE CRITERIA OF AB5, YOU ARE NOT AN EMPLOYEE OF THE COMPANY AND AFFIRMATIVELY STATE THAT IT IS YOUR PREFERENCE TO BE CLASSIFIED AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE OF THE COMPANY.
Assuming the rules do allow it, it would still be playing with fire, but I am Danger_Bones after all... How does CB know where I'm streaming from? Sniffing my IP? They would likely ban first and ask question later and I would have to fight my case. That being said a lawyer would have a pretty good case if they put in writing the cause for the ban being promoting another site and CB definitely doesn't want to be on the wrong side of the law when it comes to AB5. For what it's worth I have had a Fansly logo and my Fansly handle displayed in the corner of my stream without receiving harassment for it and my username is slightly different.
Has anyone inquired with CB with regards to this rule?
Best,
Danger_Bones
Relevant lines consolidated:
Terms
V. YOUR ACCOUNT AND GENERAL TERMS APPLICABLE TO ALL USERS
d. Solicitations. Although we do not control Independent Broadcasters and other users' use of the Platform, you may not use the Platform, to promote or advertise any third-party products, sites, or services that deliver live-streaming content. Although, of course, Independent Broadcasters and other Community Members** are free to cam on other sites, you may not use the Platform to solicit any Community Member to utilize another product, site, or service that delivers live-streaming content.
o. Termination
ii. By Us. We may, in our sole discretion, terminate or suspend your access to all or part of the Platform at any time, with or without notice, for any reason or no reason at all, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any activity which we believe, in our sole discretion, to possibly be illegal, fraudulent, abusive, or in violation of our community standards, or our rules, may be grounds for termination of your access to all or part of the Platform at our sole discretion, and we reserve the right to refer any such activity to any appropriate law enforcement agencies.
APPENDIX B TO THE TERMS AND CONDITIONS OF SERVICE
AFFILIATE AND REFERRAL TERMS
12. CALIFORNIA-BASED COMMUNITY MEMBERS. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE AWARE OF CALIFORNIA ASSEMBLY BILL 5 ("AB5") AND ITS REQUIREMENTS FOR CLASSIFYING WORKERS AS INDEPENDENT CONTRACTORS. GIVEN THAT YOU, IN PROMOTING THE PLATFORM, ARE ENGAGED IN AN INDEPENDENT BUSINESS SEPARATE FROM COMPANY'S CORE BUSINESS OF OPERATING A SOFTWARE PLATFORM, ARE AT ALL TIMES FREE FROM THE COMPANY'S CONTROL IN PROMOTING THE PLATFORM (SUBJECT ONLY TO THE RULES AND STANDARDS IN PLACE TO ENSURE COMPLIANCE WITH LAW), AND ARE AT ALL TIMES FREE TO PROMOTE OTHER WEBSITES OR PLATFORMS, YOU AGREE THAT, UNDER THE CRITERIA OF AB5, YOU ARE NOT AN EMPLOYEE OF THE COMPANY AND AFFIRMATIVELY STATE THAT IT IS YOUR PREFERENCE TO BE CLASSIFIED AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE OF THE COMPANY.
