Standard agreement Fan and Creator
Introduction:
This standard agreement between a Fan and a Creator ("this Agreement") sets forth the terms and conditions that apply to all transactions between a Fan and a Creator on JustForFansAPP.
When is this agreement valid?
When a Fan/Creator transaction is initiated on JustForFansAPP, this Standard Fan/Creator Agreement applies, apart from any other terms offered by the Fan or Creator, and this Standard Fan/Creator Agreement legally binds the Fan and Creator involved in the Fan/Creator transaction.
Parties:
The only parties to this Agreement are the Fan and the Creator who are participating in the Fan/Creator Agreement. Neither Capablanca Digital OU nor any of its Affiliates is a party to this Agreement, and neither Capablanca Digital OU nor any of its Affiliates grants or participates in any Transaction/Fan Creator other than acting as a Paying Agent in accordance with the instructions of the Creator and the Fan.
Interpretation:
For the purposes of this Agreement:
By making a Fan/Creator Transaction, the Fan agrees to pay a valid Fan Fee for the applicable Fan/Creator Transaction in accordance with the price posted on the Creator's account, plus applicable VAT. The Fan and Creator participating in the Fan/Creator Agreement authorize Capablanca Digital OU or its affiliates to act as payment agent and collect, retain, and process Fan Payments and any applicable VAT, deduct and pay the commission fee, and amounts due to Creators and (if applicable) users as described on JustForFansAPP.
Content License:
If a Fan has made a Fan Payment for a Fan/Creator Transaction, the Creator grants the Fan a limited license to access the relevant Creator Content to which the Fan/Creator Transaction relates ("Relevant Content"). This license is non-transferable, non-sublicensable, and non-exclusive, and allows the Fan to access and view the Content on their personal device and through a standard web browser. The license is subject to the JustForFansAPP Acceptable Use Policy.
Ownership of Content:
A Fan who participates in a Fan/Creator Transaction acknowledges and agrees that the applicable content license set forth in this Agreement does not imply that the Fan acquires any rights in the relevant Content, which shall remain with the Creator.
Terms of Use for Fans:
A Fan may lose access to Content if:
Fan acknowledges that the Fan/Creator Transaction will result in Content being made available to Fan prior to the expiration of the 14-day period from the date of the Fan/Creator Transaction, and Fan agrees and acknowledges to Creator that they will forfeit any legal right to cancel the Transaction under the Consumer Rights Act 2015 or any other applicable law. This Agreement does not affect the Fan's right to a refund under applicable law.
Obligations between Content Creator and Fan:
The Fan and the Creator participating in the Fan/Creator Agreement agree to abide by the rules for acceptable use of JustForFansAPP with respect to relevant Content. The Fan agrees to make the required payment to access, view, or interact with the relevant Content. The Creator agrees to make the applicable Content available to the Fan after the payment is made.
The Creator warrants that they have all necessary rights in the Content to license it to Fans in the territory where Fans have access to the Content and have obtained all necessary permissions to grant the license under this Agreement. The Creator is solely responsible for the creation and uploading of the Content. Creators may add and remove Content at their discretion.
Unless the Creator has acted negligently or breached obligations, Fans access the Creator's Content at their own risk.
Terms Relating to Disputes:
This Agreement shall be governed by the laws of Estonia. Fans may also invoke the mandatory laws of the country in which they reside.
This standard agreement between a Fan and a Creator ("this Agreement") sets forth the terms and conditions that apply to all transactions between a Fan and a Creator on JustForFansAPP.
When is this agreement valid?
When a Fan/Creator transaction is initiated on JustForFansAPP, this Standard Fan/Creator Agreement applies, apart from any other terms offered by the Fan or Creator, and this Standard Fan/Creator Agreement legally binds the Fan and Creator involved in the Fan/Creator transaction.
Parties:
The only parties to this Agreement are the Fan and the Creator who are participating in the Fan/Creator Agreement. Neither Capablanca Digital OU nor any of its Affiliates is a party to this Agreement, and neither Capablanca Digital OU nor any of its Affiliates grants or participates in any Transaction/Fan Creator other than acting as a Paying Agent in accordance with the instructions of the Creator and the Fan.
Interpretation:
For the purposes of this Agreement:
- "JustForFansAPP" means a website accessible via justforfans.app URL or a web browser.
- "Content" means any material uploaded to JustForFansAPP by a User (whether an Author or a Fan), including photos, videos, audio (e.g., music and other sounds), live streaming material, data, text (e.g., comments and checkmarks), metadata, images, interactive features, emoticons, GIFs, memes, and other material.
- "Creator" means a User who has set up their JustForFansAPP account as a Creator account to post content on JustForFansAPP for other Users to view.
- "Fan" means a User who follows the Creator and can view the Creator's Content.
- "Referral" means a user who participates in the JustForFansAPP referral program.
- "Fan/Creator Transaction" means any transaction between a Fan and a Content Creator on JustForFansAPP that provides access to Creator Content, including any of the following: (i) subscription, (ii) payments made by Fans to view Creator Content Paid Content (live payment), and (iii) payments made by Fans to use the Fan Communication feature in the Creator account.
- "Payment" means (i) all payments made by a Fan in connection with a Fan/Creator Transaction, and (ii) all Referral Payments.
- "Fee" means a fee charged to Creators pursuant to the JustForFansAPP Terms of Use for content creators.
- "Subscription" means a fan subscription to a Creator's account.
- "VAT" means VAT in the EU and any other taxes in addition to or in lieu of the rate applicable from time to time, and any similar state, federal, provincial or equivalent or municipal levies, duties, taxes, or charges in any other jurisdiction.
- "Taxes" includes all taxes, fees, levies, withholdings at source or tariffs established by state, federal, provincial, municipal or local authorities in the EU or in any other jurisdiction.
By making a Fan/Creator Transaction, the Fan agrees to pay a valid Fan Fee for the applicable Fan/Creator Transaction in accordance with the price posted on the Creator's account, plus applicable VAT. The Fan and Creator participating in the Fan/Creator Agreement authorize Capablanca Digital OU or its affiliates to act as payment agent and collect, retain, and process Fan Payments and any applicable VAT, deduct and pay the commission fee, and amounts due to Creators and (if applicable) users as described on JustForFansAPP.
Content License:
If a Fan has made a Fan Payment for a Fan/Creator Transaction, the Creator grants the Fan a limited license to access the relevant Creator Content to which the Fan/Creator Transaction relates ("Relevant Content"). This license is non-transferable, non-sublicensable, and non-exclusive, and allows the Fan to access and view the Content on their personal device and through a standard web browser. The license is subject to the JustForFansAPP Acceptable Use Policy.
Ownership of Content:
A Fan who participates in a Fan/Creator Transaction acknowledges and agrees that the applicable content license set forth in this Agreement does not imply that the Fan acquires any rights in the relevant Content, which shall remain with the Creator.
Terms of Use for Fans:
A Fan may lose access to Content if:
- The Fan's user account has been suspended or closed for any reason.
- The Fan violates the JustForFansAPP Usage Rules.
- The Content is removed from the Creator's account.
- The Fan closes their JustForFansAPP user account.
Fan acknowledges that the Fan/Creator Transaction will result in Content being made available to Fan prior to the expiration of the 14-day period from the date of the Fan/Creator Transaction, and Fan agrees and acknowledges to Creator that they will forfeit any legal right to cancel the Transaction under the Consumer Rights Act 2015 or any other applicable law. This Agreement does not affect the Fan's right to a refund under applicable law.
Obligations between Content Creator and Fan:
The Fan and the Creator participating in the Fan/Creator Agreement agree to abide by the rules for acceptable use of JustForFansAPP with respect to relevant Content. The Fan agrees to make the required payment to access, view, or interact with the relevant Content. The Creator agrees to make the applicable Content available to the Fan after the payment is made.
The Creator warrants that they have all necessary rights in the Content to license it to Fans in the territory where Fans have access to the Content and have obtained all necessary permissions to grant the license under this Agreement. The Creator is solely responsible for the creation and uploading of the Content. Creators may add and remove Content at their discretion.
Unless the Creator has acted negligently or breached obligations, Fans access the Creator's Content at their own risk.
Terms Relating to Disputes:
This Agreement shall be governed by the laws of Estonia. Fans may also invoke the mandatory laws of the country in which they reside.
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