Standard agreement Fan and Creator
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 and Content creatorinvolved 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 Capablanca Digital OU or any of its Affiliates. its Affiliates may act as Paying Agent in accordance with the instructions of the Creator and the Fan.
Interpretation: For the purposes of this Agreement:
1 - "JustForFansAPP" means a website accessible via justforfans.app url or a web browser.
2 - "Content" means any material uploaded to JustForFansAPP by a User (whether an Author or a Fan), including photos, videos, audio (eg music and other sounds), live streaming material, data, text (eg, comments and checkmarks). Metadata, images, interactive features, emoticons, GIFs, memes and other material
3 - "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.
4 - "Fan" means a User who follows the Creator and can view the Creator's Content.
5 - "Referral" means a user who participates in the JustForFansAPP referral program
6 - "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
7 - "Payment" means (i) all payments made by a Fan in connection with a Fan/Creator Transaction, and (ii) all Referral Payments.
9 - "Subscription" means a fan subscription to a Creator's account
10 - "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.
11 - "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.
Price and Payment: 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 and deduct and pay the commission fee. Amounts due to report creators and (if applicable) users as described on JustForFansAPP
Content License: If a fan has made a fan payment for a fan/reporter transaction, the creator grants the fan a limited license to access the relevant creator content to which the fan/reporter 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. fan. ). with respect to a Process i Additional and technical information that is part of the Fan's access to the Content (for example, caching), in accordance with 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 Section 6 of this Agreement does not imply that the Fan acquires any rights in the relevant Content, which shall remain with the Creator. . Relevant content.
if the Fan user account has been suspended or closed for any reason;
if the Fan violates the JustForFansAPP Usage Rules (with respect to the content in question or not at all);
if the content is removed from the creator's account;
when a Fan closes his or her JustForFansAPP user account.
Cancellations and Returns for each Fan/Creator transaction:
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 You expressly acknowledge to Creator that You will forfeit any legal right Fan/Creator may have under the Consumer Rights Act 2015 or any other applicable law to cancel the Transaction.
This Agreement does not affect the Fan's right to a refund under the Consumer Rights Act 2015 or any other applicable law.
Obligations between Content Creator and Fan for each Transaction between Fan and Creator:
The Fan and the Creator participating in the Fan/Creator Agreement always agree to abide by the rules for acceptable use of JustForFansAPP with respect to relevant Content, including accessing, viewing and communicating with such Content. A fan participating in a fan/creator transaction agrees to make the fan payment required to access, view, or interact with the relevant content. A Content creator who enters into a fan/creator agreement agrees to make the applicable Content available to the fan after the fan has made the applicable fan payment for that Content.
The Creator warrants (makes a legally binding promise) that it has all necessary rights in the subject Content sufficient to license it to Fans in the territory in which Fans have access to the subject Content and that it has obtained all permissions and consents necessary to grant the license under Section 6 of this Agreement.
The Creator is solely responsible for the creation and uploading of the relevant Content. Creator does not warrant that it will continue to create and upload relevant content.
Unless the Creator has acted negligently or breached its obligations, Fans access the Creator's Content at their own risk. No Warranty: A Fan participating in a Fan/Creator Transaction acknowledges that Creators may add and remove Content from their Creator Account at any time, and that Creators have discretion as to what type of Content they make available on their Creator Account. bill. .
In addition, a Fan participating in a Fan/Creator Transaction acknowledges that there may be situations in which the Fan is unable to access Content provided as part of the Fan/Creator Transaction, including:
if the Creator's account has been suspended or terminated;
if the Fan account has been suspended or terminated;
if the availability of all or part of the JustForFansAPP Site is suspended or inaccessible; or if the Creator is unable to create or upload relevant Content in the future.
Terms relating to disputes:
This Agreement shall be governed by and all claims arising out of or in connection with this Agreement shall be governed by the laws of Estonia. An amateur may also invoke the mandatory laws of the country in which they reside.
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