Standard Contract between fawnstars and Creator
Introduction: This Standard Contract between fawnstars and Creator ("this agreement") sets out the terms which govern terms and conditions for FDH Enterprises and a Creator on fawnstars, as of section 9 Terms and Conditions
By creating and publishing User Content on fawnstars, you authorize your Fans to access and view (without downloading or copying) your User Content on fawnstars for their own lawful and personal use. You also represent, warrant and undertake that for each submission:
- You own, have a valid licence to, or otherwise control all rights in and to your User Content;
- To the extent your User Content includes or utilises any third-party property, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your User Content;
- You will not post any content depicting any person under 18-years old and seek written consent prior to publishing any collaboration posts depicting other members of fawnstars and maintain such written consent for review.
- You have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submission are in fact 18-years old or older, have provided written consent to form part of a collaboration post; and
- Your User Content is non-confidential and will be made available to your Fans on fawnstars.com.
You grant FDH Enterprises and Our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
For clarification: The clause exists so that we may use your content by adding stickers, text, and watermarks, and to make your content available to Users, as well as for other normal operations of our website. We will never sell your content to other platforms.
- You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
- You shall indemnify FDH Enterprise, FDH Enterprise licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your User Content.
- FDH Enterprise is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.
- Upon signing up to fawnstars.com, you also agree to act as custodian of records for the content that you upload to fawnstars.com.
- Any questions regarding User Content can be addressed by emailing [email protected].
Legal Status, VAT and Taxes
- By selling services on fawnstars, Content Creators acknowledge they have sole responsibility and liability for any and all taxes, contributions, commissions, or other sums arising out of the sales and confirm whether or not they have a registered business and/or VAT number and agree to provide the full legal name of the business and/or valid VAT ID.
- The Creator acknowledges the business is subject to VAT for services supplied at the applicable rate in the country where the customer resides.
- If the Creator is a non-EU established supplier and provides services to EU residents, the Creator shall pay VAT at the rate applicable to the customer’s country of residence or in one EU Member State for the declaration and payment of VAT on all distance sales of services to customers within the EU.
- If the Content Creators is VAT registered and based outside of the UK, the Creator confirms and acknowledges they are responsible to make the declaration of both their token redemption purchase (input VAT) and FDH Enterprises supplier’s sale (output VAT) in their VAT return, as a reverse charge transaction. FDH Enterprises will submit a Business to Business Purchase Invoice when the Creator receives a withdrawal of funds from their fawnstars account, stated “Reverse Charge Applies” along with the company’s 2-digit ISO country code and UK VAT registration number.
Standard contract between fan and creator
- Introduction:This Standard Contract between Fan and Creator ("this agreement") sets out the terms which govern each transaction between a Fan and a Creator on Fawnstars, as of section 8 Terms and Conditions.
- When does this agreement apply?Each time a Fan/Creator Transaction is initiated on Fawnstars, this Standard Contract between Fan and Creator will apply to the exclusion of any other terms which the Fan or Creator may propose, and this Standard Contract between Fan and Creator will legally bind the Fan and Creator participating in the Fan/Creator Transaction.
- Parties:The only parties to this agreement are the Fan and Creator participating in the Fan/Creator Transaction. Fawnstars is not a party to this agreement and neither grants any rights in respect of, nor participates in, any Fan/Creator Transaction, except for acting as a payment intermediary in accordance with the Creator’s and Fan’s instructions set out in section 5 of this agreement.
- Interpretation: In this agreement, defined terms have the following meanings:
- "Fawnstars" means the website accessed via the URL www.Fawnstars.com or via any web browser;
- "Content" means any material uploaded to Fawnstars by any User (whether a Creator or a Fan), including any photos, videos, audio (for example music and other sounds), data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
- "Creator" means a User who has set up their Fawnstars account as a Creator account to post Content on Fawnstars to be viewed by other Users;
- "Fan" means a User who follows a Creator and is able to view the Creator's Content;
- "Referring User" means a User who participates in the Fawnstars Referral Program;
- "Fan/Creator Transaction" means any transaction between a Fan and a Creator on Fawnstars by which access is granted to the Creator's Content in any of the following ways: (i) a Subscription, (ii) payments made by a Fan to view a Creator's pay-per-view Content (pay-per-view media and pay-per-view live stream), and (iii) Token payments made by a Fan to use the fan interaction function on a Creator's account;
- "Fan Payment" means (i) any and all Token payment exchanges made by a Fan in respect of any Fan/Creator Transaction, and (ii) any and all tips;
- "Subscription" means a Fan's monthly Token subscription to a Creator's account;
- "VAT" means United Kingdom value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and
- "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the UK or any other jurisdiction.
Pricing and payment:By entering into a Fan/Creator Transaction, the Fan agrees to pay the Fan Payment applicable to the relevant Fan/Creator Token Transaction in accordance with the pricing published in the Creator's account. The Fan and Creator participating in the Fan/Creator Transaction authorise FDH Enterprises Ltd or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the Fan Payment and to pay out the sums due to Creators, as described in the fawnstars Terms of Service.
License of Content:Once the Fan has made the Fan Payment for a Fan/Creator Transaction, the Creator grants to the Fan a limited license to access the applicable Content of that Creator to which the Fan/Creator Transaction relates (the "Relevant Content"). This license is non-transferable, non-sub licensable and non-exclusive, and permits the Fan to access and view the Relevant Content on the Fan's personal device and via a normal web browser (and to make a temporary copy of such Content only to the extent that this is an incidental and technical process forming part of the Fan's accessing the Content (i.e. caching)), in accordance with section 4 the fawnstars T&Cs
Ownership of Content:The Fan participating in the Fan/Creator Transaction acknowledges and agrees that the license of the Relevant Content provided in section 6 of this agreement does not result in the Fan acquiring any rights in or to the Relevant Content, which rights shall be retained by the Creator of the Relevant Content.
Expiry of license:The license granted to a Fan in relation to the Relevant Content will expire automatically without notice in the following circumstances:
- if the Fan Payment related to the Fan/Creator Transaction was unsuccessful, or is charged back or reversed for any reason;
- in respect of pay-per-view Content, once the Fan has completed viewing the Content;
- in respect of Subscriptions, at the end of the subscription period.
- if the Fan's User account is suspended or terminated for any reason;
- if the Fan acts in breach of the Fawnstars Permission and Restrictions (whether in relation to the Relevant Content or at all);
- if the Content is removed by the Creator from the Creator's account;
- if the Fan closes their fawnstars User account.
Cancellation and refunds:In respect of every Fan/Creator Transaction
- The Fan acknowledges that the Fan/Creator Transaction will result in a supply of the relevant Content to the Fan before the end of the period of 14 days from the date when the Fan/Creator Transaction is entered into, and the Fan gives his or her express consent to this and confirms to the Creator that he or she is aware that any statutory right to cancel the Fan/Creator Transaction which the Fan has under the Consumer Rights Act 2015 or any other applicable law will therefore be lost.
- This agreement does not affect any statutory right to receive a refund from the Creator which a Fan may have under the Consumer Rights Act 2015 or any other applicable law.
Obligations between Creator and Fan:In respect of every Fan/Creator Transaction:
- The Fan and the Creator participating in the Fan/Creator Transaction agree to comply at all times with the fawnstars Terms and Conditions in relation to the Relevant Content, including when accessing, viewing and interacting with it.
- The Fan participating in the Fan/Creator Transaction agrees to make the Fan Payment required to access, view or interact with the Relevant Content, and agrees not to initiate a chargeback other than if the Fan disputes the Fan/Creator Transaction in good faith.
- The Creator participating in the Fan/Creator Transaction agrees to make the Relevant Content available to the Fan once the Fan has made the Fan Payment applicable to the Relevant Content.
- The Creator is solely responsible for creating and uploading the Relevant Content. The Creator provides no guarantees that it will continue to create and upload Relevant Content on an ongoing basis.
- Unless there has been negligence or other breach of duty by the Creator, the accessing by the Fan of the Creator's Content is entirely at the Fan's own risk.
Expiry of Tokens: Tokens purchased by a Fan or sold to a Creator in relation to token sales will expire automatically without notice in the following circumstances:
- Dormant tokens in a Fans account will expire 36 months from date of purchase. FDH Enterprises Ltd reserves the right to remove the tokens free of charge from the Fans account and settle any applicable VAT and taxes incurred once reimbursed at no additional cost to the Fan.
- Dormant tokens sold by a Creator will expire 36 months from the date of receipt if not redeemed. FDH Enterprises Ltd reserves the right to remove the tokens free of charge from the Creators account. The Creator will be responsible to settle any outstanding VAT and taxes incurred from the sales.
No guarantees:The Fan participating in the Fan/Creator Transaction acknowledges that Creators may add and remove Content at any time from their Creator account, and that Creators have the discretion to decide what sort of Content to make available on their account. In addition, the Fan participating in the Fan/Creator Transaction acknowledges that there may be circumstances where it is not possible for the Fan to access to Relevant Content to be provided under the Fan/Creator Transaction, including:
- if the Creator's account is suspended or deleted;
- if the Fan's account is suspended or deleted;
- if the availability of all or any part of fawnstars 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 is governed by English law and English law will apply to any claim that arises out of or relates to this agreement. The Fan will also be able to rely on mandatory rules of the law of the country where he or she lives.
Where claims can be brought:
- If this agreement is with a Fan resident in the United Kingdom or the European Union, any claim under this agreement may be brought in the courts of England and Wales or the courts of the country where the Fan lives.
- If this agreement is with a Fan resident outside of the United Kingdom or the European Union any claim under this agreement must be brought in the courts of England and Wales, unless the Fan and Creator otherwise agree.