Contract between Fan and Creator

1. Introduction

This Agreement (the “Agreement”) sets forth the terms governing interactions between a Fan and a Creator on the UpFan.me platform. By engaging in a transaction on UpFan.me, both parties agree to abide by these terms as well as UpFan.me’s Terms of Service.

2. Definitions

For the purposes of this Agreement, unless otherwise specified:

  • “Content” refers to any material uploaded by a Creator on UpFan.me and made available to the Fan, including but not limited to photographs, videos, audio recordings, and written documents.
  • “Creator” refers to the individual holding a Creator account on UpFan.me and providing Content to Fans.
  • “Fan” refers to the individual purchasing Content from a Creator through UpFan.me.
  • “Referring User” refers to a user participating in the UpFan.me referral program.
  • “Fan Payment” refers to any payment made by a Fan to a Creator on UpFan.me.
  • “UpFan.me Fees” refers to the fees charged by UpFan.me or any of its subsidiaries to facilitate transactions.
  • “Subscription” refers to a recurring payment made by a Fan to a Creator for continuous access to their Content.
  • “VAT” refers to value-added tax, applicable to goods and services in various countries.
  • “Tax” refers to any applicable taxes, including but not limited to VAT, that may be charged on Fan Payments or UpFan.me Fees.
  • “Transaction” refers to any purchase made by a Fan from a Creator via UpFan.me or one of its subsidiaries.

3. Relationship Between the Parties

  • UpFan.me is not a party to transactions between Fans and Creators. The platform acts solely as a technical and financial intermediary facilitating these transactions.
  • The Creator is solely responsible for the Content they publish and provide to Fans.
  • The Fan is responsible for ensuring that all payments made are authorized and that they comply with the platform’s Terms of Service.

4. Content License and Usage Rights

  • When a Fan purchases Content or subscribes to a Creator, they are granted a personal, non-transferable right to access the Content.
  • Redistributing, reselling, reproducing, screen capturing, or recording Content is strictly prohibited, unless explicitly authorized by the Creator.
  • The Creator retains full intellectual property rights over their Content.

5. Pricing and Payment

  • By initiating a Fan-Creator Transaction on UpFan.me, the Fan agrees to pay the Fan Payment amount as set by the Creator, plus any applicable VAT.
  • UpFan.me or one of its subsidiaries acts as a payment intermediary and is authorized to:
    • Collect, hold, and process the Fan Payment and any applicable VAT.
    • Deduct UpFan.me Fees before distributing the remaining balance to the Creator.
    • Process payouts to Creators and Referring Users in accordance with the defined terms.
  • All payments are final and non-refundable, unless expressly stated otherwise.

6. Fan Obligations and Conduct

The Fan agrees to:

  • Use UpFan.me in compliance with applicable laws and the Terms of Service.
  • Not share, resell, or distribute purchased Content without the Creator’s authorization.
  • Not harass, intimidate, or send offensive messages to Creators.
  • Not request or encourage Creators to post illegal, offensive, or prohibited Content under UpFan.me’s policies.

7. Creator Obligations and Responsibilities

The Creator agrees to:

  • Only publish Content they own the rights to and that complies with applicable laws.
  • Not upload Content that involves minors, illegal activities, or any violation of platform rules.
  • Respect the privacy and rights of their Fans.
  • Not use UpFan.me for off-platform transactions (circumventing the platform).

8. Suspension and Termination

  • UpFan.me reserves the right to suspend or terminate an account in case of a violation of these terms.
  • If a Fan’s account is terminated, access to purchased Content will be immediately revoked without refund.
  • If a Creator’s account is terminated, ongoing subscriptions may be refunded to Fans at UpFan.me’s discretion.

9. Privacy and Data Protection

  • UpFan.me is committed to protecting users’ personal data in accordance with its Privacy Policy.
  • Transactions are secure, and payment information is not shared between users.
  • Creators and Fans must respect the confidentiality of interactions on the platform.

10. Liability and Limitations

  • UpFan.me does not guarantee that the available Content will meet Fans’ expectations.
  • UpFan.me is not liable for disputes between Fans and Creators.
  • In the event of a breach of these terms by a Fan or a Creator, UpFan.me reserves the right to take any necessary action, including account suspension and legal proceedings.

11. Governing Law and Disputes

  • This Agreement is governed by the laws of the jurisdiction where UpFan.me is registered.
  • Any disputes related to this Agreement shall be resolved through arbitration or before the competent courts.

12. Amendments to the Agreement

  • UpFan.me reserves the right to modify this Agreement at any time.
  • Users will be notified of any significant changes, and their continued use of the platform after such changes constitutes acceptance of the revised Agreement.

13. Acceptance of Terms

By using UpFan.me, the Fan and the Creator acknowledge that they have read, understood, and agreed to the terms of this Agreement.