AGREEMENT BETWEEN FAN & CREATOR
This Standard Contract between Fan and Creator (this “Agreement") sets out the terms which govern each transaction between a Fan and a Creator on the Platform. Capitalized terms used but not defined in this Agreement shall have the meanings ascribed to them in the Terms of Service (the “Terms”).
This Agreement applies each time a Fan/Creator Transaction is initiated on the Platform. This Agreement will always apply despite any other terms which the Fan or Creator may propose, and this Agreement will legally bind the Fan and Creator participating in the Fan/Creator Transaction.
The Fan or Creator expressly acknowledges that the only parties to this Agreement are the Fan and Creator participating in the Fan/Creator Transaction. Neither BPO nor any of its subsidiaries, affiliates, members, managers, representatives, or agents are a party to this Agreement and thus will have no liability under this Agreement. Neither BPO nor any of its subsidiaries, affiliates, members, managers, representatives, or agents grants any rights in respect of, nor participates in any Fan/Creator Transaction.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PARTICIPATING IN THE FAN/CREATOR TRANSACTION. BY PARTICIPATING IN THE FAN/CREATOR TRANSACTION, OR BY CLICKING TO ACCEPT OR AGREE TO OUR TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY OUR TERMS, INCLUDING THIS AGREEMENT.
IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION IN THIS AGREEMENT, THEN YOU MUST NOT PARTICIPATE IN THE FAN/CREATOR TRANSACTION.
This Agreement may change from time to time. If we make changes, we will notify you by revising the date at the top of this Agreement. Amendments will take effect immediately upon our posting of the updated Agreement. Your continued participation in the Fan/Creator Transaction after receiving the notice of changes means you accept the updated Agreement, so please check this Agreement periodically for updates.
The Fan or Creator expressly acknowledges and agrees that it enters a Fan/Creator Transaction at its own risk and should conduct due diligence on the Fan or Creator (as applicable and as appropriate) before doing so.
Pricing and Payment. By entering a Fan/Creator Transaction, the Fan agrees to pay the Fan Payment applicable to the relevant Fan/Creator Transaction by the pricing published in the Creator's Account. The license of Content. Once the Fan has made the Fan Payment for a Fan/Creator Transaction, the Creator grants 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-sublicensable, and non-exclusive, and permits the Fan to access and view the Relevant Content on the Fan's 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)), by the Terms and Community Guidelines.
Introduction: ("This agreement") sets out the terms which govern each transaction between a Fan and a Creator on BPO When does this agreement apply? Each time a Fan/Creator Transaction is initiated on BPO, 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.
Ownership of Content: The Fan participating in the Fan/Creator Transaction acknowledges and agrees that the license of the Relevant Content provided in Section 2 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. License Expiration.
The Fan and the Creator participating in the Fan/Creator Transaction agree to always comply with the Terms and Community Guidelines about 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 warrants (makes a legally enforceable promise) that it possesses all necessary rights in and to the Relevant Content sufficient to license it to the Fan in the territory in which the Fan will be accessing the Relevant Content and has obtained any permissions and consents needed to grant the license in Section 2 of this Agreement.
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 another breach of duty by the Creator, the accessing by the Fan of the Creator's Content is entirely at the Fan's own risk.
"IRS" means United STATES 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 US or any other jurisdiction. Pricing and payment: By entering a Fan/Creator Transaction, the Fan agrees to pay the Fan Payment applicable to the relevant Fan/Creator Transaction in accordance with the pricing published in the Creator's account plus any IRS which is applicable.
The Fan and Creator participating in the Fan/Creator Transaction authorize BPO or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the Fan Payment and any applicable IRS, to deduct ANY Fees, and to pay out the sums due to Creators and (if applicable) Referring Users, as described in the BPO Terms of Service. The 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-sublicensable, 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 the BPO Acceptable Use Policy. Ownership of Content:
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 the Fan can't access the Relevant Content to be provided under the Fan/Creator Transaction, including if the Creator's Account is suspended, terminated, or deleted; if the Fan's Account is suspended, terminated, or deleted; if the availability of all or any part of the Platform is suspended or inaccessible; or if the Creator is unable to create or upload Relevant Content in the future. Disclaimer of Liability.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE CREATOR BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE FAN’S ACCESS TO, USE OF, OR INABILITY TO USE, THE RELEVANT CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. Covenant Not to Sue. Without in any way limiting the generality of the foregoing, the Fan hereby covenants not to sue or to assert, prosecute, or maintain, directly or indirectly, in any form, any claim, charge, or cause of action against the Creator under Section 7 of this Agreement concerning any matter, cause, omission, act, or thing whatsoever occurring in whole or in part. Miscellaneous.
In the event of a dispute between the Fan and the Creator, each will look solely to the other only, and in no event to BPO or its subsidiaries, affiliates, officers, directors, shareholders, members, managers, successors, or assigns. If any aspect of this Agreement is unenforceable, the rest will remain in effect. Governing Law and Jurisdiction. All matters relating to this Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed by the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, this Agreement shall be instituted exclusively in the courts of Palm Beach County, Florida, or the United States District Court, Southern District of Florida, DADE, BROWARD Division. The Fan and Creator will submit to the personal jurisdiction of the courts located within MIAMI DADE, BROWARD Florida to litigate all such claims or disputes.
Creator Verification. We carefully check all identity and payment details for each creator account application to ensure that individuals can only make an account on their own behalf. We specifically check for any discrepancies between identity documents and the legal name provided in payment methods and employ technological safeguards to prevent creator payment details from being changed by the user.
This is to ensure the creator is receiving payments directly from Beautiful People Only. In certain high-risk jurisdictions or where an account has been flagged for additional security after our initial verification process has been completed, we require an additional "selfie" identification process to log into a creator account at specific intervals (which can include every login). Content Moderation. To prevent and detect harm, we monitor all media uploaded to the platform and remove, and report where necessary, any content that facilitates or coordinates the exploitation of people, including modern slavery and human trafficking. We have continued to enhance the depth and sophistication of our content moderation to ensure compliance with our Terms of Service and Acceptable Use Policy.