Fan and Creator Agreement
Effective date: January 8th, 2024
1. Preamble: This Fan-Creator agreement ("the Agreement") establishes the terms governing each transaction between a Fan and a Creator on or through any platform or service provided or offered by FanRealm Inc. (“FanRealm”, or the “FanRealm Platform”).
2. Applicability: This Agreement applies to every transaction between a Fan and a Creator (each a “Fan-Creator Transaction”) initiated on or through the FanRealm Platform, superseding any contrary terms proposed by the Fan and/or Creator. The Agreement exclusively binds the Fan and Creator involved in the Fan-Creator Transaction. Both the Fan and the Creator (each a “Party” and collectively, the “Parties”) hereby acknowledge and understand that this Agreement is exclusively between the Parties and FanRealm is not a party to this Agreement, except when acting as a payment intermediary as specified in Section 4.
3. Definitions:
FanRealm Platform: means the platform, services, and tools offered or provided by FanRealm through its website www.FanRealm.com or any applications it may develop or provide to users in the future.
Content: means material uploaded by Users, including photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and other material.
Creator: means a User with a Creator account, posting Content on The FanRealm Platform.
Fan: Represents a User following a Creator, capable of viewing the Creator's Content.
Fan-Creator Transaction: Denotes any transaction between a Fan and a Creator on the FanRealm Platform
Fan Payment: Encompasses payments made by a Fan, including tips.
FR Fee: means the fee charged to Creators as per Section 5 of the FanRealm Platform Terms of Use for Creators.
Subscription: means a Fan's subscription to a Creator's account.
VAT: means Canada’s value-added tax and similar indirect taxes in other jurisdictions.
Tax: means all forms of tax and statutory charges across various jurisdictions.
4. Pricing and Payment: By participating in a Fan-Creator Transaction, the Fan agrees to pay the applicable Fan Payment and VAT. FanRealm may act as a payment intermediary, collecting, holding, and processing payments as outlined in the FanRealm Platform Terms of Service.
5. License of Content: Upon Fan Payment, the Creator grants the Fan a limited, non-transferable license to access the Relevant Content. This license allows viewing on personal devices via a web browser, subject to the FanRealm Platform Acceptable Use Policy.
6. Ownership of Content: The Fan acknowledges the license does not confer ownership of the Content, retaining all rights with the Creator.
7. Expiry of License: The license expires under specified conditions, including unsuccessful payments, completion of pay-per-view viewing, Subscription termination, and account suspension or closure.
8. Cancellation and Refunds: The Fan expressly waives any and all statutory cancellation rights for Fan-Creator Transactions completed within 14 days provided that statutory refund rights under applicable laws remain unaffected by this Agreement.
9. Obligations between Creator and Fan: Parties each agree and acknowledge that each must adhere to the FanRealm Platform Acceptable Use Policy, with the Fan making the Fan Payment and refraining from chargebacks in good faith. The Creator warrants that it holds the rights to the relevant Content and is solely responsible for its creation and ownership.
10. No Guarantees: The Fan acknowledges Creators may add or remove Content at their sole and absolute discretion. Access to Relevant Content may be affected by various factors, including account status and Content availability.
11. Dispute Resolution Terms:
The laws of the Province of Ontario Canada govern this Agreement, and any claims arising hereunder fall under Canadian jurisdiction.
Claims by UK or EU Fans may be brought in England and Wales, while claims by Fans outside the UK or EU must be brought in Canadian courts unless mutually agreed otherwise.
Fans outside the UK or EU must be brought in Canadian courts unless mutually agreed otherwise.