Contract Between Fan and Creator
Contract Between Fan and Creator
1. Introduction
This Contract between Fan and Creator ("this Agreement") governs each interaction between a Fan and a Creator on MeGirlNextDoor.
2. Scope
This Agreement is legally binding and applies each time a Creator Interaction is initiated on MeGirlNextDoor. This Agreement applies to the exclusion of any other terms which the Fan or Creator may propose.
3. Parties
The only parties to this Agreement are the Fan and Creator participating in the Creator Interaction. The Company and/or its Subsidiaries are not parties to this Agreement or any Creator Interaction except as set forth below.
4. Interpretation
In this Agreement, defined terms have the following meanings:
- "Company": Browwn House Ltd
- "Content": any material uploaded to MeGirlNextDoor by any User, including any photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever
- "Creator": a User who has set up their MeGirlNextDoor account to post Content for Fans to view
- "Creator Interaction": an interaction on MeGirlNextDoor that grants access to a Creator's Content, including: (i) a Subscription, (ii) a payment for pay-per-view Content, and (iii) any other interaction or payment between a User and a Creator's account or Content, including direct messages
- "Creator Interaction License": the non-transferable, non-sublicensable, and non-exclusive rights each Creator grants to Relevant Content
- "Creator Earnings": the portion of a Fan Payment payable to a Creator pursuant to the Terms of Service
- "Fan": a User who has registered for an account and who can access a Creator's Content via a Creator Interaction
- "Fan Payment": any payment related to a Creator Interaction
- "Indirect Sales Taxes": any Tax that is statutorily applied to Fan Payments in any relevant jurisdiction
- "Paid Relevant Content": any Content for which the Fan must make a Fan Payment
- "Relevant Content": the applicable Content of a Creator to which a Creator Interaction relates
- "Subscription": a Fan's binding agreement to obtain access for a specific period of time to all Content that a Creator makes available to Fans in exchange for authorizing automatic renewal payments, excluding individually priced content
- "Upload": publish, display, post, type, input, or otherwise share any material whatsoever on MeGirlNextDoor
- "User": any user of MeGirlNextDoor, whether a Creator or a Fan or both
5. Pricing and Payment
The Fan entering into a Creator Interaction agrees to pay the applicable Fan Payment plus any Indirect Sales Tax, which the Company and its Subsidiaries are authorized to collect. The Company is also authorized to deduct its fees and pay out Creator Earnings.
6. Subscriptions and Renewals
When you select "Subscribe," you agree to start a Subscription. A Subscription will automatically renew at the current rate (plus Indirect Sales Tax). You authorize the Company to charge you again after each Subscription, unless:
- Your payment is declined and you have not provided another payment method,
- The Subscription price has increased,
- You switched off the “Auto-Renew” feature on the Creator's account, or
- You close your MeGirlNextDoor account before the new subscription period begins.
7. Licence of Content
As part of a Creator Interaction, the Creator grants a Creator Interaction License. The Creator Interaction License permits a Fan access to Relevant Content.
8. Ownership of Content
The Creator Interaction License does not grant any Fan ownership rights to the Relevant Content.
9. Expiry of Licence
The Creator Interaction License expires automatically without notice:
- If the Fan Payment related to the Creator Interaction was unsuccessful, charged back, or reversed;
- If the Creator deletes either the Relevant Content or their Creator account;
- When an active Subscription period ends;
- If the Fan's User account is suspended or terminated;
- If the Fan breaches the MeGirlNextDoor Terms of Service;
- If Relevant Content is removed from the Creator's account or the Creator's account is suspended or terminated; and
- If the Fan closes their account.
10. Removal of Content
The Company reserves the right to remove any Content from a Creator's account at any time. The Fan participating in the Creator Interaction acknowledges that Creators may remove Content, including pay-per-view Content, at any time.
11. Cancellation and Refunds
In respect of every Creator Interaction:
- The Fan will gain access to the Relevant Content within 14 days of the Creator Interaction. The Fan agrees that any statutory right to cancel the Creator Interaction under applicable consumer protection laws is not applicable regarding any Creator Interaction other than a Subscription.
- This Agreement does not affect any statutory right to a refund which a Fan may have under applicable consumer protection laws.
- Cancellations and refunds are also subject to the Company's Terms of Service.
12. Obligations between Creator and Fan in Creator Interactions
- The Fan and the Creator agree to comply at all times with MeGirlNextDoor Terms of Service.
- The Creator is solely responsible for creating and publishing Relevant Content.
- The Creator warrants that they possess all necessary rights to grant a Creator Interaction License.
- The Creator agrees to provide Paid Relevant Content once the Fan has made the Fan Payment.
- The Fan acknowledges that third parties may assist Creators in operating their accounts and in Creator Interactions.
- The Fan agrees to make the Fan Payment required to access Paid Relevant Content.
- The Fan agrees not to initiate a chargeback unless the Fan disputes the Creator Interaction in good faith.
- The Fan assumes all risk of accessing the Relevant Content unless the Creator engages in negligence or another breach of duty.
13. No Guarantees
The Fan participating in the Creator Interaction acknowledges that circumstances may prevent access to Relevant Content, including if the availability of all or any part of the MeGirlNextDoor site is suspended or inaccessible.
14. Applicable Law and Forum for Disputes
To the greatest extent permitted by the laws of the place where you live, this Agreement is governed by the laws of England and Wales, which 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 they live.
15. Severability
In the event any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, or is prohibited by law, the remaining provisions of the Agreement shall remain in full force and effect, and the remainder of this Agreement shall be valid and binding as though such invalid, unenforceable, or prohibited provision were not included herein.
Last Updated: September 2024
