Standard Contract Between Fan and Creator
1. Introduction
This Standard Contract between Fan and Creator ("this agreement") outlines the terms governing each interaction between a Fan and a Creator on Snaxx.
2. When does this agreement apply?
Whenever a Fan/Creator Transaction is initiated on Snaxx, this Standard Contract will exclusively govern the interaction, superseding any other terms proposed by the Fan or Creator. This agreement legally binds the participating Fan and Creator in the Fan/Creator Transaction.
3. Parties
The only parties to this agreement are the Fan and the Creator involved in the Fan/Creator Transaction. Neither Snaxx Labs Ltd nor any affiliated entities are parties to this agreement and do not grant any rights nor participate in any Fan/Creator Transaction except as a payment intermediary as outlined in section 5 of this agreement.
4. Interpretation
In this agreement, the following terms have the specified meanings:
- "Platform" refers to the website accessed via the URL www.snaxx.app.
- "Content" refers to any material uploaded to the platform by any User (whether a Creator or a Fan) including photos, videos, audio (such as music), livestreams, data, text (such as comments), metadata, images, interactive features, emojis, GIFs, memes, and any other material.
- "Creator" denotes a User who has established their account as a Creator account to post Content for other Users to view.
- "Fan" means a User who subscribes to a Creator and can view the Creator's Content or who purchases Creator’s digital product on Snaxx.
- "Referring User" refers to a User participating in the Referral Program.
- "Fan/Creator Transaction" indicates any transaction between a Fan and a Creator on the platform granting access to the Creator's Content including Subscriptions, pay-per-view Content, and fan interaction functions.
- "Fan Payment" encompasses all payments made by a Fan for any Fan/Creator Transaction and tips.
- "Platform Fee" refers to the fee charged to Creators in accordance with section 5 of the platform’s Terms of Use for Creators.
- "Subscription" refers to a Fan's subscription to a Creator's account.
- "VAT" denotes United Kingdom value added tax and any other equivalent or similar tax in any jurisdiction.
- "Tax" includes all forms of tax and statutory charges, duties, imposts, contributions, levies, withholdings or liabilities whether of the UK or any other jurisdiction.
5. Pricing and payment
By entering into a Fan/Creator Transaction, the Fan agrees to pay the Fan Payment applicable to the relevant transaction as per the Creator's pricing plus any applicable VAT. The Fan and Creator authorize our platform or its subsidiaries to act as a payment intermediary to collect, hold, and process the Fan Payment and any applicable VAT, to deduct the Platform Fee, and to pay out the amounts due to Creators and Referring Users as described in the Snaxx Terms of Service.
6. License of Content
Once the Fan has made the Fan Payment, the Creator grants the Fan a limited, non-transferable, non-sublicensable, and non-exclusive license to access the specific Content related to the transaction ("Relevant Content"). This license allows the Fan to view the Relevant Content on their personal device and via a web browser in accordance with the platform’s Acceptable Use Policy.
7. Ownership of Content
The Fan acknowledges that the license granted does not transfer any ownership rights in the Relevant Content which remain with the Creator.
8. Expiry of license
The license granted will automatically expire under the following conditions:
- If the Fan Payment fails, is charged back, or reversed.
- For Subscriptions, at the end of the subscription period unless auto-renewed.
- If the Fan’s account is suspended or terminated.
- If the Fan violates the Snaxx Acceptable Use Policy.
- If the Content is removed by the Creator.
- If the Fan closes their Snaxx account.
9. Cancellation and refunds
Regarding each 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 14-day period from the date the Fan/Creator Transaction is initiated. The Fan expressly consents to this and confirms to the Creator that they understand that any statutory right to cancel the Fan/Creator Transaction under the Consumer Rights Act 2015 or any other applicable law will be forfeited.
- This agreement does not affect any statutory right to a refund the Fan may have under the Consumer Rights Act 2015 or any other applicable law.
10. Obligations between Creator and Fan
For every Fan/Creator Transaction:
- Both parties agree to comply with the Snaxx Acceptable Use Policy.
- The Fan agrees to make the required payment and not initiate chargebacks except in good faith disputes.
- The Creator agrees to make the Relevant Content available once the payment is received.
- The Creator warrants they have the necessary rights to license the Relevant Content to the Fan and have obtained any required permissions and consents needed to grant the license in section 6 of this agreement.
- The Creator is responsible for creating and uploading the Content and does not guarantee ongoing content creation.
- The Fan accesses the Content at their own risk unless there has been negligence or a breach of duty by the Creator.
11. No guarantees
The Fan acknowledges that Creators may modify their Content at any time and that access to Content may be interrupted due to various reasons such as account suspension or deletion.
12. Terms relating to disputes
This agreement is governed by English law. Any claims arising from this agreement will be subject to English law. Claims may be brought in the courts of England and Wales or the courts of the Fan’s residence if within the UK or EU. For Fans outside these regions, claims must be brought in the courts of England and Wales unless otherwise agreed.