Contract between Fan and Creator
Introduction: This Contract between Fan and Creator ("this Agreement") governs each interaction between a Fan and a Creator on BeFanz.
Scope: This Agreement is legally binding and applies every time a Creator Interaction is initiated on BeFanz. This Agreement supersedes any other terms that the Fan or Creator may propose.
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 except as outlined below.
Interpretation: In this Agreement, defined terms have the following meanings:
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"Company": BeFanz International LTD
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"Content": Any material uploaded to BeFanz by any User, including photos, videos, audio, livestream material, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material.
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"Creator": A User who has set up their BeFanz account to post Content for Fans to access.
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"Creator Earnings": The portion of the Fan Payment payable to the Creator, as detailed in the Terms of Use.
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"Creator Interaction": Any interaction on BeFanz 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.
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"Creator Interaction Licence": The non-transferable, non-sublicensable, and non-exclusive rights granted by the Creator to the Relevant Content.
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"Fan": A User who has registered for an account and can access a Creator's Content via a Creator Interaction.
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"Fan Payment": Any payment made in relation to a Creator Interaction.
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"FIL Fee": The 20% fee charged by the Company on all Fan Payments, as per the Terms of Use.
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"Indirect Sales Taxes": Any tax applied to Fan Payments in any relevant jurisdiction.
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"BeFanz": The website accessed via www.befanz.com or any browser, owned and operated by the Company.
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"Paid Relevant Content": Any Content for which the Fan is required to make a Fan Payment.
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"Referring User": A User who participates in the BeFanz Referral Program.
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"Relevant Content": The Content of the Creator to which a Creator Interaction relates.
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"Subscription": A Fan's binding agreement to gain access to a Creator's Content for a specific period in exchange for automatic renewal payments, excluding pay-per-view Content.
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"Subsidiary": Any legal entity that the Company or its subsidiaries own or control, either alone or in combination with other subsidiaries.
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"Tax": Any form of tax, charge, duty, or levy imposed by any applicable jurisdiction.
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"Upload": The act of publishing, posting, or sharing any material on BeFanz, including photos, videos, audio, text, and more.
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"User": Any individual using BeFanz, whether as a Creator, Fan, or both.
Pricing and Payment: By entering into a Creator Interaction, the Fan agrees to pay the relevant Fan Payment, plus any applicable Indirect Sales Tax, which the Company is authorized to collect. The Company is also authorized to deduct the FIL Fee, pay out Creator Earnings, and issue referral payments.
Subscriptions and Renewals: When selecting "Subscribe," you agree to initiate a Subscription. This Subscription will automatically renew at the current rate (plus applicable tax). You authorize the Company to charge you again after each Subscription, unless (i) the payment is declined, (ii) the Subscription price increases, (iii) the "Auto-Renew" feature is disabled, or (iv) you close your BeFanz account before the next Subscription period begins.
Licence of Content: By engaging in a Creator Interaction, the Creator grants a Creator Interaction Licence, allowing the Fan access to the Relevant Content.
Ownership of Content: The Creator Interaction Licence does not transfer ownership rights of the Relevant Content to the Fan.
Expiry of Licence: The Creator Interaction Licence automatically expires without notice in the following cases:
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If the related Fan Payment fails, is charged back, or reversed.
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If the Creator deletes the Relevant Content or their Creator account.
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At the end of an active Subscription period.
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If the Fan's account is suspended or terminated.
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If the Fan breaches the BeFanz Terms of Service.
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If the Relevant Content is removed or the Creator's account is suspended.
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If the Fan closes their account.
Removal of Content: The Company reserves the right to remove any Content from a Creator’s account at any time. The Fan acknowledges that Creators may remove Content, including pay-per-view Content, at any time.
Cancellation and Refunds: For every Creator Interaction:
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The Fan will gain access to Relevant Content within 14 days of the Creator Interaction.
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The Fan acknowledges that statutory rights to cancel may not apply to any Creator Interaction other than Subscriptions.
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Cancellations and refunds are also subject to the Company's Terms of Use.
Obligations between Creator and Fan in Creator Interactions:
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Both the Fan and the Creator agree to comply with BeFanz's Terms of Service at all times.
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The Creator is responsible for creating and publishing Relevant Content.
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The Creator warrants that they have the necessary rights to grant the Creator Interaction Licence.
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The Creator agrees to provide Paid Relevant Content after the Fan has made the Fan Payment.
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The Fan agrees to make the required Fan Payment to access Paid Relevant Content.
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The Fan agrees not to initiate a chargeback unless disputing the Creator Interaction in good faith.
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The Fan assumes the risk of accessing the Relevant Content, except in cases of Creator negligence or breach.
No Guarantees: The Fan acknowledges that circumstances may affect access to Relevant Content, such as temporary service interruptions or the unavailability of certain parts of BeFanz.
Applicable Law and Disputes:
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This Agreement is governed by the laws of England and Wales, and any claims arising from this Agreement will be subject to those laws.
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Fans residing in the UK or the EU may bring claims in the courts of England and Wales or their home country.
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Other Fans must bring claims in the courts of England and Wales.
Severability: If any provision of this Agreement is found to be invalid, unenforceable, or prohibited by law, the remainder of the Agreement will continue in full force and effect.
Last updated: February 2025