Contracts between Supporter & Creator

Contract Between Supporter & Creator
Rev: UP|R2|OCT|2022

  1. Introduction: This Standard Contract between Supporter and Creator ("this agreement") sets out the terms which govern each transaction between a Supporter and a Creator on URPLACE APP
  2. When does this agreement apply? Each time a Supporter/Creator Transaction is initiated on URPLACE APP , this Standard Contract between Supporter and Creator will apply to the exclusion of any other terms which the Supporter or Creator may propose, and this Standard Contract between Supporter and Creator will legally bind the Supporter and Creator participating in the Supporter/Creator Transaction.
  3. Last updated: OCT|2022
  4. Parties: The only parties to this agreement are the Supporter and Creator participating in the Supporter/Creator Transaction. Neither LocalWeb UK Hosting Solutions or any of its subsidiary companies is a party to this agreement and neither LocalWeb UK Hosting Services nor any of its subsidiary companies grants any rights in respect of, nor participates in, any Supporter/Creator Transaction, except that LocalWeb UK Hosting Solutions or any of its subsidiary companies may act as a payment intermediary in accordance with the Creator’s and Supporter’s instructions set out in section 5 of this agreement.
  5. Interpretation: In this agreement, defined terms have the following meanings:
    1. "URPLACE APP " means the website accessed via the URL www.app.UrPlace.app  or via any web browser.
    2. "Content" means any material uploaded to URPLACE APP  by any User (whether a Creator or a Supporter), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever.
    3. "Creator" means a User who has set up their URPLACE APP  account as a Creator account to post Content on URPLACE APP  to be viewed by other Users.
    4. "Supporter" means a User who follows a Creator and can view the Creator's Content.
    5. "Referring User" means a User who participates in the URPLACE APP  Referral Program.
    6. "Supporter/Creator Transaction" means any transaction between a Supporter and a Creator on URPLACE APP  by which access is granted to the Creator's Content, including in any of the following ways: (i) a Subscription, (ii) payments made by a Supporter to view a Creator's pay-per-view Content (pay-per-view media and pay-per-view live stream), and (iii) payments made by a Supporter to use the Supporter interaction function on a Creator's account;
    7. "Supporter Payment" means (i) all payments made by a Supporter in respect of any Supporter/Creator Transaction, and (ii) all tips.
    8. "FIL Fee" means the fee charged to Creators in accordance with section 5 of the URPLACE APP  Terms of Use for Creators.
    9. "Subscription" means a Supporter's subscription to a Creator's account.
    10. "VAT" means United Kingdom 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
    11. "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 UK or any other jurisdiction.
  6. Pricing and payment: By entering into a Supporter/Creator Transaction, the Supporter agrees to pay the Supporter Payment applicable to the relevant Supporter/Creator Transaction in accordance with the pricing published in the Creator's account plus any VAT which is applicable. The Supporter and Creator participating in the Supporter/Creator Transaction authorize LocalWeb UK Hosting Solutions or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the Supporter Payment and any applicable VAT, to deduct the FIL Fee, and to pay out the sums due to Creators and (if applicable) Referring Users, as described in the URPLACE APP  Terms of Service.
  7. License of Content: Once the Supporter has made the Supporter Payment for a Supporter/Creator Transaction, the Creator grants to the Supporter a limited license to access the applicable Content of that Creator to which the Supporter/Creator Transaction relates (the "Relevant Content"). This license is non-transferable, non-sublicensable and non-exclusive, and permits the Supporter to access and view the Relevant Content on the Supporter'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 Supporter's accessing the Content (i.e., caching)), in accordance with the URPLACE APP  Acceptable Use Policy.
  8. Ownership of Content: The Supporter participating in the Supporter/Creator Transaction acknowledges and agrees that the license of the Relevant Content provided in section 6 of this agreement does not result in the Supporter acquiring any rights in or to the Relevant Content, which rights shall be retained by the Creator of the Relevant Content.
  9. Expiry of license: The license granted to a Supporter in relation to the Relevant Content will expire automatically without notice in the following circumstances:
    1. if the Supporter Payment related to the Supporter/Creator Transaction was unsuccessful or is charged back or reversed for any reason.
    2. in respect of pay-per-view Content once the Supporter has completed viewing the Content.
    3. in respect of Subscriptions, at the end of the subscription period, unless the Subscription is configured to automatically renew as described in section 8(h) of the URPLACE APP  Terms of Use for Supporters.
    4. if the Supporter's User account is suspended or terminated for any reason.
    5. if the Supporter acts in breach of the URPLACE APP  Acceptable Use Policy (whether in relation to the Relevant Content or at all).
    6. if the Content is removed from the Creator's account.
    7. if the Supporter closes their URPLACE APP  User account.
  10. Cancellation and refunds: In respect of every Supporter/Creator Transaction:
    1. The Supporter acknowledges that the Supporter/Creator Transaction will result in a supply of the relevant Content to the Supporter before the end of the period of 14 days from the date when the Supporter/Creator Transaction is entered into, and the Supporter gives his or her express consent to this and confirms to the Creator that he or she is aware that any statutory right to cancel the Supporter/Creator Transaction which the Supporter has under the Consumer Rights Act 2015 or any other applicable law will therefore be lost.
    2. This agreement does not affect any statutory right to receive a refund from the Creator which a Supporter may have under the Consumer Rights Act 2015 or any other applicable law.
  11. Obligations between Creator and Supporter: In respect of every Supporter/Creator Transaction:
    1. The Supporter and the Creator participating in the Supporter/Creator Transaction agree to always comply with the URPLACE APP  Acceptable Use Policy in relation to the Relevant Content, including when accessing, viewing, and interacting with it.
    2. The Supporter participating in the Supporter/Creator Transaction agrees to make the Supporter Payment required to access, view, or interact with the Relevant Content, and agrees not to initiate a chargeback other than if the Supporter disputes the Supporter/Creator Transaction in good faith.
    3. The Creator participating in the Supporter/Creator Transaction agrees to make the Relevant Content available to the Supporter once the Supporter has made the Supporter Payment applicable to the Relevant Content.
    4. 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 Supporter in the territory in which the Supporter will be accessing the Relevant Content and has obtained all permissions and consents needed to grant the license in section 6 of this agreement.
    5. 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.
    6. Unless there has been negligence or other breach of duty by the Creator, the accessing by the Supporter of the Creator's Content is entirely at the Supporter's own risk.
  12. No guarantees: The Supporter participating in the Supporter/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 Supporter participating in the Supporter/Creator Transaction acknowledges that there may be circumstances where it is not possible for the Supporter to access to Relevant Content to be provided under the Supporter/Creator Transaction, including:
    1. if the Creator's account is suspended or deleted.
    2. if the Supporter's account is suspended or deleted.
    3. if the availability of all or any part of URPLACE APP  site is suspended or inaccessible; or
    4. if the Creator is unable to create or upload Relevant Content in the future.
  13. Terms relating to disputes:
    1. This agreement is governed by English law and English law will apply to any claim that arises out of or relates to this agreement. The Supporter will also be able to rely on mandatory rules of the law of the country where he or she lives.
    2. Where claims can be brought:
      1. If this agreement is with a Supporter resident in the United Kingdom or the European Union, any claim under this agreement may be brought in the courts of England and Wales or the courts of the country where the Supporter lives.
      1. If this agreement is with a Supporter resident outside of the United Kingdom or the European Union any claim under this agreement must be brought in the courts of England and Wales unless the Supporter and Creator otherwise agree.
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