STANDARD CONTRACT BETWEEN FAN AND CREATOR
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STANDARD CONTRACT BETWEEN FAN AND CREATOR
Introduction: This Standard Contract between Fan and Creator ("this agreement") delineates the terms governing each transaction between a Fan and a Creator on Bhinca.com.
When does this agreement apply? This Standard Contract between Fan and Creator applies each time a Fan/Creator Transaction is initiated on Bhinca.com. It legally binds the Fan and Creator participating in the Fan/Creator Transaction to the exclusion of any other terms proposed by the Fan or Creator.
Parties: The only parties to this agreement are the Fan and Creator engaging in the Fan/Creator Transaction. Fenix International Limited and its subsidiaries are not parties to this agreement, except when acting as a payment intermediary as specified in section 5.
Interpretation:
- "Bhinca.com" refers to the website accessed via the URL www.bhinca.com or any web browser.
- "Content" encompasses any material uploaded to Bhinca.com by any User, including photos, videos, audio, livestreams, text, metadata, images, emojis, GIFs, memes, and other material.
- "Creator" denotes a User with an account on Bhinca.com posting Content.
- "Fan" refers to a User following a Creator and viewing their Content.
- "Fan/Creator Transaction" encompasses any transaction between a Fan and a Creator on Bhinca.com granting access to the Creator's Content.
- "Fan Payment" includes payments made by a Fan in respect of any Fan/Creator Transaction and any tips.
- "FIL Fee" denotes the fee charged to Creators as per section 5 of the OnlyFans Terms of Use for Creators.
- "Subscription" signifies a Fan's subscription to a Creator's account.
- "VAT" refers to South Africa value-added tax and any other applicable tax.
- "Tax" encompasses all forms of tax and governmental charges.
Pricing and payment: By engaging in a Fan/Creator Transaction, the Fan agrees to pay the Fan Payment and any applicable VAT. Bhinca Inc or its subsidiaries may act as a payment intermediary and process payments as per the Bhinca.com Terms of Service.
License of Content: Upon making the Fan Payment, the Creator grants the Fan a limited license to access the Relevant Content. This license is non-transferable, non-sublicensable, and non-exclusive, permitting the Fan to access and view the Relevant Content for personal use.
Ownership of Content: The Fan acknowledges that the license to the Relevant Content does not confer any rights of ownership, which remain with the Creator.
Expiry of license: The license expires automatically under specific circumstances detailed in this agreement.
Cancellation and refunds: This agreement outlines provisions concerning cancellation, refunds, and statutory rights.
Obligations between Creator and Fan: Both parties agree to comply with the Bhinca.com Acceptable Use Policy and fulfill their respective obligations outlined in this agreement.
No guarantees: The agreement specifies that the Creator has discretion over Content availability and acknowledges certain circumstances affecting access to Content.
Terms relating to disputes: This agreement is governed by English law, with provisions regarding claims and jurisdiction.
Last updated: February 2024
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