Creator and Follower Mutual Contract (the "C&F Mutual Contract")
Last updated: July 16, 2021
One2Fan promulgates this Creator and Follower Mutual Contract for the purpose to govern the mutual relationships between the Creator and the Follower. We believe this C&F Mutual Contract minimizes any problems arising between the Creator and the Follower due their relationships on the One2Fan's Platform.
The definitions in this C&F Mutual Contract that are not directly defined in the text of this document, shall be treated with Section 1 "Definitions" of the One2Fan Platform Terms of Service at https://one2fan.com/terms.
Section 1. Relevant Parties of C&F Mutual Contract
The relevant parties to this C&F Mutual Contract are the Creator and the Follower participating on One2Fan's Platform as the Users. Culturika s.r.o., Czech Company located at Nárožní 2787 / 7a, Stodůlky, 158 00 Prague 5, Czech Republic, registered on July 19, 2018 under the number 07297408, and any Third-Party Providers are not a party to this C&F Mutual Contract and neither grants any rights in respect of, nor participates in, any relationship between the Creator and the Follower, except for acting as a payment intermediary as defined in Section 2 of this C&F Mutual Contract.
Section 2. Fees for Membership and Payment Terms
As a support of the Follower's favorite creations of a particular Creator(s), the Follower has a right to obtain the Membership subscription on such Creator(s). Hereby the Creator and the Follower mutually agree to authorize One2Fan and/or a Third-Party Provider to act as a payment intermediary and to collect, hold, and process the payments for the Membership and any applicable tax (if any), to deduct any services fees applicable to such payment, and to transfer payouts to the Creator (when applicable) on the terms defined by One2Fan and/or a Third-Party Provider for this purpose.
Section 3. License on Free and Membership Content
The Creator hereby grants the Follower a limited license to access free Creator's Content and Creator's Membership Content (upon the payment made in accordance with Section 2 of this C&F Mutual Contract). This license is non-transferable, non-sublicensable, and non-exclusive, and allows the Follower to access and view the Creator's free and Membership Content (when applicable). This license does not result in acquiring by the Follower any rights in or to the Creator's free and Membership Content (when applicable), which rights will be retained by the Creator.
Section 4. Termination of Licenses on Free and Membership Content
a) The license granted to a Follower for free Creator's Content will terminate automatically without notice due the following circumstances:
b) The license granted to a Follower for Creator's Membership Content will terminate automatically without notice due the following circumstances:
Section 5. Creator's and Follower's Obligations
The Creator and the Follower participating on the Platform will comply at all times with the One2Fan's Platform Terms of Service with respect to any Content, including when uploading and posting by the Creator and when accessing, viewing, and interacting with it by the Follower;
The Follower for the purpose to obtain the Membership subscription will make the relevant payment required to access, view, or interact with the Creator's Membership Content, and will not initiate a chargeback other than if the Follower disputes in good faith;
The Creator, upon obtaining the Membership subscription by the Follower, will make the Creator's Membership Content available to the Follower;
The Creator states that the Creator possesses all necessary rights in and to the free Creator's Content and Creator's Membership Content sufficient to license it to the Follower in the territory in which the Follower will be accessing such Content and has obtained all permissions and consents needed to grant the license in accordance with Section 3 of this C&F Mutual Contract;
The Creator is solely responsible for creating and uploading Creator's Membership Content. The Creator provides no guarantees that it will continue to create and upload Creator's Membership Content on an ongoing basis;
Unless there has been negligence or other breach of duty by the Creator, the Follower's accessing of the free Creator's Content and Creator's Membership Content is entirely at the Follower's own risk.
Section 6. Follower's Waiver
The Follower participating on the Platform and obtaining the Membership subscription as a case may be acknowledges that Creators may add and remove its Content at any time from the Creator's Account and that the Creator has discretion to decide what kind of the Content to make available on the Creator's Account. The Follower hereby waives all its current and future rights and claims to receive any compensation or other payment due availability of any Content and also in the following cases:
Section 7. Creator's and Follower's Indemnity
The Creator and the Follower agree to defend, indemnify, and hold harmless One2Fan, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, and advisors from any and all claims, liabilities, costs, and expenses, (including, but not limited to, attorneys' fees and expenses), arising out of mutual or any third party claims in connection with any breach by the Creator and the Follower their obligations in accordance with the One2Fan's Platform Terms of Service and this C&F Mutual Contract.
Section 8. Governing Law and Dispute Resolution
This C&F Mutual Contract and the rights and duties of the parties hereunder shall be governed by and construed in accordance with the law of the Czech Republic.
All disputes arising from this C&F Mutual Contract must be brought in the courts of competent jurisdiction where the Follower resides.
The definitions in this C&F Mutual Contract that are not directly defined in the text of this document, shall be treated with Section 1 "Definitions" of the One2Fan Platform Terms of Service at https://one2fan.com/terms.
Section 1. Relevant Parties of C&F Mutual Contract
The relevant parties to this C&F Mutual Contract are the Creator and the Follower participating on One2Fan's Platform as the Users. Culturika s.r.o., Czech Company located at Nárožní 2787 / 7a, Stodůlky, 158 00 Prague 5, Czech Republic, registered on July 19, 2018 under the number 07297408, and any Third-Party Providers are not a party to this C&F Mutual Contract and neither grants any rights in respect of, nor participates in, any relationship between the Creator and the Follower, except for acting as a payment intermediary as defined in Section 2 of this C&F Mutual Contract.
Section 2. Fees for Membership and Payment Terms
As a support of the Follower's favorite creations of a particular Creator(s), the Follower has a right to obtain the Membership subscription on such Creator(s). Hereby the Creator and the Follower mutually agree to authorize One2Fan and/or a Third-Party Provider to act as a payment intermediary and to collect, hold, and process the payments for the Membership and any applicable tax (if any), to deduct any services fees applicable to such payment, and to transfer payouts to the Creator (when applicable) on the terms defined by One2Fan and/or a Third-Party Provider for this purpose.
Section 3. License on Free and Membership Content
The Creator hereby grants the Follower a limited license to access free Creator's Content and Creator's Membership Content (upon the payment made in accordance with Section 2 of this C&F Mutual Contract). This license is non-transferable, non-sublicensable, and non-exclusive, and allows the Follower to access and view the Creator's free and Membership Content (when applicable). This license does not result in acquiring by the Follower any rights in or to the Creator's free and Membership Content (when applicable), which rights will be retained by the Creator.
Section 4. Termination of Licenses on Free and Membership Content
a) The license granted to a Follower for free Creator's Content will terminate automatically without notice due the following circumstances:
- if the Follower is in the breach of the One2Fan's Platform Terms of Service;
- if the User's Account of the Follower is suspended or terminated for any reason;
- if the Content is removed by the Creator from its Account; or
- if the Follower closes its User's Account on the Platform.
b) The license granted to a Follower for Creator's Membership Content will terminate automatically without notice due the following circumstances:
- if the payment made by the Follower in accordance with Section 2 is unsuccessful or charged back or reserved for any reason;
- if the timeframe of the Content ability is expired;
- if the Membership subscription is expired and not renewed; or
- if any of the circumstances from clause a) this Section 4 occurs.
Section 5. Creator's and Follower's Obligations
The Creator and the Follower participating on the Platform will comply at all times with the One2Fan's Platform Terms of Service with respect to any Content, including when uploading and posting by the Creator and when accessing, viewing, and interacting with it by the Follower;
The Follower for the purpose to obtain the Membership subscription will make the relevant payment required to access, view, or interact with the Creator's Membership Content, and will not initiate a chargeback other than if the Follower disputes in good faith;
The Creator, upon obtaining the Membership subscription by the Follower, will make the Creator's Membership Content available to the Follower;
The Creator states that the Creator possesses all necessary rights in and to the free Creator's Content and Creator's Membership Content sufficient to license it to the Follower in the territory in which the Follower will be accessing such Content and has obtained all permissions and consents needed to grant the license in accordance with Section 3 of this C&F Mutual Contract;
The Creator is solely responsible for creating and uploading Creator's Membership Content. The Creator provides no guarantees that it will continue to create and upload Creator's Membership Content on an ongoing basis;
Unless there has been negligence or other breach of duty by the Creator, the Follower's accessing of the free Creator's Content and Creator's Membership Content is entirely at the Follower's own risk.
Section 6. Follower's Waiver
The Follower participating on the Platform and obtaining the Membership subscription as a case may be acknowledges that Creators may add and remove its Content at any time from the Creator's Account and that the Creator has discretion to decide what kind of the Content to make available on the Creator's Account. The Follower hereby waives all its current and future rights and claims to receive any compensation or other payment due availability of any Content and also in the following cases:
- if the Creator's Account is suspended or deleted;
- if the Follower's Account is suspended or deleted;
- if the availability of all or any part of the Platform is suspended or inaccessible; or
- if the Creator is unable to create or upload the Creator's Membership Content in the future.
Section 7. Creator's and Follower's Indemnity
The Creator and the Follower agree to defend, indemnify, and hold harmless One2Fan, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, and advisors from any and all claims, liabilities, costs, and expenses, (including, but not limited to, attorneys' fees and expenses), arising out of mutual or any third party claims in connection with any breach by the Creator and the Follower their obligations in accordance with the One2Fan's Platform Terms of Service and this C&F Mutual Contract.
Section 8. Governing Law and Dispute Resolution
This C&F Mutual Contract and the rights and duties of the parties hereunder shall be governed by and construed in accordance with the law of the Czech Republic.
All disputes arising from this C&F Mutual Contract must be brought in the courts of competent jurisdiction where the Follower resides.