CONTRACT 

This is the “Contract” between a “Fan” and a “Creator” (herein referred to as "This Agreement") that sets out the terms which govern each transaction between a “Fan” and a “Creator” on the “Platform”. 

1. Interpretation 

1.1 “Platform” refers to the Fans2.Me website accessed via the URL https://fans2.me as operated by LinkBossPro Inc;

1.2 “We”, “Our”, “Us” refers to the “Platform” (1.1);

1.3 “Creator” means a “User” who has set up an “Account” with us to post “Content” on the “Platform” to be viewed by other “Users”;

1.4 “Fan” means any “User” who follows or subscribes or makes “Fan Payment” to a “Creator” and is able to see their “Content”;

1.5 “Content” means any material uploaded to the “Platform” which shall include all “User” generated material that a “Creator” or “Fan” creates, uploads, or makes public on the “Platform” including but not limited to information, text, images, videos, music, live streams, comments, and links;

1.6 “User” shall mean any person or entity that has an “Account” with the “Platform”; 

1.7  ”You” “Your” means a “User” of the “Platform” who is either a “Fan” or a “Creator”;

1.7 “Account” is your personal profile on the “Platform” that is created when you sign up to use the “Platform” to access “Creator” “Content” as a “Fan” or to create “Content” for “Fans” as a “Creator”, or both, as applicable;

1.8 “Fan Payment” means any and all payments made by a “Fan” to a “Creator” to access a “Creator’s” premium content, subscribe to the “Creator’s” “Account”, access paid live streams, or to access the interaction function on the “Creator’s’ “Account”; 

1.8 “Terms of Service” is your agreement with the “Platform” and includes all sections of The “Terms of Service”, “This Agreement”, “Privacy Policy” and “Cookie Policy”;

2. Parties to “This Agreement”

The only parties to “This Agreement” are the “Fan” and the “Creator” participating in the “Fan” “Creator” transaction. The “Platform” is not party to “This Agreement” and neither grants any rights in respect of, nor participates in any “Fan” and “Creator” transaction, except where we provide the “Platform” to facilitate the transaction and as a payment intermediary in accordance with section 4 of “This Agreement”. 

3. Transactions

A transaction includes all user-generated material that you create whether as “Fan”, or as a “Creator”, and that you upload, or make public on our “Platform” including but not limited to information, text, images, videos, music, live streams, comments, and links. It further includes the following specific transactions between “Fan” and “Creator” where you a “Fan”: 

3.1 Follow a “Creator” on the platform; 

3.2 Subscribe to a “Creator’s” “Content”, or “Profile”;

3.3 Purchase once-off access to a “Creator’s” premium “Content”; 

3.4 Purchase access to a “Creator’s” paid live stream; 

3.5 Purchase access to the “Creator’s” interaction function; 

3.6 Purchase access to a “Creator’s” paid one-on-one video chat.

4. Payment

When you enter into a transaction, you as a “Fan” agree, where applicable, to pay the required fee referred to as the “Fan Payment” in order to access the “Creator’s” “Content”. You will make the “Fan Payment” applicable to the “Creator” in accordance with the pricing published in the ‘Creator’s” “Account”, or on the specific “Content” item. The “Fan” and “Creator” further authorize the “Platform” or third party appointed by the “Platform” to act as a payment intermediary and to collect, hold, and process the “Fan Payment”, as well as to pay out the sums due to “Creators” as outlined in the “Terms of Service”. 

5. Your Obligations 

In respect of every “Fan” and “Creator” transaction, the following shall apply:

5.1 The “Fan” in the transaction agrees to make the required “Fan Payment” to access the relevant “Content”, and to not initiate a refund request or chargeback other than if the “Fan” disputes the transaction in good faith; 

5.2 The “Creator” in the transaction agrees to make the relevant “Content” available to the “Fan” once the “Fan” has made the “Fan Payment” applicable to the relevant “Content”. This includes where applicable access to the interaction function in the “Creator’s” “Account”;

5.3 The “Creator” warrants that it holds the necessary rights in and to the “Content” sufficient to license it to the “Fan” in their territory in which the “Fan” will be accessing the “Content”. This includes all permissions and consents required to grant the license in section 5.4 of “this agreement”;

5.4 Once the “Fan” has made the “Fan Payment” for a transaction, the “Creator” grants the “Fan” a limited license to access the relevant “Content” of that “Creator” to which the transaction relates (the "Content"). This license is non-transferable, non-sublicensable, and non-exclusive, and permits the “Fan” to access and view the relevant “Content” on the Fan'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 “Fan's” accessing the “Content” (i.e. caching)). All in accordance with the “Platform’s” “Acceptable use Policy”;

5.5 The “Fan” in the transaction acknowledges and agrees that the license of the “Content” provided in section 5.4 of “this agreement” does not result in the “Fan” acquiring any rights in or to the “Content”, which rights shall be retained by the “Creator” of the “Content”;

5.6 The license granted to a “Fan” in 5.4 in relation to the “Content” will expire automatically without notice in the following circumstances:

5.6.1 If the “Fan” or “Creator” closes their “Account”; 

5.6.2 If the “Fan's” or “Creator’s” “Account” is suspended or terminated for any reason; 

5.6.3 In respect of premium “Content”, paid one-on-one video chat, or paid live streams, once the Fan has completed viewing the Content; 

5.6.4 In respect of subscriptions, at the end of the subscription period, unless the subscription is configured to automatically renew as described in the Terms of Service section 16.4;

5.6.5 If the “Fan Payment” related to the transaction was unsuccessful, or is charged back or reversed for any reason;

5.6.6 If the “Fan” breaches of the “Terms of Service” and/or the “Acceptable use Policy” (whether in relation to the “Content”, or at all);

5.6.7 If the “Content” is removed by the “Creator” from their “Account”;

5.6.8 If the “Fan” requests and is granted a refund, their access will expire once approved and “Fan Payment” either partially or completely reversed; 

5.7 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 “Content” to the “Platform” on an ongoing basis;

5.8 Unless there has been negligence or other breach by the “Creator”, the accessing of the Creator's Content is entirely at the “Fan's” own risk; 

5.9 The “Fan” in the transaction acknowledges that the “Creator” may add and remove “Content” at any time from their “Account”, and that “Creators” have the discretion to decide what “Content” to make available on their “Account”. In addition, the “Fan” acknowledges that there may be circumstances where it is not possible for the “Fan” to access to “Content” to be provided under the transaction, including:

5.6.1 If the “Fan's” “Account” is suspended or deleted; 

5.6.2 If the “Creator's” “Account” is suspended or deleted;

5.6.3 If the availability of all or any part of the “Platform” is suspended or inaccessible; or

5.6.4 If the “Creator” is unable to create or upload “Content” in the future