Contract between Fan and Creator

1. Introduction

This Contract between Fan and Creator ("this Agreement") governs every interaction between a Fan and a Creator on FansGlow.

2. Scope

This Agreement is legally binding and takes effect each time a Creator Interaction begins on FansGlow. It applies to the exclusion of any other terms that a Fan or a Creator may seek to impose.

3. Parties

The only parties to this Agreement are the Fan and the Creator taking part in the Creator Interaction. Only fans International Limited (the "Company") and its Subsidiaries are not parties to this Agreement or to any Creator Interaction, except where stated below.

4. Definitions

In this Agreement, the following defined terms have the meanings set out below:

• "Company" means Only fans International Limited, the operator of FansGlow;
• "Content" means any material Uploaded to FansGlow by any User — including photos, videos, audio, livestream material, text, data, metadata, images, interactive features, emojis, GIFs, memes or any other material;
• "Creator" means a User whose account is set up to post Content for Fans to view;
• "Creator Earnings" means the part of a Fan Payment payable to a Creator under the Terms of Service;
• "Creator Interaction" means any interaction on FansGlow 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;
• "Creator Interaction Licence" means the non-transferable, non-sublicensable and non-exclusive rights a Creator grants to the Relevant Content;
• "Fan" means a registered User who can access a Creator's Content through a Creator Interaction;
• "Fan Payment" means any payment connected to a Creator Interaction;
• "Platform Fee" means the 20% of every Fan Payment charged to Creators under the Terms of Service;
• "Include", "Includes" and "Including" are to be read as if followed by the words "without limitation";
• "Indirect Sales Taxes" means any Tax applied by law to Fan Payments in a relevant jurisdiction, such as VAT, GST or sales tax;
• "FansGlow" means the website reachable at fansglow.com or through any web browser, owned and operated by the Company;
• "Paid Relevant Content" means any Content the Fan must make a Fan Payment to access;
• "Referring User" means a User taking part in the FansGlow referral programme;
• "Relevant Content" means the applicable Content of a Creator to which a Creator Interaction relates;
• "Subscription" means a Fan's binding agreement for access, for a set period, to all Content a Creator makes available to Fans, in exchange for automatic renewal payments; individually priced Content is excluded;
• "Subsidiary" means any legal entity that the Company, alone or together with its other subsidiaries, owns or has the power to vote or control;
• "Tax" means every form of tax and statutory or governmental charge, duty, impost, contribution, levy, withholding or liability chargeable in any applicable jurisdiction;
• "Upload" means to publish, display, post, type, input or otherwise share any material on FansGlow; and
• "User" means any user of FansGlow, whether a Creator, a Fan or both (also referred to as "you" and "your").

5. Pricing and payment

A Fan who enters a Creator Interaction agrees to pay the applicable Fan Payment plus any Indirect Sales Taxes, which the Company and its Subsidiaries are authorised to collect. The Company is also authorised to deduct the Platform Fee, to pay out Creator Earnings, and to make any applicable referral payments.

6. Subscriptions and renewals

Selecting "Subscribe" begins a Subscription. A Subscription renews automatically at the then-current rate (plus any Indirect Sales Taxes), and you authorise the Company to charge each renewal, unless:

• your payment is declined and you have not provided another payment method;
• the Subscription price has increased since you subscribed;
• you switched off "Auto-Renew" on the Creator's account; or
• you closed your FansGlow account before the new period begins.

By selecting "Subscribe" you accept these provisions and acknowledge that no further renewal notice will be sent for that Subscription.

7. Licence of Content

As part of a Creator Interaction, the Creator grants the Fan a Creator Interaction Licence, which permits the Fan to access the Relevant Content.

8. Ownership of Content

The Creator Interaction Licence gives the Fan no ownership rights in the Relevant Content.

9. Expiry of the licence

The Creator Interaction Licence ends automatically, and without notice, if:

• the Fan Payment for the Creator Interaction failed, was charged back, or was reversed;
• the Creator deletes the Relevant Content or their Creator account;
• an active Subscription period ends;
• the Fan's account is suspended or terminated;
• the Fan breaches the FansGlow Terms of Service;
• the Relevant Content is removed from the Creator's account, or the Creator's account is suspended or terminated; or
• the Fan closes their account.

10. Removal of Content

The Company may remove any Content from a Creator's account at any time. The Fan acknowledges that Creators may also remove Content — including pay-per-view Content — at any time.

11. Cancellation and refunds

In respect of every Creator Interaction:

• the Fan gains access to the Relevant Content within 14 days of the Creator Interaction, and accepts that any statutory cancellation right under applicable consumer law therefore does not apply to Creator Interactions other than Subscriptions;
• nothing in this Agreement affects any statutory refund right the Fan may have under applicable law; and
• cancellations and refunds are also subject to the Company's Terms of Service.

12. Obligations between Creator and Fan

In every Creator Interaction:

• the Fan and the Creator must comply with the FansGlow Terms of Service at all times;
• the Creator alone is responsible for creating and publishing the Relevant Content;
• the Creator warrants that they hold all rights needed to grant the Creator Interaction Licence;
• the Creator must provide the Paid Relevant Content once the Fan has made the Fan Payment;
• the Fan acknowledges that third parties may assist Creators in operating their accounts and in Creator Interactions;
• the Fan must make the Fan Payment required to access Paid Relevant Content;
• the Fan must not raise a chargeback unless they dispute the Creator Interaction in good faith; and
• the Fan accepts all risk of accessing the Relevant Content, except where the Creator is negligent or otherwise in breach of a duty.

13. No guarantees

The Fan acknowledges that circumstances may prevent access to the Relevant Content — including where all or part of FansGlow is suspended or unavailable.

14. Governing law and forum for disputes

• to the greatest extent permitted by the law of the place where you live, this Agreement is governed by the laws of England and Wales, which apply to any claim arising out of or relating to it; the Fan may also rely on the mandatory rules of the law of the country where they live; and
• as to where a claim may be brought: a Fan resident in the United Kingdom or the European Union may bring a claim under this Agreement in the courts of England and Wales or of the country where they live, while all other Fans must bring claims under this Agreement in the courts of England and Wales.

15. Severability

If a court of competent jurisdiction finds any provision of this Agreement to be invalid, unenforceable or prohibited by law, the remaining provisions stay in full force, and the rest of the Agreement remains valid and binding as if the affected provision had not been included.