Standard contract between Creator & Fan
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At Clanly, we strive to ensure transparency and simplicity in all our interactions, and this includes how we handle transactions between Fans and Creators.
Our Standard Contract between Fan and Creator is designed to set clear expectations and foster a fair trading environment.
Here’s what you should know:
Clear Transaction Terms: Each Fan/Creator Transaction is governed by this standard contract to ensure fairness and clarity for both parties.
Rights and Responsibilities: The contract clearly defines what Fans and Creators can expect from each other, ensuring all parties understand their rights and obligations.
Protection of Interests: Our contract is designed to protect the interests of both Fans and Creators, ensuring that intellectual property rights are respected and that all transactions are conducted smoothly.
By engaging with Clanly’s platform under this contract, Creators maintain control over their content, and Fans receive rightful access to unique experiences.
We are here to support and facilitate these connections, ensuring a safe and respectful environment for all our users.
1 Introduction
This Standard Contract between Fan and Creator ("this agreement") establishes the terms governing each transaction between a Fan and a Creator on Clanly. This agreement is automatically applicable every time a Fan/Creator Transaction is initiated on Clanly, superseding any other terms proposed by either party.
Parties Involved: The only parties to this agreement are the Fan and Creator engaged in the Fan/Creator Transaction. Clanly UG, its subsidiaries, or any related entities are not parties to this agreement but may facilitate the transaction by acting as payment intermediaries as outlined in this agreement.
2 Definitions
For clarity in this agreement, the following terms are defined:
"Clanly" refers to our platform, accessible through our website and mobile applications.
"Content" includes all materials uploaded by Users, such as photos, videos, audio, live streams, texts, metadata, and interactive elements.
"Creator" denotes a User who has established an account to post Content on Clanly to be accessed by other Users.
"Fan" represents a User who follows one or more Creators and can view the Creator's Content.
"Fan/Creator Transaction" encapsulates any interaction where a Fan gains access to a Creator’s Content, which may involve subscriptions, one-time payments, or direct interactions.
"Fan Payment" covers all monetary transactions from a Fan to a Creator, including tips and subscription fees.
"Clanly Fee" refers to the commission Clanly charges for each Fan Payment, facilitating the service.
3 Pricing and Payment:
When a Fan enters into a Fan/Creator Transaction, they agree to the price set by the Creator, plus any applicable taxes. This agreement authorizes Clanly to process payments, deducting the Clanly Fee and ensuring accurate payout to Creators.
4 License of Content:
Upon completing a Fan Payment, the Creator grants the Fan a limited license to access the relevant Content. This license is specific to personal use and is non-transferable, allowing the Fan to view the Content through standard means on personal devices.
5 Ownership of Content:
The Fan acknowledges that by accessing a Creator’s Content, they do not gain any rights over it. All intellectual property rights are retained by the Creator.
6 Expiry and Termination of License:
The license to access Content terminates automatically if the Fan Payment fails, is reversed, or the associated Clanly account is suspended or terminated. Additionally, if a Fan breaches the Acceptable Use Policy or the Creator removes the Content, the license will expire.
7 Cancellation and Refunds:
Fans acknowledge that by initiating a Fan/Creator Transaction, they lose the right to cancel once Content delivery begins, in line with digital content regulations. However, statutory rights for refunds under applicable laws are not affected.
8 Obligations and Responsibilities:
Both Fans and Creators must adhere to the Acceptable Use Policy during interactions. Creators must ensure they hold and maintain all necessary rights to their Content and fulfill their obligations to make Content accessible upon payment.
9 Dispute Resolution:
This agreement is governed by English law, applicable to both Fans and Creators within the UK and EU, with jurisdiction as agreed upon or in respective resident countries.