1. Introduction: This Standard Contract between Admirer and Creator ("this agreement") sets out the terms which govern each transaction between a Admirer and a Creator on AllAdmirers
2. When does this agreement apply? Each time a Admirer/Creator Transaction is initiated on AllAdmirers, this Standard Contract between Admirer and Creator will apply to the exclusion of any other terms which the Admirer or Creator may propose, and this Standard Contract between Admirer and Creator will legally bind the Admirer and Creator participating in the Admirer/Creator Transaction.
3. Parties: The only parties to this agreement are the Admirer and Creator participating in the Admirer/Creator Transaction. Neither Fenix International Limited nor any of its subsidiary companies is a party to this agreement and neither Fenix International Limited nor any of its subsidiary companies grants any rights in respect of, nor participates in, any Admirer/Creator Transaction, except that Fenix International Limited or any of its subsidiary companies may act as a payment intermediary in accordance with the Creator’s and Admirer’s instructions set out in section 5 of this agreement.

4. Interpretation: In this agreement, defined terms have the following meanings:

   1. "AllAdmirers" means the website accessed via the URL www.alladmirers.com or via any web browser;
   2. "Content" means any material uploaded to AllAdmirers by any User (whether a Creator or a Admirer ), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
   3. "Creator" means a User who has set up their AllAdmirers account as a Creator account to post Content on AllAdmirers to be viewed by other Users;
   4. "Admirer" means a User who follows a Creator and is able to view the Creator's Content;
   5. "Referring User" means a User who participates in the AllAdmirers Referral Program;
   6. "Admirer/Creator Transaction" means any transaction between a Admirer and a Creator on AllAdmirers by which access is granted to the Creator's Content, including in any of the following ways: (i) a Subscription, (ii) payments made by a Admirer to view a Creator's pay-per-view Content (pay-per-view media and pay-per-view live stream), and (iii) payments made by a Admirer to use the Admirer interaction function on a Creator's account;
   7. "Admirer Payment" means (i) any and all payments made by a Admirer in respect of any Admirer/Creator Transaction, and (ii) any and all tips;
   8. "Subscription" means a Admirer's subscription to a Creator's account;
   9. "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the USA or any other jurisdiction.
5. Pricing and payment: By entering into a Admirer/Creator Transaction, the Admirer agrees to pay the Admirer Payment applicable to the relevant Admirer/Creator Transaction in accordance with the pricing published in the Creator's account plus any Tax which is applicable. The Admirer and Creator participating in the Admirer/Creator Transaction authorize SegPay or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the Admirer Payment and any applicable Tax, and to pay out the sums due to Creators and (if applicable) Referring Users, as described in the AllAdmirers Terms of Service.
6. License of Content: Once the Admirer has made the Admirer Payment for a Admirer/Creator Transaction, the Creator grants to the Admirer a limited license to access the applicable Content of that Creator to which the Admirer/Creator Transaction relates (the "Relevant Content"). This license is non-transferable, non-sublicensable and non-exclusive, and permits the Admirer to access and view the Relevant Content on the Admirer'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 Admirer's accessing the Content (i.e. caching)), in accordance with the AllAdmirers Acceptable Use Policy.
7. Ownership of Content: The Admirer participating in the Admirer/Creator Transaction acknowledges and agrees that the license of the Relevant Content provided in section 6 of this agreement does not result in the Admirer acquiring any rights in or to the Relevant Content, which rights shall be retained by the Creator of the Relevant Content.

8. Expiry of license: The license granted to a Admirer in relation to the Relevant Content will expire automatically without notice in the following circumstances:

   1. if the Admirer Payment related to the Admirer/Creator Transaction was unsuccessful, or is charged back or reversed for any reason;
   2. in respect of pay-per-view Content, once the Admirer has completed viewing the Content;
   3. in respect of Subscriptions, at the end of the subscription period, unless the Subscription is configured to automatically renew as described in section 8(h) of the AllAdmirers Terms of Service
   4. if the Admirer's User account is suspended or terminated for any reason;
   5. if the Admirer acts in breach of the AllAdmirers Acceptable Use (whether in relation to the Relevant Content or at all);
   6. if the Content is removed from the Creator's account;
   7. if the Admirer closes their AllAdmirers User account.

9. Cancellation and refunds: In respect of every Admirer/Creator Transaction:

   1. The Admirer acknowledges that the Admirer/Creator Transaction will result in a supply of the relevant Content to the Admirer before the end of the period of 14 days from the date when the Admirer/Creator Transaction is entered into, and the Admirer gives his or her express consent to this and confirms to the Creator that he or she is aware that any statutory right to cancel the Admirer/Creator Transaction which the Admirer has under the Consumer Rights Act 2015 or any other applicable law will therefore be lost.
   2. This agreement does not affect any statutory right to receive a refund from the Creator which a Admirer may have under the Consumer Rights Act 2015 or any other applicable law.

10. Obligations between Creator and Admirer: In respect of every Admirer/Creator Transaction:

    1. The Admirer and the Creator participating in the Admirer/Creator Transaction agree to comply at all times with the AllAdmirers Acceptable Use Policy in relation to the Relevant Content, including when accessing, viewing and interacting with it.
    2. The Admirer participating in the Admirer/Creator Transaction agrees to make the Admirer Payment required to access, view or interact with the Relevant Content, and agrees not to initiate a chargeback other than if the Admirer disputes the Admirer/Creator Transaction in good faith.
    3. The Creator participating in the Admirer/Creator Transaction agrees to make the Relevant Content available to the Admirer once the Admirer has made the Admirer Payment applicable to the Relevant Content.
    4. The Creator warrants (makes a legally enforceable promise) that it possesses all necessary rights in and to the Relevant Content sufficient to license it to the Admirer in the territory in which the Admirer will be accessing the Relevant Content, and has obtained any and all permissions and consents needed to grant the license in section 6 of this agreement.
    5. 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 Relevant Content on an ongoing basis.
    6. Unless there has been negligence or other breach of duty by the Creator, the accessing by the Admirer of the Creator's Content is entirely at the Admirer's own risk.

11. No guarantees: The Admirer participating in the Admirer/Creator Transaction acknowledges that Creators may add and remove Content at any time from their Creator account, and that Creators have the discretion to decide what sort of Content to make available on their account. In addition, the Admirer participating in the Admirer/Creator Transaction acknowledges that there may be circumstances where it is not possible for the Admirer to access to Relevant Content to be provided under the Admirer/Creator Transaction, including:

    1. if the Creator's account is suspended or deleted;
    2. if the Admirer's account is suspended or deleted;
    3. if the availability of all or any part of AllAdmirers site is suspended or inaccessible; or
    4. if the Creator is unable to create or upload Relevant Content in the future.

12. Terms relating to disputes:

    1. This agreement is governed by New York State law and New York State law will apply to any claim that arises out of or relates to this agreement. The Admirer will also be able to rely on mandatory rules of the law of the country where he or she lives.

    2. Where claims can be brought:

       1. If this agreement is with a Admirer resident of United States any claim under this agreement may be brought in the courts of New York or the courts of state where the Admirer lives.
       2. If this agreement is with a Admirer resident outside of the United States, any claim under this agreement must be brought in the courts of New York, unless the Admirer and Creator otherwise agree.

Last updated: January 2024