Contract between Fan and Creator

Contract between Fan and Creator

Introduction

This Contract between Fan and Creator ("this Agreement") governs each interaction between a Fan and a Creator on Prime X Society.

Scope

This Agreement is legally binding and applies each time a Creator Interaction is initiated on Prime X Society. This Agreement applies to the exclusion of any other terms which the Fan or Creator may propose.

Parties

The only parties to this Agreement are the Fan and Creator participating in the Creator Interaction. The Company and/or its Subsidiaries are not parties to this Agreement or any Creator Interaction except as set forth below.

Interpretation

In this Agreement, defined terms have the following meanings:

  • "Company": Prime X Society LLC

  • "Content": any material uploaded to Prime X Society by any User, including photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever

  • "Creator": a User who has set up their Prime X Society account to post Content for Fans to view

  • "Creator Earnings": the portion of a Fan Payment payable to a Creator pursuant to the Terms of Service

  • "Creator Interaction": an interaction on Prime X Society 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": the non-transferable, non-sublicensable, and non-exclusive rights each Creator grants to Relevant Content

  • "Fan": a User who has registered for an account and who can access a Creator’s Content via a Creator Interaction

  • "Fan Payment": any payment related to a Creator Interaction

  • "Platform Fee": the 20% of all Fan Payments charged to Creators in accordance with the Terms of Service

  • "Include", "Includes" and "Including": also mean "without limitation"

  • "Indirect Sales Taxes": any Tax that is statutorily applied to Fan Payments in any relevant jurisdiction

  • "Prime X Society": the website accessed via www.primexsociety.com or via any web browser, owned and operated by the Company

  • "Paid Relevant Content": any Content for which the Fan must make a Fan Payment

  • "Referring User": a User who participates in the Prime X Society Referral Program

  • "Relevant Content": the applicable Content of a Creator to which a Creator Interaction relates

  • "Subscription": a Fan’s binding agreement to obtain access for a specific period of time to all Content that a Creator makes available to Fans in exchange for authorising automatic renewal payments (excluding individually priced Content)

  • "Subsidiary": any legal entity which the Company or one of the Company's subsidiaries controls

  • "Tax": all forms of tax and statutory or governmental charges in any applicable jurisdiction

  • "Upload": publish, display, post, type, input, or otherwise share any material on Prime X Society

  • "User": any user of Prime X Society, whether a Creator or a Fan

Pricing and Payment

The Fan entering into a Creator Interaction agrees to pay the applicable Fan Payment plus any Indirect Sales Tax, 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 pay applicable referral payments.

Subscriptions and Renewals

When you select "Subscribe," you agree to start a Subscription. A Subscription will automatically renew at the current rate (plus Indirect Sales Tax). You authorise the Company to charge you again after each Subscription unless:

  • your payment is declined

  • the Subscription price has increased

  • you switch off Auto-Renew

  • you close your account before renewal

Licence of Content

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

Ownership of Content

The Creator Interaction Licence does not grant any ownership rights to the Fan.

Expiry of Licence

The licence expires automatically if:

  • payment fails or is reversed

  • content or account is deleted

  • subscription ends

  • account is suspended

  • terms are breached

  • account is closed

Removal of Content

The Company may remove any Content at any time. Creators may also remove their Content at any time.

Cancellation and Refunds

  • Fans gain access within 14 days

  • Statutory cancellation rights may not apply except for subscriptions

  • Refund rights remain subject to applicable law

  • Refunds are also subject to the Company’s Terms of Service

Obligations Between Creator and Fan

  • Both must comply with Terms of Service

  • Creator is responsible for Content

  • Creator guarantees rights to Content

  • Fan agrees to pay required fees

  • Fan agrees not to abuse chargebacks

  • Fan accepts risk of accessing Content

No Guarantees

Access to Content may be interrupted due to technical or platform issues.

Applicable Law and Disputes

This Agreement is governed by the laws of England and Wales.

Where Claims Can Be Brought

  • UK/EU Fans: courts of England & Wales or local country

  • All others: courts of England & Wales

Severability

If any provision is invalid, the rest remains in full force and effect.