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Contract Between Fan And Creator

Last updated: September 2022

1. General provisions

This Standard Contract between Fan and Creator (hereinafter referred to as "this agreement") defines the terms applicable to any transaction that may occur between a Fan and a Creator on Roompire. This agreement comes into effect and legally binds the Fan and Creator each time a Fan/Creator Transaction is initiated on Roompire with the exception of all other terms the Fan or Creator may suggest.

2. Parties

The Fan and Creator participating in a Fan/Creator Transaction are the only parties to this agreement. Roompire and any of its subsidiaries are not a party to this agreement and do not participate in any Fan/Creator Transaction. Roompire and any of its subsidiaries, however, may act as a payment mediator in accordance with the section 4 of this agreement.

3. Definition of terms

The terms used in this agreement have the following meanings:

  1. Roompire means the website accessible via the URL https://roompire.com with any web browser;
  2. "Content" means any material made available to Roompire by a User (a Creator or a Fan), including any photos, images, audios, videos, livestream material, text, data, metadata, interactive features or any other material;
  3. "Creator" means a User who has set up their Roompire Creator account to provide Content to other Users on Roompire;
  4. "Fan" means a User who follows a Creator and is allowed to view the Creator's Content;
  5. "Referring User" means a User who participates in the Roompire Referral Program;
  6. "Fan/Creator Transaction" means any transaction between a Fan and a Creator on Roompire within which the Fan gains access to the Creator's Content by means of:
    1. subscription,
    2. payments made by a Fan for a Creator's pay-per-view Content, and
    3. payments made by a Fan to execute the fan interaction function on a Creator's account;
  7. "Fan Payment" means any payment or tip made by a Fan within any Fan/Creator Transaction;
  8. "Subscription" means a subscription to a Creator's account made by a Fan;
  9. "VAT" means value added tax and any other tax imposed in addition to or in substitution for it and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost, or levy in any other jurisdiction;
  10. "Tax" means all kinds of tax and charges (including but not limited to all governmental, federal, local and municipal charges and contributions).

4. Prices and payments

The Fan who enters into a Fan/Creator Transaction agrees to pay the Fan Payment relevant to this Fan/Creator Transaction in accordance with the pricing stated in the Creator's account plus any applicable VAT. The Fan and Creator participating in a Fan/Creator Transaction authorise Roompire or any of its subsidiaries to act as a payment mediator which includes processing of the Fan Payment, any applicable VAT or fees, and paying out the sums due to the Creator and Referring Users (if applicable) in accordance with the Roompire Terms of Service.

5. Content Licence

  1. As soon as the Fan Payment for a Fan/Creator Transaction was made, the Creator provides the Fan with a limited, non-sublicensable, non-transferable and non-exclusive licence to access the Creator’s Content subject to the Fan/Creator Transaction (hereinafter referred to as the "Relevant Content"). This licence allows the Fan to access the Relevant Content via the Fan's personal device (the technical process of this accessing may include caching, i.e. creation of a temporary copy of this Content on the Fan’s device), in accordance with the Roompire Terms of Service.
  2. The Fan agrees that the licence regarding the Relevant Content provided by the Creator within the Fan/Creator Transaction does not grant the Fan any rights in or to this Relevant Content with all rights being retained by the Creator.
  3. The licence provided to the Fan will expire automatically without notice under the following circumstances:
    1. if the Fan Payment for the Fan/Creator Transaction was unsuccessful, charged back or reverted for any reason;
    2. at the end of Subscription period unless automatic renewal of subscription was set up in accordance with the Roompire Terms of Service (regarding Subscriptions);
    3. as soon as the Fan has completed viewing the Content (regarding pay-per-view Content);
    4. if the Content was removed from the Creator's account;
    5. if the Fan’s account was suspended, banned or terminated for any reason or the Fan closed their Roompire account;
    6. if the Fan’s account was involved in any activity that violates the Roompire Terms of Service.

6. Cancellation and refunds

The following is relevant to any Fan/Creator Transaction:

  1. The Fan agrees that the Fan/Creator Transaction will result in a provision of the Relevant Content to the Fan within 14 days from the date of initiating the Fan/Creator Transaction and gives their consent that any statutory right to cancel the Fan/Creator Transaction which the Fan may have under any applicable law will therefore be lost.
  2. This agreement does not affect any statutory right to refund the Fan may have from the Creator under any applicable law.

7. Fan and Creator Obligations

The following is relevant to any Fan/Creator Transaction:

  1. The Fan and the Creator participating in the Fan/Creator Transaction agree to comply with the Roompire Terms of Service in respect of the Relevant Content.
  2. The Creator participating in the Fan/Creator Transaction agrees to make the Relevant Content available to the Fan as soon as the Fan has made the Fan Payment.
  3. The Fan participating in the Fan/Creator Transaction agrees to make the Fan Payment for the Relevant Content and not to initiate a chargeback without reasonable basis.
  4. The Creator makes a legally enforceable promise that they possess all necessary rights and consents in respect of the Relevant Content to license it to the Fan in the scope in which the Fan is able to access the Relevant Content.
  5. The Fan accesses the Relevant Content at their own risk.
  6. The Creator is solely responsible for creating and uploading the Relevant Content and provides no guarantees that they will continue to create and upload Relevant Content on an ongoing basis.

8. No guarantees

  1. The Fan participating in the Fan/Creator Transaction is aware that Creators may decide what kind of Content to make available on their account and that Creators may add or remove their Content at any time.
  2. The Fan participating in the Fan/Creator Transaction is aware that there may be circumstances under which the Fan can not access to Relevant Content, which may include:
    1. if the Fan's account is suspended or deleted;
    2. if the Creator's account is suspended or deleted;
    3. if the Creator is unable to create or upload the Relevant Content in the future;
    4. if the Roompire is suspended or inaccessible.

9. Dispute resolution

  1. The Slovak Republic law governs this agreement and will apply to any claim that may arise or relate to this agreement. The Fan will also be able to rely on mandatory law and regulations of the country where he or she lives.
  2. Any claim related to this agreement must be brought in the courts of the Slovak Republic.

10. Additional and contact information

Roompire is a product by Infoholders s.r.o. registered in Slovak Republic with company registration number 51161869 and office register address located at Magurská 37, Banská Bystrica, 974 11, Slovenská republika. Our VAT number is SK2120610932.

If you have any questions or concerns about this agreement, or would like to gain more information, please contact our support team at support@roompire.com.