1. Introduction: This Standard Contract between Fan and Star ("this agreement") sets out the terms which govern each transaction between a Fan and a Star on FiestaFans.
2. When does this agreement apply? Each time a Fan/Star Transaction is initiated on FiestaFans, this Standard Contract between Fan and Star will apply to the exclusion of any other terms which the Fan or Star may propose, and this Standard Contract between Fan and Star will legally bind the Fan and Star participating in the Fan/Star Transaction.
3. Parties: The only parties to this agreement are the Fan and Star participating in the Fan/Star Transaction. Neither Apps & Ads Ltd. nor any of its subsidiary companies is a party to this agreement and neither Apps & Ads Ltd. nor any of its subsidiary companies grants any rights in respect of, nor participates in, any Fan/Star Transaction, except that Apps & Ads Ltd. or any of its subsidiary companies may act as a payment intermediary in accordance with the Star’s and Fan’s instructions set out in section 5 of this agreement.
4. Interpretation: In this agreement, defined terms have the following meanings:
a. "FiestaFans" means the website accessed via the URL www.fiestafans.com or via any web browser;
b. "Content" means any material uploaded to FiestaFans by any User (whether a Star or a Fan), 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;
c. "Star" means a User who has set up their FiestaFans account as a Star account to post Content on FiestaFans to be viewed by other Users;
d. "Fan" means a User who follows a Star and is able to view the Star's Content;
e. "Referring User" means a User who participates in the FiestaFans Referral Program;
f. "Fan/Star Transaction" means any transaction between a Fan and a Star on FiestaFans by which access is granted to the Star's Content, including in any of the following ways: (i) a Subscription, (ii) payments made by a Fan to view a Star's pay-per-view Content (pay-per-view media and pay-per-view live stream), and (iii) payments made by a Fan to use the fan interaction function on a Star's account;
g. "Fan Payment" means (i) any and all payments made by a Fan in respect of any Fan/Star Transaction, and (ii) any and all tips;
i. "Subscription" means a Fan's subscription to a Star's account;
j. "VAT" means United Kingdom value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and
k. "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 UK or any other jurisdiction.
5. Pricing and payment: By entering into a Fan/Star Transaction, the Fan agrees to pay the Fan Payment applicable to the relevant Fan/Star Transaction in accordance with the pricing published in the Star's account plus any VAT which is applicable. The Fan and Star participating in the Fan/Star Transaction authorize Apps & Ads Ltd. or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the Fan Payment and any applicable VAT, to deduct the FIL Fee, and to pay out the sums due to Stars and (if applicable) Referring Users, as described in the FiestaFans Terms of Service.
6. License of Content: Once the Fan has made the Fan Payment for a Fan/Star Transaction, the Star grants to the Fan a limited license to access the applicable Content of that Star to which the Fan/Star Transaction relates (the "Relevant Content"). This license is non-transferable, non-sublicensable and non-exclusive, and permits the Fan to access and view the Relevant Content on the Fan'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 Fan's accessing the Content (i.e. caching)), in accordance with the FiestaFans Acceptable Use Policy.
7. Ownership of Content: The Fan participating in the Fan/Star Transaction acknowledges and agrees that the license of the Relevant Content provided in section 6 of this agreement does not result in the Fan acquiring any rights in or to the Relevant Content, which rights shall be retained by the Star of the Relevant Content.
8. Expiry of license: The license granted to a Fan in relation to the Relevant Content will expire automatically without notice in the following circumstances:
a. if the Fan Payment related to the Fan/Star Transaction was unsuccessful, or is charged back or reversed for any reason;
b. in respect of pay-per-view Content, once the Fan has completed viewing the Content;
d. if the Fan's User account is suspended or terminated for any reason;
e. if the Fan acts in breach of the FiestaFans Acceptable Use Policy (whether in relation to the Relevant Content or at all);
f. if the Content is removed from the Star's account;
g. if the Fan closes their FiestaFans User account.
9. Cancellation and refunds: In respect of every Fan/Star Transaction:
a. The Fan acknowledges that the Fan/Star Transaction will result in a supply of the relevant Content to the Fan before the end of the period of 14 days from the date when the Fan/Star Transaction is entered into, and the Fan gives his or her express consent to this and confirms to the Star that he or she is aware that any statutory right to cancel the Fan/Star Transaction which the Fan has under the Consumer Rights Act 2015 or any other applicable law will therefore be lost.
b. This agreement does not affect any statutory right to receive a refund from the Star which a Fan may have under the Consumer Rights Act 2015 or any other applicable law.
10. Obligations between Star and Fan: In respect of every Fan/Star Transaction:
a. The Fan and the Star participating in the Fan/Star Transaction agree to comply at all times with the FiestaFans Acceptable Use Policy in relation to the Relevant Content, including when accessing, viewing and interacting with it.
b. The Fan participating in the Fan/Star Transaction agrees to make the Fan Payment required to access, view or interact with the Relevant Content, and agrees not to initiate a chargeback other than if the Fan disputes the Fan/Star Transaction in good faith.
c. The Star participating in the Fan/Star Transaction agrees to make the Relevant Content available to the Fan once the Fan has made the Fan Payment applicable to the Relevan Content.
d. The Star warrants (makes a legally enforceable promise) that it possesses all necessary rights in and to the Relevant Content sufficient to license it to the Fan in the territory in which the Fan 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.
e. The Star is solely responsible for creating and uploading the Relevant Content. The Star provides no guarantees that it will continue to create and upload Relevant Content on an ongoing basis.
f. Unless there has been negligence or other breach of duty by the Star, the accessing by the Fan of the Star's Content is entirely at the Fan's own risk.
11. No guarantees: The Fan participating in the Fan/Star Transaction acknowledges that Stars may add and remove Content at any time from their Star account, and that Stars have the discretion to decide what sort of Content to make available on their account. In addition, the Fan participating in the Fan/Star Transaction acknowledges that there may be circumstances where it is not possible for the Fan to access to Relevant Content to be provided under the Fan/Star Transaction, including:
a. if the Star's account is suspended or deleted;
b. if the Fan's account is suspended or deleted;
c. if the availability of all or any part of FiestaFans site is suspended or inaccessible; or
d. if the Star is unable to create or upload Relevant Content in the future.
12. Terms relating to disputes:
a. This agreement is governed by English law and English law will apply to any claim that arises out of or relates to this agreement. The Fan will also be able to rely on mandatory rules of the law of the country where he or she lives.
b. Where claims can be brought:
i. If this agreement is with a Fan resident in the United Kingdom or the European Union, any claim under this agreement may be brought in the courts of England or the courts of the country where the Fan lives.
ii. If this agreement is with a Fan resident outside of the United Kingdom or the European Union any claim under this agreement must be brought in the courts of England, unless the Fan and Star otherwise agree.
Last updated: December 2022