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PURCHASE & LICENSE AGREEMENT BETWEEN FAN AND CREATOR

If a Fan purchases something from a Creator this will be governed by this standard Purchase Agreement. All capitalized terms in this Purchase Agreement have the same meaning as in the Terms.

  1. Parties and applicability
    1. If Content or Products are sold on Fannilla™ a Transaction will be concluded. This Purchase Agreement applies to every Transaction. All terms and conditions in addition to or derogating from this Purchase Agreement are expressly excluded.
    2. The parties to this Purchase Agreement are the Fan and the Creator. Fannilla™ B.V. facilitates the Transactions and Purchase Agreement but is never a party to the Purchase Agreement.
    3. If the Fan is a Consumer and purchases from a Creator who is a Business User, this Purchase Agreement shall qualify as a consumer purchase as meant in article 7:5 Dutch Civil Code (DCC) (Consumer Purchase).
    4. The Fan and Creator both agree to comply with the Terms and the Acceptable Use Policy in any interaction between each other.

    PURCHASES

  2. Withdrawal and refunds
    1. This Purchase Agreement does not affect any rights of the Fan to seek a refund from the Creator based on (national) consumer protection laws.
    2. In case of a Consumer Purchase, the Fan has the right to withdraw the purchase within 14 days (as meant in article 9 of the European Directive 2011/83/EU and article 6:230o DCC). The articles 2.3, 2.4 an 6:230p DCC contain exceptions to this rule.
    3. The Fan agrees that with a purchase of Content (i) the Creator directly delivers the Content and (ii) the Fan waives any right to withdrawal. Once the Content has been delivered, the Fan can no longer invoke the right of withdrawal.
    4. The Fan is aware that for Products that are not suitable to be returned for health and hygiene reasons (e.g. underwear), the Fan cannot invoke the right of withdrawal from the moment the Fan breaks the seal.
  3. Transaction and sales prices
    1. The Creator determines the Sales Price for the Content or Products it sells.
    2. All Sales Prices are exclusive of applicable VAT or other taxes and are shown in USD or EUR.
    3. By entering into a Transaction, the Fan agrees to pay the Sales Price and applicable VAT and the Creator agrees to fulfil its part of the Transaction (e.g. shipping Products or granting access to Content).
    4. The Fan and Creator authorize Fannilla™ to facilitate the payments relating to any Transaction via third party payment providers.
    5. The payments are transacted in USD or EUR (depending on the countries of resident of the Fan and Creator and the preference of the Creator).
    6. The Fan agrees to not make any unjustified chargebacks.

    INTELLECTUAL PROPERTY

  4. License
    1. This license is for viewing purposes only and does not include the right to reproduce, distribute, modify, or use the Content for any commercial purposes. The Creator retains all ownership and intellectual property rights in the Content. The Fan agrees to respect these rights and not infringe upon the Creator's intellectual property. This license is effective upon the Fan's acceptance and use of the Content and remains valid as long as the Content is available to the Fan on the platform.
    2. The Creator gives the Fan a limited and strictly personal license to access and view the Content once the Fan Payment has been made (the License). The License is non-exclusive, non-transferable and non sub-licensable. This license is for viewing purposes only and does not include the right to reproduce, distribute, modify, or use the Content for any (commercial) purposes.
    3. The License will expire automatically if:
      • the Content has been removed by Fannilla™ or the Creator from the Platform;
      • the Fan Payment was unsuccessful;
      • in relation to access to Content based on a Subscription, if the Subscription has ended;
      • if the relevant Fan or Creator account has been suspended, terminated or deleted.
    4. The License is subject to termination by the Creator at any time if the Fan violates this Purchase Agreement, such as misuse or unauthorized distribution of the Content. Upon termination, the Fan must immediately cease viewing the Content and delete or destroy any copies of the Content in their possession.
  5. Intellectual Property Creator
    1. The Creator guarantees (i) to be the sole and exclusive owner of the Content and/or Products it intends to sell to the Fan, or (ii) to have obtained all necessary rights, licenses, consents or waivers to sell the Content and/or Products to the Fan via Fannilla™.
    2. The Creator remains the owner of all Intellectual Property rights or licenses owned in relation to the Content and/or Products sold to the Fan. The sale of Content and/or Products via Fannilla™ does not affect the rights of the Creator in relation to their Content and/or Products.
    3. The Fan participating in the Transaction acknowledges and agrees that:
      • the Intellectual Property Rights in the Content and Products remain with the Creator
      • the Fan Payment was unsuccessful;
      • the License does not result in the Fan acquiring any Intellectual Property rights in relation to the relevant Content and/or Products; and
      • any unauthorized use, reproduction, or distribution of the Content and Products is strictly prohibited; and

    OTHER

  6. Miscellaneous
    1. The invalidity or unenforceability of any provision the Purchase Agreement will not affect the validity or enforceability of any other provision of the Purchase Agreement. Any such invalid or unenforceable provision will be replaced by a provision that is considered to be valid and enforceable and which interpretation will be as close as possible to the intent of the invalid provision.
    2. A party to this Purchase Agreement is not allowed assign or transfer any rights and obligations on account of this Purchase Agreement without prior written approval of the other party.
    3. Changes to this Purchase Agreement are only valid if they are in writing and agreed by both parties.
  7. Applicable laws and disputes
    1. The Purchase Agreement is governed by the laws of the Netherlands. Notwithstanding this choice of law, the Fan is entitled to the protection afforded to him/her by the mandatory laws of his/her country of residence.
    2. The competent court of Amsterdam has jurisdiction to hear a case relating to this Purchase Agreement, unless the mandatory local (consumer) law of country of residence of (one of) the parties to this Purchase Agreement provides otherwise.
    3. In case of a Consumer Purchase and if the Fan is a resident of the European Economic Area, the Fan may seek redress through alternative dispute resolution (ADR) bodies in the country of residence. A list of certified ADR bodies in EU Member States is available at:https://consumer-redress.ec.europa.eu/dispute-resolution-bodies