Standard Contract Between Fan and Creator

This Standard Contract (the "Agreement") is made between the fan ("Fan") and the creator ("Creator") in accordance with the Acceptable Use Policy.

When Does This Agreement Apply?

This Agreement applies to any transaction between Fan and Creator facilitated by Ink Interactive Ou or one of its subsidiaries. It is in force and agreed to when initiating a transaction between Fan and Creator. This Standard Contract between Fan and Creator will legally bind the Fan and Creator participating in the Fan/Creator Transaction.

Parties Involved

The only parties to this agreement are the Fan and Creator participating in the Fan/Creator Transaction. Neither Ink Interactive Ou nor any of its subsidiary companies are a party to this agreement, and neither Ink Interactive Ou nor any of its subsidiary companies grants any rights in respect of, nor participates in, any Fan/Creator Transaction, except that Ink Interactive Ou or any of its subsidiary companies may act as a payment intermediary.

Interpretations

In this Agreement, unless the context otherwise requires:

• "Content" refers to materials uploaded onto Localfans by a Creator provided to the Fan, such as photographs, videos, audio recordings, and written documents.
• "Creator" refers to the individual set up with a creator account or entity who provides the Content to the Fan.
• "Fan" refers to the individual who purchases the Content from Creator.
• "Referring User" refers to a user participating in the Localfans referral program.
• "Fan Payment" refers to any payments a Fan makes to a Creator.
• "Localfans Fee" refers to the fee charged by Ink Interactive Ou or one of its subsidiaries for facilitating the Transaction.
• "Subscription" refers to a recurring payment made by a Fan to a Creator for ongoing content access.
• "VAT" refers to Value Added Tax, a tax on goods and services in many countries.
• "Tax" refers to any applicable taxes, including but not limited to VAT, that may be charged on the Fan Payment or Localfans Fee.
• "Transaction" means any purchase made by Fan from Creator through Ink Interactive Ou.

Pricing and Payment

By initiating a Fan/Creator Transaction on Localfans, the Fan agrees to pay the Fan Payment applicable to the relevant transaction in accordance with the pricing published in the Creator's account plus any applicable VAT. The Fan and Creator participating in the transaction authorize Localfans 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 Localfans Fee, and to pay out the sums due to Creators and (if applicable) Referring Users, as described in the Localfans Terms of Service.

License of Content

Upon making the Fan Payment for a Fan/Creator Transaction, the Creator grants the Fan a limited license to access the Relevant Content of that Creator. This license is non-transferable, non-sublicensable, and non-exclusive. It allows the Fan to access and view the Relevant Content on their personal device and via a normal web browser. The Fan may make a temporary single copy of the Content only to the extent that it is an incidental and technical process of accessing it, such as caching. The Fan must comply with the OnlyFans Acceptable Use Policy when accessing the Content.

Ownership of Content

Localfans users acknowledge and agree that the license of the Relevant Content provided above in “License of Content” of the Standard Contract does not result in the Localfans user acquiring any rights in or to the Relevant Content, which rights shall be retained by the Creator of the Relevant Content.

Expiry of License

The license granted to a Fan in relation to the Relevant Content will expire automatically without notice in the following circumstances:

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

Cancellation and Refunds

In respect of every Localfans Fan/Creator Transaction:

The Fan acknowledges that the Fan/Creator 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/Creator Transaction is entered into, and the Fan gives their express consent to this and confirms to the Creator that they are aware that any statutory right to cancel the Fan/Creator Transaction which the Fan has under the Consumer Rights Act 2015 or any other applicable law will therefore be lost.

This agreement does not affect any statutory right to receive a refund from the Creator which a Fan may have under the Consumer Rights Act 2015 or any other applicable law.

Obligations between Creator and Fan

• For every Fan/Creator transaction on Localfans, the Creator has agreed to supply the Content to the Fan within a 14-day window after the transaction takes place and to comply with all obligations set out in the Agreement. The Fan has agreed to comply with all obligations in the Agreement, including payment for and use of the Content.
• The Fan and the Creator participating in the Fan/Creator Transaction agree to comply at all times with the Localfans Acceptable Use Policy in relation to the Relevant Content, including when accessing, viewing, and interacting with it.
• The Fan participating in the Fan/Creator 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/Creator transaction in good faith.
• The Creator participating in the Fan/Creator transaction agrees to make the Relevant Content available to the Fan once the Fan has made the Fan Payment applicable to the Relevant Content.
• The Creator warrants that they possess 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.
• 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.
• Unless there has been negligence or other breach of duty by the Creator, the accessing by the Fan of the Creator's Content is entirely at the Fan's own risk.

No Guarantees

Localfans makes no guarantees regarding the Relevant Content, including but not limited to its accuracy, suitability, or fitness for a particular purpose.

The Fan participating in the Localfans Fan/Creator Transaction acknowledges that Creators may add and remove Relevant Content at any time from their Creator account, and that Creators have the discretion to decide what sort of Relevant Content to make available on their account. In addition, the Fan participating in the Localfans Fan/Creator 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 Localfans Fan/Creator Transaction, including:

• if the Creator's account is suspended or deleted;
• if the Fan's account is suspended or deleted;
• if the availability of all or any part of Localfans site is suspended or inaccessible; or
• if the Creator is unable to create or upload Relevant Content in the future.

Terms Relating to Disputes

If a dispute arises between a Fan and Creator on Localfans, they will attempt to resolve it through good faith negotiations. If the dispute cannot be resolved, either party may refer the dispute to mediation or arbitration in accordance with the rules of the American Arbitration Association.

The Localfans Standard Contract is governed by Estonian law and Estonian law will apply to any claim that arises out of or relates to the agreement. The Fan will also be able to rely on mandatory rules of the law of the country where they reside.

Where claims can be brought:

• If the Fan is a resident of Estonia or the European Union, any claim under this agreement may be brought in the courts of Estonia or the courts of the country where the Fan lives.
• If the Fan is a resident outside of the European Union, any claim under this agreement must be brought in the courts of Estonia, unless the Fan and Creator otherwise agree.

If a Creator's account is suspended or deleted, Fans will not have access to any Content purchased from that Creator. By initiating a transaction with a Creator through Localfans, the Fan agrees to be bound by the terms of the Localfans Standard Contract.