Contract between Creator and Subscriber

Last updated: December 17, 2023

This Standard Contract, referred to as "this agreement," outlines the terms governing each interaction between Creator and Subscriber on RichSubscribers.

When does this agreement apply?

This agreement comes into effect whenever a Creator/Subscriber Transaction is initiated on RichSubscribers. It prevails over any alternative terms proposed by the Creator or Subscriber, legally binding the participants in the Creator/Subscriber Transaction.

Involved Parties

The only parties bound by this agreement are the Creator and Subscriber participating in the Creator/Subscriber Transaction. RichSubscribers Limited and its Subscribersidiary companies are not parties to this agreement. They do not confer any rights or participate in any Creator/Subscriber Transaction, except for the potential role as a payment intermediary in line with the Creator’s or Subscriber’s instructions as outlined in section Pricing and payment of this agreement.

Interpretation

In this agreement, certain terms have the following meanings:

  • "RichSubscribers" means the website accessed via the URL www.richSubscribers.com or via any web browser;
  • "Content" refers to any material uploaded to RichSubscribers by any User, whether they are a Creator or a Subscriber. This includes various forms such as photos, videos, audio (including music and other sounds), livestream material, data, text (including comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever.
  • "Creator" or "Content Creator" refers to a user who has registered their RichSubscribers account with a Creator role, enabling them to post content on RichSubscribers for other users to view.
  • "Subscriber" or "Subscriberscriber" refers to a user who has registered their RichSubscribers account with a Subscriber role, allowing them to follow a Creator and view the Content.;
  • "Creator/Subscriber Transaction" means any transaction between a Creator and Subscriber on RichSubscribers by which access is granted to the Creator's Content, including in any of the following ways: (i) a Subscriberscription, (ii) payments made by a Subscriber to view a Creator's pay-per-view Content (pay-per-view media and pay-per-view live stream), and (iii) payments made by a Subscriber to use the interaction function on a Creator's account;
  • "Subscriber Payment" means (i) any and all payments made by a Subscriber in respect of any Creator/Subscriber Transaction, and (ii) any and all tips;
  • "Service Fee" means the fee charged to Creators in accordance with Terms of Service of the RichSubscribers Terms of Service;
  • "Subscriberscription" means a Subscriber's Subscriberscription to a Creator's account;
  • Company (referred to as "Company", "We", "Us" or "Our" in this Agreement) means RichSubscribers Limited, st. Tarhova, 66A, office 26, Warsaw, Poland. (ul. TARGOWA, nr 66A, lok. 26, miejsk. WARSZAWA, code 03-734, poczta WARSZAWA, region of POLAND);
  • "VAT" refers to the Polish value-added tax and any other tax imposed additionally or as a Subscriberstitute for it, at the rate imposed from time to time. This includes any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost, or levy in any other jurisdiction;
  • "Tax" encompasses all forms of tax and statutory, governmental, state, federal, provincial, local government, or municipal charges, duties, imposts, contributions, levies, withholdings, or liabilities wherever chargeable, whether in Poland or any other jurisdiction.

Pricing and payment

When you join into Creator/Subscriber Transaction, you agree to pay the specified amount for the Creator’s Content as mentioned in the Creator's account. This includes any applicable taxes. RichSubscribers Limited or its Subscribersidiaries will handle the payment process, including collecting, holding, and processing your payment, deducting the Service Fee, and distributing the remaining amount to the Creator and, if applicable, referring users. This is all outlined in the RichSubscribers Terms of Service.

License of Content

Once the Subscriber has made the Subscriber Payment for a Creator/Subscriber Transaction, the Creator grants to the Subscriber a limited license to access the applicable Content of that Creator to which the Creator/Subscriber Transaction relates (the "Relevant Content"). This permission is limited and cannot be transferred, Subscriberlicensed, or exclusively granted to others. It allows the Subscriber to access and view the specified content on their personal device and web browser. The Subscriber can make a temporary copy of the content only if it is necessary for the technical process of accessing the Creator's content, as outlined in the RichSubscribers Terms of Service.

Ownership of Content

The Subscriber participating in the Creator/Subscriber Transaction acknowledges and agrees that the license of the Relevant Content provided in section 6 of this agreement does not result in the Subscriber 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 Subscriber in relation to the Relevant Content will expire automatically without notice in the following circumstances:

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

Cancellation and refunds:

In respect of every Creator/Subscriber Transaction:

  • The Creator agrees that the Subscriber can initiate a refund according to our Return Policy within 14 days after a purchase of any Content according to Consumer Rights Act 2014.

Obligations between Creator and Subscriber

In respect of every Creator/Subscriber Transaction:

  1. The Subscriber and the Creator participating in the Creator/Subscriber Transaction agree to always follow the RichSubscribers Terms of Service in relation to the Relevant Content, including when accessing, viewing and interacting with it.
  2. The Subscriber participating in the Creator/Subscriber Transaction agrees to make the Subscriber Payment required to access, view or interact with the Relevant Content, and promises not to request a refund unless the Subscriberscriber genuinely disagrees with the Creator/Subscriber Transaction.
  3. The Creator participating in the Creator/Subscriber Transaction agrees to make the Relevant Content available to the Subscriber once the Subscriber has made the Subscriber Payment applicable to the Relevant Content.
  4. The Creator assures (makes a legally enforceable promise) that they have all the required rights to the Relevant Content. This includes the authority to license it to the Subscriber in the region where the Subscriber will access the content. The Creator also confirms obtaining all necessary permissions and consents as required for the license outlined in section 6 of this agreement.
  5. The Creator is 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.
  6. Unless there has been negligence or other breach of duty by the Creator, the accessing by the Subscriber of the Creator's Content is entirely at the Subscriber's own risk.

No guarantees

The Subscriber involved in the Creator/Subscriber Transaction recognizes that Creators can add or remove content from their Creator account whenever they want. Creators have the freeCreator to choose the type of content they want to share on their account. Furthermore, the Subscriber acknowledges that certain situations may arise where they may not be able to access the Relevant Content promised in the Creator/Subscriber Transaction, including:

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

Terms relating to disputes

  1. This agreement is governed by Polish law and Polish law will apply to any claim that arises out of or relates to this agreement. The Subscriber will also be able to rely on mandatory rules of the law of the country where he or she lives.
  2. Where claims can be brought:
    • If this agreement is with a Subscriber resident in Poland or the European Union, any claim under this agreement may be brought in the courts of Poland or the courts of the country where the Subscriber lives.
    • If this agreement is with a Subscriber resident outside of Poland or the European Union any claim under this agreement must be brought in the courts of Poland, unless the Subscriber and Creator otherwise agree.