Introduction: This Standard Contract between Fan and Creator (“this agreement“) outlines the conditions that apply to each transaction between a Fan and a Creator on YumyHub.
When does this agreement take effect? This Standard Contract between Fan and Creator will be used each time a Fan/Creator Transaction is started on YumyHub. It will take precedence over any other terms that the Fan or Creator may suggest, and it will bind the Fan and Creator who are taking part in the Fan/Creator Transaction.
Parties: The Fan and the participating Creator in the Fan/Creator Transaction are the only parties to this agreement. The only exception is that Yumy Brands, LLC. or any of its subsidiary companies may act as a payment intermediary in accordance with the Creator and Fan’s instructions as specified in section 5 of this agreement. Neither Yumy Brands, LLC. nor any of its subsidiary companies is a party to this agreement and neither Yumy Brands, LLC. nor any of its subsidiary companies grants any rights in respect of, nor participates in, any Fan/Creator Transaction.
“YumyHub” refers to the website accessed by any web browser or the address www.yumyhub.com;
“Content” refers to any material uploaded to YumyHub by any User (whether a Creator or a Fan), including any photos, videos, audio (for example, music and other sounds), livestream content, data, text (for example, comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and other kinds of content;
“Creator” refers to a User who has configured their YumyHub account as a Creator account to post Content on YumyHub for other Users to view; “Fan” refers to a User who follows a Creator and has access to the Creator’s Content; “Referring User” refers to a User who takes part in the YumyHub Referral Program;
“Fan/Creator Transaction” refers to any transaction between a Fan and a Creator on YumyHub through which access to the Creator’s Content is made available, including any of the following: I a Subscription, (ii) payments made by a Fan 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 Fan to use the fan interaction function on
Pricing and payment: By agreeing to a Fan/Creator Transaction, the Fan agrees to pay the Fan Payment applicable to that particular Fan/Creator Transaction in accordance with the pricing listed in the Creator’s account, plus any applicable VAT. The Fan and Creator taking part in the Fan/Creator Transaction authorize Yumy Brands, LLC. or any of its subsidiaries to act as a payment intermediary and to gather, hold, and process the Fan Payment and any applicable VAT, to subtract the FIL Fee, and to pay out the amounts due to Creators and (if applicable) Referring Users, as outlined in the YumyHub Terms of Service.
After receiving the Fan Payment for a Fan/Creator Transaction, the Creator grants the Fan a constrained license to access the Relevant Content (also known as the “Applicable Content”) of that Creator. This license, which is non-transferable, non-sublicensable, and non-exclusive, allows the Fan to access and view the Relevant Content on the Fan’s personal device and through a standard 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 YumyHub Acceptable Use Policy.
Ownership of Content: The Fan taking part in the Fan/Creator Transaction acknowledges and agrees that the license of the Relevant Content granted in section 6 of this agreement does not grant the Fan any ownership interest in or right to the Relevant Content; rather, the Creator of the Relevant Content shall retain ownership of the Relevant Content.
License Expiration: For pay-per-view content, after the fan has finished viewing it; for subscriptions, at the end of the subscription period, unless the subscription is set up to automatically renew; and in the following situations, the license granted to a Fan in relation to the Relevant Content will expire automatically without notice.
Refunds and cancellation: Regarding every 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 the Fan/Creator Transaction is entered into, and the Fan gives his or her express consent to this. The Fan also confirms to the Creator that he or she is aware that any statutory right to cancel the Fan/Creator Transaction which the Fan has under the Consumer Rights A
Any statutory right a Fan may have to a refund from the Creator under the Consumer Rights Act 2015 or any other applicable law is unaffected by this agreement.
Obligations between the creator and the fan: Regarding each Fan/Creator Transaction:
The Fan and the Creator agree to always adhere to the YumyHub Acceptable Use Policy in relation to the Relevant Content, including when accessing, viewing, and engaging with it.
The Fan who is taking part in the Fan/Creator Transaction agrees to pay the Fan Payment necessary to access, view, or engage with the Relevant Content and agrees not to attempt a chargeback unless they sincerely dispute the Fan/Creator Transaction.
When the fan makes the fan payment applicable to the relevant content, the participating Creator in the fan/creator transaction promises to make the relevant content available to the fan.
The Creator represents and guarantees (makes a legally enforceable commitment) that it has all rights in and to the Relevant Content necessary to grant the license set forth in section 6 of this Agreement to the Fan in the jurisdiction in which the Fan will be accessing the Relevant Content.
The Relevant Content must be created and uploaded entirely by the Creator. The Creator makes no promises that it will consistently produce and post Relevant Content.
The Fan accesses the Creator’s Content totally at his or her own risk, barring any instances of the Creator’s negligence or other duty violations.
There are no promises: The Fan taking part in the Fan/Creator Transaction recognizes that Creators may add and remove Content from their Creator accounts at any time, and that Creators have the choice of what kinds of Content to make available on their accounts. Additionally, the Fan taking part in the Fan/Creator Transaction acknowledges that there may be instances where the Fan is unable to access the Relevant Content provided under the Fan/Creator Transaction, such as: if the Creator’s account is suspended or deleted; if the Fan’s account is suspended or deleted; if all or any portion of the YumyHub website is suspended or inaccessible; or if the Creator is unable to create or upload Relevant Content.
Terms pertaining to Disputes: This Agreement shall be construed in accordance with and controlled by the laws of the United States of America. The Fan will also be able to rely on the mandatory laws of the nation in which they reside.
Where claims may be filed:
If this agreement is with a US-based Fan, all claims arising from it may be brought in US courts.
Unless the Fan and Creator agree differently, this agreement is made with an international fan who resides outside of the United States.
