Fan-Creator Agreement

This Fan-Creator Agreement (this "Agreement") governs each transaction and interaction between a Fan and a Creator on the dzply. platform (the "Platform").

This Agreement is legally binding and applies each time a Creator Interaction is initiated on the Platform. This Agreement applies to the exclusion of any other terms which the Fan or Creator may propose.

This Agreement supplements the dzply. Terms of Service, including without limitation dzply.'s Acceptable Use Policy and Community Guidelines, Complaints Policy and all other applicable dzply. terms and policies (collectively, "dzply. Policies").

If a conflict arises between this Agreement and the dzply. Policies, the terms of this Agreement will prevail for the scope it governs. All defined terms used herein but not defined in this Agreement will have the meaning assigned in the dzply. 

"Content Earnings" means the portion of a Content Payment payable to a Creator, as determined pursuant to the dzply. Policies and the Creator's separate agreement with dzply.

"Content Payment" means any payment related to a Creator Interaction, including Subscriptions, tips, pay-per-view content, custom content requests, and any other payments made by a Fan to access or interact with Creator Content.

"Creator" means a registered user who has set up their account to post Creator Content for Fans to view or interact with.

"Creator Content" means the specific content created and uploaded by a Creator the Platform and to which a Creator Interaction relates, including any photos, videos, audio, livestream material, text, images, or any other material made available by the Creator via the Platform.

"Creator Interaction" means any interaction on the Platform between a Fan and a Creator that involves access to Creator Content or communication with a Creator, including:

(i) Subscriptions;

(ii) payments for pay-per-view content;

(iii) tips;

(iv) custom content requests;

(v) messaging;

(vi) video calls;

(vii) any other interaction or payment between a Fan and a Creator's account or content.

"Creator Interaction License" means the non-transferable, non-sublicensable, non-exclusive, and revocable license granted by a Creator to a Fan to access and view Creator Content, as described in Section 5.

"Fan" means a registered user who makes a Content Payment to access a Creator's Creator Content or engage in a Creator Interaction.

"Subscription" means a Fan's binding agreement to obtain time-limited access to a Creator's Creator Content in exchange for recurring Content Payments at intervals specified by the Creator within the Platform's functionality.

"dzply." means dzply.'s

The only parties to this Agreement are the Fan and the Creator participating in the Creator Interaction. dzply. is not a party to any Creator Interaction and has no responsibility or liability for the terms, performance, quality, legality, or any other aspect of Creator Interactions.

dzply. operates the Platform and related services, and enables payment functionality on the Platform through its partners. dzply. is authorized to collect Content Payments from Fans, deduct applicable fees, and remit Content Earnings to Creators in accordance with the Creator's separate agreement with dzply.

dzply. is not an agent, intermediary, or representative of either Fan or Creator. dzply. does not mediate, arbitrate, or resolve disputes between Fans and Creators.

By initiating a Creator Interaction, the Fan agrees to pay the applicable Content Payment as set by the Creator. dzply. is authorized to collect all Content Payments, deduct applicable dzply. fees, and remit Content Earnings to the Creator.

Subscriptions and Auto-Renewal

When a Fan selects "subscribe" or otherwise purchases a Subscription offered by a Creator, the Fan enters into a binding Subscription with the Creator for the duration and price specified by the Creator within the Platform's functionality.

The Subscription will automatically renew at the then-current rate unless:

(a) the Fan's payment method is declined or unavailable;

(b) the Subscription price has materially increased since the prior term;

(c) the Fan disables auto-renewal via account settings;

(d) the Fan closes their account before the renewal date.

By subscribing, the Fan authorizes recurring charges and acknowledges that no further notice of renewal will be provided.

Content Payments may be subject to applicable sales, use, value-added, or other taxes as required by law. dzply. may collect and remit such taxes as legally required.

As part of each Creator Interaction, the Creator grants the Fan a Creator Interaction License to access and view the Creator Content.

The Creator Interaction License is non-exclusive, non-transferable, non-sublicensable, and revocable, and is limited to personal, non-commercial use.

Other Fans may access the same Creator Content. The Fan may not transfer, assign, or share access with any third party. 

The Fan may not grant sublicenses or derivative rights. The license may terminate automatically as provided in this section.

The Fan may view Creator Content solely for personal entertainment and may not reproduce, distribute, publicly display, publicly perform, create derivative works, or otherwise exploit the Creator Content.

The Creator Interaction License does not grant the Fan any ownership, intellectual property rights, or moral rights in the Creator Content. All rights remain with the Creator and/or dzply. as applicable.

The Creator Interaction License expires automatically and immediately, without notice, upon the occurrence of any of the following:

(a) the Content Payment related to the Creator Interaction is unsuccessful, reversed, or charged back;

(b) the Creator deletes the Creator Content or the Creator's account;

(c) the applicable Subscription period ends (for subscription-based access);

(d) the Fan's account is suspended, terminated, or closed;

(e) the Creator's account is suspended or terminated;

(f) the Fan breaches this Agreement or the dzply. Policies;

(g) the Creator Content is removed by dzply. pursuant to this Agreement;

(h) dzply. determines, in its sole discretion, that continued access is inappropriate or violates dzply. Policies, applicable law or other policies and requirements of dzply.

Creators may remove Creator Content, including pay-per-view or custom content, subject to their obligations under this Agreement. The Fan acknowledges that content availability is not guaranteed beyond the period during which the Creator chooses to make it available.

dzply. reserves the right to remove, restrict access to, or modify any Creator Content at any time and for any reason, including for violation of dzply. Policies, legal requirements, or in dzply.'s sole discretion. dzply. has no liability to Fan or Creator for any content removal or access restriction.

The Fan will gain access to Creator Content immediately or within a commercially reasonable time following the Content Payment. By entering into a Creator Interaction, the Fan expressly waives any statutory right to cancel the transaction, including under federal or state consumer protection laws, to the extent permitted by applicable law.

All refund requests are subject to the dzply. Policies. While dzply. may, in its sole discretion, review refund requests, and issue refunds in appropriate cases, dzply. is not responsible, and shall not be liable, for refunds related to Creator Interactions and has no obligation to mediate refund disputes between Fan and Creator.

Nothing in this Agreement affects any non-waivable statutory rights the Fan may have under applicable consumer protection laws.

By uploading Creator Content and engaging in Creator Interactions, the Creator:

(a) warrants that they own or control all necessary rights to the Creator Content and have authority to grant the Creator Interaction License; 

(b) is solely responsible for ensuring that all Creator Content is legal, authorized, does not infringe third-party intellectual property rights, and complies with all applicable laws and dzply. 

Policies; 

(c) agrees to deliver all promised aspects of each Creator Interaction, including custom content, messages, video calls, or other services offered to the Fan;

(d) acknowledges that dzply. is not responsible for the content, legality, quality, or availability of any Creator Content and that Creator bears all risk and liability related to Creator Content; and

(e) agrees not to delete, remove or withhold paid Creator Content, including pay-per-view or custom content, prior to the expiration of any agreed period of access, except where removal is required by law or dzply. Policies. If a Creator is unable to deliver, or removes paid Creator Content before the expiration of such period, the Creator agrees that the Fan may be entitled to a refund in accordance with the dzply. Policies.

By participating in a Creator Interaction, the Fan:

(a) agrees to use Creator Content only as permitted by the Creator Interaction License and dzply. Policies;

(b) agrees not to copy, reproduce, distribute, share, screen-record, download, or publicly display Creator Content in any form;

(c) agrees not to attempt to bypass Platform security, content protection measures, or access controls;

(d) agrees to make all Content Payments in good faith and not to initiate chargebacks or payment disputes unless the Fan has a legitimate, good-faith basis for such dispute;

(e) acknowledges that Creators may engage assistants, agents, or third parties to operate their accounts, communicate with Fans, or fulfill Creator Interactions; and

(f) assumes all risk associated with accessing and viewing Creator Content.

Both Fan and Creator agree to comply with all dzply. Policies and applicable law at all times.

dzply. makes no representations, warranties, or guarantees regarding:

(a) the availability, quality, accuracy, completeness, or legality of any Creator Content;

(b) the frequency or volume of new content uploads by any Creator;

(c) continuous or uninterrupted access to the Platform or any Creator Content;

(d) the compatibility of Creator Content with the Fan's preferences, devices, or expectations; or

(e) the performance or fulfillment of any Creator Interaction by any Creator.

All Creator Content and Creator Interactions are provided "AS IS" and "AS AVAILABLE" without warranty of any kind, express or implied.

The Fan acknowledges that circumstances beyond dzply.'s control may prevent or delay access to Creator Content, including technical issues, Creator actions, legal requirements, or Platform maintenance.

Both Fan and Creator hereby release, discharge, and hold harmless dzply., its affiliates, officers, directors, employees, agents, and representatives (collectively, "dzply. Parties") from any and all claims, demands, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) any Creator Interaction between Fan and Creator; (b) any dispute between Fan and Creator regarding Content Payments, Content Earnings, content quality, content delivery, refunds, or any other aspect of a Creator Interaction; (c) the legality, accuracy, quality, or availability of any Creator Content; (d) any breach of this Agreement by Fan or Creator; or (e) any act or omission by Fan or Creator in connection with the Platform.

Both Fan and Creator agree to indemnify, defend, and hold harmless the dzply. Parties from and against any and all third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) the Fan's or Creator's breach of this Agreement or the dzply. Policies; (b) the Fan's or Creator's use of the Platform or participation in Creator Interactions; (c) any Content Payment dispute, chargeback, or payment reversal; (d) any claim that Creator Content infringes third-party rights or violates applicable law; or (e) any claim by a third party related to the Fan's or Creator's actions on the Platform.

No dzply. Involvement. Any dispute arising between a Fan and a Creator, including disputes regarding Content Payments, content quality, content delivery, refunds, or any other aspect of a Creator Interaction, is solely between the Fan and Creator. dzply. is not a party to such disputes and has no obligation to mediate, arbitrate, or resolve them.

At its sole discretion, dzply. may choose to facilitate communication between Fan and Creator, but dzply. has no obligation to do so and any such facilitation does not make dzply. a party to the dispute or create any liability for dzply.

This Agreement will be governed by and constructed in accordance with the laws of the Czech Republic, without regard to its conflict of law principles. All claims under this Agreement must be brought in the state or federal courts located in Brno, Czech Republic and each party hereby consents to the exclusive jurisdiction and venue of such courts, unless otherwise agreed.

dzply. may amend this Agreement at any time by posting a revised version on the Platform. Continued use of the Platform following such posting constitutes acceptance of the amended Agreement.

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Neither Fan nor Creator may assign or transfer this Agreement without the prior written consent of the other party. dzply. may assign this Agreement without consent.

No waiver of any provision of this Agreement will be deemed or will constitute a waiver of any other provision, nor will any waiver constitute a continuing waiver.