1.    Introduction: This Standard Contract between Devotee and Content Creator ("this agreement") sets out the terms which govern each transaction between a Devotee and a Content Creator on Sharemypleasure.com

 

2.    When does this agreement apply? Each time a Devotee/Content Creator Transaction is initiated on Sharemypleasure.com, this Standard Contract between Devotee and Content Creator will apply to the exclusion of any other terms which the Devotee or Content Creator may propose, and this Standard Contract between Devotee and Content Creator will legally bind the Devotee and Content Creator participating in the Devotee/Content Creator Transaction.

 

3.    Parties: The only parties to this agreement are the Devotee and Content Creator participating in the Devotee/Content Creator Transaction. Neither Fenix International Limited nor any of its subsidiary companies is a party to this agreement and neither Fenix International Limited nor any of its subsidiary companies grants any rights in respect of, nor participates in, any Devotee/Content Creator Transaction, except that Fenix International Limited or any of its subsidiary companies may act as a payment intermediary in accordance with the Content Creator’s and Devotee’s instructions set out in section 5 of this agreement.

 

4.    Interpretation: In this agreement, defined terms have the following meanings:

 

a.    "Sharemypleasure.com" means the website accessed via the URL www.Sharemypleasure.com.com or via any web browser

 

b.    "Content" means any material uploaded to Sharemypleasure.com by any User (whether a Content Creator or a Devotee), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;

 

c.    "Content Creator" means a User who has set up their Sharemypleasure.com account as a Content Creator account to post Content on Sharemypleasure.com to be viewed by other Users;

 

d.    "Devotee" means a User who follows a Content Creator and is able to view the Content Creator's Content;

 

e.    "Referring User" means a User who participates in the Sharemypleasure.com Referral Program;

 

f.     "Devotee/Content Creator Transaction" means any transaction between a Devotee and a Content Creator on Sharemypleasure.com by which access is granted to the Content Creator's Content, including in any of the following ways: (i) a Subscription, (ii) payments made by a Devotee to view a Content Creator's pay-per-view Content (pay-per-view media and pay-per-view live stream), and (iii) payments made by a Devotee to use the Devotee interaction function on a Content Creator's account;

 

g.    "Devotee Payment" means (i) any and all payments made by a Devotee in respect of any Devotee/Content Creator Transaction, and (ii) any and all tips;

 

h.    "FIL Fee" means the fee charged to Content Creators in accordance with section 5 of the Sharemypleasure.com Terms of Use for Content Creators policy available upon request

 

i.     "Subscription" means a Devotee's subscription to a Content Creator's account;

 

j.     "VAT" means United Kingdom value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and

 

k.    "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the UK or any other jurisdiction.

 

5.    Pricing and payment: By entering into a Devotee/Content Creator Transaction, the Devotee agrees to pay the Devotee Payment applicable to the relevant Devotee/Content Creator Transaction in accordance with the pricing published in the Content Creator's account plus any VAT which is applicable. The Devotee and Content Creator participating in the Devotee/Content Creator Transaction authorize Fenix International Limited or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the Devotee Payment and any applicable VAT, to deduct the FIL Fee, and to pay out the sums due to Content Creators and (if applicable) Referring Users, as described in the Sharemypleasure.com Terms of Service.

 

6.    License of Content: Once the Devotee has made the Devotee Payment for a Devotee/Content Creator Transaction, the Content Creator grants to the Devotee a limited license to access the applicable Content of that Content Creator to which the Devotee/Content Creator Transaction relates (the "Relevant Content"). This license is non-transferable, non-sublicensable and non-exclusive, and permits the Devotee to access and view the Relevant Content on the Devotee's personal device and via a normal 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 Devotee's accessing the Content (i.e. caching)), in accordance with the Sharemypleasure.com acceptable use policy available upon request.

 

7.    Ownership of Content: The Devotee participating in the Devotee/Content Creator Transaction acknowledges and agrees that the license of the Relevant Content provided in section 6 of this agreement does not result in the Devotee acquiring any rights in or to the Relevant Content, which rights shall be retained by the Content Creator of the Relevant Content.

 

8.    Expiry of license: The license granted to a Devotee in relation to the Relevant Content will expire automatically without notice in the following circumstances:

 

a.    if the Devotee Payment related to the Devotee/Content Creator Transaction was unsuccessful, or is charged back or reversed for any reason;

b.    in respect of pay-per-view Content, once the Devotee has completed viewing the Content;

c.    in respect of Subscriptions, at the end of the subscription period, unless the Subscription is configured to automatically renew as described in section 8(h) of the Sharemypleasure.com Terms of Use for Devotees;

 

d.    if the Devotee's User account is suspended or terminated for any reason;

e.    if the Devotee acts in breach of the Sharemypleasure.com Acceptable Use Policy(whether in relation to the Relevant Content or at all);

 

f.     if the Content is removed from the Content Creator's account;

g.    if the Devotee closes their Sharemypleasure.com User account

 

9.    Cancellation and refunds: In respect of every Devotee/Content Creator Transaction:

 

a.    The Devotee acknowledges that the Devotee/Content Creator Transaction will result in a supply of the relevant Content to the Devotee before the end of the period of 14 days from the date when the Devotee/Content Creator Transaction is entered into, and the Devotee gives his or her express consent to this and confirms to the Content Creator that he or she is aware that any statutory right to cancel the Devotee/Content Creator Transaction which the Devotee has under the Consumer Rights Act 2015 or any other applicable law will therefore be lost.

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

 

10. Obligations between Content Creator and Devotee: In respect of every Devotee/Content Creator Transaction:

 

a.    The Devotee and the Content Creator participating in the Devotee/Content Creator Transaction agree to comply at all times with the Sharemypleasure.com Acceptable Use Policy in relation to the Relevant Content, including when accessing, viewing and interacting with it.

 

b.    The Devotee participating in the Devotee/Content Creator Transaction agrees to make the Devotee Payment required to access, view or interact with the Relevant Content, and agrees not to initiate a chargeback other than if the Devotee disputes the Devotee/Content Creator Transaction in good faith.

c.    The Content Creator participating in the Devotee/Content Creator Transaction agrees to make the Relevant Content available to the Devotee once the Devotee has made the Devotee Payment applicable to the Relevant Content.

d.    The Content Creator warrants (makes a legally enforceable promise) that it possesses all necessary rights in and to the Relevant Content sufficient to license it to the Devotee in the territory in which the Devotee will be accessing the Relevant Content, and has obtained any and all permissions and consents needed to grant the license in section 6 of this agreement.

e.    The Content Creator is solely responsible for creating and uploading the Relevant Content. The Content Creator provides no guarantees that it will continue to create and upload Relevant Content on an ongoing basis.

f.     Unless there has been negligence or other breach of duty by the Content Creator, the accessing by the Devotee of the Content Creator's Content is entirely at the Devotee's own risk.

 

11. No guarantees: The Devotee participating in the Devotee/Content Creator Transaction acknowledges that Content Creators may add and remove Content at any time from their Content Creator account, and that Content Creators have the discretion to decide what sort of Content to make available on their account. In addition, the Devotee participating in the Devotee/Content Creator Transaction acknowledges that there may be circumstances where it is not possible for the Devotee to access to Relevant Content to be provided under the Devotee/Content Creator Transaction, including:

 

a.    if the Content Creator's account is suspended or deleted;

b.    if the Devotee's account is suspended or deleted;

c.    if the availability of all or any part of Sharemypleasure.com site is suspended or inaccessible; or

d.    if the Content Creator is unable to create or upload Relevant Content in the future.

 

12. Terms relating to disputes:

 

a.    This agreement is governed by English law and English law will apply to any claim that arises out of or relates to this agreement. The Devotee will also be able to rely on mandatory rules of the law of the country where he or she lives.

b.    Where claims can be brought:

                                                               i.        If this agreement is with a Devotee resident in the United Kingdom or the European Union, any claim under this agreement may be brought in the courts of England and Wales or the courts of the country where the Devotee lives.

                                                              ii.        If this agreement is with a Devotee resident outside of the United Kingdom or the European Union any claim under this agreement must be brought in the courts of England and Wales, unless the Devotee and Content Creator otherwise agree.