CONTRACT BETWEEN CREATOR AND USER
This Contract is made and entered into by and between (the "Creator") and (the "User").
SCOPE OF SERVICE:
The user desires to engage the Creator to provide its services for them; and
Creator is interested in undertaking such work; and
Neither www.oozfans.com nor any of its subsidiaries are a party to this contract, and neither www.oozfans.com nor its subsidiaries grant any rights in respect of, nor participates in, any User/Creator Transaction, except that www.oozfans.com or any of its subsidiary may act as a payment intermediary.
PRICE AND PAYMENT:
For services provided under this Contract, the User shall pay the Creator the payment for services by the pricing published in the Creator's account plus any applicable tax. The user and Creator participating in any Transaction authorized by www.oozfans.com or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the User Payment, including any applicable tax, to deduct the Fee, and to pay out the sums due to Creators and (if applicable) referring Users, as described in terms of Service.
CREATOR’S OBLIGATIONS / WARRANTS:
The Creator shall use all reasonable endeavours to meet any performance dates.
The Creator shall not be liable for any delay in delivery of the Services caused by a Force Majeure event or the User’s failure to provide the Creator with adequate delivery instructions or any other instructions relevant to the supply of the Services.
The Creator shall have the right to make any necessary changes to the Services to comply with any applicable law.
The Creator shall be entitled to engage third parties or subcontractors for the provision of the Services, always provided that the Creator shall remain liable to the user for the performance of the Services as if it had carried them out.
USER’S OBLIGATIONS AND INDEMNITIES:
The User shall provide assistance and technical information to the Creator as reasonably required by the Creator.
The User shall be responsible for ensuring the accuracy of all information provided to the Creator.
The User shall be obliged within the agreed deadline to approve materials provided under the Services, including advertising copy, search terms, and graphic material submitted by the Creator.
The User shall be obliged to inform the Creator immediately of changes regarding the technical information which may affect the Services delivered by the Creator.
The User shall indemnify and keep the Creator indemnified fully against all liabilities, costs and expenses incurred by the Creator in respect of any third parties as a result of the provision of the Services by this Contract, Specification, or the content of the User’s advertising or proceedings against the Creator for infringement of any Intellectual Property Rights or other proprietary rights of third parties, or for breach of confidentiality or contract or defamation.
The User shall timely notify the creator of any disagreement on actions of the Creator.
DELIVERY OF DELIVERABLES:
Upon termination of this Contract, whichever occurs earlier, Creator shall deliver to the user all documentation, advertising copy, search terms and graphic material developed by the creator during its performance under this Contract.
Each party hereto shall keep confidential any information obtained from the other party. Confidential Information includes Trade secrets, documentation, advertising copy, search terms, graphic material, prices, and costs. The creator and User will use reasonable care to prevent the unauthorized use or dissemination of confidential information. Reasonable care means at least the same degree of care both use to protect confidential information from unauthorized disclosure.
TERMINATION OF LICENSE:
The license granted to a User about the Relevant Content will expire automatically without notice in the following circumstances:
· If the User Payment related to any Transaction between creator and user was unsuccessful or is charged back or reversed for any reason.
· Regarding pay-per-view Content, once the User has completed viewing the Content.
· In respect of any Subscriptions after the subscription period, unless the Subscription is configured to renew automatically.
· If the User account is suspended or terminated for any reason.
· If the User breaches the Acceptable Use Policy (whether about the Relevant Content or at all).
· If the Content is removed from the Creator's account;
· If the User closes their account.
CANCELLATION AND REFUNDS:
The User acknowledges that any Transaction between the user and creator will result in a supply of the relevant Service / Content to the user before the end of the period of 14 days from the date when the Transaction is entered into, and the user gives his or her express consent to this and confirms to the Creator that he or she is aware that any statutory right to cancel the Transaction which the User has under the Consumer Rights Act 2015 or any other applicable law.
This Contract does not affect any statutory right to receive a refund from the Creator, which a User may have under the Consumer Rights Act 2015 or any other applicable law.
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