Fan-Creator Agreement
This Agreement governs every interaction between a Fan and a Creator on OtakuOshi. It is legally binding and applies to the exclusion of any other terms the parties may propose.
Scope of the Agreement
This Fan-Creator Agreement (“this Agreement”) governs every interaction between a Fan and a Creator on OtakuOshi. It is legally binding and applies each time a Creator-Fan Interaction is initiated on the platform, to the exclusion of any other terms that the Fan or the Creator may propose.
The only parties to this Agreement are the Fan and the Creator participating in the Interaction. Polaris Nexus LLC and/or its subsidiaries are not parties to this Agreement, except as expressly set forth in the following clauses.
Definitions
Company — Polaris Nexus LLC.
Content — Any material uploaded by a User to OtakuOshi, including photos, videos, audio, livestreams, data, text, metadata, images, interactive features, emojis, GIFs, memes, or other material.
Creator — A User who has created an OtakuOshi account to post Content and grant access to Fans.
Creator Earnings — The percentage of the Fan Payment owed to the Creator under the Terms of Use.
Creator Interaction — Any action that allows a Fan to access a Creator’s Content, including: (i) a subscription; (ii) a payment for an individual piece of content; (iii) direct messages or other forms of paid interaction.
Interaction License — The non-transferable, non-sublicensable, non-exclusive rights granted by the Creator to the Fan to access the Related Content.
Fan — A registered User who accesses Creator Content through an Interaction.
Fan Payment — Any payment related to a Creator Interaction.
Platform Fee — The 20% of all Fan Payments deducted under the Terms of Use.
Paid Related Content — Content for which a Fan Payment is required.
Related Content — The specific Creator content to which the Interaction relates.
Subscription — A binding agreement between the Fan and the Creator to access all available content for a set period, with automatic renewal.
Referring User — A User who participates in the Referral Program.
Upload — The act of posting, displaying, sharing, or uploading any Content.
User — Any person who uses OtakuOshi, whether as a Fan, a Creator, or both.
Pricing and payments
The Fan agrees to pay the applicable amount upon initiating a Creator Interaction, including any applicable indirect taxes. Polaris Nexus LLC is authorized to: (a) collect the full amount; (b) retain the Platform Fee; (c) pay the Creator Earnings; (d) issue referral payments, if applicable.
Subscriptions and renewals
By clicking “Subscribe,” the Fan agrees to start a Subscription that will renew automatically at the same price (plus applicable taxes), unless: (i) the payment is declined; (ii) the price has changed; (iii) automatic renewal has been turned off; (iv) the account is closed before a new period begins.
No additional notice will be sent for each renewal. The Fan may turn off automatic renewal at any time from their account settings.
Content license
As part of an Interaction, the Creator grants the Fan an Interaction License that allows the Fan to access the Related Content. This license does not grant any ownership rights in the content. The Creator retains full ownership of all intellectual property rights in their Content.
Expiration of the license
The Interaction License expires automatically, without prior notice, in any of the following events: (a) the Fan Payment fails, is reversed, or is revoked; (b) the Creator deletes the content or their account; (c) the active subscription period ends without renewal; (d) the Fan’s account is suspended or deleted; (e) the Fan breaches the Terms of Service; (f) the content is removed by the Creator or by the platform; (g) the Fan closes their account.
Content removal
Polaris Nexus LLC reserves the right to remove content from the platform at any time, in accordance with the Terms of Use and the published ethics policy. The Fan acknowledges that the Creator may also remove content, including pay-per-view content, at any time and in the Creator’s sole discretion.
Cancellations and refunds
The Fan will have access to the content within 14 days following the Interaction. The statutory right of cancellation does not apply to individual Interactions other than Subscriptions, pursuant to the Consumer Rights Act 2015, EU Directive 2011/83, or other equivalent laws in the Fan’s jurisdiction. Refunds are subject to the provisions of the OtakuOshi Terms of Use.
Obligations of the Fan and the Creator
The Fan and the Creator accept the following mutual obligations: (a) to comply with the OtakuOshi Terms of Service at all times; (b) the Creator is solely responsible for the content they post and for its compliance with platform rules; (c) the Creator represents that they hold sufficient rights to grant the Interaction License for all Content they post; (d) the Creator will deliver paid content upon receipt of the corresponding payment; (e) the Fan acknowledges that third parties may assist the Creator in managing their account, and that such third parties will act under the Creator’s responsibility; (f) the Fan agrees not to initiate chargebacks without first raising a legitimate dispute; (g) the Fan accesses content at their own risk, except in cases of direct negligence by the Creator.
No warranties
The Fan acknowledges that circumstances beyond the Company’s reasonable control may temporarily prevent access to content, such as suspension, maintenance, or outages of the platform. In such events, neither the Company nor the Creator shall be liable for the temporary interruption of service.
Governing law and dispute resolution
This Agreement is governed by the laws of the State of Delaware and of the United States of America, except where mandatory provisions of another country in which the Fan resides apply. Fans residing in the United Kingdom or the European Union may bring claims in their local courts or in the courts of Delaware, at their option. Fans residing in other countries must bring claims exclusively in the courts of Delaware, USA.
Severability
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, as if such provision had not been included. The invalidity of any particular provision will not affect the validity or enforceability of the remainder of the Agreement.