Contract between Fan and Creator

Introduction

This Contract between Fan and Creator ("this Agreement") governs every interaction between a Fan and a Creator within OtakuOshi.

Scope

This Agreement is legally binding and applies each time a Creator-Fan Interaction is initiated on OtakuOshi. It applies with exclusion of any other term that the Fan or the Creator may propose.

Parts

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 part of of this Agreement, except as expressly set forth below.

Definitions

• Company: Polaris Nexus LLC
• ContentAny material uploaded by a User to OtakuOshi (photos, videos, audio, live streams, data, text, metadata, images, interactive features, emojis, GIFs, memes or other material).
• CreatorUser who has created an account on OtakuOshi to publish Content and allow access to Fans.
• Creator's Profits: percentage of the Fan Payment that corresponds to the Creator according to the Terms of Use.
• Interaction with the CreatorAny action that allows a Fan to access the Creator's Content, including: (i) subscription; (ii) payment for individual content; (iii) direct messaging or other forms of paid interaction.
• Interaction License: non-transferable, non-sublicensable and non-exclusive rights granted by the Creator to the Fan to access the Related Content.
• FanRegistered User who accesses the Creators Content through an Interaction.
• Fan Paymentany payment related to an Interaction with the Creator.
• Platform Fee20% of all Fan Payments deducted according to the Terms of Use.
• Paid Related ContentFan Payment: content for which a Fan Payment is required.
• Related ContentThe specific content of the Creator to which the Interaction refers.
• SubscriptionBinding agreement between the Fan and the Creator to access all available content for a specified period, with automatic renewal.
• Referrer User: User who participates in the Referral Program.
• Upload: action of publishing, displaying, sharing or uploading any Content.
• UserAny person who uses OtakuOshi, as a Fan, Creator or both.

Pricing and payments

The Fan agrees to pay the applicable amount upon initiating an Interaction with the Creator, including applicable indirect taxes. Polaris Nexus LLC is authorized to:

• Collect the full amount;
• Retain the Platform Fee;
• Paying the Creator's Profits;
• Issue referral payments, if applicable.

Subscriptions and renewals

By clicking on "Subscribe":

• The Fan agrees to initiate a Subscription that is will automatically renew at the same price (plus tax), except that:
  (i) the payment is rejected;
  (ii) the price has changed;
  (iii) automatic renewal has been deactivated;
  (iv) the account is closed before the beginning of a new period.

No additional notifications will be sent for each renewal.

Content License

As part of an Interaction, the Creator grants the Fan an Interaction License that allows you to access to Related Content. This license does not grant property rights on the content.

License expiration

The Interaction License expires automatically without notice if:

• Fan Payment fails, is returned or revoked;
• The Creator deletes the content or your account;
• The active subscription period ends;
• The Fan's account is suspended or deleted;
• The Fan violates the Terms of Service;
• The content is removed by the Creator or by the platform;
• The Fan closes his account.

Content removal

Polaris Nexus LLC reserves the right to remove content from the platform at any time.
The Fan agrees that the Creator may also remove content, including pay-per-view content, at any time.

Cancellations and refunds

• The Fan will have access to the content within 14 days following the Interaction.
• The legal right of cancellation not applicable a Individual Interactions other than Subscriptions, pursuant to the Consumer Rights Act 2015, EU Directive 2011/83 or other equivalent laws.
• Refunds are subject to OtakuOshi's Terms of Use.

Obligations between Fan and Creator

The Fan and the Creator accept the following:

• Comply with OtakuOshi's Terms of Service.
• The Creator is solely responsible for the content it publishes.
• The Creator declares to have the rights to grant the License.
• The Creator will deliver the paid content upon receipt of payment.
• The Fan agrees that third parties may assist the Creator in the management of his/her account.
• The Fan may not initiate chargebacks without a legitimate dispute.
• The Fan accesses at his own risk, except for direct negligence on the part of the Creator.

Absence of guarantees

The Fan acknowledges that there may be circumstances beyond our control that prevent access to the content, such as platform suspension or downtime.

Applicable law and dispute resolution

• This Agreement is governed by the laws of the State of Delaware and of the USAunless otherwise required by another country where the Fan resides.
• Fans residing in the United Kingdom or the EU may file claims in their local courts or in Delaware courts.
• Fans from other countries should file claims only in the courts of Delaware, USA.

Divisibility

If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in effect as if such provision were not included.