Terms between Followers and Creators
To Standard terms and conditions for any transaction of whatsoever form within STUNNERZ
FOLLOWER - any User who subscribed an account in STUNNERZ who follows a Creator and is able to view the Creator's Content
CREATOR any User who has set up their STUNNERZ account as a Creator to post Content on Stunnerz to be viewed by other Users
The parties being referred to collectively as the “Parties” and each as a “Party”.
- MF Technologies Ltd registered in England and Wales, Company number 13601877, address: Unit 63 Sussex Innovation Centre Science Park Square Brighton Sussex BN1 9SB, Governing Law in the UK, operator of Stunnerz. is not a party to this agreement and neither grants any rights in respect of, nor participates in, any Transaction between Parties, except for acting as a payment intermediary in accordance with the instructions set out in respective agreements.
- The Creator has agreed in full and subscribed to the “Terms of Services for Creator”.
- The Follower has agreed and subscribed to the “Terms of Services for Followers”
- The parties have agreed to the “Content Terms and Compliance” in full.
- The parties have agreed to the “General Terms of Service”
IT IS HEREBY AGREED as follows:
- “Content” any material posted, displayed, uploaded, downloaded or published on STUNNERZ by any User including, but not restricted to, any images, photos, videos, audio, such as music or any other sounds, livestream material, data, metadata, text, interactive features, emojis, GIFs, memes, and any other material in any whatsoever form
- "Affiliate" means a User who participates in the STUNNERZ Affiliate Program;
- "Transaction" means any monetary transaction and all payments between any of the following ways: a Subscription, payments made to view pay-per-view media and pay-per-view live stream, and payments made by a Follower to use the Follower interaction functions on a Creator's account;
- "Subscription" means a Follower's monthly subscription to a Creator's account;
- "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
- "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.
- All Payments are exclusive of VAT.
Transactions between parties
- In a Transaction between Parties, the Follower agrees to pay the Payment applicable to the relevant Transaction in accordance with the pricing published in the Creator's account plus any VAT which is applicable.
- The Parties authorize WS Technology Limited or any of its subsidiaries to act as an intermediary for the payment and to collect, hold, and process the payment of the Follower and any applicable VAT.
- The parties authorize WS Technology to deduct the transaction fee as described in the Terms and Conditions between STUNNERZ and Creator
- WS Technology Limited is responsible to pay out the sums due to Creators and any applicable Affiliate, as described in the Terms and Condition between STUNNERZ and Creator
- Once STUNNERZ acknowledges the transaction, the Creator grants to the Follower a limited license to access the applicable Content of that Creator to which the Follower/Creator Transaction relates (the "Relevant Content").
- The license is non-transferable, non-sublicensable and non-exclusive, and permits the Follower to access and view the Relevant Content on the Follower's personal device and via a normal web browser.
- It is permitted to make a temporary copy of such Content only to the extent that this is an incidental and technical process forming part of the Follower's accessing the Content in accordance with the STUNNERZ Terms and Conditions
- The Follower acknowledges and agrees that under any condition the license provided in this agreement does not result in any rights or intellectual property rights transfer between the parties.
- The license granted between parties will expire automatically without notice in the following circumstances:
- if the Payment is unsuccessful, or is charged back or reversed for any reason;
- in respect of pay-per-view Content, once the Follower has completed viewing the Content;
- in respect of Subscriptions, at the end of the subscription period, unless the Subscription is configured to automatically renew as described in the Terms and Condition for Followers
- if the Follower's User account is suspended or terminated for any reason;
- if the Follower acts in breach any STUNNERZ Terms of Service;
- if the Content is removed by the Creator from the Creator's account;
- if the Follower closes their account.
Cancellation and refunds of the Transaction
- The Follower acknowledges that the Transaction will result in a supply of the relevant Content to the Follower before the end of the period of 14 days from the date when the Follower/Creator Transaction is entered into, and the Follower 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 Follower/Creator Transaction which the Follower has under the Consumer Rights Act 2015 or any other applicable law will therefore be lost.
- This agreement does not affect any statutory right to receive a refund from the Creator which a Follower may have under the Consumer Rights Act 2015 or any other applicable law.
- The Follower participating in the transaction agrees to make the Payment required to access, view or interact with the Relevant Content, and agrees not to initiate a chargeback other than if the Follower disputes the Follower/Creator Transaction in good faith
Obligations between Parties
- The Creator participating in the Transaction agrees to make the Relevant Content available to the Follower once the Follower has made the Follower Payment applicable to the Relevant Content.
- The Creator makes a legally enforceable promise that it possesses all necessary rights in and to the Relevant Content sufficient to license it to the Follower in the territory in which the Follower will be accessing the Relevant Content and has obtained any and all permissions and consents needed to grant the license as described in clause 16.
- The Creator is solely responsible for creating and uploading the Content. The Creator provides no guarantees that it will continue to create and upload Content on an ongoing basis.
- Unless there has been negligence or other breach of duty by the Creator, the accessing by the Follower of the Creator's Content is entirely at the Follower's own risk.
- The Follower participating in the Transaction acknowledges that Creators may add and remove Content at any time from their Creator account, and that Creators have the discretion to decide what sort of Content to make available on their account.
- The Follower participating in the Follower/Creator Transaction acknowledges that there may be circumstances where it is not possible for the Follower to access to Content to be provided under the Transaction, including:
- if the Creator's account is suspended or deleted;
- if the Follower's account is suspended or deleted;
- if the availability of all or any part of STUNNERZ site is suspended or inaccessible; or
- if the Creator is unable to create or upload Content in the future.
Terms relating to disputes:
- This agreement is governed by English law and English law will apply to any claim that arises out of or relates to this agreement.
- Any claim of a Follower resident outside of the United Kingdom or the European Union must be brought in the courts of England and Wales, unless the Follower and Creator otherwise agree.