Introduction: This Standard Contract between Fan and Creator ("this agreement") sets out the terms that govern each transaction between a Fan and a Creator on PlayHouse. When a Fan/Creator Transaction is initiated on PlayHouse, this Standard Contract between Fan and Creator will apply to the exclusion of any other terms proposed by the Fan or Creator. This Standard Contract between Fan and Creator will legally bind the Fan and Creator participating in the Fan/Creator Transaction.
Parties: The only parties to this agreement are the Fan and Creator participating in the Fan/Creator Transaction. Neither PlayHouse International Pty Ltd nor any of its subsidiary companies is a party to this agreement, and they do not grant any rights or participate in any Fan/Creator Transaction. However, PlayHouse International Pty Ltd or its subsidiary companies may act as a payment intermediary in accordance with the Creator's and Fan's instructions as outlined in section 4 of this agreement.
Interpretation: In this agreement, defined terms have the following meanings:
"PlayHouse" means the website accessed via the URL www.playhouse.fans or any web browser.
"Content" means any material uploaded to PlayHouse by any User (whether a Creator or a Fan), including photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material.
"Creator" means a User who has set up their PlayHouse account as a Creator account to post Content on PlayHouse to be viewed by other Users.
"Fan" means a User who follows a Creator and is able to view the Creator's Content.
"Referring User" means a User who participates in the PlayHouse Referral Program.
"Fan/Creator Transaction" means any transaction between a Fan and a Creator on PlayHouse, granting access to the Creator's Content. This includes Subscriptions, payments for pay-per-view Content, and payments for fan interaction functions on a Creator's account.
"Fan Payment" means payments made by a Fan in respect of any Fan/Creator Transaction, including tips.
"Platform Fee" means the fee charged to Creators in accordance with section 5 of the PlayHouse Terms of Use for Creators.
"Subscription" means a Fan's subscription to a Creator's account.
"GST" means Goods and Services Tax imposed under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) or any similar tax, and any related interest, penalties, fines, or other charges in connection with such tax
"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 Australia or any other jurisdiction.
Pricing and payment: By entering into a Fan/Creator Transaction, the Fan agrees to pay the Fan Payment applicable to the relevant Fan/Creator Transaction in accordance with the pricing published in the Creator's account plus any applicable GST. The Fan and Creator participating in the Fan/Creator Transaction authorise PlayHouse International Pty Ltd or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the Fan Payment and any applicable GST, to deduct the Platform Fee, and to pay out the sums due to Creators and (if applicable) Referring Users, as described in the PlayHouse Terms of Service.
Licence of Content: Once the Fan has made the Fan Payment for a Fan/Creator Transaction, the Creator grants to the Fan a limited licence to access the applicable Content of that Creator to which the Fan/Creator Transaction relates (the "Relevant Content"). This licence is non-transferable, non-sublicensable, and non-exclusive, and permits the Fan to access and view the Relevant Content on the Fan'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 Fan's accessing the Content, i.e., caching), in accordance with the PlayHouse Acceptable Use Policy.
Ownership of Content: The Fan participating in the Fan/Creator Transaction acknowledges and agrees that the licence of the Relevant Content provided in section 5 of this agreement does not result in the Fan acquiring any rights in or to the Relevant Content, which rights shall be retained by the Creator of the Relevant Content.
Expiry of licence: The licence granted to a Fan in relation to the Relevant Content will expire automatically without notice in the following circumstances:
if the Fan Payment related to the Fan/Creator Transaction was unsuccessful, or is charged back or reversed for any reason;
in respect of pay-per-view Content, once the Fan 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 PlayHouse Terms of Use for Fans;
if the Fan's User account is suspended or terminated for any reason;
if the Fan acts in breach of the PlayHouse Acceptable Use Policy (whether in relation to the Relevant Content or at all);
if the Content is removed from the Creator's account;
if the Fan closes their PlayHouse User account.
Cancellation and refunds: In respect of every Fan/Creator Transaction:
The Fan acknowledges that the Fan/Creator Transaction will result in a supply of the relevant Content to the Fan before the end of the period of 14 days from the date when the Fan/Creator Transaction is entered into, and the Fan 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 Fan/Creator Transaction which the Fan has under the Australian Consumer Law 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 Fan may have under the Australian Consumer Law or any other applicable law.
Obligations between Creator and Fan: In respect of every Fan/Creator Transaction:
The Fan and the Creator participating in the Fan/Creator Transaction agree to comply at all times with the PlayHouse Acceptable Use Policy in relation to the Relevant Content, including when accessing, viewing, and interacting with it.
The Fan participating in the Fan/Creator Transaction agrees to make the Fan Payment required to access, view, or interact with the Relevant Content and agrees not to initiate a chargeback other than if the Fan disputes the Fan/Creator Transaction in good faith.
The Creator participating in the Fan/Creator Transaction agrees to make the Relevant Content available to the Fan once the Fan has made the Fan Payment applicable to the Relevant Content.
The Creator warrants (makes a legally enforceable promise) that they possess all necessary rights in and to the Relevant Content sufficient to licence it to the Fan in the territory in which the Fan will be accessing the Relevant Content and has obtained any and all permissions and consents needed to grant the licence in section 5 of this agreement.
The Creator is solely responsible for creating and uploading the Relevant Content. The Creator provides no guarantees that they will continue to create and upload Relevant Content on an ongoing basis.
Unless there has been negligence or other breach of duty by the Creator, the accessing by the Fan of the Creator's Content is entirely at the Fan's own risk.
No guarantees: The Fan participating in the Fan/Creator 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. In addition, the Fan participating in the Fan/Creator Transaction acknowledges that there may be circumstances where it is not possible for the Fan to access the Relevant Content provided under the Fan/Creator Transaction, including:
if the Creator's account is suspended or deleted;
if the Fan's account is suspended or deleted;
if the availability of all or any part of the PlayHouse site is suspended or inaccessible; or
if the Creator is unable to create or upload Relevant Content in the future.
Terms relating to disputes:
This agreement is governed by the laws of Australia, and Australian law will apply to any claim that arises out of or relates to this agreement. The Fan will also be able to rely on mandatory rules of the law of the country where they reside.
Where claims can be brought:
If this agreement is with a Fan resident in Australia, any claim under this agreement may be brought in the courts of Australia.
If this agreement is with a Fan resident outside of Australia, any claim under this agreement must be brought in the courts of Australia, unless the Fan and Creator otherwise agree.
