Last Updated: January 1, 2024

1. INTRODUCTION
This Standard Contract between Fan and Creator ("This Agreement") outlines the rules and conditions that oversee every interaction occurring on the Naughty Creator platform between a Fan and a Creator.

2. INTERPRETATION
Within this agreement, specified terms hold the ensuing definitions:

2.1 "Naughty Creator" refers to the website accessible through the URL www.naughtycreator.com or via any web browser.

2.2 "Content" means all materials uploaded to Naughty Creator by any User, inclusive of photos, videos, audio, livestream materials, data, textual content (like comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other associated material.

2.3 "Creator" means a User who has set up their Naughty Creator account as a Creator to post Content to be viewed by other Users.

2.4 "Fan" means a User who follows a Creator and has the capability to view the Creator's Content.

2.5 "Referring User" means a User engaged in the Naughty Creator Referral Program.

2.6 "Fan/Creator Transaction" means any transaction between a Fan and a Creator on Naughty Creator that grants access to the Creator's Content, including through Subscription, payments for viewing pay-per-view Content (such as pay-per-view media and live streams), and payments for utilizing fan interaction features on a Creator's account.

2.7 "Fan Payment" means all payments made by a Fan related to any Fan/Creator Transaction, including tips.

2.8 "NCreator Fee" means the fee imposed on Creators as per section 7.2 of the Naughty Creator Terms of Service.

2.9 "Subscription" means a Fan's subscription to a Creator's account.

2.10 "VAT" means Estonian value-added tax and any additional taxes imposed or substituted at the prevailing rates, along with equivalent indirect taxes at governmental, state, federal, provincial, or municipal levels in other jurisdictions.

2.11 "Tax" means all types of taxes, statutory, governmental, state, federal, provincial, local government, or municipal charges, duties, imposts, contributions, levies, withholdings, or obligations applicable in Estonia or any other jurisdiction.

3. ENGAGEMENT
Whenever a transaction occurs between a Fan and a Creator on Naughty Creator, the terms specified in this Standard Contract will be the sole governing agreement, superseding any alternate terms proposed by either the Fan or the Creator. This Standard Contract will have legal authority, binding both the Fan and the Creator involved in the transaction between Fan and Creator.

4. PARTIES
The agreement exclusively involves the Fan and Creator engaged in the Fan/Creator Transaction. None of the NCreator OÜ entities, including its subsidiaries, are involved as parties in this agreement, nor do they confer or partake in any rights related to the Fan/Creator Transaction. However, it's noted that NCreator OÜ or its subsidiaries might serve as a payment intermediary as outlined in section 5 of this agreement, following the instructions provided by the Creator and Fan.

5. PRICING AND PAYMENTS
Upon engaging in a Fan/Creator Transaction, the Fan commits to paying the designated Fan Payment corresponding to the specific Fan/Creator Transaction as per the pricing outlined in the Creator's account, plus any relevant VAT charges. Both the Fan and Creator involved in the Fan/Creator Transaction grant authorization to NCreator OÜ or its affiliated entities to serve as a payment intermediary. This includes the collection, retention, and processing of the Fan Payment and any applicable VAT. NCreator OÜ is also authorized to deduct the NCreator Fee and distribute the owed amounts to Creators and, if applicable, Referring Users, as outlined in the Naughty Creator Terms of Service.

6. CONTENT LICENSE
Upon completing the Fan Payment for a transaction between the Fan and the Creator, the Creator provides the Fan with a restricted right to access the specific Content associated with that transaction (referred to as the "Relevant Content"). This granted right is limited in nature and cannot be transferred, sublicensed, or made exclusive. It allows the Fan to view and access the Relevant Content solely on their personal device and through a standard web browser. Additionally, the Fan may create a temporary copy of the Content, strictly as an unintentional and technical part of accessing the Content (such as caching). All actions must strictly align with the Naughty Creator Terms of Service.

7. CONTENT OWNERSHIP
The Fan engaging in the Fan/Creator Transaction understands and accepts that despite the license granted for the Relevant Content outlined in section 6 of this agreement, it does not grant the Fan any ownership or entitlements to the Relevant Content. The rights to the Relevant Content will continue to be held by the Creator of the content.

8. LICENSE EXPIRY
The authorization given to a Fan regarding the Relevant Content will cease under the following circumstances:

8.1 If the payment made by the Fan for the Fan/Creator Transaction fails, is reversed, or charged back for any cause.

8.2 For Subscriptions, upon the conclusion of the subscription duration, unless there is an automatic renewal set up as outlined in section 6.3.9 of the Naughty Creator Terms of Service.

8.3 For pay-per-view Content, once the Fan finishes viewing the Content.

8.4 If the Creator removes the Content from their account.

8.5 If the Fan's User account is suspended or terminated for any reason.

8.6 If the Fan violates the Naughty Creator Acceptable Use Policy (whether concerning the Relevant Content or otherwise).

8.7 If the Fan closes their Naughty Creator User account.

9. CANCELLATION AND REFUNDS
In respect of every Fan/Creator Transaction:

9.1 The Fan understands that the relevant Content will be supplied to them within 14 days from the date of entering into the Fan/Creator Transaction. By explicitly consenting to this, the Fan confirms to the Creator that they acknowledge the loss of any statutory cancellation rights under the Consumer Rights Act 2015 or other relevant laws.

9.2 This agreement does not impede any statutory entitlement of a Fan to receive a refund from the Creator under the Consumer Rights Act 2015 or any other applicable law.

10. PARTIES OBLIGATIONS
In respect of every Fan/Creator Transaction:

10.1 Both the Fan and the Creator involved in any interaction agree to consistently follow the Naughty Creator Acceptable Use Policy concerning the Relevant Content. This includes all instances of accessing, viewing, and engaging with the content.

10.2 The Fan engaging in any transaction with the Creator commits to providing the necessary payment to access, view, or engage with the Relevant Content. The Fan also agrees not to initiate a chargeback unless there is a genuine dispute regarding the Fan/Creator Transaction.

10.3 The Creator involved in the Fan/Creator Transaction commits to make the Relevant Content accessible to the Fan once the required Fan Payment for that specific content has been made.

10.4 The Creator assures that they possess all essential rights to the Relevant Content, enough to license it to the Fan within the Fan's accessing territory. They have obtained all necessary permissions and consents required to grant the license specified in section 6 of this agreement.

10.5 The Creator holds sole responsibility for the creation and upload of the Relevant Content. However, there is no guarantee from the Creator that they will continue producing or uploading Relevant Content regularly.

10.6 Unless there is a case of negligence or a breach of duty on the part of the Creator, the Fan's access to the Creator's Content carries inherent risks that are solely the responsibility of the Fan.

11. NO ASSURANCES
Fans engaged in the Fan/Creator Transaction understand that Creators hold the authority to add or delete Content from their Creator account at any given time. Furthermore, they acknowledge that Creators possess the discretion to determine the type of Content available on their account. Additionally, Fans acknowledge that certain circumstances may prevent access to Relevant Content as part of the Fan/Creator Transaction, including:

11.1 Suspension or deletion of the Creator's account.

11.2 Suspension or deletion of the Fan's account.

11.3 The suspension or inaccessibility of all or part of the Naughty Creator site.

11.4 Inability of the Creator to generate or upload Relevant Content in the future.

12. DISPUTE-RELATED TERMS
The regulations outlined in this agreement are bound by Estonian legislation, and any dispute arising from or connected to this agreement will be subjected to Estonian law. The Fan will also have the right to invoke the mandatory regulations of their country of residence.

12.1 Jurisdiction for claims:

12.1.1 In the event that this agreement involves a Fan residing within the European Union, any claim arising from this agreement can be filed in either the Estonian court or the courts of the Fan's country of residence.

12.1.2 In cases where this agreement involves a Fan residing outside of the European Union, all claims arising from this agreement must be filed exclusively in the Estonian court, unless both the Fan and Creator mutually agree otherwise.