STANDARD CONTRACT BETWEEN FAN AND CREATOR
Introduction: This Standard Contract between Fan and Creator ("this Agreement") sets out the terms which govern each Fan/Creator Transaction on Colorverse.
Applicability: Each time a Fan/Creator Transaction is initiated on Colorverse, this Standard Contract between Fan and Creator will apply to the exclusion of any other terms which the Fan or Creator may propose, and 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 Presto Color Sdn Bhd nor any of its holding company, subsidiaries and/or affiliates is a party to this Agreement and neither grants any rights in respect of, nor participates in, any Fan/Creator Transaction, except for acting as a payment intermediary in accordance with the Creator’s and Fan’s instructions set out in Section 5 of this Agreement.
Pricing and Payment: By entering into a Fan/Creator Transaction, the Fan agrees to pay to the relevant Creator in accordance with the pricing published in the Creator’s Channel plus any tax which is applicable. The Fan and Creator participating in the Fan/Creator Transaction authorize Presto Color Sdn Bhd, any of its affiliates or subsidiaries to act as a payment intermediary and to collect, hold, and process the Fan Payment and any applicable tax, to deduct Our Fee and to pay out the sums due to Creators.
Payment Currency: The currency that displayed on Creator’s Channel might be Malaysia Ringgit (MYR) or United States Dollar (USD) based on Creator’s selection. However, the final currency for the transaction will be charged in MYR only. The applicable conversion rate for the transaction (Conversion of USD to MYR) is determined by Colorverse, though Colorverse has no control over the currency exchange rate and charges as imposed by your preferred payment service provider or card issuer. The final amount chargeable will be reflected in your statement as prepared and provided by your payment service provider and/or card issuer. You are strongly encouraged to consult your payment service provider and/or card issuer prior to making payment via currency conversion. By completing your transaction, you agree to the conversion rate, the final payment amount and the final currency for the transaction is MYR.
License of Content: Once the Fan has made the Fan Payment for a Fan/Creator Transaction, the Creator grants to the Fan a limited license to access the applicable Content of that Creator to which the Fan/Creator Transaction relates (the "Relevant Content"). This license 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 Acceptable Use Policy .
Ownership of Content:The Fan participating in the Fan/Creator Transaction acknowledges and agrees that the license of the Relevant Content provided in Section 6 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 License: The license granted to a Fan in relation to the Relevant Content will expire automatically without notice in the following circumstances:
a. if the Fan Payment related to the Fan/Creator Transactions was unsuccessful, or is charged back or reversed for any reason;
b. in respect of pay-per-view Content, once the Fan has completed viewing the Content;
c. in respect of Subscriptions, at the end of the subscription period;
d. if the Fan's User Account is suspended or terminated for any reason;
e. if the Fan acts in breach of the Acceptable Use Policy. (whether in relation to the Relevant Content or at all);
f. if the Content is removed by the Creator from the Creator’s Channel; and/or
g. if the Fan closes their User Account.
Cancellation and Refunds: In respect of every Fan/Creator Transaction:
a. All payment made on Colorverse are confirmed purchases and any request for refunds, exchange or cancellations will not be entertained unless otherwise stated herein.
b. By continuing with making payment on Colorverse, the Fans acknowledge and agree that their refund is subjected to each Creator. We are under no obligation to refund the Fans in the event that the Fans make any error in the payment process.
Obligations between Creator and Fan:: In respect of every Fan/Creator Transaction:
a. The Fan and the Creator participating in the Fan/Creator Transaction agree to comply at all times with the Acceptable Use Policy. in relation to the relevant Content, including when accessing, viewing and interacting with it.
b. 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.
c. 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.
d. The Creator warrants (makes a legally enforceable promise) that it possesses all necessary rights in and to the Relevant Content sufficient to license 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 license in Section 6 of this Agreement.
e. The Creator is solely responsible for creating and uploading the Relevant Content. The Creator provides no guarantees that it will continue to create and upload Relevant Content on an ongoing basis.
f. 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.
h. In consideration of the nature of services provided by Colorverse, the Fan consents to his/her limited personal data such as email address, last payment date and transaction amount (collectively, the “Fan’s Information” ), being available on Colorverse’s platform to the Creator only. The Fan shall have the right to withdraw his/her consent to disclosure of the Fan’s Information to the Creator by way of written notification to Colorverse email@example.com. or any such similar option as may be made available on Colorverse’s platform.
No guarantees: The Fan participating in the Fan/Creator Transaction acknowledges that Creators may add and remove Content at any time from their Creator’s User Account, and that Creators have the discretion to decide what sort of Content to make available on their User 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 to Relevant Content to be provided under the Fan/Creator Transaction, including:
a. if the Creator's User Account is suspended or deleted;
b. if the Fan's User Account is suspended or deleted;
c. if the availability of all or any part of Colorverse Channel is suspended or inaccessible; or
d. if the Creator is unable to create or upload Relevant Content in the future.
Terms Relating to Disputes:This Agreement is governed by Malaysian law. The exclusive jurisdiction of the Courts of Malaysia will apply to any claim that arises out of or relates to this Agreement.
Last Update on 15 August 2022