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STANDARD CONTRACT BETWEEN FANS AND CREATORS

  1. This Standard Contract is a Separate Agreement from the HoneyDripTerms of Service for all Users:
    1. This agreement is the Standard Contract between a Creator and a Fan and sets forth the terms which govern each transaction between a Fan and a Creator on HoneyDrip. This contract is not between you and WOH Brands LLC, the company that operates HoneyDrip (“WOH Brands LLC”) and is separate from your agreement with us set forth in our Terms of Service for all Users.
    2. The only parties to this agreement are the Fan and Creator participating in a Fan/Creator Transaction on HoneyDrip. WOH Brands LLC is not a party to this agreement and acts only as a payment intermediary in accordance with the Creator’s and Fan’s instructions set out in section _ below.
    3. WOH Brands LLC does not grant or guarantee any rights to either Creator or Fan in any Fan/Creator Transaction.
  2. This Standard Contract is Legally Binding in all Fan/Creator Transactions on HoneyDrip:
    1. Each time a Fan/Creator Transaction is initiated on HoneyDrip, this Standard Contract between Fan and Creator will apply.
    2. The Terms of this Standard Contract supersede any other terms which the Fan or Creator may propose between themselves in a Fan/Creator Transaction on HoneyDrip.
  3. Definitions of Terms herein:
    1. "HoneyDrip" means the website accessed via the URL www.honeydrip.com or via any web browser.
    2. "Content" means any material uploaded to HoneyDrip by any User (whether a Creator or a Fan), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever.
    3. "Creator" means a User who has set up their HoneyDrip account as a Creator account to post Content on HoneyDrip to be viewed by other Users.
    4. "Fan" means a User who follows a Creator and is able to view the Creator's Content.
    5. "Fan/Creator Transaction" means any transaction between a Fan and a Creator on HoneyDrip by which access is granted to the Creator's Content in any of the following ways: (i) a Subscription, (ii) payments made by a Fan to view a Creator's pay-per-view Content (pay-per-view media and pay-per-view live stream), and (iii) payments made by a Fan to use the fan interaction function on a Creator's account.
    6. "Fan Payment" means (i) any and all payments made by a Fan in respect of any Fan/Creator Transaction, and (ii) any and all tips.
    7. "WOH Brands LLC Fee" means the fee charged by WOH Brands LLC to Creators in accordance with the HoneyDrip Terms of Use for Creators.
    8. "Subscription" means a Fan's monthly subscription to a Creator's account.
    9. "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 US or any other jurisdiction.
    10. "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.
  4. Pricing and payment on Fan/Creator Transactions: 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 VAT which is applicable. The Fan and Creator participating in the Fan/Creator Transaction authorize WOH Brands LLC or any of its subsidiaries or affiliates to act as a payment intermediary and (i) to collect, hold, and process the Fan Payment and any applicable VAT, (ii) to deduct the WOH Brands LLC Fee and (iii) to pay out the sums due to Creators as described in the HoneyDrip Terms of Service for all Users.
  5. Limited License of Relevant 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 HoneyDrip Acceptable Use Policy.
  6. Ownership of Relevant Content: The Fan participating in the Fan/Creator Transaction acknowledges and agrees that the license 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.
  7. Expiration of license: The license granted to a Fan in relation to the Relevant Content will expire automatically without notice in the following circumstances:
    1. Transaction for Fan Payment was not approved or is charged back or reversed for any reason.
    2. Fan has completed viewing pay-per-view Content.
    3. At the end of the subscription period, unless the Subscription is configured to automatically renew as described in the HoneyDrip Terms of Use for Fans.
    4. The Fan's User account is suspended or terminated for any reason.
    5. The Fan breaches the HoneyDrip Acceptable Use Policy (whether in relation to the Relevant Content or any other term thereof).
    6. The Content is removed by the Creator from the Creator's account.
    7. The Fan closes their HoneyDrip User account.
  8. Cancellation and Refunds Applicable to Every Fan/Creator Transactions:
    1. The Fan acknowledges the Relevant Content being supplied with 14 days of the date of the Fan/Creator Transaction resulting in a supply of the to the Fan before the end of 14 days from the date when the Fan/Creator Transaction is entered into and that his/her statutory right to cancel the Fan/Creator Transaction under the Consumer Rights Act 2015 or any other applicable law will therefore be lost at the end of the 14 days period.
    2. Subject to the foregoing subsection (a), this agreement does not affect any statutory right to receive a refund from the Creator which a Fan may have under the Consumer Rights Act 2015 or any other applicable law.
  9. Obligations of Fan Applicable to Every Fan/Creator Transaction:
    1. The Fan participating in the Fan/Creator Transaction agrees to comply at all times with the HoneyDrip Acceptable Use Policy in relation to the Relevant Content, including when accessing, viewing and interacting with the Content.
    2. The Fan participating in the Fan/Creator Transaction agrees to make the Fan Payment required to access, view or interact with the Relevant Content.
    3. The Fan agrees not to initiate a chargeback other than if the Fan, acting in good faith, disputes the Fan/Creator Transaction.
  10. Obligations of Creator Applicable to Every Fan/Creator Transaction:
    1. 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.
    2. The Creator warrants (makes a legally enforceable promise) that he/she 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 5 of this agreement.
    3. The Creator is solely responsible for creating and uploading the Relevant Content. The Creator provides no guarantees to the Fan that he/she will continue to create and upload Relevant Content on an ongoing basis.
  11. No Guarantees Provided to Fan with Respect to Creator Content:
    1. The Fan accesses the Creator’s Content solely at the Fan’s own risk, except for negligence or other breach of duty by the Creator under this agreement.
    2. The Fan participating in the Fan/Creator Transaction acknowledges that Creators have the discretion to decide what sort of Content to make available on their account and may add and remove Content at any time from their Creator account.
    3. 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 but not limited to:
      1. if the Creator's account is suspended or deleted;
      2. if the Fan's account is suspended or deleted;
      3. if the availability of all or any part of HoneyDrip site is suspended or inaccessible; or
      4. if the Creator is unable to create or upload Relevant Content in the future.
  12. Disputes Arising under this Agreement:
    1. This agreement is governed by U.S. law and 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 jurisdiction where he or she lives.
    2. A claim arising under this agreement can be filed in a court in which jurisdiction over the Fan exists.