Agreement Between Subscriber and Creator

Last Updated: January 1, 2025

This Agreement Between Subscriber and Creator ("Agreement") governs all interactions initiated between a Subscriber and a Creator on My Channel. By engaging in any interaction facilitated through My Channel, both Subscribers and Creators agree to the terms outlined below.

1. Scope and Applicability

This Agreement is legally binding and applies to every interaction between a Subscriber and a Creator conducted through My Channel. It operates exclusively between the Subscriber and the Creator, independent of any separate terms the parties may propose, and does not bind AF Limited, LLC ("the Company") unless explicitly stated.

2. Definitions

The following definitions apply throughout this Agreement:

  • “Company”: AF Limited, LLC, the owner and operator of My Channel.
  • “My Channel”: The website and associated services provided by the Company.
  • “Creator”: A registered user of My Channel who uploads Content and offers it for access by Subscribers.
  • “Content”: Any material, including videos, images, text, livestreams, and other media, uploaded to My Channel by a Creator.
  • “Subscriber”: A registered user of My Channel who accesses a Creator's Content or interacts with the Creator.
  • “Interaction Fee”: Any payment made by a Subscriber for access to a Creator's Content or interactions, including Subscriptions, pay-per-view Content, and direct messaging.
  • “Subscription”: A recurring payment plan allowing a Subscriber access to all Content made available by a Creator for a specified duration.
  • “Creator Interaction License”: The limited, non-exclusive, non-sublicensable, and revocable right granted to Subscribers to access specified Content upon payment.
  • “Upload”: To publish, share, post, input, display, or otherwise make available any photos, videos, audio recordings, livestream content, text, data, metadata, images, interactive elements, emojis, GIFs, memes, or any other materials on My Channel.
  • “User”: Any individual registered on My Channel, whether acting as a Creator, a Subscriber, or both (also referred to as “you” or “your”).

Additional terms may be defined in My Channel’s Terms of Use https://mychannel.co/terms-of-service/ or related policies.

3. Payments and Renewals

a. Subscriber Obligations: Subscribers agree to pay all applicable fees for access to Content or interactions with a Creator, including any taxes. Payments are non-refundable unless otherwise required by law or stated in this Agreement.

b. Automatic Renewals: Subscriptions renew automatically at the current rate unless:

  • The Subscriber disables the "Auto-Renew" feature prior to the renewal date.
  • The payment method on file is declined.
  • The Subscription price changes, in which case notice will be provided.

c. Role of the Company: The Company facilitates payments but is not a party to individual transactions between Subscribers and Creators. The Company deducts applicable fees before disbursing earnings to Creators.

4. License and Ownership of Content

a. Creator Interaction License: Upon payment, the Creator grants the Subscriber a limited, revocable license to access the Content associated with that transaction. This license is personal and non-transferable.

b. No Ownership Rights: Access to Content does not transfer ownership rights. All intellectual property remains with the Creator.

c. License Expiration: The Creator Interaction License automatically expires if:

  • Payment is unsuccessful, reversed, or disputed.
  • The Content is removed by the Creator.
  • The Creator’s account is terminated.
  • The Subscription period ends without renewal.
  • The Subscriber’s account is suspended or terminated.

5. Content Removal and Refunds

a. Creator’s Rights: Creators may delete their Content at any time. Subscribers acknowledge that Content availability is at the Creator’s discretion.

b. Refunds: Refunds for removed or unavailable Content are subject to the Company’s Refund Policy.

c. Cancellations: Subscribers may cancel Subscriptions at any time. Cancellation takes effect at the end of the current billing period, and no refunds will be issued for unused portions of the Subscription term.

d. Removal of Content by the Company: The Company reserves the right to remove any Content from a Creator's account at any time, for any reason, including but not limited to violations of the Terms of Use, complaints, or compliance with applicable laws. Such removal may occur with or without notice to the Creator or Fan. The Company is not liable for any losses or damages resulting from such removal.

6. Responsibilities of Creators and Subscribers

a. Creators:

  • Must ensure their Content complies with the Company’s Acceptable Use Policy and applicable laws.
  • Warrant that they hold all necessary rights to distribute the Content and grant licenses to Subscribers.

b. Subscribers:

  • Agree to access Content solely through authorized means and not to copy, distribute, or otherwise exploit it.
  • Assume all risks associated with accessing Content unless the Creator is found negligent or in breach of duty.
  • Must not initiate chargebacks without attempting to resolve disputes in good faith.

7. Limitations and Disclaimers

a. No Guarantees: The availability of Content is not guaranteed. Access may be disrupted due to technical issues, Creator actions, or enforcement of Company policies.

b. Company Liability: The Company is not liable for any loss or damage arising from interactions or disputes between Subscribers and Creators.

8. Dispute Resolution and Governing Law

a. Applicable Law: This Agreement is governed by the laws of the State of Florida, United States, without regard to conflict of law principles.

b. Dispute Resolution: Any disputes arising from this Agreement shall be resolved in the courts located in Orange County, Florida.

9. Miscellaneous

a. Entire Agreement: This Agreement, along with the Terms of Use and related policies, constitutes the entire agreement between the parties regarding Creator and Subscriber interactions.

b. Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions remain in effect.

c. Amendments: The Company reserves the right to update this Agreement. Continued use of My Channel constitutes acceptance of any changes.

All rights reserved.

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