Contract between the subscriber and the creator
Notice regarding the language priority of the web terms.
In the event of any inconsistencies, contradictions or errors in translation between the English and Czech versions of our web terms, the Czech version shall be the primary and final terms. Czech conditions take precedence and will always apply over English conditions. If you have any questions about the content or interpretation of the Website Terms, please contact us for further information and clarification.
1. Introduction: This Standard Subscriber-Creator Agreement (“this Agreement”) sets forth the terms and conditions governing every transaction between a Subscriber and a Creator on GayPlanet. 2. When Does This Agreement Apply? Each time a Subscriber/Creator transaction is initiated on GayPlanet, this Standard Subscriber/Creator Agreement will apply, to the exclusion of any other terms that the Subscriber or Creator may suggest, and this Standard the contract between the subscriber and the creator will be legally binding on the Subscriber and the Creator participating in the Subscriber/Creator transaction. 3. Parties: The only parties to this Agreement are the subscriber and the creator participating in the subscriber/creator transaction. Nor is GayPlanet a party to this Agreement, and GayPlanet does not grant any rights in connection with any Transaction to Subscriber/Creator, except that GayPlanet may act as a payment intermediary in accordance with the instructions of the Creator and Subscriber set forth in Section 5 of this Agreement. 4. Interpretation: In this Agreement, defined terms have the following meaning:
a) "GayPlanet" means the website accessible via the URL www.gayplanet.cz and www.gayplanets.com or via any web browser and application;
b) "Content" means any material uploaded to GayPlanet by any user (whether a creator or subscriber), including any photos, videos, audio (such as music and other sounds), live broadcast material, data, text (such as comments and hashtags), metadata, images, interactive elements, emoticons, GIFs, memes and any other material;
c) “Creator” means a user who has uploaded their documents and has been approved by the administrators as a creator to post premium content on GayPlanet and to be viewed by other users;
d) "Subscriber" means a user who follows the Creator and is able to view the Creator's content;
e) "Referral User" means a user participating in GayPlanet's referral program;
f) "Subscriber/Creator Transaction" means any transaction between a Subscriber and a Creator on GayPlanet whereby access to Creator Premium Content is granted by any of the following means: (i) subscription, (ii) payments made by a Viewing Subscriber paid creator content (payments for media views) and (iii) payments made by a subscriber using the subscriber interaction feature on the creator's account;
g) "Fee" means the fee charged to Creators in accordance with Section 5 of the GayPlanet Terms of Use for Creators;
h) "Subscription" means the subscription of the Subscriber who has subscribed to the Creator's account;
i) "Taxes" include all forms of taxes and statutory, government, state, federal, provincial, local government or municipal fees, duties, charges, contributions, levies, deductions or obligations, whether charged in the Czech Republic or in any other jurisdiction.
5. Pricing and Payment: By entering into a Subscriber/Creator transaction, the Subscriber agrees to pay the Creator in accordance with the price published by the Creator. A Subscriber and a Creator participating in a Subscriber/Creator Transaction authorize GayPlanet to act as a payment intermediary and to collect, hold and process the Subscriber Payment and any applicable VAT, deduct a fee and to pay amounts due to Creators and (if applicable) Referral Users as described in the GayPlanet Terms of Service. 6. Content License: Once the Subscriber has paid for the Subscriber/Creator transaction, the Creator grants the Subscriber a limited license to access the relevant content of that Creator to which the Subscriber/Creator transaction applies (the “Relevant Content”) . This license is non-transferable, non-sublicensable and non-exclusive and permits Subscriber to access and display the Relevant Content on Subscriber's personal device and through a standard 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 of the Subscriber's access to the Content (i.e. caching). 7. Ownership of Content: Subscriber participating in the Subscriber/Creator Transaction acknowledges and agrees that the license to the Relevant Content set forth in Section 6 of this Agreement does not result in the Subscriber acquiring any rights to the Relevant Content, while these rights will be retained by the Creator of the relevant content. 8. License Expiration: The license granted to Subscriber in relation to the Relevant Content will automatically expire without notice in the following circumstances:a) if the Subscriber Payment related to the Subscriber/Creator Transaction was unsuccessful or is charged back or canceled for any reason;
b) in the case of pay-per-view content, once the subscriber has finished viewing the content;
c) if it is a subscription and is at the end of the subscription period;
d) if the Customer's user account is suspended or terminated for any reason;
e) if the Customer acts contrary to GayPlanet Rules of Conduct (whether in relation to Relevant Content or in general);
f) if the Content is removed from the Creator's account;
g) if the subscriber closes his user account on GayPlanet.
9. Cancellation and Refunds: With respect to each Subscriber/Creator transaction:a) The Subscriber acknowledges that the Subscriber/Creator Transaction will lead to the delivery of the relevant content to the Subscriber.
b) This Agreement does not affect any statutory right to a refund from the Creator that the Subscriber may have under the Consumer Rights Act or any other applicable law.
10. Obligations between creator and subscriber: With respect to each subscriber/creator transaction:a) Subscriber and Creator participating in the Transaction The Subscriber/Creator agrees to always comply with the Rules of Conduct in relation to the Relevant Content, including when accessing, viewing and interacting with it.
b) Subscriber participating in a Subscriber/Creator Transaction agrees to pay for accessing, viewing or interacting with Relevant Content and agrees not to initiate a chargeback other than if Subscriber disputes the Transaction /creator in good faith.
c) The Creator participating in the Subscriber/Creator Transaction agrees to make the Relevant Content available to the Subscriber once the Subscriber has made the payment applicable to the Relevant Content.
d) The Creator warrants (makes a legally enforceable promise) that it owns all necessary rights to the Relevant Content and sufficient to license it to the Subscriber in the territory where the Subscriber will access the Relevant Content, and has obtained all necessary permissions and consents to grant the license in Section 6 of this Agreement.
e) The Creator is solely responsible for creating and uploading Relevant Content. The Creator makes no guarantees that it will continue to create and upload relevant content.
f) If there was no negligence or other breach of duty on the part of the Creator, the subscriber accesses the Creator's Content entirely at his own risk.
11. No Warranties: A Subscriber participating in a Subscriber/Creator Transaction acknowledges that Creators may add and remove Content from their Creator Account at any time and that Creators may decide what kind of Content they make available on their Account. In addition, a subscriber participating in a subscriber/creator transaction acknowledges that there may be circumstances in which the subscriber may not be able to access the applicable content to be provided under the subscriber/creator transaction, including:a) if the Creator's account is suspended or deleted;
b) if the customer's account is suspended or deleted;
c) if the availability of all or part of the GayPlanet site is suspended or unavailable; or
d) if the Creator is unable to create or upload Relevant Content in the future.
12. Dispute Terms:a) This contract is governed by Czech law and Czech law will apply to any claim arising out of or related to this contract. The customer will also be able to rely on the binding rules of the law of the country where he lives.
b) Where claims can be made:
I. If this contract is concluded with a customer residing in the European Union, any claim under this contract may be brought before the courts of the Czech Republic or the courts of the country where the customer lives.
II. If this contract is concluded with a customer residing outside the European Union, any claim under this contract must be filed in the courts of the Czech Republic, unless the customer and creator agree otherwise.
Last updated: 6/15/2022