OnlyFaith Contract Between Fan and Guru
BY USING OUR WEBSITE YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
1. Introduction: This Contract between Fan and Guru ("this Agreement") governs each interaction between a Fan and a Guru on OnlyFaith.
2. Scope: This Agreement is legally binding and applies each time a Guru Interaction is initiated on OnlyFaith. This Agreement applies to the exclusion of any other terms which the Fan or Guru may propose.
3. Parties: The only parties to this Agreement are the Fan and Guru participating in the Guru Interaction. The Company and/or its Subsidiaries are not parties to this Agreement or any Guru Interaction except as set forth below.
4. Interpretation: In this Agreement, defined terms have the following meanings:
- a. "Company": OnlyFaith ;
- b. "Content": any material uploaded to OnlyFaith by any User, including any photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever
- c. "Guru": a User who has set up their OnlyFaith account to post Content for Fans to subscribe to, and view
- d. "Guru Earnings": the portion of a Fan Payment payable to a Guru pursuant to these Terms of Service after deducting all fees and applying all relevant tax laws
- e. "Guru Interaction": an interaction on OnlyFaith that grants access to a Guru's Content, including: (i) a Subscription; (ii) a payment for pay-per-view Content; and (iii) any other interaction or payment between a User and a Guru's account or Content, including direct messages
- f. "Guru Interaction Licence": the non-transferable, non-sublicensable, and non- exclusive rights each Guru grants to Relevant Content
- g. "Fan": a User who has registered for an account and who can access a Gurus' Content via a Guru Interaction
- h. "Fan Payment": any payment related to a Guru Interaction
- i. "Fee": the 20% of all Fan Payments charged to Gurus in accordance with the Terms of Service
- j. "Include", "Includes" and "Including" also mean "without limitation"
- k. "Indirect Sales Taxes": any Tax that is statutorily applied to Fan Payments in any relevant jurisdiction
- l. "OnlyFaith": the website accessed via www.onlyfaith.one or via any web browser, which is owned and operated by the Company
- m. "Paid Relevant Content": any Content for which the Fan must make a Fan Payment
- j. "Include", "Includes" and "Including" also mean "without limitation"
- k. "Indirect Sales Taxes": any Tax that is statutorily applied to Fan Payments in any relevant jurisdiction
- l. "OnlyFaith": the website accessed via www.onlyfaith.one or via any web browser, which is owned and operated by the Company
- m. "Paid Relevant Content": any Content for which the Fan must make a Fan Payment
- n. "Referring User": a User who participates in the OnlyFaith Referral Program
- o. "Relevant Content": the applicable Content of a Guru to which a Guru Interaction relates
- p. "Subscription": a Fan's binding agreement to obtain access for a specific period of time to all Content that a Guru makes available to Fans in exchange for authorising automatic renewal payments. This excludes individually priced Content.
- q. "Subsidiary": any legal entity which the Company or one of the Company's subsidiaries, alone or with other Company subsidiaries, owns, or has the power to vote or control
- r. "Tax": all forms of tax and statutory or governmental charges, duties, imposts, contributions, levies, withholdings, or liabilities wherever chargeable in any applicable jurisdiction
- s. "Upload": publish, display, post, type, input, or otherwise share any photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever
- t. "User": any user of OnlyFaith, whether a Guru or a Fan or both (also referred to as "you" or "your")
5. Pricing and payment: The Fan entering into a Guru Interaction agrees to pay the applicable Fan Payment plus any Indirect Sales Tax, which the Company and its Subsidiaries are authorised to collect. The Company is also authorised to deduct the Fee, to pay out Guru Earnings, and to pay applicable referral payments.
6. Subscriptions and Renewals: When you select "Subscribe," you agree to start a Subscription. A Subscription will automatically renew at the current rate (plus Indirect Sales Tax), and the renewal period will be the same as your initial Subscription term. You authorise us to charge you again for the renewal term after each Subscription without notice to you or unless required by applicable law, unless:
- a. your payment is declined and you have not provided another payment;
- b. the Subscription price has increased;
- c. you switched off the "Auto-Renew" feature on the Guru's account; or
- d. you close your OnlyFaith account before the new subscription period begins. By selecting "Subscribe," you agree to these provisions, and acknowledge that you will not receive further Notice regarding the renewal of that Subscription.
7. Licence of Content: As part of a Guru Interaction, the Guru grants a Guru Interaction Licence. The Guru Interaction Licence permits a Fan access to Relevant Content.
8. Ownership of Content: The Guru Interaction Licence does not grant any Fan ownership rights to the Relevant Content.
9. Expiry of licence: The Guru Interaction Licence expires automatically without notice:
- a. if the Fan Payment related to the Guru Interaction was unsuccessful, charge back, or reversed;
- b. if the Guru deletes either the Relevant Content or their Guru account;
- c. when an active Subscription period ends;
- d. if the Fan's account is suspended or terminated;
- e. if the Fan breaches the OnlyFaith Terms of Service;
- f. if Relevant Content is removed from the Guru's account or the Guru's account is suspended or terminated; and
- g. if the Fan closes their account.
10. Removal of Content: The Company reserves the right to remove any Content from a Guru's account at any time. The Fan participating in the Guru Interaction acknowledges that Gurus may remove Content, including pay-per-view Content at any time.
11. Cancellation and refunds: In respect of every Guru Interaction:
- a. Cancellations and refunds also are subject to the Company's Terms of Service.
12. Obligations between Guru and Fan in Guru Interactions:
- a. The Fan and the Guru agree to comply at all times with OnlyFaith Terms of Service.
- b. The Guru is solely responsible for creating and publishing Relevant Content.
- c. The Guru warrants that it possesses all necessary rights to grant a Guru Interaction Licence.
- d. The Guru agrees to provide Paid Relevant Content once the Fan has made the Fan Payment.
- e. The Fan acknowledges that third parties may assist Gurus in operating their accounts and in Guru Interactions.
- f. The Fan agrees to make the Fan Payment required to access Paid Relevant Content.
- g. The Fan agrees not to initiate a chargeback unless the Fan disputes the Guru Interaction in good faith.
- h. The Fan assumes all risk of accessing the Relevant Content unless the Guru engages in negligence or another breach of duty.
13. No guarantees: The Fan participating in the Guru Interaction acknowledges that circumstances may prevent access to Relevant Content, including if the availability of all or any part of OnlyFaith is suspended or inaccessible.
14. Applicable law and forum for disputes:
- a. To the greatest extent permitted by the laws of the place where you live, this Agreement is governed by the laws of Singapore, which 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 country where they live.
15. Severability: In the event any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, or is prohibited by law, the remaining provisions of the Agreement shall remain in full force and effect, and the remainder of this Agreement shall be valid and binding as though such invalid, unenforceable, or prohibited provision were not included herein.