1. Introduction

This Standard Contract between Fan and Model ("this agreement") sets out the terms which govern each Payment between a Fan and a Model on Queensi.
Each time a Fan/Model Payment is initiated on Queensi, this Standard Contract between Fan and Model will apply to the exclusion of any other terms which the Fan or Model may propose, and this Standard Contract between Fan and Model will legally bind the Fan and Model participating in the Fan/Model Payment.
Parties: The only parties to this agreement are the Fan and Model participating in the Fan/Model Payment. Neither QN Group Limited nor any of its subsidiary companies is a party to this agreement and neither QN Group Limited nor any of its subsidiary companies grants any rights in respect of, nor participates in, any Fan/Model Payment, except that QN Group Limited or any of its subsidiary companies may act as a payment intermediary in accordance with the Model’s and Fan’s instructions set out in this agreement.

1. Interpretation

In this agreement, defined terms have the following meanings:
"Queensi" means the website accessed via the URL […]  or via any web browser,
"Content" means any material uploaded to Queensi by any User (whether a Model 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,
"Model" means a User who has set up their Queensi account as a Model account to post Content on Queensi to be viewed by other Users,
"Fan" means a User who follows a Model account and is able to view the Model's Content,
"Referring User" means a User who participates in the Queensi Referral Program,
"Fan/Model Payment" means any Payment between a Fan and a Model on Queensi by which access is granted to the Model's Content, including in any of the following ways: (i) a Subscription, (ii) payments made by a Fan to view a Model'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 Model's account,
"Fan Payment" means (i) any and all payments made by a Fan in respect of any Fan/Model Payment, and (ii) any and all tips,
"Model Fee" means the fee charged to Models in accordance with wit the Terms of Use for Models,
"Subscription" means a Fan's subscription to a Model's account,
"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, and
"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 UK or any other jurisdiction.
Any other terms that require definition and are not defined in the contract shall have the meaning ascribed to them in the Terms of Use for All Users.
Pricing and payment: By entering into a Fan/Model Payment, the Fan agrees to pay the Fan Payment applicable to the relevant Fan/Model Payment in accordance with the pricing published in the Model's account plus any VAT which is applicable. The Fan and Model participating in the Fan/Model Payment authorize Fenix International Limited or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the Fan Payment and any applicable VAT, to deduct the FIL Fee, and to pay out the sums due to Models and (if applicable) Referring Users, as described in the Queensi Terms of Service.
License of Content: Once the Fan has made the Fan Payment for a Fan/Model Payment, the Model grants to the Fan a limited license to access the applicable Content of that Model to which the Fan/Model Payment 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 Queensi Acceptable Use Policy.
Ownership of Content: The Fan participating in the Fan/Model Payment acknowledges and agrees that the license of the Relevant Content does not result in the Fan acquiring any rights in or to the Relevant Content, which rights shall be retained by the Model 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:

• if the Fan Payment related to the Fan/Model Payment was unsuccessful, or is charged back or reversed for any reason,
• in respect of pay-per-view Content, once the Fan has completed viewing the Content,
• in respect of Subscriptions, at the end of the subscription period, unless the Subscription is configured to automatically renew as described in the Queensi Terms of Use for Fans,
• if the Fan's User account is suspended or terminated for any reason,
• if the Fan acts in breach of the Queensi Acceptable Use Policy (whether in relation to the Relevant Content or at all),
• if the Content is removed from the Model's account,
• if the Fan closes their Queensi User account.

 

1. Cancellation and refunds

In respect of every Fan/Model Payment:
The Fan acknowledges that the Fan/Model Payment will result in a supply of the relevant Content to the Fan before the end of the period of 14 days from the date when the Fan/Model Payment is entered into, and the Fan gives his or her express consent to this and confirms to the Model that he or she is aware that any statutory right to cancel the Fan/Model
This agreement does not affect any statutory right to receive a refund from the Model which a Fan may have under the Consumer Rights Act 2015 or any other applicable law.

1. Obligations between Model and Fan

In respect of every Fan/Model Payment
The Fan and the Model participating in the Fan/Model Payment agree to comply at all times with the Queensi Acceptable Use Policy in relation to the Relevant Content, including when accessing, viewing and interacting with it.
The Fan participating in the Fan/Model Payment 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/Model Payment in good faith.
The Model participating in the Fan/Model Payment agrees to make the Relevant Content available to the Fan once the Fan has made the Fan Payment applicable to the Relevant Content.
The Model 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.
The Model is solely responsible for creating and uploading the Relevant Content. The Model provides no guarantees that it will continue to create and upload Relevant Content on an ongoing basis.
Unless there has been negligence or other breach of duty by the Model, the accessing by the Fan of the Model's Content is entirely at the Fan's own risk.

1. No guarantees

The Fan participating in the Fan/Model Payment acknowledges that Models may add and remove Content at any time from their Model account, and that Models have the discretion to decide what sort of Content to make available on their account. In addition, the Fan participating in the Fan/Model Payment 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/Model Payment, including:

• if the Model's account is suspended or deleted,
• if the Fan's account is suspended or deleted,
• if the availability of all or any part of Queensi site is suspended or inaccessible, or
• if the Model is unable to create or upload Relevant Content in the future.

 

1. Terms relating to disputes

This agreement is governed by English law and English law 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 he or she lives.

1. Where claims can be brought:

If this agreement is with a Fan resident in the United Kingdom or the European Union, any claim under this agreement may be brought in the courts of England and Wales or the courts of the country where the Fan lives.
If this agreement is with a Fan resident outside of the United Kingdom or the European Union any claim under this agreement must be brought in the courts of England and Wales, unless the Fan and Model otherwise agree.