Standard Contract between Participant and Creator
This Agreement ("this agreement") sets forth the terms governing transactions between each user of Finderasmus ("Participant" and also referred to as "Creator").
Applicability
Upon initiation of each Finderasmus transaction, this Standard Agreement shall become effective and shall bind the Participant and Creator. The parties shall not accept any other terms outside of this Standard Agreement, and this Standard Agreement shall legally bind the Participant and Creator involved in the transaction.
Parties
The parties to this agreement are the Participant and Creator conducting transactions on the Finderasmus platform. The parent company of Finderasmus, MB Kodvalley, or its subsidiaries, are not parties to this agreement and do not grant any rights between the Participant and Creator.
Definitions
Some terms defined in this agreement shall have the following meanings:
Finderasmus: The platform accessed through www.finderasmus.com or any web browser.
Content: Any material uploaded to Finderasmus by any user (Creator or Participant), including various materials such as photos, videos, audio, data, text, emojis, GIFs, and other materials.
Creator: A user who shares content on Finderasmus.
Participant: A user who follows a Creator and can view their content.
Participant/Creator Transaction: Any transaction between a Participant and a Creator, including payments for subscriptions, content viewing, or interaction.
Participant Payment: Payments made by a Participant for a Participant/Creator Transaction.
VAT: Lithuanian value-added tax and similar taxes.
Tax: All forms of taxes and charges imposed in Lithuania or elsewhere.
Pricing and Payment
For every Participant/Creator Transaction on Finderasmus, the Participant agrees to pay the applicable Participant Payment and applicable VAT. The Participant and Creator authorize MB Kodvalley or its subsidiaries to act as a payment intermediary, collect and process the Participant Payment, deduct the FIL Fee, and make payments to Creators and Referring Users, if any, as described in the Finderasmus Terms of Service.
Content License
After a Participant makes a Subscription Payment for a Participant/Creator Transaction, the Creator grants a limited license to the relevant Content ("Related Content"). This license is non-transferable, non-sublicensable, and exclusive, allowing the Participant to access and view the Related Content on their personal device and through a normal web browser, following the Finderasmus Acceptable Use Policy.
Content Ownership
The Participant participating in the Participant/Creator Transaction acknowledges not acquiring any rights to the Related Content through the Content license, as those rights remain with the Creator.
License Duration
A Participant's access to the Related Content will automatically cease, without notice, in the following instances:
If the Participant Payment for the Participant/Creator Transaction fails or is reversed for any reason (e.g., gateway or bank disputes).
For pay-per-view Content where the Participant completes viewing the Content.
For subscriptions, at the end of the subscription period, unless it automatically renews.
If the Participant's User account is suspended or terminated.
If the Participant violates the Finderasmus Acceptable Use Policy while accessing the Related Content.
If the Content is removed from the Creator's account.
If the Participant closes their Finderasmus User account.
Cancellation and Refunds
For each Participant/Creator Transaction:
The Participant acknowledges that access to the content will be provided within 14 days of the Participant/Creator Transaction, thereby waiving any right to cancel the transaction under the Consumer Rights Act 2015 or any other applicable law.
This agreement does not affect the Participant's legal right to request a refund from the Creator under the Consumer Rights Act 2015 or any other applicable law.
Responsibilities
For each Participant/Creator Transaction:
The Participant and Creator agree to comply with the Finderasmus Acceptable Use Policy regarding the Related Content.
The Participant agrees to make the Participant Payment required for the Participant/Creator Transaction and agrees not to request a refund except in good faith disputes.
The Creator agrees to provide the Related Content to the Participant once the Participant has made the applicable Participant Payment.
The Creator warrants having all necessary rights to license the Related Content to the Participant in the region where the Participant will access it and has obtained all required permissions for the license.
The Creator is solely responsible for creating the content and does not guarantee continuous creation and uploading of Related Content.
Unless due to negligence or other breach by the Creator, Participant's access to the Creator's Content is entirely at the Participant's own risk.
Guarantees
The Participant acknowledges that the Creator reserves the right to modify or remove the Related Content at any time, and there may be instances where the Participant cannot access the Related Content.
Dispute Terms
This agreement is governed by Lithuanian law, and Lithuanian law shall apply to any claim arising from or related to this agreement. The Participant may also rely on mandatory rules of the law in their country.
Jurisdiction
If this agreement is with a Participant residing in the European Union, any claim under this agreement may be brought in Lithuanian courts or the courts of the Participant's country of residence.
If this agreement is with a Participant residing outside the European Union, any claim must be brought in Lithuanian courts, unless otherwise agreed by the Participant and Creator.
Last Updated: November 2023