1. Introduction: This Basic Contract between Chaser and Star (Creator) ("this agreement") sets out the terms which govern each transaction between a Chaser and a Star (Creator) on PigLoad.Club.
2. When does this agreement apply? Each time a Chaser/Star (Creator) Transaction is initiated on PigLoad.Club, this Contract between Chaser and the Star (Creator) will apply to the exclusion of any other terms which the Chaser or the Star (Creator) may propose, and this Basic Contract between Chaser and Star (Creator) will legally bind the Chaser and the Star (Creator) participating in the Chaser/Star (Creator) Transaction.
3. Parties: The only parties to this agreement are the Chaser and Star (Creator) participating in the Chaser/Star (Creator) Transaction. Schweinkram, PigLoad.Club nor any of its subsidiary companies are a party to this agreement and neither Schweinkram nor PigLoad.Club nor any of its subsidiary companies grants any rights in respect of, nor participates in, any Chaser/Star (Creator) Transaction, except that Schweinkram - PigLoad.Club or any of its subsidiary companies may act as a payment intermediary following the Star (Creator) ’s and Chaser’s instructions set out in section 5 of this agreement.
4. Interpretation: In this agreement, defined terms have the following meanings:
a) "PigLoad.Club" means the website accessed via the URL www.PigLoad.Club.com on a web browser;
b) "Content" means any material uploaded to PigLoad.Club by any User (whether a Star (Creator) or a Chaser), including any photos, videos, audio (for example music and other sounds), Livestream material, data, text ( for example comments and notes, hashtags, tags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
c) "Star (Creator) " means a User who has set up their PigLoad.Club account as a Star (Creator) accounts to post Content on PigLoad.Club to be viewed by other Users;
d) "Chaser" means a User who follows a Star (Creator) and can view the Star (Creator) 's Content;
e) "Chaser/Star (Creator) Transaction" means any transaction between a Chaser and a Star (Creator) on PigLoad.Clubs by which access is granted to the Star (Creator) 's Content, including in any of the following ways: (i) a Subscription, (ii) payments made by a Chaser to view a Star (Creator) 's pay-per-view Content (pay-per-view media and pay-per-view live stream), and (iii) payments made by a Chaser to use the Chaser interaction function on a Star (Creator) 's account, (iv); any shop interaction in the Star (Creator)'s shop
f) "Chaser Payment" means (i) any payments made by a Chaser in respect of any Chaser/Star (Creator) Transaction, and (ii) any tips;
g) "PL Fee" means the fee charged to Star (Creator) per section 5 of the PigLoad.Clubs Terms of Service for Star (Creator) ;
h) "Subscription" means a Chaser's subscription to a Star (Creator) 's account;
i) "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
5. Pricing and payment: By entering into a Chaser/Star (Creator) Transaction, the Chaser agrees to pay the Chaser Payment applicable to the relevant Chaser/Star (Creator) Transaction under the pricing published by the Star (Creator). The Chaser and Star (Creator) participating in the Chaser/Star (Creator) Transaction authorize PigLoad.Club or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the Chaser Payment, deduct the PL Fee, and pay out the sums due to the Star (Creator) as described in the PigLoad.Clubs Terms of Service.
6. The license of Content: Once the Chaser has made the Chaser Payment for a Chaser/Star (Creator) Transaction, the Star (Creator) grants the Chaser a limited license to access the applicable Content of that Star (Creator) to which the Chaser/Star (Creator) Transaction relates (the "Relevant Content"). This license is non-transferable, non-sublicensable, and non-exclusive, and permits the Chaser to access and view the Relevant Content on the Chaser's device, via a regular 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 Chaser's accessing the Content (i.e. caching)) all other copies or distribution of them are prohibited, as it is publicly showing them to other not involved in the transaction, as by the PigLoad.Club Acceptable Use Policy.
7. Ownership of Content: The Chaser participating in the Chaser/Star (Creator) Transaction acknowledges and agrees that the license of the Relevant Content provided in section 6 of this agreement does not result in the Chaser acquiring any rights in or to the Relevant Content, which rights shall be retained only by the Star (Creator) of the Relevant Content.
8. Expiry of license: The license granted to a Chaser about the Relevant Content will expire automatically without notice in the following circumstances:
a) if the Chaser Payment related to the Chaser/Star (Creator) Transaction was unsuccessful or is charged back or reversed for any reason;
b) in respect of pay-per-view Content, once the Chaser has completed viewing the Content;
c) in respect of Subscriptions, at the end of the subscription period, unless the subscription is configured to automatically renew as described in section 8(h) of the PigLoad.Club Terms of Use for Chasers;
d) if the Chaser's User account is suspended or terminated for any reason;
e) if the Chaser acts in breach of the PigLoad.Club Prohibited Content (whether about the Relevant Content or at all);
f) if the Content is removed from the Star (Creator) 's account;
g) if the Chaser closes their PigLoad.Club User account.
9. Cancellation and refunds: In respect of every Chaser/Star (Creator) Transaction:
a) The Chaser acknowledges that the Chaser/Star (Creator) Transaction will result in a supply of the relevant Content to the Chaser before the end of the period of 14 days from the date when the Chaser/Star (Creator) Transaction is entered into, and the Chaser gives his/ her/their express consent to this and confirms to the Star (Creator) that he/she/them is aware that any statutory right to cancel the Chaser/Star (Creator) Transaction which the Chaser has under applicable law will therefore be lost.
b) This agreement does not affect any statutory right to receive a refund from the Star (Creator) which a Chaser may have under applicable law. PigLoad.Club will not give legal advice in any case.
10. Obligations between Star (Creator) and Chaser: In respect of every Chaser/Star (Creator) Transaction:
a) The Chaser and the Star (Creator) participating in the Chaser/Star (Creator) Transaction agree to comply at all times with the PigLoad.Club Prohibited Content Policy with the Relevant Content, including when accessing, viewing, and interacting with it.
b) The Chaser participating in the Chaser/Star (Creator) Transaction agrees to make the Chaser Payment required to access, view, or interact with the Relevant Content and agrees not to initiate a chargeback other than if the Chaser disputes the Chaser/Star (Creator) Transaction in good faith.
c) The Star (Creator) participating in the Chaser/Star (Creator) Transaction agrees to make the Relevant Content available to the Chaser once the Chaser has made the Chaser Payment applicable to the Relevant Content.
d) The Star (Creator) warrants (makes a legally enforceable promise) that it possesses all necessary rights in and to the Relevant Content sufficient to license it to the Chaser in the territory in which the Chaser will be accessing the Relevant Content, and has obtained any permissions and consents needed to grant the license in section 6 of this agreement.
e) The Star (Creator) is solely responsible for creating and uploading the Relevant Content. The Star (Creator) provides no guarantees that it will continue to create and upload Relevant Content on an ongoing basis.
f) Unless there has been negligence or other breaches of duty by the Star (Creator), the accessing by the Chaser of the Star (Creator) 's Content is entirely at the Chaser's own risk.
11. No guarantees: The Chaser participating in the Chaser/Star (Creator) Transaction acknowledges that Star (Creator) may add and remove Content at any time from their Star (Creator) account and that Star (Creator) has the discretion to decide what sort of Content to make available on their account. In addition, the Chaser participating in the Chaser/Star (Creator) Transaction acknowledges that there may be circumstances where the Chaser can't access Relevant Content to be provided under the Chaser/Star (Creator) Transaction, including:
a) if the Star (Creator) 's account is suspended or deleted;
b) if the Chaser's account is suspended or deleted;
c) if the availability of all or any part of PigLoad.Club site is suspended or inaccessible; or
d) if the Star (Creator) is unable to create or upload Relevant Content in the future.
12. Terms relating to disputes:
This agreement is governed by US American law and will apply to any claim that arises out of or relates to this agreement. The Chaser will also be able to rely on mandatory rules of the law of the country where he/ she/ them lives.