Updated January 19, 2022
- What is a Creator? A Creator is someone who offers membership, content, subscriptions, events, merchandise, and other services to Fans via Famecast.net (“Company”) and Famecast Media, Inc. (“Web Host”). A Creator may be an individual or legal entity.
- What are Fans? Fans pay to get benefits from Creators via Company and Web Host such as additional access, merchandise, exclusive content, and engaging events and experiences. Depending on a Creator’s preference, Fans will be charged either a set amount per month or per creation (e.g. an event or merchandise). Fans can cancel a membership subscription at any time. To become a Fan simply purchase merchandise or a ticket to an event; or create an account and join a Creator’s membership (which includes a free tier).
- How do memberships work? Creators make their membership available on Company and Web Host, and we provide membership to a Creator’s Fans on a subscription basis. We also handle payment issues such as fraud, chargebacks, and resolution of payments disputes.
As a Creator, there are two fees associated with your use of the Company and Web Host platform:
- The first is the platform fee, which varies depending on which services and what level of services you use on the Company and Web Host platform. Platform fees are detailed here.
- The second is the payment processing fee, which is dependent on the selected payment method and the currency selected by the Creator or Fan. Details of payment processing fees can be found here.
We collect tax identification information and report this to tax authorities as legally required. You are responsible for reporting any income or withholding taxes which may be due as a result of payments received. We are additionally responsible for a number of transactional taxes across the world. These include but are not limited to VAT on payments for electronically supplied services to Fans in the EU, GST as an operator of an electronic distribution platform (EDP) within Australia, and state sales tax as a result of ‘marketplace laws’ within the United States.
PAYMENTS TO CREATORS
By using the Company and Web Host Platform, You provide Company and Web Host with the authority to collect all payments from Your Fans. In some cases, issues may arise associated with payments, including but not limited to refunds, returns, chargebacks, or fraud. These payment issues may result in additional costs to Us for which You agree to be solely responsible. We will take action We deem necessary to assess and monitor risks associated with fraudulent purchases to protect You from unauthorized or illegal charges. In order to minimize Your costs associated with these issues, We may, at our discretion, institute a probationary period at the start of Your account, and periodically over time, to verify the number of Your Fans and / or their associated purchases. During this probationary period, We may restrict the level of dollar transactions or amounts from Your Fans’ purchases to limit Our liability. With Your cooperation, We can work together to reduce fraudulent charges. In accordance with the above, Your use of Our Platform provides Us with the express right to credit and/or debit Your account for a) payments We receive on Your behalf; and b) costs We incur regarding the above payment issues with respect to Your account.
- Compliance. Payments to Creators may be withheld or delayed if Company and Web Host policies are not complied with, or for other compliance purposes, including tax reporting regulations. We may also block payments from Fans to Creators to protect Creators if We believe such payments to be fraudulent.
- Fan’s non-payment for merchandise. In the event of any Fan’s non-payment for merchandise, Company and Web Host may destroy and/or donate all merchandise, including damaged items and items with full or partial designs to charity and the Creator hereby waives its right to collect royalties or other fees regarding merchandise that is destroyed or donated.
- Security. Creators are responsible for keeping their Fans’ data safe. Creators’ accounts are tied to their personal creative output and cannot be sold or transferred for use by another Creator.
- No Guarantee. We make no guarantees with respect to any collaboration We undertake with You, including any collaboration with respect to services, merchandise, or events.
Creators and Fans are responsible for all content they post. Company and Web Host, are intermediaries enabling You to provide content. Company and Web Host are not a publisher of such content. Creator agrees to hold Company and Web Host harmless and indemnify Company and Web Host from and against any claims arising out of content, including claims by Fans against Company and Web Host.
FRAUD AND FRAUDULENT PAYMENTS
Creators shall immediately report to Us all suspected or known instances and facts concerning possible fraud, abuse or criminal activity associated with their use of Our Platform. Creators are fully responsible for the return of fraudulent payments credited to Creators’ accounts. If returns for fraudulent payments put Your account balance into the negative, We reserve the right to recover those funds from future payments, or to close Your Creator account and pursue all legal remedies to recover amounts We are due.
Our policy is No Refunds, though we will allow for some exceptions where refunds are granted in our sole discretion.