FAN AND CREATOR - STANDARD CONTRACT
1. This Standard Contract between Fan and Creator (”Terms”) sets out the terms which govern each transaction between a Fan and a Creator via the Fan Feed section of the Services.
2. When do these Terms apply?
2.1 Each time a Fan/Creator Transaction is initiated on the Services, these Terms between Fan and Creator will apply to the exclusion of any other terms which the Fan or Creator may propose, and these Terms between Fan and Creator will legally bind the Fan and Creator participating in the Fan/Creator Transaction.
3.1 The only parties to this agreement are the Fan and Creator participating in the Fan/Creator Transaction. JL Stream Private Limited is not a party to these Terms and neither grants any rights in respect of, nor participates in, any Fan/Creator Transaction, except for acting as a payment intermediary in accordance with the Creator’s and Fan’s instructions set out in section 5 of these Terms.
4. Interpretation. In these Terms, the terms listed below have the following meanings:
4.1 “JL” means J L Stream Private Limited.
4.2 “Services” means the your access and use of www.jlstream.com (the “Site”) and all other products, services, features, content or applications that link to these Terms (together with the Site, the “Services” “Service”) offered by JL.
4.3 "Fan Feed" means the Fan Feed section available / accessed via the Services;
4.4 "Content" means any material uploaded to the Fan Feed section of the Services by any User (whether a Creator 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;
4.5 "Creator" means a User who has achieved VIP status and is now allowed to post Content in the Fan Feed Section of the Services to be viewed by other Users;
4.6 "Fan" means a User who follows a Creator and is able to view the Creator's Content;
4.7 "Fan/Creator Transaction" means any transaction between a Fan and a Creator via the Services by which access is granted to the Creator's Content by payments made by a Fan to view a Creator's pay-per-view Content;
4.8 "Fan Payment" means any and all payments made by a Fan in respect of any Fan/Creator Transaction;
4.9 "Fee" means the fee charged by JL to Creators in accordance with section 5 of the Terms for Creators;
4.10 "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 Singapore or any other jurisdiction.
5. Pricing and payment.
5.1 By entering into a Fan/Creator Transaction, the Fan agrees to pay the Fan Payment applicable to the relevant Fan/Creator Transaction in accordance with the pricing published in the Creator's account plus any Tax which is applicable.
6. License of Content.
6.1 Once the Fan has made the Fan Payment for a Fan/Creator Transaction, the Creator grants to the Fan a limited license to access the applicable Content of that Creator to which the Fan/Creator Transaction relates (the "Relevant Content").
6.2 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 the Services (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 JL Terms.
7. Ownership of Content.
7.1 The Fan participating in the Fan/Creator Transaction acknowledges and agrees that the license of the Relevant Content provided in section 6 of this agreement does not result in the Fan acquiring any rights in or to the Relevant Content, which rights shall be retained by the Creator of the Relevant Content.
8. Expiry of license.
8.1 The license granted to a Fan in relation to the Relevant Content will expire automatically without notice in the following circumstances:
8.1.1 if the Fan Payment related to the Fan/Creator Transaction was unsuccessful, or is charged back or reversed for any reason;
8.1.2 if the Fan's User account is suspended or terminated for any reason;
8.1.4 if the Content is removed by the Creator from the Creator's account;
8.1.5 if the Fan closes their JL User account.
9. Cancellation and refunds.
In respect of every Fan/Creator Transaction.
9.1 The Fan acknowledges that the Fan/Creator Transaction 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/Creator Transaction is entered into, and the Fan gives his or her express consent to this and confirms to the Creator that he or she is aware that any statutory right to cancel the Fan/Creator Transaction which the Fan has under any applicable law will therefore be lost.
9.2 These Terms do not affect any statutory right to receive a refund from the Creator which a Fan may have under any other applicable law.
10. Obligations between Creator and Fan
In respect of every Fan/Creator Transaction:
10.2 The Fan participating in the Fan/Creator Transaction 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/Creator Transaction in good faith.
10.3 The Creator participating in the Fan/Creator Transaction agrees to make the Relevant Content available to the Fan once the Fan has made the Fan Payment applicable to the Relevant Content.
10.4 The 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 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.
10.5 The Creator is solely responsible for creating and uploading the Relevant Content. The Creator provides no guarantees that it will continue to create and upload Relevant Content on an ongoing basis.
10.6 Unless there has been negligence or other breach of duty by the Creator, the accessing by the Fan of the Creator's Content is entirely at the Fan's own risk.
11. No guarantees.
11.1 The Fan participating in the Fan/Creator Transaction acknowledges that Creators may add and remove Content at any time from their Creator account, and that Creators have the discretion to decide what sort of Content to make available on their account.
11.2 In addition, the Fan participating in the Fan/Creator Transaction 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/Creator Transaction, including:
11.2.1 if the Creator's account is suspended or deleted;
11.2.2 if the Fan's account is suspended or deleted;
11.2.3 if the availability of all or any part of the Services is suspended or inaccessible; or
11.2.4 if the Creator is unable to create or upload Relevant Content in the future.
12. Terms relating to disputes.
12.1 This agreement is governed by Singapore law and Singapore law will apply to any claim that arises out of or relates to this agreement.
12.2 The Fan will also be able to rely on mandatory rules of the law of the country where he or she lives.
12.3 Where claims can be brought:
12.3.1 If this agreement is with a Fan resident in Singapore, any claim under this agreement may be brought in the courts of Singapore.
12.3.2 If this agreement is with a Fan resident outside of Singapore any claim under this agreement must be brought in the courts of Singapore, unless the Fan and Creator otherwise agree.