Skip to main content

The Experience help documents are still in-progress. Raise a request if you got any questions with the platform. We are available 24/7 to help you.

Standard Agreement between Creator & Member

Updated

Updated: May 13, 2024

This standard agreement between the Member and the Model sets out the terms that govern each transaction between a Member and a Model on VIP Experience.

  1. Definitions. In this agreement, the following definitions apply:
    1. “Content” means any material uploaded to VIP Experience by any User (whether a Model or a Member), 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.
    2. “Member” means a User who follows a Model and is able to view the Model’s Content.
    3. “Member/Model Transaction” means any transaction between a Member and a Model on VIP Experience by which access is granted to the Model’s Content in any of the following ways: (a) a Subscription; (b) payments made by a Member to view a Model’s pay-per-view Content (pay-per-view media and pay-per-view live stream) or pay-per-clip Content; (c) payments made by a Member to use the interaction function on a Model’s account; and (d) payments made by a Member to a Model for any other paid feature available now or in the future.
    4. “Member Payment” means (a) all payments made by a Member with respect to any Member/Model Transaction, and (b) all tips.
    5. “Model” means a User who has set up their VIP Experience account as a Model account to post Content on VIP Experience to be viewed by other Users.
    6. “Relevant Content” has the meaning set out in section 5.
    7. “Service Fee” means the fee charged by RRJ Media Holdings LLC to Models under the Model Agreement.
    8. “Subscription” means a Member’s subscription to a Model’s account.
    9. “Tax” includes all forms of tax and statutory, governmental, state, federal, provincial, local government, or municipal charges, duties, imposts, contributions, levies, withholdings, or liabilities, including value added tax, sales tax, and use tax, wherever chargeable.
    10. “User” means any user of VIP Experience, whether a Model or a Member or both (also referred to as “you” or “your”).
    11. “VIP Experience” means the website located at www.vipexperienc.com.
  1. Applicability. Each time a Member/Model Transaction is initiated on VIP Experience, this agreement will apply to the exclusion of any other terms that the Member or Model may propose, and this agreement legally binds the Member and Model participating in the Member/Model Transaction.
  2. Parties. The only parties to this agreement are the Member and Model participating in the Member/Model Transaction. RRJ Media Holdings LLC is not a party to this agreement, and neither grants any rights in respect of, nor participates in, any Member/Model Transaction, except for acting as a payment intermediary under the Model’s and Member’s instructions set out in section 4 of this agreement.
  3. Pricing and Payment. By entering into a Member/Model Transaction, the Member shall pay the Member Payment applicable to the relevant Member/Model Transaction according to the pricing published in the Model’s account plus any applicable Tax. The Member and Model participating in the Member/Model Transaction authorize RRJ Media Holdings LLC or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the Member Payment and any applicable Tax, to deduct the Service Fee, and to pay out the sums due to Models, as described in the VIP Experience Model Agreement.
  4. Content License. Once the Member has made the Member Payment for a Member/Model Transaction, the Model hereby grants the Member a limited license to access the applicable Content of that Model to which the Member/Model Transaction relates (“Relevant Content”). This license is non-transferable, non-sublicensable, and non-exclusive, and allows the Member to access and view the Relevant Content on the Member’s personal device and via a normal web browser (and to make a temporary copy of that Content only to the extent that this is an incidental and technical process forming part of the Member’s accessing the Content (i.e., caching)), according to the Terms-of-Service Agreement.
  5. Content Ownership. The Member participating in the Member/Model Transaction acknowledges that the Relevant Content license provided in section 5 of this agreement does not result in the Member acquiring any rights in or to the Relevant Content, which rights shall be retained by the Model as the creator of the Relevant Content.
  6. License Termination. The license granted to a Member for the Relevant Content will terminate automatically without notice in the following circumstances:
    1. if the Member Payment related to the Member/Model Transaction was unsuccessful or is charged back or reversed for any reason;
    2. with respect to pay-per-view Content, once the Member has finished viewing the Content;
    3. with respect to Subscriptions, at the end of the subscription period, unless the Subscription is configured to automatically renew as described in Section 20.4 of the VIP Experience Terms-of-Service Agreement;
    4. if the Member’s User account is suspended or terminated for any reason;
    5. if the Member acts in breach of the Terms-of-Service Agreement (whether with respect to the Relevant Content or at all);
    6. if the Model removes the Content from the Model’s account; or
    7. if the Member closes their VIP Experience User account.
  1. Cancellation and Refunds. With respect to every Member/Model Transaction:
    1. The Member acknowledges that the Member/Model Transaction will result in a supply of the Relevant Content to the Member before the end of the period of 14 days from the date when the Member/Model Transaction is entered into, and the Member 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 Member/Model Transaction that the Member has under applicable law will therefore be lost.
    2. This agreement does not affect any statutory right to receive a refund from the Model that a Member may have under applicable law.
  1. Model and Member Obligations. With respect to every Member/Model Transaction:
    1. The Member and the Model participating in the Member/Model Transaction shall comply at all times with the VIP Experience Terms-of-Service Agreement with respect to the Relevant Content, including when accessing, viewing, and interacting with it.
    2. The Member participating in the Member/Model Transaction shall make the Member Payment required to access, view, or interact with the Relevant Content, and shall not initiate a chargeback other than if the Member disputes the Member/Model Transaction in good faith.
    3. The Model participating in the Member/Model Transaction shall make the Relevant Content available to the Member once the Member has made the Member Payment applicable to the Relevant Content.
    4. The Model warrants that it possesses all necessary rights in and to the Relevant Content sufficient to license it to the Member in the territory in which the Member will be accessing the Relevant Content and has obtained all permissions and consents needed to grant the license in section 5 of this agreement.
    5. 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.
    6. Unless there has been negligence or other breach of duty by the Model, the Member’s accessing of the Model’s Content is entirely at the Member’s own risk.
  1. No Guarantees. The Member participating in the Member/Model Transaction 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 Member participating in the Member/Model Transaction acknowledges that there may be circumstances where it is not possible for the Member to access Relevant Content to be provided under the Member/Model Transaction, including:
    1. if the Model’s account is suspended or deleted;
    2. if the Member’s account is suspended or deleted;
    3. if the availability of all or any part of the VIP Experience website is suspended or inaccessible; or
    4. if the Model is unable to create or upload Relevant Content in the future.
  1. Governing Law and Dispute Resolution
    1. California law governs all matters arising out of or relating to this agreement without giving effect to any conflicts of law principles. The Member will also be able to rely on mandatory rules of the law of the jurisdiction where the Member resides.
    2. All claims and disputes arising under or relating to this agreement are to be settled by binding arbitration. The arbitration shall be conducted by Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is not available) and the parties shall be bound by all rules of ARS and any award/decision rendered. ARS rules can be found at www.arbresolutions.com. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all decisions. Any such arbitration shall be conducted by an arbitration experienced in e-commerce and shall include a written record of the arbitration hearing. An award of arbitration may be confirmed in a court of competent jurisdiction.
    3. Any disputes not subject to arbitration must be brought in the courts of competent jurisdiction where the Member lives.

Related to

Related articles

Experience Help Center home page