This Standard Agreement (this “Agreement”) sets out the terms that govern each transaction between a Member and a Creator on Experience (www.vipexperienc.com). It applies automatically each time a Member/Creator Transaction is initiated.
1. Definitions
Content. Any material uploaded to Experience by any User (Creator or Member), including photos, video, audio, livestreams, data, text, metadata, images, interactive features, emojis, GIFs, memes, and similar material.
Member. A User who follows a Creator and can view the Creator’s Content.
Creator. A User who has set up a Creator account to post Content for other Users to view.
Member/Creator Transaction. Any transaction granting a Member access to a Creator’s Content, including: (a) a Subscription; (b) pay-per-view or pay-per-clip Content; (c) use of the interaction function on a Creator’s account; and (d) any other paid feature now or later available.
Member Payment. All payments a Member makes for any Member/Creator Transaction, plus all tips.
Service Fee. The fee the Company (RRJ Media Holdings LLC) charges Creators under the Creator Agreement.
Subscription. A Member’s subscription to a Creator’s account.
Relevant Content. The Content to which a particular Member/Creator Transaction relates (see Section 5).
Tax / User / Experience. “Tax” includes all forms of tax and governmental charges wherever chargeable; “User” means any user of Experience (Creator, Member, or both); “Experience” means www.vipexperienc.com.
2. Applicability and Parties
Each time a Member/Creator Transaction is initiated, this Agreement applies to the exclusion of any other terms a Member or Creator may propose and legally bind the participating Member and Creator. The only parties to this Agreement are the Member and the Creator. RRJ Media Holdings LLC is not a party and grants no rights in, and does not participate in, any Member/Creator Transaction, except acting as a payment intermediary under Section 3.
3. Pricing and Payment
By entering a Member/Creator Transaction, the Member agrees to pay the applicable Member Payment as published on the Creator’s account, plus any applicable Tax. The Member and Creator authorize RRJ Media Holdings LLC (or its subsidiaries) to act as payment intermediary — to collect, hold, and process the Member Payment and any Tax, deduct the Service Fee, and pay the amounts due to the Creator — as described in the Creator Agreement.
4. Content License
Once the Member has made the Member Payment, the Creator grants the Member a limited, non-transferable, non-sublicensable, non-exclusive license to access and view the Relevant Content on the Member’s personal device through a normal web browser (including incidental, technical caching), in accordance with the Terms of Service.
5. Content Ownership
The license in Section 4 does not transfer any rights in the Relevant Content to the Member. The Creator, as creator of the Relevant Content, retains all such rights.
6. License Termination
The Member’s license to Relevant Content terminates automatically, without notice, if:
- The Member Payment is unsuccessful, charged back, or reversed;
- For pay-per-view Content, once the Member has finished viewing it;
- For Subscriptions, at the end of the subscription period, unless set to auto-renew under the Terms of Service;
- The Member’s account is suspended or terminated;
- The Member breaches the Terms of Service;
- The Creator removes the Content; or
- The Member closes their account.
7. Cancellation and Refunds
The Member acknowledges that the Relevant Content will be supplied before the end of the 14-day period from the date of the transaction, and expressly consents to this and confirms awareness that any statutory right to cancel under applicable law will therefore be lost. This Agreement does not affect any statutory right to a refund from the Creator that the Member may have under applicable law.
8. Member and Creator Obligations
- Both parties must comply at all times with the Terms of Service with respect to the Relevant Content;
- The Member must make the required Member Payment and must not initiate a chargeback except where disputing the transaction in good faith;
- The Creator must make the Relevant Content available once the Member has paid;
- The Creator warrants it holds all rights and consents necessary to license the Relevant Content to the Member in the Member’s territory;
- The Creator is solely responsible for creating and uploading Content and gives no guarantee of ongoing creation; and
- Unless the Creator has been negligent or in breach of duty, the Member accesses Content at the Member’s own risk.
9. No Guarantees of Availability
Creators may add or remove Content at any time and decide what to make available. The Member acknowledges there may be circumstances in which Relevant Content cannot be accessed, including if the Creator’s or Member’s account is suspended or deleted, if the Platform is unavailable, or if the Creator cannot create or upload Content.
10. Governing Law and Dispute Resolution
California law governs all matters arising out of or relating to this Agreement, without regard to conflict-of-laws principles; the Member may also rely on the mandatory laws of the Member’s place of residence. All claims and disputes will be settled by binding arbitration conducted by Arbitration Resolution Services, Inc. (ARS) (or a comparable provider if ARS is unavailable) under its rules at www.arbresolutions.com, with a written, reasoned award by an arbitrator experienced in e-commerce; judgment on the award may be entered in any court of competent jurisdiction. Any disputes not subject to arbitration must be brought in the courts of competent jurisdiction where the Member lives.