Creator Subscriber Contract
STANDARD CONTRACT FOR SUBSCRIBER AND CREATOR
This Standard Contract between Subscriber and Creator ("this agreement") governs all transactions between Subscribers and Creators on lemon social.
When is this contract applicable? Whenever a Subscriber/Creator Transaction is initiated on lemon social , this Standard Contract between Subscriber and Creator will apply to the exclusion of any other terms that the Subscriber or Creator may propose, and it will legally bind the Subscriber and Creator participating in the Subscriber/Creator Transaction.
Parties: Only the subscriber and creator involved in the subscriber/creator transaction are parties to this agreement. Neither lemon social LLC International Limited nor any of its subsidiary companies is a party to this agreement, and neither lemon social LLC International Limited nor any of its subsidiary companies grants any rights in respect of, nor participates in, any Subscriber/Creator Transaction, with the exception that lemon social LLC International Limited or any of its subsidiary companies may act as a payment intermediary in accordance with the Creator's and subscriber's instructions set forth in section 5 of this agreement.
Within this contract, the following terms have the following meanings:
"lemon social" refers to the website accessible at https://lemon social.com or through any web browser;
"Content" refers to any photos, videos, audio (such as 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 uploaded to lemon social by any user (whether a creator or a subscriber);
"Creator" refers to a user who has configured their lemon social account as a Creator account in order to upload content for other users to watch;
"Subscriber" refers to a user who follows a creator and has access to that creator's stuff.
A user who participates in the lemon social Referral Program is referred to as a "Referring User."
"Subscriber/Creator Transaction" refers to any transaction between a subscriber and a creator on lemon social that grants access to the creator's content, including: I a subscription, (ii) payments made by a subscriber to view a creator's pay-per-view content (pay-per-view media and pay-per-view live stream), and (iii) payments made by a subscriber to use the subscriber interaction function on a
"Subscriber Payment" refers to all payments made by a subscriber in connection with a subscriber/creator transaction and (ii) all tips.
"FIL Fee" refers to the fee levied to creators pursuant to section 5 of the lemon socialTerms of Service for Creators.
"Subscription" refers to the subscription of a subscriber to a creator's account;
"VAT" refers to the value added tax imposed in the United States or Mexico, as well as any other tax imposed in addition to or in substitution for it at the prevailing rate, and any equivalent or comparable governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost, or levy in any other jurisdiction; and
"Tax" refers to all sorts of statutory, government, state, federal, provincial, local government, or municipal charges, fees, imposts, contributions, levies, withholdings, or liabilities, wherever they are payable and in whatever jurisdiction.
Pricing and payment: By entering into a Subscriber/Creator Transaction, the Subscriber agrees to pay the applicable Subscriber Payment in accordance with the pricing indicated in the Creator's account plus any applicable VAT. The Subscriber and Creator involved in the Subscriber/Creator Transaction authorize lemon social LLC International Limited or any of its subsidiaries to collect, hold, and process the Subscriber Payment and any applicable VAT, deduct the FIL Fee, and pay the amounts due to Creators and (if applicable) Referring Users, as described in the lemon social Terms of Service.
After the subscriber has paid for a subscriber/creator transaction, the creator offers the subscriber a limited permission to access the applicable material of that creator for which the subscriber/creator transaction is relevant (the "Relevant Content"). This license is non-transferable, non-sublicensable, and non-exclusive, and it permits the subscriber to access and view the relevant content on the subscriber's personal device and through a standard web browser (and to make a temporary copy of such content only as an incidental and technical process forming part of the subscriber's accessing the content (i.e. caching)), in accordance with the lemon socially Acceptable Use Policy.
The Participating Subscriber in the Subscriber/Creator Transaction acknowledges and agrees that the license of the Relevant Content provided in section 6 of this agreement does not result in the Participating Subscriber acquiring any rights in or to the Relevant Content, which rights shall remain with the Creator of the Relevant Content.
In the following instances, the license provided to a subscriber for the relevant content will expire immediately and without notice:
If for any reason the Subscriber Payment for the Subscriber/Creator Transaction fails, is charged back, or is reversed;
once a subscriber has viewed a pay-per-view video in its entirety,
Unless the subscription is set to auto-renew, as indicated in section 8(h) of the lemon social Terms of Service for Subscribers;
if the user account of the subscriber is suspended or canceled for whatever reason;
If the subscriber breaches the lemon socially Acceptable Use Policy (regarding the applicable content or otherwise);
If the content is deleted from the author's account,
if the subscriber's lemon social User account is closed.
Cancellation and refunds: For each subscriber/creator transaction, the following terms apply:
The Subscriber acknowledges that the Subscriber/Creator Transaction will result in a supply of the relevant content to the Subscriber before the end of the 14-day period beginning on the date the Subscriber/Creator Transaction is entered into, and the Subscriber expressly consents to this and confirms to the Creator that he or she is aware that any statutory right to cancel the Subscriber/Creator Transaction which the Subscriber has under the Consumer Rights Act 2015 is waived.
This agreement does not affect a subscriber's entitlement under the Consumer Rights Act of 2015 or any other applicable law to get a refund from the creator.
Regarding each Creator/Subscriber Transaction:
The Subscriber and the Creator participating in the Subscriber/Creator Transaction agree to comply at all times with the lemon social Acceptable Use Policy when accessing, viewing, or interacting with Relevant Content.
The Subscriber participating in the Subscriber/Creator Transaction agrees to pay the Subscriber Payment necessary to access, view, or engage with the Relevant Content, and agrees not to initiate a chargeback until the Subscriber disputes the Subscriber/Creator Transaction in good faith.
As part of the Subscriber/Creator Transaction, the Creator promises to provide the Subscriber with access to the Relevant Content upon receipt of the Subscriber Payment.
The Creator warrants (makes a legally binding promise) that it possesses all rights in and to the Relevant Content sufficient to license it to the Subscriber in the territory where the Subscriber will be accessing the Relevant Content and has obtained all permissions and consents required to grant the license outlined in Section 6 of this agreement.
Content creation and uploading are the sole responsibility of the Creator. The Creator offers no assurances that it will continue to generate and upload useful content on a continuous basis.
Unless the Creator has committed negligence or another breach of duty, the subscriber's access to the Creator's Content is fully at the subscriber's own risk.
No guarantees: The Subscriber participating in the Subscriber/Creator Transaction agrees that Creators may add and remove Content from their Creator account at any time, and that Creators have the option to choose the type of Content to make available on their account. In addition, the Subscriber engaging in the Subscriber/Creator Transaction recognizes that there may be situations in which access to Relevant Content to be delivered under the Subscriber/Creator Transaction is not available for the Subscriber, such as:
if the account of the creator is suspended or deleted;
if the account of the subscriber is suspended or terminated;
If the availability of all or a portion of the lemon social Website is suspended or made inaccessible, or if lemon social is discontinued, you will be refunded.
if in the future the creator is unable to develop or upload relevant stuff.
Terms applicable to disputes:
This agreement is governed by U.S. law, and U.S. law will apply to any claims arising from or relating to this agreement. The Subscriber might also rely on the mandatory laws of the nation in which he or she resides.
Where claims may be filed:
If this agreement is with a Subscriber residing in the United States, Mexico, or Canada, any claims under this agreement may be made in the courts of the United States, Mexico, or the Subscriber's home country.
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