(hereinafter referred to as “Agreement”)
The Agreement governs the relationship between: Family Train Inc., with registered address at First Floor, Mandar House, Johnson's Ghut, P. O. Box 3257, Road Town, Tortola, British Virgin Islands (hereinafter referred to as the "Company") and the Streamer and/or the Broadcaster Company (hereinafter referred to as "Creator", "me", "you" or "I").
By filling in and submitting the sign-up form and by clicking on the Create an account button, the Creator gives her/his/its consent to, and notably express consent to the clauses regarding Declarations (Clause 6) and Personal Data (Clause 7), and accepts the following Agreement.
IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS THEN YOU MUST NOT ACCESS OR USE THE COMPANY'S SERVICES.
Company's Services: Website(s), app(s) or web service(s) owned, operated, or controlled by the Company.
"Creator", "me", "you", "I": Either Streamer, Broadcaster Company, or both of them, as the case may be.
"Streamer": A person providing entertainment Services for the Company and who created an Account of the Streamer.
"Broadcaster Company": A person (legal or natural) registered an Account, and who is providing entertainment Services on its own or while contracting with Streamers.
"Account": A registration account for the Streamer and/or for the Broadcaster Company.
"Services": Services rendered by the Creator on the Websites and, as the case may be, the transmission and distribution of such content to the public through a satellite or cable network (i.e., broadcasting). Such services namely comprise entertainment Services, more precisely performing live stream shows, chat in front of cameras and uploading original content for the entertainment of Users all over the world, who have selected the Creator according to live streams, images, offline (teaser) and paid videos, and within the form of online live streaming video shows, broadcasting and chat sessions usually sold on a pay-per-view basis.
"Websites": Different websites, including any other website which might be operated by the Company.
"Users": Persons visiting and/or registering and/or buying the Services on the Websites or receiving any of its content via any media available now or created in the future (also referred to as “members” or “end users” from time to time).
Natural or legal Creators are acting under this Agreement as providers of professional Services in the frame of their business/professional activities when rendering their Services (not consumers).
2.1. Clause 2 is applicable only to Creators registered under a Streamer Account.
2.2. By means of the present Agreement, I expressly mark my interest to render Services as a Creator on the Websites promoted by the Company and its affiliates, which currently manages a business that markets products/services to consumers (B2C), which may include but is not limited to interactive live streaming video chat site and broadcasting, according to the terms of this Agreement.
2.3. The Creator undertakes not to provide any illegal, harmful, obscene, hateful, racial, ethnic or any other objectionable content (such as defamatory, abusive, threatening, racially offensive, etc.) while rendering the Services under this Agreement.
2.4. In order to improve the efficiency of the above-mentioned Services, I am authorised to use the Support provided by the Company and/or its Services providers, whenever deemed convenient.
2.5. I hereby certify that I work independently and that the Company does not possess any power of direction, subordination, or other kind of authority over me. Consequently, the present Agreement does not determine my place or schedule for rendering the Services. The Company does not tell me what my lawful content or my Services will be, since I am fully aware, as a Creator, that I must provide reliable and efficient Services in full compliance with the applicable legislation and object of the present Agreement.
2.6. I hereby certify that I have read and understood the terms and conditions of the Websites that are applicable for Users of the Websites and I am aware of the level of quality and obligations that are implied in such terms and conditions. In the case of any questions to this regard, I can contact the Company according to the contact details provided in this Agreement.
2.7. Creators may render Services in one or more of the topics available on the Websites, which are subject to change without prior notice from the Company, with respect to standard requirements related to the Websites environment and consumer experience intended by the Company.
2.8. The Services will be rendered by me with total autonomy and technical independence. Therefore, I am completely responsible and liable for my own actions, videos, audio, chat, dialogue, instructional videos, and advice, as a consenting responsible adult, and all decisions related to the content of my actions as a Creator are made at my own discretion.
2.9. Notwithstanding the above, I am acting under this Agreement as a professional when rendering the Services. Nevertheless it is not intended that the Services rendered by me are to be viewed as being certified by public authorities or by any necessary accreditations, it being my responsibility to keep the end users duly aware of that fact. I understand that I am not in any way an employee of the Company and/or of any other entity related to the Company.
2.10. I hereby declare that under this Agreement I will only render high quality Services, I will not knowingly provide any wrongful or misleading information to the User of the Websites and represent that I will be acting honestly and professionally at all times.
3. Broadcaster Company
3.1. Clause 3 is only applicable to Creators registered under a Broadcaster Company Account.
3.2. The Broadcaster Company enters into this Agreement with the intent to provide Services to the Company. For this purpose, the Broadcaster Company may contract with streamers. It is not our responsibility to limit the scope of liability for third parties, especially given the content of the next two paragraphs.
3.3. The Broadcaster Company understands and agrees that the Services to be rendered by Streamers under the terms and conditions of the contract concluded between the Broadcaster Company and Streamers are of entertainment nature, namely, to perform live stream shows and chat through the Broadcaster Company’s equipment for the entertainment of Users all over the world, who have selected such Streamers according to live streams, images, offline (teaser) and paid videos or receiving the broadcast.
3.4. The Broadcaster Company understands and agrees that it is its responsibility to determine the terms and conditions of the Streamer Contract, which the Broadcaster Company will autonomously and independently determine without any influence from the Company, provided that such Streamer Contract does not result in the violation of the Broadcaster Company's obligations under the present Agreement and while procuring that Streamers must obey the rules that would be substantially similar to those of Clause 3 in this Agreement. Accordingly, Streamers will not be in a contractual or other relationship of any nature with the Company. The Broadcaster Company agrees that it will remain solely and completely responsible and liable for all the content, actions, shows, videos, chat, dialogue, and any other Streamers Services rendered under the Streamer Contract.
3.5. In order to improve the efficiency of the Streamers Services, I, as a Broadcaster Company, am authorised to use the Support provided by the Company and its affiliates, whenever deemed convenient.
3.6. I, as a Broadcaster Company, hereby certify that I work independently and that the Company does not possess any power of direction, subordination, or other kind of authority over me. Consequently, this Agreement does not determine the place or schedule for Streamers to render the Streamers Services, which are determined in the Streamers Contract. The Company does not tell me what my lawful content or the Streamers Services will be, since I am fully aware, as a Broadcaster Company, that I am responsible for Streamers to render reliable and efficient services in full compliance with the applicable legislation and intended purpose of the Streamers Contract.
3.7. I, as a Broadcaster Company, hereby certify that I have read and understood the terms and conditions of the Websites that are applicable to Users of the Websites and I am aware of the level of quality and obligations that are provided in such terms and conditions. In the case of any questions to this regard, I can contact the Company according to the contact details provided in this Agreement. In respect of this, I hereby certify that I am liable for Streamers, in compliance with their obligations under the Streamers Contract, to render the Streamers Services according to the level of quality and obligations that are provided in the terms and conditions of the Websites that are applicable to Users of the Websites.
3.8. Broadcaster Company is acting under this Agreement as a professional in the frame of the exercise of my business activities (as opposed to consumers) when rendering the Services and thus will be solely responsible for paying all applicable taxes. As a general rule, the Broadcaster Company is required to provide invoices for all the Services rendered to the Company. Such invoices will comply with all applicable state and federal laws, as the case may be. In case the Broadcaster Company cannot provide an invoice to the Company, the latter may generate a self-invoice. By acceptance of these terms and conditions, the Broadcaster Company agrees to the Company operating a self-invoicing system, if needed, and accepts each self-invoice issued by the Company in respect of the Services provided by the Broadcaster Company. It is not intended that the Broadcaster Company is to be viewed as being certified by public authorities or by any necessary accreditation, it being the Broadcaster Company's responsibility to keep the end users duly aware of that fact. As a Broadcaster Company, I understand that I am not and that Streamers are not in any way employees of the Company and/or of any other entity related to the Company.
3.9. I hereby commit, as a Broadcaster Company, that under the Streamers Contract, the Streamer will render the Streamers Services with high quality, will not knowingly provide any wrongful or misleading information to the User of the Websites, and that the Streamers will be acting honestly and professionally at all times.
3.10. The Broadcaster Company further commits to guaranteeing that Streamers respect the requirements applicable to the Broadcaster Companies as well as the requirements for Streamers as provided in Clause 2 above.
This Agreement will be immediately effective on the date that the Creator fills in and submits the sign-up form and clicking on the Create an account button, and will remain in full force and effect until duly terminated by either party in full compliance with the terms and conditions expressly set forth in this Agreement.
5.1. I acknowledge that the amount to be paid for the Services rendered, within the scope of this Agreement, will be published on my registration Account. The Creator's registration Account shows all the information related to the Creator's income from the Services rendered, settlements with the Company, statistics and other relevant information.
5.2. I understand and accept that the amounts to be paid by the Company to me will correspond to a certain percentage (varying according to the type of Services) of the chosen charge option (i.e., certain percentage of the price paid by the Users of the Websites to the Company) as described above which percentage and charge options will be published on my registration Account and/or my sales page (which I can consult before rendering any Services). I understand and accept that my compensation will be limited to the aforementioned payment and that no royalty will be due to me for any original content uploaded by me to the Websites or for any content of me which is broadcasted. I fully understand and acknowledge that the Users of the Websites are exclusively the customers of the Company.
5.4. I acknowledge that payments to be paid for the Services rendered may be proportionally and adequately reduced in case of Streamers' unlawful conduct, namely, in violation of this Agreement and/or applicable legislation and/or in case the fines were imposed on Streamer stated in the Clause 10 of this Agreement.
5.5. The prices payable by Users and which also constitute the base for calculating amounts earned by me as described above are subject to change from time to time at Company's sole discretion and without prior notification to me. In case of substantial change in the price charged to Users, I will have the option to terminate this Agreement when such material changes occur; otherwise continuing to provide Services through the Websites will be considered implicit acceptance of such changes.
5.6. Credit card fraud is a crime, and the Company will do everything in its power to help local and international authorities to trace people committing such felonies. The Company will not pay any fees in case of fraudulent purchases. The purchases must originate from the owner of the credit card or have permission from the owner for using their credit card. The Company’s team does everything in its power to minimise the percentage of fraudulent purchases. If you know of anyone committing such activities please notify us, so that you can help us protect our Websites.
6.1. I hereby certify that I am, and as the case may be, that Streamers under my Account as well as any person appearing in camera area or pictures, are at least 18 years of age (or 21 when so required by local law), or age of majority in my/their legal jurisdiction (whichever is greater). By filling in and submitting the sign-up form and by clicking on the Create an account button, I certify that I or the Streamers, as the case may be, reached the age of majority and that I will not provide the Company with false identification (including my or Streamers' name, address and/or date of birth).
6.2. I am fully aware and accept that the Company will not be considered responsible, either jointly or severally, for any content, information, communication, opinion, expression, and/or action of any kind whatsoever which originate from the Users and/or Streamers of the Websites or from any other person or third party to this Agreement.
6.3. I certify that all decisions related to the rendering of Services are made at my, or as the case may be, at Streamers' own discretion, that such Services do not violate the local community standard of 'obscenity' in my area, nor do they violate any other laws. I am completely responsible for my own actions as a consenting adult and, as the case may be, for any actions of Streamers. I also certify that I am, and as the case may be, that Streamers under my Account are also aware of my/their criminal liability and therefore, I/they will act, under all circumstances, in accordance with my local community standard of morality and applicable laws. Moreover, I certify that I am not under the influence of drugs or alcohol, and that I am, and as the case may be, Streamers are, rendering the Services in the video/film and appearance(s) at my/their own free will.
6.4. I will indemnify and hold the Company harmless from all liabilities related to the Services rendered in the framework of this Agreement. I hereby discharge all persons related to the Company of any past, present, or future liabilities in connection with this Agreement.
6.5. I further represent that I have fully read and agree with the contents of this Agreement prior to its execution. I have not been induced or forced by the Company, its agents, employees, nor anyone acting on their behalf to sign this Agreement. As I accept the terms of this Agreement, I certify that the foregoing representations are true and accurate. I also certify, as a Creator, or as a Broadcaster Company, as the case may be, that I or Streamers will not provide any defamatory, abusive, threatening, racially offensive, or illegal material, and have no intention to support immoral interests. I understand that if the Company suspects that I, or as the case may be, Streamers have provided forbidden content, my Account(s) will be frozen immediately for further investigation and it may result in permanent termination of my Account(s), and in the cancellation and forfeiture of all payments from the Company.
6.6. I also certify that I will not force anyone to render Services on Websites promoted by the Company and that all Streamers under my Account, as the case may be, are providing Streamers Services through the Websites by their own free will. I will not solicit or take part in anything related to escort services or prostitution. By filling in and submitting the sign-up form and by clicking on the Create an account button, I declare that all my Accounts eventually created or which will eventually be created in the future under my Account will be provided with true and accurate legal documents.
6.7. I further declare that I understand that any physical contact or exchange of contact details with Users of the Websites or contacting them in any other way is prohibited. Any breach of this obligation will immediately result in termination of this Agreement. I am aware that the Company may contact any competent authorities, including the state prosecutor, in order to initiate any criminal or administrative proceedings.
6.8. I hereby acknowledge that the Company has the right to, immediately and unilaterally, terminate this Agreement and any Accounts upon the slightest suspicion of forgery or inappropriate conduct.
6.9. I also acknowledge the right for the Company and/or any other entity indicated by it, to be fully indemnified for all damages caused by my unlawful conduct or breach of his Agreement.
6.10. As a Broadcaster Company, I declare that I will be responsible for Streamers' behaviour and Services rendered and I will ensure that Streamers accept and respect all the above mentioned declarations and all obligations applicable for Creator under this Agreement.
7. Personal Data
7.1. As a Creator, I hereby allow/will be responsible for ensuring that Streamers will allow under the Streamer Contract all my/their personal data and/or the contents published on the Websites to be inspected by the Company and any entities appointed by the latter, randomly, resorting to any existing means for such effect. Notwithstanding, I am aware that it is not a duty of the Company to proceed with such inspection, and the Company and said entities will not be considered responsible, either jointly or severally, in case of my/their unlawful conduct or provision of false information to the Company.
7.2. I, as a Creator hereby expressly authorise/will be responsible for ensuring that Streamers expressly authorise under the Streamer Contract the Company, during the execution of this Agreement and, following termination of this Agreement, during the period necessary for the Company to comply with legal requirements, to collect and process Streamers' personal data that are provided to the Company under this Agreement, as well as technical data related to my/their connections to the Websites, in accordance with applicable laws, and more precisely with applicable data protection regulation.
7.3. I, as a Creator agree and authorise/will be responsible for ensuring that the Streamers agree and authorise under the Streamer Contract the Company and/or any other entity appointed by it, to obtain and store information automatically from Streamers' computer used to connect to the Websites (including cookies).
7.4. I, as a Creator, hereby agree/will be responsible for ensuring that the Streamers agree and allow the Company to collect, process, and communicate to its processors and its group companies, including the processors that are deemed to ensure an adequate level of protection, the following types of personal data/information (including sensitive personal data as referred in the applicable data protection regulation):
- Information that Streamers voluntarily provide to the Company/Broadcaster Company, such as names, e-mail address, address, date of birth, and other miscellaneous account information submitted through the Creator registration form;
- Software and hardware attributes, along with any other data that can be gained from the general Internet environment, such as browser type, IP address, etc.;
- Private communications, such as telephone conversations, chat logs, faxes, and letters to the Company's staff. The Company keeps chat logs for a limited period of time.
7.5. The Company will use Streamers' personal data for mainly general purposes, such as accounting and management of suppliers, contacting Streamers, customising the environment of the Websites and for promotional marketing purposes, to the extent allowed by law.
7.6. I have been duly informed, and as a Broadcaster Company I will be responsible for duly informing Streamers, that the Company grants full cooperation to legal authorities and responds to court orders. I have also been duly informed, and as a Broadcaster Company I will be responsible for duly informing Streamers, that the Company keeps the data collected on an electronic level, being used for the purpose of this Agreement, for the performance of the Streamers Services and carrying out public interests.
7.7. Moreover, I have been informed, and as a Broadcaster Company I will be responsible for duly informing Streamers, that the Company takes serious security measures to grant maximum protection to all data against unauthorised access, modification, disclosure, or deletion. Besides using its own security software and mechanisms, the Company also incorporates the most advanced security technologies available in order to ensure maximum safety.
7.8. I agree and I accept, and as a Broadcaster Company I will be responsible for ensuring that Streamers agree and accept, that the Company stores information regarding the computer which logs into the account of the Websites (e.g.: IP address, browser type, used password).
7.9. The Company has assured me that its employees are bound by confidentiality obligations and that only authorised personnel will be granted access to Streamers' personal data processed by the Company.
7.10. I understand that I may obtain a copy of any of my personal information that the Company processes and ask for rectification of any incorrect personal data, upon written request to the contact provided in this Agreement and indication of the email address to which the information must be sent. If I come to oppose the processing of my personal data by the Company, I am entitled to terminate this Agreement at any time in compliance with its provisions.
7.11. I hereby declare that I hereby indemnify and hold the Company harmless in case I exercise the right of information foreseen above if my personal data is lost or subject to unauthorised access.
7.12. I, as a Broadcaster Company, will be responsible and liable for informing the Streamers that they may obtain a copy of any of their personal information that the Company processes and ask for rectification of any incorrect personal data, upon written request to the contact provided by the Broadcaster Company under the Streamer Contract and indication of the email address to which the information must be sent. In case of such a request by a Streamer, the Broadcaster Company will immediately inform the Company in writing to the contact provided in this Agreement. The Broadcaster Company will be responsible and liable for informing Streamers that if they come to oppose the processing of their personal data by the Company, they are entitled to terminate the Streamers Contract at any time in compliance with its provisions.
7.13. I, as a Broadcaster Company, will be responsible and liable for informing Streamers under their Streamer Contract that they agree to hold the Company harmless in case Streamers exercise their right of information, access, and/or opposition foreseen above, and in case their personal data is lost or subject to unauthorised access.
7.14. I, as a Broadcaster Company, will be responsible and liable for indemnifying, paying the costs of defense and holding the Company, its officers, directors, affiliates, attorneys, shareholders, managers, members, agents and employees harmless from any and all claims, losses, liabilities or expenses (including reasonable attorneys' fees) brought by third parties arising out of or related to the processing of Streamers' personal data by the Company.
7.15. In any event, the Broadcaster Company undertakes to receive all necessary consents from Streamers and to ensure that all the rights of Streamers in respect of their personal data described above are respected.
8. Rights to the image and author right
8.1. I expressly authorise, and as the case may be, I am responsible and liable for ensuring that Streamers expressly authorise under the Streamer Contract, the Company to monitor, record, and log all Streamer online activities (including chat, video, e-mail, etc.) on the Websites.
8.2. I acknowledge and agree, and as the case may be, that I am responsible and liable to ensure that Streamers to expressly authorise under the Streamer Contract, that any material recorded or any original work published on the Websites (and all rights therein, including, without limitation, author rights to such recordings, works and materials) belong to and will be the sole and exclusive property of the Company.
8.3. I hereby expressly assign, and transfer (including the rights of Streamers that have been transferred to me by the latter) without any additional compensation, except for fees that I receive for the Services rendered under this Agreement definitively, irrevocably, and exclusively to the Company, who hereby accepts, any and all existing and future author rights, trademarks, service marks, trade secrets and all other intellectual proprietary rights, or any portion thereof, of every kind and character, for the period of the validity of such intellectual property rights including any eventual renewals and extensions, throughout the world, related to the results, content, and proceeds of Streamers appearance (including all such appearances made to date) on the Websites and/or any other entity indicated by it, as well as any and all shows, videos, audio, chat, dialogue, acts, pictures or other uploaded original content and any and all contents which are part of the Streamers Services rendered and specially commissioned as part of an audiovisual work - including all renewals, and extensions of any and all intellectual property rights in case they are considered as such by governing authority or court of law. In this last case, the Company will be deemed, for all purposes, to be the holder of the rights thereof.
Either party may terminate this Agreement, at any time, for any or no reason, upon prior and express notice given in writing (including via email) to the other party with a minimum antecedence of five business days. The Company may terminate this Agreement immediately in the case of serious violation of its terms by the counterparty, without prior notice.
If any term or provision of this Agreement will be held invalid or unenforceable to any extent under any applicable law by court of competent jurisdiction, the remainder of this Agreement will not be affected thereby, and each remaining term and provision of this Agreement will be valid and enforceable to the fullest extent permitted by law.
11. Applicable law and jurisdiction
15.1. The parties will irrevocably submit to the exclusive jurisdiction of the courts of the British Virgin Islands, for the purposes of hearing and determining any dispute arising out of this Agreement.
15.2. This Agreement and all matters arising from it and any dispute resolutions referred to above will be governed by and construed in accordance with the laws of British Virgin Islands notwithstanding conflict of law provisions and other mandatory legal provisions.
Any notice, recommendation, or advice by each party to the other hereunder will be provided to the following email [email protected]
I have carefully read the terms of this Agreement and have indicated my consent and express consent to the clause regarding Declarations (Clause 6) and Personal Data (Clause 7) by filling in and submitting the sign-up form and by clicking on the Create an account button.