This Contract (agreement) between Follower and Creator out the terms which govern each transaction between a Follower and a Creator on Ching Ching

This agreement applies each time a Follower/Creator Transaction is initiated on the Website, this agreement between Follower and Creator will apply to the exclusion of any other terms which the Follower or Creator may propose, and this agreement between Follower and Creator will legally bind the Follower and Creator participating in the Follower/Creator Transaction.

Parties: The parties to this contract are the Follower and Creator participating in the Follower/Creator Transaction. Ching Ching is not a party to this agreement nor any of its subsidiary companies, and neither Ching Ching nor any of its subsidiary companies grants any rights in respect of, nor participates in, any Follower/Creator Transaction, except that Ching Ching or any of its subsidiary companies may act as a payment intermediary in accordance with the Creator’s and Follower’s instructions set out in article 2 of this Contract.

Article 1. Definitions

1.1        In this Contract, defined terms have the following meanings, either used in plural or singular form:

Website                                          the website accessed via the URL www.chingching.com or via any web browser;

Content                                           any material being livestream material including but not limited to  live video’s, live music, live podcasts and live performances  interactive features, emojis, GIFs, memes, and any other live material whatsoever;

Creator                                           a User who has set up a Ching Ching Account as a Creator account to post Content on Ching Ching to be viewed by other Users.

Follower                                         means a User who follows a Creator and is able to view Creator’s Content and is a natural person over the age of 18.

Follower/Creator Transaction         any transaction between a Follower and a Creator on Ching Ching by which access is granted to the Creator’s Content including in any of the following ways: (i) a Subscription, (ii) payments made by a Follower to view a Creator’s pay-per-view Content (pay-per-view live stream), and (iii) use by the Follower of the fan interaction function on a Creator’s account;

Follower Payment                           means any and all payments made by a Follower to a Creator (i) in connection with a Follower/Creator Transaction, or (ii) by way of a tip for a Creator

Ching Ching Fee                             fee owed by Creator to Ching Ching for the costs of providing, maintaining and operating the Website and storing and streaming Content, being forty per cent (40%) of all Follower Payments made to Creator (exclusive of any VAT element of the Follower Payment). The Ching Ching Fee is deducted from the Follower Payment.

Subscription                                    a Follower’s subscription to a Creator’s account;

VAT                                                 means The Netherlands value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar tax, charge, duty, impost or levy in any other jurisdiction;

Tax                                               shall include all forms of tax and charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the Netherlands or any other jurisdiction.

Article 2: Pricing and payment: 

2.1       By entering into a Follower/Creator Transaction, the Follower agrees to pay the Follower Payment applicable to the relevant Follower/Creator Transaction in accordance with the pricing published in the Creator’s account plus any VAT which is applicable.

2.2       The Follower and Creator participating in the Follower/Creator Transaction authorize [Stripe                ]or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the Follower Payment and any applicable VAT, to deduct the Ching Ching Fee, and to pay out the sums due to Creators, as described in the Terms and Conditions.

Article 3: License of Content 

• Once the Follower has made the Follower Payment for a Follower/Creator Transaction, the Creator grants to the Follower a limited license to access the applicable Content of that Creator to which the Follower/Creator Transaction relates. This license is non-transferable, non-sublicensable and non-exclusive, and permits the Follower to access and view the Content on the Follower’s personal device and via a normal web browser (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 Follower’s accessing the Content (i.e. caching)), in accordance with the Acceptable Use Policy of Ching Ching.
• The Follower participating in the Follower/Creator Transaction acknowledges and agrees that the license of the Content provided in article 3.1. of this agreement does not result in the Follower acquiring any rights in or to the Content, which rights shall be retained by the Creator of the Content.
• The license granted to a Follower in relation to the Content will expire automatically without notice in the following circumstances:

1. if the Follower Payment related to the Follower/Creator Transaction was unsuccessful, or is charged back or reversed for any reason;
2. in respect of pay-per-view Content, once the Follower has completed viewing the Content;
3. in respect of Subscriptions, at the end of the subscription period, unless the Subscription is configured to automatically renew as described in article [ ] Terms of Use for Followers;
4. if the Follower’s User account is suspended or terminated for any reason;
5. if the Follower acts in breach of the Acceptable Use Policy of Ching Ching;
6. if the Content is removed from the Creator’s account;
7. if the Follower closes its User account.

 

Article 4: Cancellation and refunds: 

• In respect of every Follower/Creator Transaction. The Follower acknowledges that the Follower/Creator Transaction will result in a supply of the relevant Content to the Follower before the end of the period of 14 days from the date when the Follower/Creator Transaction is entered into, and the Follower 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 Follower/Creator Transaction which the Follower has under artikel 6:230 o Dutch Civil Code (Burgerlijk Wetboek) or any other applicable law will therefore be lost.
• This agreementdoes not affect any statutory right to receive a refund from the Creator which a Follower may have under the Dutch Civil Code or any other applicable law.

Article 5: Obligations between Creator and Follower: 

5.1.       In respect of every Follower/Creator Transaction:

1. The Follower and the Creator participating in the Follower/Creator Transaction agree to comply at all times with the Acceptable Use Policy in relation to the Content, including when accessing, viewing and interacting with it.
2. The Follower participating in the Follower/Creator Transaction agrees to make the Follower Payment required to access, view or interact with the Content, and agrees not to initiate a chargeback other than if the Follower disputes the Follower/Creator Transaction in good faith.
3. The Creator participating in the Follower/Creator Transaction agrees to make the Content available to the Follower once the Follower has made the Follower Payment applicable to the Content.
4. The Creator warrants that it possesses all necessary rights in and to the Content sufficient to license it to the Follower in the territory in which the Follower will be accessing the Content, and has obtained any and all permissions and consents needed to grant the license in article 3 of this Contract.
5. The Creator is solely responsible for creating and uploading the Content. The Creator provides no guarantees that it will continue to create and upload Content on an ongoing basis.
6. Unless there has been negligence or other breach of duty by the Creator, the accessing by the Follower of the Creator’s Content is entirely at the Follower’s own risk.
   • The Follower participating in the Follower/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. In addition, the Follower participating in the Follower/Creator Transaction acknowledges that there may be circumstances where it is not possible for the Follower to access to Content to be provided under the Follower/Creator Transaction, including:
7. if the Creator’s account is suspended or deleted;
8. if the Follower’s account is suspended or deleted;
9. if the availability of all or any part of Website is suspended or inaccessible; or
10. if the Creator is unable to create or upload Content in the future.

Article 6: Applicable law and disputes

• This agreement is governed by the laws of the Netherlands and this waw will apply to any claim that arises out of or relates to this agreement. The Follower will also be able to rely on mandatory rules of the law of the country where he or she lives.
• Where claims can be brought:

1. If this agreement is with a Follower resident in the Netherlands or the European Union, any claim under this agreement may be brought in the courts of the Netherlands or the courts of the country where the Follower lives.
2. If this agreement is with a Follower resident outside of the Netherlands or the European Union any claim under this agreement must be brought in the courts of the Netherlands unless the Follower and Creator otherwise agree.

Version July 2023