SinTree
Standard Contract between Fans and Performers

This Standard Contract between Fan and Performer ("this Agreement") sets out the terms which govern each transaction between a Fan and a Performer (‘the Parties’) on SinTree.

The only parties to this Agreement are the Fan and Performer. SinTree is not a party to this Agreement and SinTree does not grants any rights in respect of, nor participates in, any transaction arising from this Agreement, except that SinTree will act as collection agent for the Performer in respect of payments receivable by the Performer.

Why is this Agreement required?

SinTree provides a social media and webcam platform but does not deliver adult services.  Any such services are the responsibility of Performers entirely and Sin Tree accepts no liability whatsoever in that regard.

When does this Agreement apply? 

Each time a transaction is initiated on SinTree, this Standard Contract will apply, together with any special terms which the Fan or Performer may agree between them, and this Standard Contract between Fan and Performer will legally bind the Parties.

Interpretation 

The terms defined in the relevant User Agreement shall also apply in this Agreement.

Covenant by each Party

The Fan and the Performer respectively agree and warrant to each other to the extent it may be relevant to this Agreement that each will observe and perform all duties, obligations and warranties contained, mentioned or referred to in the relevant User Agreement.

License of Content 

In consideration of Fees due, the Performer grants to the Fan a limited license to access the applicable Material of that Performer. This license is non-transferable, non-sublicensable and non-exclusive, and permits the Fan to access and view the Material on the Fan'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 Fan's accessing the Content (i.e. caching)), purely for the Fan’s own private domestic use and not for any business or commercial purpose, and in accordance with the Acceptable Use Policy.

Ownership of Content

The Fan acknowledges and agrees that the license of the Material referred to above does not result in the Fan acquiring any rights in or to the Material, which rights shall be retained by the Performer.

Transaction

The Fan and the Performer agree to comply at all times with the Acceptable Use Policy in relation to the Material, including when accessing, viewing and interacting with it.

The Fan agrees not to initiate a chargeback other than if the Fan disputes a transaction in good faith.

The Performer warrants (makes a legally enforceable promise) that he or she possesses all necessary rights in and to the Material sufficient to license it to the Fan in the territory in which the Fan will be accessing the Material, and has obtained any and all permissions and consents needed to grant the license in this Agreement.

The Performer provides no guarantees that it will continue to create and upload Material on an ongoing basis.

Unless there has been negligence or other breach of duty by the Performer, the accessing by the Fan of the Material is entirely at the Fan's own risk.

No guarantees

The Fan acknowledges that Performers may add and remove Materials any time from their Performer account, and that Performers have the discretion to decide what sort of Material to make available on their account. In addition, the Fan acknowledges that there may be circumstances where it is not possible for the Fan to access Material, including:

• if the Performer's account is suspended or deleted;

• if the Fan's account is suspended or deleted;

• if the availability of all or any part of the Website is suspended or inaccessible; or

• if the Performer is unable to create or upload Material in the future.

Terms relating to disputes

This Agreement is governed by English law and English law will apply to any claim that arises out of or relates to this agreement. The Fan 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

If this agreement is with a Fan resident in the United Kingdom or the European Union, any claim under this agreement may be brought in the courts of England and Wales or the courts of the country where the Fan lives.

If this agreement is with a Fan resident outside of the United Kingdom or the European Union any claim under this agreement must be brought in the courts of England and Wales, unless the Fan and Performer otherwise agree.