CE Standard Agreement - Step: Your World

Introduction

This Standard Agreement between a Subscriber and a Creator (this “Agreement”) applies to and governs each transaction entered into between a Subscriber and a Creator on Step (hereinafter defined).

Definitions and interpretation

In this Agreement, unless the context otherwise requires, the following words and expressions shall have the following meanings:

“Content” means any photos, videos, audio, data, text, articles, blogs, images, reports, graphics and any other material whatsoever;

“Creator” means a user who has set up a Creator account on Step which permits the Creator to post, upload, submit, publish, display or otherwise make available Content in their Creator’s profile on Step to be viewed by Subscribers;

“Payment Provider” means Stripe or any other authorised independent third-party payment provider approved by Step from time to time;

“Specific Content” means specific Content related to the relevant Subscriber/Creator Transaction;

“Step” means the webpage and mobile application operated by Step Digital London Limited and accessed via https://www.stepyourworld.com or via “Step: Your World” mobile application software;

“Step Digital London Limited” means Step Digital London Limited, a company incorporated and existing under the laws of England and Wales under registration number 12051124;

“Step Acceptable Use Policy” means the Acceptable Use Policy as published on https://www.stepyourworld.com or via “Step: Your World” mobile application software;

“Stripe” means Stripe, Inc, an independent company which offers payment- processing software;

“Subscriber” means a user who subscribes to a Creator by entering into a Subscriber/Creator Transaction allowing the Subscriber to view the Creator’s Content;

“Subscriber/Creator Transaction” means any transaction between a Subscriber and a Creator on Step by which the Subscriber is granted access to view the Creator’s Specific Content, including in any of the following ways: (i) a Subscription to unlock and view a Creator’s profile, and (ii) a Subscription to view and access a Creator’s Unlockable Content;

“Subscriber Payment” means any and all payments made by a Subscriber in respect of any Subscriber/Creator Transaction;

“Subscription” means a subscription by a Subscriber to a Creator’s account;

“Unlockable Content” means any additional subset of contents posted, uploaded, published, displayed or made available to a Creator’s profile from time to time, which can only be accessed by paying an additional charge;

“UK” means the United Kingdom; and

“VAT” means value added tax or other similar tax imposed in the United Kingdom and for any other jurisdiction any other equivalent or similar tax, charge, levy, duty or imposts which may be imposed.

Subscriber/Creator Transactions

The Subscriber and Creator agrees each Subscriber/Creator Transaction entered on Step shall be governed by this Agreement subject to the terms and conditions contained herein. This Agreement creates and shall form a legally binding agreement between the specific Subscriber and Creator involved in the Subscriber/Creator Transaction. For any avoidance of doubt, Step is not a party to any and all Subscriber/Creator Transactions.

Subscription Price and Payment

By entering into a Subscriber/Creator Transaction, the Subscriber agrees to pay the Creator the Subscription Payment applicable to the relevant Subscriber/Creator Transaction in accordance with the pricing plus any VAT (if applicable) as published by the Creator in the Creator’s profile.
The Subscriber and Creator entering into the relevant Subscriber/Creator Transaction agrees and acknowledges that Step, through its Payment Provider, shall act as an intermediary to collect, hold and process the Subscription Payment and any applicable VAT.
The Creator entering into the relevant Subscriber/Creator Transaction agrees and acknowledges that Step, through its Payment Provider, shall have the right to deduct fees (as applicable) due to Step in accordance with the terms of use for Creators.
The Subscriber entering into the relevant Subscriber/Creator Transaction agrees that a chargeback or reverse payment shall not be initiated except for disputes between the Subscriber/Creator Transaction in good faith.

License, Ownership of and Accessing the Creator’s Content

After a Subscriber has made a Subscriber Payment for the relevant Subscriber/Creator Transaction, the Creator grants the Subscriber a non-exclusive and non-transferrable, limited license to view the Specific Content.

The Subscriber involved in the relevant Subscriber/Creator Transaction agrees and acknowledges:

(a) the Specific Content under all Subscriber/Creator Transactions are the exclusive property of the Creator and all legal rights to the Specific Content shall remain with the Creator;

(b) no rights shall be acquired in or to the Specific Content;

(d) to use the Specific Content in accordance with Step Acceptable Use Policy; and

(e) whilst the Specific Content is accessible via Step, the Creator is solely responsible for and has control of the content made available, this content has not been verified, moderated or approved by Step.

The Subscriber and Creator involved in the relevant Subscriber/Creator Transaction agrees and acknowledges the Specific Content may not be assessable if:

(a) all or any part of Step is suspended or inaccessible;

(b) the Creator’s account is suspended or deleted; or

Any licence granted to the Subscriber in relation to relevant Subscriber/Creator Transaction shall be revoked upon the following:

(a) the Creator’s or the Subscriber’s account being suspended, terminated or deleted;

(b) the Subscriber breaches Step’s Acceptable Use Policy;

(d) at the end of the Subscription period paid for and if Subscription is not renewed; or

(e) if the Specific Content is removed or deleted by the Creator.

Obligations and Warranties of the Creator

In respect of the relevant Subscriber/Creator Transaction, the Creator warrants to the Subscriber the following:

(a) to keep their account held with the Payment Provider up to date and comply with the Payment Provider’s requirement in relation to such account, at all times whilst holding a Creator account on Step;

(b) to handle all Subscriber requests for refund(s) through the Payment Provider promptly;

(c) be responsible for and handling refunds through the Payment Provider promptly, for any refund due to the Subscriber for any Subscription period paid for in advance, if the Creator deletes the Specific Content or their account prior to such expiry;

(d) to comply with Step’s Acceptable Use Policy in relation to the Specific Content;

(e) to comply with all applicable laws relating to the Subscriber/Creator Transaction, including but limited, to rights which the Subscriber may have as consumer;

(f) if there are any issue(s) and dispute(s) in relation to the relevant Subscriber/Transaction, the Creator will take responsible care with handling and dealing with the issues and disputes with the relevant Subscriber; and

(g) the Creator owns all intellectual property rights in the Specific Content and have obtained all the necessary rights to grant a limited licence in respect of the Specific Content to the Subscriber in accordance with section 5.1 of this Agreement.

Entire Agreement

This Agreement constitutes the entire agreement between the Subscriber and Creator and

supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

General Provisions

Severance. If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, the remaining provisions hereof shall in no way be affected or impaired thereby.
Language. If this Agreement is translated into any language other than English, the English language text shall prevail.
Variation. No variation of this Agreement will be effective unless made in writing and signed by or on behalf of both the Subscriber and Creator.
Third Party Rights. Unless it expressly states otherwise, this Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
Governing law. This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales.
Jurisdiction. Unless the Subscriber and Creator agrees otherwise, each party submit to the exclusive jurisdiction of the courts of England and Wales in respect of any dispute or claim arising out of or in connection with this Agreement, including any dispute or claim regarding its subject matter, validity, formation or termination (including non-contractual disputes or claims).