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Payment Addendum

Payment Addendum

Last Updated: August 20, 2014

 

This Payment Addendum is a part of SHINSHURI’s Terms of Service and covers payments that you make to SHINSHURI (except for SHINSHURI PRO or Plus subscriptions) and payments that SHINSHURI may make to you.

1. Payments Made By You

You may make payments to SHINSHURI for transactions and services that SHINSHURI offers, including Music Store purchases, Tip Jar tips, and SHINSHURI on Demand video rentals and downloads. All payments are final and non-refundable. However, SHINSHURI may, in its sole discretion, authorize refunds if it determines that the circumstances warrant a refund.

2. Payments Made To You

SHINSHURI will pay you for transactions in which you are entitled to receive amounts within thirty (30) days of the end of each month in which a transaction occurred or based on the terms of the agreement for the service plan purchased. SHINSHURI will make all payments to your PayPal account. To be eligible to receive payments, you must:

  • Be a SHINSHURI Personal, Business Development, or Business Philanthropy subscriber.
  • Comply with all terms of SHINSHURI’s Terms of Service including this Payment Addendum.
  • Be eligible to participate in a SHINSHURI program in which SHINSHURI pays users.
  • Have a valid PayPal account.

3. SHINSHURI On Demand

  • Overview. You may view and distribute videos through the SHINSHURI on Demand (“VOD”) service as set forth below.
  • Watching VOD videos. You may “rent” (i.e., stream for a period of time, pay per view) or “buy” (i.e., download) certain videos made available for VOD distribution. The following terms apply to such transactions:
  • Limited License. After paying the fee displayed at the time of your transaction, you have the right to (a) stream rented VOD videos for your personal viewing during the time period displayed at the time of your transaction; and/or (b) download VOD videos you’ve bought for your own personal viewing.
  • Limitations. If a VOD distributor ceases to make a video available through VOD or if a video becomes unavailable for legal reasons, SHINSHURI may, without penalty, eliminate or reduce the amount of time you have to stream or download the video, notwithstanding the terms displayed at the time of your purchase.
  • Restrictions. You may not: (a) copy or redistribute any VOD video through any means; (b) publicly exhibit any VOD video; or (c) resell views of any VOD video or allow others to log into your SHINSHURI account for the purpose of watching a VOD video that you have rented.
  • Distributing VOD videos. If you wish to distribute a video through VOD, the following terms apply:
    • You must be a Personal Leadership, Business Development, or Business Philanthropy subscriber.
    • You must choose the following terms for each such video: (a) the price you wish to charge viewers who rent or buy the video; (b) whether you wish to offer a rent and/or buy option; (c) the rental period if applicable; and (d) the territory where the video may be distributed.
    • You hereby grant SHINSHURI the right and license to reproduce, distribute, transmit, sublicense (to end users for their personal viewing), make derivative works from (to transcode and stream video files), publicly perform and exhibit, and otherwise exploit and promote the video through VOD in accordance with your choices.
    • The above licenses will continue so long as you offer a video for VOD distribution. If you remove a video from VOD distribution, (a) SHINSHURI will cease offering the video for VOD distribution; and (b) SHINSHURI may continue to make the video available to those users who previously rented or purchased pursuant to your prior VOD choices.
  • Service Fee. SHINSHURI will retain 10% of Net Revenue as a service fee. “Transactional costs” are amounts paid by SHINSHURI to third parties to facilitate a transaction and may include, without limitation, payment processing fees, foreign exchange fees, and platform fees (e.g., for transactions occurring through online third party stores or systems). “Net Revenue” means gross revenue actually received from end users less transactional costs, charge backs, and refunds. SHINSHURI will pay your share (90%) of Net Revenue to you after deducting its service fee. If for any reason a VOD video cannot be viewed or downloaded (if offered) for the full rental period purchased by an end user, you will not be entitled to any revenue from such purchases. SHINSHURI shall be entitled to make deductions in any future payments of revenue.

4. Violations

If you violate any of the terms of SHINSHURI’s Terms of Service, including this Payment Addendum, you will forfeit the right to receive any payment hereunder and must repay to SHINSHURI any amounts you have received. SHINSHURI may, in its discretion, suspend, limit, or disable any user’s participation in Tip Jar or VOD at any time.

5. General

You agree and acknowledge that you and SHINSHURI are independent contractors and not partners, joint venturers, or fiduciaries of one another. If you have a negotiated agreement with SHINSHURI concerning your use of Tip Jar or the VOD service, the negotiated agreement governs and supersedes any inconsistent term in this Payment Addendum.

@2014-2018 SHINSHURI Foundation. All Rights Reserved.