[stan] Special Terms for Artists
Article 1 Purpose and validity of Terms for Artists
The purpose of the [stan] Special Terms for Artists (the “Terms for Artists”) is to set forth with relations to the services (i.e., all services provided for use by the user through various digital devices or programs, such as PC and multimedia mobile) provided by Stan Inc. (the “Company”) the conditions and procedures for use of the services, rights, obligations, responsibilities, and other matters required between the Company and the contents producers (the “Artist”) that creates and registers posts and/or contents by using the services and receive rewards for such posts and contents.
Article 2 Grant of Artist account
- The Artist shall use the artist account granted by the Company (the “Artist Account”) to log in to the services for use. The Company shall be entitled to request for information, such as personal information, information related to social media owned, and information related to public activities, to review the same and determine whether to grant the Artist Account at its sole discretion.
- When granting the Artist Account, the Company shall be entitled to request the Artist to connect the Artist Account to the Artist’s Instagram account, Twitter account and/or Facebook page. By doing so, the Artist consents to grant the Company permission to access historical account activity, usage data and audience insights.
- The Artist shall not misrepresent the size of the audience, number of followers, and/or level of engagement on the social media. The Artist shall have obtained the followers organically and not through unethical or unsportsmanlike behavior, such as purchasing or fabricating followers, likes or engagement.
- The Artist shall not engage in acts that damages the Company’s honor or credibility, acts that cause damage to the Company through acts that violate any laws, or acts that cause social trouble or damage the dignity of the Company. If the Artist is in breach of the foregoing, the Company may restrict the use of the Artist Account at any time.
Article 3 Content management
- The Artist shall be solely responsible for reviewing and managing all the information related to all the posts, paid contents, or other contents or materials uploaded to the services (the “Contents”).
- The Artist acknowledges and agrees that the Company shall have the rights to review and adjust the Contents uploaded to the services by the Artist, to provide feedback and guidelines to the Artist, and to restrict or withhold upload of the Contents.
- The Artist shall clearly disclose any commercial relationship related to the Contents to which advertising is attached pursuant to the Act on Fair Labeling and Advertising. The Company demands for such disclosure for ordinary users viewing the Contents to clearly understand that there is a commercial relationship between the Artist and a third party. The Company may monitor the public activities of the Artist related to specific Contents and may request for a higher degree of information disclosure for specific posts. If the Artist does not comply with the Company’s request to disclose information related to the commercial relationship, the Company shall be entitled to restrict the viewing of the related Content and the Artist’s use of the services.
Article 4 Intellectual property
- The Artist shall retain all ownership rights, including intellectual property rights, to the Contents the Artist created and registered. However, the Artist and the Company may differently provide for individual Contents by mutual agreement.
- The Artist shall grant the Company and a third party designated by the Company license to edit and reorganize all the Contents posted through the services in the format or version required by the Company.
- In consideration for the Artist rewards paid to the Artist, the Artist shall grant the following rights to the Company for all the Contents posted through the services:
- Royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable, and sub-licensable license to use the Contents without notice to the Artist or any additional compensation payable to the Artist for the purpose of promoting the services
- The right to provide the Content in any media and in any language
- The right to use the Artist’s identity in the Contents and to communicate the Contents to the public in press or promotional activities (including without limitation print, digital and/or social media)
- The Artist acknowledges and agrees that the Company shall be entitled to share and re-post the Artist’s existing Contents in the services notwithstanding the termination of the use agreement of the Artist.
- In respect of the Contents the Artist agreed to upload upon prior approval of the Company, the Artist consents to the Company’s submission of the Artist’s Contents to a third party for approval from other brands and sponsors or to changing, translating, adding to, or adapting the Contents by the Company or a third party designated by the Company.
Article 5 Contents for exclusive pre-release
- The Company may conclude a separate contract with the Artist to specify the obligations to upload the exclusive pre-release video Contents, the minimum number of such uploads, and the upload period. In this case, the Artist shall provide that the Contents are not disclosed or distributed to any other place by any means other than the services within the agreed period from the date of pre-release. If the Artist is in breach of the obligations of this Article 5, the Company shall be entitled to take each of the following measures and the Artist may not object to the same.
- First violation: warning
- Second violation: suspension of payment of the Artist rewards for 6 months
- Third violation: termination of agreement with the Artist
- The Artist must not advertise, promote, or introduce a specific product or service in any form (regardless of direct or indirect method) in the exclusive pre-release video Contents without prior approval from the Company.
- If there is any likelihood that the Artist may not comply with the minimum number of uploads or upload period provided in the Paragraph 1, the Artist shall notify the Company in advance and discuss countermeasures under reasonable terms under the principle of good faith.
Article 6 Artist rewards
- The Company may have other users of the services gift points for the individual contents posted by the Artist on the services.
- The Artist may apply for exchange of the gifted points through which the Artist may receive rewards for posting the Contents (the “Artist Rewards”).
- If the user or the Artist purchases, gifts, or exchanges the points for an illegal or unlawful purpose or by the method contrary to the terms and conditions or the purpose of the services, the Company shall be entitled to cancel the payment approval, or refuse and/or suspend the gift, exchange, or refund, and return and retrieve the points.
- The Company shall pay the Artist Rewards to the account notified by the Artist within 30 days from the date of application for exchange by the Artist unless the payment of the Artist Rewards is otherwise restricted under the terms and conditions. However, if the payment for the points is not completed up to the application for exchange, the payment of the Artist Rewards shall be made within 30 days from the date the payment for the points is completed and the payment is received by the Company from the applicable payment processing company (for example, Google Play and/or Apple App Store).
- The Artist may apply for the exchange once the gifted points are [*] points or more.
- The amount for the exchange per point shall be USD [*]. However, this may be subject to change at the discretion of the Company if required by the state having jurisdiction over the account for the exchange or otherwise the payment of the currency may not be made.
- The Company may change the amount per point for the exchange. In this case, such change shall apply to points gifted following the effective date of the change only.
- The Company may set a certain grade and differently set the amount per point and the rate for the fee for the exchange. The Company may conduct the grade review in accordance with the Company’s internal standards.
- If the Company may be subject to unintended losses, such as the Artist is gifted points from the users based on a promotion, if the region of the purchase of the points or the region of the exchange is different, or if the exchange may be made in the amount greater than the points that have been paid for, the Company may adjust the Artist Rewards in connection thereto at its discretion.
- The Artist shall apply for a social giving program which donates 5% of the reward points received by the Artist. When the Artist applies for an exchange, the Company shall collect 5% of such amount for social giving and donate to an official charity once or more per year. The Artist may select the charity for the donation of the points, and if the Artist does not select the charity, the Company shall designate the charity. The ratio for the social giving may be increased up to the maximum of 100% at the election of the Artist.
Article 7 Relationship between Artist, Company, and third party
- The Artist shall at all times perform the obligations and register posts or Contents to the service as an independent contractor and not in the capacity of an employee, partner, or agent of the Company.
- The Artist acknowledges that the Company makes no guarantees in respect of the success and approval of the posts or Contents.
- The Artist acknowledged that all right, title, and interest in each third party products, services, trademarks, brands, logos and images are and will remain the property of the third party at all times, and the Artist may not copy or use them except to the extent agreed to under the Terms for Artists, general Terms and Conditions, or prior written letter of consent from a third party.