Standard Contract between Junky and Creator

  1. This contract between Junky and Creator sets out the terms which govern each transaction between Junky and Creator on the stockjunkies platform. 
  2. If any part of this agreement is in conflict with statutory law or any other binding laws and that part is therefor terminated, the rest of the agreement remains active and legally binding. 
  3. Interpretation:
    1. With “stockjunkies” we mean our website, and all our subdomains.
    2. With “Content” we mean any uploaded material to the stockjunkies website(whether a creator or junky), including any photo’s, logo’s, banners, video’s, livestream material, data, text, metadata, images, memes and other material whatsoever;
    3. “creator” means user who created a channel on our platform to create content for junkies;
    4. “Junky” or “Junkies” means a user who is subscribed to a creator channel; 
    5. “Channel” is a place on the website where creators place content;
    6. “Junky payment” means any and all payments made by a junkie to a creator; 
    7. “Junky/ Creator transaction” means any transaction between Junky and Creator on stockjunkies. For this transaction a Creator gives the paying Junky access to the Creators content and livestreams. 
    8. “Junk Fee” which is the fee mentioned in article 6 of the Terms of Use for Creators.
    9. Subscription” means a junkies monthly subscription to a creator’s account;
    10. “VAT” means Dutch 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 governmental state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction,
    11. Tax” shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the Netherlands or any other jurisdiction.
  4. Each time a Junky Payment(transaction) is made on the stockjunkies platform, this contract between Junky and Creator will apply. This standard contract between Junky and Creator is legally binding and will bind both mentioned parties in participation in each transaction. 
  5. The only participating parties to the standard contract are the Junky and Creator. Stockjunkies is not a party to this agreement, except for acting as a payment intermediary whenever a transaction between Junky and Creator occurs. 
  6. By entering into a Junky/Creator transaction the Junky agrees to pay the Junky Payment the relevant Creator has set plus any applicable VAT. The Junky and Creator who entered into a Junky/Creator transaction empower stockjunkies or its subsidiary to act as a payment intermediary by holding, processing, deducting the Junk Fee, handling applicable VAT of the Junky Payment and the pay out to Creators. 
  7. After the Junky Payment is received by stockjunkies, the Creator shall extend a license to the Junky to view their content for the period of time chosen and paid for by the Junky. This license is non-transferable, non-sublicensable and non-exclusive. The license permits the Junky access to view the content of the Creator. It does not give the Junky right to copy or redistribute the content. Both parties shall act in accordance with the stockjunkies Acceptable Use Policy.
  8. The Junky who entered the Junky/ Creator transaction acknowledges and agrees that the extended license mentioned in article 6 does give the Junky any rights in or to the content of the Creator. The Creator is the solely owner of the rights of the content and  shall only extend a license to view it. 
  9. In the following cases the license expires:
    1. If the Junky Payment was unsuccessful, or is charged back, bounced, reversed, or any other reason;
    2. At the end of the subscription period if the subscription is not renewed by cancellation;
    3. If your Junky account is suspended or terminated for any reason;
    4. If you breach the Acceptable Use Policy and stockjunkies decides that your account is either suspended or terminated;
    5. If the content is deleted or removed from the Creators channel;
    6. If a Junky closes their stockjunkies account.
  10. Junkies agree that in every Junky/Creator transaction:
    1. They acknowledge that the transaction will result in a supply of relevant content to the Junky before the end of the 14 days from the date when the Junky/Creator transaction is entered into. The Junky gives express consent to this and confirms to the Creator that the Junky is aware that any right to cancel the Junky/Creator transaction which the Junky has under any applicable law will therefore be lost. 
    2. The standard contract between Junky and Creator does not affect any statutory right to receive a refund from the Creator. 
  11. Obligations between parties:
    1. The Junky and Creator participating in the Junky/ Creator Transaction agree to act accordingly and comply at all times with the Terms and Conditions of stockjunkies.
    2. The Junky participating in the Junky/Creator Transaction agrees to make the Junky Payment to receive the license mentioned in article 7 of this agreement and agrees not to initiate a chargeback other than a dispute in good faith. 
    3. The creator agrees to extend the license as mentioned in article 7 of this agreement once the Junky Payment is made to stockjunkies. 
    4. Creator warrants that it possesses all necessary rights and permissions as mentioned in the stockjunkies Terms of Use for Creators. 
    5. The creator is solely responsible for creating, uploading and livestreaming content. The creator does not guarantee that it will continue to create and upload relevant content on an ongoing basis. 
    6. The creator promises to 
    7. Unless there has been negligence or other breach of duty by the creator, access by the Junky to the Creator channel is entirely at the Junky’s own risk. 
  12. The Junky who entered the Junky/ Creator transaction acknowledges that Creators are solely responsible for their content. The Junky agrees that the Creator can add or remove any content at any time and can decide what content to show themselves. In addition the Junky acknowledges that the may be circumstances where it is not possible for the Fan to access the relevant content including: 
    1. If the Creator’s account is suspended or deleted;
    2. If the Junky’s account is suspend or deleted;
    3. If the website or any part of stockjunkies is down or not available;
    4. If the Creator is unable to create or upload relevant content in the future.
  13. This agreement is governed by Dutch Law and Dutch law will apply to any claim that arises out of or relates to this agreement. 
  14. Forum choice:
    1. If the Junky who entered the standard contract between Junky and Creator is resident in the European Union or United Kingdom, any claim under this agreement can only be brought in the courts of the Netherlands or the place of residence of the Junky.
    2. If this agreement is with a Junky outside of the European Union or United Kingdom, any claim under this agreement can only be brought in the courts of the Netherlands unless both parties agree otherwise. 
    3. If the Junky or Creator decides to add a third party to any claim they may have, that claim can only be brought in the courts of the Netherlands. 

Published: October 2021