Terms and Conditions of Usage

Terms and Conditions of Usage for all Users

Terms and Conditions of Usage for Audience

Terms and Conditions of Usage for Stars

Promotions Program Terms

TERMS AND CONDITIONS OF USAGE FOR ALL USERS
By using our website you agree to these Terms and Conditions – Please read them carefully

Introduction: These Terms and Conditions of Use for all Users govern your usage of Shocayse and your agreement with us.
Interpretation: In the Terms and Conditions of Usage:
1. we refer to our website as "Shocayse", including when accessed via the URL https://shocayse.com or via any web browser;
2. references to "we", "our", "us" are references to Shocayse;
3. "Content" means any material uploaded to Shocayse by any User (whether a Star or Audience), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
4. "Star" means a User who has set up their Shocayse account as a Star account to post Content on Shocayse to be viewed by other Users;
5. "Audience" means a User who follows a Star and is able to view the Star's Content;
6. "Audience Payment" means any and all payments made by Audience to a Star, including payments for access to a Star's Content, for interaction with the Star, to procure new Content from the Star, admission to the Star's account, to use the fan interaction function on the Star's account, and any tips (referred to as “Awards”paid by Audience to the Star;
7. "Referring User" means a User who participates in the Shocayse Promotions Program;
8. "Standard Contract between Audience and Star" means the terms which govern each transaction between Audience and a Star on Shocayse, which can be found here;
9. "Terms and Conditions of Usage" (also called "your agreement with us") means the legally binding agreement between you and us which consists of: (i) these Terms and Conditions of Usage for all Users, (ii) Terms and Conditions of Usage for Audience, (iii) Terms and Conditions of Usage for Stars, (iv) Privacy Policy, (v) Acceptable Usage Policy, (vi) Promotions Program Terms, (vii) Complaints Policy, and (viii) Platform to Business Regulation Terms;
10. "United States" means the United States of America; and
11. "User" means any user of Shocayse, whether a Star or Audience or both (also referred to as "you" or "your").
Who we are and how to contact us: Shocayse is a Limited Liability Corporation registered in the United States.

To contact us with any questions about Shocayse, please email us at shocayse@shocayse.com.

How we may change the Terms and Conditions of Usage: We may change any part of the Terms and Conditions of Usage without telling you beforehand in the following circumstances:
1. to reflect changes in laws and regulatory requirements which apply to Shocayse and the services, features and programs of Shocayse where such changes require Shocayse to change its terms and conditions in a manner which does not allow us to give reasonable notice to you; and
2. to address an unforeseen and imminent danger related to defending Shocayse, Audience, or Stars from fraud, malware, spam, data breaches or other cybersecurity risks.

We may also make other changes to any part of the Terms and Conditions of Usage, and we will give you reasonable notice of such changes by email or through Shocayse, and you may contact us to end your agreement with us before the changes take effect. Once any updated Terms and Conditions of Usage are in effect, you will be bound by them if you continue to use Shocayse.

We may make changes to or suspend or withdraw Shocayse: We may update and change Shocayse from time to time for any reason, including to reflect changes to our services, Users' needs and our business practices or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that Shocayse, or any Content on it, will always be available or accessible without interruption. We may suspend or withdraw or restrict the availability of all or any part of Shocayse for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.
Registering with Shocayse: To use Shocayse you must first register and create a User account on Shocayse. You must provide a valid email address, a username, and a password or authenticate using a valid Google, Facebook, or Twitter account. Your password should be unique (meaning that it is different to those you use for other websites) and must comply with the technical requirements of the Shocayse site for the composition of passwords. To register as a User:
1. you must be at least 18 years old, and you will be required to confirm this;
2. if the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and
3. you must not be barred from accessing our platform under any laws which apply to you.

If you do not meet the above requirements, you must not access or use Shocayse.

Your commitments to us: When you register with and use Shocayse, you make the following commitments to us:
1. If you previously had an account with Shocayse, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
2. You will make sure that all information which you submit to us is truthful, accurate and complete.
3. You will update promptly any of your information you have submitted to us as and when it changes.
4. You consent to receiving communications from us electronically, including by emails and messages posted to your Shocayse account, and to the processing of your personal data as more fully detailed in our Privacy Policy.
5. You will keep your account/login details confidential and secure, including your user details, passwords and any other piece of information that forms part of our security procedures, and you will not disclose these to anyone else. You will contact support@shocayse.com promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
6. You are responsible for all activity on your account even if, contrary to the Terms and Conditions of Usage, someone else uses your account.
7. You will comply in full with these Terms and Conditions of Usage for all Users, our Acceptable Usage Policy and all other parts of the Terms and Conditions of Usage which apply to your use of Shocayse.
Rights we have, including to suspend or terminate your account:
1. We moderate and review any of your Content to verify compliance with the Terms and Conditions of Usage (including, in particular, our Acceptable Usage Policy) and/or any applicable law.
2. It is our policy to suspend access to any Content you post on Shocayse which we become aware may not comply with the Terms and Conditions of Usage (including, in particular, our Acceptable Usage Policy) and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at appeals@shocayse.com. Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. You agree that you will at your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content under this section.
3. If we suspend access to or delete any of your Content, we will notify you via email or electronic message to your Shocayse account, but we are not obligated to give you prior notice of such removal.
4. We reserve the right in our sole discretion to terminate your agreement with us and your access to Shocayse for any reason by giving you 30 days’ notice by email or electronic message to your Shocayse account. We can also suspend access to your User account or terminate your agreement with us and your access to Shocayse immediately and without prior notice:
  - if we think that you have or may have seriously or repeatedly breached any part of the Terms and Conditions of Usage (including in particular our Acceptable Usage Policy), or if you attempt or threaten to breach any part of the Terms and Conditions of Usage in a way which has or could have serious consequences for us or another User; or
  - if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of Shocayse.

If we suspend access to your User account or terminate your agreement with us and your access to Shocayse we will let you know. During any period when access to your User account is suspended, any Audience Payments which would otherwise have fallen due during the period of suspension will be suspended, and we may withhold all or any part of the Star Income due to you but not yet paid out in accordance with section 13 of the Terms and Conditions of Usage for Stars.

1. Upon termination of your account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on Shocayse for you to be able to access your Content following termination of your account.
2. We can investigate any suspected or alleged misuse, abuse, or unlawful use of Shocayse and cooperate with law enforcement agencies in such investigation.
3. We can disclose any information or records in our possession or control about your use of Shocayse to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, or in response to a court order.
4. We can change the third-party payment providers that we use and if we do so, we will notify you and store applicable details on your Shocayse account.
5. Other than Content (which is owned by or licensed to Stars), all rights in and to Shocayse and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws.
6. We are the sole and exclusive owners of any and all anonymized data relating to your use of Shocayse and such anonymized data can be used by us for any purpose, including for commercial, development and research purposes.
What we are not responsible for: We will use reasonable care and skill in providing Shocayse to you, but there are certain things which we are not responsible for, as follows:
1. While we do authorize or approve Content before it is posted on Shocayse, and views expressed by Stars or Audience on Shocayse do not necessarily represent our views.
2. We do not grant you any rights in relation to Content. Any such rights may only be granted to you by Stars.
3. Your Content may be viewed by individuals that recognize your identity. We will not in any way be responsible to you if you are identified from your Content. While we may, from time to time and in our sole discretion, offer certain geofencing or geolocation technology on Shocayse, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology, and you will have no claim against us arising from your use of or reliance upon any geofencing or geolocation technology on Shocayse.
4. All Content is created, selected and provided by Users and not by us.
5. You agree that you have no obligation to follow any suggestions, comments, reviews or instructions received from another User of Shocayse and that if you choose to do so, you do so entirely at your own risk.
6. We make no promises or guarantees of any kind that Stars or Promoting Members will make a particular sum of money (or any money) from their use of Shocayse (including the Shocayse Promotions Program).
7. The materials which we make accessible on Shocayse for Users are for general information only. We make no promises or guarantees about the accuracy or otherwise of such materials, or that Users will achieve any particular result or outcome from using such materials.
8. We do not promise that Shocayse is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access Shocayse. You should use your own virus protection software.
9. We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of Shocayse.
10. While we try to make sure that Shocayse is secure and free from bugs and viruses, we cannot promise that it will be and have no control over the Content that is supplied by Stars.
11. We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.
12. You acknowledge that once your Content is posted on Shocayse, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your Content which may have been recorded by other Users in breach of the Terms and Conditions of Usage or by third parties prior to the deletion of your account.
Intellectual property rights – ownership and licenses:
1. You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses in respect of your Content to us and to other Users. This includes any rights required to engage in the acts covered by sub-section 10(b) below in any territory in which Shocayse is accessible and, in particular, in the United States of America, the United Kingdom and the European Union.
2. You agree to grant us a license under all your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of Shocayse. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal in your Content.
3. The license which you grant to us under sub-section 10(b) above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using Shocayse, that we do not have to pay you for the license, and that we can grant a sub-license of your Content to someone else or assign or transfer the license to someone else. This license will allow us, for example, to add stickers, text, and watermarks to your Content, to make your Content available to other Users of Shocayse, as well as to use your Content for other normal operations of Shocayse. We will never sell your Content to other platforms, though we may sell or transfer any license you grant to us in the Terms and Conditions of Usage in the event of a sale of our company or its assets to a third party.
4. Whilst we do not own your Content, you grant us the limited right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your Content. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf. Please see our Complaints Policy for how to make a complaint about infringement of intellectual property rights.
5. You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on Shocayse. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us when dealing with your Content (as permitted by the license which you give us in section 10(b) above) to add watermarks, stickers or text to your Content.
Google, Facebook, Twitter: Users have the facility to connect an active Google, Facebook or Twitter account to their Shocayse account and to share certain Content in the form of Shocayse posts to Google, Facebook, or Twitter using the share feature. If you use this feature, you must fully comply with Google’s Facebook’s, and Twitter's terms of service from time to time in respect of any Content shared in this way.
Linking to and from Shocayse:
1. Links to Shocayse:
  - You may link to the Shocayse homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
  - If you are a Star, when promoting your Star account you must comply with our Terms and Conditions of Usage and the terms of service of any other website where you place a link to or otherwise promote your Star account. When promoting your Star account, you must not impersonate Shocayse or give the impression that your Star account is being promoted by us if this is not the case. You must not promote your Shocayse account by using Google Ads or any similar advertising platform or search engine advertising service.
2. Links from Shocayse: If Shocayse contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Shocayse, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
How do I delete my account? If you want to delete your Shocayse account then you may do so in the 'User Account' section of your Shocayse account.
1. If you are Audience, the deletion of your account will take place within a reasonable time following your request.
2. If you are a Star, then once you initiate the "delete account" process your account will remain open until the last day of your Audience' paid admission period, following which you will receive your final payment and your account will be deleted.
3. If you are both Audience and a Star then your account will be deleted in two stages (Audience first and then Star).
4. Once your account has been deleted you won't be charged any further amounts or have access to your former Shocayse account or its Content, and any admissions will be deleted and cannot be subsequently renewed. You will receive an email confirmation upon the successful deletion of your account. Once your account has been deleted, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on Shocayse for you to be able to access your Content following termination of your account.
Who is responsible for any loss or damage suffered by you?
1. Whether you are a consumer or business User: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and (ii) fraud or fraudulent misrepresentation.
2. If you are a consumer User: If you are a consumer User, you agree that:
  - We and our subsidiary companies, employees, owners, representatives, and agents will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of Shocayse.
  - If you are a consumer User and reside in the United States of America, our total liability to you for claims arising out of or related to your agreement with us shall be limited to USD 250 per claim.
3. If you are a business User: If you are a business User, you agree that:
  - We and our subsidiary companies, employees, owners, representatives, and agents:
    - exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to Shocayse or any content on it. This means that if the Terms and Conditions of Usage do not expressly include a promise or commitment by us, then one cannot be implied by law;
    - are not responsible to you for any loss or damage suffered by you that is not a foreseeable result of our breaching the Terms and Conditions of Usage or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to the Terms and Conditions of Usage, both we and you knew it might happen;
    - won't be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with:
      - your inability to use Shocayse or any of its services, features or programs; or
      - your use of or reliance on any content (including Content) stored on Shocayse;
    - won't be liable to you for any:
      1. loss of profits;
        
        loss of sales, business, or revenue;
        
        business interruption;
        
        loss of anticipated savings;
        
        loss of business opportunity, goodwill or reputation;
        
        loss of data or information, including any Content; or
        
        indirect or consequential loss or damage; won’t be liable to you for any loss or damage caused by a distributed denial-of-service attack, virus, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of Shocayse or any of its services, features or programs, or due to your downloading of any material posted on it, or on any website linked to it; be liable to you if your Content is copied, distributed, reposted elsewhere or its copyright is infringed by another User or any third party; be liable to you for any disclosure of your identity, or any disclosure or publication of your personal information by other Users or third parties without your consent (also known as “doxing”); won’t be liable to you for any failure or delay by us in complying with any part of the Terms and Conditions of Usage arising from events outside our reasonable control. If there is any failure or delay by us in complying with any part of the Terms and Conditions of Usage arising from an event outside our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Our total liability to you for any and all claims arising out of or related to your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to the greater of: 100% of the total fees paid by you to us in connection with your use of Shocayse; and USD $5,000.00.

8. General You agree that: if any aspect of your agreement with us is unenforceable, the rest will remain in effect. If we fail to enforce any aspect of your agreement with us, it will not be a waiver; we reserve all rights not expressly granted to you. No implied licenses or other rights are granted to you in relation to any part of Shocayse, save as expressly set out in the Terms and Conditions of Usage. Your agreement with us does not give rights to any third parties, except that the exclusions and limitations of liability in the section entitled, Who is responsible for any loss or damage suffered by you? may be enforced by our subsidiary companies, employees, owners, representatives and agents. You cannot transfer your rights or obligations under your agreement with us without our prior written consent. Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations. The Terms and Conditions of Usage form the entire agreement between us and you regarding your access to and use of Shocayse, and supersede any and all prior oral or written understandings or agreements between us and you.
Terms relating to disputes – the law which applies to your agreement with us and where disputes and claims concerning Shocayse (including those arising from or relating to your agreement with us) can be brought:
For consumers (Audience):
Consumers- Law: If you are a consumer, your agreement with us is governed by United States law and United States law will apply to any claim you have against us or we have against you that arises out of or in connection with your agreement with us (including non-contractual disputes or claims). You will also be able to rely on mandatory rules of the law of the country where you live.
Consumers- where claims must be brought: If you are a consumer resident in the United States, United Kingdom, or the European Union, any claim arising out of or in connection with your agreement with us (whether by you against us or us against you, and including non-contractual disputes or claims) may be brought in the courts of the United States or the courts of the country where you live. If you are a consumer resident outside of the United States, United Kingdom, or the European Union, any claim arising out of or in connection with your agreement with us (whether by you against us or us against you, and including non-contractual disputes or claims) must be brought in the courts of the United States.
For business Users (Stars and Promoting Members):
Business Users – Law: If you are a business User, your agreement with us, 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 United States law, without regard to conflict of law provisions.
Business Users - where claims must be brought: If you are a business User, you and we agree that the courts of the Unites States shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) which you have against us or we have against you arising out of or in connection with your agreement with us or its subject matter or formation.
Limitation period for bringing claims: Except where prohibited by applicable law, any claim or cause of action which you have concerning Shocayse (including those arising out of or related to your agreement with us) must be filed within one year after the date on which such claim or cause of action arose or the date on which you learned of the facts giving rise to the cause of action (whichever is the earlier), or be forever barred.
Other Terms which form part of your agreement with us: These Terms and Conditions of Usage for all Users govern your agreement with us. Certain other terms or policies forming part of the Terms and Conditions of Usage will also apply to you and form part of your agreement with us, as follows:

1. Terms and Conditions of Usage for Audience – which contain additional terms which apply if you use Shocayse as Audience;
2. Terms and Conditions of Usage for Stars – which contain additional terms which apply if you use Shocayse as a Star;
3. Privacy Policy – which applies to all Users and tells you how we use your personal data and other information we collect about you;
4. Acceptable Usage Policy which applies to all Users and tells you what you can and can’t do on Shocayse;
5. Promotions Program Terms – which outline the terms that apply if you participate in the Shocayse Promotions Program; and
6. Complaints Policy - which sets out the procedure for making a complaint about any aspect of Shocayse, and how we will deal with that complaint.

If there is any conflict between these Terms and Conditions of Usage for all Users and any of the terms or policies listed at section 17(a) to (g) above, the Terms and Conditions of Usage for all Users will apply to the extent of the conflict.

TERMS AND CONDITIONS OF USAGE FOR AUDIENCE
By using our website as Audience you agree to these Terms and Conditions – Please read them carefully

Introduction: These Terms and Conditions of Usage for Audience are additional terms which apply if you use Shocayse as Audience (also referred to as "you" and "your" in these Terms and Conditions of Usage for Audience). These Terms and Conditions of Usage for Audience form part of your agreement with us.
Interpretation: In these Terms and Conditions of Usage for Audience, defined terms have the same meanings given to them in the Terms and Conditions of Usage for all Users. In addition:
1. "Admission" means Audience's monthly subscription to a Star’s account;
2. "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 UK or any other jurisdiction.
Other terms which will apply to your use of Shocayse: The following terms will also apply to your use of Shocayse and you agree to them:
1. Our Terms and Conditions of Usage for all Users;
2. Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
3. Our Acceptable Usage Policy – which tells you what you can and can't do on Shocayse;
4. Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of Shocayse, and how we will deal with that complaint; and
5. The Standard Contract between Audience and Star – which does not form part of your agreement with us, but applies to each transaction you enter into with any Star and sets out the terms on which you will contract with Stars.
Other terms which may apply to your use of Shocayse: The following additional terms may apply to your use of Shocayse:
1. If you are also a Star, the Terms and Conditions of Usage for Stars will apply to your use of Shocayse as a Star; and
2. If you participate in the Shocayse Promotions Program, the Promotions Program Terms will apply to your use of the Shocayse Promotions Program.
Your commitments to us: You warrant (which means you make a legally enforceable promise) that:
1. you are at least 18 years old;
2. if the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you are old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and
3. you are not be barred from accessing Shocayse under any laws which apply to you.
Content - general terms: In addition to the terms set out elsewhere in the Terms and Conditions of Usage (in particular in our Acceptable Usage Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as Audience on Shocayse:
1. You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on Shocayse:
  1. the Content complies in full with the Terms and Conditions of Usage (and in particular our Acceptable Usage Policy);
  2. you either own your Content (and all intellectual property rights in it) or have a valid license to your Content; and
  3. if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on Shocayse.
2. You agree that you will be liable to us and indemnify us if any of the warranties at section 6(a) is untrue. This means you will be responsible for any loss or damage we suffer as a result of any warranty being untrue.
3. We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of Shocayse.
Adult material: You acknowledge that you are aware that some of the Content on Shocayse contains adult material, and you agree to take this into account when deciding where to access and view Content. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing Content containing adult material in a way which places you in breach of any contract you have with a third party (for example, your employment contract) or in breach of any applicable law.
Subscriptions and purchases by Audience: This section describes the terms which apply to transactions and interactions between Audience and Stars:
1. All transactions and interactions facilitated by Shocayse are contracts between Audience and Stars on the terms of the Standard Contract between Audience and Star. Although we facilitate transactions and interactions between Audience and Stars by providing the Shocayse platform, storing Content, and acting as a payment intermediary, we are not a party to the Standard Contract between Audience and Star or any other contract which may exist between Audience and Star, and are not responsible for any transactions or interactions between Audience and Stars.
2. Stars are solely responsible for determining (within the parameters for pricing on Shocayse) the pricing applicable to transactions and interactions and the Content to which you may be given access. All prices appear in USD only.
3. To view a Star's Content and/or utilize the fan interaction function on Shocayse, you must first add a payment card to your account and then click the 'Subscribe' button on the relevant Star's profile.
4. You authorize us to supply your payment card details to a third-party payment provider for the purpose of processing your Audience Payment. All Audience Payments will be charged in USD. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we are not responsible for paying any charges or fees imposed by your payment card provider or bank.
5. If you choose to provide details of two or more payment cards, then if you try to make Audience Payment from the first card and the card is rejected for any reason, then the other payment card will be used to collect the full Audience Payment.
6. The payment provider will take (i) monthly payments from your payment card for Audience Payments which are Subscriptions; and (ii) immediate payments from your payment card for ad hoc Audience Payments such as use of the Audience interaction function on a Star's account or paying an award to the Star. You authorize and consent to each of these payments being debited using your supplied payment card details.
7. Apart from free-trial Admissions, all Admissions to a Star's profile will automatically renew at the end of the monthly admission period, except if your payment card was declined, the admission price has increased, or you have turned off the "Auto-Renew" switch located on the relevant Star's profile. This means that if you want to stop admission to a Star's profile and paying continuing monthly admission charges, you will need to turn off the "Auto-Renew" switch located on the relevant Star's profile.
8. If you cancel Admision you will continue to be permitted to view the relevant Star's Content until the end of the admission period in which you cancelled, after which no further payments will be taken from your payment card in respect of admissions to that Star's profile, and you will no longer be able to view the relevant Star's Content .
9. You agree that you will not make unjustified requests for a refund from any Star which you follow, or unjustified chargeback requests of your payment card provider in relation to any transaction between you and a Star. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.
10. Wallet credits: You can prepay an amount to us (known as "Wallet Credits") which you can later use to make Audience Payments. Purchases on Shocayse cannot be divided - if you attempt a purchase that costs more than the total amount of your remaining Wallet Credits, your payment card will be charged the full amount for that purchase. Wallet Credits are subject to a maximum amount as determined by us from time to time. Interest will not accrue on Wallet Credits. You are entitled upon request (whether before or after the termination of your agreement with us) to a refund of unused Wallet Credits, unless we reasonably determine that your request for a refund is not made in good faith.
Suspension of your User account: If we suspend your User account in accordance with our rights under the Terms and Conditions of Usage, then any Audience Payments which would otherwise have fallen due during the period of suspension of your User account will be suspended during the period of the suspension of your User account.

TERMS AND CONDITIONS OF USAGE FOR STARS
By using our website as a Star you agree to these Terms and Conditions – Please read them carefully

Introduction: These Terms and Conditions of Usage for Stars are additional terms which apply if you use Shocayse as a Star (also referred to as "you" and "your" in these Terms and Conditions of Usage for Stars). These Terms and Conditions of Usage for Stars form part of your agreement with us.
Interpretation: In these Terms and Conditions of Usage for Stars, defined terms have the same meanings given to them in the Terms and Conditions of Usage for all Users. In addition:
1. "Person with Majority Control" means any individual who meets one or both of the following conditions in relation to a corporate entity:
  1. the individual holds, directly or indirectly, more than 50% of the shares in the corporate entity;
  2. the individual holds, directly or indirectly, more than 50% of the voting rights in the corporate entity;
2. "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 United States or any other jurisdiction.
Other terms which will apply to your use of Shocayse: The following terms will also apply to your use of Shocayse and you agree to them:
1. Our Terms and Conditions of Usage for all Users;
2. Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
3. Our Acceptable Usage Policy – which tells you what you can and can’t do on Shocayse;
4. Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of Shocayse, and how we will deal with that complaint; and
5. The Standard Contract between Audience and Star – which does not form part of your agreement with us, but sets out the agreement between you and your Audience for each transaction between you and them.
Other terms which may apply to your use of Shocayse: The following additional terms may apply to your use of Shocayse:
1. If you are also Audience, the Terms and Conditions of Usage for Audience will also apply to your use of Shocayse as Audience; and
2. If you participate in the Shocayse Promotions Program, the Promotions Program Terms will apply to your use of the Shocayse Promotions Program.
What are the fees that we charge Stars for the use of Shocayse? We charge a fee to you for all Audience Payments made to you (called Our Fee). Our Fee is calculated on a sliding scale at fifteen percent (15%) for the first $1000.00 in Audience Payments, sixteen percent (16%) for $1000.01 - $10,000.00 in Audience Payments, seventeen percent (17%) for $10,000.01 - $100,000.00 in Audience Payments, and eighteen percent (18%) for Audience Payments over $100,000.00. The remaining eighty-two percent to eighty-five percent (82% - 85%) of the Audience Payment is payable to you (called "Star Income"). Our Fee includes our costs of providing, maintaining and operating Shocayse and storing your Content. Our Fee is deducted from the Audience Payment, and Star Income is paid to you in the way described in the Payouts to Stars section below.
How to set up your account as a Star account: To set up your account as a Star account:
1. You will need on your User account page to upload a valid form of ID and two photos of you in accordance with the requirements set out here.
2. You will need on your User account page to add bank account details of your own bank account or the bank account of a corporate entity in which you are a Person with Majority Control.
3. You will need on your User account page to select one of the available methods provided by Shocayse as to how your Star Income will be transferred to you. These methods are called Payout Options.
4. You may also need to submit additional information depending on the country where you live.
5. We may ask you for additional age or identity verification information at any time. We may reject your application to set up a Star account for any reason.
6. Once you have set up your account as a Star account, then if you want to charge your Audience a monthly admission fee you will need to set your admission price for your Audience within the range allowed by Shocayse as set out here.
7. You will then be able to start adding Content and Users will be able to pay admission to your account to become your Audience.
8. If you lose access to your account, you can reset your password, but you will need to know the email address used to set up the account to do so. If you do not recall the email address used to set up the account, we may require you to provide identification documents and photos and any additional evidence we may reasonably require to prove your identity.
Agencies cannot be Stars: Every Star is the owner of their own account and must have access to their account at all times. If you have an agent or agency which assists you with the operation of your Star account (or operates it on your behalf), this does not affect your personal legal responsibility. Our relationship is with you, and not your agent or agency, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms and Conditions of Usage.
Stars who use corporate entities: If you set up a corporate entity to receive your Star Income, you must provide evidence to us on request that you are the Person with Majority Control of that corporate entity. We will only pay your Star Income into a bank account not held in your name where the bank account is held in the name of the corporate entity and you are the Person with Majority Control of that corporate entity. You agree that if you use a corporate entity to receive Star Income you will comply with all laws (including Tax laws) which are applicable to corporate entities in the place where the corporate entity is established.
Subscriptions and purchases by Audience: This section describes the terms which apply to transactions and interactions between Audience and Stars:
1. All transactions and interactions facilitated by Shocayse are contracts between Audience and Stars on the terms of the Standard Contract between Audience and Star. Although we facilitate transactions and interactions between Audience and Stars by providing the Shocayse platform, storing Content, and acting as a payment intermediary, we are not a party to the Standard Contract between Audience and Star or any other contract which may exist between Audience and Star, and are not responsible for any transactions or interactions between Audience and Stars.
2. When Audience has made the required payment for access to your Content, for the provision of customized Content or for use of the fan interaction function on your account, you must allow the Audience to view the Content paid for and/or provide the customized Content and/or allow the Audience to use the fan interaction function paid for (as applicable). You agree that you will indemnify us for any breach by you of this obligation (which means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of you failing to comply with this obligation).
Content – general terms: In addition to the terms set out elsewhere in the Terms and Conditions of Usage (in particular in our Acceptable Usage Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Star on Shocayse:
1. Your Content is not confidential, and you authorize your Audience to access and view your Content on Shocayse for their own lawful and personal use, and in accordance with any licenses that you grant to your Audience.
2. You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on Shocayse:
  1. the Content complies in full with the Terms and Conditions of Usage (and in particular our Acceptable Usage Policy);
  2. you hold all rights necessary to license and deal in your Content on Shocayse, including in each territory where you have Audience and in the United States;
  3. you either own your Content (and all intellectual property rights in it) or have a valid license to offer and supply your Content to your Audience;
  4. if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on Shocayse; and
  5. the Content is:
    1. of satisfactory quality, taking account of any description of the Content, the price, and all other relevant circumstances including any statement or representation which you make about the nature of the Content on your account or in any advertising;
    2. reasonably suitable for any purpose which the Audience has made known to you is the purpose for which the Audience is using the Content; and
    3. as described by you.
3. You agree that you will be liable to us and indemnify us if any of the warranties at section 10(b) is untrue. This means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the warranties being untrue.
4. We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of Shocayse.
5. You also agree to act as custodian of records for the Content that you upload to Shocayse.
Co-authored Content:
1. If you upload Content to your Star account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) ("Co-Authored Content"), you warrant (which means you make a legally enforceable promise) that each individual shown in any Co-Authored Content uploaded to your account:
  1. is a Star on Shocayse;
  2. has given his, her, or their express, prior and fully informed consent to his, her, or their appearance in the Co-Authored Content; and
  3. has consented to the Co-Authored Content in which he, she, or they appear(s) being posted on Shocayse.
2. In addition to the confirmations in section 11(a) above, you agree that if you upload Co-Authored Content where the other person or people appearing in the Content can be identified from the Content, you will tag the Shocayse account(s) of any person or people appearing in the Co-Authored Content who can be identified from it.
3. You must not upload any Content containing any image, photo, video or audio of anyone else other than or addition to you unless such person is also a Star on Shocayse.
4. If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on Shocayse.
5. You agree that we will only pay out Star Income to the account of the Star to which the Co-Authored Content is uploaded. The Star who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the Stars shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between Stars, and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Star Income earned on any Co-Authored Content in which you appear but which is posted on another Star’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Star, terminate your account, and/or withhold all or any portion of Star Income earned but not yet paid out to you.
6. You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Star(s) who posted Co-Authored Content or appeared in the Co-Authored Content (as applicable).
Payouts to Stars:
1. All Audience Payments will be received by a third-party payment provider approved by us.
2. If you have chosen the Stripe Payout Option, we will ensure that Stripe, acting as our payment provider, will collect the Audience Payment and:
  1. pay Our Fee on the Audience Payment to an account held in our name; and
  2. pay the Star Income to your bank account or the bank account of a corporate entity in which you are a Person with Majority Control (see section 8 above).
3. Where Stripe is not the Payout Option chosen by you, we will receive the Audience Payment in full from the relevant payment provider. We will deduct Our Fee from the Audience Payment and then will hold the Star Income on your behalf in our capacity as your agent.
4. Your Shocayse account will be updated within a reasonable time with your Star Income. Your Star Income will become available for withdrawal by you from your Shocayse account once such Star Income appears in your Shocayse account.
5. To make a withdrawal of Star Income from your Shocayse account, you must have at least the minimum payout amount in your Shocayse account. Please click on the Banking page on your account to see what the minimum payout amount is for your country of residence and Payout Option.
6. The amount that you see in your ‘current balance’ in your Shocayse account is your Star Income at the relevant time. All Audience Payments and Star Income are transacted in USD only. If you have chosen the “Stripe” Payout Option then the Audience Payments and Star Income figures will be reflected in your local currency, at an exchange rate controlled by Stripe. Your bank may charge you currency conversion or transfer fees to receive the money. Additionally, your e-wallet company may charge you a fee for accessing the money. We do not have control over currency exchange rates or charges imposed by your bank or your e-wallet company, and we are not responsible for paying any charges imposed by your bank or your e-wallet company.
7. If any Audience successfully seeks a refund or chargeback from their credit card provider in respect of Audience Payment, we may investigate and may decide to deduct from your account an amount equal to the Star Income earned by you on the charged-back or refunded amount.
8. Except for Payout Options involving payment by direct bank transfer from us, we do not store any data disclosed by you when you register your Payout Options with a third-party payment provider.
Circumstances in which we may withhold Star Income:
1. We may withhold all or any part of the Star Income due to you but not yet paid out:
  1. if we think that you have or may have seriously or repeatedly breached any part of the Terms and Conditions of Usage;
  2. if you attempt or threaten to breach any part of the Terms and Conditions of Usage in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
  3. if we suspect that all or any part of the Star Income result from unlawful activity, either by you or by the Audience who made the Audience Payment resulting in the Star Income,

for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms and Conditions of Usage; (ii) you have attempted or threatened to breach any part of the Terms and Conditions of Usage in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) the Star Income result from unlawful activity, we may notify you that you have forfeited your Star Income.

1. We shall not have any responsibility to you if we withhold or forfeit any of your Star Income where we have a right to do so under these Terms and Conditions of Usage for Stars.
2. If we are withholding all or any part of the Star Income due to you and we determine that part of the Star Income withheld by us is unrelated to breaches by you of the Terms and Conditions of Usage or suspected unlawful activity, then we may pay to you the part of the Star Income which we determine to be unrelated to breaches by you of the Terms and Conditions of Usage or suspected unlawful activity. However, you agree that if we consider that your breach(es) of the Terms and Conditions of Usage has or may cause us loss, we may withhold all Star Income due to you but not yet paid and we may set off such amounts against any losses suffered by us.
3. If once we have finished our investigation we determine that Star Income are forfeited, we will use our best efforts to return any Audience Payments which resulted in forfeited Star Income to the relevant Audience who paid such Audience Payments.
Promoting Tax compliance:
1. General:
  1. We recommend that all Stars seek professional advice to ensure you are compliant with your local Tax rules, based on your individual circumstances.
  2. By using Shocayse as a Star, you warrant (which means you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of Shocayse to the relevant Tax authority in your jurisdiction, as required by law.
  3. By using Shocayse as a Star you warrant (which means you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to Tax which apply to you. If, at any point whilst you have an Shocayse account, any Tax non-compliance occurs in relation to you (including a failure by you to report earnings or the imposition on you of any penalty or interest relating to Tax) or if any litigation, enquiry, or investigation is commenced against you that is in connection with, or which may lead to, any occurrence of Tax non-compliance, you agree that you will:
    1. notify us by email to accounting@shocayse.com in writing within 7 days of the occurrence of the Tax non-compliance or the commencement of the litigation, enquiry or investigation (as applicable); and
    2. promptly provide us by email to accounting@shocayse.com with:
      1. details of the steps which you are taking to address the occurrence of the Tax non-compliance and to prevent the same from happening again, together with any mitigating factors that you consider relevant; and
      2. such other information in relation to the occurrence of the Tax non-compliance as we may reasonably require.
  4. For the avoidance of doubt, you are responsible for your own Tax affairs and Shocayse is not responsible or liable for any non-payment of Tax by Stars.
  5. We reserve the right to close your Shocayse account if we are notified of or become aware of any Tax non-compliance by you.

ACCEPTABLE USAGE POLICY
By using our website you agree to this Policy – Please read it carefully

This Policy applies to your use of Shocayse and all Content on Shocayse and forms part of your agreement with us. This Policy sets out what is and is not permitted on Shocayse.
In this Policy, defined terms have the same meanings as in our Terms and Conditions of Usage for all Users.

Do not use Shocayse except for your own personal use and do not sell, rent, transfer, or share your account or any Content obtained from your use of Shocayse to or with anyone else.
Only use Shocayse in a manner and for a purpose that is lawful.
Do not upload, post, display, or publish Content on Shocayse that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, or which encourages or promotes violence or any illegal activity.
Do not use Shocayse in any way which may exploit, harm, or attempt to exploit or harm any individual under 18 years old, for example by exposing them to inappropriate Content.
Do not upload, post, display, or publish Content on Shocayse that:
1. shows, includes or refers to:
  1. any individual under 18 years old (or which refers to individuals under 18 years old generally); or
  2. any other individual unless you have written documentation which confirms that all individuals shown or included or referred to in your Content are at least 18 years old, and you have a written consent from each individual to use their name or images (or both) in the Content;
2. shows, promotes, advertises or refers to:
  1. firearms, weapons, or any goods whose sale, possession or use is subject to prohibitions or restrictions;
  2. drugs or drug paraphernalia;
  3. self-harm or suicide;
  4. incest;
  5. bestiality;
  6. violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse, or genital mutilation;
  7. necrophilia;
  8. excrement-related material;
  9. "revenge porn" (being any sexually explicit material featuring any individual who has not given prior, express and fully informed consent to that material (a) being taken, captured, or otherwise memorialized, or (b) being posted and shared on Shocayse);
  10. sex trafficking, or illegal escort services and prostitution;
3. contains unsolicited sexual content or unsolicited language that sexually objectifies another User or anyone else in a non-consensual way, or contains fake or manipulated sexual content in relation to another User or anyone else (including "deepfakes");
4. contains, promotes, advertizes or refers to hate speech (being Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic);
5. contains or refers to anyone else's personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for Shocayse including passwords and security questions, financial information including bank account and credit card details, biometric data, and medical records) without that person's express written consent;
6. either:
  - in the case of Content featuring public nudity, was recorded in or is being broadcast from a country, State or province where public nudity is illegal; or
  - in the case of Content featuring sexual activities, was recorded in or is being broadcast from a public place where members of the public are reasonably likely to see the activities being performed (this does not include outdoor places where members of the public are not present, for example private property such as a private backyard, or secluded areas in nature where members of the public are not present).

1. the impression that it comes from or is approved, licensed or endorsed by us or any other person or company;

1. or is calculated to cause inconvenience, or anxiety to anyone else or which is likely to upset, embarrass, or cause serious offence to anyone else;

1. used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content; and/or
2. or promotes third party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job posting or employment ads without our prior express consent.

not use Shocayse to stalk, bully, abuse, harass, threaten or intimidate anyone else.
not use Shocayse to engage in misleading or deceptive conduct, or conduct that is likely to mislead or deceive any other User.
the intellectual property rights of Stars, including by not recording, reproducing, sharing, communicating to the public or otherwise distributing their Content without authorization.
not do anything that violates our or someone else's rights, including intellectual property rights (examples of which are copyright, trademarks, confidential information, and goodwill), personality rights, unfair competition, privacy, and data protection rights.
not impersonate us, one of our employees, another User, or any other person or company or falsely state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or company.
not provide false account registration information or make unauthorized use of anyone else's information or Content.
not post or cause to be posted any Content which is spam, which has the intention or effect of artificially increasing any Star's views or interactions, or which is otherwise inauthentic, repetitive, misleading or low quality.
not transmit, stream, or otherwise send any pre-recorded audio or video material during a live stream or otherwise attempt to pass off recorded material as a live stream.
not use other media or methods (for example the use of codewords or signals) to communicate anything which violates this Policy.
not reproduce, print, distribute, attempt to download, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as permitted under the Terms and Conditions of Usage.
not knowingly introduce any viruses, trojans, worms, logic bombs or other material into Content which is or may be malicious or technologically harmful.
not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of Shocayse.
not use Shocayse in a way that could adversely affect our systems or security or interfere with any other User’s use of Shocayse, including their ability to engage in real time activities through Shocayse.
not use any automated program, tool or process (such as web crawlers, robots, bots spiders, and automated scripts) to access Shocayse or any server, network or system associated with Shocayse, or to extract, scrape, collect, harvest or gather Content or information from Shocayse.
not use Shocayse' name, logo or any related or similar names, logos, product and service names, designs, or slogans other than in the limited ways which are expressly permitted in the Terms and Conditions of Usage or with our prior written agreement.

Breaches of this Policy may lead to your account being suspended or terminated, and access to your earnings being revoked, as set out in the Terms and Conditions of Usage.

PROMOTIONS PROGRAM TERMS
Warning!
In compliance with regulation 3 of the Trading Scheme Regulations 1997 (as amended) and section 120(1) of the Fair Trading Act 1973, please read the warning below in respect of the Shocayse Promotions Program:

It is illegal for us or for a participant in the Shocayse Promotions Program (including Promoting Members and Promoted Stars) to persuade anyone to make a payment by promising benefits from getting others to join the Shocayse Promotuons Program.
Do not be misled by claims that high earnings are easily achieved from participation in the Shocayse Promotions Program.
Although we do not demand any payment from Promoting Members for the purposes of participating in the Shocayse Promotions Program, we are legally required to inform you that if you sign this contract, you have 14 days in which to cancel and get your money back.

Introduction: These Promotions Program Terms are additional terms which apply if you use the Shocayse Promotions Program. These Promotions Program Terms form part of your agreement with us.
Interpretation: In these Promotions Program Terms defined terms have the same meanings given to them in the Terms and Conditions of Usage for all Users. In addition:
1. "Promoting User" is also referred to as "you" or "your" in these Promotions Program Terms;
2. "Promoted Star" means the person who joins Shocayse as a Star via the Promoting User's unique promotion link.
3. “Promoted Audience” means the person who joins Shocayse as Audeince via the Promoting User's unique promotion link.
What is the Shocayse Promotions Program? Shocayse offers a promotions program by which existing Users can introduce people who are interested in becoming Stars or Audience to Shocayse and receive promotion payments or discounts from Shocayse which are calculated and limited as described in these Promotions Program Terms.
The rules of the Shocayse Promotions Program:
1. Only Users of Shocayse with a current User account can participate in the Shocayse Promotions Program. If a User's account has been suspended or terminated by us for any reason or deleted by the User, that User will not be eligible to participate in the Shocayse Promotions Program.
2. You will need on your User account page to add bank account details of your own bank account in order to receive promotion payments under the Shocayse Promotions Program.
3. Each User has a unique promotion link (which can be accessed via the User's User account) which the User may share with others. When sharing your unique promotion link you must not impersonate Shocayse or give the impression that your promotion link is being shared or promoted by us. You must not use Google Ads or any similar advertising platform or search engine advertising service to share or promote your unique promotion link. Upon our request, you must disclose the methods by which you share your unique promotion link in the Bio/Website field of your Shocayse account.
4. The Promoted Star or Audience must enter your unique promotion link when prompted during registration with Shocayse. If someone registers with Shocayse other than by using your unique promotion link, we will not link that account to your promotion and we will not make any promotion payment to you or you will not receive the promotion discount.
5. The Promoted Star or Audience must not have opened a User account with Shocayse (whether under the same name or another name) before entering your unique Promotions link. If the Promoted Star is currently or has previously been a User of Shocayse we will not make any promotion payment to you or you will not receive the promotion discount for the promotion.
6. If the Promoted Star or Audience sets up more than one User account we will make promotions payments to you or you will receive promotions discounts on the income made by the Promoted Star or the Audience Payments made from their first User account only. We will not pay any promotions payments to you or you will not receive any promotions discounts on any further User accounts set up by the Promoted Star or Promoted Audience.
7. We will not pay any promotion payments to you or you will not receive any promotion discounts on any promotion of a Promoted Star or Promoted Audience which we determine is owned or operated by you, or is in a commercial relationship with you. You will provide any information which we request to enable us to determine whether the Promoted Star or Promoted Audience is owned or operated by you or if there is a commercial relationship between you and the Promoted Star or Promoted Audience.
8. You agree that when promoting Shocayse in any way as a Promoting User:
  - you will not give a false impression of Shocayse, the services, programs, and content (including Content) made available through Shocayse, its Users or the Terms and Conditions of Usage; and
  - you will not make any statements which suggest to a potential Star or that the potential Star will make a particular sum of money (or any money) from their use of Shocayse, or any statements regarding the likely number of Audience.
Promotion payments and discounts:
1. How are promotion payments calculated for Promoted Stars? Once a Promoted Star has become a registered User of Shocayse in accordance with the rules of the Shocayse Promotions Program described above, we will pay the Promoting User a promotion payment equal to seven and a half percent (7.5%) of Audience Payments generated by the Promoted Star in the twelve months (12) after the date on which the Promoted Star becomes a registered User of Shocayse, up to a maximum promotion payment by Shocayse to the Promoting User of $75,000.00 per Promoted Star.

This means that if a Promoted Star generates Audience Payments with a total value of $1 million or more in the twelve (12) months after the date on which that Promoted Star becomes a registered User of Shocayse, then the Promoting User's promotion payments in relation to that Promoted Star will be capped at $75,000.00 in total. However, if the Promoted Star generates Audience Payments with a total value of less than $1 million in the twelve months after the date on which that Promoted Star becomes a registered User of Shocayse, then the Promoting User will be paid seven and a half percent (7.5%) of the Audience Payments generated by that Promoted Star in the twelve months after the date on which the Promoted Star becomes a registered User of Shocayse, following which no further promotion payments will be made to the Promoting User in respect of that Promoted Star.

1. Warning: In compliance with regulation 3 of the Trading Scheme Regulations 1997 (as amended) and section 120(1) of the Fair Trading Act 1973, please read the warning below in respect of the Shocayse Promotions Program:
  - It is illegal for us or for a participant in the Shocayse Promotions Program (including Promoting Members and Promoted Stars) to persuade anyone to make a payment by promising benefits from getting others to join the Shocayse Promotions Program.
  - Do not be misled by claims that high earnings are easily achieved from participation in the Shocayse Promotions Program.
2. How frequently are promotion payments made? We will transfer to your Shocayse account the promotion payment due to you on Audience Payments made to the Promoted Star in a calendar month on or around the first day of the next calendar month (which means, for example, that promotion payments due to you in respect of Audience Payments made to the Promoted Star in February shall be paid to you on or around March 1st).
3. How are promotion discounts calculated for Promoted Audience? Once (a) Promoted Audience has become(s) (a) registered User(s) of Shocayse in accordance with the rules of the Shocayse Promotions Program described above, we will give the Promoting User a promotion discount equal to one percent (1%) all of Audience Payments made by Promoted Audience, up to a maximum promotion discount by Shocayse to the Promoting User of twenty-five percent (25%) of the Promoting User’s Audience Payments in the twelve months (12) after the date on which the Promoted Audience becomes a registered User of Shocayse.
4. How frequently are promotion discounts applied? We will apply to your Shocayse account the promotion discount due to you on Audience Payments made by Promoted Audience in a calendar month on or around the first day of the next calendar month (which means, for example, that promotion discounts due to you in respect of Audience Payments made by Promoted Audience in February shall be paid to you on or around March 1st).
5. Who bears the cost of the promotion payment or discount? The cost of the promotion payment or promotion discount is borne by us, not the Promoted Star or Promoted Audience.
Our rights relating to the promotion program.
1. If promotion payments have been made or promotion discounts have been applied incorrectly then we have the right to recover the wrongly paid or applied sums from the User to whom the wrongly paid or applied sums have been paid.
2. We may request you or Promoted Stars (or both) to provide us with ID and other information reasonably required by us to verify any promotion payment to be made and the person to whom any promotion payment should be made. Failure to provide any information requested by us may lead to you losing your entitlement to promotion payments in respect of the relevant Promoted Star.
3. We may change any aspect of the Shocayse Promotions Program (including how promotion payments or promotion discounts are calculated) or discontinue the Shocayse Promotions Program at any time, but no change will deprive any Promoting User of promotion payments or promotion discounts already earned based on Audience Payments made to Promoted Stars or by Promoted Audience before the changes came into effect.
Circumstances in which we may withhold promotion payments:
1. We may withhold all or any part of the promotion payments due to you but not yet paid out:
  - if we think that you have or may have seriously or repeatedly breached any part of the Terms and Conditions of Usage;
  - if you attempt or threaten to breach any part of the Terms and Conditions of Usage in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
  - if we suspect that all or any part of the promotion payments due to you result from unlawful activity, either by you, by the Audience who made the Audience Payment to the Promoted Star which resulted in the promotion payment, or by the Promoted Star to whom the Audience Payment was made which resulted in the promotion payment, for as long as is necessary to investigate the actual, threatened or suspected breach(es) by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms and Conditions of Usage; (ii) you have attempted or threatened to breach any part of the Terms and Conditions of Usage in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) all or any part of promotion payments due to you result from unlawful activity, we may notify you that you have forfeited all or any part of your promotion payments.
2. We shall not have any responsibility to you if we withhold or forfeit any payment due to you under the Shocayse Promotions Program where we have a right to do so under these Promotions Program Terms.
3. If we are withholding all or any part of the promotion payments due to you and we determine that part of the promotion payments withheld by us is unrelated to breaches by you of the Terms and Conditions of Usage or suspected unlawful activity, then we may pay to you the part of the promotions payments which is unrelated to breaches by you of the Terms and Conditions of Usage or suspected unlawful activity. However, you agree that if we consider that your breach(es) of the Terms and Conditions of Usage has or may cause us loss, we may withhold all promotion payments due to you but not yet paid and we may set off such amounts against any losses suffered by us.