Welcome to SinTree, the adult entertainment social media and video platform operated by ST33 Limited that connects you to performers and offers adult material, products and other engagement.
Our platform allows you to pay performers for images and videos and live Pay To View shows in a simple, convenient, user-friendly format within a safe environment.
This User Agreement for Fans (‘Agreement') incorporates various other terms and documents, including our:
Terms and Conditions for the Sale of Goods
Standard Contract between Fans and Performers
Adult Industry Compliance Statement
These set out the terms and conditions between us for use of the Website and services.
This Agreement is made between:
(1). ST33 Limited, a company registered in England & Wales at Companies House under Company Registration Number 13037809 of registered office address 4/4a Bloomsbury Square
London, WC1A 2RP , its agents, staff and contractors; and,
(2). You – any person who creates an account on this Website for the purpose of receiving services, referred to as the "Fan" or "User" in this Agreement.
By using this website, you, the Fan, acknowledge that you have read this Agreement, which will apply to the relationship between the Parties. If you do not agree to the terms of this Agreement, you should not use this website.
1. Definitions and Interpretation
1.1. In this Agreement, the following words shall have the following meanings:
‘Additional Fees' means fees payable to a Performer to view Private Material;
‘Business Day' a day (other than a Saturday, Sunday or public holiday) when banks in the City of London are open for business;
‘Default' an event, occurrence or incident in which our performance of any of our obligations under this Agreement is prevented or delayed by any act or omission by you, or there is failure by you to perform any of your relevant obligations;
‘Device' means the PC, android or iOS device, or other device, with which you access the Website;
‘Effective Date' means the date at which the User opens an account on the Website;
‘Fan' means a natural person who has opened an account on this Website in order to receive services from Performers;
‘Fees' refers to any fees payable by Fans on this Website;
‘Intellectual Property Rights' means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;
‘Material' means any content or material uploaded to the Website by the Performer for viewing by Subscribers, which may be in audio or visual form, and may include (among other things) photographs or images, text, Webcam Shows and videos;
‘Performer' means a natural person who publishes Material on the Website for Fans;
‘Preview Material' means any content or material that appears on a Professional Profile and can be viewed by Fans who are not subscribed to that Professional Profile;
‘Private Material' means Material which can be viewed by a Fan on payment of an Additional Fee to the Performer;
‘Professional Profile' means the profile of a Performer on the Website;
‘Scheduled Event' means a Webcam Show or other event for which Fees are paid in advance;
‘Subscriber' means a Fan who pays for a subscription in accordance with the provisions in clause 3 below;
‘Subscription Fees' means fees payable by a Fan to a Performer to view the Performer's Material;
‘SinTree', ‘we', ‘us', ‘our' refers to SinTree33 Ltd, a company registered in England & Wales at Companies House under Company Registration Number 13037809 of registered office address 4/4a Bloomsbury Square London, WC1A 2RP , its agents, staff and contractors;
‘Streamed Event' means a Webcam Show or other event that is broadcast live on the Website;
‘Tip' means a gratuity payment that you may make to a Performer other than the Fees;
‘User' another term for Fan;
‘Webcam Show' means a live-streamed or recorded video performance on webcam or other means by the Performer for Users; and,
‘Website' means our website at www.sintree.net or any other domain under our control.
1.2. In this Agreement, the following rules of construction will apply:
1.2.1. clause and Schedule headings will not affect the interpretation of this agreement;
1.2.2. the Schedules forms part of this agreement and will have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the Schedules. References to clauses and the Schedules are to the clauses and the Schedules of this agreement;
1.2.3. unless the context otherwise requires, words in the singular will include the plural and in the plural will include the singular;
1.2.4. a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
1.2.5. a reference to a party includes its personal representatives, successors or permitted assigns;
1.2.6. unless the context otherwise requires, a reference to one gender will include a reference to the other genders;
1.2.7. a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
1.2.8. any obligation on a party not to do something includes an obligation not to allow that thing to be done;
1.2.9. any phrase introduced by the terms including, include, in particular or any similar expression, will be construed as illustrative and will not limit the sense of the words preceding those terms; and.
1.2.10. a reference to writing or written includes faxes but not e-mail.
The Parties have agreed to enter into this Agreement to regulate the services provided by SinTree to its Users and agree as follows:
2. Commencement and Duration
2.1. The relationship between SinTree and Users is governed by this Agreement, effective from the Effective Date.
2.2. We will provide the Website to you on the terms of this Agreement. If you do not agree with this Agreement, you should not use the Website.
2.4. Any illustrations, descriptive matter or advertising issued by us, and any descriptions or graphics contained in SinTree promotional material (including, among other things, any website), are issued or published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of this Agreement or be of any contractual effect.
2.5. The terms of this Agreement apply to the exclusion of any other terms that the Parties seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3. Joining SinTree, and Search & Payment Process
3.1. Registration with SinTree is free, subject to satisfactory verification of your e-mail account. You need only pay when:
3.1.1. taking up a subscription in accordance with the provisions in clause 3 below; or,
3.1.2. paying to watch a Webcam Show; or,
3.1.3. giving a Tip;
3.1.4. making a purchase from the online shop in accordance with our Terms and Conditions for the Sale of Goods.
3.2. Your interactive dashboard within the Website will allow you to:
3.2.1. create or modify your user profile, including username, avatar, postal address (if given), contact e-mail address, sex, gender, sexual orientation, and payment card information;
3.2.2. change or update your password and your preferences;
3.2.3. display (among other things) your payment history and wallet;
3.2.4. block, ‘like' or ‘friend' Performers;
3.2.5. hide your profile from view;
3.2.6. view and update support/help tickets (if that functionality is available); and,
3.2.7. upload various information that we may require or encourage you to provide.
There will be access to online support in whatever form we decide in our discretion.
3.3. On first using the Website, you may be prompted to allow the Website to access your Device location. If this is offered, we recommend you allow this as it assists with the functionality of the Website.
3.4. You can search the Website based on your preferences, including the attributes of Performers, their availability, likes and dislikes and services offered, choice of service category, pricing, and other relevant details. The accuracy and usefulness of search results may be affected if you have not provided to us correct or truthful information in your own user profile or when carrying out your search for Performers.
3.5. You cannot use the messaging system to initiate contact with a Performer unless:
3.5.1. you have subscribed to the corresponding Professional Profiles; or,
3.5.2. the Performer has otherwise contacted you via the messaging system; or,
3.5.3. you are participating in a Streamed Event, in which case you can type live messages to the Performer that may be visible to other Fans,
but a Performer can contact you via the messaging system, whether or not you have subscribed to his or her Professional Profile.
3.6. Fans must subscribe to a Professional Profile to view it. Search results for unsubscribed Fans will show the relevant Professional Profile, but in a redacted form that will contain Preview Material and basic information about the Performer. The accuracy and content of the preview version of a Professional Profile, including (among other things) the Preview Material, shall be the responsibility of the Performer entirely and at all times the relationship between the Fan and the Performer shall be governed by the Standard Contract between Fans and Performers.
3.7. Performers earn money through this Website from Fees. All services and activities on the Website are paid for with SinChips, which are tokens that you purchase on the Website and are added to your wallet. To subscribe to a Professional Profile, you should click on the ‘Subscribe' button on the relevant Professional Profile on the Website. You will then be asked to buy SinChips or pay using SinChips and future recurrent monthly payments will be taken as set out in clause 3.11 below. For other services, you should click on the ‘Pay SinChips' and ‘Buy SinChips' (or similar) buttons in the relevant part of the Professional Profile. At all times, SinChips are accepted at the absolute discretion of SinTree. To pay a Tip, you should click on the ‘Tip' button on the relevant Professional Profile. Where you buy a gift for a Performer from the Gift Box on the Professional Profile, we will give the Performer the option of accepting the actual product from our online shop or a sum that we reasonably consider to be its monetary cost value.
3.8. SinChips:
3.8.1. will be valid for the duration of the user's account on this site. If a user account is terminated or deactivated for any reason, any SinChips in the user's wallet may be deleted; and,
3.8.2. have a notional monetary value that will allow us to account monthly to Performers for services rendered;
3.8.3. are utility tokens and therefore not regulated by the Financial Conduct Authority of the United Kingdom;
3.8.4. are not be redeemable for cash on any basis by Fans;
3.8.4. will be redeemed for services and activities on the site at a rate to be decided by SinTree from time-to-time; and,
3.8.5. may be exchanged for additional features or the privileges on the site
that may be available from time-to-time.
3.9. SinChips cannot be used to set-off or deduct any liabilities of users to SinTree or any other user of SinTree.
3.10. Fans are reminded that SinTree reserves the right, without notice to you, to terminate and delete your account, and delete any SinChips accumulated by you. To be clear, any termination or cancellation of your account, for any reason, will result in irrevocable loss of your right to any SinChips remaining in your wallet at the date of termination or cancellation.
3.11. We will take payments from your payment card or via our commercial payment processor. Payment of Subscription Fees shall be monthly in advance. Once your first payment is received by us as cleared funds, or prior to this at our discretion, the subscription is confirmed to the Performer and Subscriber by e-mail and you will then have access to the Material.
3.12. We reserve the right to vary the privileges and restrictions applicable to Subscribers from time-to-time, and the subscription models available, which will be notified to Users on the Website itself. In the event of late payment and there are insufficient SinChips in your wallet, we may suspend your access to Material until payment (including any penalty interest accrued) has been received.
3.13. For the abundance of clarity, the contractual terms between the Fan and the Performer will be as contained in the Standard Contract between Fans and Performers (which you may also be asked to expressly agree on paying Fees or in other circumstances), and it is the responsibility of the Fan and Performer to negotiate any additional contractual terms that they may consider appropriate or necessary in any particular circumstances, or in general circumstances for the Performer to specify as he or she may reasonably decide.
3.14. In the event of any conflict or inconsistency between the Standard Contract between Fans and Performers and this Agreement on the one hand, and on the other hand any special contractual terms negotiated between the parties, the special contractual terms shall take priority to the extent that this does not prejudice SinTree.
3.15. Subscription Fees paid will be held in escrow by SinTree, acting as a collection agent for the Performer in accordance with clause 7.1.4 below. SinTree reserves the right to engage a commercial payment processor for the purpose of receiving and processing payments from Users and others, and for holding funds in escrow, where appropriate.
3.16. In the event of a dispute or disagreement, clause 4.5 below shall apply. On receiving payment, or (if applicable) following a decision by SinTree in accordance with clause 4.5 below, SinTree will deduct and retain its service fees and remit the balance to the Performer.
3.17. Subject to the limitations in sub-clauses 7.1.1 and 7.1.2 below, we may from time-to-time offer to refer you to, or recommend to you, or allow to advertise on our Website, certain other services of third parties that we believe may be of interest to our Users.
3.18. All sums payable to SinTree under this Agreement are exclusive of amounts in respect of value added tax (VAT) chargeable for the time being at the current rate from time-to-time in force.
3.19. You will pay all amounts due to SinTree under this Agreement in full without any deduction or withholding and you will not be entitled to assert any credit, set-off or counterclaim against SinTree in order to justify withholding payment of any such amount in whole or in part.
4. Cancellations and Refunds
4.1. Subscription Fees and Additional Fees are non-refundable, regardless of payment method. A User may cancel a subscription by selecting that option in the Fan's own user profile. The cancellation shall take effect at the end of a period of thirty (30) days from the date of the last payment due date.
4.2. In the event of a cancellation by a Performer of a Scheduled Event, the User shall be refunded in full. In the event of a cancellation request from a User, provided cancellation is requested prior to commencement of the Scheduled Event, the User shall be refunded in full.
4.3. Where a cancellation request is received after the commencement of a Streamed Event, or the Performer exercises his or her right to block or eject a Fan from a Streamed Event and that Fan requests a refund, clause 4.5 below shall apply and SinTree will remit payment to the User or Performer, as the case may be, according to the provisions of that clause.
4.4. There may be circumstances in which it is considered appropriate for a User to request to vary the start time or other substantial material aspects of a Streamed Event by messaging the Performer via the Website. If the variation is not agreed and the User and Performer cannot otherwise agree on new arrangements, then the User's request shall be treated as a cancellation request and clauses 4.1 and 4.2 above shall apply.
4.5. SinTree encourages Users and Performers to resolve disputes and disagreements amicably between themselves. In the event of a dispute or disagreement arising between the User and Performer that cannot be resolved promptly, including a dispute or disagreement that touches and concerns this clause 4, SinTree reserves the right to determine whether the User should be entitled to a refund under the terms of this Agreement and what, if any amount, that refund should be. Our decision in this regard shall be entirely for the practical purpose of determining who shall be the payment beneficiary, shall be non-binding on the User and Performer respectively, and shall not prevent either of the User or Performer from pursuing litigation against the other in regard to any contract that may exist between them, including the Standard Contract between Fans and Performers.
5. User Reviews & Safeguarding
5.1. Users may be asked to provide feedback on Performers.
5.2. Reviews may be published on the relevant Performer's profile page and should be completed honestly. Users must not falsify feedback, manipulate or coerce another user by threatening negative feedback or offer incentives in exchange for feedback. Any attempts of this nature should be reported immediately to SinTree.
5.3. Feedback comments that are reported to us as defamatory, abusive or offensive will be reviewed and may be removed at our discretion.
5.4. We may anonymise or pseudonymise reviews on request by a User, or otherwise for the purposes of data protection where a User's account has been closed or terminated.
5.5. We reserve the right to immediately inform the police or social services or other appropriate authorities of any complaint or concern that we may become aware of that we believe indicates safeguarding concerns or criminal conduct.
6. Your Warranties and Obligations
6.1. You warrant that:
6.1.1. you are 18 years of age or older;
6.1.2. you are a human being and not a computer service or automated "bot";
6.1.3. you are a natural person not a body corporate and you will not commercially-exploit the Website and our services;
6.1.4. you are using this Website and our services of your own free will, are not acting under duress or slavery or any other arrangement that is exploitative or abusive of you or others;
6.1.5. you have provided accurate and valid information during the registration process;
6.1.6. you have read, understand and agree the Acceptable Use Policy;
6.1.7. will use the Website only for lawful purposes and you are not involved in sex trafficking or sex with minors or underage persons or any other illegal or abusive or exploitative behaviour; and,
6.1.8. during your use of the Website, you will not create, transmit, distribute,
or store material that infringes a trademark, copyright, trade secret, or other intellectual property rights of others; breach the privacy, publicity, or other personal rights of others; impair the privacy of communications; generate obscene, offensive, or inappropriate content; causes technical disturbances to the Website, including, but not limited to, introduction of viruses, worms, or other destructive mechanisms; create or send verbal, physical, written or other abuse (including threats of abuse or retribution) to any Performer, SinTree user, or employee, worker, contractor member or officer of SinTree.
6.2. All payments between Performers and Fans must be processed through SinTree, both for activities and services agreed on the Website and for any follow-on activities and services of whatever nature. Where additional or top-up payments are agreed between Performers and Fans, both shall immediately notify SinTree and the User will be invoiced accordingly. A Performer may seek express written permission from SinTree to allow payment by alternative means for a specific invoice or if the Performer intends to issue proceedings or pursue legal action against the Fan.
6.3. Any attempt to circumvent SinTree, including (among other things) any payment between Users and Performers outside of SinTree, shall be considered a substantial material breach of this Agreement unless the prior express written consent of SinTree has been obtained. Any such unauthorised payment (or attempt to pay) will lead to temporary and/or permanent suspension of the User and/or Performer's account. Users and Performers will be liable for any loss of business and other damages that result from circumvention of SinTree and any legal expenses that SinTree may incur in recovering such payment. Without prejudice to any other rights we may have, SinTree reserve the right to access and deduct from funds held in escrow in order to recover lost fees. Moreover, SinTree will not mediate any disputes between the Performer and the User or be liable to either's loss of business as a result of breach(es) of this clause. Users and Performers must report attempts or offers to make payment outside of SinTree by others to SinTree immediately and SinTree also reserves the right to monitor, read and moderate private messages for the purpose of ensuring compliance with this clause 6.3.
6.4. You must not breach any laws in your jurisdiction, including but not limited to any copyright laws.
6.5. You will use your account only for the purposes of a Fan. If you also wish to deliver services as a Performer, you must apply to open a Performer account.
6.6. You are prohibited from breaching or compromising, or attempting to breach or compromise, the security of the Website.
6.7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website without the express written permission of SinTree.
6.8. You understand that SinTree uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and other technology required to run the Website. If your bandwidth usage on the Website significantly exceeds the average bandwidth usage of the Website, as determined by SinTree, we reserve the right to limit your bandwidth to the Website.
6.9. In the event you breach any of the warranties in this clause 6 or elsewhere in this Agreement, or breach or fail to observe or perform any of your duties and obligations to us, we reserve the right to suspend your account on our Website with immediate effect. In the event of Default:
6.9.1. SinTree will, without limiting its other rights or remedies, have the right to:
6.9.1.1. suspend your access to the Website until you remedy the Default to SinTree's satisfaction; and,
6.9.1.2. rely on the Default to relieve it from the performance of any of its obligations to the extent the Default prevents or delays SinTree's performance of any of its obligations;
6.9.2. SinTree will not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from SinTree's failure to perform, or delay in performing, any obligation; and,
6.9.3. you will reimburse SinTree on written demand for any costs or losses sustained or incurred by SinTree arising directly or indirectly from the Default.
7. Acknowledgements
7.1. You acknowledge and agree that:
7.1.1. as a digital social media and video platform SinTree is not regulated by any regulatory body in any territory or jurisdiction;
7.1.2. SinTree is a digital social media and video platform that facilitates the delivery of services by Performers to Fans and not a provider of such services itself or other services of any kind beyond the provision of the platform itself, and all contractual relations and arrangements concerning the provision of such services are entirely a matter between you and the Performer. For the avoidance of all doubt SinTree does not employ or engage Performers on any basis whatsoever, nor does SinTree act as an employment business or recruitment agency. SinTree is in no way responsible or liable for the provision of such services, and you indemnify SinTree entirely in respect of the financial consequences of any breach of contract or breach of duty on the part of you or the Performer in the receipt or provision of these services;
7.1.3. for the avoidance of doubt, where we refer you to, or recommend, or allow to advertise on our Website, certain other third party business and/or service providers of whatever nature, this is on the clear understanding that we do not offer such services ourselves and any such referral, recommendation or concession to advertise should in no way be construed as our approval of that provider or any sort of warranty, guarantee or assurance as to the fitness of that provider, and in all respects you must rely on your own due diligences prior to entering into contractual relations with any third party business or provider;
7.1.4. SinTree will act as the Performer's commercial agent for the purpose of collecting and holding in escrow any payment you make, the Website merely providing a means for concluding any transaction between you and the Performer. Thus:
7.1.4.1. pursuant to clause 2(b) of Part 2 of the 2017 Payment Services Regulations, SinTree is exempt from the general requirement of the Financial Conduct Authority to register its money processing services; and,
7.1.4.2. SinTree shall have a duty to refund you only to the extent, and under the circumstances, specified in this Agreement;
7.1.5. use of the Website requires a Device and it is your responsibility to ensure that you use or have access to a Device;
7.1.6. notwithstanding the above, SinTree offers no warranty or assurance that your particular Device will be compatible with the Website and it remains at all times your responsibility to ensure compatibility and resolve any technical issues that may arise in this regard;
7.1.7. it is your responsibility to configure your Device or browser, or both, so that you are able to receive push notifications from us on the Website, including notification of messages from us and Performers. In any event, we do not guarantee that any notification functionality will operate effectively or at all at any particular time and you should not rely on e-mail notifications from us for any purpose;
7.1.8. we place very substantial reliance on facts, information and representations to us by Performers themselves. In particular, while we will carry out our own background checks on Performers, all Performers are self-employed and entirely independent of SinTree. At all times, you should rely on your own enquiries and due diligence in regard to any particular Performer, on any basis that you consider important, before you engage with and communicate with a Performer via this Website, as we neither offer nor imply any assurance or warranty in this regard. Please use the ‘Report' button to notify us of illegal or inappropriate content or content that otherwise breaches our Acceptable Use Policy; and,
7.1.9. Performers are under no obligation to accept a request from you, which they may accept or decline at will, for any reason or no reason. Performers may also eject or block you from their Streamed Events for any reason or no reason and at any time.
7.2. SinTree reserves the right to:
7.2.1. make any changes to the Website which are necessary to comply with any applicable law or regulation, or which in our opinion do not materially affect the nature or quality of the Website;
7.2.2. modify or remove parts the Website at any time; and,
7.2.3. edit, delete, modify and moderate all content, including Material and private messages, in our absolute discretion and without prior reference to you.
7.3. SinTree shall not be liable to you or to any third party for the adverse financial consequences of any modification, change to Fees or imposition of Fees, or the suspension or discontinuance of the Website.
8. Registration and Linking
8.1. Each registration for SinTree is for a single user only. SinTree does not permit you to share your username and password with any other person outside of the Website. Responsibility for the security of any passwords issued rests solely with you.
8.2. If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the Website, as the case may be, and subject to the following conditions:
8.2.1. you do not remove, distort or otherwise alter the size or appearance of SinTree name or logo;
8.2.2. you do not create a frame or any other browser or border environment around the Website;
8.2.3. you do not in any way imply that SinTree is endorsing any products or services other than our own;
8.2.4. you do not misrepresent your relationship with SinTree nor present any other false information about SinTree;
8.2.5. you do not otherwise use the name SinTree or any trademarks displayed on our Website, or any other services we may provide, without the express written permission from SinTree;
8.2.6. you do not link from a website that is not owned by you; and,
8.2.7. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
9. Intellectual Property Rights
9.1. As between SinTree and the User, all Intellectual Property Rights in or arising out of or in connection with the Website will be owned by SinTree. Subject to clause 9.2 below, SinTree licenses all such rights to the User on a non-exclusive, worldwide basis to such extent as is necessary to enable the Performer to make reasonable use of the Website. If this agreement is terminated, this licence will automatically terminate.
9.2. The User acknowledges that, in respect of any third party Intellectual Property Rights, the User's use of any such Intellectual Property Rights is conditional on SinTree obtaining a written licence from the relevant licensor on such terms as will entitle SinTree to license such rights to the User.
9.3. The User hereby warrants that any data, information, images or other content which it uploads to the Website will not infringe the Intellectual Property Rights of any third party or otherwise not comply with all applicable laws and regulations. The User will indemnify SinTree against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by SinTree arising out of or in connection with any breach by the User of this clause 9.3.
10. Communications and Transmissions
10.1. You agree that e-mail will be the official means of communication with SinTree. We may occasionally use other messaging services such as WhatsApp or internal messaging to account holders via the platform. As a business we take the welfare of all users of the platform as our number one priority. As such we reserve the right to monitor all communications transmitted via SinTree Platform.
10.2. Any material which the User uploads, transmits or posts to the Website will be considered non-confidential and non-proprietary. SinTree will have no obligations with respect to such material. SinTree and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
10.3. The User is prohibited from uploading, posting or transmitting to or from the Website any material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
11. Confidentiality
11.1. A party (Receiving Party) will keep in strict confidence all technical or commercial know-how, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party's business or its products or its services which the Receiving Party may obtain.
11.2. The Receiving Party will restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party's obligations under this agreement, and will ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party.
11.3. This clause 11 will survive termination of this Agreement.
12. Disclaimer
12.1. SinTree is not responsible for any incorrect or inaccurate content posted on the Website. The Website may be temporarily unavailable from time-to-time for maintenance or other reasons. SinTree assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. SinTree is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Website, including injury or damage to users or to any other person's computer related to or resulting from use of the Service.
12.2. SinTree does not warrant that (i). the Website will meet your specific requirements, (ii). the Website will be uninterrupted, timely, secure, or error-free, (iii). the results that may be obtained from the use of the service will be accurate or reliable, (iv). the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v). any errors in the Website will be corrected. The Website is provided "as-is" and SinTree disclaims all warranties, whether expressed or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. SinTree cannot guarantee and does not promise specific results or outcomes from use of the Website. Except in jurisdictions where such provisions are restricted, in no event will SinTree or any of SinTree's business associates (which for the purposes of these terms will include suppliers, advertisers, referrers, etc.) be liable to your or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising your use of the Website, even if SinTree has been advised of the possibility of such damages.
13. Limitation of Liability
13.1. Nothing in this Agreement will limit or exclude SinTree's liability for:
13.1.1. death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors; or,
13.1.2. fraud or fraudulent misrepresentation.
13.2. Subject to clause 13.1 above:
13.2.1. SinTree will under no circumstances whatsoever be liable to the User, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of sales or business, loss of agreements or contracts, loss of or damage to goodwill, loss of use or corruption of software, data or information or any indirect or consequential loss arising under or in connection with this agreement;
13.2.2. SinTree will under no circumstances be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond SinTree's control; and,
13.2.3. SinTree's total liability to the User in respect of all other losses arising under or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the sum of ONE HUNDRED POUNDS (£100).
13.3. SinTree will use reasonable endeavours to ensure that the information or materials contained on the Website are accurate and complete. SinTree reserves the right to make such changes or updates to the material or processes on the Website as it deems necessary from time-to-time. The Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, SinTree provides the Website on the basis that SinTree excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website.
13.4. This clause 13 will survive termination of this Agreement.
14. Indemnity
You agree to indemnify, and that no liability shall accrue to, SinTree, its subsidiaries, affiliates, officers, agents, and other partners and employees, from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Website in breach of this Agreement or your breach of any law or the rights of a third party.
15. Customer Data
15.1. The Parties acknowledge that with regards to their relationship and all the data, including but not limited to customer data, SinTree is the Data Controller and Data Processor, such meaning been given to them under the Data Protection Act 1988.
15.2. Any data and documents you collect from this Website regarding the Performer that is not public information or disclosed publicly should be processed by you strictly in accordance with the Data Protection Act 1988 and any professional and regulatory standards that may apply. Similarly, the Performer may collect customer information separately by itself and in such cases, Performer will be the Data Controller and Data Processors. Although, for any customer information stored on or processed through any platform provided by SinTree, SinTree is the Data Controller and Data Processor.
15.3. SinTree has agreed with the Performer that:
15.3.1. the Performer will not use any data collected through SinTree Services for any purpose other than fulfilment of the Performer's activities and services on this Platform;
15.3.2. the Performer, in their capacity as Data Controller and Data Processor, shall comply with all data protection legislation and take all appropriate technical and organisational measures to protect the personal data against any unauthorised or unlawful processing of the data; and,
15.3.3. the Performer must take all reasonable steps to ensure that no personal data is published, disclosed, divulged or transferred to any third party or the Performer's agents or contractors, without prior consent of SinTree.
15.4. SinTree will retain your data for as long as is necessary, and for a period of up to six (6) years following closure or termination of your account. We may:
15.4.1. share your customer data with third party service providers for the purpose of fulfilling our services to you, including (among other things) account administration and informing you about SinTree's services in the future;
15.4.2. use cookies in the Website, and you may also have the option of activating and de-activating (as the case may be) cookies through your browser.
15.5. This clause 15 shall survive the termination or expiry of this Agreement.
16. Cancelling (Deactivating) Your Account
16.1. Accounts may be cancelled in the Website by a User at any time by completing the cancellation process. This is known as account deactivation and will mean:
16.1.1. your account will be deactivated and can no longer be accessed;
16.1.2. subject to clause 16.4 below, your account will no longer be charged Fees;
16.1.3. all of your rights granted under this Agreement will immediately come to an end; and,
16.1.4. all of your data and content may be deleted from our systems (on request).
16.2. SinTree may suspend or cancel a User's account at any time and/or block IP addresses for any reason or no reason and with or without notice to the User or any other User or party they may have business with on or off the Website.
16.3. We provide no guarantee that your content can be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.
16.4. Any outstanding Fees will remain due and owing, notwithstanding
deactivation, and we reserve the right to delay deactivation until such time as all Fees, penalty interest and professional fees and costs due and owing, and/or accruing and compounding, have been paid.
17. Termination
17.1. Without limiting its other rights or remedies, each party may terminate this Agreement with immediate effect by giving written notice to the other party if:
17.1.1. the other party commits a material breach of this Agreement and (if such a breach is remediable) fails to remedy that breach within seven (7) days of that party being notified in writing of the breach;
17.1.2. the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;
17.1.3. the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
17.1.4. a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
17.1.5. the other party (being an individual) is the subject of a bankruptcy petition or order;
17.1.6. a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within fourteen (14) days;
17.1.7. an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company);
17.1.8. a floating charge holder over the assets of that other party (being a company) has become entitled to appoint or has appointed an administrative receiver;
17.1.9. a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;
17.1.10. any event occurs or proceeding is taken with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in sub-clauses 17.1.2 to 17.1.9 (inclusive) above;
17.1.11. the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; or,
17.1.12. the other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.
17.2. Without limiting its other rights or remedies, SinTree will have the right to suspend provision of the Website under this Agreement or any other agreement between the Parties if the User becomes subject to any of the events listed in sub-clauses 17.1.2 to clause 17.1.12 inclusive above, or SinTree reasonably believes that the User is about to become subject to any of them, or if the User fails to pay any amount due under this Agreement on the due date for payment.
18. Consequences of Termination
On termination of this Agreement for any reason:
18.1. the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination will not be affected, including the right to claim damages in respect of any breach of this agreement which existed at or before the date of termination or expiry; and,
18.2. clauses which expressly or by implication have effect after termination will continue in full force and effect.
19. Force Majeure
19.1. For the purposes of this agreement, Force Majeure Event means an event beyond the reasonable control of SinTree including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of SinTree or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of SinTree or subcontractors.
19.2. SinTree will not be liable to the User as a result of any delay or failure to perform its obligations under this agreement as a result of a Force Majeure Event.
19.3. If the Force Majeure Event prevents SinTree from providing any of the Services for more than eight (8) weeks, SinTree will, without limiting its other rights or remedies, have the right to terminate this agreement immediately by giving written notice to the User.
20. General Provisions
20.1. Assignment and Subcontracting.
20.1.1. SinTree may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the agreement and may subcontract or delegate in any manner any or all of its obligations under the agreement to any third party or agent.
20.1.2. The User will not, without the prior written consent of SinTree, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the agreement.
20.2. Notices.
20.2.1. Any notice or other communication required to be given to a party under or in connection with this agreement will be in writing and will be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business or sent by fax to the other party's main fax number.
20.2.2. Any notice or other communication will be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed, or if sent by fax, on the next Business Day after transmission.
20.2.3. This clause 20.2 will not apply to the service of any proceedings or other documents in any legal action. For the purposes of this clause, "writing" will not include e-mails and for the avoidance of doubt notice given under this agreement will not be validly served if sent by e-mail.
20.3. Waiver.
A waiver of any right under this Agreement is only effective if it is in writing and will not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the agreement or by law will constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy will preclude or restrict the further exercise of that or any other right or remedy.
20.4. Severance.
20.4.1. If a court or any other competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of this Agreement will not be affected.
20.4.2. If any invalid, unenforceable or illegal provision of this Agreement would be valid, enforceable and legal if some part of it were deleted, the provision will apply with the minimum modification necessary to make it legal, valid and enforceable.
20.5 SinTree reserves the right to revise and amend this Agreement from time-to-time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in our Services offered, changes in relevant laws and regulatory requirements and changes in our system's capabilities, so please review our terms regularly.
20.6. No Partnership or Agency.
Nothing in this Agreement is intended to, or will be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party will have authority to act as agent for, or to bind, the other party in any way.
20.7. Entire Agreement
This Agreement constitutes the entire agreement between the parties and
supersedes and extinguishes all previous agreements, promises, assurances,
warranties, representations and understandings between them, whether written or
oral, relating to its subject matter. Each party agrees that it will have no remedies in
respect of any statement, representation, assurance or warranty (whether made
innocently or negligently) that is not set out in this Agreement. Each party agrees
that it will have no claim for innocent or negligent misrepresentation based on any
statement in this Agreement.
20.8. Third Parties.
A person who is not a party to this Agreement will not have any rights under or in connection with it.
20.9. Rights and Remedies.
The rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
20.10. Variation.
Except as set out in this Agreement, any variation, including the introduction of any additional terms and conditions to this Agreement, will only be binding when agreed in writing and signed by SinTree.
20.11. Electronic Signatures.
This Agreement may be agreed to electronically.
20.12. Governing Law and Jurisdiction.
This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales, save that SinTree reserves the right to pursue injunctive relief and/or enforcement proceedings in the User's local jurisdiction, if that is different to England & Wales.
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