Standard Agreement Between User and Creator

Last Updated: 31/07/2025

This standard agreement between the User and the Creator sets out the terms that govern each transaction between a User and a Creator on AlbumSelectioin.

Definitions

In this agreement, the following definitions apply:

“ Content ” means any material uploaded to AlbumSelection by any person (whether a Creator or a User), including any photos, videos, audio (for example, music and other sounds), livestream material, data, text (including comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material.

Creator ” means a content creator who has set up their AlbumSelection account as a Creator account to post Content on AlbumSelection to be viewed by Users.

AlbumSelection ” means the website located at https://albumselection.com/ .

“ Platform Fee ” means the fee charged by Upperstage Eng to Creators in accordance with the Creator Supplement ^[a] .

“ Relevant Content ” has the meaning set out in section 5.

“ Subscription ” means a User’s subscription to a Creator’s account.

“ User ” means an end user who follows a Creator and can view the Creator’s Content.

“ User/Creator Transaction ” means any transaction between a User and a Creator on AlbumSelection by which access is granted to the Creator’s Content, including in any of the following ways: (1) a Subscription, (2) payments made by a User to view a Creator’s pay-per-view Content (pay-per-view media and pay-per-view live stream), and (3) use by the User of the user interaction function on a Creator’s account.

“ User Payment ” means (1) any payments made by a User regarding any User/Creator Transaction, and (2) any tips.

“ You ” or “ your ” means a Creator or a User or both.

Applicability

Each time a User/Creator Transaction is initiated on AlbumSelection, this agreement will apply to the exclusion of any other terms that the User or Creator may propose, and this agreement legally binds the User and Creator participating in the User/Creator Transaction.

Parties

The only parties to this agreement are the User and Creator participating in the User/Creator Transaction. Upperstage Eng. is not a party to this agreement, and neither grants any rights for, nor participates in, any User/Creator Transaction, except for acting as a payment intermediary in accordance with the Creator’s and User’s instructions set out in section 4 of this agreement.

Pricing and Payment

By entering into a User/Creator Transaction, the User shall pay the User Payment applicable to the relevant User/Creator Transaction in accordance with the pricing published in the Creator’s account. The User and Creator participating in the User/Creator Transaction hereby authorize Upperstage Eng or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the User Payment, to deduct the Platform Fee, and to pay out the sums due to Creators, as described in the Creator Supplement ^[b] .

Content License

Once the User has made the User Payment for a User/Creator Transaction, the Creator hereby grants the User a limited license to access the applicable Content of that Creator to which the User/Creator Transaction relates (“ Relevant Content ”). This license is nontransferable, nonsublicensable, and nonexclusive, and allows the User to access and view the Relevant Content on the User’s personal device and through a normal web browser (and to make a temporary copy of that Content only to the extent that this is an incidental and technical process forming part of the User’s accessing the Content (i.e., caching)), in accordance with the AlbumSelection Acceptable Use Policy ^[c] .

Content Ownership

The User participating in the User/Creator Transaction acknowledges that the Relevant Content license provided in section 5 of this agreement does not result in the User acquiring any rights in the Relevant Content, which rights will be retained by the Creator of the Relevant Content.

License Termination

The license granted to a User for the Relevant Content will terminate automatically without notice in the following circumstances:

if the User Payment related to the User/Creator Transaction was unsuccessful or is charged back or reversed for any reason;
as to pay-per-view Content, once the User has finished viewing the Content;
as to Subscriptions, at the end of the subscription period, unless the Subscription is configured to automatically renew as described in the Terms-of-Service Agreement ^[d] ;
if the User’s account is suspended or terminated for any reason;
if the User breaches the AlbumSelection Acceptable Use Policy ^[e] (whether as to the Relevant Content or at all);
if the Content is removed from the Creator’s account; or
if the User closes their AlbumSelection account.

Cancellation and Refunds

As to every User/Creator Transaction:

The User acknowledges that the User/Creator Transaction will result in a supply of the Relevant Content to the User before the end of 14 days from the date when the User/Creator Transaction is entered into, and the User gives their express consent to this and confirms to the Creator that they are aware that any statutory right to cancel the User/Creator Transaction that the User has under law will be lost.
This agreement does not affect any statutory right to receive a refund from the Creator that a User may have under law.

Creator and User Obligations

As to every User/Creator Transaction:

The User and the Creator participating in the User/Creator Transaction shall comply at all times with the AlbumSelection Acceptable Use Policy ^[f] for the Relevant Content, including when accessing, viewing, and interacting with it.
The User participating in the User/Creator Transaction shall make the User Payment required to access, view, or interact with the Relevant Content, and shall not initiate a chargeback other than if the User disputes the User/Creator Transaction in good faith.
The Creator participating in the User/Creator Transaction shall make the Relevant Content available to the User once the User has made the User Payment applicable to the Relevant Content, including by producing any custom Content in accordance with the terms agreed to by the parties at checkout.
The Creator states that it possesses all necessary rights in the Relevant Content sufficient to license it to the User in the territory in which the User will be accessing or viewing the Relevant Content and has obtained all permissions and consents needed to grant the license in section 5 of this agreement.
The Creator is solely responsible for creating and uploading the Relevant Content. The Creator provides no guarantees that it will continue to create and upload Relevant Content on an ongoing basis.
Unless there has been negligence or other breach of duty by the Creator, the User’s accessing of the Creator’s Content is entirely at the User’s own risk.

No Guarantees

The User participating in the User/Creator Transaction acknowledges that Creators may add and remove Content at any time from their Creator account, and that Creators have the discretion to decide what sort of Content to make available on their account. In addition, the User participating in the User/Creator Transaction acknowledges that there might be circumstances where it is not possible for the User to access Relevant Content to be provided under the User/Creator Transaction, including:

if the Creator’s account is suspended or deleted;
if the User’s account is suspended or deleted;
if the availability of any part of the AlbumSelection website is suspended or inaccessible; or
if the Creator cannot create or upload Relevant Content in the future.

Governing Law and Dispute Resolution

Cypriot law governs all adversarial proceedings arising out of the subject matter of this agreement. The User may also rely on mandatory rules of the law of the jurisdiction where the User lives.
As the exclusive means of initiating adversarial proceedings to resolve any dispute arising out of the subject matter of this agreement, a party may demand that the dispute be resolved by arbitration administered by Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is not available) in accordance with its arbitration rules available at www.arbresolutions.com , and each party hereby consents to any such dispute being so resolved. Judgment on any award rendered in any such arbitration may be entered in any court having jurisdiction.
Any disputes not subject to arbitration must be brought in the courts of competent jurisdiction where the User resides.

Standard Agreement Between User and Creator

Last Updated: 31/07/2025

Definitions

In this agreement, the following definitions apply:

Creator ” means a content creator who has set up their AlbumSelection account as a Creator account to post Content on AlbumSelection to be viewed by Users.

AlbumSelection ” means the website located at https://albumselection.com/ .

“ Platform Fee ” means the fee charged by Upperstage Eng to Creators in accordance with the Creator Supplement [a] .

“ Relevant Content ” has the meaning set out in section 5.

“ Subscription ” means a User’s subscription to a Creator’s account.

“ User ” means an end user who follows a Creator and can view the Creator’s Content.

“ User Payment ” means (1) any payments made by a User regarding any User/Creator Transaction, and (2) any tips.

“ You ” or “ your ” means a Creator or a User or both.

Applicability

Each time a User/Creator Transaction is initiated on AlbumSelection, this agreement will apply to the exclusion of any other terms that the User or Creator may propose, and this agreement legally binds the User and Creator participating in the User/Creator Transaction.

Parties

Pricing and Payment

Content License

Content Ownership

The User participating in the User/Creator Transaction acknowledges that the Relevant Content license provided in section 5 of this agreement does not result in the User acquiring any rights in the Relevant Content, which rights will be retained by the Creator of the Relevant Content.

License Termination

The license granted to a User for the Relevant Content will terminate automatically without notice in the following circumstances:

if the User Payment related to the User/Creator Transaction was unsuccessful or is charged back or reversed for any reason;

as to pay-per-view Content, once the User has finished viewing the Content;

as to Subscriptions, at the end of the subscription period, unless the Subscription is configured to automatically renew as described in the Terms-of-Service Agreement [d] ;

if the User’s account is suspended or terminated for any reason;

if the User breaches the AlbumSelection Acceptable Use Policy [e] (whether as to the Relevant Content or at all);

if the Content is removed from the Creator’s account; or

if the User closes their AlbumSelection account.

Cancellation and Refunds

As to every User/Creator Transaction:

This agreement does not affect any statutory right to receive a refund from the Creator that a User may have under law.

Creator and User Obligations

As to every User/Creator Transaction:

The User and the Creator participating in the User/Creator Transaction shall comply at all times with the AlbumSelection Acceptable Use Policy [f] for the Relevant Content, including when accessing, viewing, and interacting with it.

The User participating in the User/Creator Transaction shall make the User Payment required to access, view, or interact with the Relevant Content, and shall not initiate a chargeback other than if the User disputes the User/Creator Transaction in good faith.

The Creator participating in the User/Creator Transaction shall make the Relevant Content available to the User once the User has made the User Payment applicable to the Relevant Content, including by producing any custom Content in accordance with the terms agreed to by the parties at checkout.

The Creator is solely responsible for creating and uploading the Relevant Content. The Creator provides no guarantees that it will continue to create and upload Relevant Content on an ongoing basis.

Unless there has been negligence or other breach of duty by the Creator, the User’s accessing of the Creator’s Content is entirely at the User’s own risk.

No Guarantees

if the Creator’s account is suspended or deleted;

if the User’s account is suspended or deleted;

if the availability of any part of the AlbumSelection website is suspended or inaccessible; or

if the Creator cannot create or upload Relevant Content in the future.

Governing Law and Dispute Resolution

Cypriot law governs all adversarial proceedings arising out of the subject matter of this agreement. The User may also rely on mandatory rules of the law of the jurisdiction where the User lives.

Any disputes not subject to arbitration must be brought in the courts of competent jurisdiction where the User resides.

“ Platform Fee ” means the fee charged by Upperstage Eng to Creators in accordance with the Creator Supplement ^[a] .

as to Subscriptions, at the end of the subscription period, unless the Subscription is configured to automatically renew as described in the Terms-of-Service Agreement ^[d] ;

if the User breaches the AlbumSelection Acceptable Use Policy ^[e] (whether as to the Relevant Content or at all);

The User and the Creator participating in the User/Creator Transaction shall comply at all times with the AlbumSelection Acceptable Use Policy ^[f] for the Relevant Content, including when accessing, viewing, and interacting with it.