SERVICE LEVEL AGREEMENT FOR CLOUDSTRINGERS SERVICE


1. Scope and Definitions

1.1 This Service Level Agreement (SLA) is an agreement between the User and Cloud Stringer (S) PTE. LTD. pertaining to the use of the Cloud Stringers Service in the designated Territory.

1.2 "Cloud Stringers Service" (hereinafter "CSS") refers to the cloud-based service that Cloud Stringers System operates. CSS allows Users to upload Content from, inter alia, a Wi-Fi enabled SD card, a Wi-Fi enabled video camera, or a PC with internet connection to the Cloud Stringers System. CSS also allows Users to store the uploaded Content and, if desired, convert the Content into various other resolutions and other formats (MPEG4, WMV, etc.). CSS includes a Marketplace Service that allows Users to publish Content to a platform so other Users may view the Content. These other Users may use the Marketplace Service to preview and purchase Content. While the Content Price is initially prescribed by the publishing User, CSS reserves the right to change the Content Price at its discretion. The Marketplace Service further includes an Auctioning Service, wherein publishing Users may offer Content for sale by auctioning. In the Auctioning Service, publishing User may initially prescribe a Reserve Price, a Cut-off Time, an Auctioning Time Gap and the Number of Re-runs; CSS reserves the right to change the Reserve Price, Cut-off Time, Auction Time Gap and the Number of Re-runs at its discretion.

1.3 In this SLA, the following words and expressions have the following meanings:

"Auctioning Service" means a service under the Cloud Stringers Service; this service allows Users to place their Content onto a price-bidding marketplace.

"Auctioning Service Cut-off Time" means a feature of the Auctioning Service which defines the amount of time which shall lapse before online price-bidding is closed.

"Auctioning Service Reserve Price" means a feature of the Auctioning Service which defines the minimum price at which a particular Content is to be transacted.

"Auctioning Service Number of Re-runs" means a feature of the Auctioning Service which defines the number of times a particular Content may be placed for bidding on the Auctioning Service.

"Auctioning Time Gap" means a feature of the Auctioning Service which defines the amount of time to be added to the Auctioning Service Cut-off Time after the first transaction has been completed.

"Cloud Stringers Service" means the overall service covered by this SLA, and being rendered to the Users. The Cloud Stringers Service comprising the various services as defined in Clause 2.1.

"Cloud Stringers System" means the hardware and software architecture used to support the Cloud Stringers Service.

"Content" means the video clips, pictures, and any other media file transacted using the Cloud Stringers Service.

"Content Price" means the price set by the User for a specific Content.

"User" means any individual or entity that has a Cloud Stringers account(s).

"Territory" refers to the specified country as defined in Annex A.

1.4 The words and expressions used in this SLA that are not defined shall be read in their plain meanings, unless the context requires otherwise.

2. Users Who Sell Content

2.1 DISCLAIMER: Cloud Stringers states without reservation that Content uploaded by Users into Cloud Stringers servers must comply with Singapore MDA Regulations with regards to uploaded content. In addition, Users must also comply with the relevant internet and media content regulations of the designated Territory. Cloud Stringers will not be responsible for inappropriate content, sexually explicit content, or content that is otherwise offensive to the general public, uploaded by Users into Cloud Stringers servers with or without the knowledge of Cloud Stringers. Cloud Stringers works closely with the authorities and will report Content deemed to be inappropriate and/or offensive in nature.

Where "Singapore MDA Regulations" refers to, inter alia, Singapore's Media Development Authority's Requirements of Consumer Advice, Classification Requirements , Declaration of Contents Initiative, Label Specification compliance (where required), adherence to Industry Self-Regulation standards and norms, Niche Code (for internet protocol television), Free-to-Air TV Program Code (for free to air television broadcasts), TV Advertising Code (for free to air television broadcasts), and the TV Program Sponsorship Code (for free to air television broadcasts).

2.2 By using the Cloud Stringers Service under this agreement, Users agrees:

(a) To pay the Prescribed Fee to Cloud Stringers at the prescribed time. See Annex A.

(b) Cloud Stringers reserves the right to alter the Prescribed Fee and change the prescribed period for payment at any time upon giving reasonable notice to User.

(c) To pay any Applicable Fee(s) incurred upon using third-party payment gateways.

(d) Cloud Stringers reserves the right to alter the Content Price, Auctioning Service Reserve Price, Auctioning Service Cut-off Time, Auctioning Service Auction Time Gap and Auctioning Service Number of Re-runs.

(e) To Upload only content that complies with the Singapore MDA Guidelines and Regulations.

(f) To Upload only content that is not offensive or otherwise inappropriate for the general public. Offensive or inappropriate content is content that contains, inter alia:

a. pornography or sexually explicit content;

b. animal abuse, drug abuse, or bomb making;

c. Graphic or gratuitous violence offensive to the general public;

d. gross-out Content of victims of accidents, dead bodies and similar things;

e. copyrighted material, such as Content you didn't make, or use media in your Content that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by other users, without necessary authorizations;

f. hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity);

g. predatory behavior, stalking, threats, harassment, invading privacy, or the revealing of other members' personal information;

h. misleading descriptions, tags, titles or thumbnails in order to increase views.

2.3 If User fails to meet any of the obligations under Clause 2.2, Cloud Stringers may take reasonable and appropriate action to rectify the issue, including but not limited to:

(a) terminating User's account without prior notice;

(b) freezing User's sales credits and account indefinitely;

(c) deleting User's files within Cloud Stringers" servers, and/or managing User's files in any way in which Cloud Stringers deems appropriate; or

(d) any other action which Cloud Stringers deems appropriate.

2.4 Cloud Stringers agrees to use diligent and reasonable efforts to ensure that the Cloud Stringer Service remains functional and available to all Customers. However, Cloud Stringers will not be held liable for any loses which accrue as a result of interruption or termination of the Cloud Stringer Service.

2.5 By using the Cloud Stringers Service under this agreement, Users agree that Cloud Stringers reserves the right to remove/delete contents published on Marketplace Service if no transactions (i.e. buy or sell) occurs within a year. For example, if a published content is successfully sold twice in a year and in the 2nd year no sales occurs then Cloud Stringers reserved the right to remove/delete the contents in the 2nd year.

3. Users Who Purchase Content

3.1 DISCLAIMER: Cloud Stringers states without reservation that Cloud Stringers is not responsible for the manner in which User utilizes Content downloaded from Cloud Stringers. User is solely responsible for compliance with the relevant media usage regulations of User's jurisdiction. Cloud Stringers is not responsible for any inappropriate Content, sexually explicit content, or content that is otherwise offensive to the general public, which User chooses to broadcast and/or publish with or without the knowledge of Cloud Stringers. Cloud Stringers works closely with the authorities and will report Users that broadcast and/or publish Content that contravenes the Singapore MDA Regulations or that is otherwise offensive to the general public.

Where "Singapore MDA Regulations" refers to, inter alia, Singapore's Media Development Authority's Requirements of Consumer Advice, Classification Requirements , Declaration of Contents Initiative, Label Specification compliance (where required), adherence to Industry Self-Regulation standards and norms, Niche Code (for internet protocol television), Free-to-Air TV Program Code (for free to air television broadcasts), TV Advertising Code (for free to air television broadcasts), and the TV Program Sponsorship Code (for free to air television broadcasts).

3.2 By using the Cloud Stringers Service under this agreement, User agrees:

(a) To pay the Prescribed Fee to Cloud Stringers at the prescribed time. See Annex A.

(b) Cloud Stringers reserves the right to alter the Prescribed Fee and change the prescribed period for payment at any time upon giving reasonable notice to User.

(c) To pay any Applicable Fee(s) incurred upon using third-party payment gateways.

(d) To download only content that complies with the Singapore MDA Guidelines and Regulations.

(e) To broadcast and/or publish only content that complies with the Singapore MDA guidelines and regulations.

(f) To broadcast and/or publish only content that not offensive or otherwise inappropriate for the general public. Offensive or inappropriate content is content that contains, inter alia:

a. pornography or sexually explicit content;

b.animal abuse, drug abuse, or bomb making;

c. graphic or gratuitous violence offensive to the general public;

d. gross-out Content of victims of accidents, dead bodies and similar things;

e. copyrighted material, without necessary authorizations;

f. hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity);

g. predatory behavior, stalking, threats, harassment, invading privacy, or the revealing of other members' personal information;

h. misleading descriptions, tags, titles or thumbnails in order to increase views.

(g) To promptly inform Cloud Stringers of any Content that User deems to contravene Clause 3.2(b), Clause 3.2(c), and Clause 3.2(d).

3.3 In addition to User's obligations under Clause 3.2, publishing User also agrees that other Users who have purchased the Content are entitled to broadcast/publish as well as to re-sell the content at will.

3.4 Any User who has placed content for sale using the Auction Service agrees not to re-sell or otherwise cause the content to be distributed to other parties during the period which any exclusive license is in effect. For example, if a User has successfully sold a video clip via the Auction Service to a broadcasting company, the User may not re-sell or re-distribute that video clip, or alterations of such aforementioned clip, during the period the broadcasting company has the exclusive license to the video clip. WARNING: User's re-sale or distribution of Content, even legally purchased content, constitutes a violation of the exclusive licensing agreement and could subject the offending User to sanctions as described in Clause 3.5.

3.5 If User fails to meet any of the obligations under Clause 3.2, Clause 3.3, and Clause 3.4, Cloud Stringers may take reasonable and appropriate action to rectify the issue, including but not limited to:

(a) terminating User's account without prior notice;

(b) freezing User's sales credits and account indefinitely;

(c) deleting User's files within Cloud Stringers" servers, and/or managing User's files in any way in which Cloud Stringers deems appropriate; or

(d) any other action which Cloud Stringers deems appropriate, including taking legal action against alleged perpetrators.

4. Remedies

4.1 Customer's sole and exclusive remedy for any failure in the performance of the Service will be compensation in an amount determined by Cloud Stringers. Cloud Stringers shall not be liable to the Customer or any person claiming through the Customer for any direct, indirect, consequential or incidental damages or losses or expenses whatsoever, including but not limited to, loss of profits or business and irrespective of whether the claim arises in contract, tort (including negligence, or otherwise.

5. Miscellaneous

5.1 Privacy Policy . Cloud Stringers holds your privacy and personal information with utmost confidentiality. We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. We may combine your information with information we collect from other companies and use it to improve and personalize our services, content, and advertising. You accept this Privacy Policy when you sign up for, access, or use our products, services, content, features, technologies or functions offered on our website and all related sites. We may amend this policy at any time by posting a revised version on our website. The revised version will be effective at the time we post it. In addition, if the revised version includes a substantial change, we will provide you with 30 days" prior notice by posting notice of the change on the "Policy Updates" page of our website.

5.2 Lost/Stolen Wireless SD Cards . All users of the Cloud Stringer Service are strongly encouraged to report any lost or stolen wireless SD cards to Cloud Stringers within 24 hours. This is to help safeguard your account and prevent unauthorized uploading of content to your Cloud Stringer Account. There will be a nominal administrative fee charged to change the wireless SD card associated with your account.

5.3 Unauthorized & Inappropriate Conduct . Cloud Stringer aspires to provide quality digital content to both consumer and business Users alike. As such, Cloud Stringer regularly monitors the Marketplace, as well as the Auction Site, for any untoward conduct by users. If Cloud Stringers has reason to believe that a user is engaged in unauthorized or otherwise inappropriate conduct, Cloud Stringers reserves the right to take action as that which we deem appropriate, including deleting user accounts or retaining a user's digital content.


Annex A

1. Scope and Definitions

1.1 The "Territory" as stipulated in Clause 1.3 refers to the country in which the User is located.

2. Prescribed Fee

The "Prescribed Fee" as stipulated in Clause 2.2(a) and Clause 3.2(a) refers to:

2.1.1 The monthly Storage Fee . Please refer to Table 1.1 below for the breakdown of the Storage Fees.

2.1.2 A Transaction Fee of USD 1.00 or 0.5% of the total transacted amount, whichever higher , for each transaction using the CSS, payable immediately at the time of transaction. For the avoidance of doubt, the Transaction Fee stipulated herein applies to both the User who is selling Content as well as to the User who is purchasing the Content.

2.1.3 An Auctioning Service Fee of USD 50.00 is payable for each piece of Content (e.g., a video clip) put up for sale via the Auctioning Service. Users who purchase any Content via the Auctioning Service will have an exclusive license to broadcast or re-distribute the Content for a period of 12 hours from the time of purchase. The auctioned Content will be taken down after it has been purchased, or after 12 hours , whichever is sooner.

3. Applicable Fee

The "Applicable Fee(s)" stipulated in Clause 2.2(c) and 3.2(c) refers to any fee imposed by thried party payment gateways (Paypal, Visa etc.).




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