JOWO VIP Membership Service Agreement
Effective Date: November 1, 2024
This “JOWO VIP Membership Service Agreement” (hereinafter referred to as “this Agreement”) is an agreement between you and CREST DIGITAL MEDIA PTE. LTD. (hereinafter referred to as “we” or “us”) regarding your becoming a VIP member of the software product “JOWO” under us (hereinafter referred to as “VIP Member”) and using the VIP membership services we provide (hereinafter referred to as “the Service”). The VIP membership services referred to in this Agreement only include the value-added services provided by us through the software product JOWO, and do not include products and value-added services provided by other companies.
Please read this Agreement, the Service Agreement, and the Privacy Policy (collectively referred to as the Agreements) carefully. Your use of the Service (including clicking to agree to this Agreement and paying any fees for the Service) will be deemed as your reading, understanding, and agreeing to the Agreements and accepting their binding terms.
1.1 Definition of JOWO Membership
A JOWO member is a natural person who has completed all procedures to become a JOWO member and, under the premise of complying with this Agreement, enjoys the VIP membership services provided by us within the validity period of the membership. As a VIP member, you have the right to unlock all episodes in the JOWO application, but this does not include future possible early access to serialized episodes and pay-per-view services required by copyright holders.
1.2 Special Instructions on Pay-Per-View
When your VIP membership is valid, you can watch all updated video contents on our platform. However, some videos require additional payment for early access. For such video contents, you can pay for on-demand viewing by purchasing tokens. We will clearly mark the contents that require pay-per-view and provide prompts and explanations on the relevant pages. Please read carefully and choose whether to purchase before buying. Different video contents have different on-demand pricing. Please confirm the video contents you need to watch and the corresponding prices before paying for on-demand viewings.
You acknowledge and agree that the content for pay-per-view has a corresponding usage validity period, starting from the time you successfully pay. The specific validity period will be clearly marked on the relevant page, and you can check the remaining validity period upon successful payment. Once you pay successfully, it means you accept the validity period limitation. We recommend using it promptly. After the validity period expires, regardless of whether you have finished watching the related video contents, the fees you have paid will not be refunded or compensated in any form.
You acknowledge and agree that, based on copyright conditions and operational policy needs, we have the right to provide some or all of the video contents you paid for on-demand to other users for free after a certain period.
1.3 Changes to Service Content
You acknowledge that, we have the right to adjust part or all of the VIP membership benefits and/or service contents (including but not limited to changing, adding, reducing, optimizing membership benefits and/or service types, membership packages, and service charging standards, modifying membership names and/or benefit details, adding or changing additional paid contents and/or rules, adjusting and optimizing some product functions, etc.) based on legal and regulatory changes, operational strategies, user needs, and other reasons. We will notify you of such adjustments on the service page or in other reasonable ways. Please check and read carefully promptly. We will also try to minimize the impact of such adjustments on your existing membership benefits.
You acknowledge that the scheduling time and plan of video contents as part of the VIP membership services are determined by us based on our operational strategies. Please refer to the video page display for specifics. Special instructions: In regards to paid video contents, the scheduling time, payment plan, and the free access time for membership and non-membership users are also determined by us based on copyright holder requirements or our operational strategies. We also have the right to make partial adjustments to the scheduling of video contents based on legal and regulatory changes, copyright status changes, operational strategies, and user needs, including but not limited to adjusting video broadcast progress, suspending updates of some video contents, or taking some video contents offline. If contents are taken offline, even if you have downloaded or cached them locally, you may still have problems with accessing them.
You are responsible for properly keeping your VIP membership account, account information, and account password. You should take all necessary and effective measures to protect your account information and password (if using a third-party account, such as an iOS account, you should protect that third-party account information and password). To the maximum extent permitted by applicable law, we are not responsible for any loss caused by the disclosure of account information (including your account password) not due to our reasons and/or any loss caused by improper use or storage of the account, but we will provide necessary assistance within a reasonable range according to the law.
You can log in to the “VIP Member” page to view your VIP membership account information, including the remaining time of the current subscription period, subscription fees, etc., and view transaction history on the “My” page.
If you purchase VIP membership services without logging in, the account will be bound to your third-party account by default. If you change devices, please click “Restore” on the “VIP Member” page to restore your membership benefits. If restoration is not possible, please contact customer service, and we will provide necessary assistance within a reasonable range.
3.1Fee Methods and Standards
3.1.1 Some content of the Service may need to be exchanged using tokens. You can unlock such content by “purchasing” tokens and/or “becoming a VIP member.” You can choose to purchase tokens or pay for VIP membership fees (hereinafter referred to as “subscription fees”) through the following methods: (a) bank card registered in your name (such as credit card or debit card); (b) third-party payment account registered in your name (such as Apple Pay, Google Pay); or (c) other payment methods supported by our products (the accounts involved in (a), (b), and (c) are hereinafter referred to as “payment accounts”). The payment methods supported by our products may be updated at any time, and the payment methods actually supported by different terminals may vary. Please refer to the payment methods displayed on the payment page when you pay the subscription fee. You acknowledge and agree that if you use third-party payment services to pay the subscription fee, you will also be subject to the policies, terms, and conditions of that third-party payment service. For certain payment methods, banks or payment institutions may charge you specific fees, such as cross-border transaction fees or other processing fees related to your payment method. The amount may vary depending on the payment method you use. The specific fee date and amount are subject to the bill page, and such specific fees are charged by the bank or payment institution and are unrelated to us. Please consult your issuing bank or payment institution for details.
3.1.2 You acknowledge and agree that due to policy differences in your country/region and different channel rates for using devices, the subscription fees for the Service may vary. We have the right to independently determine the subscription fees applicable to your country/region/different devices. When subscribing to VIP membership services, you agree to pay the different subscription fees applicable to your country/region due to regional differences and terminal device differences. The specific subscription fee is subject to the payment page displayed when you pay the subscription fee.
3.1.3 You must not maliciously use VPNs or other methods to subscribe across regions to obtain membership price discounts not applicable to your region. If this leads to the inability to use VIP services normally, you will bear the relevant responsibilities, and we may decide whether to temporarily or permanently restrict the use of your account based on the degree of malice.
3.1.4 We may conduct promotional activities for VIP membership service subscription fees based on our operational strategies. You acknowledge and agree that the discounts/activities you enjoy only apply during the promotional/activity period notified to you. After the promotional/activity period ends, the price of the Service will be subject to the subscription fee published on the “VIP Member” page.
3.1.5 Tokens cannot be exchanged or used for other purposes except for obtaining specific content provided by the Service. We reserve the right to change the purchase price of tokens at any time, and the number of tokens required to unlock content may change from time to time and will be displayed on the content unlock page. The terms applicable to your purchase and/or use of tokens are subject to the terms effective on the day you purchase and/or use the tokens.
3.2 Subscription Fee Refunds
3.2.1 You guarantee that you have the right to use your payment account to pay the subscription fee, and such use does not infringe any third party's rights. You can only enjoy the Service after you (a) successfully pay the full subscription fee and (b) meet all other applicable requirements for registering as a VIP member.
3.2.2You acknowledge and agree that VIP membership services and tokens are virtual network goods, and the subscription fee is the price of the virtual network goods corresponding to the service you subscribe to, not a refundable item such as a prepayment, deposit, or savings card. Once your tokens are successfully purchased/VIP membership is activated, it cannot be transferred, and each subscription fee you pay is non-refundable (except in cases of significant defects in the service that make it completely unusable, our breach of contract, other agreements in this Agreement, legal requirements for refunds, or our judgment that a refund is possible). We remind you to carefully check your subscription account information, service content, price, service period, and other information before subscribing to VIP membership services (including automatic renewal services). We are not responsible for billing errors or incorrect deductions. If you suffer losses due to improper operation, lack of understanding, or insufficient understanding of the billing method, or if you mistakenly select the subscription service content type, you will bear the losses yourself, and we will not provide any compensation or reimbursement.
3.3 Changes to Fee Standards and Methods
3.3.1 Service fees (including automatic renewal), “pay-per-view,” and other related service subscription fees (including automatic renewal subscription fees), payment methods, and billing cycles are independently determined by us based on factors such as operating costs, operational strategies, taxes, and payment processing fees, and we have the right to adjust them (including but not limited to promotions, price increases, etc.) and display them on the relevant product service promotion and payment pages. If the price of the relevant service subscription fee is adjusted, the current effective price displayed on the platform at the time of your purchase or renewal shall prevail.
3.4 Automatic Renewal
3.4.1 Automatic renewal service means that when you purchase VIP membership services, you authorize us to entrust the payment channel (such as Apple Pay, Google Pay, etc.) to deduct the fee for the next billing cycle from the balance of your bound account without verifying the member account password, payment password, SMS verification code, etc., when the membership service period is about to expire and within a certain period after expiration. You must ensure that the balance in the above account is sufficient. If the deduction fails for any reason, the membership service period will expire and terminate. If you successfully renew the membership after the service period expires, the service period will be automatically extended. The above deduction authorization is valid for a long time and is not limited by the number of times unless you or we explicitly cancel the automatic renewal.
3.4.2 You can choose the subscription period to pay the subscription fee (hereinafter referred to as the “billing cycle”) according to the billing cycle displayed on the “VIP Member” page.
3.4.3 If you want to update your payment account, you can log in to your VIP account to perform related operations (if using payment channels such as Apple Pay or Google Pay, you can switch to the corresponding account for operations). Please note that different terminals support different payment methods. Please go to the terminal that supports the payment method to update the payment account. At the same time, if you use a third-party payment account, the replacement of the payment account is subject to the requirements or agreements of the third-party payment institution. After updating the payment account, you authorize us to continue to charge you according to the updated payment information.
3.4.4 Please note that we have the right to adjust the price of VIP membership services (including automatic renewal services). If we adjust the subscription fee price when you activate the automatic renewal service, we will notify you through announcements, in-site messages, or other reasonable methods. If you do not agree to the price adjustment of the automatic renewal service subscription fee, you can cancel the automatic renewal service according to the provisions of this Agreement. Your membership service period will terminate from the expiration date of the current membership service cycle. If you do not cancel the automatic renewal service, the payment channel will deduct the service fee for the next and subsequent billing cycles according to the adjusted price. At the same time, please note that due to the deduction rules of the payment channel, if you cancel within 24 hours before the expiration of the current automatic renewal service billing cycle, the payment channel may deduct the service fee for the next billing cycle according to the adjusted price and then stop the deduction service. If the deduction is successful, your membership service period will terminate from the expiration date of the next billing cycle.
3.4.5 You can cancel the automatic renewal by contacting customer service or by yourself on the product end. If you pay through a third party (such as Apple Pay) and wish to cancel your automatic renewal, you can operate through the third-party account. After completing the above cancellation operation, your automatic renewal will automatically terminate at the end of the current billing cycle. We also have the right to cancel the automatic renewal before the end of your current membership billing cycle, but we will notify you in advance in an appropriate manner. You acknowledge and agree that there may be a display delay in the automatic renewal status update, and the specific renewal status is subject to the display on the product end. Before you successfully cancel, the automatic renewal deduction instruction you have authorized us to execute is still valid. We will not refund or compensate for the fees deducted based on that instruction before the cancellation operation is completed.
3.5 Service Period
The service period of your VIP membership service is subject to the service period corresponding to the membership fee you choose and pay for. You can check it by logging in to the relevant page of the “VIP Member Center.” The period will not be extended due to your non-use or video pause, rewind, etc. When the membership service period expires, we will stop providing VIP membership services to you. However, if you activate the automatic renewal service and successfully renew before the service period expires, the membership service period will be extended based on the original service period.
Please understand that due to the particularity of internet services, the VIP membership service period includes reasonable time for us to resolve faults, server maintenance, adjustments, upgrades, or handling third-party infringements, but we will try to minimize the impact.
The Service and video content (including all its components) are protected by copyright, trademark, patent, or other intellectual property rights. If you have a valid VIP membership, we grant you a personal, limited, non-exclusive, non-transferable, revocable right and license to use the Service and access the video content. At any time, you must not use the video content, the Service, or VIP membership for commercial purposes or other purposes that may infringe our and/or our affiliates' and/or third parties' legitimate rights. More specifically, the Service and video content are for your personal use only.
You acknowledge and agree that we provide various types and levels of VIP membership, and the types of VIP membership you can activate vary depending on your country/region. Some VIP membership types can only be activated in specific countries/regions. Different types of VIP membership have different benefits, and there may be differences between different levels of membership. Your VIP membership benefits will vary depending on the type or level of VIP membership you purchase. You can choose the appropriate membership type according to your actual needs. The “VIP Member Center” will further explain the types, levels, and content of your VIP membership benefits.
The VIP membership account can only be used on mobile devices, and the specific applicable device terminals are subject to actual provision. To prevent malicious account sharing or account theft, you understand and agree that the number of device terminals that can simultaneously use the same VIP account is limited. The specific restrictions are as follows:
If you are a VIP member, your VIP account can only be used on one device terminal.
If you exceed the above usage limit, we have the right to take measures such as restricting login, restricting use, interrupting, or terminating the provision of VIP membership services to you based on your excessive usage situation.
We have the right to change the number of device restrictions for different types of VIP membership, subject to the platform's public rules or actual restrictions.
Your VIP membership is for your personal use only and cannot be transferred between third-party accounts during the service period. You must not gift, lend, rent, transfer, or sell your VIP membership account, except with our consent. You must not obtain VIP membership through theft or other illegal means, nor obtain or purchase VIP membership through unauthorized websites or other illegal channels.
You acknowledge that due to different software versions, device functions, operating systems, and other third-party reasons, the specific benefits, video content, or the Service of your VIP membership may vary. We recommend upgrading the application or operating system, using other devices, or contacting us directly to resolve such issues.
You understand and agree that you can only activate the Service in the countries/regions where we provide the Service, and the membership benefits you enjoy after activating the Service are limited to the VIP membership benefits in the country/region where your VIP account is established. If you change countries/regions (whether temporarily or permanently), it may cause some or all of your membership benefits to be unavailable. You also understand and agree that the video content as part of the VIP membership service varies by country/region and changes from time to time. The video content available for viewing in each country/region will only be the video content for which we have legal broadcasting rights in that country/region under the Service. Special instructions: the VIP membership service under this Agreement does not include services in Mainland China.
In addition to all other prohibitions contained in this Agreement, you agree to comply with all applicable laws and regulations and the Entire Agreement. Without our prior written consent, you must not engage in the following activities:
Broadcast, copy, download, upload, modify, compile, translate, distribute, develop, transfer, sell, rent, lease, display, or transmit any of our video content;
Synthesize, nest, or link our video content;
Use our provided video content to create derivative works or use the video content for purposes other than your personal non-commercial entertainment;
Interfere with or attempt to interfere with the performance of the Service, video content, or servers or networks connected to the Service in any way;
Circumvent, remove, alter, or disable the protection measures of the video content in the Service;
Copy, modify, alter, delete, adapt, translate, decompile, or reverse engineer any applications or programs related to the Service or video content;
Use or attempt to use the Service in a way that avoids incurring usage fees;
Copy, modify, alter, delete, or destroy any trademarks, service marks, or other intellectual property displayed or provided through the Service;
Use any data mining, robots, or similar data gathering and extraction tools on the Service or video content, or construct any part of the Service or video content.
You understand that the display quality of the video content provided by the Service may be affected by various factors, including the device you use, the membership benefits you enjoy, your location, the bandwidth you use, and/or the speed of your internet connection, and the inherent limitations of the video content itself (hereinafter referred to as “viewing factors”). You further understand that you may need to wait briefly before and during the playback of video content, and the length of your wait will be affected by the viewing factors.
You understand that during your use of the VIP membership service, you may obtain virtual products such as vouchers or activation codes provided by us or third parties. These virtual products can only be used for the specified purposes or within the specified scope announced and cannot be exchanged, converted to cash, transferred, bought, sold, or swapped. They will not be restored after use and have a usage validity period. Please use them promptly.
You understand that if you use third-party products and/or service content during the use of the VIP membership service, such third-party products and/or service content are provided and responsible by third parties, not VIP membership services. Please carefully review the relevant service usage rules when using such third-party service content. If any disputes or conflicts arise from your use of such third-party services, you will resolve them with the third party, but we will provide necessary assistance within a reasonable range according to the law.
We have the right to modify the Agreement (including VIP membership benefits) at our discretion from time to time. Once the terms of the Agreement change, we will publish such modifications on the “VIP Member” page or notify you through other accessible means. The modifications will take effect fifteen (15) days after the update. Before the modifications take effect, you can choose not to accept the modifications and cancel the Service. If the modification of the Agreement increases your obligations or reduces our obligations, to the maximum extent permitted by applicable law, as your sole remedy, and only if required by law, you can reject the modifications and withdraw or cancel the Service within fifteen (15) days after the modifications take effect without incurring any fees, penalties, or cancellation fees. To the maximum extent permitted by applicable law, your continued access or use of the Service after the change notification period will be deemed as your full acceptance and agreement to the modified Agreement and acceptance of the modified Service or subscription as published on the “VIP Member” page or notified to you. We recommend that you frequently review the terms of the Agreement and regularly check the information published on the “VIP Member” page to better protect your rights.
Due to unforeseen or uncontrollable reasons, including but not limited to government actions, hacker attacks, virus invasions or other factors affecting the normal operation of the public internet, the Service may become unavailable. In such cases, we will notify you as soon as possible. You acknowledge and agree that we are exempt from liability for any losses caused by such circumstances and are not required to refund the subscription fee to you.
If you violate or fail to comply with any terms of this Agreement, we have the right to temporarily or permanently cancel your VIP membership at our discretion, and your subscription fee will not be refunded.
Our failure or delay in exercising any rights under this Agreement does not constitute a waiver of such rights. Single or partial exercise of any rights under this Agreement does not preclude the exercise of any other rights.
For the processing and protection of your personal information, your command over your personal information and other related content, please refer to the “Privacy Policy.”
To facilitate your timely access to relevant product information and information related to the Service and the Agreement, you agree that we have the right to notify you through any of the following methods: webpage announcements, page prompts, pop-ups, information notifications, and your contact information (such as email, phone number, short message service, fax number, contact address). Any such notification is deemed to have been delivered to you on the date of transmission. If multiple notification methods are used simultaneously, the delivery time is based on the earliest transmission time among the methods.
Both parties agree that, to the maximum extent permitted by applicable law, the entire Agreement is governed by and interpreted in accordance with the laws of Singapore.
Any disputes arising from or related to the entire Agreement (including but not limited to the enforcement of the entire Agreement) shall be resolved through friendly negotiation. Either party can submit the dispute to the Singapore International Arbitration Centre (SIAC) for arbitration in accordance with the SIAC Rules in effect at the time of submitting the arbitration notice. For the avoidance of doubt, friendly negotiation is not a prerequisite for submitting the dispute to SIAC for arbitration. The arbitration award shall be final and binding on both parties. The place of arbitration shall be Singapore. The language of arbitration shall be Chinese. If there is a conflict between this Agreement and the “Service Agreement”, this Agreement shall prevail to the extent necessary to resolve the conflict.
If you have any questions or comments about the Agreement or the use of the Service (including inquiries or complaints), please contact us through the customer contact information we provide. We make commercially reasonable efforts to respond to you as soon as possible after receiving your questions or comments.
The headings in the Agreement are for convenience only and do not affect the meaning or interpretation of any provisions of the Agreement.
If the product and/or service names (such as membership types, membership benefit names) in the Agreement are inconsistent with the relevant service page display, the relevant service page display shall prevail.
The term “including” means “including but not limited to the aforementioned content.”
The entire Agreement applies only to you personally, and you may not transfer your rights or obligations to anyone. We have the right to transfer the entire Agreement without prior notice to you and without your consent. After the transfer, the transferee will assume our rights and obligations under the entire Agreement, and we will no longer bear any responsibility for the Agreement.
Our failure to enforce any right or provision under the entire Agreement does not constitute or be deemed a waiver of such right or provision. If any provision (or part thereof) of the entire Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such determination does not affect the validity and enforceability of the other provisions (or parts thereof) under the entire Agreement. Any waiver of our breach of any provision of the entire Agreement does not constitute a waiver of any prior, concurrent or subsequent breach of the same provision or any other provision. If any provision of the entire Agreement is illegal, invalid or unenforceable for any reason, that provision shall be deemed severable from the entire Agreement and shall not affect the validity and enforceability of the remaining provisions.
The Agreement, the “Privacy Policy”, the “Service Agreement”, pricing, video content, product and service information, platform rules, etc., constitute the complete agreement between you and us regarding access to and use of the Service and video content, and no one other than us have the right to modify it.
CREST DIGITAL MEDIA PTE. LTD.
November 1, 2024