Terms of Use

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Effective date: May 2, 2024

These Terms of Use are a binding contract between you and Clubb, a subsidiary of Clipara Ltd  (“we”, “us”, “our”). It contains the rules and restrictions that govern your use of Clubb’s products and services (referred to below simply as “Clubb”). If you have any questions, comments, or concerns regarding these Terms or our products and services, please contact us at team@getclipara.com

Using Clubb in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use Clubb. These Terms include everything in this document, as well as those in the Privacy Policy, Creator Agreement, and Content Guidelines. If you don’t agree to all of the following, you may not use or access Clubb in any manner.

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Creating an Account on Clubb

You may be required to sign up for an account and select a password. You promise to provide us with accurate, complete, and up-to-date registration information about yourself.

You agree that you will only use Clubb for your own personal or organizational use, and not on behalf of or for the benefit of any third party. You may not transfer your account to anyone else without our prior written permission.

You may not select as your Clubb account name a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. Clubb reserves the right to refuse registration of or cancel a Clubb account name at its discretion.

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Posting Content on Clubb

First and foremost, you own what you create. Any original content you post, upload, share, store, or otherwise provide to Clubb remains yours and is protected by copyright and any other applicable intellectual property laws.

That includes content, subscriber lists, any other text or photos you upload to your subdomain on Clubb, and any information that you provide to obtain a Clubb username and account.

Anything posted, uploaded, shared, stored, or otherwise provided through Clubb is referred to as a “Content” in these Terms. There are a few rules that apply to all Content:

• Don’t Infringe: Your Content should not violate someone else’s (including Clubb’s) rights. Don’t copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialise or otherwise exploit for any purpose any content not owned by you unless you have prior consent from the owner of that content.
• Limited License to Us: In order to display your Content on Clubb, and to allow other users to enjoy them, you grant us certain rights in your Content:
• Operating Clubb: You hereby grant Clubb a license to translate, modify, reproduce, and otherwise act with respect to your Content to enable us to provide, improve, and notify you about new features within Clubb. You understand and agree that we may need to make changes to your Content to conform and adapt those Content to the technical requirements of networks, devices, services, or media, and this license includes the rights to do so. For example, we may need to modify your content to make sure it is viewable on an iPhone as well as a computer.

We reserve the right to remove any content from Clubb at any time, for any reason (including, but not limited to, if someone alleges you contributed that content in violation of these Terms), in our sole discretion, and without notice.

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Intellectual Property and Reporting Infringement

We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. You promise to abide by copyright notices, trademark rules, information, and other restrictions you may receive from us or that are posted on Clubb.

You understand that we own Clubb. These Terms don’t grant you any right, title or interest in Clubb, or our trademarks, logos, and other intellectual property.

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Acceptable Use Policy

You are responsible for all your activity in connection with Clubb. Make sure that you use Clubb in a manner that complies with the law. If your use of Clubb is prohibited by applicable laws, then you aren’t authorised to use Clubb. We can’t and won’t be responsible for you using Clubb in a way that breaks the law.

You also agree that you will not contribute any Content or otherwise use Clubb in a manner that:

• Is fraudulent or threatening, or in any way violates Clubb’s Content Guidelines;
• Jeopardizes the security of your Clubb account or anyone else’s (such as allowing someone else to log into Clubb as you, or sharing your account or password with someone);
• Attempts, in any manner, to obtain the password, account, or other security information of any other user;
• Violates the security of any computer network, or cracks any passwords or security encryption codes;
• Runs Maillist, Listserv, any form of auto-responder or “spam” on Clubb, or any processes that run or are activated while you are not logged into Clubb, or that otherwise interferes with the proper working of Clubb (including placing an unreasonable load on Clubb’s infrastructure);
• “Crawls,” “scrapes,” or “spiders” any page, data, or portion of Clubb (through use of manual or automated means);
• Copies or stores any significant portion of the content on Clubb;
• Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to Clubb.

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Other Users and Third-Parties

• Content: Content posted to Clubb – are the sole responsibility of the person or organization from whom such content originated. You access all such content at your own risk. We aren’t liable for any errors or omissions in any Content and you hereby release us from any damages or loss you might suffer in connection with the Content.
• Other Users on Clubb: Your interactions with organizations and individuals found on or through Clubb, including payment for Creator sites, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and individuals. You agree that Clubb shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. We can’t guarantee the identity of any users with access to Clubb and are not responsible for which users gain access to our products and services.
• Third-Party Content: Clubb may contain links or connections to third party websites or services that are not owned or controlled by us. Clubb has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites. You release and hold us harmless from any and all liability arising from your use of any third-party website or service.

In the event that you have a dispute with one or more other users of Clubb or with a third party, you release us, our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or Clubb.

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Limitation of Liability

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall Clubb, its licensors, or its suppliers be liable to you or to any other person for:

• Any indirect, special, incidental, or consequential damages of any kind, or any amount payable

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No Warranties

Clubb is provided to you on an “as-is” basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of Clubb will be uninterrupted or error-free. Accordingly, we do not:

• Make any representations or warranties about any content contained in or accessed through Clubb, and we will not be responsible for the accuracy, copyright compliance, legality, or decency of material contained on our products and services.

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Paid Subscriptions on Clubb

If you publish content through Clubb, you are a Creator. If you subscribe to Creators sites, you are a Subscriber. Subscribers subscribe to sites directly through the Creators’s subdomain on Clubb.

A Creator may offer their Content for free or for a subscription fee, to be determined in the Creator’s discretion. Readers may choose to subscribe to Creator sites on Clubb and agree to incur any applicable subscription fees.

Creators will set prices for their sites, and may change the prices at their sole discretion through their Creator account, though no price changes shall apply retroactively.

In the event that a Reader has a dispute with a Creator, you agree that Clubb is under no obligation to become involved other than to direct any inquiries regarding a Creator’s sites to the appropriate Creator pursuant to the Creator Agreement. To learn more about how Clubb manages its relationships with Creators, you should check out the Creator Agreement.

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Terminating Your Account

Clubb is free to terminate (or suspend access to) your use of Clubb, or your account, for any reason at our discretion. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important Content you may have uploaded to your account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Clubb.

Clubb also allows you to delete your account at any time. If you are a Creator and would like to delete your account, you can do so from your account page. If you’re a subscriber, you can delete your account from the account section on the relevant site or subdomain you are subscribed to. When you delete your account, any Content associated with that account will also be deleted. However, any Post that you have made public may remain available.

You understand and agree that it may not be possible to completely delete your content from Clubb’s records or backups, and that your Content may remain viewable elsewhere to the extent that they were copied or stored by other users. Please refer to our Privacy Policy to understand how we treat information you provide to us after you have stopped using Clubb.

You agree that some of the obligations in these Terms will be in force even after you terminate your account. All of the following terms will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, terms regarding disputes between us, and any other terms that, by their nature, should survive termination of these Terms.

If you have deleted your account by mistake, contact us immediately at team@getclipara.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

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Privacy on Clubb

Clubb takes your privacy very seriously. For the current Clubb Privacy Policy, please click here.

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SMS Messaging

If you provide us your phone number, we may use an SMS message to verify your control of the phone number. Your carrier’s message and data rates may apply to this SMS verification. We don’t send text messages for other purposes, however, you can reply “HELP” for help, or “STOP” to opt out of receiving text messages. You can learn more about our use of phone numbers and SMS messages in our privacy policy.

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Changes to Clubb

We’re always trying to improve Clubb, so our products and services may change over time. We may suspend or discontinue any part of Clubb, or we may introduce new features or impose limits on certain features or restrict access to parts or all of Clubb. We’ll try to give you notice when we make a material change to Clubb that would adversely affect you, but this isn’t always possible or practical.

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Changes to the Terms

We are constantly trying to improve our products and services, so these Terms may need to change along with Clubb.  We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the website, by sending you an email, and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use Clubb.  If you use Clubb in any way after a change to the Terms is effective and notice has been provided, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

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Violations of the Terms

Failure to follow any of these Terms shall constitute a breach of these Terms, which may result in immediate termination of your account. Clubb has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

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Miscellaneous Terms

The above covers most of the questions that we typically receive about Clubb. We have grouped provisions that come up less frequently below:

• Indemnification: To the fullest extent allowed by applicable law, you agree to indemnify and hold Clubb, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of Clubb (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action, we will attempt to provide notice to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
• Assignment: You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Clubb account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
• Choice of Law: These Terms are governed by and will be construed under the laws of the United Kingdom.
• No Third-Party Beneficiaries: We agree there are no third-party beneficiaries intended under these Terms.
• No Joint Venture: You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Clubb Inc., and you do not have any authority of any kind to bind us in any respect whatsoever.
• Waiver: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
• Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
• Entire Agreement: You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.

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