1. Introduction: This Standard Contract between Viewer and Creator ("this agreement") sets out the terms which govern each transaction between a Viewer and a Creator on CLUBUB.
2. When does this agreement apply? Each time a Viewer/Creator Transaction is initiated on CLUBUB, this Standard Contract between Viewer and Creator will apply to the exclusion of any other terms which the Viewer or Creator may propose, and this Standard Contract between Viewer and Creator will legally bind the Viewer and Creator participating in the Viewer/Creator Transaction.
3. Parties: The only parties to this agreement are the Viewer and Creator participating in the Viewer/Creator Transaction. ROBO CRABE Limited is not a party to this agreement and neither grants any rights in respect of, nor participates in, any Viewer/Creator Transaction, except for acting as a payment intermediary in accordance with the Creator’s and Viewer’s instructions set out in section 5 of this agreement.
4. Interpretation: In this agreement, defined terms have the following meanings:
   • "CLUBUB" means the website accessed via the URL www.clubub.com or via any web browser;
   • "Content" means any material uploaded to CLUBUB by any User (whether a Creator or a Viewer), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
   • "Creator" means a User who has set up their CLUBUB account as a Creator account to post Content on CLUBUB to be viewed by other Users;
   • "VIEWER" means a User who follows a Creator and is able to view the Creator's Content;
   • "Viewer/Creator Transaction" means any transaction between a Viewer and a Creator on CLUBUB by which access is granted to the Creator's Content in any of the following ways: (i) a Subscription, (ii) payments made by a Viewer to view a Creator's pay-per-view Content (pay-per-view media and pay-per-view live stream), and (iii) payments made by a Viewer to use the Viewer interaction function on a Creator's account;
   • "Access Payment" means (i) any and all payments made by a Viewer in respect of any Viewer/Creator Transaction, and (ii) any and all tips;
   • "Creator Fee" means the fee charged by ROBO CRABE Limited to Creators in accordance with section 5 of the CLUBUB Terms of Use for Creators;
   • "Subscription" means a Viewer's monthly subscription to a Creator's account; and
   • "Tax" shall include all forms of tax and statutory, GST, governmental, state, central, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the INDIA or any other jurisdiction.
5. Pricing and payment: By entering into a Viewer/Creator Transaction, the Viewer agrees to pay the Access Payment applicable to the relevant Viewer/Creator Transaction in accordance with the pricing published in the Creator's account plus any GST which is applicable. The Viewer and Creator participating in the Viewer/Creator Transaction authorize ROBO CRABE Limited or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the Access Payment and any applicable GST, to deduct the CREATOR Fee, and to pay out the sums due to Creators.
6. License of Content: Once the Viewer has made the Access Payment for a Viewer/Creator Transaction, the Creator grants to the Viewer a limited license to access the applicable Content of that Creator to which the Viewer/Creator Transaction relates (the "Relevant Content"). This license is non-transferable, non-sublicensable and non-exclusive, and permits the Viewer to access and view the Relevant Content on the Viewer's personal device and via a normal web browser (and to make a temporary copy of such Content only to the extent that this is an incidental and technical process forming part of the Viewer's accessing the Content (i.e. caching)), in accordance with the CLUBUB Acceptable Use Policy.
7. Ownership of Content: The Viewer participating in the Viewer/Creator Transaction acknowledges and agrees that the license of the Relevant Content provided in section 6 of this agreement does not result in the Viewer acquiring any rights in or to the Relevant Content, which rights shall be retained by the Creator of the Relevant Content.
8. Expiry of license: The license granted to a Viewer in relation to the Relevant Content will expire automatically without notice in the following circumstances:
   • if the Access Payment related to the Viewer/Creator Transaction was unsuccessful, or is charged back or reversed for any reason;
   • in respect of pay-per-view Content, once the Viewer has completed viewing the Content;
   • in respect of Subscriptions, at the end of the subscription period, unless the Subscription is configured to automatically renew as described in section 8(g) of the CLUBUB Terms of Use for VIEWERs;
   • if the Viewer's User account is suspended or terminated for any reason;
   • if the Viewer acts in breach of the CLUBUB Acceptable Use Policy (whether in relation to the Relevant Content or at all);
   • if the Content is removed by the Creator from the Creator's account;
   • if the Viewer closes their CLUBUB User account.
9. Cancellation and refunds: In respect of every Viewer/Creator Transaction:
   • If you cancel a Subscription you will not be permitted to view the relevant Creator's Content on the date which you canceled, after which no further payments will be taken from your payment card in respect of subscriptions to that Creator's profile, and you will no longer be able to view the relevant Creator's Content.
   • You agree that you will not make unjustified requests for a refund from any Creator which you follow, or unjustified chargeback requests of your payment card provider in relation to any transaction between you and a Creator. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.
   • Once during your subscription period, you have unsubscribed any creator you were not in a position to resume the unused days of subscription. For further continuance of subscription you need to pay fresh
   • This agreement does not affect any statutory right to receive a refund from the Creator which a Viewer may have under Consumer Protection Act,2019 or any other applicable law.
10. Obligations between Creator and Viewer: In respect of every Viewer/Creator Transaction:
    • The Viewer and the Creator participating in the Viewer/Creator Transaction agree to comply at all times with the CLUBUB Acceptable Use Policy in relation to the Relevant Content, including when accessing, viewing and interacting with it.
    • The Viewer participating in the Viewer/Creator Transaction agrees to make the Access Payment required to access, view or interact with the Relevant Content, and agrees not to initiate a chargeback other than if the Viewer disputes the Viewer/Creator Transaction in good faith.
    • The Creator participating in the Viewer/Creator Transaction agrees to make the Relevant Content available to the Viewer once the Viewer has made the Access Payment applicable to the Relevant Content.
    • The Creator warrants (makes a legally enforceable promise) that it possesses all necessary rights in and to the Relevant Content sufficient to license it to the Viewer in the territory in which the Viewer will be accessing the Relevant Content, and has obtained any and all permissions and consents needed to grant the license in section 6 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 accessing by the Viewer of the Creator's Content is entirely at the Viewer's own risk.
11. No guarantees: The Viewer participating in the Viewer/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 Viewer participating in the Viewer/Creator Transaction acknowledges that there may be circumstances where it is not possible for the Viewer to access to Relevant Content to be provided under the Viewer/Creator Transaction, including:
    • if the Creator's account is suspended or deleted;
    • if the Viewer's account is suspended or deleted;
    • if the availability of all or any part of CLUBUB site is suspended or inaccessible; or
    • if the Creator is unable to create or upload Relevant Content in the future.
12. Terms relating to disputes:
    • This agreement is governed by Indian law and Indian law will apply to any claim that arises out of or relates to this agreement. The Viewer will also be able to rely on mandatory rules of the law of the country where he or she lives.
    • Where claims can be brought:
      • If this agreement is with a Viewer resident in India, any claim under this agreement must be brought in the courts of India, unless the Viewer and Creator otherwise agree, 
      • If this agreement is with a Viewer resident outside of India, any claim under this agreement may be brought in the courts of India.

Updated: January 2024