Terms of Service

TERMS OF SERVICE

Contents

  1. 1. Terms of Use for all Users
  2. 2. Terms of Use for Viewers
  3. 3. Terms of Use for Creators
  4. 4. Acceptable Use Policy
  5. 5. Complaints Policy

1.0.0 TERMS OF USE FOR ALL USERS

BY USING OUR WEBSITE YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

  1. 1. 1.1.0 Introduction: These Terms of Use for all Users govern your use of “CLUBUB” and your agreement with us.
  2. 2. 1.2.0 Interpretation: In the Terms of Service:
    • a. 1.2.1 We refer to our website as "CLUBUB ", including when accessed via the URL www.clubub.com or via any web browser;
    • b. 1.2.2 References to "we", "our", "us" are references to  “ROBO CRABE”, the operator of “CLUBUB”;
    • c. 1.2.3 "Content" means any material uploaded to “CLUBUB” by any User (whether a Creator or a Subscriber), 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;
    • d. 1.2.4 "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;
    • e. 1.2.5 "Viewer" means a User who follows a Creator and is able to view the Creator's Content;
    • f. 1.2.6 "Access Payment" means any and all payments made by a Viewer to a Creator, including payments for access to a Creator's Content, for interaction with the Creator, to procure new Content from the Creator, to subscribe to the Creator's account, to use the viewer interaction function on the Creator's account, and any tips paid by a Viewer to the Creator;
    • g. 1.2.7 "Standard Contract between Viewer and Creator" means the terms which govern each transaction between a Viewer and a Creator on “CLUBUB”.
    • h. 1.2.8 "Terms of Service" (also called "your agreement with us") means the legally binding agreement between you and us which consists of: (i) these Terms of Use for all Users, (ii) Terms of Use for Viewers, (iii) Terms of Use for Creators, (iv) Privacy Policy, (v) Acceptable Use Policy, and (vi) Complaints Policy, and
    • i. 1.2.9 "User" means any user of “CLUBUB”, whether a Creator or a Viewer or both (also referred to as "you" or "your").
    • 3. 1.3.0 WHO WE ARE AND HOW TO CONTACT US: ”CLUBUB” is operated by “ROBO CRABE” Limited. We are a limited company registered in (Place), with company registration To contact us with any questions about “CLUBUB”, please email our support team at support@clubub.com.
 

HOW WE MAY CHANGE THE TERMS OF SERVICE: We may change any part of the Terms of Service without telling you beforehand in the following circumstances:

  • a. 1.3.1 To reflect changes in laws and regulatory requirements which apply to “CLUBUB” and the services, features and programs of “CLUBUB” where such changes require “CLUBUB” to change its terms and conditions in a manner which does not allow us to give reasonable notice to you; and
  • b. 1.3.2 To address an unforeseen and imminent danger related to defending  “CLUBUB”, Viewers or Creators from fraud, malware, spam, data breaches or other cyber security risks.

We may also make other changes to any part of the Terms of Service, and we will give you reasonable notice of such changes by email or through “CLUBUB” notification, and you may contact us to end your agreement with us before the changes take effect. Once any updated Terms of Service are in effect, you will be bound by them if you continue to use “CLUBUB”.

  • 4. 1.4.0 WE MAY MAKE CHANGES TO OR SUSPEND OR WITHDRAW “CLUBUB”: We may update and change “CLUBUB” from time to time for any reason, including to reflect changes to our services, Users' needs and our business practices or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that “CLUBUB”, or any Content on it, will always be available or accessible without interruption. We may suspend or withdraw or restrict the availability of all or any part of “CLUBUB” for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.
  • 5. 1.5.0 REGISTERING WITH “CLUBUB”: To use “CLUBUB” you must first register and create a User account on “CLUBUB”. You must provide a valid email address, a username, and a password or authenticate using a valid Google account. Your password should be unique (meaning that it is different to those you use for other websites) and must comply with the technical requirements of the “CLUBUB” site for the composition of passwords. To register as a User:
  • a. 1.5.1 You must be at least 18 years old, and you will be required to confirm this;
  • b. 1.5.2 If the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and
  • c. 1.5.3 You must not be barred from accessing our platform under any laws which apply to you.

If you do not meet the above requirements, you must not access or use CLUBUB.

  • 6. 1.6.0 YOUR COMMITMENTS TO US: When you register with and use “CLUBUB”, you make the following commitments to us:
  • a. 1.6.1 If you previously had an account with “CLUBUB”, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
  • b. 1.6.2 You will make sure that all information which you submit to us is truthful, accurate and complete.
  • c. 1.6.3 You will update promptly any of your information you have submitted to us as and when it changes.
  • d. 1.6.4 You consent to receiving communications from us electronically, including by emails and messages posted to your “CLUBUB” account, and to the processing of your personal data as more fully detailed in our Privacy Policy.
  • e. 1.6.5 You will keep your account/login details confidential and secure, including your user details, passwords and any other piece of information that forms part of our security procedures, and you will not disclose these to anyone else. You will contact (ID For Support) promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
  • f. 1.6.6 You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.
  • g. 1.6.7 You will comply in full with these Terms of Use for all Users, our Acceptable Use Policy and all other parts of the Terms of Service which apply to your use of “CLUBUB”.
 
  • 7. 1.7.0 RIGHTS WE HAVE, INCLUDING TO SUSPEND OR TERMINATE YOUR ACCOUNT:
  • a. 1.7.1 We can but we are not obligated to moderate or review any of your Content to verify compliance with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law.
  • b. 1.7.2 It is our policy to suspend access to any Content you post on “CLUBUB” which we become aware may not comply with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at (Support ID). Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. You agree that you will at your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content under this section.
  • c. 1.7.3 If we suspend access to or delete any of your Content, we will notify you via email or electronic message to your “CLUBUB” account, but we are not obligated to give you prior notice of such removal.
  • d. 1.7.4 We reserve the right in our sole discretion to terminate your agreement with us and your access to “CLUBUB” for any reason by giving you 30 days’ notice by email or electronic message to your “CLUBUB” account. We can also suspend access to your User account or terminate your agreement with us and your access to “CLUBUB” immediately and without prior notice:
    • ♣ 1.7.4.1 If we think that you have or may have seriously or repeatedly breached any part of the Terms of Service (including in particular our Acceptable Use Policy), or if you attempt or threat to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User; or
    • ♣ 1.7.4.2 If you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of “CLUBUB”.

If we suspend access to your User account or terminate your agreement with us and your access to “CLUBUB” we will let you know. During any period when access to your User account is suspended, any Access Payments which would otherwise have fallen due during the period of suspension will be suspended, and we may withhold all or any part of the Creator Earnings due to you but not yet paid out in accordance with section 12 of the Terms of Use for Creators.

  • e. 1.7.5 Upon termination of your account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on “CLUBUB” for you to be able to access your Content following termination of your account.
  • f. 1.7.6 We can investigate any suspected or alleged misuse, abuse, or unlawful use of “CLUBUB” and cooperate with law enforcement agencies in such investigation.
  • g. 1.7.7 We can disclose any information or records in our possession or control about your use of “CLUBUB” to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, or in response to a court order.
  • h. 1.7.8 We can change the third-party payment providers that we use and if we do so, we will notify you and store applicable details on your “CLUBUB” account.
  • i. 1.7.9 Other than Content (which is owned by or licensed to Creators), all rights in and to “CLUBUB” and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws.
  • j. 1.7.10 We are the sole and exclusive owners of any and all anonymised data relating to your use of “CLUBUB” and such anonymised data can be used by us for any purpose, including for commercial, development and research purposes.
  • 8. 1.8.0 WHAT WE ARE NOT RESPONSIBLE FOR: We will use reasonable care and skill in providing “CLUBUB” to you, but there are certain things which we are not responsible for, as follows:
  • a. 1.8.1 We do not authorize or approve Content on “CLUBUB”, and views expressed by Creators of Viewers on “CLUBUB” do not necessarily represent our views.
  • b. 1.8.2 We do not grant you any rights in relation to Content. Any such rights may only be granted to you by Creators.
  • c. 1.8.3 Your Content may be viewed by individuals that recognise your identity. We will not in any way be responsible to you if you are identified from your Content. While we may, from time to time and in our sole discretion, offer certain geo-fencing or geo-location technology on “CLUBUB”, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology, and you will have no claim against us arising from your use of or reliance upon any geo-fencing or geo-location technology on “CLUBUB”.
  • d. 1.8.4 All Content is created, selected and provided by Users and not by us. We are not responsible for reviewing or moderating Content, and we do not select or modify the Content that is stored or transmitted via “CLUBUB”. We are under no obligation to monitor Content or to detect breaches of the Terms of Service (including the Acceptable Use Policy).
  • e. 1.8.5 You agree that you have no obligation to follow any suggestions, comments, reviews or instructions received from another User of “CLUBUB” and that if you choose to do so, you do so entirely at your own risk.
  • f. 1.8.6 The materials which we make accessible on “CLUBUB” for Users are for general information only. We make no promises or guarantees about the accuracy or otherwise of such materials, or that Users will achieve any particular result or outcome from using such materials.
  • g. 1.8.7 We do not promise that “CLUBUB” is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access “CLUBUB”. You should use your own virus protection software.
  • h. 1.8.8 We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of “CLUBUB”.
  • i. 1.8.9 While we try to make sure that “CLUBUB” is secure and free from bugs and viruses, we cannot promise that it will be and have no control over the Content that is supplied by Creators.
  • j. 1.8.10 We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.
  • k. 1.8.11 You acknowledge that once your Content is posted on “CLUBUB”, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your Content which may have been recorded by other Users in breach of the Terms of Service or by third parties prior to the deletion of your account.
 
  • 9. 1.9.0 INTELLECTUAL PROPERTY RIGHTS – OWNERSHIP AND LICENSES:
  • a. 1.9.1 You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses in respect of your Content to us and to other Users.
  • b. 1.9.2 You agree to grant us a license under all your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of “CLUBUB”. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal in your Content.
  • c. 1.9.3 The license which you grant to us under sub-section 10(b) above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This license will allow us, for example, to add stickers, text, and watermarks to your Content, to make your Content available to other Users of “CLUBUB”, as well as to use your Content for other normal operations of “CLUBUB”. We will never sell your Content to other platforms, though we may sell or transfer any license you grant to us in the Terms of Service in the event of a sale of our company or its assets to a third party.
  • d. 1.9.4 You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on “CLUBUB”. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us when dealing with your Content (as permitted by the license which you give us in section 10(b) above) to add watermarks, stickers or text to your Content.
 
  • 10. 1.10.0 LINKING TO AND FROM “CLUBUB”:
  • a. 1.10.1 Links to “CLUBUB”:
    • ♣ 1.10.1.1 You may link to the “CLUBUB” homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
    • ♣ 1.10.1.2 If you are a Creator, when promoting your Creator account you must comply with our Terms of Service and the terms of service of any other website where you place a link to or otherwise promote your Creator account. When promoting your Creator account, you must not impersonate “CLUBUB” or give the impression that your Creator account is being promoted by us if this is not the case. You must not promote your “CLUBUB” account by using Google Ads or any similar advertising platform or search engine advertising service.
  • b. 1.10.2 Links from “CLUBUB”: If “CLUBUB” contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to “CLUBUB”, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
  • 11. 1.11.0 HOW DO I DELETE MY ACCOUNT? (TECHNICAL)
 
  • a. 1.11.1 The deletion of your account will take place within a reasonable time following your request.
  • b. 1.11.2 If you are a Creator, then once you initiate the "delete account" process you will receive your final payment only after the expiry of 30 days with the deduction of subscription of fans who were active during the period of deletion of your account.
  • c. 1.11.3 Once your account has been deleted you won't be charged any further amounts or have access to your former Clubub account or its Content, and any subscriptions will be deleted and cannot be subsequently renewed. You will receive an email confirmation upon the successful deletion of your account. Once your account has been deleted, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy(including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on Clubub for you to be able to access your Content following termination of your account.
 
  • 12. 1.12.0 WHO IS RESPONSIBLE FOR ANY LOSS OR DAMAGE SUFFERED BY YOU?
  • a. 1.12.1 If you are a consumer User: If you are a consumer User, you agree that:
    • ♣ 1.12.1.1 We and our subsidiary companies, employees, owners, representatives, and agents will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of “CLUBUB”.
  • b. 1.12.2 If you are a business User: If you are a business User, you agree that:
    • ♣ 1.12.2.1 We and our subsidiary companies, employees, owners, representatives, and agents:
      • ♣ 1.12.2.1.1 Exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to “CLUBUB” or any content on it. This means that if the Terms of Service do not expressly include a promise or commitment by us, then one cannot be implied by law;
      • ♣ 1.12.2.1.2 Are not responsible to you for any loss or damage suffered by you that is not a foreseeable result of our breaching the Terms of Service or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to the Terms of Service, both we and you knew it might happen;
      • ♣ 1.12.2.1.3 Won't be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with:
        • ♣ 1.12.2.1.3.1 Your inability to use “CLUBUB” or any of its services, features or programs; or
        • ♣ 1.12.2.1.3.2 Your use of or reliance on any content (including Content) stored on “CLUBUB”;
      • ♣ 1.12.2.1.4 Won't be liable to you for any:
        • ♣ 1.12.2.1.4.1 Loss of profits;
        • ♣ 1.12.2.1.4.2 Loss of sales, business, or revenue;
        • ♣ 1.12.2.1.4.3 Business interruption;
        • ♣ 1.12.2.1.4.4 Loss of anticipated savings;
        • ♣ 1.12.2.1.4.5 Loss of business opportunity, goodwill or reputation;
        • ♣ 1.12.2.1.4.6 Loss of data or information, including any Content; or
        • ♣ 1.12.2.1.4.7 Indirect or consequential loss or damage;
      • ♣ 1.12.2.1.5 Won't be liable to you for any loss or damage caused by a distributed denial-of-service attack, virus, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of “CLUBUB”or any of its services, features or programs, or due to your downloading of any material posted on it, or on any website linked to it;
      • ♣ 1.12.2.1.6 Won't be liable to you if your Content is copied, distributed, reposted elsewhere or its copyright is infringed by another User or any third party;
      • ♣ 1.12.2.1.7 Won't be liable to you for any disclosure of your identity, or any disclosure or publication of your personal information by other Users or third parties without your consent (also known as “doxing”);
      • ♣ 1.12.2.1.8 Won't be liable to you for any failure or delay by us in complying with any part of the Terms of Service arising from events outside our reasonable control. If there is any failure or delay by us in complying with any part of the Terms of Service arising from an event outside our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
    • ♣ 1.12.2.2 Our total liability to you for any and all claims arising out of or related to your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to the greater of:
 
  • 13. 1.13.0 General: You agree that:
  • a. 1.13.1 If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
  • b. 1.13.2 If we fail to enforce any aspect of your agreement with us, it will not be a waiver;
  • c. 1.13.3 We reserve all rights not expressly granted to you.
  • d. 1.13.4 No implied licenses or other rights are granted to you in relation to any part of “CLUBUB”, save as expressly set out in the Terms of Service.
  • e. 1.13.5 Your agreement with us does not give rights to any third parties, except that the exclusions and limitations of liability in the section entitled Who is responsible for any loss or damage suffered by you? may be enforced by our subsidiary companies, employees, owners, representatives and agents.
  • f. 1.13.6 You cannot transfer your rights or obligations under your agreement with us without our prior written consent.
  • g. 1.13.7 Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations.
  • h. 1.13.8 The Terms of Service form the entire agreement between us and you regarding your access to and use of “CLUBUB”, and supersede any and all prior oral or written understandings or agreements between us and you.
  • 14. 1.14.0 TERMS RELATING TO DISPUTES – the law which applies to your agreement with us and where disputes and claims concerning “CLUBUB”(including those arising from or relating to your agreement with us) can be brought:
  • a. 1.14.1 For consumers (Viewers):

1.14.1.1 Consumers - Law:

  • ♣ If you are a consumer, your agreement with us is governed by Indian law and Indian law will apply to any claim you have against us or we have against you that arises out of or in connection with your agreement with us (including non-contractual disputes or claims). You will also be able to rely on mandatory rules of the law of the country where you live.

1.14.1.2 Consumers - where claims must be brought:

  • ♣ If you are a consumer resident in the INDIA or outside, any claim arising out of or in connection with your agreement with us (whether by you against us or us against you, and including non-contractual disputes or claims) must be brought in the courts of  Coimbatore, Tamilnadu, India.
 
  • b. 1.14.2 For business Users (Creators):
    • ♣ 1.14.2.1 Business Users – Law:
      • ♣ If you are a business User, your agreement with us, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by INDIAN law, without regard to conflict of law provisions.
    • ♣ 1.14.2.2 Business Users - where claims must be brought:
      • ♣ If you are a business User, you and we agree that the courts of INDIA shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) which you have against us or we have against you arising out of or in connection with your agreement with us or its subject matter or formation.
  • c. 1.14.3 Limitation period for bringing claims: Except where prohibited by applicable law, any claim or cause of action which you have concerning “CLUBUB” (including those arising out of or related to your agreement with us) must be filed within 30 days after the date on which such claim or cause of action arose or the date on which you learned of the facts giving rise to the cause of action (whichever is the earlier), or be forever barred.
 
  • 15. 1.15.0 Other terms which form part of your agreement with us: These Terms of Use for all Users govern your agreement with us. Certain other terms or policies forming part of the Terms of Service will also apply to you and form part of your agreement with us, as follows:
  • a. 1.15.1 Terms of Use for Viewers – which contain additional terms which apply if you use “CLUBUB” as a Viewer;
  • b. 1.15.2 Terms of Use for Creators – which contain additional terms which apply if you use “CLUBUB” as a Creator;
  • c. 1.15.3 Privacy Policy – which applies to all Users and tells you how we use your personal data and other information we collect about you;
  • d. 1.15.4 Acceptable Use Policy which applies to all Users and tells you what you can and can’t do on “CLUBUB”;
  • e. 1.15.5 Complaints Policy - which sets out the procedure for making a complaint about any aspect of “CLUBUB”, and how we will deal with that complaint; and

If there is any conflict between these Terms of Use for all Users and any of the terms or policies listed at section 16(a) to (e) above, the Terms of Use for all Users will apply to the extent of the conflict.

 

2.0.0 TERMS OF USE FOR VIEWERS

BY USING OUR WEBSITE AS A VIEWER YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

  • 1. 2.1.0 Introduction: These Terms of Use for Viewers are additional terms which apply if you use “CLUBUB” as a Viewer (also referred to as "you" and "your" in these Terms of Use for Viewer). These Terms of Use for Viewers form part of your agreement with us.
  • 2. 2.2.0 Interpretation: In these Terms of Use for Viewers, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
  • a. 2.2.1 "Subscription" means a Viewer's monthly subscription to a Creator’s account;
  • b. 2.2.2 "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.
  • 3. 2.3.0 Other terms which will apply to your use of “CLUBUB”: The following terms will also apply to your use of “CLUBUB” and you agree to them:
  • a. 2.3.1 Our Terms of Use for all Users;
  • b. 2.3.2 Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
  • c. 2.3.3 Our Acceptable Use Policy – which tells you what you can and can't do on “CLUBUB”;
  • d. 2.3.4 Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of “CLUBUB”, and how we will deal with that complaint; and
  • e. 2.3.5 The Standard Contract between Viewer and Creator – which does not form part of your agreement with us, but applies to each transaction you enter into with any Creator and sets out the terms on which you will contract with Creators.
  • 4. 2.4.0 Other terms which may apply to your use of “CLUBUB”: The following additional terms may apply to your use of “CLUBUB”:

2.4.1 If you are also a Creator, the Terms of Use for Creators will apply to your use of “CLUBUB”as a Creator;

2.4.2 If you are a Creator who is established or resident in the INDIA, then THE INFORMATION TECHNOLOGY ACT, 2000 and other INDIAN laws will also apply to you; and

  • 5. 2.5.0 Your commitments to us: You warrant (which means you make a legally enforceable promise) that:

2.5.1 You are at least 18 years old;

2.5.2 If the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you are old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and

2.5.3 You are not be barred from accessing “CLUBUB” under any laws which apply to you.

  • 6. 2.6.0 Content - general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Viewer on “CLUBUB”:

2.6.1 You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on “CLUBUB”:

2.6.1.1 The Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);

2.6.1.2 You either own your Content (and all intellectual property rights in it) or have a valid license to your Content; and

2.6.1.3 If your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on “CLUBUB”.

2.6.2 You agree that you will be liable to us and indemnify us if any of the warranties at section 6(a) is untrue. This means you will be responsible for any loss or damage we suffer as a result of any warranty being untrue.

2.6.3 We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of “CLUBUB”. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.

  • 7. 2.7.0 Adult material: You acknowledge that you are aware that some of the Content on “CLUBUB” contains adult material, and you agree to take this into account when deciding where to access and view Content. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing Content containing adult material in a way which places you in breach of any contract you have with a third party (for example, your employment contract) or in breach of any applicable law.
  • 8. 2.8.0 Subscriptions and purchases by Viewers: This section describes the terms which apply to transactions and interactions between Viewers and Creators:
  • a. 2.8.1 All transactions and interactions facilitated by “CLUBUB” are contracts between Viewers and Creators on the terms of the Standard Contract between Viewer and Creator. Although we facilitate transactions and interactions between Viewers and Creators by providing the “CLUBUB” platform, storing Content, and acting as a payment intermediary, we are not a party to the Standard Contract between Viewer and Creator or any other contract which may exist between a Viewer and Creator, and are not responsible for any transactions or interactions between Viewers and Creators.
  • b. 2.8.2 Creators are solely responsible for determining (within the parameters for pricing on “CLUBUB”) the pricing applicable to transactions and interactions and the Content to which you may be given access. All prices appear in (Indian Rupees).
  • c. 2.8.3 Access Payments are exclusive of GST, which shall be added at the current rate as applicable to Access Payments.
  • d. 2.8.4 To view a Creator's Content and/or utilize the viewer interaction function on “CLUBUB”, you must first add a payment card to your account and then click the 'Subscribe' button on the relevant Creator's profile.
  • e. 2.8.5 You authorize us to supply your payment card details to a third-party payment provider for the purpose of processing your Access Payment. All Access Payments will be charged in (Indian Rupees).  Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we are not responsible for paying any charges or fees imposed by your payment card provider or bank.
  • f. 2.8.6 The payment provider will take (i) monthly payments from your payment card for Access Payments which are Subscriptions; and (ii) immediate payments from your payment card for ad hoc Access Payments such as use of the viewer interaction function on a Creator's account or paying a tip to the Creator. You authorize and consent to each of these payments being debited using your supplied payment card details.
  • g. 2.8.7 All Subscriptions to a Creator's profile will automatically renew at the end of the monthly subscription period, except if your payment card was declined, the subscription price has increased, or you have turned off the "Auto-Renew" switch located on the relevant Creator's profile. This means that if you want to stop subscribing to a Creator's profile and paying continuing monthly subscription charges, you will need to turn off the "Auto-Renew" switch located on the relevant Creator's profile.
  • h. 2.8.8 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.
  • i. 2.8.9 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.
  • j. 2.8.10 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.
  • 9. 2.9.0 Suspension of your User account: If we suspend your User account in accordance with our rights under the Terms of Service, then any Viewer Payments which would otherwise have fallen due during the period of suspension of your User account will be suspended during the period of the suspension of your User account.

3.0.0 TERMS OF USE FOR CREATORS

BY USING OUR WEBSITE AS A CREATOR YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

  • 1. 3.1.0 Introduction: These Terms of Use for Creators are additional terms which apply if you use “CLUBUB” as a Creator (also referred to as "you" and "your" in these Terms of Use for Creators). These Terms of Use for Creators form part of your agreement with us.
  • 2. 3.2.0 Interpretation: In these Terms of Use for Creators, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
  • a. 3.2.1 "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.
  • 3. 3.3.0 Other terms which will apply to your use of “CLUBUB”: The following terms will also apply to your use of “CLUBUB” and you agree to them:
  • a. 3.3.1 Our Terms of Use for all Users;
  • b. 3.3.2 Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
  • c. 3.3.3 Our Acceptable Use Policy – which tells you what you can and can’t do on “CLUBUB”;
  • d. 3.3.4 Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of “CLUBUB”, and how we will deal with that complaint; and
  • e. 3.3.5 The Standard Contract between Viewer and Creator – which does not form part of your agreement with us, but sets out the agreement between you and your Viewers for each transaction between you and them.
  • 4. 3.4.0 Other terms which may apply to your use of “CLUBUB”: The following additional terms may apply to your use of “CLUBUB”:
  • a. 3.4.1 If you are a Creator who is established or resident in INDIA, then THE INFORMATION TECHNOLOGY ACT, 2000 and other INDIAN laws will also apply to you; and
  • b. 3.4.2 If you are also a Viewer, the Terms of Use for Viewers will also apply to your use of “CLUBUB” as a Viewer; and
  • 5. 3.5.0 What are the fees that we charge Creators for the use of “CLUBUB”?

 We charge a fee to you of thirty per cent (30%) of all Viewer Payments made to you (exclusive of any GST element of the Viewer Payment) (called Our Fee). The remaining seventy per cent (70%) of the Viewer Payment (exclusive of any GST element of the Viewer Payment and the payment gateway charges) is payable to you (called "Creator Earnings"). Our Fee includes our costs of providing, maintaining and operating “CLUBUB” and storing your Content. Our Fee is deducted from the Viewer Payment, and Creator Earnings are paid to you in the way described in the Payouts to Creators section below.

 
  • 6. 3.6.0 How to set up your account as a Creator account: To set up your account as a Creator account:
  • a. 3.6.1 To create an account of the creator you need to complete the KYC norms of the CLUBUB and its background verification process.
  • 7. 3.7.0 Agencies cannot be Creators: Every Creator is the owner of their own account and must have access to their account at all times. If you have an agent or agency which assists you with the operation of your Creator account (or operates it on your behalf), this does not affect your personal legal responsibility. Our relationship is with you, and not your agent or agency, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms of Service.
 
  • 8. 3.8.0 Subscriptions and purchases by Viewers: This section describes the terms which apply to transactions and interactions between Viewers and Creators:
  • a. 3.8.1 All transactions and interactions facilitated by “CLUBUB” are contracts between Viewers and Creators on the terms of the Standard Contract between Viewer and Creator. Although we facilitate transactions and interactions between Viewers and Creators by providing the “CLUBUB” platform, storing Content, and acting as a payment intermediary, we are not a party to the Standard Contract between Viewer and Creator or any other contract which may exist between a Viewer and Creator, and are not responsible for any transactions or interactions between Viewers and Creators.
  • b. 3.8.2 Access Payments are exclusive of GST, which shall be added at the current rate as applicable to Access Payments.
  • c. 3.8.3 When a Viewer has made the required payment for access to your Content, for the provision of customized Content or for use of the viewer interaction function on your account, you must allow the Viewer to view the Content paid for and/or provide the custom Content and/or allow the Viewer to use the viewer interaction function paid for (as applicable). You agree that you will indemnify us for any breach by you of this obligation (which means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of you failing to comply with this obligation).
  • 9. 3.9.0 Content – general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Creator on “CLUBUB”:
  • a. 3.9.1 Your Content is not confidential, and you authorize your Viewers to access and view your Content on “CLUBUB” for their own lawful and personal use, and in accordance with any licenses that you grant to your Viewers.
  • b. 3.9.2 You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on “CLUBUB”:
    • i. 3.9.2.1 The Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
    • ii. 3.9.2.2 You hold all rights necessary to license and deal in your Content on “CLUBUB”, including in each territory where you have Viewers and in INDIA;
    • iii. 3.9.2.3 You either own your Content (and all intellectual property rights in it) or have a valid license to offer and supply your Content to your Viewers;
    • iv. 3.9.2.4 If your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on “CLUBUB”; and
    • v. 3.9.2.5 The Content is:
      1. 1. 3.9.2.5.1 Of satisfactory quality, taking account of any description of the Content, the price, and all other relevant circumstances including any statement or representation which you make about the nature of the Content on your account or in any advertising;
      2. 2. 3.9.2.5.2 Reasonably suitable for any purpose which the Viewer has made known to you is the purpose for which the Viewer is using the Content; and
      3. 3. 3.9.2.5.3 As described by you.
  • c. 3.9.3 You agree that you will be liable to us and indemnify us if any of the warranties at section 9(b) is untrue. This means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the warranties being untrue.
  • d. 3.9.4 We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of “CLUBUB”. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
  • e. 3.9.5 You also agree to act as custodian of records for the Content that you upload to “CLUBUB”.
  • 10. 3.10.0 Co-authored Content:
  • a. 3.10.1 If you upload Content to your Creator account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) ("Co-Authored Content"), you warrant (which means you make a legally enforceable promise) that each individual shown in any Co-Authored Content uploaded to your account:
    • i. 3.10.1.1 Is a Creator on “CLUBUB”;
    • ii. 3.10.1.2 Has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and
    • iii. 3.10.1.3 Has consented to the Co-Authored Content in which he or she appears being posted on “CLUBUB”.
  • b. 3.10.2 In addition to the confirmations in section 10(a) above, you agree that if you upload Co-Authored Content where the other person or people appearing in the Content can be identified from the Content, you will tag the “CLUBUB” account(s) of any person or people appearing in the Co-Authored Content who can be identified from it.
  • c. 3.10.3 You must not upload any Content containing any image, photo, video or audio of anyone else other than or addition to you unless such person is also a Creator on “CLUBUB”.
  • d. 3.10.4 If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on “CLUBUB”.
  • e. 3.10.5 You agree that we will only pay out Creator Earnings to the account of the Creator to which the Co-Authored Content is uploaded. The Creator who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the Creators shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between Creators, and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Creator Earnings earned on any Co-Authored Content in which you appear but which is posted on another Creator’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Creator, terminate your account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.
  • f. 3.10.6 You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Creator(s) who posted Co-Authored Content or appeared in the Co-Authored Content (as applicable).
 
  • 11. 3.11.0 PAYOUTS TO CREATORS:(MODE OF PAYMENT TO CREATERS AND HOW CAN THEY WITHDRAW THE AMOUNT)
  • a. 3.11.1 All Fan Payments will be received by a third-party payment provider approved by us.
  • b. 3.11.2 To make a withdrawal of Creator Earnings from your Clubub account, you must have at least the minimum Payout amount in your Clubub account.
  • c. 3.11.3 To get your payments, you need to update the KYC norms and bank account details with the CLUBUB.
  • d. 3.11.4 Once your holds are resolved you'll be paid by the mode of RTGS after deducting the transfer charges, when your earnings reach your local payment threshold of 30 days.
  • e. 3.11.5 Except for Payout Options involving payment by direct bank transfer from us, we do not store any data disclosed by you when you register your Payout Options with a third-party payment provider.
 
  • 12. 3.12.0 Circumstances in which we may withhold Creator Earnings:
  • a. 3.12.1 We may withhold all or any part of the Creator Earnings due to you but not yet paid out:
    • i. 3.12.1.1 If we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
    • ii. 3.12.1.2 If you attempt or threat to breach any part of the Terms of Service in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
    • iii. 3.12.1.3 If we suspect that all or any part of the Creator Earnings result from unlawful activity, either by you or by the Viewer who made the Viewer Payment resulting in the Creator Earnings,

for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) the Creator Earnings result from unlawful activity, we may notify you that you have forfeited your Creator Earnings.

  • b. 3.12.2 We shall not have any responsibility to you if we withhold or forfeit any of your Creator Earnings where we have a right to do so under these Terms of Use for Creators.
  • c. 3.12.3 If we are withholding all or any part of the Creator Earnings due to you and we determine that part of the Creator Earnings withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful activity, then we may pay to you the part of the Creator Earnings which we determine to be unrelated to breaches by you of the Terms of Service or suspected unlawful activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all Creator Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.
  • d. 3.12.4 If once we have finished our investigation we determine that Creator Earnings are forfeited, we will use our best efforts to return any Access Payments which resulted in forfeited Creator Earnings to the relevant Viewers who paid such Access Payments.


 
  • 13. 3.13.0 Promoting Tax compliance:
  • a. 3.13.1 General:
    • i. 3.13.1.1 We recommend that all Creators seek professional advice to ensure you are compliant with your local Tax and GST rules, based on your individual circumstances.
    • ii. 3.13.1.2 By using “CLUBUB” as a Creator, you warrant (which means you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of “CLUBUB” to the relevant Tax authority in your jurisdiction, as required by law.
    • iii. 3.13.1.3 By using “CLUBUB” as a Creator you warrant (which means you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to Tax which apply to you. If, at any point whilst you have an “CLUBUB” account, any Tax non-compliance occurs in relation to you (including a failure by you to report earnings or the imposition on you of any penalty or interest relating to Tax) or if any litigation, enquiry, or investigation is commenced against you that is in connection with, or which may lead to, any occurrence of Tax non-compliance, you agree that you will:
 
  1. 1. 3.13.1.3.1 Notify us by email to support@clubub.com  in writing within 7 days of the occurrence of the Tax non-compliance or the commencement of the litigation, enquiry or investigation (as applicable); and
  2. 2. 3.13.1.3.2 Promptly provide us by email to support@clubub.com with:
    • a. 3.13.1.3.2.1 Details of the steps which you are taking to address the occurrence of the Tax non-compliance and to prevent the same from happening again, together with any mitigating factors that you consider relevant; and
    • b. 3.13.1.3.2.2 Such other information in relation to the occurrence of the Tax non-compliance as we may reasonably require.
  1. iv. 3.13.1.4 For the avoidance of doubt, you are responsible for your own Tax affairs and “CLUBUB” is not responsible or liable for any non-payment of Tax by Creators.
  2. v. 3.13.1.5 We reserve the right to close your “CLUBUB” account if we are notified of or become aware of any Tax non-compliance by you.

Contact Us

Don't hesitate to contact us if you have any questions.

  • Via Email:  support@clubub.com
  • Via this Link: https://www.clubub.com/contact
  • Via Address: 1, 2, Sarkarayar Street, Peelamedu, Hope College, Coimbatore, Tamil Nadu 641004, India.
 

Updated: January 2024

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