Terms of Use

 

This Terms of Use Agreement is updated and modified from time to time as deemed necessary by Clubster.  We encourage users to return periodically to review and take note of any update and changes to these Terms of Use.

 

This Terms of Use Agreement ("Agreement") governs our relationship with users and others who interact with Clubster.  By using or accessing Clubster, you agree to the following:

 

Privacy 

 

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Clubster to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

 

  1. Sharing Your Content and Information 

 

You own all of the content and information you post on Clubster, and you can control how it is shared through your privacy and account settings.  In addition:

 

  1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and account settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Clubster ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
  2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  3. We always appreciate your feedback or other suggestions about Clubster, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

 

  1. Safety 

 

We do our best to keep Clubster safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

 

  1. You will not send or otherwise post unauthorized commercial communications (such as spam) on Clubster.
  2. You will not collect users' content or information, or otherwise access Clubster, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Clubster.
  4. You will not upload viruses or other malicious code.
  5. You will not solicit login information or access an account belonging to someone else.
  6. You will not bully, intimidate, or harass any user.
  7. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
  8. You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
  9. You will not offer any contest, giveaway, or sweepstakes ("promotion") on Clubster without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
  10. You will not use Clubster to do anything unlawful, misleading, malicious, or discriminatory.
  11. You will not do anything that could disable, overburden, or impair the proper working of Clubster, such as a denial of service attack.
  12. You will not facilitate or encourage any violations of this Agreement.

 

  1. Registration and Account Security 

 

Clubster users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

 

  1. You will not provide any false personal information on Clubster, or create an account for anyone other than yourself without permission.
  2. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
  3. You will not use Clubster if you are under 13.
  4. You will not use Clubster if you are a convicted sex offender.
  5. You will keep your contact information accurate and up-to-date.
  6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  7. You will not transfer your account to anyone without first getting our written permission.
  8. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

 

  1. Protecting Other People's Rights 

 

We respect other people's rights, and expect you to do the same.

 

  1. You will not post content or take any action on Clubster that infringes or violates someone else's rights or otherwise violates the law.
  2. We can remove any content or information you post on Clubster if we believe that it violates this Agreement.
  3. If you believe your intellectual property rights have been violated; you may contact us at:

 

        Clubster, LLC

        Attn:  Copyrights

        11911 NE 1st Street B101

        Belleview, WA 98005 USA

 

  1. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
  2. You will not use our copyrights or trademarks (including Clubster, the Clubster and Key Logos), or any confusingly similar marks, without our written permission.
  3. If you collect information from users, you will: obtain their consent, make it clear you (and not Clubster) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  4. You will not post anyone's identification documents or sensitive financial information on Clubster.
  5. You will not send email invitations to non-users without their consent.

 

  1. Mobile 

 

  1. We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
  2. In the event you change or deactivate your mobile telephone number, you will update your account information on Clubster within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

 

  1. Payments 

 

If, for any reason, you make a payment on Clubster, you agree to our Payments Terms.

 

 

  1. About Opt-in Special Offers and Promotions on Clubster 

 

Our goal is to deliver opt-in special offers and promotions that are not only valuable to Clubster, but also valuable to you. In order to do that, you agree to the following:

 

  1. We do not give your content or information to third parties without your consent.
  2. You understand that we may not always identify paid services and communications as such.

 

  1. Termination 

 

If you violate the letter or spirit of this Agreement, or otherwise create possible legal exposure for us, we can stop providing all or part of Clubster to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.

 

  1. Disputes 

 

  1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Agreement or Clubster exclusively in a state or federal court located in King County. The laws of the State of Washington will govern this Agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in King County, Washington for the purpose of litigating all such claims.
  2. If anyone brings a claim against us related to your actions, content or information on Clubster, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
  3. WE TRY TO KEEP CLUBSTER UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING CLUBSTER "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT CLUBSTER WILL BE SAFE OR SECURE. CLUBSTER IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR CLUBSTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR CLUBSTER WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CLUBSTER'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

  1. Special Provisions Applicable to Users Outside the United States 

 

We strive to create a global Clubster community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:

 

  1. You consent to having your personal data transferred to and processed in the United States.
  2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Clubster (such as advertising or payments).

 

  1. Definitions 

 

  1. By "Clubster" we mean the features and services we make available, including through (a) our website at www.Clubster.com and any other Clubster branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
  2. By "us," "we" and "our" we mean Clubster, LLC.
  3. By "Platform" we mean a set of APIs and services that enable applications, developers, operators or services, including Connect and RSS feeds, to retrieve data from Clubster or provide data to us.
  4. By "information" we mean facts and other information about you, including actions you take.
  5. By "content" we mean anything you post on Clubster that would not be included in the definition of "information."
  6. By "data" we mean content and information that third parties can retrieve from Clubster or provide to Clubster through Platform.
  7. By "post" we mean post on Clubster or otherwise make available to us (such as by using an application).
  8. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
  9. By "active registered user" we mean a user who has logged into Clubster at least once in the previous 30 days.
  10. By "application" we mean any application or website (including Connect sites) that uses or accesses Platform, as well as anything else that receives data.

 

  1. Other 

 

  1. This Agreement makes up the entire agreement between the parties regarding Clubster, and supersedes any prior agreements.
  2. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
  3. If we fail to enforce any of this Agreement, it will not be considered a waiver.
  4. Any amendment to or waiver of this Agreement must be made in writing and signed by us.
  5. You will not transfer any of your rights or obligations under this Agreement to anyone else without our consent.
  6. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  7. Nothing in this Agreement shall prevent us from complying with the law.
  8. This Agreement does not confer any third party beneficiary rights.