Terms and Conditions
End-User License Agreement
Please read this End-User License Agreement carefully before clicking the "I Agree" button, downloading or using KlubHub .
KlubHub Terms and Conditions
Effective Date February 10, 2023
Terms and Conditions for Use of KlubHub
- 1. Introduction: These terms and conditions (the "Terms") govern your use of the KlubHub website and services (collectively, the "Service"). By using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to use the Service.
- 2. Objectionable Content: You agree not to upload, post, or otherwise transmit any content that is illegal, harmful, abusive, defamatory, obscene, or otherwise objectionable. This includes, but is not limited to, content that contains hate speech, personal attacks, sexually explicit material, or violent images. KlubHub reserves the right to remove any content that it deems to be in violation of this policy.
- 3. Abusive Users: You agree not to use the Service to harass, bully, or otherwise abuse other users. This includes, but is not limited to, making threats, posting personal information, or engaging in any other behavior that is intended to harm or intimidate another person. KlubHub reserves the right to terminate the accounts of users who violate this policy.
- 4. Responsibility for Content: You are solely responsible for the content that you upload, post, or otherwise transmit through the Service. KlubHub does not endorse any user-generated content and is not responsible for the accuracy, legality, or quality of the content posted on the Service.
- 5. Limitation of Liability: KlubHub is not responsible for any damages resulting from your use of the Service, including, but not limited to, loss of profits, loss of data, or any other type of damages.
- 6. Changes to Terms: KlubHub may modify these Terms at any time and will notify users of such changes. Your continued use of the Service following any modifications constitutes your acceptance of the new terms.
- 7. Termination: KlubHub reserves the right to terminate your use of the Service at any time, for any reason, with or without notice.
- 8. Governing Law: These Terms will be governed by and construed in accordance with the laws of the state in which the Service is provided. By using the Service, you acknowledge that you have read these Terms and agree to be bound by them. If you do not agree to these Terms, you are not authorized to use the Service.
Our app is not connected to any third-party sources, allowing you to easily download and save music, videos, and other media to your device. With a user-friendly interface and streamlined navigation, finding and organizing your media has never been easier. Whether you want to enjoy your favorite tunes on the go or catch up on the latest video content, KlubHub has you covered.
What’s in these terms?
This index is designed to help you understand some of the key updates we’ve made to our Terms of Service (Terms). We hope this serves as a useful guide, but please ensure you read the Terms in full.
Welcome to KlubHub!
This section outlines our relationship with you. It includes a description of the Service, defines our Agreement, and names your service provider.
Who May Use the Service?
This section sets out certain requirements for use of the Service and defines categories of users.
Your Use of the Service
This section explains your rights to use the Service, and the conditions that apply to your use of the Service. It also explains how we may make changes to the Service.
Your Content and Conduct
This section applies to users who provide Content to the Service. It defines the scope of the permissions that you grant by uploading your Content and includes your agreement not to upload anything that infringes on anyone else’s rights.
Account Suspension and Termination
This section explains how you and KlubHub may terminate this relationship.
About Software in the Service
This section includes details about the software on the Service.
Other Legal Terms
This section includes our service commitment to you. It also explains that there are some things we will not be responsible for.
About this Agreement
This section includes some further important details about our contract, including what to expect if we need to make changes to these Terms; or which law applies to them.
Terms of Service
Date: January 5, 2022
TERMS OF SERVICE
English Courtesy Translation
Welcome to KlubHub!
Thank you for using the KlubHub products, services and features provided to you from the platform (collectively, the “Service”).
The Service allows you to discover, watch and share videos and other content, provides a forum for people to connect, inform, and inspire others across the globe, and acts as a distribution platform for original content creators and advertisers large and small. We provide lots of information about our products and how to use them in our Help Center.
Your Service Provider
The entity providing the Service is KlubHub LLC, a company operating under the laws of Delaware, located at 368 W. Pike Street, Lawrenceville, GA, 30046 (referred to as “KlubHub”, “we”, “us”, or “our”). References to KlubHub’s “Affiliates” in these terms mean the other companies within the Kyles Kapital corporate group (now or in the future).
Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.
By accepting this Agreement, you affirm that you are 18 years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. In case you are below 18 years of age, the restrictions and requirements below apply.
Who may use the Service?
You must be at least 8 years old to use the Service; however, children of all ages may use the Service and KlubHub Kids (where available) if enabled by a parent or legal guardian.
Permission by Parent or Guardian
If you are considered a minor in your country, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.
If you are a parent or legal guardian of a minor in your country, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. You can find tools and resources to help you manage your family’s experience on KlubHub (including how to enable a child under the age of 13 to use the Service and KlubHub Kids) in our Help Center and through KlubHub’s Family Link.
If you are using the Service on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
Your Use of the Service
Content on the Service
The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials (collectively, "Content”).
Content is the responsibility of the person or entity that provides it to the Service. KlubHub is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the Community Guidelines or the law, you can report it to us.
KlubHub Accounts and KlubHub Channels
You can use parts of the Service, such as browsing and searching for Content, without having a KlubHub account. However, you do need a KlubHub account to use some features. With a KlubHub account, you may be able to like videos, subscribe to channels, create your own KlubHub channel, and more. You can follow these instructions to create a KlubHub account.
Creating a KlubHub channel will give you access to additional features and functions, such as uploading videos, making comments or creating playlists (where available). Here are some details about how to create your own KlubHub channel.
To protect your KlubHub account, keep your password confidential. You should not reuse your KlubHub account password on third-party applications. Learn more about keeping your KlubHub account secure, including what to do if you learn of any unauthorised use of your password or KlubHub account.
We will process any audio or audiovisual content uploaded by you to the Service in accordance with the KlubHub Data Processing Terms, except in cases where you uploaded such content for personal purposes or household activities. Learn More.
Permissions and Restrictions
You may use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use. You may also show KlubHub videos through the embeddable KlubHub player.
The following restrictions apply to your use of the Service. You are not allowed to:
- 1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from KlubHub and, if applicable, the respective rights holders;
- 2. circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
- 3. access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines, in accordance with KlubHub’s robots.txt file; or (b) with KlubHub’s prior written permission;
- 4. collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person or allowed under section (3) above;
- 5. use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
- 6. cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics in any manner;
- 7. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
- 8. run contests on or through the Service that do not comply with KlubHub’s contest policies and guidelines;
- 9. use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or
- 10. use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the Advertising on KlubHub policies (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where KlubHub videos are the main draw for users visiting the webpage).
Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or KlubHub).
Develop, Improve and Update the Service
KlubHub is constantly changing and improving the Service. As part of this continual evolution, we may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. When the Service requires or includes downloadable software (such as the KlubHub Studio application), that software may update automatically on your device once a new version or feature is available, subject to your device settings. If we make material changes that negatively impact your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. We’ll also provide you with an opportunity to export your content from your KlubHub Account using KlubHub Takeout, subject to applicable law and policies.
Your Content and Conduct
If you have a KlubHub channel, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement (including the KlubHub Community Guidelines) or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, including spam and malware.
Rights you Grant
You retain ownership rights in your Content. However, we do require you to grant certain rights to KlubHub and other users of the Service, as described below.
License to KlubHub
By providing Content to the Service, you grant to KlubHub a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it). KlubHub may only use that Content in connection with the Service and KlubHub’s (and its successors’ and Affiliates) business, including for the purpose of promoting and redistributing part or all of the Service.
License to Other Users
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.
Duration of License
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that KlubHub may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.
Right to Monetize
You grant to KlubHub the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments. Starting June 1, 2021, any payments you may be entitled to receive from KlubHub under any other agreement between you and KlubHub (including for example payments under the KlubHub Partner Program, Channel memberships or Super Chat) will be treated as royalties. If required by law, KlubHub will withhold taxes from such payments.
Removing Your Content
You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms.
Removal of Content By KlubHub
If we reasonably believe that any of your Content (1) is in breach of this Agreement or (2) may cause harm to KlubHub, our users, or third parties, we reserve the right to remove or take down that Content in accordance with applicable law. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for KlubHub or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, KlubHub or our Affiliates. You can learn more about reporting and enforcement, including how to appeal on the Troubleshooting page of our Help Center.
Community Guidelines Strikes
KlubHub operates a system of “strikes” in respect of Content that violates the KlubHub Community Guidelines. Each strike comes with varying restrictions and may result in the permanent removal of your channel from KlubHub. A full description of how a strike affects your channel is available on the Community Guidelines Strikes Basics page. If you believe that a strike has been issued in error, you may appeal here.
If your channel has been restricted due to a strike, you must not use another channel to circumvent these restrictions. Violation of this prohibition is a material breach of this Agreement and KlubHub reserves the right to terminate your KlubHub account or your access to all or part of the Service.
We provide information to help copyright holders manage their intellectual property online in our KlubHub Copyright Center. If you believe your copyright has been infringed on the Service, please send us a notice.
We respond to notices of alleged copyright infringement according to the process in our KlubHub Copyright Center, where you can also find information about how to resolve a copyright strike. KlubHub's policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service.
Account Suspension & Termination
Terminations by You
You may stop using the Service at any time. Follow these instructions to delete the Service from your KlubHub Account, which involves closing your KlubHub channel and removing your data. You also have the option to download a copy of your data first.
Terminations and Suspensions by KlubHub
KlubHub reserves the right to suspend or terminate your KlubHub account or your access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, KlubHub or our Affiliates.
Notice for Termination or Suspension
We will notify you with the reason for termination or suspension by KlubHub unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority,; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any user, other third party, KlubHub or our Affiliates. Where KlubHub is terminating your use for Service changes, where reasonably possible, you will be provided with sufficient time to export your Content from the Service.
Effect of Account Suspension or Termination
If your KlubHub account is terminated or your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use.
About Software in the Service
When the Service requires or includes downloadable software (such as the KlubHub Studio application), unless that software is governed by additional terms which provide a license, KlubHub gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by KlubHub as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by KlubHub, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, sublicense or lease any part of the software unless you have KlubHub’s written permission.
Some software used in our Service may be offered under an open source, royalty-free license that we provide to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.
Other Legal Terms
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND KlubHub DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.
Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, KlubHub, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
- 1. ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
- 2. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
- 3. ANY UNAUTHORIZED USE OF THE SERVICE;
- 4. ANY INTERRUPTION OR CESSATION OF THE SERVICE;
- 5. ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
- 6. ANY CONTENT WHETHER SUBMITTED BY A USER OR KlubHub, INCLUDING YOUR USE OF CONTENT; AND/OR
- 7. THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, KlubHub AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT KlubHub HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO KlubHub, OF THE CLAIM AND (B) USD $500, WHICHEVER IS HIGHER.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless KlubHub, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of he Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
About this Agreement
Changing this Agreement
We may change this Agreement, (1) to reflect changes to our Service or how we do business - for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons or (3) to prevent abuse or harm.
If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.
Continuation of this Agreement
If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
California law will govern all disputes arising out of or relating to these terms or the Service, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of Santa Clara County, California, USA, and you and KlubHub consent to personal jurisdiction in those courts.
If applicable local law prevents these disputes from being resolved in a California court, then you can file these disputes in your local courts. Likewise, if applicable local law prevents your local court from applying California law to resolve these disputes, then these disputes will be governed by the laws of your country of residence.