Terms of Service for ClubCreator.com also known as TeamUp.zone

Date of Last Revision: July 13, 2018

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") is the ClubCreator.com and TeamUp.zone terms of service agreement. These Terms governs our relationship with users and others who interact with ClubCreator.com also known as clubcreator.com, as well as ClubCreator.com services, which we call the ClubCreator.com Services. By using or accessing the ClubCreator.com website or mobile applications, you agree to this Statement. By creating an account on ClubCreator.com, you agree to comply with all of the terms listed in this Statement.

Sharing Your Content and Information

You own all of the content and information you post on clubcreator.com. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: 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 clubcreator.com (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. 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). When you post content or information on on clubcreator.com, it means that you are allowing everyone to access and use that information, and to associate it with you (i.e., your name and profile picture). We appreciate your feedback and suggestions for improvement for clubcreator.com, and you understand that we may use your feedback or suggestions without any obligation to compensate you for them.

Safety

We are committed towards keeping ClubCreator.com safe, but we cannot guarantee it. We need your assistance in keeping ClubCreator.com safe, which includes the following commitments by you:

Registration and Account Security

ClubCreator.com users provide their real names, birth dates, and information, and we need your assistance to keep it that way. Here are some commitments that you agree to make to ClubCreator.com regarding registering and maintaining the security of your account:

Protecting Other People's Rights

Mobile and Other Devices

We currently provide our mobile services for free. Be aware that your carrier's normal rates and fees, such as data charges, will still apply.

Amendments

We will notify you before we make changes to these terms and give you the opportunity to review the revised terms before continuing to use our Services. If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the login page. Your continued use of the clubcreator.com Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.

Termination

If you violate the terms of this Statement, or otherwise create risk or possible legal exposure for us, we may delete or disable your account and/or prevent you from accessing ClubCreator.com. You may also delete your account or team (if you are the team owner) at any time.

We may delete or disable your account or your team at any time for any reason, with or without notice.

Disputes

You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or clubcreator.com exclusively in the U.S. District Court for the Northern District of Florida or a state court located in Duval County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Florida will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. If anyone brings a claim against us related to your actions, content or information on clubcreator.com, 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. Although we provide rules for user conduct, we do not control or direct users' actions on clubcreator.com and are not responsible for the content or information users transmit or share on clubcreator.com. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on clubcreator.com. We are not responsible for the conduct, whether online or offline, of any user of clubcreator.com. WE TRY TO KEEP clubcreator.com UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING clubcreator.com 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 clubcreator.com WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT clubcreator.com WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. clubcreator.com 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. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE ยง1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. 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 STATEMENT OR clubcreator.com, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR clubcreator.com 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, clubcreator.com'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Special Provisions Applicable to Users Outside the United States

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with ClubCreator.com outside the United States: You consent to having your personal data transferred to and processed in the United States. 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 clubcreator.com (such as advertising or payments) or operate a Platform application or website. You will not use clubcreator.com if you are prohibited from receiving products, services, or software originating from the United States.

Definitions

Other

This Statement is an agreement between you and ClubCreator.com. References to us, we, and ClubCreator.com. This Statement makes up the entire agreement between the parties regarding ClubCreator.com, and supersedes any prior agreements. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this Statement, it will not be considered a waiver. Any amendment to or waiver of this Statement must be made in writing and signed by us. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Statement shall prevent us from complying with the law. This Statement does not confer any third party beneficiary rights. We reserve all rights not expressly granted to you. You will comply with all applicable laws when using or accessing clubcreator.com.

By using or accessing ClubCreator.com Services, you agree that we can collect and use such content and information in accordance with the Data Policy as amended from time to time.

Please report abuse of the Terms aka "Terms of Service" by emailing [email protected].

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