Terms & Conditions

Last updated: 06.01.2019


Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.clubberspot.com website (the "Website") operated by Clubberspot International Ltd ("us", "we", or "our").

Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website.

These Terms And Conditions govern your use of this Website; by using this Website, you accept these Terms And Conditions in full. If you disagree with these Terms And Conditions or any part of these Terms And Conditions, you must not use this Website.

You must be at least 18 years of age to use this Website. By using this Website and by agreeing to these Terms And Conditions you warrant and represent that you are at least 18 years of age.

This Website uses cookies. By using this Website and agreeing to these Terms, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

The Privacy Policy is a part of these Terms and Conditions.


1. TERMS AND DEFINITIONS

Account - an account on the Website registered by the User by using e-mail or profiles on social networks, allowing them to get full access to the Website.

Company is a company Clubberspot International Ltd, registered in accordance with the law of Seychelles, registration number 204485, registered location Suites 103, 106 & 107, Premier Building, Victoria, Mahe, Republic of Seychelles, which owns the rights to the Website.

Content of Website - Website, Services, related technologies, as well as information and content available on the Website except for the User Content.

Devices - personal computer of the User, tablet, smartphone, as well as other electronic means by which the User gets access to the Website.

External Platforms - other platforms (except the Website), including social networks, with the help of which the User can get access to the Website.

Guests - individuals which register the Account on the Website to find the Venues, Performers and other events.

Legislation - the laws of England and Wales or other state (in accordance with international treaties) applicable to the legal relationship between the Company and the User.

Not-Registered User - an individual or an entity, regardless of the country of citizenship or residence that visits the Website, does not register the Account on the Website and uses the Website not in full.

Performer - an individual or an entity which registers the Account on the Website to find and communicate with the Venues for invitation them to events, research and organize events and so on.

Services - information services provided to the User by visiting or using the Website.

Trademarks - all trademarks, logos and Website or Service marks which are found on the Website or Services.

Registered User - an individual or organization, regardless of the country of citizenship or residence that visits the Website, registers the Account on the Website and uses the Services in full as the Guests, Performer or Venues.

User Content - content or other information that the User downloads, publishes or otherwise provides access through the Website and the use of the Services.

User - both Registered User and Not-Registered User.

Venues - individuals which registry the Account on the Website to research and communicate with the Performer, research of events for take a part there and so on.

Website - the website www.clubberspot.com, on which the Services for Users are provided.

The meaning of the terms defined in these Terms remains unchanged regardless of the number or case in which they are used, and also whether they are written with an uppercase or lowercase letter.


2. ACCEPTANCE OF TERMS & CONDITIONS

The Company makes this Website, including all information, graphics, documents, texts, products and all other elements of the Website, all products offered on this Website and the Services provided on this Website according to these Terms.

The Company reserves the right to deny the User in providing access to the Website and / or the Services without their notification on any grounds, including due to the violation of the terms of these Terms. The Company reserves the right to terminate the provision of the Services or change their content at any time, on any grounds, without any liability to the Company.

The information about changing the terms of the Terms is carried out by way of publication an updated version on the Website for the Not-Registered User or the notification of the Registered User by e-mail. Failure to provide accurate and up-to-date contact information does not exempt the User from liability to comply with these Terms with amendments which may be adopted from time to time.

If there is no updated version on the Website or failure of notifying the Registered User by e-mail, the User will have to confirm that he/she accepts updated Terms before continuing to use the Company's Services. In case of disagreement, the User will be obliged to stop using the Company's Services as the Not-Registered User and/or delete Account as the Registered User on the Website.


3. DESCRIPTION OF SERVICES

Using the Devices and this Website, the Users have different rights depending on their type.

Not-Registered Users get access only to the next Services:

  1. Reading information about the Website, intro.
  2. Searching clubs and reading information about them.
  3. Searching for Venues.
  4. Searching for events.
  5. Registration as the Guests, Performer or Venues;
  6. Subscription to news.

Guests get access to the next Services:

  1. Management of their account:
    1. Log in / password management
    2. Management of information (description, avatar, address, photo, etc.).
  2. Searching for the Performer.
  3. Searching for the Venues.
  4. Searching for events
  5. Subscription to news the Performer.
  6. Subscription to news of the Venues.

Performers get access to the next Services:

  1. Management of their account:
    1. Log in / password management.
    2. Management of information about the Performers (description, avatar, address, etc.).
  2. Working with the Venues:
    1. Searching for the Venues.
    2. Invitation of the Venues.
    3. Recognition / rejection of requests from the Venues.
    4. Contracting with the Venues.
    5. Assigning the Venues to events
  3. Working with events:
    1. Searching for events.
    2. Creating / editing an event (date, time, description, etc.)
    3. Assigning the Venues to an event.
    4. Deleting / archiving events.
  4. Subscription to news of the Performers.
  5. Subscription to news of the Venues.

Promoters get access to the next Services:

  1. Management of their account:
    1. Log in / password management.
    2. Management of information about them (description, avatar, address, photo, etc.).
  2. Working with the Performers:
    1. Searching for the Performers.
    2. Applying for an event in the Performers.
    3. Recognition / rejection of requests from Performers.
    4. Contracting with the Performers.
  3. Working with events:
    1. Searching for events.
    2. Confirmation / rejection of participation in the event.
  4. Subscription to news of the Performers.
  5. Subscription to news of the Venues.

4. USE OF THE WEBSITE

The Company reserves the right to change the Website and/or Services at any time without any warnings and is not liable for any damage that may be caused to the User.

The Website and/or Services may be subject to errors, including critical ones. The Company is not liable for the harm caused by such errors of the Website and/or Services.

The Users bears full responsibility for any unauthorized use by minors of the Website and/or the Services associated with its Account.

The User can use the Website and/or Services only for non-commercial purposes.

The User shall not use the Website and/or Services to commit or participate in illicit acts.

Any attempt of the User to damage Company's servers or undermine Company's legitimate business is a violation of criminal and civil legislation. In case of such attempts or User’s participation in attacks on servers, the Company reserves the right to demand a full compensation of losses from the User, as permitted by law.

The Registered User is prohibited to rent, sell, give, bequeath or otherwise transfer their Account to anyone without the written permission of the Company.

The User is not allowed to have access or use the Account that have been leased, sold, given, bequeathed or otherwise transferred from the creator of the Account without the written permission of the Company.

The User is not allowed to have an Account or use Company's Services if the Account of such a User was previously deleted by the Company or blocked from participation in any of Company's services.

The User is not allowed to have more than one Account on one External Platform and create accounts using false information about the User, as well as provide data of third party during the creation of the Account.

The Registered User is not allowed to use the Account for advertising purposes, collect and distribute commercial advertising, including mailings and letters of advertising nature (spam) to any person.

The User is not allowed to access the Account of another Registered User without its permission.

The User is not allowed to request and collect information about other Users.

The User is not allowed to publish, request and provide links to materials or resources of a sexual nature, materials containing threats, false or defamatory information calling for racial discrimination or other aggression, and other inappropriate materials.

The User is prohibited to discuss, promote and use images and texts or scenes of a sexual nature involving minors.

The User is not allowed to use the functionality of the Website and Company's Services not for their intended purpose. The User has no right to disable any functions related to the security of the Website and the Services of the Company.

The User is not allowed to reverse-engineer, decompile or decode the code and algorithms of the Website where the Company's Services are provided.


5. USER ACCOUNT

The condition for using the Website and the Services of the Company is the creation of an Account and/or acceptance of these Terms. To create an Account, the User provides a User\`s name, date of birth, place of residence, password, e-mail address, information about his/her page on the External Platform in order to link the Account to the Account page on the External Platform and other information.

When creating an Account, the Website processes information about the location of the Registered User, the IP address of its Device, and the technical characteristics of its Device. The information provided by the User when registering the Account on the Website will be stored and used in accordance with the Privacy Policy. The Registered User agrees to provide the Company with accurate and complete information, as well as update such information as necessary as soon as possible.

The Registered User agrees that his/her nickname, User number, profile name and image can be publicly available to other Users and some search engines can index the name and image in the profile. In order to ensure the security of the Account, as well as the information that the Registered User provided when registering the Account, the Registered User must comply with the following rules:

  1. The Registered User must not provide information about its Account to third parties, allow access to or use of its account, or perform any other actions that may endanger the security of its Account.
  2. In the event that the Registered User has found out, or the User has grounds to suspect any breach of security, including, but not exclusively, any theft, loss, unauthorized disclosure of the Account information, the Registered User must immediately notify the Company and change the information of their Account;
  3. The Registered User is fully responsible for maintaining the confidentiality of its information for logging in to the Account, and he\\she is responsible for any use of such information including any purchases made using such Account, regardless of Registered User's permission;
  4. The Registered User is fully responsible for any unauthorized use of its Account. Text, graphic, audiovisual and other materials that were provided by the User should not:
    1. Violate the rights of intellectual property of third parties.
    2. To be an insult, libel or indecent behavior.
    3. Promote violence or hate.
    4. Violate the Legislation.
    5. Contain information of a sexual nature and promote illegal actions.

The Company reserves the right to terminate or restrict access to the Website and Company's Services for any reason, including but not limited to, based on the receipt of notices from other Users about User's violation of the Terms. Employees and authorized persons of the Company independently evaluate the provided evidence and information and make decisions concerning limiting or stopping User's access to the Website and / or the Company's Services.


6. CONFIDENTIALITY

Any information provided by the User and used in the Company's Services is used in accordance with the Company's Privacy Policy.


7. MATERIALS OF THIRD PARTIES

In order to use the Website and/or Services, the User may need to get and / or use certain third-party products, services and/or third-party materials. Third-party materials are:

  1. Neither transferred under license under these Terms, nor
  2. Controlled and licensed by the Company.

The Company may provide a list of third party materials upon written request. Despite anything contrary to the foregoing, nothing in these Terms shall be construed as granting the User any right or license to use third-party materials.


8. CHANGES TO THE TERMS AND CONDITIONS

The Company reserves the right to modify, suspend or terminate any Services or any part thereof at any time, and may terminate the use of the Services by the User at any time. Without prejudice to any other rights, these Terms terminates AUTOMATICALLY, if the User does not comply with any of the restrictions or requirements described in the Terms.

The Company reserves the right to terminate the offer and / or support of the Services or part of the Services at any time on a permanent or temporary basis. Termination of the Account may include the disabling of User's access to the Services or any part thereof.

AFTER TERMINATION OF THESE TERMS, YOU DO NOT HAVE THE RIGHT TO USE THE WEBSITE AND SERVICES UNDER ANY CIRCUMSTANCES.


9. USER’S GUARANTEES

The User hereby warrants that:

  1. All information provided by him/her to the Company in connection with the Website and / or Services is true and accurate.
  2. The User has the full scope of legal capacity and authority to enter into these Terms.
  3. The User will perform all of its obligations under the terms of the Terms in accordance with the current Legislation.

The Website may contain links to other websites that are not under the control of the Company. The company is not liable for the content of such websites. The Company provides such links only for the convenience of the Users, and the existence of any link to such Websites does not imply endorsement by the Company of the content of such Websites.


10. DISCLAIMER OF WARRANTIES

THE WEBSITE AND THE SERVICES ARE PROVIDED ON THE CONDITIONS "AS IS" AND "AS AVAILABLE". THE COMPANY DOES NOT CLAIM AND DOES NOT WARRANT THAT THE WEBSITE AND THE SERVICES WILL WORK OR BE PROVIDED CONTINUOUSLY, TIMELY, SAFE AND WITHOUT ERRORS, OR THAT ANY DEFECTS WILL BE CORRECTED.

The User agrees that he/she is personally responsible for using the Website and the Services of the Company. Except for the cases that are provided by the current legislation, the Company or its representatives shall not be liable to any third parties for the costs incurred in connection with the use of the Services and do not give any guarantees, either direct or indirect, including, among other things, quality assurance Services, their suitability for a particular purpose and non-infringement of intellectual property rights, reliability, competence, usefulness and timeliness of the provision of Services.

The Company does not bear any liability for the correctness and accuracy of the Services that are provided, as well as for any Websites related to the Services and / or the Website of the Company, and shall not be liable for:

  1. Errors or inaccuracies in the content.
  2. Personal harm or property damage of any kind that may be caused in connection with the use of the Services and/or the Website.
  3. Unauthorized access or use of secure servers and / or any personal and / or financial information that was stored on them.
  4. Any delay or termination of the provision of the Services.
  5. Any viruses, trojans and other malicious programs that could be transferred by third parties.
  6. Any errors or harm of any nature in published, downloaded, transmitted content, as a result of the use of the Services and / or the Website.

11. LIMITATION OF LIABILITY

The Company's total liability to Users related to these Terms, regardless of the nature of the actions that entailed this responsibility, cannot exceed the total amount received by the Company from the User for the period of twelve (12) months preceding the date of filing the complaint or claim.

The Company shall be liable to Users or third parties under no circumstances for any indirect, incidental, unintentional damage, including loss of profit or loss of data resulting from the use of the Services, the Website, their contents or other materials to which they have access, even if the Company has warned or pointed out the possibility of such harm.

The subsequent limitation of liability is fully implemented by the Legislation. Using the Services and / or the Website, the User agrees that the Company is not liable for any damage to the honor, dignity, business reputation or for the unlawful actions of third parties.


12. INTELLECTUAL PROPERTY

The User acknowledges and agrees that all intellectual property rights to the Website and/or Services, related technologies, as well as information and content available on the Website with the exception of User content belong to the Company.

The content of the Company's Services is protected by international copyright laws. Under the conditions that are set forth in the Terms, the User is granted a limited, non-exclusive, non-transferable, revocable right to view and use the Content of the Services for personal non-commercial entertainment purposes. The use of the Content of the Services for other purposes is prohibited. By copying the Content of the Services in any form, the User agrees to retain all copyright notices and other indications of the author's identity contained in the original.

All the Content of the Services will be stored and used through the technical and instrumental base of the Company.

The Content of the Services is prohibited to use, download, upload, print, publish, reproduce, transfer to the third parties, even under a license, modify, adapt, distribute, create derivative works, or reverse engineer or decompile (in whole or in part) without the prior written consent of the Company. The Company and its suppliers (including other Users) reserve all rights that are not specified in these Terms.

The User is personally responsible for its User Content. In some cases, the Company may regulate User Content, but does not guarantee the integrity, quality and accuracy of such content posted through the Website. By using the Services, the User agrees that the Company under no circumstances is liable for the User Content, including for errors in such content, or for any harm caused to him/her.

The Company is not obliged and does not monitor the User Content, but in the event of a complaint, it reserves the right to remove such content at its discretion.

All Trademarks are the property of the Company or belong to third parties. The User is not allowed to use the Trademarks without the prior written consent of the Company or third parties to whom they may belong.

In the event that the User believes that their work was copied in a manner that constitutes copyright infringement, please provide the Company with information on this. This procedure is solely for notification to the Company and its affiliates about the violation of the protected copyright of Users.


13. APPLICABLE LAW (LEGISLATION) AND DISPUTES

All relations connected with these Terms are governed by, construed in accordance with the laws of England and Wales.

The Company is not liable for the fact that the Website or Services, for any reason, violate the national legislation of any state. All persons who use the Website do so on their own initiative and are responsible for compliance with their national legislation.

All disputes, disagreements or claims arising out of or in connection with these Terms, including those relating to its interpretation, execution, violation, termination or invalidity, shall be resolved in the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry in accordance with its Rules of Procedure.

The Arbitration Court consists of a sole arbitrator.

Place of the meeting of the Arbitration Court: Kyiv, Ukraine.

Language (s) of arbitration: Ukrainian, Russian or English.


14. DISPUTES BETWEEN THE USERS

The Company is not obliged, but at its own discretion can participate in the process of resolving disputes and disagreements between the Users. The Company is not liable for the results of such disputes and disagreements, including lawsuits and damages of any kind.


15. CONTACT INFORMATION

All questions regarding the Terms, the Website or the Services may be sent to the Company's support at:

Address: Rybalska St. 2, Kyiv, Ukraine, 02000

Tel: +38 093 547 79 04

E-mail: info@clubberspot.com