Will these terms ever change?We constantly try to improve our Services, so we may update this Agreement as we offer new and improved Services. We may modify this Agreement at any time, but we will do our best to bring this to your attention by posting a notice on the Services or notifying you by email or by some other means. If you don't agree with the new terms, you may reject them but unfortunately you will no longer be able to use the Services. Your use of the Services in any way following notification by Clubhouse constitutes your acceptance of the terms and conditions as modified. We may suspend or discontinue any part of the Services, or we may introduce new features, impose limits on certain features or restrict access to parts or all of the Services at any time. We'll provide you notice when we make a material change to the Services that would adversely affect you.
You represent and warrant to Clubhouse that:
- you are at least 18 years old (or, if you are not at least 18 years old, you have your parent's permission to use the Services, and your parent has read and agrees to this Agreement on your behalf);
- all registration information you submit is accurate and truthful;
- you will maintain the accuracy of such information;
- if you're agreeing to this Agreement on behalf of an organization or entity, you represent and warrant that you are authorized to agree to this Agreement on the organization or entity's behalf and bind them to this Agreement (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity). You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection, use of, and access to the Services, including ensuring that you have permission to communicate with anyone you choose to interact with through the Services.
Use by childrenThe Children's Online Privacy Protection Act ("COPPA") requires that online service providers notify parents of children in the United States and obtain their consent before they knowingly collect personally identifiable information online from children who are under 13. Clubhouse only collects personal information through the Services from a child under 13 where that student's school, district and/or teacher has agreed, via the terms described below, to obtain parental consent for that child to use the Services and disclose that personal information to Clubhouse. Except as expressly set forth below, we do not knowingly collect or solicit personally identifiable information from a child under 13. Clubhouse's mechanisms and policies for compliance with COPPA meet or exceed the requirements of the European Union's General Data Protection Regulation for the protection of the Personal Data of children.
- For children under 13 we may collect a child's name (first name and last initial), date of birth, email address or telephone number, and the child's parent's email address. We collect these in order to notify the parent that we may contact the child for the purpose of providing the Services for which the child's teacher, Organizer (as described below) or school administrator has signed up to use. Note that if the Clubhouse account of a child under 13 is inactive for at least twelve months (meaning, that account has not received a message through the Clubhouse Services in that time), Clubhouse's policy is to delete the personally-identifiable information associated with that child's account. While we delete the account in these situations, some of the child's data may persist in the files of Clubhouse's agents or service providers for some period of time until it is removed from their systems as well.
- We may collect personal information through the Services from a child under 13 but only in support of the learning environment. For Clubhouse to collect this type of personal information, a student's school, district or teacher must agree to obtain parental consent for that child to use the Services. The student's school, district or teacher may disclose that personal information to us for a legitimate educational interest.
- If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with COPPA, meaning you must obtain consent from all parents or guardians whose children under 13 will be accessing the Services. If you are a teacher, you represent and warrant that you are authorized by your school or district to use the Services. You also represent and warrant that you are entering into these Terms on behalf of your school or district. For more information on COPPA, please click here.
- If you are a school, district, or teacher providing consent on behalf of parents or guardians, you may be required to provide adequate school credentials and a valid school email address to verify your identity
Fees and payment; Responsibility for usage chargesAccess to and use of Clubhouse itself is free, but we do offer additional features that require fees. Clubhouse reserves the right to charge fees for certain features. We will notify you when we intend to charge for a service or feature. You will always have the choice whether to use those features. If you continue to use any service or feature after you have been notified of any applicable fees, that use constitutes your acceptance of any new or increased fees.
Note that, by using the Services, you may receive e-mail or text messages on your phone or mobile device, which may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of the Services
Additional termsThis Agreement applies to all users of our Services, but there are special terms for you depending on what type of user you are and whether you use the service for free, as do the vast majority of our users, or pay for use of Clubhouse.
If you are, for example, a student, teammate or parent who is invited to be or added as a member of a class or group by an Organizer, you are a Participant. If you are a staff member of a school or school district that has purchased a paid School or District Plan, and have been given administrative rights, then you are a Verified Administrator. If you are a teacher, coach or parent who creates a “class” or “group” of members, then you are an Organizer. If you are agreeing to this Agreement on behalf of an organization, such as a school or school district, club, or team, you are an Organization. You may not sign up for or use the Services as someone you are not; Clubhouse may disable or terminate your account if you do so. Please read on below to find out what additional terms apply to you.
If you are a Participant (such as a student, parent, or other individual invited to join a class or group by an Organizer):
- You must get your parent or guardian to read and agree to this Agreement before using the Services if you are younger than 18.
- You will only join schools, classes and/or groups to which you have been invited, or to which you belong.
- In certain cases, you may be invited to join a class or group by another Participant who is already a member of that class or group.
- The Organizer and other Participants of your class or group may be able to view information (including your personally identifiable information but not personal contact information), as well as your User Submissions (defined below).
- If you are connected to an Organization that has purchased a Plan from Clubhouse, Verified Administrators of the Organization will be able to see and edit your contact information. Verified Administrators may be able to add, remove, and/or move you from classes or groups within the same Organization.
- The Services may allow you to invite users to join and/or to add users to your class(s) and/or group(s).
- You can invite Participants and other Organizers to your class or group by distributing "class codes" or "group codes", and communicate with those users, (in some cases, there may be more than one Organizer per class/group).
- You may only share class or group codes with Participants and Organizers whom you wish to subscribe to your class/group. If you plan to broadly or publicly publish these codes, you must manage the accuracy of your subscriber lists carefully.
- It's your responsibility to maintain and monitor the accuracy of list of Participants for each of your classes or groups.
- If you are connected to an Organization on a Clubhouse Plan you may receive additional privileges from a Verified Administrator of your Organization. These privileges may include access to information and User Submissions (defined below) (including personally identifiable information but not personal contact information) of Participants and other Organizers in your class, group or affiliated Organization.
- If you are connected to an Organization on a Clubhouse Plan, Verified Administrators of that Organization may be able to join or message members of your class or group, add or update information in your Clubhouse account profile, add, move or remove you from classes or groups affiliated with the Organization, and/or take other actions relating to your access and use of the Services through the Organization.
- You are responsible for maintaining the accuracy of the information relating to your Organization. If at any time you learn that a user of the Services claims to be affiliated with your organization but is not, in fact, affiliated with your Organization, or of any other inaccuracy relating to your Organization’s information, you will remove that user from your Organization and, if appropriate, notify Clubhouse immediately
- If Clubhouse verifies you as a Verified Administrator of your Organization, you may have the ability to perform the following tasks:
- invite and add Organizers and Participants to the Services,
- view and manage users and information affiliated with your Organization,
- add, move, or remove Organizers and Participants from classes and/or groups affiliated with your Organization,
- connect and upload or sync information relating to Organizers, Participants, classes and/or groups using a data upload or syncing mechanism (such as, using CSV upload or through integration with your School Information Systems (SIS)),
- join classes and groups created by Organizers affiliated with your Organization,
- communicate directly with other users affiliated with your Organization,
- access and manage information and User Submissions, and
- view the contact information, which will include personally identifiable information, of all Clubhouse users connected with your school or district, as appropriate, and see which of those users received communications from your school or district.
- IF YOU CHOOSE TO DO ANY OF THE ABOVE, YOU REPRESENT AND WARRANT THAT YOU HAVE ALL RIGHTS AND HAVE OBTAINED ALL CONSENTS AND AUTHORIZATIONS NECESSARY TO PERFORM SUCH TASKS AND THAT YOU WILL ONLY USE PERSONAL INFORMATION IN ACCORDANCE WITH APPLICABLE PRIVACY LAWS. Clubhouse may use the information you upload to the Services in order to verify Organizers' and Participants' affiliations and otherwise to help us provide you with the Services.
- IF YOU INVITE OR ADD ANYONE TO USE Clubhouse AND/OR USE ANY FEATURE OF THE SERVICES WHICH REQUIRES SHARING PERSONAL INFORMATION OF ANYONE (INCLUDING, WITHOUT LIMITATION, IF YOU IMPORT CONTACTS FROM YOUR ADDRESS BOOK TO THE SERVICES), YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED FREELY GIVEN, INFORMED CONSENT FROM EACH PERSON TO:
- RECEIVE SUCH INVITATION AND BE ADDED TO THE SERVICES;
- RECEIVE MESSAGES FROM Clubhouse,
- OTHER PARTICIPANTS OF THE CLASS OR GROUP, AND
- OTHERS WHO HAVE ACCESS TO YOUR CLASS OR GROUP (SUCH AS, ORGANIZERS AND VERIFIED ADMINISTRATORS); AND
- PROVIDE THAT PERSON'S PERSONAL INFORMATION TO Clubhouse.
Registration and securityAs a condition to using Services, you may be required to register with Clubhouse by selecting a password and providing your name and a valid email address. You will provide Clubhouse with accurate, complete, and updated registration information. You may not:
- select or use the name or email of another person with the intent to impersonate that person; or
- use a name subject to any rights of any person other than you without appropriate authorization.
ContentYou agree that you may only use the Services in accordance with Clubhouse's Community Guidelines.
All materials displayed or performed or available on the Services (including, but not limited to text, graphics, data, articles, photographs, images, illustrations, User Submissions (defined below), and so forth (all of the foregoing, the "Content")) are protected by copyright and other intellectual property laws. You may only use the Services for your own personal, non-commercial (meaning, you may not leverage the Services as a separate business) use and only in accordance with the terms of this Agreement and all laws that apply to you. Clubhouse is not responsible for your use of the Services in any way that breaks the law. You agree you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and will not use, copy, modify, publish, distribute, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content, third party submissions or other proprietary rights not owned by you:
- without the express prior written consent of the respective owners, and
- in any way that violates anyone else's (including Clubhouse's) rights.
Under no circumstances will Clubhouse be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with your use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
Your restrictions and responsibilitiesYou warrant, represent and agree that you will not contribute any Content or otherwise use (or encourage anyone else to use) the Services in a manner that:
- infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any other third party;
- violates any law, statute, ordinance or regulation;
- is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable as reasonably determined by Clubhouse;
- jeopardizes the security of your account in any way, such as allowing someone else access to your account or password;
- attempts, in any manner, to obtain the password, account, or other security information from any other user;
- violates the security of any computer network, or cracks any passwords or security encryption codes;
- runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
- "crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- copies or stores any significant portion of the Content;
- decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services (or the products of Clubhouse's third party service providers).
Clubhouse reserves the right (but does not have the obligation) to remove any Content from the Services at any time, for any reason (including, but not limited to, if we receive claims or allegations from individuals, companies or authorities relating to that Content or if Clubhouse is concerned that you may have breached the foregoing restrictions), or for no reason at all. You, not Clubhouse, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise provide using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such Content to Clubhouse and to grant Clubhouse the rights to use such information as provided herein.
You will be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You will be responsible for ensuring that such equipment or ancillary services are compatible with the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
Copyright dispute policyUnder American copyright law, the Digital Millennium Copyright Act (the "DMCA"), online service providers such as Clubhouse have the right, but not the obligation, to remove material that allegedly violates someone's copyright. We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To learn more about the DMCA, click here.
Under Canadian copyright laws, Clubhouse is required to forward any notice from a copyright owner to a Clubhouse user located in Canada if the copyright has notified Clubhouse in accordance with the requirements under the Canadian Copyright Act.
Clubhouse has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition, Clubhouse will not and cannot monitor, verify, censor or edit the content of any Third Party Services. By using the Services, you expressly relieve and hold harmless Clubhouse from any and all liability arising from your use of any Third Party Services.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. You agree that Clubhouse will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between Clubhouse users, or between Clubhouse users and any third party, you understand and agree that Clubhouse is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Clubhouse, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you will and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Warranty and disclaimerClubhouse has no special relationship with or fiduciary duty to you. You acknowledge that Clubhouse has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Clubhouse from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites or services containing, information that some people may find offensive or inappropriate. Clubhouse makes no representations concerning any content contained in or accessed through the Services, and Clubhouse will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Clubhouse makes no representations, warranties, or conditions regarding suggestions or recommendations of services or products (including Content provided by users) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) the Services are provided AS IS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, FROM Clubhouse OR ANYONE ELSE. THE SERVICES, CONTENT, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IndemnityYou will indemnify, defend and hold Clubhouse, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to or use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
Limitation of liabilityTO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL Clubhouse OR ITS SUPPLIERS OR ITS SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY:
- FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU TO Clubhouse HEREUNDER DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM;
- FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER;
- FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR
- FOR ANY MATTER BEYOND Clubhouse'S REASONABLE CONTROL.
TerminationThis Agreement will remain in full force and effect while you use the Services. You may terminate your use of the Services or your account at any time by deleting your account in your account settings tab or by contacting us. Note, if you become a Participant through an Organization, and you request that Clubhouse delete your account, Clubhouse may notify the Organization (and the Organizers of the classes or groups you are in of your deletion request. Clubhouse may disable or terminate your access to the Services or your account at any time, for any reason (for your violation of any term of this Agreement or without cause), and without warning or notice, which may result in the forfeiture of all information associated with your account. Upon termination of your account, your right to use the Services and any Content will immediately cease; however, Clubhouse may retain messaging data or other data and information pursuant to this Agreement, as necessary for auditing purposes, and as required by law. Computer deletion is not an instantaneous process. If you choose to terminate your account, all data will be rendered unavailable to you immediately and your data will be deleted over time as is true of all computer deletion everywhere. Remember that communications with others in which you participated will remain available to those other users. All provisions of this Agreement which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Choice of law and arbitrationThis Agreement will be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof, unless a state's laws explicitly require that any legal disputes are governed by the laws of that state. Any dispute arising from or relating to the subject matter of this Agreement will be finally settled in small claims court or by arbitration in San Francisco, California or in a location that is reasonably convenient for you, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who will be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. If you cannot afford or otherwise do not want to pay arbitration filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees, we will consider in good faith any request by you for us to bear the cost of those fees. We will pay any administration fee, arbitration fees and fees and charges of attorneys, experts and witnesses if and to the extent we are required to pay such fees and charges by law or in order to make this arbitration provision enforceable. By agreeing to these terms, you acknowledge that you may not participate in a class action in court or in arbitration, either as a class representative, class member or class opponent. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR TO A JURY TRIAL. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
MiscellaneousThe failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. Clubhouse will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Clubhouse's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Clubhouse's prior written consent. Clubhouse may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Services will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Clubhouse in any way whatsoever.
It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglaise