Terms and Conditions
Last updated: May 4, 2018
These General Terms and Condition (“Terms and Conditions”) are a legal agreement between you (“you,” “your”) and The Club Creep (“Club Creep”, “we”, “our” or “us”) and govern your use of Club Creep’s services, including mobile applications, websites, software, hardware, and other products and services (collectively, the “Service”). Please read these Terms and Conditions carefully before using the Service operated by Club Creep.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
To use this website, you must be at least 18 years old. If you are age 18 or younger, use of this site is strictly prohibited.
By using this site and/or by submitting any content to Club Creep (including posts, photos, comments, and any other material), you agree to the following terms. If you disagree with any part of the terms then you do not have permission to access the Service.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT IF YOU OPT OUT, FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND CLUB CREEP WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Club Creep has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Club Creep or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
2. Acceptable Use
The purpose of this site is to allow users to utilize their First Amendment rights to share their thoughts, views, comments, stories, and opinions. However, to post on this site, you must comply with and/or agree to the following standards:
a. All submissions must be factually true or clearly ones’ personal opinion. Publishing false statements can subject the author to significant civil and/or criminal liability.
b. By posting any content on The Club Creep, you represent and warrant that your submission is factually true and not unlawful i.e., not an invasion of privacy).
c. Submissions must be accurate, complete, and not misleading. Include full details of the story posted.
d. Submissions must contain accurate contact information (name/email). While we will protect the identity of our users to the fullest extent permitted by law, disclosure may be required by court order or subpoena. No one is exempt from such required disclosure.
3. Prohibited Use
You may not, nor may you permit any third party, directly or indirectly, to:
a. Post false, defamatory, or otherwise unlawful material.
b. Post material that violates another person’s intellectual property rights (trademarks, copyrights, etc.).
c. Post nudity, pornography or obscene material. This includes profanity.
d. Post threats of violence or harm to any extent. This includes words that convey bullying and/or harassment, or words encouraging any form of self-harm.
e. Post images of minors under the age of 18.
f. Post hate speech or comment attacking people based on their sexual orientation, gender identity, race, religion, national origin, or physical and/or mental disability.
4. Inappropriate Content
a. As a matter of policy, Club Creep will remove any content from this site that we determine, in our sole editorial discretion, to be unlawful, obscene, inappropriate, or unduly offensive. Although we reserve the right to make exceptions from our own policies at any time and for any reason, content removal will generally comply with the standards described on our Legal FAQ page. Nothing in our Terms of Service may be construed as a promise to remove any content. We retain the right to remove content that we believe, in our sole discretion, should not be on our site. However, absent a valid court order proving that falsity of a post, Club Creep is not required to remove a post. Disputes over the accuracy of content posted on Club Creep shall be resolved in court between the author of the post and the subject of the post. Club Creep is not an appropriate named party in such case.
b. All written submissions on this site are opinions of third parties and not of Club Creep. Club Creep is not responsible for, and does not endorse, verify, or ratify any of the written opinions and/or content submitted by third parties
Notwithstanding the above, the images, text, documents, comments and graphics published at Club Creep are NOT verified for accuracy by Club Creep. Club Creep does not fact-check posts or comments submitted by users and cannot ensure the accuracy of any content presented on Club Creep by third parties. Content appearing on this site may contain rumors, speculation, assumptions, opinions and other unverified information from our users. Because they are not verified, postings may contain erroneous or inaccurate information. Club Creep makes no representation or warranty as to the accuracy, completeness or authenticity of the information or opinions appearing on Club Creep. Club Creep does not endorse, adopt, or ratify the opinions or views of third parties expressed on this site or on any other linked sites.
5. Intellectual Property
a. The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Club Creep and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Club Creep.
Club Creep is fully compliant with the Digital Millennium Copyright Act (“DMCA”) 17 U.S.C. § 512, et. seq. If someone has submitted your copyrighted material without permission, please let us know by visiting our Copyright Page.
b. By posting material on Club Creep, you grant to Club Creep an irrevocable, perpetual, fully-paid, worldwide exclusive license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
You represent and warrant that the Content you submit is an original work by you, that you own or control 100% of the rights in and to your Content and the rights granted to Club Creep in this license, and such rights are and shall be free and clear of any and all claims, rights and obligations; and that you have the right to grant to Club Creep the rights granted to us in this license, you do not require the consent of any third party and that there is no contract with any third party that could in any way interfere with Club Creep’s rights under this license or require any payment to be made to anyone by Club Creep.
You hereby expressly waive, to the fullest extent permitted by law, any so-called ‘moral rights’ which may now or may hereafter be recognized
by legislative enactment or otherwise at law or in equity with respect to the Content.
6. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Club Creep.
Club Creep has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Club Creep shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Club Creep and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
9. Limitation Of Liability
In no event shall Club Creep, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
12. ARBITRATION CLAUSE AND CLASS ACTION WAIVER—IMPORTANT—PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS. a. Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS USER AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this User Agreement.
b. Opt Out Option. You may opt out of this agreement to arbitrate. If you do so, neither you nor Club Creep can require the other to participate in an arbitration proceeding. To opt out, you must notify Club Creep in writing within 30 days of the date that you first became subject to this arbitration provision.
You must include your name and residence address, the email address and a clear statement that you want to opt out of this arbitration agreement.
c. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
14. Notice of Parental Control Protections Federal law requires the provider of an “interactive computer service”, such as a website, to notify each customer that parental control protections (such as computer hardware, software, or filtering services) are commercially available to assist the customer in limiting access to material that is harmful to minors” (47 U.S.C. § 230(d)).
Pursuant to this requirement, if you are a parent looking to obtain commercial tools to help you limit access to material that is harmful to minors, you can find a list of such tools here: PCMag.com – The Best Parental Control Software, or through your own search.
NOTE – Club Creep has no relationship with either PCMag.com or with any of the software vendors. We do not endorse or recommend any specific parental control software, product, or service.
If you have any questions about these Terms, please contact us.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Club Creep, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.