Terms of service

By using Subclub you agree to these terms. These are Subclub’s terms of use, and they apply to all users of the Subclub platform. “We,” “our” or “us” refers to Subclub and our subsidiaries. “Subclub” refers to this platform and the services offered by us. By using Subclub you agree to these terms and to the other policies we post. Please read them carefully and let us know if you have any questions. For information about our data practices, please see our Privacy Policy, including our Cookie Policy. We can collect and use your information in accordance with those policies.

Your account

To summarize: You must be at least 16 years old to use our platform. You are responsible for your account. When you create an account you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes. To create an account you must be at least 16 years old. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us immediately if you believe your account is compromised.

Abusive conduct

To summarize: Be responsible and don’t violate our policies. You are responsible for all activity on your account. If you violate our policies we may terminate your account. Don’t do anything illegal, abusive towards others, or that abuses our site in a technical way. If you are a creator raising funds on Subclub, we may be held accountable for what you do with those funds. As a result, we also look at what you do with your membership off our platform. These policies cover most issues, but if you find a new and creative way to hurt Subclub or our community we may take action to prevent it.

All about being a creator

To summarize: A creator is someone who creates a membership page on Subclub to engage with subscribers who have purchased memberships from Subclub to support the creator’s creations. There are a lot of details below involving payments, fees, taxes and restrictions that you should read in full if you are a creator.

Fees

As a creator you only pay the BSC blockchain network commission. The BSC network runs a Proof of Staked Authority consensus mechanism. Users of the network need to stake BNB to become a validator, and upon the successful validation of a block, they receive the transaction fees included.The transaction fees are denoted in Gwei, which is a small denomination of BNB equal to 0.000000001. Users can set their gas prices to prioritize their transactions added to the block. To find out the current and historical average price of gas, BscScan provides a daily average along with the lowest and highest price paid. The BSC fees are usually very low, but if you try to send tokens without BNB in your account, the network will notify you that you have insufficient funds. Make sure you keep some extra BNB in your wallet to pay for your transaction fees.

All about being a subscriber

To summarize: A subscriber is someone who purchases memberships from Subclub to support their favorite creators’ creations. Through a paid membership on Subclub, subscribers directly interact with creators they support, using tools supplied by Subclub, and through our platform have the opportunity to engage with a greater community of subscribers and creators. As a subscriber, you’re joining Subclub to be part of an exciting movement to support a creator’s membership while you get special benefits, which may include access to your creator, merchandise (when offered), exclusivity, and engaging experiences with the creator and subscriber community. In exchange, you pay Subclub for membership programs, on a subscription basis, to access and support creators you like. The Subclub commission is 10% of the subscription price, not counting the fees of the blockchain network. The timing and amount of each membership subscription depends on the type of membership agreement you enter into, and the creator you support. You can see the details as you join, as well as in the receipt sent to you after each successful payment. You can view all your active membership subscriptions and billing history on your membership page. To become a subscriber, simply create an account, add your web3 wallet, and join a membership program on Subclub to start supporting your creator! Subscription payment is made once a month on the day of subscription creation. You may cancel your membership payments at any time. Terminating or lowering the tier support of membership will go into effect in the subsequent (not current) payment term. For monthly or per creation payments, canceling your support may result in your loss of access to a creator’s subscriber-only posts and benefits. These include when you cancel your membership subscription, your payment method fails, the creator blocks you, or the creator deletes their account. We are not required to allow you to be a subscriber of any particular creator. Creators’ memberships vary and we have limited control over the quality and specific offerings. We attempt to screen for fraudulent creator pages, but cannot guarantee the identity of creators or the validity of any claims they make. We appreciate your help reporting suspicious creator pages so we can keep Subclub safe.

Subclub's role

To summarize: We proactively look at some pages and posts on Subclub and review reported pages to identify potential violations of our guidelines. In most situations we will work with creators to resolve any potential violations and allow the creator to continue using Subclub. Terminating accounts is not an action we take lightly and is done in only the most extreme cases. Subclub reserves the right to remove a creator or subscriber from participating in memberships. Removal of the creator or subscriber from participation in memberships will prohibit the creator from accepting new annual payments, and prohibit the subscriber from making new annual payments, but will not result in an automatic removal of the creator or subscriber from the platform, unless there is an independent basis for their removal from the platform. Please let us know if you see potential violations. Contact email help@subclub.me. We are constantly testing out new features with the goal of making Subclub better. We may add or remove features, and often test features with a random subset of our community. If we believe a feature is significantly different from these terms, then we explain those differences in the test. With your permission, we may give other websites or services the ability to verify information about your Subclub account or perform actions on your behalf. This permission is asked for when you connect your Subclub account to these other websites or services. You can learn more in our Privacy Policy.

Account deletion

To summarize: You can delete your account. We can disable your account at our discretion. We can terminate or suspend your account at any time at our discretion. We can also cancel any membership subscriptions and remove any descriptions, posts or benefits at our discretion. You may not bring a claim against us for suspending or terminating another person’s account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys fees and costs. These terms remain in effect even if you no longer have an account.

Your creations

To summarize: You keep complete ownership of all creations, but you give us permission to use them on Subclub. Make sure you have permission to use creations that you offer on Subclub. You keep full ownership of all creations that you offer on Subclub, but we need licenses from you to operate Subclub effectively. By posting creations on Subclub you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your creation. The purpose of this license is strictly limited to allow us to provide and promote memberships to your subscribers. We will never try to steal your creations or use them in an exploitative way. You may not post creations that infringe others’ intellectual property or proprietary rights. We may ask you for consent verification for collaborators depicted in content funded through Subclub. Subscribers may not use creations posted by creators in any way not authorized by the creator. On Subclub, you cannot publish content that shows, promotes, advertises or links to:

• firearms and the use of weapons that fall under local prohibitions;
• drugs and their attributes;
• self-mutilation or suicide;
• incest;
• bestiality;
• violence, rape, lack of consent, hypnosis, intoxication, sexual violence, torture, sadomasochistic violence or harsh slavery, extreme fisting or genital mutilation;
• necrophilia;
• urine or excrement-related material;
• "revenge porn" (any sexually explicit material involving any person who has not given prior, explicit and fully informed consent for this material to be filmed, captured or otherwise perpetuated, or posted and distributed on Subclub);
• escort services, sex trade or prostitution;
• contains unwanted sexual content or unwanted language that sexually objectifies another user or anyone else without consent, or contains fake content against another user or anyone else (including deepfakes);
• contains, promotes, advertises or refers to hate speech based on race, ethnicity, national origin, immigration status, caste, religion, gender, gender identity or expression, sexual orientation, age, disability, serious illness, veteran status or any other protected characteristic;
• contains or refers to someone's personal data or personal or confidential information.

Subclub's creations

To summarize: You can use our copyrights or trademarks to promote your Subclub page, but can’t use them for anything else without our permission. Our creations are protected by copyright, trademark and trade secret laws. Some examples of our creations are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your Subclub page. You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our creations unless we give you permission in writing. Please ask if you have any questions help@subclub.me.

Indemnity

To summarize: If we are sued because of your use of or conduct on Subclub, you have to help pay for it. You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of Subclub. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will help us in our defense. Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

Warranty disclaimer

To summarize: We do our best to make sure Subclub works as expected, but stuff happens. Subclub is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law. The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third party service providers.

Limit of liability

To summarize: If you lose money as a result of using Subclub, any payment to you is limited to the amount of money we have earned through your use of Subclub. To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of Subclub. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Subclub. We are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements. For this clause “we” and “our” is defined to include our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

Everything else

To summarize: These terms are the final word on Subclub’s policies and we will tell you if we change them. These terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future. We may sometimes make changes to these terms and policies. If we make material changes that adversely affect your rights, then we will let you know before the changes come into effect. Continuing to use Subclub after a change means you accept the new terms or policies. If you use accessibility tools and have questions or concerns, please contact us at help@subclub.me. Effective immediately for users on Subclub from April 8, 2022.