General Terms & Conditions
These General Terms & Conditions (hereinafter “the Agreement”) govern any transaction and/or subscription to digital Clubbing TV™ live & video-on-demand content (hereinafter referred to as the “Content”) marketed by Clubbing TV S.A.S (hereinafter “ClubbingTV”), 34, Avenue des Champs Elysées, 75008 PARIS, France available through the Clubbing TV™ branded portal www.clubbingtv.com including any extension thereof, such as any Clubbing TV™ branded Application for smartphones, smartTVs, and tablets, except when otherwise stated, and whatever devices used (hereinafter referred to as the “Service”). The Service is the property of ClubbingTV and its licensors.
The purpose of the Agreement is to define the contractual and commercial relationship between ClubbingTV and any subscriber to the Service (hereinafter “Customer”).
By creating a personal account and subscribing to the Service, Customer accepts without any reserve, at the time of the registration, the Agreement.
It is reminded that the selling party may be ClubbingTV or third party sellers (i.e. iTunes, Samsung, Google Play, etc.) (hereinafter “Third Party Seller”). When a subscription to the Service is purchased from a Third Party Seller, both the terms & conditions issued by the aforesaid Third Party Seller as well as this Agreement shall apply.
“Content” consists of audio-visual recordings.
I. TERMS OF SALE
PRICING AND TAXES
Customer’s total price will include the price of the Content that Customer purchases through the Service plus any additional amounts including the applicable sales tax and other amounts that may arise from Customer’s Account (“Prices”). Prices for accessing the Content vary according to the location of Customer and the Designated Payment Method selected by Customer. The effective Prices will be disclosed during the transaction but before the final authorization is granted by Customer to execute the payment. By ordering the Content, Customer accepts the relevant applicable prices.
Invoices are issued and payments are collected by ClubbingTV and/or Third Party Seller. ClubbingTV and/or Third Party Seller may change the Prices at any time in response to changing circumstances.
The Prices are paid for a period of one (1) calendar month (it means 28, 29, 30 or 31 days) or one (1) days for the “One Day Pass” option. The Unlimited Access Mode is prepaid so that Customer will pay in advance for the upcoming month. The payment will be made at the time of registration. Billing occurs at the time of or shortly after the transaction.
Depending on the device from which Customer access the Service or Customer’s location, the following forms of payment may be accepted: (a) credit cards, (b) payments through Customer’s PayPal account, (c) payments through Third Party Seller’s platform, and / or (d) Clubbing TV™ Promo Code (hereinafter collectively “Designated Payment Method”) All Prices will be billed to the Designated Payment Method during the registration process. When Customer communicates to ClubbingTV his bank details, they are not kept by ClubbingTV. If a credit card or Customer’s PayPal account is being used for a transaction between Customer and ClubbingTV, ClubbingTV may obtain preapproval for an amount up to the amount of the order.
If Customer uses his PayPal account for a transaction between Customer and ClubbingTV, Customer’s order may be authorized and billed in increments during one purchasing session, so it may appear as multiple orders on his statement.
If an Clubbing TV™ Promo Code is used for a transaction, the amount is deducted at the time of the transaction. When making purchases with Clubbing TV™ Promo Code credits, if the Clubbing TV™ Promo Code credits are not sufficient to pay the Contents, Customer’s Designated Payment Method is then charged for any remaining balance.
THE CUSTOMER IS RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL PRICES AND FOR PROVIDING CLUBBINGTV OR THIRD PARTY SELLER WITH VALID ACCOUNT DETAILS FOR PAYMENT OF ALL PRICES.
ClubbingTV and/or Third Party Seller may withdraw Customer‘s right to view the Content or to terminate the contract in the event of a payment default.
For subscriptions through iOS Applications only:
Customer’s subscription is tacitly renewable when the subscription is made through iOS Applications. In that specific case only, the subscription will be tacitly renewed every month and shall be terminated under the specific terms and conditions of iTunes and the conditions set out in section “TERM AND TERMINATION” below.
Clubbing TV™ PROMO CODES
Clubbing TV™ Promo Codes are issued and managed by ClubbingTV.
Clubbing TV™ Promo Codes are obtained as follows:
(i) ClubbingTV may offer Customers the Clubbing TV™ Promo Codes as a bonus, gift or refund;
(ii) Customers may buy Clubbing TV™ Promo Codes as a gift for a third party.
Clubbing TV™ Promo Codes, in addition to unused balances, are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; resold; used to purchase Clubbing TV™ Promo Codes. Unused balances are not transferable. ClubbingTV will send the Clubbing TV™ Promo Code by email to Customer. ClubbingTV is not responsible for lost or stolen Clubbing TV™ Promo Codes. ClubbingTV reserves the right to close accounts and request alternative forms of payment if a Clubbing TV™ Promo Code is fraudulently obtained or used on the Service.
CLUBBINGTV AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO Clubbing TV™ PROMO CODES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A Clubbing TV™ PROMO CODE IS NONFUNCTIONAL, CUSTOMER’S SOLE REMEDY, AND CLUBBINGTV SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH Clubbing TV™ PROMO CODES. THESE LIMITATIONS MAY NOT APPLY TO CUSTOMER. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO CUSTOMER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO CUSTOMER, AND CUSTOMER MAY ALSO HAVE ADDITIONAL RIGHTS.
Clubbing TV™ Promo Codes may be purchased only for, and redeemed only by, Customer where the Service is available. Gift recipients must have compatible hardware and parental control settings to utilize some gifts.
All subscriptions are final. Prices for Content offered through the Service may change at any time, and the Service does not provide price protection or refunds in the event of a price reduction or promotional offering. If Content becomes unavailable following a transaction but prior to streaming or download, the Customer’s sole remedy is either replacement or refund of the price paid, as determined by ClubbingTV or Third Party Seller. If technical problems prevent or unreasonably delay delivery of Customer’s Contents, Customer’s exclusive and sole remedy is either replacement or refund of the price paid, as determined by ClubbingTV or Third Party Seller.
The Customer’s use of the Service includes the ability to enter into agreements and/or to make transactions electronically. CUSTOMER ACKNOWLEDGES THAT HIS ELECTRONIC SUBMISSION CONSTITUTE HIS AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. CUSTOMER’S AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS CUSTOMER ENTERS INTO ON THE SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain Customer’s electronic records, Customer may be required to have certain hardware and software, which are Customer’s sole responsibility. ClubbingTV is not responsible for typographical errors.
II. TERMS AND CONDITIONS OF USE
THIS AGREEMENT BETWEEN CUSTOMER AND CLUBBINGTV GOVERNS CUSTOMER’S USE OF THE SERVICE.
ClubbingTV is the provider and owner of the Service.
The Service offers a free access to a selection of videos on demand for its visitors and members (streaming and Video-On-Demand (“VOD”)) as well as a preview of live streaming.
The Service also offers an access to an unlimited access prepaid service allowing Customer to access all VOD Content, and live streaming, for the period of one (1) calendar month (it means 28, 29, 30 or 31 days), or one (1) days for the “One Day Pass” option, as many times as Customer wants (the “Unlimited Access Mode”) through a paid subscription (streaming and Subscription to Video-On-Demand (“SVOD”)).
When Customer subscribes to the Service through an iOS Application(s), the one-month subscription is tacitly renewed for the same period until termination under the conditions set out in section“TERM AND TERMINATION” below.
REQUIREMENTS FOR USE OF THE SERVICE
The Service is available for individuals aged 13 years or older. If Customer is 13 or older but under the age of 18, he should review the Agreement with his parent or guardian to make sure that he and his parent or guardian understand it.
Customer declares being capable to accept the Agreement, which means that he has the legal required age and he is not under a legal protection measure or if Customer is under the legal majority, has parental authorization giving him permission to subscribe.
The Service is only authorized for a personal and private use, therefore any other use, especially in public premises and businesses, is strictly forbidden.
The Service is available to Customer only in the territories covered by DRM (Digital Right Management). Customer agrees not to use or attempt to use the Service outside of DRM. ClubbingTV may use technologies to verify Customer’s compliance with such DRM.
Use of the Service requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. Customer agrees that these requirements, which may change from time to time, are Customer’s responsibility to fulfill. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee Customer’s access to the Service.
CONTENT CHANGES AND AVAILABILITY
The Service can be accessed 24 hours a day and seven (7) days a week.
ClubbingTV reserves the right, at its sole discretion, to supplement, expand, modify, improve, remove or otherwise change the range of the Content on the Service at any time when it is necessary. It shall mean that ClubbingTV reserves the right to exclude any Content from the Unlimited Access options.
ClubbingTV undertakes that no modification of quality or important modification of the functionalities of the Service will occur.
ClubbingTV reserves the right to change content options (including eligibility for particular features) without prior notice.
In addition, ClubbingTV reserves the right, without prior notice or compensation, to temporarily remove access to the Service, if necessary, in order to ensure its maintenance due to technology evolution or its continuity.
As a registered user of the Service, Customer may establish a personal account ("Account").
Once Customer has created his Account and subscribed, he has access to the Unlimited Access Mode.
Once Customer’s subscription has been validated, ClubbingTV will send to Customer a confirmation email at the address given during the registration process.
Customer can’t reveal his Account information to anyone else. Customer is solely responsible for maintaining the confidentiality and security of his Account and for all activities that occur on or through his Account, and Customer agrees to immediately notify ClubbingTV of any security breach of his Account. ClubbingTV shall not be responsible for any losses arising out of the unauthorized use of Customer’s Account.
Customer agrees to provide accurate and complete information when Customer registers with, and as Customer uses the Service ("Registration Data"), and Customer agrees to update his Registration Data to keep it accurate and complete. Customer agrees that ClubbingTV may store and use the Registration Data Customer provides for use in maintaining and billing fees to Customer’s Account.
ClubbingTV may only use this information and combine it with aggregated information from Customer’s Clubbing TV™ rental history data and other information obtained from third parties, to:
• Provide Customer with recommendations regarding media and other contents and services that Customer may wish to rent.
• Provide recommendations regarding contents and services to other users.
• Use for marketing surveys
USE OF CONTENT
Customer agrees that the Service and certain Content include security technology that limits Customer’s use of Content and that, whether or not Content are limited by security technology, Customer shall use Content in compliance with the applicable usage rules established by ClubbingTV and its licensors (“Usage Rules”), and that any other use of the Content may constitute a copyright infringement. Any security technology is an inseparable part of the Content. ClubbingTV reserves the right to modify the Usage Rules at any time. Customer agrees not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by ClubbingTV for compliance purposes, and ClubbingTV reserves the right to enforce the Usage Rules without notice to Customer. Customer agrees not to access the Service by any means other than through software that is provided by ClubbingTV for accessing the Service. Customer shall not access or attempt to access an Account that Customer is not authorized to access. Customer agrees not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.
i. Customer shall be authorized to use Content only for personal, non-commercial use.
ii. Customer shall not be entitled to record Content.
iii. Content is viewable on all devices where the Service is available during the subscribed period of time.
The delivery of Content does not transfer to Customer any commercial or promotional use rights in the Content. Any recording or exporting capabilities are solely an accommodation to Customer and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any Content.
Customer acknowledges that, because some aspects of the Service, Content, and administration of the Usage Rules entails the ongoing involvement of ClubbingTV, if ClubbingTV changes any part of or discontinues the Service, which ClubbingTV may do at its election, Customer may not be able to use Content to the same extent as prior to such change or discontinuation, and that ClubbingTV shall have no liability to Customer in such case.
HIGH-DEFINITION (HD) CONTENTS
HD Content is viewable only on HD capable devices.
SUBMISSIONS TO THE SERVICE
The Service may offer interactive features that allows Customer to submit materials (including links to third-party content) on areas of the Service accessible and viewable by the public. Customer agrees that any use by Customer of such features, including any materials submitted by Customer, shall be Customer’s sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. Customer also agrees that he has obtained all necessary rights and licenses. Customer agrees to provide accurate and complete information in connection with Customer’s submission of any materials on the Service. Customer hereby grants ClubbingTV a worldwide, royalty-free, nonexclusive license to use such materials as part of the Service, and in relation to Products, without any compensation or obligation to Customer. ClubbingTV reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.
ClubbingTV has the right, but not the obligation, to monitor any materials submitted by Customer or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that ClubbingTV in its sole discretion deems appropriate.
Certain Content available via the Service may include materials from third parties. ClubbingTV may provide links to third-party websites as a convenience to Customer. Customer agrees that ClubbingTV is not responsible for examining or evaluating the content or accuracy and ClubbingTV does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Customer agrees that he will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that ClubbingTV is not in any way responsible for any such use by Customer.
Customer understands that by using the Service, Customer may encounter material that he may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, Customer agrees to use the Service at his sole risk and ClubbingTV shall have no liability to Customer for material that may be found to be offensive, indecent, or objectionable. Content is provided for convenience, and Customer agrees that ClubbingTV does not guarantee their accuracy.
ClubbingTV or third parties retain copyright or any other intellectual property rights in respect of the Service (including without limitation any Content, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, graphics, hypertext mark-up language, multimedia files, binary files and other technologies from time to time distributed on-line, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to ClubbingTV, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights laws.
Except as expressly provided in these Terms and Conditions, Customer’s right to use the Content (licence) is limited to the home personal use of the Content in accordance with Clause 1 above. The copy, reproduction, republishing, downloaded, uploaded, publicly, displayed, posted or recording of the Content on any data storage media or making the Content otherwise available (including “mirroring”) for use outside the Customer‘s private sphere (family and friends) is not permitted and constitutes a breach of contract and of the relevant copyright regulations. The distribution or reception of the Content in publicly accessible locations and commercial enterprise such as restaurants, hotels, cinemas, theatres, exhibitions, shop windows etc, without ClubbingTV express prior written consent is not permitted and constitutes a breach of contract and of the relevant copyright regulations.
The contract between Customer and ClubbingTV authorises Customer only to receive the Content for their own private use on their own private premises. Customer shall be obliged to prevent any further transmission beyond this location either by themselves or by their equipment.
Customer agrees that the Service, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by ClubbingTV and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. Customer agrees that he will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms. Customer agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in any manner, and Customer shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, ClubbingTV and its licensors reserve the right to change, suspend, remove, or disable access to any Content, or other materials comprising a part of the Service at any time without notice. In no event ClubbingTV will be liable for making these changes. ClubbingTV may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
All copyrights in and to the Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by ClubbingTV and/or its licensors, who reserve all their rights in law and equity.
THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
The Clubbing TV™ name, domain name, logo and other ClubbingTV and Clubbing TV™ trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of ClubbingTV in Switzerland and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. Customer is granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
TERM AND TERMINATION
Customer expressly recognizes and agrees that the supplying of the Unlimited Access Mode starts at the time of validation of the subscription. Therefore, no request of revocation, cancellation or refund will be accepted after such validation.
The subscription to the Service shall be effective for one (1) calendar month (it means 28, 29, 30 or 31 days), or one (1) days for the “One Day Pass” option from the validation of Customer’s subscription, as stipulated in section “THE SERVICE”.
Except termination by Customer through iOS App within the terms below, the subscriptions to the Service through iOS Applications (i.e. iPhones and iPads) are tacitly renewed for the exact same duration that the initial one.
In other cases, the subscriptions shall not be tacitly renewed and will end at the end of the one calendar month period.
In case of tacit renewal, the price in effect for the subscription concerned will be fully applied to Customer.
If the subscription is made through an iOS Application(s), Customer must first read the conditions from the “My Account” section on the iOS App, then follow the instructions to terminate the subscription.
In that case, Customer shall be able to terminate his subscription to the Unlimited Access Mode at any time on the iOS App. Termination will be effective at the end of the current subscription period, if actioned at least twenty-four (24) hours in advance.
If Customer fails, or ClubbingTV suspects that Customer has failed, to comply with any of the provisions of this Agreement, ClubbingTV, at its sole discretion, without notice to Customer may: (i) terminate this Agreement and/or Customer’s Account, and Customer will remain liable for all amounts due under Customer’s Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).
ClubbingTV reserves the right to modify, suspend, or discontinue the Service (or any part or Content thereof) at any time with or without notice to Customer, and ClubbingTV will not be liable to Customer or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
CLUBBINGTV DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT CUSTOMER’S USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME CLUBBINGTV MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO CUSTOMER.
CUSTOMER EXPRESSLY AGREES THAT HIS USE OF, OR INABILITY TO USE, THE SERVICE IS AT CUSTOMER’S SOLE RISK. THE SERVICE AND ALL CONTENTS DELIVERED TO CUSTOMER THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY CLUBBINGTV) PROVIDED "AS IS" AND "AS AVAILABLE" FOR CUSTOMER’S USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO CUSTOMER.
IN NO CASE SHALL CLUBBINGTV, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM CUSTOMER’S USE OF THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO CUSTOMER’S USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CLUBBINGTV'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
CLUBBINGTV SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY CUSTOMER IN CONNECTION WITH THE SERVICE, BUT CUSTOMER AGREES THAT HIS SUBMISSION OF SUCH INFORMATION IS AT CUSTOMER’S SOLE RISK, AND CLUBBINGTV HEREBY DISCLAIMS ANY AND ALL LIABILITY TO CUSTOMER FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
CLUBBINGTV DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND CLUBBINGTV DISCLAIMS ANY LIABILITY RELATING THERETO.
WAIVER AND INDEMNITY
BY USING THE SERVICE, CUSTOMER AGREES TO INDEMNIFY AND HOLD CLUBBINGTV, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, CUSTOMER’S USE OF THE SERVICE, OR ANY ACTION TAKEN BY CLUBBINGTV AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT CUSTOMER CANNOT SUE OR RECOVER ANY DAMAGES FROM CLUBBINGTV, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN CUSTOMER, TO SUSPEND OR TERMINATE CUSTOMER’S ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF CLUBBINGTV'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
ClubbingTV reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on Customer’s use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Customer’s continued use of the Service will be deemed acceptance thereof.
Customers shall read these Terms and Conditions periodically for changes. A continued use of the Site following the posting of changes will mean that the Customer accepts and agrees to the changes. As long as the Customer complies with these Terms and Conditions, ClubbingTV grant Customer a personal, non-exclusive, non-transferable, limited privilege to enter and use the Service.
This Agreement constitutes the entire agreement between Customer and ClubbingTV and governs Customer’s use of the Service, superseding any prior agreements between Customer and ClubbingTV. Customer also may be subject to additional terms and conditions that may apply when Customer uses affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. ClubbingTV's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. ClubbingTV will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The Service is operated by ClubbingTV from its offices in Switzerland. Customer agrees to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to Customer’s use of the Service. All transactions on the Service are governed by French law, without giving effect to its conflict of law provisions. Customer expressly agree that exclusive jurisdiction for any claim or dispute with ClubbingTV or relating in any way to your use of the Service resides in the courts of the city of Paris.
ClubbingTV may notify Customer with respect to the Service by sending an email message to Customer’s Account email address or a letter via postal mail to Customer’s Account mailing address, or by a posting on the Service. Notices shall become effective immediately.
ClubbingTV reserves the right to take steps ClubbingTV believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. Customer’s agrees that ClubbingTV has the right, without liability to Customer, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as ClubbingTV believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to ClubbingTV's right to cooperate with any legal process relating to Customer’s use of the Service and/or Products, and/or a third-party claim that Customer’s use of the Service and/or Products is unlawful and/or infringes such third party's rights).
General Terms & Conditions of Clubbing TV S.A.S, located 34, Avenue des Champs Elysées, 75008 PARIS, France for transaction and/or subscription to Clubbing TV™ on-demand & live streaming web service.
Last updated 2016/04/10