PLEASE READ THESE TERM AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS DESCRIBE THE TERMS AND CONDITIONS UNDER WHICH KURIOUS7 VOF, trading as KLUBLR ("KLUBLR"), OFFERS YOU (THE "USER" OR "YOU" OR "YOUR") AN ACCOUNT (THE "ACCOUNT") FOR USE OF THE KLUBLR SERVICE (THE "KLUBLR SERVICE") BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AS WELL AS THE TERMS AND CONDITIONS PUBLISHED ON THE KLUBLR SITE AT WWW.KLUBLR.COM (THE "SITE"). IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. KLUBLR MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT AT THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. THE SERVICE
KLUBLR provides the KLUBLR Service with the capability to send e-mail messages and SMS/text messages via the World Wide Web on the KLUBLR system. KLUBLR also provides a team and its members with a dedicated online team space from which team members can interact with each other through the utility offered on their groups pages. KLUBLR may terminate, change, suspend or discontinue the KLUBLR Service, including the availability of any features of the Site, at any time.
2. KLUBLR CHARGES
i. There are no fees associated with using the core KLUBLR service.
Charges for all of these additional services are clearly specified at point of purchase.
ii. KLUBLR has been established as an advertising and sponsor funded business, however KLUBLR reserves the right to introduce charges or fees for the KLUBLR service. Prior to any such introduction KLUBLR will communicate with its members, obtain relevant consents, and establish associated payment processes.
iii. As a sponsor and advertisement funded service, we regularly run ad campaigns for brands which can include:
Ad collateral appearing on the klublr.net website.
An ad appearing at the end of the sms notifications which have been created and sent by a team organiser regarding a team event.
An ad appearing at the bottom of an email created and sent by a team organiser regarding a team event.
Email offers related to the team which a KLUBLR member participates in, these email offers can be unsubscribed from with one click and unsubscribing in no way hinders a KLUBLR members ability to use the system.
YOUR ACCOUNT DETAILS WILL NEVER BE GIVEN OR SOLD TO A THIRD PARTY ADVERTISER.
3. MEMBER ACCOUNT
i. Accounts are not available to minors or any person. By accepting these terms, you confirm that you are capable of entering into a binding agreement. You must accurately complete any subscriber information requested by KLUBLR. The KLUBLR Service is intended to appeal to a broad audience, and therefore it is the responsibility of the parent or guardian to determine whether any use of the KLUBLR Services are appropriate for your child.
ii. To open an account for usage of the KLUBLR Service, the User must provide true and accurate information as labeled by the Registration Form and shall regularly update such information to keep it true and accurate. The User shall provide a valid email address and/or mobile phone number belonging to them and choose a password, and keep these details up to date so that both KLUBLR and your team can communicate with you effectively.
iii. We reserve the right to remove or change a member profile at any time if we deem it to be in breach of terms and conditions or of an inappropriate nature.
4. PASSWORD AND SECURITY
i. The User is entirely responsible for the privacy, confidentiality and storage of email addresses and/or mobile phone number, and password used to access the system. All website activities that can be traced to the email address and password of the User are deemed as having been performed by User. KLUBLR does not assume any liability for content of messages sent and is exempt from any claim that may arise from third parties as a result of message sent. You are fully responsible for any charges and liabilities incurred through the use of the KLUBLR Service or Your Account and for any activities conducted through Your Account. In addition, KLUBLR may temporarily disable access to Your Account if You report unauthorized use or if usage of the Account dramatically exceeds normal usage patterns within a short time period. The User agrees to notify KLUBLR immediately of any unauthorized use of the account to email@example.com.
ii. You must keep your login and account details confidential at all times, and in the event that you suspect that your login details have been compromised, that you inform KLUBLR immediately by contacting us by telephone or email to firstname.lastname@example.org
5. USE OF ACCOUNT
i. You warrant that you will not use the KLUBLR Service for any of the following purposes or in any of the following manners:
to impersonate or harass any other person.
to send any information that is or the disclosure of which would libelous, abusive, threatening, false, fraudulent, misleading, or obscene; that misappropriates or infringes any person's proprietary right (including posting any links or URLs that you do not have the right to post or disclose).
that violates any person's rights of privacy or publicity.
to send messages that contain any sexual, racist or discriminatory content constituting harassment of any individual or organization.
that constitutes or that violates any law, statute, ordinance or regulation (including applicable export control, consumer protection, unfair competition, anti-discrimination or false advertising laws, and without limiting the foregoing you specifically agree to comply with all applicable laws regarding the transmission of the technical data exported from the United States or the country in which you reside.
to intercept any communications not intended for you.
to release, post, distribute or execute any viruses or other harmful computer code.
to upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
to engage in "spamming," transmission of "junk mail" or "chain letters" or unsolicited mass distribution of sms and e-mail or any similar conduct.
ii. At our discretion and without further notice, we may use anti-spam technologies, such as automatic word and spam filters, that may terminate messages You send without delivering them or prevent messages from reaching You. User may not use the KLUBLR Service in a way that imposes an unreasonable or disproportionately large load (as determined by us in light of the purposes for which you are using the KLUBLR Service and the load imposed by other users generally) on our infrastructure or that otherwise would harm or breach our arrangements with any of our service providers.
iii. You acknowledge that KLUBLR may establish general practices and limits concerning use of the KLUBLR Service, including without limitation the maximum number of days that messages or other uploaded content will be retained by the KLUBLR Service, the maximum number of messages that may be sent from or received by an account on the KLUBLR Service, the maximum size of any message that may be sent from or received by an account on the KLUBLR Service, the maximum disk space that will be allotted on the SMS servers on Your behalf, and the maximum number of times (and the maximum duration for which) You may access the KLUBLR Service in a given period of time. You agree that KLUBLR has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the KLUBLR Service. You acknowledge that KLUBLR reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that KLUBLR reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
iv. We reserve the right to remove any comments or team content which we deem to be in breach of our terms and conditions. Opinions expressed on a team comments and/or on KLUBLR forums do not represent our views, they only represent the views of the individual who posted the opinion.
v. You agree that you are responsible and liable for any content posted on the KLUBLR website by you, which includes pictures, images, words or data.
vi. You agree that if you become aware of any content on the website which may be in breach of 4.3, to notify us email@example.com
vii. You agree that KLUBLR is not responsible for the activity of any user of the website and that KLUBLR does not monitor content posted to the site. You use the site at your own risk and accept that you may be exposed to content which may be reasonably considered to be in breach of our Terms and Conditions of use, in which case you will notify us accordingly.
6. ESTABLISHING A GROUP PAGE
You may establish a group page or 'group space' on KLUBLR, and in doing so, you acknowledge and agree that;
i. The information added by you to invite your team members represents accurate and correct contact data for the individuals concerned, and that you have their consent to communicate with them on matters relating to the organisation of your 'team' or 'group' being organised using the KLUBLR service.
ii. Members added by you to your group page will be invited to join your team and will have access to your group page via a password which is unique to each individual member. Member passwords are communicated privately to invited members via the email and/or sms provided for that team member as you add them to your team.
iii. By accessing team content, members are deemed to be using the KLUBLR service and agree to the KLUBLR terms and conditions
iv. We reserve the right to delete or remove, any group page which contains content which we consider to be in breach of KLUBLR terms and conditions of use.
You understand that KLUBLR has no editorial control over any third party content and that KLUBLR does not guarantee the accuracy or completeness of any third party content. You agree that KLUBLR will have no liability to You, or anyone else who uses Your Account, with regard to any third party content. Under no circumstances will KLUBLR be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the user of any Content posted, emailed, or otherwise transmitted via the Service. You also understand that the third party content is the proprietary material of KLUBLR and/or the third party that supplies it, is protected by copyright and other applicable laws, and may not be reproduced, published, broadcasted, rewritten, or redistributed without the written permission of the third party that supplied it, except to the extent allowed under the "fair use" provisions of the copyright laws in the country in which you reside or comparable provisions of foreign laws.
9. MODIFICATION TO THE SERVICE
i. User acknowledges that KLUBLR is dependent on various telecommunications and infrastructure networks for the delivery of its service and that KLUBLR may adjust its offering at any time. User will be notified of any such changes through publication on the Site or through e-mail describing the change.
ii. User understands that KLUBLR may, in its discretion, from time to time change, add, or remove certain features of the KLUBLR Service or change the terms of this Agreement by informing you through publication on the KLUBLR website or through an email describing the changes. If you are dissatisfied with any such changes to the KLUBLR Service or this Agreement, you may immediately cancel your Account as provided in Section 11 of this Agreement. In addition, KLUBLR reserves the right to discontinue the KLUBLR Service altogether for all users at any time at its discretion.
10. DISCLAIMERS AND WARRANTIES
You understand and agree that the service is provided on an "as is" and "as available" basis. KLUBLR and its suppliers make no warranty that the service will meet your requirements or that use of the KLUBLR service or the site will be uninterrupted, timely, secure, or error-free; nor do KLUBLR or its suppliers make any warranty as to the results that may be obtained from use of the KLUBLR service or the accuracy, reliability or timeliness of any information obtained through the KLUBLR service (including third party content), or that any defects in the KLUBLR service will be corrected. simply put, KLUBLR makes no representation of delivery, receipt or termination of an sms message. user also acknowledges that, depending on the recipient's mobile service provider, it may not be possible to transmit the sms message to the recipient successfully, particularly if the provider does not support sms delivery at all. KLUBLR and its suppliers disclaim all warranties of any kind, whether express, implied, or statutory, regarding the KLUBLR service, including any implied warranty of title, merchantability, fitness for a particular purpose, or non-infringement. You understand and agree that any material or data obtained through use of the KLUBLR service is at your own discretion and risk and that you will be solely responsible for results obtained using any such material or data or any resulting damage to your computer system or loss of data. some states or jurisdictions do not allow the exclusion of certain warranties. therefore, the above exclusions may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting any warranty beyond what is permissible under applicable law.
11. LIMITATIONS ON LIABILITY
i. KLUBLR and its suppliers shall not be liable for any direct, indirect, special, consequential, exemplary, or incidental damages of any nature, including but not limited to, business interruption, loss of profits, business interruption loss of data, injury to goodwill, use, data or other intangible losses (even if KLUBLR has been advised of the possibility of such damages), resulting from use of the KLUBLR service by you, or anyone using your account, including, but not limited to:
the use or the inability to use the service.
unauthorized access to or alteration of your transmissions or data.
statements or conduct of any third party on the KLUBLR service or the site.
any damages or loss of any nature arising from or relating to your use of the KLUBLR service or use of the KLUBLR service through your account by anyone else. (a) KLUBLR shall in no event be liable to the user or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the KLUBLR service generally, the site, any other KLUBLR service and any aspect ancillary thereto; (b) KLUBLR shall in no event be responsible for the security of the data transmissions between KLUBLR and the user, including but not limited to the transmission of the payment information such as credit card numbers. KLUBLR expressly disclaims all warranties of any kind, whether expressed, or implied, for the security of the data transmission between KLUBLR and the user. (c) KLUBLR's total cumulative liability to you and anyone who uses the KLUBLR service through your account, for any and all claims under any theory of law (including negligence), will not exceed the aggregate amount you paid to KLUBLR in the preceding twelve months. some states or jurisdictions do not allow the exclusion or limitation of certain types of liability. therefore, the above limitations of liability may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting KLUBLR's liability beyond what is permissible under applicable law.
12. RELEASE AND INDEMNIFICATION
i. In the event that you have a dispute with one or more users, you release KLUBLR (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and you waive any rights under any state or local law limiting the extent of such release.
ii. User agrees to defend, indemnify and hold harmless KLUBLR and its subsidiaries, affiliates, officers, directors, agents, attorneys and employees from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's breach of this Agreement, User violation of any law or the rights of a third party, the content User submits, posts or transmits through the KLUBLR Service, or Your use of the KLUBLR Service.
13. TERMINATION OF ACCOUNT
You may terminate Your Account, at any time and for any reason or no reason, by contacting KLUBLR's customer service firstname.lastname@example.org. Notifying KLUBLR in any other way of your desire to terminate your Account may result in delays in processing your request. KLUBLR, in its sole discretion, may immediately terminate or suspend Your password, account (or any part thereof) or use of the KLUBLR Service, for any reason, including, without limitation, for lack of use or if KLUBLR believes that You have violated, acted inconsistently with this Agreement. KLUBLR reserves the right to terminate Your Account and this Agreement for any other reason if KLUBLR gives You at least ten (10) days advance notice. Upon any such termination of Your Account,. You agree that any termination of Your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that KLUBLR may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or the Service. Further, you agree that KLUBLR shall not be liable to You or any third-party for any termination of Your Account.
14. NO RESALE OF SERVICE
User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the KLUBLR Service, use of the KLUBLR Service, or access to the KLUBLR Service without the prior written approval of KLUBLR.
The KLUBLR Service may provide, or third parties may provide, links to other World Wide Web sites or resources. User agrees that KLUBLR is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that KLUBLR 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 site or resource.
16. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the KLUBLR Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that as a result of use of the KLUBLR Service, you may have access to or receive information or content protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws ("intellectual property rights"). Except as expressly authorized, You agree not to violate the intellectual property rights of KLUBLR or any third party.
17. GOVERNING LAW; ARBITRATION
Belgian law applies. Disputes will be resolved exclusively by the courts of the court district where TEAMLEADER has its registered office, unless TEAMLEADER expressly provides otherwise.
If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. This document and the pages referred to herein represent the entire agreement governing use of the KLUBLR Service and supersede any prior or contemporaneous written or oral statements by KLUBLR or its representatives or resellers. The failure of KLUBLR to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement may not be amended except as provided in Section 7. KLUBLR may assign this Agreement in accordance with the sale of all or substantially all of its stock or membership interest or all or substantially all of its assets to a third party.