Subscriber Club Terms of Service

Last update: March 2015

Welcome to Subscriber Club. Subscriber Club is a platform where subscribers can purchase gigs that Youtubers offer.

The following terms and conditions (these "Terms of Service"), govern your access to and use of the Subscriber club website, including any content, functionality and services offered on or through www.subscriber.club (the "Site").

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles found in the table of contents on this page.

This Site is offered and available to users who are 14 years of age or older. If you are under 14 you may not use this Site or the Subscriber club services. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request.

Key Terms

Service are users who offer and perform services through Subscriber Club

Youtubers are users who offer and perform services through Subscriber Club

Subscribers are users who purchase services on Subscriber Club

Service Page is where the seller can describe their service and the service’s terms, and the buyer can purchase the service and create an order.

Custom Offers are exclusive proposals that a seller can create in response to specific requirements of a buyer.

Custom Orders are requests made by a buyer to receive a Custom Offer from a seller.

Orders are the formal agreement between a buyer and seller after a purchase was made from the seller’s Service Page.

Disputes are disagreements experienced during an order between a buyer and seller.

Revenue is the money sellers earn from completed orders

Service Extras are additional services offered on top of the Seller’s service for an additional price defined by the Seller.

Overview

• • Subscriber Club earns 20% commissions for every gig purchased.
• • Only registered users may buy and sell on Subscriber Club. Registration is free.
• • Orders are purchased through the Order button found on a youtuber’s service page.
• • Youtubers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect sellers’ reputation and status.
• • Users may not offer or accept payments using any method other than placing an order through Subscriber Club's services.
• • Youtubers are granted all rights for the delivered work, unless otherwise specified by the seller on their service page.
• • Subscriber club retains the right to use all published delivered works for Subscriber club marketing and promotion purposes.
• • We care about your privacy. You can read our Privacy Policy. The Privacy Policy is a part of these Terms of Service.

Sellers

Basics

• • Each order you sell and successfully complete, accredits your account with a net revenue of 80% of the purchase amount.
• • Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 60 days after the order is marked as complete.
• • If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s shopping balance.
• • Sellers may withdraw their revenues using one of Subscriber Club’s withdrawal options

Withdrawing Revenues

• • To withdraw your revenue, you must have an account with at least one of Subscriber Club Withdrawal Providers.
• • Your Subscriber Club profile can be associated with only one account from each Subscriber withdrawal Providers. An account can be associated with only one Subscriber profile.
• • Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete.
• • To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process
• • Withdrawals can only be made in the amount available to you.
• • Withdrawal fees vary depending on the withdrawal provider / method.
• • Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.

Buyers/Subscribers

Basics

• • You may not offer sellers to pay, or make payment using any method other than through the Subscriber Club site.
• • Subscriber Club retains the right to use all published delivered works for Subscriber Club marketing and promotional purposes.

Purchasing

• • Buyers pay Subscriber Club to create an order from a seller’s Service page, through the Order Now button.
• • Service may be purchased using PayPal
• • Processing fees are added at the time of purchase where a buyer can review and accept the total amount requested to pay. These fees cover payment processing and administrative fees. The current fees assessed to the total purchase amount can be found here. When purchasing from your seller's balance (i.e. out of your earned revenues) or buyer's shopping balance (resulting from any credits or refunds) you will not be charged a processing fee. Funds returned to your balance from cancelled orders will not include processing fees paid.
• • You may not offer sellers to pay, or make payment using any method other than through the Subscriber Club site.
• • To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit information

Orders

Basics

• • Once payment is confirmed, your order will be created and given a unique order number.
• • Using the Deliver Work button may not be abused by youtubers to circumvent Order guidelines described in this Terms of Service. Using the “Deliver Work” button when an order was not fulfilled may result in a cancellation of that order after review, affect the seller’s rating and result in a warning to seller.
• • An order is marked as complete after the order is marked as Delivered and then rated by a buyer. An order will be automatically marked as complete if not rated and no request for modification was submitted within 3 days after marked as Delivered.

Handling Orders

• • When a Subscriber orders a gig, the Youtuber is notified by email as well as notifications on the site while logged into the account.
• • Youtubers are required to meet the delivery time they specified when creating their Services. Failing to do so will allow the buyer to cancel the order when an order is marked as late and may harm the seller's rating.
• • Users are responsible for scanning all transferred files for viruses and malware. Subscriber Club will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
• • A Youtuber may cancel an order without the buyer's consent at any given moment (Force Cancellation). However, this will have a negative effect on the seller's rating.

Handling Orders

• • Feedback reviews provided by buyers while completing an order are an essential part of Subscriber Club rating system. Reviews demonstrate the buyer's overall experience with the sellers and their service. Buyers are encouraged to communicate to the seller any concerns experienced during their active order in regards to the service provided by the seller.
• • To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Subscriber Club platform from users within our Community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the Subscriber Club platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
• • Work Samples are the delivered images and videos sent to a buyer in a delivery message. Work Samples are added to a sellers’ Live Portfolio on their Service page if the buyer chooses to publish the Work Sample while providing a public feedback review.
• • Withholding the delivery of services, files, or information required to complete the Gig’s service with the intent to gain favorable reviews or additional services is prohibited.
• • Responding and posting a review: Once work is delivered, the buyer has three days to respond and post a review (or 14 days for Service with shipping). If no response is provided within the response period, the order will be considered completed.
• • Users are allowed to leave reviews on orders up to 30 days after an order is marked as complete. No new reviews may be added to an order after 30 days.

Handling Orders

• • Order cancellations (when eligible) can be performed by Customer Support only up to a period of 13 days from order completion date. We will not cancel orders after that time.
• • Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
• • Eligibility to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the Subscriber Club delivery system.
• • Subscriber Club reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.

User Conduct

Subscriber Club enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value.

Basics

• • To protect our users' privacy, user identities are kept anonymous. Requesting or providing Skype/IM usernames, telephone numbers or any other personal contact details except e-mail address to communicate outside of Subscriber Club in order to circumvent or abuse the Subscriber Club messaging system or Subscriber Club platform is not permitted.
• • Subscriber Club does not provide any guarantee of the level of service offered to buyers. You may use the dispute resolution tools provided to you in the order page
• • Subscriber Club does not provide protection for users who interact outside of the Subscriber Club platform or that are actively violating our Terms of Service.
• • All information and file exchanges must be performed exclusively on Subscriber Club’s platform.
• • Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account.

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography – Subscriber Club does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language  – Communication on Subscriber Club should be friendly, constructive, and professional. Subscriber Club condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.

Phishing and Spam – Subscriber Club takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them for commercial purposes without their consent.

Privacy & Identity  – You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. Youtubers further confirm that whatever information they receive from the Subscriber, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Subscriber. Any users who engage and communicate off of Subscriber Club will not be protected by our Terms of Service.

Intellectual Property Claims  – Subsriber Club will respond to clear and complete notices of alleged copyright or trademark infringement.

Fraud / Unlawful Use  – You may not use Subscriber Club for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Subscriber Club community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Subscriber Club’s Terms of Service is cause for permanent suspension of all accounts.

Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Subscriber Club. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts  – You may not buy or sell Subscriber Club accounts.

General Terms

• • Subscriber Club reserves the right to put any account on hold or permanently disable accounts due to breach of these terms of service or due to any illegal or inappropriate use of the Site or services.
• • Violation of Subscriber Club’s Terms of Service may get your account disabled permanently.
• • Users with disabled accounts will not be able to sell or buy on Subscriber Club.
• • Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
• • Users have the option to enable account Security features to protect their account from any unauthorized usage.
• • Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
• • Youtubers will be able to withdraw their revenues from disabled accounts after a safety period of 60 days, from the day of the last cleared payment received in their account and subject to Subscriber Club's approval.
• • Subscriber Club may make changes to its Terms of Service from time to time. When these changes are made, Subscriber Club will make a new copy of the terms of service available on this page.
• • You understand and agree that if you use Subscriber Club after the date on which the Terms of Service have changed, Subscriber Club will treat your use as acceptance of the updated Terms of Service.

General Terms

User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Subscriber Club by our users (Subscribers and Youtubers) is User Generated Content. Subscriber Club does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Subscriber Club is not responsible for the content, quality or the level of service provided by the Youtubers. We provide no warranty with respect to the Services, their delivery, and any communications between buyers and sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate service offers.

By offering a service, the seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service is offered on Subscriber Club. Youtubers advertising their service online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Service and may lead to the suspension of seller's account.

Ownership

Ownership and limitations: Unless clearly stated otherwise on the sellers Services page/description, when the work is delivered, and subject to payment, the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Youtubers, and the Youtubers waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright

Commercial Use License

By purchasing a “Commercial Use License” with your order, the Youtubers grant you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Subscriber Club’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Subscriber Club will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SUBSCRIBER CLUB NOR ANY PERSON ASSOCIATED WITH SUBSCRIBER CLUB MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL SUBSCRIBER CLUB, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.