Terms of Service

Welcome to DubClub, the platform (the “Platform”) for handicappers (“Cappers”) and their subscribers (“Subscribers”). Please read these Terms of Service (these “Terms”) carefully because they constitute a binding agreement between DubClub Inc. (“we,” “us,” “our” or “DubClub”) and you in your capacity as a user of the Platform, whether as a Capper or as a Subscriber (“you,” “your” or “Member”).

Account

  1. Account Creation
    • If you are a Capper, you become a Member by signing up on the Platform and accepting these Terms and a Capper Usage Agreement. As a Capper, you’ll be bound by these Terms and the Capper Usage Agreement.
    • If you are a Subscriber, you become a Member by signing up on the Platform and accepting these Terms. Your phone number is your username. To login to your account, a verification code is texted to your phone. We like to keep things simple!
  2. Agreement to Terms. By accepting these Terms on the Platform, or if your account was already created, by continuing to use the Platform, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Platform. By agreeing to be bound by these Terms, you are also acknowledging that you have reviewed and agree to be bound by our Refund Policy and our Privacy Policy, each of which is hereby incorporated into and forms an integral part of these Terms. References to the “Platform” include https://dubclub.win and any other website or mobile application owned, operated or controlled by us.
  3. Jurisdictional Issues. We provide the Platform for use by persons located in the United States who can legally enter into these Terms and are at least eighteen (18) years old. Any use of the Platform is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Platform’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

Cappers

  1. Cappers. As a Capper (aka a “knowledge provider” of sports content):
    • Once you become a Member, you can publish paywalled content for your Subscribers (“Content”) via one or more subscription packages you create (each, a “Product”), and send your Content to your Subscribers via the notification channel(s) Subscribers select.
    • You will set the rate to charge Subscribers for your Products (“Fees”). You may elect to offer free Products and/or a free trial period to Subscribers.
    • You will also set the subscription period length for your Products, ranging from as short as one (1) day to as long as one (1) year (the “Subscription Period”). Subscription Periods auto-renew unless and until canceled by a Subscriber.
  2. Payments to Cappers.
    • DubClub has partnered with Stripe, a leading global payment processor, to process collections and payments from your Subscribers.
    • You will be asked to set up a Stripe account (it’s free) so that we can easily manage payments from your Subscribers and ensure that you are paid in a timely, streamlined, and automated manner. You will be able to track your DubClub income on your Capper Dashboard within the Platform.
    • If you have any questions about Stripe, please refer to their Terms of Service.

Subscribers

  1. Subscribers. As a Subscriber:
    • Once you become a Member, you can subscribe to one or more Cappers on the Platform, and when subscribing, you may select Products from Cappers.
    • A Capper may offer their Products for free or for a subscription fee, as determined in the Capper’s sole discretion. If you select a Product, you agree to incur any applicable Fees. Cappers may change pricing at their sole discretion through their Capper account, but no price changes will apply retroactively.
    • Once you have selected a Product from a Capper (i.e., “subscribed to” a Capper), you will receive real-time plays via notification channel(s) you select from that Capper. These plays will correspond to the Product(s) that you selected for that Capper at time of subscription. You agree to receive those notifications via any channel(s) you select, and hereby authorize DubClub and the Capper to send those notifications via those channel(s), understanding that standard messaging rates will apply.
  2. Subscription Management.
    • If you are subscribed to at least one Capper’s Product, you can login to your DubClub account using your phone number to view recent plays and all of your Capper subscriptions in one place. Visit your Subscription Settings to manage notifications and renewal activity for all of your subscriptions.
    • Each Capper sets the Subscription Period for their Product(s).
    • Some Cappers may also offer a free trial of a length of time set by the Capper. You are only eligible for one (1) free trial per Capper. In other words, you will be required to pay if you attempt to trial a Capper’s Product a second time.
    • To provide uninterrupted service, we will automatically charge for and renew your subscription at the end of your free trial or your Subscription Period, for continuous Subscription Periods of equal length unless you opt out of automatic renewal in the Platform, which you may do at any time. If you do not want to renew your free trial or Subscription Period, navigate to your subscription settings within your account on the Platform, check “Do Not Renew”, and save your changes. You must make this change at least one (1) calendar day prior to the expiration of your free trial or then-current Subscription Period, as applicable.
    • If you unsubscribe from a package mid-Subscription, you will still be charged Fees for the remainder of the current Subscription Period.
    • You can opt back into auto-renewal on any active subscription, at any point, by selecting "Reactivate" in your subscription settings.
    • If you want to change your subscription for the same Capper’s Product, you can use the “package discounts” button within the Platform under your subscriptions.
    • Cappers can offer different prices for the same Product. Subscribers cannot have two active subscriptions for one Capper Product. If you want to access a different subscription from the same Capper Product, please contact DubClub via email at support@dubclub.zendesk.com or via Twitter DM at @DubClub_win.
  3. Payments by Subscribers.
    • When you subscribe to a Product from a Capper, you agree to recurring billing of applicable Fees, starting on the date you sign up, and repeating thereafter based on the Subscription Period for that Product (as set by the Capper, see above).
    • Quoted Fees do not include sales or other transaction-based taxes of any kind, which are your responsibility. All Fees will be billed and charged in USD.
    • Cappers may change their Fees at any time, but changes will not apply retroactively.
    • You agree to pay Cappers for their Content only through the payment channels authorized by DubClub.
  4. Refunds. All sales are final and non-refundable at time of purchase, and not subject to any conditions post-sale. Please refer to the Refund Policy if you have any questions regarding refunds.

Rights & Rules

  1. Intellectual Property.
    • We own all proprietary rights in the Platform and our products, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. Our trade names, trademarks and service marks include our name and any associated logos. All trade names, trademarks, service marks and logos on the Platform not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained in the Platform should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
    • Cappers own all proprietary rights in their Content, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. Cappers grant us permission to use or disclose Content (including any personal information therein) as necessary or appropriate to provide the Service and operate the Platform.
  2. Compliance with Laws. You represent and warrant that your use of the Platform, together with your creation, distribution, and use, as applicable, of Content and Products (collectively, the “Service”), will comply with all applicable laws and regulations. You are solely responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations or other applicable laws.
  3. Messaging. As always, message and data rates may apply for any messages sent to you from us and to us from you, and from a Capper to a Subscriber. For example, you will receive messages from us every time you attempt to login with a phone number and receive a code for verification. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you are experiencing issues with the messaging program, you can get help directly by emailing support@dubclub.zendesk.com.
  4. Monitoring. Although we're not obligated to monitor access to or use of the Service or to review or edit any Content, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, Product or the Platform, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute Members who violate the law. Any individual who is found to be in violation of these Terms will be immediately and permanently banned from DubClub, subject to the Company’s discretion, and not entitled to a refund.
  5. Acceptable Use. DubClub has a zero tolerance policy for any Content that promotes violence, hate speech, impersonation, plagiarism, porn or sexually exploitative content, animal cruelty, selling illegal goods or services, or the public sharing of private information (such as home phone numbers or physical addresses). Any individual whose Content is found to be in violation of these standards will be immediately and permanently banned from DubClub at our discretion, and not entitled to a refund. Any reference to “Content” in this Section 14 includes content published on and off of the Platform. You agree not to do any of the following:
    • Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) promotes illegal or harmful activities or substances; or (viii) attempts to influence Subscribers to join other platforms deemed unacceptable by us;
    • Use, display, mirror or frame the Service or any individual element within the Service, DubClub’s name, any DubClub trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without DubClub’s express written consent;
    • Access, tamper with, or use non-public areas of the Platform, DubClub’s computer systems, or the technical delivery systems of DubClub’s providers;
    • Attempt to probe, scan or test the vulnerability of any DubClub system or network or breach any security or authentication measures;
    • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by DubClub or any of DubClub’s providers or any other third party (including another Member) to protect the Platform or Content;
    • Attempt to access or search the Platform or Content or download Content from the Platform through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by DubClub or other generally available third- party web browsers;
    • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
    • Use any meta tags or other hidden text or metadata utilizing a DubClub trademark, logo URL or product name without DubClub’s express written consent;
    • Use the Service, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
    • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
    • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;
    • Interfere with, or attempt to interfere with, the access of any Member, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Platform;
    • Collect or store any personally identifiable information from the Service from other Members without their express permission;
    • Impersonate or misrepresent your affiliation with any person or entity;
    • Violate any applicable law or regulation; or
    • Encourage or enable any other person to do any of the foregoing.
  6. Copyright Infringement. DubClub does not allow copyright infringement on the Platform. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. DubClub reserves the right to remove Content alleged to be infringing and to terminate the accounts of repeat infringers, without a refund. If you wish to report a copyright infringement, please send a notice containing the below information to our designated agent at support@dubclub.zendesk.com. If you do submit a notice to us, please note that we may forward your notice, including your contact information, to the Member who posted or used the Content that you are reporting. When reporting a claim of copyright infringement, please ensure your notice includes the following:
    • The name, address, telephone number, and email address of the copyright owner;
    • An identification or description of the copyrighted work that you claim is being infringed;
    • A description of the Content on or sent through the Platform that you claim infringes your copyright;
    • An identification of where the allegedly infringing Content is located;
    • A statement that: (a) you have a good faith belief that the use isn’t authorized by the copyright owner, its agent or the law; (b) the information in your notice is accurate; and (c) under penalty of perjury, you are the owner or you are authorized to act on behalf of the copyright owner; and
    • An electronic or physical signature from the copyright owner or someone authorized to act on their behalf.
  7. Confidentiality. All information shared via the Platform is strictly proprietary and confidential. As a Subscriber, Content received from a Capper is for your personal use only, and sharing or redistributing any Content to any third party is strictly prohibited. This includes: electronic, verbal, or written redistribution. Any individual who is found to be sharing Content or other protected information externally will be immediately and permanently banned from DubClub at our discretion, and not entitled to a refund.
  8. Privacy. We value the privacy of our Members. If you have any questions regarding privacy and user consent, please read our privacy policy. DubClub uses Google’s invisible reCAPTCHA service to protect the Platform from fraud and abuse without creating friction for users. Our use of reCAPTCHA is subject to Google’s Privacy Policy and Terms of Service.

Liability

  1. DISCLAIMER OF WARRANTIES. The Content provided through and on the Platform is strictly meant for informational and entertainment purposes only. As such: THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET OR SATISFY YOUR EXPECTATIONS, ASSUMPTIONS OR REQUIREMENTS OR THAT THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, PRODUCT OR CONTENT ON OR ASSOCIATED WITH THE PLATFORM. YOUR USE OF THE SERVICE AND MAKING OF ANY DECISIONS OR OUTCOMES BASED THEREON, AND YOUR SELECTION OF CAPPER(S) AND THEIR CONTENT AND PRODUCTS, IS EACH AT YOUR SOLE RISK AND DISCRETION. IF YOU CHOOSE TO UTILIZE ANY INFORMATION, PRODUCT OR CONTENT ON OR ASSOCIATED WITH THE PLATFORM OR ANY CAPPER, YOU DO SO SOLELY AT YOUR OWN RISK.
  2. Indemnity.
    • You will indemnify DubClub and hold us and our officers, directors, employees and agents, harmless from and against any third party liabilities, damages, losses, and costs and expenses, including, but not limited to, reasonable legal fees in connection with any claims (including, but not limited to, a claim from another Member) related to or arising from (i) your access to or use of the Service; or (ii) your violation of these Terms.
    • DubClub will indemnify you and hold you harmless from and against any third party liabilities, damages, losses, and costs and expenses, including, but not limited to, reasonable legal fees, related to or arising from a third-party claim that the Platform (excluding for the avoidance of doubt any Content or Product), or your use thereof in strict accordance with these Terms, infringes a U.S. intellectual property right of a third party.
  3. LIMITATION OF LIABILITY. Your interactions with organizations and individuals found on or through the Platform, including use (or creation or distribution) of or payment (or receipt of payment) for Content and Products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and individuals. You agree that DubClub is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. As such:
    • TO THE MAXIMUM EXTENT PERMITTED BY LAW, DUBCLUB AND ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING OR DELIVERING THE PLATFORM WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DUBCLUB OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
    • TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, IN NO EVENT WILL DUBCLUB’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE FEES PAID BY YOU TO DUBCLUB DURING THE SIX MONTH PERIOD PRECEDING THE EVENT THAT CREATED THE LIABILITY OR TEN THOUSAND DOLLARS ($10,000), IF YOU HAVE NOT PAID DUBCLUB HEREUNDER DURING THAT PERIOD; THE FOREGOING LIMITATION OF LIABILITY WILL NOT APPLY TO DUBCLUB’S INDEMNIFICATION OBLIGATIONS IN SECTION 19 ABOVE.

Final Details

  1. Term and Termination.
    • You or DubClub may terminate these Terms at any time for any reason. You may do so by terminating your account. We may do so by giving notice that we are terminating these Terms and/or by discontinuing the Platform. Upon such termination of these Terms, your right to use the Platform will immediately cease.
    • Upon any termination or discontinuation of the Platform or these Terms, any section of these Terms which by its nature or context is intended to survive termination will so survive. If you are a Subscriber, you are still obligated for all outstanding Fees accrued up until the date of termination or discontinuation.
  2. Changes to these Terms or the Platform. We may update these Terms from time to time at our sole discretion. If we do, we will post the updated Terms to the Platform and our website (as applicable). If you continue to use the Platform after the effective date of the updated Terms, it means that you accept and agree to the updates. If you do not agree to be bound by the updates, you may not continue to use the Service. Because the Platform is evolving over time, we may change all or any part of the Platform, at any time and without notice, at our sole discretion.
  3. Feedback. You may provide suggestions, comments, input or other feedback (“Feedback”) regarding the Service. If you elect to provide us with any Feedback, then you grant us a perpetual, irrevocable, royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback as we see fit. You understand that we may use any Feedback you provide to improve the Service or to develop new features, products and services.
  4. Links to Third Party Websites or Resources. The Service may allow you to access third-party websites or other resources. We and Cappers provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
  5. Miscellaneous.
    • These Terms, the Capper Usage Agreement (for Cappers only), our Refund Policy and our Privacy Policy constitute the entire and exclusive understanding and agreement between DubClub and you regarding the Service (collectively, the “Agreement”), and supersede and replace all prior oral or written understandings or agreements between DubClub and you regarding the Service. If any provision of the Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of the Agreement will remain in full force and effect. You may not assign or transfer the Agreement, by operation of law or otherwise, without DubClub’s prior written consent. Any attempted assignment is null and void. DubClub may freely assign or transfer without restriction. Subject to the foregoing, the Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns. Except for DubClub’s indemnitees under Section 19, the Agreement is for the sole benefit of you and DubClub and our successors and permitted assigns and will not be construed as conferring any rights to any third party (including, but not limited to, any third-party beneficiary rights).
    • The Agreement will be governed by the laws of the State of Delaware, without regard to its conflict of laws provisions.
    • Any notices or other communications provided by DubClub under the Agreement will be given: (i) via email and/or (ii) by posting to the Platform and our website (as applicable). For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. Any notices provided by a Member to DubClub under the Agreement will be given via email to support@dubclub.zendesk.com.
    • DubClub’s or a Member’s failure to enforce any right or provision of the Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of DubClub or the Member (as applicable).
    • In the event of any dispute between you and any other Member, DubClub will have no obligation to intervene or participate in any manner, and you will resolve any such disputes directly with the other Member.
    • Any controversy, dispute, or claim of any nature arising out of, in connection with, or in relation to the interpretation, performance, enforcement or breach of the Agreement will be resolved by binding arbitration.
    • You agree that we may reference you publicly as a Member, including in our marketing and press materials and social channels. If you would prefer not to be referenced as such, please contact us at support@dubclub.zendesk.com.
    • If you have any other questions about the Agreement or the Platform, please contact us at support@dubclub.zendesk.com or 20 N Wacker Dr, 12th Floor, Chicago, IL 60606.

Last updated July 20, 2023

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