ClubWUs Terms of Service

These Terms of Service ("Terms") are an agreement between you and ClubWUs LLC, a Colorado limited liability company ("ClubWUs," "we," "us," or "our"). They apply to the ClubWUs mobile app, the clubwus.com website, and related services (together, the "Service").

1. Accepting These Terms

By creating an account or using the Service, you agree to these Terms, including, where they apply to you, Appendix A (Club Manager Terms) and Appendix B (Promotions Policy), and to the policies they refer to: our Privacy Policy, Community Guidelines (which include our Child Safety Standards), and Copyright & Intellectual Property Policy (together, the "Policies"). The Policies are part of these Terms. If you do not agree, do not use the Service.

2. Who Can Use ClubWUs

• You must be at least 18 years old, and old enough to make a binding contract where you live.
• You may not use the Service if we have previously banned you, or if you are barred from using it under applicable law, including trade-sanctions law.
• If you use the Service on behalf of an organization, you confirm that you are authorized to accept these Terms for it.

We may ask you to confirm your age. We will remove accounts we reasonably believe belong to someone under 18.

3. Your Account

• Give accurate information and keep it up to date.
• Keep your password secure and do not share your account. You are responsible for activity on your account unless it results from our own failure.
• Do not create an account for someone else, impersonate anyone, or create accounts to get around a suspension or ban.
• Tell us promptly at support@clubwus.com if you think your account has been compromised.

4. How ClubWUs Works

ClubWUs helps people find and take part in clubs and real-world activities. Users can create clubs and events, join or apply to clubs, RSVP, and comment. Club managers decide who joins their clubs and what is posted in them. Your home feed shows content from clubs you belong to.

Our role. ClubWUs provides the platform only. We do not organize, host, supervise, sponsor, or verify clubs, events, activities, venues, or users, unless we clearly say otherwise. Clubs and events are the responsibility of the people who run them.

5. Your Content

You own it. "User Content" means anything you submit to the Service, such as profile information, club details, posts, events, images, comments, and RSVPs. You keep ownership of your User Content.

Permission you give us. You give ClubWUs a worldwide, non-exclusive, royalty-free, transferable license (with the right to sublicense to our service providers) to host, store, copy, adapt for display (for example, resize or format), publish, and distribute your User Content, but only to operate, provide, secure, and improve the Service and to show the Service to others. This license ends when your User Content is deleted from the Service, except (a) for copies other users have already shared or that are part of other people's content, (b) for content kept in de-identified form as described in our Privacy Policy, (c) for backups deleted in the ordinary course, and (d) where we must keep it for legal or safety reasons.

Your promises. You confirm that you have the rights needed to post your User Content, that it does not violate anyone's rights (including privacy and publicity rights), and that it follows these Terms and the Policies. If you post images or information about other people, make sure you are allowed to.

Sensitive information. If you choose to share sensitive information through ClubWUs (for example, by joining a club related to health or faith), you agree that we may process it to provide the Service, as described in our Privacy Policy.

Who can see it. User Content can be seen by other users depending on club settings and the feature used. For example, content in public clubs can be seen more widely, and your RSVP may appear in an event's attendee list. Do not post anything you want to keep private.

Feedback. If you send us ideas or suggestions, we may use them freely without paying you.

6. Rules of Conduct

Our Community Guidelines explain what is and is not allowed. In short, you may not use the Service to:

• break the law or help others break it;
• harass, threaten, bully, stalk, or abuse anyone, or promote hatred or violence;
• post sexually explicit content, share intimate images without consent, or sexualize or endanger children in any way;
• post other people's private information, or impersonate anyone;
• scam, spam, or mislead people, including through fake clubs, events, or promotions;
• infringe anyone's intellectual property or other rights;
• upload malware, interfere with the Service, or access accounts, systems, or data without permission;
• scrape, harvest, or bulk-collect data from the Service, or use automated means to access it, without our written permission;
• copy, reverse engineer, or resell the Service, except where the law allows this despite this restriction;
• manipulate engagement, rankings, promotions, or metrics.

7. Clubs, Events, and Meeting in Person

• Organizers are responsible. People who create or manage clubs and events are responsible for them, including their accuracy, safety, legality, any permits, and any fees, refunds, or waivers they arrange outside ClubWUs. Club managers must also follow the Club Manager Terms in Appendix A.
• Information may be wrong. Club and event information comes from users. We do not guarantee that it is accurate, current, safe, or legitimate, or that an event will take place.
• Use your judgment. You decide whether to join a club, attend an event, or meet someone. Physical and social activities carry risks, including injury. You take part voluntarily and are responsible for your own choices and safety. Follow the safety tips in our Community Guidelines, and contact local emergency services if anyone is in danger.
• Disputes between users. Disputes between you and other users, clubs, or organizers are between you and them. We may, but do not have to, help.

Nothing in this Section limits any responsibility we have under law that cannot be limited, including for our own gross negligence or intentional misconduct.

8. Promotions

Clubs and businesses may promote content in the Service. Promoted content is labeled as promoted or sponsored. Promotions are shown based on factors such as the location you choose and the categories you are interested in. We give promoters only aggregate results (such as total views, clicks, joins, and RSVPs), never your identity. Promoters are responsible for their content and offers, and must follow the Promotions Policy in Appendix B. ClubWUs does not endorse promoted content.

9. Moderation, Reporting, and Blocking

• You can report content or users and block users in the app. You can also email support@clubwus.com.
• We may review, restrict, or remove content, and warn, restrict, suspend, or terminate accounts, when we reasonably believe there is a violation of these Terms or the Policies, a legal requirement, or a risk to people or the Service. Club managers may also remove content and members within their clubs.
• We may use a combination of people and automated tools to find and review harmful content. We do not review all content before it appears and are not responsible for content posted by users.
• When we take significant action against your account, we will usually tell you why, unless this is not appropriate for legal or safety reasons. You can ask us to review the decision by emailing support@clubwus.com with the subject "Appeal," and a person will review it.
• Where required by law, we report illegal content, including child sexual abuse material, to the appropriate authorities.

10. Intellectual Property

The Service, including its software, design, and the ClubWUs name and logos, belongs to ClubWUs LLC or its licensors. We give you a personal, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose under these Terms. You may not use our brand in a way that suggests we endorse you without our written permission. To report infringement, see our Copyright & Intellectual Property Policy.

11. Third-Party Services and Links

The Service may include links to, or rely on, third-party services (for example, app stores, mapping, and push notifications). We are not responsible for third-party services, and their own terms and privacy policies apply to them.

App stores. If you downloaded the app from the Apple App Store or Google Play, these Terms are between you and ClubWUs, not Apple or Google. Apple and Google have no obligation to provide support or maintenance for the app and are not responsible for it or for claims relating to it. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. The license in Section 10 lets you use the app only on devices you own or control, as the app store's rules allow. ClubWUs, not Apple, is responsible for the app and for handling any claims about it, including product liability, legal compliance, and intellectual property claims. You confirm that you are not located in a country subject to a US government embargo or designated as supporting terrorism, and that you are not on any US government list of prohibited or restricted parties. You must also follow the app store's rules and any third-party terms that apply when you use the app, such as your mobile data plan.

12. Privacy

Our Privacy Policy explains how we collect, use, and share personal information and what rights you have. Please read it.

13. Changes to the Service

We are always improving ClubWUs. We may add, change, or remove features. If we make a change that significantly reduces your ability to use the Service, we will give you reasonable notice where practical. The Service is currently free. If we introduce paid features, we will explain the price and terms before you pay, and you will not be charged without agreeing.

14. Deleting Your Account; Suspension and Termination

• You can leave at any time. Delete your account in the app or through clubwus.com/delete-account. If you are the primary manager of a club, you will first need to transfer that role to another eligible member. If no one can take over, contact support@clubwus.com and we will help you close the club so you can delete your account. Our Privacy Policy explains what is deleted and what may be kept.
• We may suspend or end your access if you seriously or repeatedly violate these Terms or the Policies, if the law requires it, or if you create a risk of harm or legal exposure to others or to us. Where appropriate, we will give you notice and a reason, and a chance to respond. We may act immediately in serious cases.
• We may discontinue the Service. If we shut down the Service, we will give reasonable advance notice where practical.
• Sections that by their nature should survive (such as Sections 5, 10, 12, and 15 to 21) continue after your account ends.

15. Disclaimers

The Service is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not promise that the Service will always be available, secure, or error-free, or that content from users or third parties is accurate or reliable. Some jurisdictions do not allow these disclaimers, so some may not apply to you.

16. Limitation of Liability

To the fullest extent permitted by law:

• ClubWUs LLC and its members, officers, employees, agents, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, data, or goodwill, arising from or related to the Service; and
• our total liability for all claims relating to the Service is limited to the greater of US$100 or the amount you paid us in the 12 months before the claim.

These limits apply to any theory of liability and even if we were told a loss was possible. They do not limit liability for death or personal injury caused by our negligence, for our gross negligence, fraud, or intentional misconduct, or any other liability that the law does not allow us to limit. See Section 19 for additional rights in some countries.

17. Indemnity

To the extent permitted by law, you will defend and compensate ClubWUs LLC and its members, officers, employees, and agents against third-party claims, and related losses and reasonable legal costs, to the extent they arise from your User Content, your breach of these Terms, your violation of law or someone else's rights, or clubs or events you organize. This does not apply to the extent a claim results from our own fault. This Section does not apply to consumers in countries where such indemnities are not allowed.

18. Disputes: Arbitration for US Users

Please read this Section carefully. It affects your legal rights. It applies only if you live in the United States.

Talk to us first. Before starting any formal proceeding, send a written notice describing your claim and the relief you want to legal@clubwus.com. We will do the same by emailing you. Both of us will try in good faith to resolve the dispute within 60 days. Any deadlines for bringing a claim are paused during this period.

Binding individual arbitration. If we cannot resolve it, you and ClubWUs agree that any dispute relating to the Service or these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (and, where they apply, its Mass Arbitration Supplementary Rules). The arbitrator decides all issues, including whether a claim must be arbitrated, except that a court decides questions about the class-action waiver and the mass-filing procedure below. The arbitration will take place by video, by phone, in writing, or in the county where you live, as you prefer. Fees follow the AAA Consumer Rules, and we will pay any fees those rules require the business to pay. The Federal Arbitration Act governs this Section.

Exceptions. Either of us may (a) bring an individual claim in small-claims court, and (b) go to court over the infringement or misuse of intellectual property. Claims that the law does not allow to be arbitrated, such as certain claims for public injunctive relief, will be decided in court after any arbitrable claims are resolved.

No class actions. You and ClubWUs may bring claims only individually, not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. If a court decides that this waiver is unenforceable for a particular claim, that claim (and only that claim) will be decided in court.

Many similar claims. If 25 or more similar claims are filed by or with the help of the same lawyers or group, they will be resolved in batches or bellwether proceedings as provided by the AAA rules, and filing deadlines are paused while this happens.

Your right to opt out. You can opt out of this arbitration agreement by emailing legal@clubwus.com with the subject line "Arbitration Opt-Out" within 30 days after you first accept these Terms. Include your name, the email address on your account, and a clear statement that you opt out. Opting out does not affect the rest of these Terms.

Future changes. If we materially change this Section, you may reject the change by emailing us within 30 days, and the previous version will continue to apply to you.

19. Governing Law and Local Rights

Governing law. These Terms are governed by the laws of the State of Colorado, USA, without regard to conflict-of-law rules. Subject to Section 18, any court case will be brought in the state or federal courts located in Denver, Colorado, and you and ClubWUs consent to those courts.

Users outside the United States. Section 18 does not apply to you. If you are a consumer, you keep the protection of the mandatory laws of the country where you live, and you may bring claims in the courts of that country where local law gives you that right. Nothing in these Terms takes away rights that cannot be waived under the laws that apply to you. In particular:

• Australia: Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies those guarantees or any other right or remedy you have under that law.
• New Zealand: Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, except to the extent those Acts permit.
• Canada: If you are a consumer in Quebec, the provisions of these Terms that are not permitted by the Consumer Protection Act of Quebec do not apply to you.
• Japan: If you are a consumer, Sections 16 and 17 do not exclude or limit our liability for damage caused by our intentional misconduct or gross negligence, and any provision that is invalid under the Consumer Contract Act does not apply to you.
• South Korea: Any provision of these Terms that is invalid under the Act on the Regulation of Terms and Conditions does not apply to you, and Sections 16 and 17 do not limit our liability for damage caused by our intentional misconduct or gross negligence.
• Australia (unfair terms): Nothing in these Terms applies to the extent it would be an unfair contract term under Australian law.
• Other countries: Where local law does not allow a provision of these Terms to apply to you, that provision applies only to the extent the law allows.

20. Changes to These Terms

We may update these Terms, for example to reflect new features or changes in law. For material changes, we will give you reasonable advance notice through the app or by email, except where a change is needed urgently for legal or safety reasons. If you keep using the Service after changes take effect, the updated Terms will apply. If you do not agree, you can stop using the Service and delete your account. We will not apply changes to disputes that arose before the change.

21. General

• Entire agreement. These Terms and the Policies are the whole agreement between you and us about the Service.
• Severability. If any part of these Terms is found unenforceable, the rest stays in effect.
• No waiver. If we do not enforce a provision, that does not mean we give up the right to do so later.
• Assignment. You may not transfer these Terms without our consent. We may transfer them in connection with a merger, acquisition, or sale of assets, or to an affiliate, provided your rights are not reduced.
• Events beyond control. Neither of us is responsible for delays caused by events beyond reasonable control.
• Notices. We may send notices to you by email or in the app. You may send legal notices to legal@clubwus.com or by mail to the address below.
• Electronic communications. You agree that we may provide agreements, notices, and other communications to you electronically, and that they satisfy any requirement that they be in writing.
• Language. If we provide a translation of these Terms, the English version controls to the extent permitted by local law.

22. Contact Us

ClubWUs LLC

1500 N Grant St, Ste N, Denver, CO 80203, USA

• Legal and privacy: legal@clubwus.com
• Support, safety, and reports: support@clubwus.com
• Business and promotions: business@clubwus.com

Appendix A: Club Manager Terms

This Appendix A (the "Club Manager Terms") applies to you if you create a club or act as a manager of a club on ClubWUs. It is part of these Terms and adds to the rest of these Terms and our Community Guidelines, which also apply. If this Appendix conflicts with the rest of these Terms, this Appendix applies to your role as a club manager.

In short: Your club is your responsibility. Be accurate, follow the law, keep your club safe, and use members' information only to run the club.

A1. Your Role

Club managers can publish posts and events, approve or remove members, and moderate their club. The "primary manager" is the manager with overall control of the club. When you create a club, you become its primary manager.

ClubWUs provides tools only. You, not ClubWUs, run your club and its events. You are not an employee, agent, or partner of ClubWUs, and you may not say or suggest that ClubWUs organizes, sponsors, or endorses your club or events.

A2. Accuracy and Honesty

• Describe your club and events accurately, including who runs them, where and when they take place, what is involved, any costs, and any skill, fitness, or age requirements (all participants must be 18 or older).
• Update or cancel events promptly if plans change, and tell attendees.
• Do not use a club to impersonate an organization you do not represent.

A3. Safety and Legal Compliance

You are responsible for your club's activities and events, including:

• following all laws that apply, including any permits, licenses, venue rules, insurance, and health and safety rules;
• taking reasonable care for the safety of participants, especially for physical or higher-risk activities;
• any fees, payments, refunds, or waivers you arrange outside ClubWUs. These arrangements are between you and your members; ClubWUs is not a party to them, and any waiver you use must comply with the law; and
• not organizing activities that are illegal or unsafe.

A4. Moderation

• Moderate your club fairly and in line with our Community Guidelines.
• Remove content that clearly violates our rules, and report serious problems to us (for example, threats, exploitation, or anything involving a child).
• Do not remove or exclude people on the basis of a protected characteristic in violation of applicable law.
• ClubWUs may still review and act on content in your club, including overriding your decisions.

A5. Members' Information

As a manager, you can see information about members and applicants, such as their profiles, applications, and RSVPs. You must:

• use it only to run your club and its events;
• not copy, export, sell, or share it, or use it for marketing or any unrelated purpose, without the person's permission;
• not collect sensitive information (such as health, religious, or financial information) unless it is truly needed for a club activity and you have the person's permission;
• protect any information you take outside ClubWUs, delete it when you no longer need it, and follow the privacy laws that apply to you. For information you take outside ClubWUs, you are responsible for how it is used.

A6. Promoting Your Club

If you use promotions, you must also follow the Promotions Policy in Appendix B.

A7. Handing Over a Club

A club must always have a primary manager. Before you delete your account or step down, transfer the primary manager role to another eligible member. If no one can take over, contact support@clubwus.com and we will help you close the club. If a club is abandoned, inactive, or misused, ClubWUs may transfer management, remove managers, or close the club.

A8. Our Rights

We may remove a club or its content, remove manager rights, or restrict features if we reasonably believe this Appendix, the rest of these Terms, or our Community Guidelines have been violated, or to protect users or comply with law.

A9. Responsibility

To the extent permitted by law, you are responsible for claims by others arising from your club's activities or events, or from your breach of this Appendix, as described in Section 17 (Indemnity).

Appendix B: Promotions Policy

ClubWUs lets clubs, organizations, and businesses ("Promoters") promote clubs, events, and other content to people who may be interested. This Appendix B (the "Promotions Policy") applies to anyone who creates a promotion. It is part of these Terms and adds to the rest of these Terms, our Community Guidelines, and, for club managers, the Club Manager Terms in Appendix A.

In short: Promotions must be honest, lawful, and clearly labeled. They reach people based on the location and interests those people choose on ClubWUs. Promoters see totals, never who the people are.

B1. How Promotions Work

• Promotions appear in ClubWUs with a label such as "Promoted" or "Sponsored." You may not hide or remove the label.
• We show promotions based on the location and activity categories that users choose in ClubWUs. We do not use data from other apps or websites to target promotions.
• Promoters receive aggregate results only, such as total views, clicks, joins, and RSVPs. We take steps, such as not reporting very small counts, so that results do not identify individuals. We do not give Promoters the identity, contact details, or individual activity of any user, and Promoters must not try to identify users from promotion results.
• We may set eligibility requirements, limit or reject promotions, and decide where and how often they appear. We do not guarantee any number of views, joins, or other results.
• Promotions are currently free. If we introduce charges, we will explain the price and terms before you agree to pay.

B2. Content Rules

Promotions must:

• be truthful, accurate, and not misleading, including about prices, costs, dates, places, and who is behind the promotion;
• comply with all laws that apply, including consumer protection and advertising laws, in every place the promotion is shown;
• disclose any material connection (for example, if a promotion includes a paid endorsement or influencer content);
• have the rights to all text, images, logos, and trademarks used; and
• follow our Community Guidelines.

B3. Not Allowed

Promotions may not advertise or promote:

• anything illegal, or illegal drugs, weapons, explosives, or tobacco and vaping products;
• adult or sexual content or services;
• gambling, unless it is legal and licensed where the promotion is shown and we have approved it in advance;
• alcohol, except lawfully and only to adults where permitted;
• financial products, investments, cryptocurrency, loans, or "get rich quick" schemes;
• health claims, medical products, or weight-loss products that are unproven or misleading;
• political or election content, or issue advocacy;
• discrimination, including in housing, employment, or credit opportunities;
• counterfeit goods or anything that infringes intellectual property; or
• anything that collects personal information in a misleading way or links to harmful websites.

B4. Your Responsibility

You are responsible for your promotions and for any offer, event, product, or service they promote. ClubWUs does not endorse or guarantee them. To the extent permitted by law, you are responsible for claims arising from your promotions as described in Section 17 (Indemnity).

B5. Enforcement

We may review promotions before or after they run, and remove any promotion, or suspend promotion features for any account, that violates this Appendix or creates a risk for users or ClubWUs.

B6. Contact

Business and promotion questions: business@clubwus.com