Last updated: 16th March, 2022
www.subbed.me is owned and operated by Subbed PTY LTD, a company registered and existing under the laws of Australia.
Please read these Terms and Service and our Privacy Policy carefully before accessing or making use of our services. All users of our website, mobile app, and other products and services are conditioned upon acceptance of these Terms of Service and our Privacy Policy. We may require you to accept further terms that apply to certain features or services.
By clicking to indicate your acceptance or otherwise further access or use of any part of our services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you are not allowed to use our Services. Any new or updated features or tools that are added to the current website, mobile app, and our services shall also be subject to these Terms of Service.
Definitions
"Our website" or "this website" - refers www.subbed.me which includes: all pages, sub-pages, sub-domains, and any associated web-based application (collectively, "Website") owned and operated by Subbed PTY LTD.
"We", "Us", and "Our"- shall be used interchangeably and shall refer to Subbed, its owners, its affiliates and/or subsidiaries, and any person or entities associated with Subbed.
"Visitor"- is someone who merely browses this website or uses our app but has not registered an account.
"Member"- is someone that has registered an account with us to make use of our services.
"User" or "Users" or "You"- is a collective identifier that refers to either a Visitor or Member.
“Account”- means an account created by a Member to access our Services.
“Services”- shall collectively mean our services, mobile app, content, and our website.
“Content”- collectively refers to all the data that users upload, transmit, create, or generate on or while using our Services. This includes Member profile pictures, video, in-app text or chat, audio recordings, streamed contents, and or other content authored by a User.
“Creator” - means a User who setup their Subbed account to post Content on Subbed to be viewed by other Users.
“Fan” - means a User who follows a Creator or Category and is able to view the Content.
“Fan/Creator Transaction” - refers to any transaction between a Fan and Creator on Subbed which grants the User access to the Creator’s Content either by (i) an NFT access token, (i) a category NFT access token, (iii) payments by a Fan to view a creators pay-per-view content or (iv) content sent through chat“NFT” - nonfungible token (NFT) for the purposes of Subbed, refers to an access token to gain access to the platform for a specific Creator or Category.
“NFT Holder” - is a person who lawfully holds exclusive title to and ownership of an NFT, for so long as such person continues to hold such title to and ownership of such NFT.
"Category token" - A token which provides access to an entire vertical of content, for example adult content or sports content. Includes all creators within this vertical excluding exclusive content. Public sale of Category NFTs will be post Genesis launch and are minted on a first come first served basis.
"Creator token" - a NFT collection with specific access to content on a per creator basis, these tokens will include access to Exclusive content. The art-work will be unique to each creator and can be unique per NFT in the collection.
"Free token" - a limited access NFT that allows a User to see free tier content of each creator.
"Next Gen token(s)" - any/all Subbed NFT tokens that may be launched post Genesis launch.
"Exclusive content" - Content which can be accessed only by the purchase of a Creator token.
Legal Compliance
By using our Services, you agree to comply with all applicable local and international laws, statutes, ordinances, and regulations. We reserve the right to investigate reported violations of any of our operational Terms and to take necessary action we deem appropriate, including but not limited to canceling Services we render you, reporting any suspected illicit activity to law enforcement bodies, regulators, or other third parties.
CHANGE TO THESE TERMS
We reserve the right, at our sole discretion and without prior notice, to make additions, modifications, remove, or change portions/all these Terms at any time. Users will be notified about any changes through the website. In addition, Members will be notified through a message sent to their associated account e-mail.Changes will automatically be effective when posted unless we state otherwise. We urge Users to review the latest version of these Terms on this page any time they visit this website or make use of our Services. Your continued use of our Services without reading these Terms and their subsequent updates any time you use our Services means your acceptance of the latest version of these Terms.
In cases of disputes, the version of this Terms of Service at the time we receive your dispute notice will be applicable in resolving your dispute with us.
These Terms of Service and our Privacy Policy shall govern should any other policies of ours conflict with any provisions of these Terms and our Privacy Policy.
ACCOUNT REGISTRATION AND SECURITY
To use certain features of our Services, you will be required to register an account by providing us with certain identifiable personal information (such as your name, date of birth, e-mail address, in some cases, payment information, etc.) and choosing a secure password. All personal information provided is safe and secure. Kindly read our Privacy Policy to see how we use and secure your data.
All personal information you supply us must be accurate, complete, and promptly updated if there is any change, particularly your email address.
Your account is not transferable or assignable and is void where prohibited. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through your account whether authorized by you or not, including any payment. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that we cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
ELIGIBILITY
Who is eligible to use our Services: We are happy to have you use our Services, but our Services are limited to eligible Users.
- You are not permitted to use our Services if you are below the age of 18.
- You are not eligible to use our Services or a certain part of our Services if they are restricted in your jurisdiction. Using our Services in jurisdictions where they are restricted is at your sole risk, you are responsible for compliance with all local laws, rules, and regulations that may apply. Furthermore, we reserved the right to restrict your usage or impose additional eligibility requirements when necessary.You are prohibited from further use of our Services if you have been suspended or banned from our Services. -- - You can be eligible again if your suspension or ban is lifted at our sole discretion.
USING OUR SERVICES
Subbed provides you Services through our platforms while you provide the equipment (phones, computer, tablet, e.t.c) needed to access our Services. To use our Services, you will require to be a NFT Holder.
From time to time, and to provide you with a better experience, our Services will likely evolve through remote updates which you will be required to accept. We reserve the right to discontinue, temporarily or permanently terminate or suspend our Services or part of our Services at any time.
Deleting your Member account: You can delete your account at any time if you wish to stop using our Services. Upon deletion, you can further request that we delete your data in accordance with our Privacy Policy practice. Refunds or compensations do not apply to Members who willingly deleted their accounts unless otherwise required by law. Deleting your Member account does not delete the NFT, as the NFT can be resold. See Sale of NFTs.
OWNERSHIP; USER LIMITED LICENSE
Subbed and our related Services: All contents provided to you through our Services are owned and licensed to Subbed. Our contents and all associated Services are trademarked, copyrighted, patented, and have obtained worldwide intellectual property rights. All rights are reserved. Subbed, subject to your acceptance and abiding by these Terms grants you a limited license to use our Services. You agree not to use our Services in any way that will tarnish our good public reputation or bring us any liability. We reserve the right to terminate, ban, and seek further legal actions against you if you breach any of these Terms.
YOUR ATTEMPT TO DISRUPT, MANIPULATE, HIJACK, HACK OR INTERFERE WITH THE SERVICES OR OPERATIONS OF Subbed WILL BE CONSIDERED A BREACH OF OUR OPERATIONAL POLICY OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
Content of Users: Our Services permit Users to create, share, and post content which includes but is not limited to messages, photos, videos, audios, graphical works, etc. (All collectively referred to as "User Content")
The User retains all rights to their User content except for (a) any content from the Services that may be incorporated in your User Content, and (b) the license you grant below, as between you and Subbed.The User hereby grants a non-exclusive, unlimited, irrevocable, and perpetual license to Subbed to use the content freely, reproduce, prepare derivatives, distribute, use for marketing and promotions worldwide without any royalty owed to the User. To the extent permitted by law, the User waives all rights to future claims of the content, content authorship, or rights to limit the usage of the content by Subbed. This license will allow us, for example, to add stickers, text, and watermarks to your Content, to make your Content available to other Users of Subbed, as well as to use your Content for other normal operations of Subbed. We will never sell your Content to other platforms, though we may sell or transfer any license you grant to us in the Terms of Service in the event of a sale of our company or its assets to a third party.
To post, transmit, upload, or publish any content on our Services, you agree that such content is:
- Originally yours, not in violation of any third-party rights, or that you have obtained adequate right and license from the owner of the content before posting.
- Authentic and accurate.not in violation of any local, federal, or international law.not considered to be confidential.
- not prohibited or in violation of any section of our Terms of service.
- free of malicious codes, worms, spyware, trojans, viruses, ransomware, adware, etc.
All contents transmitted to and on our Service by a User are not considered to be confidential or proprietary once transmitted.
User license to Subbed ends upon data deletion request by the User. However, there are certain conditions and certain contents we may not be able to delete which are:
- User contents that are licensed to Subbed under different license terms and agreements.
- Contents a User shared with other Users which has been made public or have been stored privately.
We will take necessary steps to delete User Content from active use upon User request, this may include suppression of User content in our system. However, User Content may persist in our systems, including in backup copies. We may also retain copies of User Content if we reasonably believe it is legally required.
Comments transmitted within the public section of our Service (blogs, forums, comment sections, chats, etc.) may be copied and stored outside our Service by other Users. We do not guarantee the safety of such User contents or ideas that were posted publicly, we urge Users not to post confidential or sensitive information in the public section of our Service.
We won't be liable for any inappropriate use of your content that was copied from the public section of our Service by other Users.
You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on Subbed. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us when dealing with your Content to add watermarks, stickers or text to your Content.
We reserve the right at our sole discretion to delete User content that doesn't comply with our Terms and other applicable terms. If such User content infringes the intellectual property rights of a third party, we may disclose your identity to such third party upon their request. Furthermore, your identity may be disclosed at the request of law enforcement agencies, government bodies, or by a court of law.
SALE OF NFTs
EACH PERSON WHO SELLS, PURCHASES OR OTHERWISE POSSESSES AN NFT (AS DEFINED HEREIN) IS SUBJECT TO THE LICENSE THAT FOLLOWS AND, THEREBY, WITHOUT FURTHER ACTION, AGREES TO BE BOUND BY SUCH LICENSE.
The NFT Holder may sell, transfer, or assign all (but not less than all) of its right, title, and interest in and to its license to use a given NFT (a “Resale”) only by selling the associated NFT. Upon such Resale, all of the NFT Holder’s rights and interests in and to the NFT, including all of the NFT Holder’s rights and interests in and to the Personal Use Right in relation to such NFT, will be considered sold, transferred, or assigned, as the case may be, to the buyer, transferee, or assignee of such NFT including the license to resell the NFT (the “Resale Right”).
The NFT Holder may not delegate, sublicense, temporarily assign, mortgage, charge, or pledge the NFT Holder’s Personal Use Right, Resale Right, or NFT.
MONITORING USE OF SERVICES AND USER CONTENT
Subbed does not and is not obligated to monitor User content or conduct of Members using our Services. We do not endorse or approve content posted by Users so we cannot guarantee the accuracy or appropriateness of your User content. Users are responsible for the content they post, Subbed is not responsible for such content and won't be liable for any damage caused by such information, materials, products, or services offered by other Users through our Services. Using our Service is at your sole discretion, you understand you may be exposed to content that is offensive or Members with inappropriate behavior. If you encounter such offensive content or a Member violating our Terms or abusing our Services, Kindly let us know immediately by using the "Report" button or contact customer support.
While we are not obligated to monitor User contents, we may at our sole discretion, record, monitor, or store your communications with other Users For more information, see our Privacy Policy.
Without notice, we may choose to modify, reject, or completely delete any User Content we find inappropriate or to be against our Terms and may further limit or terminate a Member's account for posting content that is against or violates our Services.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of service, Users are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
YOUR INTERACTIONS WITH OTHER MEMBERS
Communications and interactions between Members are solely at the discretion of the Members involved, we do not interfere in such interactions unless during a dispute if we so desire. By communicating and interacting with other Members, you accept all liability you agree not to hold Subbed or anyone associated with Subbed responsible for any loss, claims, demands, damages, or compensations of any kind arising from your communication or interactions with another Member.
THIRD-PARTY ADVERTISING
We may feature advertisements from third-party companies through links on our mobile app or website, some of these third-party advertisements provide you promotional offers. Your decision to use those links is solely at your discretion, you agree to take full responsibility for your decision to use such third-party offers.
Our posting of third-party advertisements does not in any way constitute our affiliation, approval, or endorsement of such advertisements or their related offers. We do not have control of their business practices, the content posted on such sites, or the data they collect from you. Please endeavor to read their privacy policy page before making use of their services as they may or may not ask your permission before collecting that information.
You agree not you hold Subbed liable for any loss, harm, or damage arising from your decision to use such third-party advertisement links.
Our Privacy Policy explains what information we share with advertisers. Please read it.
COPYRIGHT NOTICES/COMPLAINTS
Subbed takes its intellectual property rights and that of others seriously and we require you to do so. We respond promptly to alleged copyright infringement notices in compliance with the US Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent other local laws that may apply. Subbed reserve the right to terminate the account of any Member that infringes the intellectual property rights of others (repeatedly) without notice.
FEEDBACK AND UNSOLICITED IDEAS
We may require you to leave us feedback on certain features through a customer insights program. Your decision to leave feedback is optional but we would like you to do so. If we require feedback from you through a program, your feedback is subject to the guidelines of the specific program.All feedback, information, or idea you send to us voluntarily is subject to our unsolicited ideas.
AVAILABILITY OF THE SERVICES; WARRANTY DISCLAIMER
Our Services may be temporarily unavailable from time to time for maintenance or other reasons. Subbed assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communication failure. We reserve the right to suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.
OUR SERVICES AND ALL CONTENT, MATERIALS, AND PRODUCTS ARE PROVIDED ON AN “AS IS" BASIS, WITH ALL "DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. Subbed DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY USE OF OUR PRODUCTS AND SERVICES. Subbed MAKES NO REPRESENTATION THAT THE SITE, OUR MOBILE APP, OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. Subbed MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED THROUGH OUR SERVICE IS APPLICABLE OR APPROPRIATE FOR USE IN YOUR STATE OR COUNTRY.
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU DO SO AT YOUR OWN RISK.
LIMITATIONS; WAIVER OF LIABILITY
IN NO EVENT WILL Subbed OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR SERVICES, CONTENT, OR ANY RELATED PRODUCT ACCESSED THROUGH OUR SERVICES, EVEN IF Subbed HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Subbed’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO $200.
GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed by the laws of Australia.
SEPARATION OF TERMS
Each of the paragraphs of these Terms operates separately. If any part of these Terms is not enforceable, the rest of these Terms still apply and are binding, and any unenforceable term will be substituted with a term that comes as economically close to the unlawful or unenforceable term as possible.
ASSIGNMENT
We reserve the right to assign our rights and obligations under these Terms to a different party or entity at any time without your consent. Users are not allowed to assign their rights or obligations under these Terms to any party without obtaining prior written consent from Subbed, any attempt to do so without our consent is void.
ENTIRE AGREEMENT
These Terms, and any other policies or rules we reference in these Terms, make up the entire agreement between you and Subbed relating to the subject matter of these Terms and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us.
LANGUAGE OF THE TERMS
Any translated version of these Terms of service is for informational use only. The translated version may not fully represent our position as it could mean something different from the English version. The English version remains the authentic version of these Terms.
NO WAIVER
Our non-enforcement of our rights under these Terms at any time does not mean we waived the right to do so in the future. And, if we do expressly waive a provision of these Terms, that does not mean we have waived it in perpetuity. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.
NOTICES
Notices will be sent to your e-mail or through other means of communication depending on the contact information we have on file.All notices from Users must be in writing and addressed to [email protected] unless we stipulate another specific means of sending us notices.
OTHER CONDITIONS PART OF YOUR AGREEMENT WITH US
These Terms of Use for all Users govern your agreement with us. Certain other terms or policies forming part of the Terms of Service will also apply to you and form part of your agreement with us, as follows:
a) Acceptable User Policy - which applies to all Users outlining what they can and can’t do on platform
b) Complaints Policy - which sets out the precede for making a complaint regarding breaches of the Acceptable User Policy
c) Privacy Policy - which applies to all Users and describes how personal data is used and collected
d) Cookie Policy - outlines the use of cookies on Subbed
If there is any conflict between these Terms of Use for all Users and any of the terms or policies above, the Terms of Use for all Users will apply.
CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at [email protected]