Terms of Use

Effective Date: December 2, 2024

Acceptance of Terms.

The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the “Terms of Use”), which Terms of Use also incorporate the Intellectual Property Policy available at dubclub.live/copyright, the Acceptable Use and Content Moderation Policy, and all other operating rules, policies and procedures that may be published from time to time on the Site by Company, each of which is incorporated by reference into these Terms of Use and each of which may be updated by Company from time to time without prior notice to you. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Company from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

If you are using or opening an account on behalf of a company, entity or organization, publisher or other group (including, but not limited to, a recording label) (each an “Artist Entity”), then you represent and warrant that you: (i) are an authorized representative of that Artist Entity and any recording artists represented by such Artist Entity (a “Represented Artist”) with the authority to bind such Artist Entity or Represented Artist to these Terms of Use and (ii) agree to be bound by these Terms of Use on behalf of such Artist Entity and/or Represented Artist.

The Service is intended for use only by individuals who are at least 18 years old. You represent and warrant that if you are an individual, then you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

Modification of Terms of Use.

Company reserves the right, at its sole discretion, to modify or replace any of the terms in these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an e-mail. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes. Notwithstanding the preceding sentences of this section, no modifications to these Terms of Use will apply to any dispute between you and Company that arose prior to the date of such modification.

Privacy.

Your privacy is important to us. Please review our Privacy Policy (https://dubclub.live/data_privacy). It describes how we collect, use, and share information when you use the Site and Services that link to this Privacy Policy.

Rules and Conduct.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use and as is set out in our Acceptable Use and Content Moderation Policy. The Service (including, without limitation, any Content) is provided only for your own personal, non-commercial use (except with respect to individual recording artists, collections of recording artists, Artist Entities or Represented Artists (each, an “Artist”) selling their voice-acting part in an audiobook as authorized through the Service). You are responsible for all of your activity in connection with the Service. When you interact with our Site or the Service in any way, we require that you comply with our Acceptable Use and Content Moderation Policy. This covers all interactions any User may have on our Site and all Content submitted. The term “Content” includes, without limitation, any User Submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Company or its partners on or through the Service.

Registration.

You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you may be required to register with Company and select a password, e-mail address and screen name (“User ID”). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Company account. You shall not (i) select or use as a User ID or domain a name of another person with the intent to impersonate that person; (ii) use as a User ID or domain a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID or domain a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of, or cancel a User ID and domain in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Company password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Fees and Payments - Terms for Users.

dubclub.live enables users (the “User”) to purchase audiobooks containing Content from Artist through the Site, including digital Content made available via download (and, subject to the purchase of a download, streaming) through the Service and to preview such Content by way of streaming (“Digital Content”).

Each such purchase is a “Transaction”, each Transaction involving Digital Content is a “Digital Transaction”. Transactions under this Agreement are facilitated by Company in the name of dubclub.live and our third-party payment processors.

All sales of Digital Content are final (except where prohibited by law), unless otherwise determined by dbclub.live. If you do not receive the Digital Content or otherwise have an issue with the Digital Content delivered, please contact Company with your request and proof of payment, and we will work to resolve your issue. At dubclub’s sole discretion, you may be credited or refunded for the Digital Content. However, you understand and agree that dubclub.live is a platform generating and providing Digital Content, and the Digital Content is derived from files provided by the relevant Artist, and the relevant Artist is solely responsible for such files.

Your total price for each Transaction will include the price of the product plus any applicable tax. If a Transaction is subject to any type of sales tax, value added tax, goods and services tax, or similar indirect tax (collectively, “Sales Tax”), then you agree that we may charge you for those Sales Taxes and that you will pay all the fees and Sales Taxes you incur as applicable.

Content you purchase in a Transaction cannot be guaranteed to be available to you perpetually. For example, if we receive a notification of claimed infringement from a copyright owner or its agent with respect to specific Content, then we may be required by law to remove that Content from the Service and not make it available for future sale, and we may also have to deny continued access to anyone who previously purchased such Content. This means that you may lose access to purchased Content previously available to you through the Service.

If we are required by law to deny access through the Service to previously purchased Content, including by removing access to Content from a user’s personal collection through any mobile application, then Company will not provide the user who purchased that Content with a refund, except as required by applicable law. Users bear all risk from the denial of access to any Content purchased through the Service.

Because there is a possibility that we may be required to deny you access to previously purchased Content, we encourage you to promptly download any Content you purchase through the Site to your own devices so that you will retain control and possession of such Content even if we are required to remove the Content from the Service or the Artist chooses to remove that content from the Service.

You warrant that if you enter into a Transaction, then you shall be able to make full and immediate payment for the requested products or services.

Fees and Payments - Terms for Artists.

Artists may sell their voice-acting part to users through the Site, including, without limitation, the sale of Content including Digital Content in the form of audiobooks. For Digital Content, users will pay the purchase price and any applicable fees and taxes. Artists will receive the gross proceeds from these sales, minus the applicable Revenue Share, Publishing Share and any applicable Fees (the “Artist Payout”). The “Artist Payout” for audiobook voice-acting parts is based on the amount of dubbed text literals in relation to the overall book text literals. We together with book authors, license holders and publishers will set the prices for the audiobook products and services that are charged through Transactions (the “Prices”) through the Site, and we may change the Prices at our discretion. Notwithstanding the preceding sentence, Company may redistribute previously purchased copies of your products to users who have, in Company’s sole determination, received a corrupted copy of our product, an incorrect file format version of our product, an incomplete copy of our product, or suffered a loss of our product through hard drive failure, damage, theft or destruction, on a no-fee basis to the user (i.e., the user is not charged a new fee for the redistribution). Such redistribution may be effectuated by allowing a user to redownload a replacement copy themselves. A user that has a user account will also be permitted to redownload any previously purchased Content from an Artist. In the event of any of the foregoing redistributions, no additional payments shall be made to you for such redistributions.

In order to participate in certain types of Transactions, you may be required to open an account with a designated third-party payment processor, such as PayPal or Stripe, and you agree to be bound by the terms and conditions of such third-party payment processor for purposes of participating in the specified types of Transactions. In order to monetize products and services including your voice-acting part, you, as applicable (i) designate us as your agent for the sole and exclusive purpose of processing Transactions on your behalf; and (ii) authorize us and/or our designated third-party payment processor to collect payments for Transactions on your behalf.

Company shall be entitled to a share of the revenue received from Transactions (the “Revenue Share”), which shall be calculated on the gross revenue from Transactions, not including any Transactions for which we provide a refund.

In certain jurisdictions, tax regulations may require that we collect and/or report information about you, your payments and/or withhold taxes from payouts to you. Company will report any information to the relevant tax authority and you as required by law. Company may withhold any taxes, duties, charges or levies on payments to you as required by law. Company shall remit any such withheld taxes, duties, charges or levies to the appropriate tax authority. Under this agreement you are required to provide Company with any information necessary for Company to fulfill its tax information reporting and tax withholding obligations as required.

When you receive a payment for a Transaction, you may be liable to Company or the applicable third-party payment processor for the full Transaction amount, plus any Fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment sent by the sender, plus the applicable Fees if there is a chargeback, a dispute, or if there is a reversal of the payment. You agree to allow Company to recover any amounts due to Company by debiting your account or by instructing our third-party payment processors to direct such amounts to us. If there are insufficient funds to cover your liability, you agree to reimburse Company through other means.

Company retains the right, but does not have the obligation, to immediately halt the offering or sale of any goods or services, prevent or restrict access to the Site or the Services or take any other action in case of technical problems, objectionable material, inaccurate listings, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of Company, and to correct any inaccurate listing or technical problems on the Site. Company may immediately halt the offering or sale of any goods or services upon receipt of notifications of claimed infringement, upon acquiring knowledge of actual infringement, or becoming aware of facts or circumstances from which infringing material is apparent with respect to any goods or services.

We require that any Artist who is defined as a “trader” under UK or EU laws, identifies as such. If you fail to identify as a trader when you should do, you may be subject to penalties under the local laws of the country of the consumer you are selling to. Identifying as a trader will require you to provide us with certain information in order to verify your identity and will also require us to publish certain information about you to all consumers: including your name, address, email address and phone number. In addition, all traders are required to comply with UK and EU consumer laws including but not limited to operating a 14 day return policy for all physical products you sell to UK and EU consumers. If we refuse or suspend you from operating on our website (e.g. because we do not think you have provided us with all the information we need to set you up as a trader), you have a right to complain to us by submitting an email to info@dubclub.live. Your email will then be reviewed by our in-house counsel, and we will aim to reply to you within 8 weeks.

Third Party Site.

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Company’s control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Content and License.

You agree that the Service contains Content specifically provided by Company or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.

Company grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

Intellectual Property Rights – Artists.

The Service provides Artists with the ability to upload Digital Content owned or controlled by such Artists to the Site, including but not limited to sound recordings (“Sound Recordings”). Company will not have any ownership rights in any elements of an Artist’s Sound Recordings, however, Company needs the following license to perform the Service. Each Artist uploading Sound Recordings to the Service grants Company and its authorized sublicensees and distributors, if any, the worldwide, non-exclusive, royalty-free, right and license to: (i) reproduce, distribute, publicly perform (including on a through-to-the-audience basis and by means of a digital audio transmission), publicly display, create derivate works of, communicate to the public, synchronize and otherwise exploit (collectively, “Exploit”) (1) the Artist’s Sound Recordings and perform the Service on the Artist’s behalf (e.g., reproduce, transcode, copy and store the Artist’s Sound Recordings on computer servers owned and/or operated by or on behalf of Company or its authorized sublicensees and distributors, and publicly perform, transmit, synchronize, stream, distribute, and playback the Artist’s Sound Recordings) using any technologies or methodologies now known or hereafter developed, and (2) Exploit all associated copyrightable works or metadata, including, without limitation, song lyrics and musical notations and descriptive text (“Artworks”) in connection with the Service); (ii) allow users of the Service to receive public performances and public displays of the Artist’s Sound Recordings and to reproduce the Artist’s Sound Recordings on any and all devices owned or controlled by the user for non-commercial purposes and receive performances and displays of same; and (iii) reproduce, use, and publish, and to permit others to reproduce, use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of the Artist, in connection with the provision of the Service.

Notwithstanding the foregoing, Company will not use, and will not permit others to use, any Artist’s Sound Recordings to train models to generate sound recordings, videos synchronized with sound recordings or other audiovisual works, or musical works embodied within sound recordings and music videos, without that Artist’s express permission.

To enable Company to Exploit your Sound Recordings pursuant to the above provisions, you hereby grant to Company the worldwide, non-exclusive, royalty-free, sublicensable, and transferable right to use, distribute, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the “Trademarks”) solely in connection with the Service or in the marketing, promotion or advertising of the service, including in all forms of marketing, promotion, and advertising materials now known or hereafter created.

By uploading any Sound Recordings to the Site:

• you represent and warrant that the Sound Recordings are not AI-generated (save for explicit prior written consent by Company, given no rights infringement)
• you represent and warrant, and can demonstrate to Company’s full satisfaction upon request, that (i) you own or otherwise control all rights to your Sound Recordings and Artworks (or that such Sound Recordings and Artworks are in the public domain or have otherwise been directly licensed to the Artist in writing with a grant of rights sufficient to permit the Artist to enter into this Agreement and to grant all of the rights with respect to the Artist’s Sound Recordings or Artworks as set forth in this Agreement (hereinafter “Direct Licensed”); (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any Sound Recordings you upload to the Service and to the Artworks; (iii) you have permission to use the name and likeness of each identifiable individual person whose name or likeness is contained or used within the Sound Recordings and/or Artworks, and to use such individual’s identifying or personal information (to the extent such information is used or contained in the Sound Recordings and/or Artworks) as contemplated by these Terms of Use, and (iv) you are authorized to grant all of the aforementioned rights to the Sound Recordings and/or Artworks to Company and all users of the Service.
• you represent and warrant that the use or other exploitation of your Sound Recordings and/or Artworks by Company and its authorized sublicensees and distributors and/or by users of the Site as contemplated by this Agreement will not infringe or violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
• you represent and warrant that, to the extent that you identify a songwriter or songwriters of Sound Recordings that you upload to the Site as NOT being affiliated with a PRO, MRO or CMO that no fees or payments of any kind whatsoever shall be due from Company to any PRO, MRO, CMO or music publisher for the public performance, communication to the public or mechanical reproduction of your Sound Recordings.
• you represent and warrant that no fees of any kind shall be due from Company to any third party (save for a relevant authorized publishing entity), including, but not limited to, any union, guild, non-featured vocalist or musician, engineer or producer, for the use or re-use of your Sound Recordings as authorized under this Agreement. For clarity, you represent that no fees of any kind shall be due from Company to any third party with respect to Transactions in the United States including to any MRO or other authorized publishing entity.

Intellectual Property Rights - Users.

The Service provides users with the ability to add, create, upload, submit, distribute or post (“Submitting” or “Submission”) content, ratings, written comments, data, text, photographs, graphics, or other information to the Site (collectively, the “User Submissions”). By Submitting User Submissions on the Site or otherwise through the Service, you:

• acknowledge that by Submitting any User Submission to the Site, you are publishing that User Submission, and that you may be identified publicly by your User ID in association with any such User Submission;
• by Submitting any User Submissions through the Site or the Service, you hereby grant Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, publicly display, publicly perform (including on a through-to-the-audience basis and by means of a digital audio transmission), communicate to the public, synchronize and otherwise fully exploit the User Submissions in connection with the Site, the Service and Company’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites), whether now known or hereafter developed. You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce (on any and all devices owned or controlled by the user), distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to Company does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
• represent and warrant, and can demonstrate to Company’s full satisfaction upon request that you (i) own or otherwise control all rights to all content in your User Submissions, or that the content in such User Submissions is in the public domain or Direct Licensed, (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by these Terms of Use and to grant the licensed rights set forth above, (iii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information as contemplated by these Terms of Use; and (iv) you are authorized to grant all of the aforementioned rights to the User Submissions to Company and all users of the Service;
• you agree to pay all royalties and other amounts owed to any person or entity, including any PROs, due to your Submission of any User Submissions to the Service;
• that the use or other exploitation of such User Submissions by Company and use or other exploitation by users of the Site and Service as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and
• understand that Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information Submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content; and that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

Company does not endorse and has no control over any User Submission. Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk, and you will be solely responsible for any damage or loss to any party resulting therefrom.

Termination.

Company may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership, including, without limitation, any access to any Audiobooks you may have purchased through the Service. If you wish to terminate your account, then you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable, except as provided in this Agreement. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer.

Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.

Electronic Communications Privacy Act Notice (18 U.S.C. §§ 2701-2711): Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. Company will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Indemnification

You shall defend, indemnify, and hold harmless Company and its affiliates, authorized sublicensees and distributors, and each of their employees, contractors, directors, suppliers and representatives, from any and all liabilities, claims, and expenses, including reasonable attorneys’ fees and court costs, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, and for breach of any of your representations and warranties in these Terms of Use. For the avoidance of doubt, you hereby agree to defend, indemnify, and hold harmless Company from any and all claims by a third party owning, controlling or claiming any right in or to your Sound Recordings or Audiobooks, including claims for performance royalties, synchronization royalties, mechanical royalties, and use or re-use fees (save for claims by collecting societies or authorized publishing entities in circumstances where you have accurately provided such affiliation information to Company in advance of sale). Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses at your sole expense.

Limitation of Liability.

International/Non-Delaware Use.

Other than its requirements to comply with the EU’s Digital Services Act, Company makes no representation that the Content is appropriate or available for use in locations outside of Delaware, and accessing the Service is prohibited from territories where such Content is illegal. Save in respect of users based in the EU, if you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Dispute Resolution.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Company agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Delaware, using the English language in accordance with the Arbitration Rules and Procedures of Alternative Dispute Resolution Services (“ADR”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of ADR arbitrators in accordance with the Arbitration Rules and Procedures of ADRs. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Dover, DE. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

Integration and Severability.

These Terms of Use are the entire agreement between you and Company with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Site. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous.

Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. The captions and headings in this Agreement are intended only for convenience, and will in no event be construed to define, limit or describe the scope or intent of this Agreement, or of any provision of this Agreement, nor in any way affect the interpretation of this Agreement.

Contact.

You may contact Company by directing inquiries to our support team.

Sanctions.

You represent that you are not subject to any export sanctions or other trade restrictions, whether due to being included on the sanctions list maintained by the U.S. Office of Foreign Assets Control, or other governmental bodies in the United States or European Union, individually, being a member of an organization on that list, or being a resident of a country that is sanctioned by the United States or European Union. In case of user being subject to sanctions, Company may, at its discretion (and without limiting any other rights or remedies Company may have hereunder, at law or in equity), (i) deduct and accrue the Publishing Share from the gross revenue from Digital Transactions related to such user, (ii) remove any or all Sound Recordings uploaded by such Artist from the Service, and/or (iii) terminate access to all or any part of the Service for such user.

Responsible Disclosure.

The security of our applications and the data we are responsible for protecting is important to us, and we are grateful for any information you can share with us about how we can further improve it.

Safe Harbor: If you submit a vulnerability report to us, in compliance with all of the terms in these Terms of Use, we will not pursue civil action or initialize a complaint to law enforcement against you for accessing our systems without authorization in order to identify that vulnerability.

In accordance with coordinated vulnerability disclosure (“CVD”, “responsible disclosure”), you agree to notify our Company immediately and without further delay about identified vulnerabilities, security breaches, data privacy violations and comparable instances threatening the regular and lawful operation of our Service. To protect sensitive data, you encrypt your message using our PGP public key below.

You are obliged to not disclose this information to 3rd parties, unless required by law or given Company's explicit prior written consent. Furthermore, you represent that you have not at any time accessed personal data of our customers or users found on our systems, and that, in the event that you inadvertently acquired any, you have securely deleted that data. You represent that you have not, and covenant that you will not, misuse any data extracted from our environment for any fraudulent, malicious, defamatory, abusive, threatening, unlawful or otherwise improper purpose. By submitting information relating to a vulnerability, you grant us a perpetual, worldwide, royalty-free, fully paid-up license to use and disclose any information you submit, including any proofs of concept, patches, improvements, suggestions, code samples or any other information, in connection with the vulnerability to analyze, remediate or improve our systems and networks, incorporate it into our products or services, and to conduct further testing, or for any other legitimate business purpose. We do not grant you any intellectual property rights to any image, information, writing, invention, code or other creation in connection with these Terms of Use.

On behalf of ourselves and our users and customers, thank you again for helping us improve our cybersecurity.

Regulatory Disclosure Requirement - Monthly Active Users in the EU.

The estimated average monthly active recipients in the European Union of dubclub.live for the past six months was 10.

Change log.

December 1, 2024: Initial Terms Of Service

Encrypted Messages.

Please use our PGP key posted in the collapsible element below if sending an encrypted message.
Show PGP public key

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