Niteclub — Terms of Use & End-User License Agreement

LAST UPDATED: 7 OCTOBER 2000 26

1. Introduction

Welcome to Niteclub (“App”), operated by Nachtclub LC (“Company,” “we,” “us,” or “our”). By downloading, creating an account, or using the App, you (“User,” “you,” “your”) agree to these Terms of Use and this End-User License Agreement (“Agreement”). If you do not agree, you may not use the App. We notify you of material changes and obtain acceptance where required. Updated creator revenue-share terms require separate recorded acceptance before participation under the new version.

2. Eligibility & Account Registration

You must be 18 years or older to use Niteclub.
Registration requires a valid email. Multiple accounts per person are prohibited.
You are responsible for maintaining the security of your device and any session or auth tokens.
If we detect suspicious activity, we may suspend or revoke your access at our sole discretion.

3. Individual Accounts Only (No Business/Brand/News/Moodboard)

Niteclub accounts are for individual persons only. Business, organization, publication, brand, “moodboard,” or promotional accounts are not permitted. An individual creator’s approved theme sales and authorized music sharing are permitted under the specific rules below.
Content primarily intended for commercial advertising, newsroom distribution, or brand promotion must not be posted from individual accounts. We may remove such content and suspend the account.

4. License to Use the App (EULA)

We grant you a personal, limited, non-transferable, non-exclusive license to install and use the App on a Apple-branded devices that you own or control, as permitted by the applicable App Store Usage Rules.
You license the App—you do not own the App or its code.
You may not reverse-engineer, copy, redistribute, automate usage (bots/scripts), sell/share credentials, or circumvent security.
We may terminate your license at any time if you violate these Terms.

5. User-Generated Content (UGC)

Niteclub lets you post text, images, videos, links, stories, music, and themes (“Content”).

Ownership: You retain ownership of your Content, subject to any rights held by others. You must own or hold the permissions needed for every contribution.
License To Us: By posting Content, you grant us a worldwide, royalty-free, sublicensable, transferable license to host, store, reproduce, modify, distribute, display, and moderate your Content solely to operate, promote, and improve the App. The more specific theme license and departure rules in Section 19 govern creator themes; music and Radio use are governed by Section 18.
Feedback: Submitting ideas/suggestions grants us an unrestricted right to use/implement them without compensation or obligation.
Music & Copyright: If you upload music or other copyrighted works, you must own or have the necessary licenses. We comply with the DMCA and remove infringing material upon valid notice. You are fully liable for copyright violations involving your uploads.
We may remove or restrict Content at any time, with or without notice.

6. Code of Conduct

To keep Niteclub safe and inclusive, you agree not to post or engage in:

Harassment, bullying, doxxing, targeted abuse, hate speech, discrimination, or threats.
Rage-baiting, intentionally divisive posts, or illegal activity.
Spam, fake engagement, bot/automated posting, impersonation, or sharing stolen content.
Sexually explicit content depicting sex acts or genitals; any sexual content involving minors is forbidden.
Screenshots or downloads of other users’ content are prohibited. Attempting to bypass visibility or reporting systems is prohibited.

Reporting & Moderation: Users can report posts, stories, and accounts in-app. We review reports and may remove content, issue warnings, suspend accounts, or permanently ban users. We may escalate matters to authorities when required by law.

7. Stories & Ephemeral Content

Stories remain visible for 1 hour.
Screenshots and downloads of others’ stories or posts are prohibited.
We cannot guarantee permanent deletion—others may record content externally.

8. Membership, Purchases & Subscriptions

Membership is optional and provides the specific benefits displayed in the app at purchase. It does not automatically make you a creator, guarantee Radio placement, or include access to future physical venues or events. A paid membership is not required to buy a theme.

The current US offers are $29.99 per month and $9.99 per week. Weekly billing has a higher effective monthly cost. Apple’s localized price, billing period, and purchase confirmation control your purchase; prices and available offers may vary by storefront.
Subscriptions renew automatically for the selected period unless canceled through Apple before renewal. Manage or cancel in iPhone Settings > your name > Subscriptions. Cancellation normally leaves access active through the paid period, subject to refunds and applicable law.
Deleting your Niteclub account does not cancel an Apple subscription. Use Apple’s subscription controls separately. Restore eligible membership purchases through the app.
Digital theme purchases use Apple In-App Purchase at the price shown before confirmation. Apple handles billing and refund requests under its policies. Applicable consumer rights remain in effect.

Approved theme creators participate under Section 19. Music sharing does not itself create a right to royalties or creator-theme earnings. Future venues, events, advertising programs, and artist investment are ambitions, not included membership benefits or current payment commitments.

9. Privacy & Data

Our Privacy Policy explains account and social data, music and Radio activity, purchase records, creator verification and payout information, service providers, retention, and your choices. Optional profile location does not mean we collect precise GPS by default. We do not sell personal data. Creator identity and tax verification are separate from ordinary membership.

10. Enforcement & Account Suspension

We use an exponential suspension system:

1st offense → 3-day suspension
2nd offense → 9-day suspension
3rd offense → 27-day suspension
4th offense → 81-day suspension
Severe/repeat offenders may be permanently banned.

We may remove any account or content at any time, for any reason.

11. Copyright Reports & Takedowns

Report suspected infringement to CONTACT@NITECLUB.CO. Identify the copyrighted work and the specific Niteclub content or location, provide your contact information, a good-faith statement that the use is unauthorized, a statement under penalty of perjury that your notice is accurate and you are authorized to act, and your physical or electronic signature.

We review reports, restrict or remove infringing material where appropriate, notify affected contributors, and may terminate repeat infringers. We process valid notices and counter-notices under applicable law. A valid DMCA counter-notice may lead to restoration after the statutory 10–14 business-day period unless we receive notice of a court action. Reporting a theme does not itself establish that Apple refunded its purchase.

12. Apple & Third-Party Disclaimers

Apple is not responsible for Niteclub’s content, moderation, or support.
Payments/subscriptions/payouts are processed by Apple and Stripe under their terms.
You must comply with App Store rules when using Niteclub.

13. Warranties & Liability

The App is provided “as is” without warranties of any kind.
We are not liable for downtime, data loss, offensive or harmful user content, or third-party copyright/trademark violations.
Our maximum liability is limited to the amount you paid us in the last 12 months.

14. Indemnification

You agree to indemnify and hold harmless Nachtclub LC and its affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your Content or your use of the App in violation of these Terms or applicable law.

15. Dispute Resolution & Governing Law

These Terms are governed by the laws of Arizona, USA.
Disputes will be resolved by binding arbitration in Tucson, Arizona.
No class actions or consolidated claims are permitted.
Individual small-claims actions may be brought where permitted by law.

16. Termination

We may suspend or terminate your account at any time for violations or security risks.
Upon termination, access may cease and Content/data may be deleted subject to legal/operational needs.

17. Miscellaneous

Severability: If any provision is invalid, the rest remain in effect.
Amendments: We may update these Terms at any time. Continued use after changes means you accept the updated Terms.
Force Majeure: We are not liable for events beyond our reasonable control.

18. Music Uploads & Radio

You may upload music only if you own or have all necessary permissions for the recording, composition, artwork, samples, performances, and other included material. Uploading does not transfer ownership to Niteclub. Unlicensed, pirated, leaked, or otherwise infringing material is prohibited.

You grant Niteclub a non-exclusive, worldwide license to host, store, process, display, and stream your authorized uploads for the music features you use. Public Radio broadcasting requires the relevant rights confirmation and curator approval; an upload or membership does not guarantee selection. Additional negotiated artist support, paid licensing, or investment requires a separate agreement. Niteclub does not acquire an equity stake or unrelated music rights through these Terms.

Radio is a shared live broadcast. Playback may be unavailable, interrupted, or changed. Radio participation and chat follow our community rules. We may review, restrict, remove, or decline tracks and take action on copyright reports. Permission-based exposure does not promise payment, royalties, audience size, or placement.

19. Creator Terms & Payout Policy — Themes

The updated creator program is opt-in and remains subject to activation and verified payout readiness. Posting these policies does not open production payouts or replace a creator’s separate acceptance of the current agreement. Existing acceptances do not accept a new revenue-share version. An eligibility indicator or estimated balance is not a promise of sales or payable cash.

A. Eligibility & Submissions

You must be at least 18, have a verified Niteclub account, meet the 1,000-follower threshold when submitting each theme, complete supported identity, tax, and payout onboarding, accept the current creator agreement, and pass rights and content review. A later follower decline does not remove an already submitted or published theme. Admin exceptions may waive the follower threshold or publication quota; they do not waive adulthood, identity, tax, rights, or payout requirements.

At most one static image theme may be published per UTC calendar month. Publishing every month is optional. GIF and video themes are outside the initial program. Submission does not guarantee publication, placement, sales, promotion, or a release date. We may technically adapt assets for device display and moderate or reject unsafe, unlawful, infringing, deceptive, or otherwise prohibited themes.

The initial payout cohort is US tax persons with US USD bank accounts and verified provider onboarding. Additional countries and currencies require supported payout routes and completed tax review. Membership does not automatically confer creator eligibility.

B. Ownership, Buyer Access & Promotional License

You retain ownership of your original theme media and warrant that you hold every required copyright, trademark, privacy, publicity, and other permission. You grant Nachtclub LC a non-exclusive, worldwide license to host, copy, cache, resize, crop, re-encode, review, moderate, display, and deliver the theme and previews to operate the marketplace and support authorized purchases. Compensation for verified paid sales follows subsection C; promotional use does not create a separate fee.

The license includes Niteclub’s own promotional screenshots and advertising, with attribution wherever reasonably possible. When you leave the program, we stop new promotional uses and all running paid campaigns using your artwork immediately. Already-published safe, properly licensed posts and screenshots may remain; they may not be newly placed or reposted after departure. The license does not grant unrelated merchandise rights, third-party exploitation, or music rights.

Ending participation stops new publication and sales; the operational license continues only as necessary to support existing valid buyer access, prior permitted published promotions, moderation, and legal obligations. Creator deactivation alone does not revoke prior purchased or valid gifted access. Sale availability is separate from ownership: an announced limited sale window may close while existing access continues.

One purchase grants one Niteclub account personal, non-exclusive, non-transferable app-wide theme use. The buyer does not acquire copyright and may not extract, redistribute, resell, sublicense, or share the asset. We may stop sales, downloads, or continued use where distribution becomes unsafe, unlawful, or infringing. Removal is separate from an Apple refund.

C. Price & Exact Revenue Share

The intended US theme price point is $0.99. Apple’s localized price shown before purchase controls. Each sale’s recorded original customer price is the principal. Percentage allocations use that original principal, not a shrinking balance:

Apple’s actual applicable commission and the taxes or settlement adjustments shown in its final reports are reconciled separately.
A fixed 1% of principal is Niteclub’s infrastructure allocation. Niteclub retains it while RevenueCat is free and uses it toward infrastructure costs when charged. It is not a claim that RevenueCat charges 1% on every sale.
Niteclub retains an exact 10% of principal as its base share, without per-sale rounding.
While Apple actually charges 15% commission rather than 30%, Niteclub additionally retains 15% of principal as its program-benefit share. When Apple charges 30%, this additional share is zero. This is Niteclub revenue, not an Apple fee.
The creator receives the remainder of reconciled proceeds, subject to actual attributable payout fees, confirmed refunds, documented adjustments, and legally required withholding.

Illustration only: with a $0.99 principal and no tax, currency conversion, refund, or payout fee, a 15% Apple commission gives $0.1485 to Apple, $0.0099 to infrastructure, $0.099 to Niteclub’s base share, and $0.1485 to Niteclub’s program-benefit share, leaving $0.5841 for the creator. A 30% Apple commission with no program-benefit share also leaves $0.5841 under those assumptions. Final Apple reports determine actual reconciled proceeds.

Allocations retain exact fractional precision. Monthly USD amounts are aggregated, the final positive payable amount is rounded down to whole cents, and every fractional remainder or negative balance carries forward for that creator. No fractions are forfeited. Different currencies are kept separate. Niteclub-owned themes have no external creator beneficiary; Niteclub retains their reconciled net proceeds. The ownership and accepted policy recorded for each purchase govern that historical sale.

D. Payout Timing, Fees & Holds

Stripe Connect provides hosted onboarding and bank payouts. Earnings remain pending until Apple’s final report and corresponding deposit are reconciled. Release also requires available payout funds, a separately funded company refund reserve, completed creator checks, and reviewed monthly batch approval. Niteclub funds the reserve; it is not deducted from creator earnings. There is no automatic additional 30- or 60-day holding period.

Our operating target is to submit monthly payouts within five business days after matching Apple’s deposit and completing creator checks. Day 1 is the next eligible business day; the calendar uses America/Phoenix, Monday–Friday excluding applicable US bank/FedACH holidays, with a 17:00 day-5 target. This is a submission target, not a bank-arrival guarantee. A hold or likely missed target is communicated by the next business day with its reason and next review. Estimates, submitted transfers, provider-confirmed payouts, and confirmed bank receipt are distinct statuses.

Creators bear only unavoidable, actual provider-verified, individually attributable payout fees, clearly disclosed and itemized once. Niteclub pays shared provider/account overhead, tax-administration expenses, and additional platform infrastructure costs. Estimated fees determine whether a payout leaves a positive amount; they are not booked as actual charges. A fee already withheld from a release cannot also become a future offset. A separately advanced creator-approved attributable fee may offset later earnings once, with proof of company funding. Unknown or disputed fee sources hold the affected payout for review.

There is no arbitrary $50 or other fixed minimum payout. A balance rolls forward intact until the supported payout route leaves a positive net amount after estimated attributable fees. Initial settlement is USD only, without an FX or Instant Payout route. Failed or returned payouts remain owed subject to reconciliation, corrected account details, and verified funds; failure does not forfeit a balance.

E. Refunds, Adjustments & Taxes

Apple decides App Store refund requests. A confirmed refund revokes the refunded theme grant and reverses the matching creator allocation. If already paid, the adjustment offsets future earnings. Niteclub does not automatically debit a creator’s bank account. Rights, fraud, legal, tax, or reconciliation issues may hold affected payments; statement corrections must be documented.

You are responsible for taxes on your creator income and accurate certified tax information. Nachtclub LC retains its own reporting and withholding responsibilities; Apple’s customer-payment handling and Stripe onboarding do not discharge them. We or an approved secure provider may collect the appropriate tax forms, issue reports, or withhold amounts as required by law. Tax and payout configuration must be completed before live payment.

F. Statements, Disputes & Departure

Statements distinguish original principal, actual Apple commission/proceeds, infrastructure allocation, Niteclub shares, creator allocation, refunds, exact carried fractions, actual fees, and payout status. Report a statement or payout dispute to CONTACT@NITECLUB.CO within 90 days of the statement with supporting information, without limiting non-waivable legal rights. Either party may end creator participation. Valid accrued earnings remain owed subject to actual fees, adjustments, required withholding, and lawful holds; leaving does not forfeit carried fractions. Necessary ownership, prior buyer licenses, accounting, rights, and dispute provisions survive.

Changes to creator prices or shares apply prospectively under a newly disclosed, separately accepted version. They do not rewrite historical allocations or prior acceptances.

20. Contact

For any Terms, DMCA, or Creator queries: CONTACT@NITECLUB.CO • WEBSITE: HTTPS://NITECLUB.CO