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Niteclub — Terms of Use & End-User License Agreement

LAST UPDATED: 24 AUGUST 2000 25

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. Continued use after updates means you automatically accept any revised Terms.

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.
  • 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 single device that you own or control.
  • 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 own the rights to your Content.
  • 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.
  • 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. Monetization & Subscriptions

A. Subscription Features

  • Niteclub is free; premium subscribers may unlock: multi-media/video posts, longer text posts, extended usage, profile customization, link sharing, music tools, and admin messaging access.
  • Subscription: $29.99/month via Apple In-App Purchase.

B. Creator Payouts & Themes

  • Creators with 10,000+ followers may sell digital themes.
  • Revenue (subject to change): Apple 30%, Niteclub 10%, RevenueCat 1%, Stripe fees at payout; the remainder is paid to creators via Stripe.
  • Creators are responsible for rights to submitted images/designs. We may remove infringing themes.

C. Other Paid Items (If Offered)

  • We may offer invites or physical/digital merchandise (e.g., membership cards) from time to time.
  • Except where required by law, purchases are non-refundable.

9. Privacy & Data

  • We collect email, username, basic profile data, follower graphs, and usage data necessary to operate the App.
  • Location data is optional.
  • We do not sell personal data to third parties. See our Privacy Policy for details.

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. DMCA & Copyright Claims

If you believe your copyrighted material has been used without permission, contact our DMCA agent:
EMAIL: CONTACT@NITECLUB.CO

Valid notices are processed within 7 days.

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 Upload & Copyright Policy

A. Uploader Responsibilities

  • You own the music OR have all necessary licenses/permissions; uploads do not infringe third-party rights.
  • You are fully responsible for legal/financial claims arising from unauthorized uploads.

B. Forbidden Uploads

  • Unlicensed music, unauthorized samples, pirated/leaked recordings, or otherwise unlawful content.

C. License To Niteclub

  • By uploading, you grant a worldwide, non-exclusive, royalty-free license to host, store, stream, distribute, display, promote, and moderate your tracks in the App. Ownership remains with you.

D. DMCA & Counter-Notice

  • Send claims to CONTACT@NITECLUB.CO with required DMCA details (work, location, authority statement, signature).
  • On valid notice we remove/restrict content, notify the uploader, and may withhold payouts; valid counter-notices may restore content unless the claimant files suit within 10 business days.

E. Monetization & Enforcement

  • Copyright-flagged tracks may have payouts withheld until resolved; we are not liable for lost earnings.
  • Suspension ladder for violations: 3 / 9 / 27 days → permanent ban for repeat/egregious cases.

F. Apple Compliance & Liability

  • Users are responsible for rights; Apple is not responsible for moderation, refunds, or disputes.
  • Nachtclub LC does not verify ownership and is not liable for royalty/dispute claims.

19. Creator Terms & Payout Policy (Themes)

A. Eligibility

  • 18+; ≥10,000 followers (subject to change); connected Stripe account; accurate tax/payment info.

B. Submissions & Rights

  • Submit original themes only; you must own all rights (images/artwork/logos/designs).
  • You grant us a worldwide, royalty-free, sublicensable license to host, display, distribute, sell, and promote your themes in the App. We may reject/remove/modify themes at any time.

C. Pricing, Revenue & Payouts

  • Sold via Apple IAP. Typical distribution: Apple 30%, Niteclub 10%, RevenueCat 1%, Stripe fees at payout; remainder to creator via Stripe.
  • Minimum payout threshold: $50 USD after fees; balances roll over. Timelines depend on Apple/Stripe.

D. Refunds & Chargebacks

  • Refunds handled by Apple per App Store policy; refunded amounts may be deducted from future payouts.

E. Prohibited Content

  • No infringement, stolen assets, explicit content, illegal activity, hate/harassment, deceptive functionality, or undisclosed/unlicensed AI art.

F. Taxes, DMCA & Termination

  • Creators handle all taxes; we may issue required forms.
  • DMCA claims: CONTACT@NITECLUB.CO (include ownership proof and links); typical processing within 7 business days.
  • We may suspend/terminate for violations, repeated copyright complaints, fraudulent content, or payout manipulation; pending payouts may be withheld.

G. Disclaimers & Limits

  • Creator Program is “as is” and may change; not liable for App Store policy changes, Apple/Stripe delays, or claims from your content. Remedy limited to unpaid earnings owed at termination time.

20. Contact

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