Terms of Service

Terms of use

These are RoosterClubs’ terms of use, and they apply to all users of the RoosterClubs platform. “We,” “our” or “us” refers to RoosterClubs Inc. and our subsidiaries. “RoosterClubs” refers to this platform and the services offered by us. By using RoosterClubs you agree to these terms and to the other policies we post. Please read them carefully and let us know if you have any questions. For information about our data practices, please see our Privacy Policy, which includes our Cookie Policy. We can collect and use your information in accordance with those policies.

When you create an account you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes. To create an account you must be at least 13 years old. To join a creator’s membership as a subscriber, or provide a membership as a creator, you must be at least 18 years old or have your parent’s permission. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us immediately if you believe your account is compromised.

You are responsible for all activity on your account. If you violate our policies we may terminate your account. Don’t do anything illegal, abusive towards others, or that abuses our site in a technical way. If you are a creator raising funds on RoosterClubs, we may be held accountable for what you do with those funds. As a result, we also look at what you do with your membership off our platform

Creators

Membership

To become a creator, simply launch your page to start your membership. When you join RoosterClubs, you become part of the RoosterClubs community. You can use creator tools that RoosterClubs provides, showcase your creations, and receive recurring revenue from your page. Memberships are for your most passionate fans. On RoosterClubs, you can provide your subscribers something exciting that gives them unique benefits they want, like additional access. In turn, you will receive loyal support from your fans, and recurring revenue from memberships that fans have purchased from RoosterClubs.

Payments

As a creator you make your membership available on RoosterClubs, and we provide membership to your fans on a subscription basis. We also handle payments issues such as fraud, chargebacks and resolution of payments disputes. We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We may also block or hold payments for violations of our policies or for compliance reasons, including collecting tax reporting information. When payments are delayed or blocked we try to communicate the reason to you promptly. If you have questions about a payments block, please email us at info@roosterclubs.com. In order to protect creators, we may block fans’ payments if we believe them to be fraudulent. Sometimes activities like refunds can put your account balance into the negative. If your balance becomes negative then we reserve the right to recover those funds from future payments.

18+ Content

Content that is suitable for audiences only 18+ years old is prohibited on RoosterClubs. If content is reported as being suitable for only an 18+ community then the content will be removed and/or the creator may be banned from RoosterClubs. To report content that you believe meets this criteria, please email info@roosterclubs.com.

Fees

As a creator there are two fees associated with your membership on RoosterClubs. The first is the platform fee, which is 7% and the second is the payment processing fee, which is 3.4% plus $0.30 per successful transaction.

Depending on your fans’ locations, some banks may charge your fan a foreign transaction fee for their membership subscription. RoosterClubs does not control this charge, but it is typically around 3.0% .

Tax

We collect tax identification information and report this to tax authorities as legally required. You are responsible for reporting any income or withholding taxes which may be due as a result of payments received. We are additionally responsible for a number of transactional taxes in the US. These include but are not limited to state sales tax as a result of ‘marketplace laws’ within the United States. For the purpose of electronically-supplied services, creators make a supply of those services to us, and then we supply them to the fan. Applicable tax will not be taken from a subscription payment, but rather will be charged in addition to the subscription payment. Once settled, the tax amount will be automatically deducted for remittance to the applicable taxing authority. As a creator on our site, it is your responsibility to provide accurate information when you are answering questions related to tax.

Restrictions

We don’t allow creations and benefits that violate our policies. The rules are that we don’t allow:

If your fans include people under the age of 18, then please remind them that they need permission to join your membership, and those under the age of 13 cannot use RoosterClubs. We are not required to allow any particular person or group of persons to be your fan.

As a creator you are also responsible for keeping fan data safe. An account is tied to your creative output and cannot be sold or transferred for use by another creator.

Fans

As a fan, you’re joining RoosterClubs to be part of an exciting movement to support a creator’s membership while you get special benefits, which may include access to your creator and engaging experiences with the creator and fan community. In exchange, you pay RoosterClubs for membership programs, on a subscription basis, to access and support creators you like.

The timing and amount of each membership subscription depends on the type of membership agreement you enter into, and the creator you support. You can see the details as you join, as well as in the receipt sent to you after each successful payment.

To become a fan, simply create an account, add your preferred payment method, and join a membership program on RoosterClubs to start supporting your favorite creator(s)! There is one type of membership subscription, which is a monthly subscription where you pay per month. Your options will be presented to you in the payment flow.

You may cancel your membership payments at any time. Terminating your membership will go into effect in the subsequent (not current) payment term. For monthly payments, canceling your support may result in your loss of access to a creator’s fan-only posts and benefits. These include when you cancel your membership subscription, your payment method fails, the creator blocks you, or the creator deletes their account. We are not required to allow you to be a fan of any particular creator.

Creators’ memberships vary and we have limited control over the quality and specific offerings. We attempt to screen for fraudulent creator pages, but cannot guarantee the identity of creators or the validity of any claims they make. We appreciate your help reporting suspicious creator pages so we can keep RoosterClubs safe.

If you are located in the jurisdiction in which RoosterClubs is required to charge and collect tax (e.g. VAT or, sales tax), then this tax is added to the total charge. Except in limited circumstances, this tax is shown when you set up the initial membership subscription. RoosterClubs remits all tax collected to the applicable taxing authority. As tax is largely dependent on your location, you are responsible for keeping your address complete and up to date.

Depending on your location, some banks may charge you a foreign transaction fee for your membership subscription. RoosterClubs does not control this charge, but it is typically around 3%. Please contact your bank for more information. Refunds. Our policy is No Refunds, though we will allow for some exceptions where refunds are granted in our sole discretion.

Rooster Clubs’ role

We proactively look at some pages and posts on RoosterClubs to make sure creators follow our community guidelines as listed above. We also investigate reports of potential violations. These investigations may take a while to resolve and may include looking at what is supported by funds received through RoosterClubs.

In most situations we will work with creators to resolve any potential violations and allow the creator to continue using RoosterClubs. Terminating accounts is not an action we take lightly and is done in only the most extreme cases. RoosterClubs reserves the right to remove a creator or fan from participating in memberships. Removal of the creator or fan from participation in memberships will prohibit the creator from accepting new payments, and prohibit the fan from making new payments, but will not result in an automatic removal of the creator or fan from the platform, unless there is an independent basis for their removal from the platform. Please let us know if you see potential violations of our community guidelines.

We are constantly testing out new features with the goal of making RoosterClubs better. We may add or remove features, and often test features with a random subset of our community. If we believe a feature is significantly different from these terms, then we explain those differences in the test.

With your permission, we may give other websites or services the ability to verify information about your RoosterClubs account or perform actions on your behalf.

This permission is asked for when you connect your RoosterClubs account to these other websites or services. You can learn more in our Privacy Policy.

Account deletion

You can permanently delete your account at any time by emailingaccounts@roosterclubs.com Upon request you can also see what information is deleted and what we continue to store after the account is deleted. We can terminate or suspend your account at any time at our discretion. We can also cancel any membership subscriptions and remove any descriptions, posts or benefits at our discretion. You may not bring a claim against us for suspending or terminating another person’s account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys fees and costs. These terms remain in effect even if you no longer have an account.

Your creations

You keep full ownership of all creations that you offer on RoosterClubs, but we need licenses from you to operate RoosterClubs effectively. By posting creations on RoosterClubs you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your creation. The purpose of this license is strictly limited to allow us to provide and promote memberships to your fans. We will never try to steal your creations or use them in an exploitative way. You may not post creations that infringe others’ intellectual property or proprietary rights. We may ask you for consent verification for collaborators depicted in content funded through RoosterClubs. Fans may not use creations posted by creators in any way not authorized by the creator.

RoosterClubs’ creations

Our creations are protected by copyright, trademark and trade secret laws. Some examples of our creations are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your RoosterClubs page. You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our creations unless we give you permission in writing. Please ask if you have any questions by emailing info@roosterclubs.com.

Indemnity

You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of RoosterClubs. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will help us in our defense. Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

Warranty disclaimer

RoosterClubs is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law. The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third party service providers.

Limit of liability

To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of RoosterClubs. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of RoosterClubs. We are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements. For this clause “we” and “our” is defined to include our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

Dispute resolution

We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or in relation to your use of RoosterClubs, then the dispute will be resolved in the federal or state courts located in Delaware. Both parties consent to the exclusive jurisdiction and venue of the Delaware courts for the purpose of resolving any such dispute. Delaware law, excluding its conflict of law provisions, governs these terms, all other RoosterClubs policies, and any dispute that arises between you and RoosterClubs.

Everything else

These terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future. We may sometimes make changes to these terms and policies. If we make material changes that adversely affect your rights, then we will let you know before the changes come into effect. Continuing to use RoosterClubs after a change means you accept the new terms or policies. These terms are an agreement with RoosterClubs Inc. If you use accessibility tools and have questions or concerns, please contact us ataccessibility@RoosterClubs.com.

Effective immediately for users on RoosterClubs from January 28th, 2022.