THE CLUB GATE PAID SERVICE - TERMS OF SERVICE
Effective as of June 2014
The Club Gate allows you to access certain premium features or content in exchange for a one-time or recurring fee, as applicable to the relevant features or content (collectively, each a “Paid Service” and collectively the "Paid Services"). The Paid Services include The Club Gate live feed, purchases, paid channel subscriptions, feature-based subscriptions and other The Club Gate services which may be offered by The Club Gate in the future. Your transactions and any other use of the Paid Services are subject to these The Club Gate Paid Service Terms of Service ("Paid Service Terms").
1. Your Acceptance
By using a Paid Service, you signify your agreement to (1) these Paid Service Terms; and (2) The Club Gate\'s Terms of Service, Privacy Notice and Community Guidelines applicable to your geographic location, and all other terms and conditions that generally apply to The Club Gate website. We’ll refer to these documents together as the “Terms”. Please read the Terms carefully. If you do not understand the Terms, or do not accept any part of them, then you may not use the Paid Services.
Each time you place an order for a Paid Service (including when you order individual subscriptions or items of content), you enter into a separate contract for services on these Terms. When you complete a purchase, you signify that you wish to enter into a binding contract for the provision of the applicable Paid Services.
2. Payment, Refund and Cancellation Policy
Payment: The Club Gate accepts payment via the current payment method indicated prior to purchase, which may include a valid form of credit card, paypal and any other form of payment that we make available to you from time to time. You must have a valid accepted form of payment on file in order to purchase Paid Services or participate in free trial offers or other free offers related to the Paid Services. You agree to abide by any relevant Terms of Service or other legal agreement, whether with The Club Gate, The Club Gate or a third party, that governs your use of a given payment processing method. Prices for any Paid Service may change at any time, and The Club Gate does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Paid Service that you order. The Club Gate will charge your credit card or other form of payment for the price listed on the relevant Paid Service offer, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations. If you purchase any automatically renewing subscriptions, you agree that The Club Gate will charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you on the next billing period, The Club Gate reserves the right to immediately revoke your access to any Paid Service you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, The Club Gate may cancel your subscription.
Taxes: If The Club Gate is required to collect or pay any taxes in connection with your purchase of a Paid Service, such taxes will be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of a Paid Service. Such taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.
Refunds: You can cancel your purchase and receive a refund as long as you have not commenced using the relevant Paid Service ordered and you make your request no later than 7 working days after your order is completed. Please note that if your order includes a free trial (as described below), the 7 day period for requesting a refund begins at the beginning of the free trial, not when you are subsequently billed for the Paid Service. Requestsfor refunds must be directed to info@theclubgate.com. We reserve the right to approve or deny refund requests after 7 working days at our sole discretion, except where the Paid Service is defective. In the event a refund is issued after 7 days for any subscription Paid Service, you may be issued a partial refund that is pro-rated for the remaining time left on the subscription. If you receive a refund for any reason, The Club Gate reserves the right to terminate your access to the relevant Paid Service purchased.
Subscription Cancellations: If you purchase a subscription to a Paid Service that automatically renews, you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period. You will retain access to the Paid Service from the time you cancel until the start of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period.
Free Trials: The Club Gate may offer free trials to new Paid Service subscribers. If you purchase a subscription to a Paid Service that includes a free trial, you will receive free access to such Paid Service for the duration of the free trial period. At the end of the applicable free trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the free trial period.
Pre-Orders: The Club Gate may offer the ability to pre-order certain items of content available within the Paid Services. When you place a pre-order for an item of content, unless otherwise noted at the time of purchase, your transaction will be completed and your credit card will be charged on the date when the relevant item of content is made available to you. You can cancel your pre-order at any time up to the point at which the relevant item of content becomes available. In some cases, The Club Gate may need to cancel a pre-order you have placed, in which case we will notify you.
3. Accessing Paid Services.
Device and Usage Requirements. Certain types of Paid Services may require you to use a device that meets the system and compatibility requirements for such Paid Service, which may change from time to time. For further information on supported devices and technical requirements, email us at info@theclubgate.com.
Additionally, your use of the Paid Services is subject to the "The Club Gate Paid Service Usage Rules"(link), which describe how you may access or use the different types of Paid Services on The Club Gate (e.g., applicable viewing periods and device limitations).
Geographic Restrictions. The Paid Services, and certain content available within the Paid Services, are currently available only in some countries. You agree that you will not present any false, inaccurate or misleading information in an effort to misrepresent yourself as a resident of a supported country, and you will not attempt to circumvent any restrictions on access to or availability of the Paid Services or content available within the Paid Services.
Other The Club Gate Paid Services. You may receive access to other The Club Gate subscription products or purchases as part of a transaction for certain The Club Gate Paid Services (e.g., by purchasing music on The Club Gate). Additionally, you may receive access to certain The Club Gate Paid Services as part of a purchase of, or subscription to, other The Club Gate products. Your use of any The Club Gate Paid Service is governed solely by these Paid Service Terms, and not the terms of any other The Club Gate product, including any other The Club Gate product through which you receive access to a The Club Gate Paid Service.
4. License
Your use of the Paid Services must be only for personal, non-commercial use. You agree not to use any Paid Service, in whole or in part in connection with any public presentation even if no fee is charged (except where such use would not constitute a copyright infringement). You are receiving a non-exclusive license to access the Paid Service and all rights, title and interest in the Paid Services (including any content offered through the Paid Services) not expressly granted to you in these Terms are reserved by The Club Gate and its licensors. If The Club Gate reasonably determines that you violated any of the terms and conditions of the Paid Service Terms, your rights under this Section 4 will immediately terminate and The Club Gate may terminate your access to the Paid Service and/or your The Club Gate account without notice and without refund to you.
5. Restrictions
When you use the Paid Service, you may not (or attempt to):
6. Changes
Changes or Discontinuation of Paid Services. The Club Gate reserves the right to change the availability of Paid Services. In addition, we reserve the right to modify, suspend, or discontinue any Paid Service with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension, or termination. However, this will not affect your ability to request a refund as described above.
Removal or Unavailability of Content. In certain cases, content available within a Paid Service may become unavailable due to restrictions from our partners who license us such content or other legal or policy reasons. The Club Gate will have no liability to you for any such unavailability. If The Club Gate chooses to issue you a refund or replacement, the refund or replacement of your purchase price shall be your sole remedy.
Changes to the Paid Service Terms. We reserve the right to change Paid Service Terms from time to time. If the Paid Service Terms change, you will have the opportunity to review the new terms when you next purchase any Paid Service. By completing the purchase, you signify your agreement to the new Paid Service Terms, and further, that they will apply to your use of the Service as a whole (including any Paid Service you have purchased in the past) and all subsequent purchases (until the Paid Service Terms change again). If you refuse to accept the updated Paid Service Terms then you may not buy any additional Paid Services and the latest version of the Paid Service Terms that you accepted will continue to apply to your use of previously purchased Paid Services.
7. Other Terms
You acknowledge and agree that your transaction for the Paid Service is with The Club Gate LLC.