Terms of service

Welcome to Klubaro. We want you to know and understand your rights and our rights with respect to the provision of the Services (as defined below). Please read them carefully.

The Klubaro websites, mobile applications and related services (collectively, the “Services”) are made available to you by Agoraz whose registered office is located at 22 rue de la Digue, 6000 Charleroi, Belgium, subject to these Terms of Service (the “Terms”) and in accordance with Klubaro’s Privacy Policy (the “Privacy Policy”). More information about the Services is available at https://klubaro.com/fr. You agree to abide by these Terms and any additional terms Klubaro may provide to you in connection with the Services will form part of the Terms. BY ACCESSING, USING, OR DOWNLOADING INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR CONSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “REGISTER” OR ANY SIMILAR MECHANISM, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. This agreement is written in French. To the extent that a translated version of the Terms conflicts with the French version, the French version shall prevail.

If you are accessing or using the Services on behalf of a business or other entity, you represent that you have the authority to bind such entity and its affiliates to these Terms and that such entity is fully bound by these Terms. In this case, “you” means such entity and its affiliates. If you do not have such authority, you may not access or use the Services. These Terms contain disclaimers and limitations of liability that may apply to you.

The Klubaro Services cannot be provided and the agreement described in these Terms of Service cannot be performed without Klubaro processing data about you, your club and your members. The processing of the data you provide to Klubaro is essential to the services we provide and is a necessary part of our performance of our agreement with you.

Dispute Resolution Notice: These Terms contain provisions that govern how disputes between Klubaro and you will be resolved, including an arbitration agreement that, except if you are a resident of the European Union, with limited exceptions, requires you to submit your claims against us to binding and final arbitration and limits your claims against Klubaro individually, unless you opt out of this obligation according to the instructions below.

The Services are intended only for persons who are at least 13 years of age or such other age as may be required in your jurisdiction to use the Services. If you are not of legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agrees to these Terms on your behalf.

You must register to use the Services. You agree to: (a) provide true, accurate, current and complete information about you (“Club Data”); and (b) maintain and update your Club Data. You agree that Klubaro may use your Club Data to provide the Services that you access or use and as set forth in these Terms. If you provide Club Data that is inaccurate or out of date, or Klubaro has reasonable grounds to suspect that such Club Data is inaccurate or out of date, Klubaro has the right to suspend or terminate your account and refuse any and all current or future use of the Services. In consideration of your use of the Services, you represent and warrant that you are not a person barred from receiving Services under the laws of any applicable jurisdiction.

You must register to use the Services. You agree to: (a) provide true, accurate, current and complete information about you (“Club Data”); and (b) maintain and update your Club Data. You agree that Klubaro may use your Club Data to provide the Services that you access or use and as set forth in these Terms. If you provide Club Data that is inaccurate or out of date, or Klubaro has reasonable grounds to suspect that such Club Data is inaccurate or out of date, Klubaro has the right to suspend or terminate your account and refuse any and all current or future use of the Services. In consideration of your use of the Services, you represent and warrant that you are not a person barred from receiving Services under the laws of any applicable jurisdiction.

In order to pay the Fee, you must select and provide information regarding your preferred payment method (e.g., credit card, online payment service, third party such as iTunes or Google Play, or any other payment method made available by Klubaro) (the “Payment Method”). When you provide your Payment Information, you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your Payment Information. You may change your Payment Method or update your information through your Account. If you paid through the Google Play Store or iTunes, you can change your payment method by accessing your account on that store. Klubaro will not issue refunds or credits except as provided in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from the use of your payment method for the Services, please contact us immediately at support@klubaro.com/fr.

In order to access certain features of the Services, you may be required to pay a subscription fee. Subscription fees, including any applicable taxes, may be paid on a monthly or annual basis. All subscription fees are payable in advance. For Clubs changing from monthly to annual membership, the annual rates will be effective on the next billing date. You agree to pay all subscription fees and other charges incurred in connection with the use of your Klubaro account, whether on a one-time or recurring basis. Klubaro reserves the right to increase subscription fees and related taxes or introduce new fees at any time with reasonable notice.

Subscription fees are automatically billed at the beginning of the monthly or yearly period, as applicable. These fees will automatically renew until your subscription is downgraded or terminated. Your subscription fees will be the same as your initial fees, unless you are notified otherwise in advance. You may cancel your subscription at any time as described below.

If you reside outside of the United States, you have the right to change your mind and receive a full refund within fourteen (14) days (the “Cancellation Period”), provided that you have not logged in or otherwise exchanged or begun using the Services as a Klubaro subscriber during the Cancellation Period.

If you are registered on Klubaro.be, you can cancel your subscription by going to your “Account” page. If you are registered with the Google Play Store or the iTunes Store, you can cancel your subscription by downgrading it through the relevant store. Subscription cancellations are effective at the end of your current billing cycle. If your subscription expires, your account will remain a free subscription. You may renew your subscription at any time without opening a new account, although the subscription fee may have increased in the meantime. You may cancel your account at any time.

You own the information, data, text, software, sound, photographs, graphics, video, messages, tags, or other material that you upload to the Services (“Content”), post publicly, transmit privately, or submit through a third-party API (e.g., a photo submitted through Instagram). You grant us a worldwide, non-exclusive, transferable, sub-licensable, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, broadcast and publicly display any Content and any name, user-name or likeness that you post on or in connection with the Services in all media formats and channels now known or hereafter developed, without compensation to you. This license will terminate if you delete your Content or your account.

You understand that you, and not Klubaro, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through the Services. Klubaro does not normally review or monitor the Content posted by others on the Services and therefore cannot guarantee the accuracy, integrity or quality of such Content. Klubaro may, in its sole discretion, filter, monitor, hide, refuse or remove any Content, or remove any Content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Klubaro be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including where such risks depend on the accuracy, completeness or usefulness of such Content.

You authorize us to use your name and profile picture, as well as information about your activities and actions, including your use of third party products, services or devices, in advertisements, offers and other commercial contexts on the Klubaro service, without compensation to you. For example, we may display to your Klubaro subscribers that you are using a particular device, product or service available from a brand that has paid us to display its ads on Klubaro. You can adjust the settings to prevent your name and profile picture from appearing in the advertisement.

We expect you to abide by Klubaro’s community standards. The Services are for your personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any portion of the Services, use of the Services or access to the Content for any commercial purpose. You may not use the Services to engage in, or assist or encourage another party to engage in, any of the following prohibited activities :

• Copy, frame or reproduce any portion of the Services;
• Access services to monitor availability, performance, or functionality;
• Allow any third party to access the Services;
• Use, copy, modify, create derivative works from, reverse engineer, decompile, or otherwise attempt to extract the source code of the software underlying the Services, or any part thereof, except as expressly permitted or required by law, and in any event without prior written notice to Klubaro;
• Publish, transmit, distribute or store any content, media, information or data that: (1) is unlawful, obscene, libelous, defamatory, threatening, harassing, abusive, hateful or promotes violence; (2) is harmful or interferes with the Services or any third party networks, equipment, applications, services or web sites (e.g., viruses, worms, Trojan horses, etc.); (3) infringes upon, weakens, appropriates or otherwise violates the privacy, publicity, rights or property of any person or entity, including, but not limited to, any copyright, trademark or other proprietary right of any other person or entity. ); (3) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights, including but not limited to copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (4) is fraudulent or contains false, misleading or deceptive statements, claims or representations (such as “phishing”);
• Attempt to disrupt, degrade, limit or violate the integrity or security of the Services or any other party’s computers, services, accounts or networks (including, without limitation, “hacking”, “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security, such as scans, surveys or other tests or vulnerability assessments, or engage in or permit network or hosting activities that result in the blacklisting or other blocking of the Services. Klubaro shall not be liable for any damages whatsoever (including, without limitation, any damages resulting from loss of use, data, or profits, whether in contract, negligence, or other tortuous action, arising out of or in connection with the use or performance of the Services), including without limitation, any damages whatsoever resulting from loss of use, data, or profits, whether in contract, negligence, or other tortuous action, arising out of or in connection with the use or performance of the Services;
• Avoid paying any taxes or fees that you may be required to pay with respect to the Services;
• Committing an act that may harm minors ;
• Distribute or disclose any portion of the Services in any medium, including, without limitation, through automated or non-automated “data replication”;
• Use any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” or the like, to access the Services in a manner that sends more requests to Klubaro than could reasonably be made by a human using a conventional web browser in the same period of time;
• Take any action that, in our sole discretion, imposes or may impose an unreasonable or disproportionately large load on our infrastructure;
• Collect or harvest information about an identified or identifiable individual, including account names and information about users of the Services, from the Services;
• Use the Services for inappropriate commercial solicitations;
• Access any content on the Services through any technology or means other than those provided or authorized by the Services;
• Provide any personally identifiable information to the Services or Klubaro, except as necessary to set up and operate your account;
• Submit any information to the Services or Klubaro that may be protected from disclosure by applicable law;
• Circumvent any measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict the use or copying of any Content or that restrict the use of the Services or their Content;
• Violate any applicable law, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
• Remove any copyright, trademark or other proprietary rights notices contained in or on the Services; or
• Perform any form of network monitoring or use any network analyzer, packet sniffer, or other technology to intercept, decode, extract, or display any packets used to communicate between servers of the Service or any data not intended for you.

You have a limited, non-exclusive right to create a hypertext link to the Services for non-commercial use only, provided that such link does not portray Klubaro or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided that the linked site does not contain any pornographic, illegal, abusive, harassing or otherwise objectionable material. You also have the right to implement RSS feeds located on the Services for your personal, non-commercial use, solely in the manner described on the Services. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.

You understand that you are responsible for any charges associated with sending communications through your Device. You hereby acknowledge that you have the right to communicate with your contacts through the Services.

You represent and warrant that: (i) you have the right to establish your account, whether as an individual or on behalf of an organization; (ii) you own or have the right to grant the rights and licenses set forth in these Terms of Use with respect to the Content that you post on or through the Services; (iii) the posting and use of your Content on or through the Services does not, will not, and will not infringe the rights of any third party, including, without limitation, rights of privacy and data protection, rights of publicity, copyrights, trademarks and/or other intellectual property rights; and (iv) you agree to pay all royalties, fees and other amounts due as a result of any Content you post on or through the Services.

If you create a Club on Klubaro, you are responsible for ensuring that your Club: (a) complies with these Terms of Service; (b) does not claim or imply any affiliation with Klubaro through the use of Klubaro’s intellectual property or otherwise; (c) has the right to use or publish any Club, third party or other content, including the right to use names, logos, images, trademarks, trade dress, service marks, copyrights or other intellectual property; and (d) does not use the Club to advertise or promote contests, sports betting or the like. Club administrators agree to indemnify and hold Klubaro harmless from and against any and all claims arising out of your Club, including, without limitation, claims for infringement of intellectual property rights.

The Services may provide you with the ability to send messages to your Members and/or to Klubaro. You agree to use the communication methods available on the Services only to send communications and materials related to the subject matter for which Klubaro has provided you with the communication method, and you further agree that all such communications from you will become part of your Content and will be governed by the Terms and applicable law (including laws governing direct marketing communications, if any). By using the communication methods available on the Services, you agree that (a) all communication methods are public, not private, means of communication between you and other third parties, (b) communications exchanged with third party service providers, advertisers or other third parties are not sponsored or endorsed by KlubOnline, sponsored or endorsed by Klubaro (except as expressly provided by Klubaro), and (c) Communications are not generally pre-screened or post-screened, filtered, archived or otherwise controlled by Klubaro, although Klubaro reserves the right to do so at any time in its sole discretion. You agree that all notices, disclosures and other communications that we provide to you electronically shall have the same legal effect as if they had been provided in writing.

You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or by Klubaro or third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, the Software, or the Content available on the Services (other than Content you may submit), in whole or in part.

Klubaro grants you a personal, revocable, non-transferable, non-exclusive, non-sublicenseable right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code, sell, assign, sublicense, grant a security interest in or transfer any right in the Services, except as permitted by law. You agree not to access the Services by any means other than through the interfaces provided by Klubaro.

The term Klubaro, the Klubaro logo and other Klubaro logos and product and service names are the exclusive trademarks and property of Klubaro, and you may not use or display these marks in any manner without the prior written permission of Klubaro. Third party trademarks or service marks displayed on the Services are the property of their respective owners.

Klubaro reserves all rights not expressly granted herein.

The Digital Millennium Copyright Act provides a remedy for copyright owners who believe that content appearing on the Internet infringes their rights under European copyright law. Klubaro also investigates claims of trademark infringement. If you believe in good faith that content hosted by Klubaro infringes your copyright or trademark rights, you (or your agent) may send us a notice requesting that we remove or disable the content. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark that is allegedly infringed (or, if multiple copyrighted works or trademarks appearing on the Services are covered by a single notification, a representative list of said works); (c) identification of the content that is claimed to be infringing or to be the subject of infringing activity, and information sufficient to permit Klubaro to locate the content on the Services; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the Content in the manner described is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please note that Klubaro will not respond to complaints that do not meet these requirements. If Klubaro determines that content alleged to infringe your copyright or trademark does not warrant removal, Klubaro will remove the content only upon receipt of a court order declaring the content or use of the content to be unlawful.

If you believe in good faith that a notice of copyright infringement has been filed against you in error, the law allows you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of the court having jurisdiction over your address, or, if your address is located outside of Belgium, over any judicial district in which Klubaro is located, and that you will accept service of process from the person who filed the original complaint; and (e) a physical or electronic signature (e. g., “e.g., your full name).

Agent receiving notices of alleged violation :

Klubaro Copyright Agent
22 rue de la Digue
6000 Charleroi
BELGIUM
admin@klubaro.com/fr

We welcome your comments, feedback, suggestions and other communications regarding the Services and the information and services we make available to you through the Services (collectively, “Feedback”). If you submit Comments, you hereby grant Klubaro a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works from, publicly display, perform and otherwise exploit such Comments and to use, manufacture, have manufactured, sell, offer for sale, import and export products and services based on such Comments. For this reason, we ask that you do not send Klubaro any Feedback that you do not wish to license to us as set forth above.

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY OF ANY KIND. Klubaro AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES CONCERNING SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Klubaro AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT WARRANT THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

YOU EXPRESSLY AGREE THAT Klubaro SHALL NOT BE RESPONSIBLE FOR THE CONTROL, SUPERVISION, PREPARATION OR CONDUCT OF ANY RACE, COMPETITION, CHALLENGE OR GROUP ACTIVITY THAT USE THE SERVICES, INCLUDING EVENTS ORGANIZED BY A CLUB ADMINISTRATOR.

YOU EXPRESSLY AGREE TO RELEASE Klubaro, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY FOR YOUR SPORTS ACTIVITIES AND/OR USE OF THE Klubaro WEB SITES, APPLICATIONS, CONTENT, SERVICES OR MOBILE PRODUCTS AND AGREE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES OR LOSSES RELATED TO SUCH USE. YOU FURTHER AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF ANY EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY Klubaro IN CONNECTION WITH SPORTS ACTIVITIES, (c) YOUR ACTIVITIES WITH THIRD PARTY SUPPLIERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, OR (d) ANY DELAY OR INABILITY TO USE THE SERVICES, OR (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Klubaro HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Klubaro DOES NOT WARRANT YOUR CONTENT OR THE CONTENT OF ANY OTHER CLUB AND DISCLAIMS ANY LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSES OF ANY KIND BASED ON OR RESULTING FROM ANY CONTENT ON THE SERVICES.

THE COMPANY’S AGGREGATE TOTAL LIABILITY TO YOU UNDER THESE CONDITIONS SHALL NOT EXCEED THE LOWER OF (a) FIFTY DOLLARS ($50) OR (b) THE AMOUNT OF FEES PAID BY YOU TO Klubaro DURING THE 12 MONTHS PRIOR TO THE DATE OF THE COMPLAINT.

IF YOU ARE A CONSUMER RESIDING IN THE EUROPEAN UNION, YOU HAVE LEGAL REMEDIES IF WE CAUSE YOU DAMAGE BY BREACHING OR FAILING TO COMPLY WITH OUR LEGAL OBLIGATIONS OR BY OUR NEGLIGENCE, AND THESE TERMS DO NOT AFFECT THOSE LEGAL REMEDIES.

You agree to indemnify and hold Klubaro, and its subsidiaries, affiliates, agents, representatives, employees, partners and licensors, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your activities while connected to the Service (including, without limitation, sporting activities in connection with contests, races, group runs or events that Klubaro sponsors, organizes or in which Klubaro participates), (including, without limitation, sporting activities in connection with contests, races, group runs or other events that Klubaro sponsors, organizes or participates in), your connection to Klubaro’s services, your violation of the Terms of Service, your violation of any privacy or data protection laws, or your violation of the rights of any other person or entity. Your rights with respect to Klubaro are not affected by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our services, do not permit it.

The parties further agree that any arbitration shall be conducted solely on an individual basis and not as a class action or other representative proceeding. If a court or arbitrator determines that the class action waiver set forth in this section is invalid or unenforceable for any reason, or that arbitration may be conducted on a class basis, then the arbitration provision shall be deemed null and void in its entirety and the parties shall be deemed not to have agreed to arbitrate the dispute.

Notwithstanding the parties’ election to resolve all disputes by arbitration, either party may also seek relief in small claims court for any dispute or claim that is within that court’s jurisdiction.

You agree that any claim you may have arising out of or relating to your relationship with Klubaro and these Terms must be filed within one year after the claim arose, otherwise your claim will be permanently barred. This provision does not apply if you are a resident of the European Union, in which case the statute of limitations shall be determined in accordance with the law applicable to European users as set forth below.

Any action relating to the Terms, the Content, the Services and your relationship with Klubaro shall be governed by and construed in accordance with the laws of the State of Belgium, without regard to its conflict of laws principles and, in particular, SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF ANY. Subject to the section entitled “Dispute Resolution”, the parties irrevocably agree to bring any action to enforce this Agreement in the courts of Belgium, and you consent to the exclusive jurisdiction of the Belgian courts. If either party brings an action against the other party for declaratory or non-declaratory relief arising out of these Terms, the prevailing party shall be entitled to recover from the other party, in addition to all court costs and disbursements, an amount determined by the court to be reasonable attorneys’ fees. Except to the extent permitted by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This paragraph does not apply to users residing in the European Union.

If you are a user based in the European Union, Irish law will apply to these Terms and the Irish courts will have exclusive jurisdiction over any dispute arising in connection with these Terms. Notwithstanding the foregoing, the local laws of your member state of the European Union may allow you to sue Klubaro in your member state and to invoke certain local laws against Klubaro.

These services are controlled by Klubaro from its offices in Belgium. Klubaro makes no representation that the Content or Services are appropriate or available for use in other locations. Access to or use of the Content or Services from territories where such access or use is illegal is prohibited. Those who choose to access the Services from locations outside Belgium do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of Belgian export laws and regulations.

You agree that Klubaro may immediately suspend or terminate your account and/or access to the Services under certain serious circumstances and without prior notice. Cause for such suspension or termination may include, but is not limited to, (a) violations of the Terms of Service or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletion), (d) a material interruption or modification of the Services (or any part thereof), (e) unexpected technical or security problems, (f) extended periods of inactivity and/or (g) non-payment of fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings contained in the Services, (y) deletion of information, files and content associated with your account, and (z) prohibition of any further use of the Services. You further agree that any suspension or termination for cause shall be at Klubaro’s sole discretion and that Klubaro shall not be liable to you or any third party for any suspension or termination of your account or access to the Services. The following sections shall survive the termination of your account and/or the Terms: Content and Conduct, Clubs, Proprietary Rights, Your Comments, Disclaimer of Warranties, Indemnification, Choice of Law and Jurisdiction, and General.

You agree that no joint venture, partnership, joint control, employment, or agency relationship exists between you and Klubaro as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between Klubaro and you with respect to your use of the Services. The failure of Klubaro to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without Klubaro’s prior written consent. Klubaro shall have the right, at its sole discretion, to transfer or assign any or all of its rights under these Terms and shall have the right to delegate or use third party subcontractors to perform its obligations under these Terms and in connection with the Services. Notices from Klubaro by email, postal mail or notices, postings or links on the Services shall constitute acceptable notices under the Terms. A printed version of the Terms and of any notice provided in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and section headings in the Terms are for convenience only and have no legal or contractual effect. All rights not expressly granted herein are reserved.

Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on specific pages of the Services. Klubaro reserves the right to update the Terms at any time and for any reason in its sole discretion. Klubaro will notify you of any material changes to the Terms, a Service or any other feature of the Services. By continuing to access or use the Services after we have notified you of a change, you agree to be bound by the modified Terms. If the modified Terms are unacceptable to you, your sole remedy is to discontinue using the Services.

Klubaro and its third party service providers may make improvements and/or changes to the Services, products, services, mobile applications, features, programs and prices described at any time and for any reason in our sole discretion. You agree that Klubaro shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.

If you have any questions about the Services or these Terms, please contact us at support@klubaro.com.