Preamble
Please, read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement in its entirety, as well as to Privacy Policy and Refund Policy, then you must not proceed with the further site exploration or interaction and immediately leave the website and/or abandon the use of any related services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
These Terms of Service apply to all Users of the site, including but not limited to, users who are visitors, guests, customers, and/or subscribers.
By accessing this site, viewing any content within this site, registering with the service, and/or contacting us in relation to this site, you acknowledge that you have read, understood and accepted these Terms of Service in its entirety.
Violation of the terms may lead to suspension, lock, or removal of related user accounts.
Governing Law
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the United States of America.
General Statements
This website is operated by Clopician, an individual. Throughout the site, the terms "we", "us" and "our" refer to Clopician as an entity. The terms "Service", "Platform", "this site" refer to this website as a platform and the services offered by us.
The term "integration platform" refers to the third-party service (Patreon or SubscribeStar) through which you subscribe to Clopician and log in to Clop.Cloud. This platform handles your subscription payments and authentication.
Clopician is a sole seller and a provider of all services and tools offered on the Platform, unless stated otherwise. We offer this website, including all information, tools, and services available from this site to you, the user ("User", "Subscriber", "Star", "Content Provider", "Referral Associate"), conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By accessing or using any part of the site (clop.cloud) and/or purchasing something from us (i.e., subscriptions), you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms of Use", "Terms and Conditions", "Terms"), including those additional terms and conditions and policies referenced herein.
Any new features or tools which are added to this site shall also be subject to the Terms of Service.
We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. It is your responsibility to check this page periodically for changes.
18 U.S.C. § 2257 Statement
All sexually explicit images and video are created with 2D and 3D art & animation software, and do not involve the use of real life male or female models. Since Clop.Cloud does not use real life performers, the Platform is exempt from 18 U.S.C. 2257 Record-Keeping Requirements.
If you have questions or concerns, please contact [email protected] for more information.
Service Terms
We reserve the right to refuse service to anyone for any reason at any time.
By agreeing to these Terms of Service, you confirm that you are at least 18 years old. To be registered as a User of this site - as a Subscriber - and be able to pay for subscriptions, you must be at least 18 years old.
You may not use our Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
By agreeing to these Terms of Service you also agree to all rules and regulations that are imposed on our Service by the integration provider you have chosen (Patreon or SubscribeStar,) the third parties involved in the payment processing, content hosting, operational support, and any other services and activities that are essential for this Service's operations.
A breach or violation of any of the Terms will result in suspension and possible consequent termination of your Services.
We reserve the right to pause or withdraw our support efforts for the Users who are, during the communications with us, did the following:
- Expressed a disrespectful, offensive, rude, vulgar, or other ill-mannered attitudes toward the Service or its members;
- Used curse words in communication with the Support Team;
- Shared conversation between the User and the Support Team by any means (e.g., screenshot, quotation) with any third parties without prior consent from the Service;
- Spread out false or misleading information about the Service, its staff, or its policies by any means (e.g., forums, chats, Discord, etc.).
Affiliations
We, as a Service, do not affiliate ourselves with any political party, tribe, caste, clan, or society.
Any attempt to skew, alter, bias, or gravitate our opinions or business decisions toward any political party, congregation, ideology, dogma, or a single idea, expressed and/or shared individually or by a group, will be disregarded.
Payments and Disputes
All inquiries concerning payments should be submitted to our integration providers (Patreon, SubscribeStar.)
In case when you, as a Subscriber having issues or concerns in regard to provided Services, we encourage you to contact us directly prior to initiating any related discussion online elsewhere.
By agreeing to these Terms, you are waiving your right to trial by jury or to participate in a class action or representative proceeding. We, as a Service, are also waiving these rights.
For further information, refer to the "Limitation of Liability" and "Indemnity" chapters.
Prohibited Uses
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
In addition to other prohibitions as set forth in the "Profile and Account Termination" chapter, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
Any account that is in any way related to the prohibited activities within the Platform or elsewhere will be immediately and permanently banned from the Platform and may be reported to the appropriate organizations. All inbound and outbound transactions will be halted, and no refunds will be issued for these accounts upon such a ban.
Content
All content that is posted on this Service belongs to its original owners.
We are not responsible if information (i.e., content) made available on this site is not accurate, incomplete, or not current.
Our Service doesn't guarantee that the quality of the content or its frequency will satisfy any subscriber or fulfill any expectations, no matter how high or how low they are.
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
All information, content, and materials available on this Platform do not constitute legal, tax, accounting, investment, business, marketing, or other professional advice. Users should consult their professional advisors before acting on the information found on this website.
You understand that any content published on this Service (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. The User agrees that it is his/her responsibility to monitor changes to our site.
Prohibited Content
We may, but have no obligation, to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, inappropriate or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
Any posts, comments, narrations, news or discussion materials that include - in any shape or form - hatred toward any social or ethnic group, calls for violence or oppression, racial or gender defamation, and/or targets a person or a group by disability, nationality (including citizenship), race, religion, sexual orientation, or skin color will not be published on our platform.
Our policy is to review and resolve all reported content complaints within seven (7) business days. In the event there is evidence of illegal content, it will be removed immediately, and the Acquirer(s) will be notified of the event.
Creating, promoting and supporting our Platform for the sole purpose of portraying a single person, group, or organization in a negative way, degrading their existent or imaginable values, and/or diminishing their presence, ideas, beliefs, appearance, expression, and/or actions in any way is strictly forbidden on this platform.
You may not use a false e-mail address, name/nickname, or brand, or pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any content on this Platform.
Profile and Account Termination
You can delete your profile and account at any time, by submitting a request to [email protected].
We can terminate or suspend your account/profile at any time at our discretion. We can also cancel any pledges and remove any content at our sole discretion with or without prior warning and/or explanation. However, in absolute majority of cases, we will contact you prior to the account/profile suspension/termination.
Depending on the severity of the violation, we may implement various restrictive measures, ranging from temporarily hiding posts or collections from your view, to permanently removing the account or profile from our platform.
The former action can be reversed if the violation is resolved within 72 hours. However, the latter action is reserved for severe violations and is final, with no option for reversal or further dispute.
Some measures are applied automatically and may not trigger an instant notification or warning.
If you believe this might be the case with your account or profile, please contact us before making any public statements about your assumption. However, first ensure that your account and profile fully comply with our Terms of Service, Privacy Policy, and Prohibited Content Guidelines.
The reasons for account suspension or termination including, but not limited to, as follows:
If a Subscriber's actions or inactions result in a chargeback initiated against one of our integration providers (Patreon, SubscribeStar,) we may decide to end our relationship with that Subscriber, with or without prior notice. We kindly ask all Subscribers to contact us before calling your bank regarding any concerns related to the subscription payments.
Illegal Activities. This Service is governed by the laws of the United States of America. Anything that is considered "illegal" by the US law is illegal for use within our platform and will be removed/terminated.
Bullying. Any form of abuse, persecution, harassment, attacking, or bullying - within this platform or outside with the use of the platform or its parts - will lead to account suspension and investigation, which may result in subsequent profile/account termination.
Private Information Abuse. Any usage (e.g., sharing, storing, selling) any private information, that became available to the User via this Platform, including, but not limited to, e-mail or home addresses, personal name, and any other data that can be considered "sensitive" or "private", is strictly prohibited.
Content Sharing. Sharing somebody else's content, that User got access to on this Platform, outside of this Platform without explicit permission from the original content owner is strictly prohibited. We will act upon reports of stolen, illegally shared, re-sold or otherwise misused content originated on this Platform.
Miscellaneous Sharing. Deliberate sharing of any encrypted, private, or other data related to the Service's operations, including but not limited to tokens, cookies, codes, passwords, as well as an unauthorized share of the correspondence between Service and its Users without explicit and direct permission from the Service, will lead to an immediate and permanent ban from the Platform.
Fraud. Publishing, endorsing, or selling any fraudulent or misleading information or transmitting any digital substance or a code of a destructive nature on this Platform will lead to investigation and potential permanent termination of the account with a report to the appropriate authorities. While this Service has no intentions to follow, curate, investigate, check up on or make and extensive research on vast information published on the Platform, we will take actions in case the investigation - for one or another reason - is initiated.
Impersonation. Presenting yourself as somebody else, especially well known and famous, leads to instant and permanent termination of the account, upon discovery.
Harm to this Service. Any unfriendly, offensive, obscene, derogatory, degrading remarks, public messages, comments or posts - within this Platform or elsewhere - that aim to offend, slander or attack our good name and reputation, or otherwise bring harm to this Service, the operating Individual or its staff, members or partners, will lead to instant and permanent termination of the account, most likely followed by the legal actions against the perpetrator(s).
Misleading information. Any misleading information about the Service posted, reposted, or shared anywhere will cause instant and permanent termination of the account.
Dangerous Activities. Any User caught in the act or convicted of making credible violent threats, committing violent crimes, child abuse, violence against animals, malicious doxing, coordinating violent or nonviolent harm, participating in civil unrest, or encouraging others to do any of these activities, may be suspended/banned from using this Service.
Criminal Activities. People with a proven criminal history or with a known affiliation with violent or dangerous groups (e.g., organized criminal groups, terrorist or cyber-terrorist organizations, illegal militias, mercenary organizations, violent hate groups, etc.) will be terminated upon discovery such activities, without regards to the declared purpose of the corresponding profile.
Call to group actions. It's strictly prohibited to ask anyone Subscriber on the Platform to request a refund, unsubscribe, leave Platform or initiate legal action against the Platform or participate in such actions.
Profile / Account Ghosting. It's strictly prohibited to create an account/profile with the same, new, or altered credentials after an initial account/profile by this particular User was terminated, suspended, or otherwise disabled. For instance, if the profile "X" was terminated, it is prohibited to create a new profile "Y" by the same individual, organization, and/or any other associated entity.
These Terms remain in effect after your account is suspended, terminated, or otherwise disabled.
Copyright
We do not review, audit, revise, or curate content published on the Platform to determine if it is a fair use case (ref. to Limitations on exclusive rights), but we will normally remove the reported content if we receive a valid DMCA takedown notice.
If you believe that our Service is infringing on your copyright, please send a DMCA takedown notice to [email protected] to have the content removed. This notice must comply with the requirements of section 512(c)(3)(A) of the DMCA.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without the express written permission by us, unless we stated otherwise.
Recurring Billing
The subscription mechanism of this Service based on recurring billing.
The recurring charge dates vary based on the model selected by us on the integration provider (charge on the 1st of each month, charge or not charge upfront, etc). The exact recurring billing date is determined by the Service at our sole discretion. Normally, recurring billing for each subscription runs roughly every 30 calendar days for each subscription instance.
Subscriptions
The subscription fee (i.e., price of monthly subscription) will be charged according to the billing model introduced to the Subscriber upon subscription.
The number of payments paid by the Subscriber and the total amount depends on the first date of each billing cycle and settings, whether it should be paid instantly upon subscription or otherwise.
A monthly billing cycle can be defined as 28, 30, or 31 days regardless of the number of days in the following or current calendar month.
When a Subscriber changes the subscription tier, a new subscription is initiated, canceling the initial one. In other words, Subscribers pay as if they subscribe for the first time following the current billing model chosen by the Star.
Every subscription has its own date and time, therefore multiple subscriptions will result in multiple charges, rather than in one batch charge.
Prices for subscriptions are subject to change without notice. Any further disputes in regard to subscription price changes must be handled by the Subscribers directly via available e-mail or direct messaging. Please, refer to our Refund Policy for further information
By becoming a Subscriber, you confirm that you use your own payment method that was issued in your name and belongs to you. Subsequently, you agree to comply with our integration providers' (Patreon, SubscribeStar) rules and regulations in their entirety.
We may, at our sole discretion, limit or cancel subscriptions.
Unsubscriptions
The Subscriber can cancel a subscription (i.e. unsubscribe) at any time.
Subscribers can schedule a subscription cancelation to be executed immediately or upon reaching the end of the paid period.
If you believe you deserve a refund for a canceled subscription (i.e., unsubscription), please, refer to our Refund Policy for further information.
Upon subscribing again to the same profile - no matter how short the period of time was between unsubscription and re-subscription - the Subscriber will be charged full price for the new subscription according to the subscription price set on the profile.
Cancellation Policy
- Subscribers can cancel their subscriptions via the integration provider (Patreon, SubscribeStar) at any time, either immediately or by scheduling the cancellation for the end of the paid period.
- If these Terms of Service are violated by the Subscriber, the connected subscription(s) may be put on hold or terminated along with the related Subscriber's account.
- When a refund is issued for a subscription, the related subscription will be automatically terminated. In certain cases, such cancellation might be final and irreversible.
- When a chargeback is initiated by the Subscriber, the related subscription will be automatically terminated. Such cancellation is final and irreversible.
Modifications to the Service and Prices
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service
Prices for our services (i.e., Service Fee) are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
Accuracy of Information
By using this Service, every User (i.e., Patron, Subscribor, Visitor) explicitly and unequivocally consents to maintaining accurate and up-to-date information related to their identity, contact details, and other pertinent data without the need for additional reminders. In cases where such information is discovered to be false, obscured, omitted, or otherwise rendered useless for the purposes of providing the Service, we reserve the right to impose specific restrictions on the User's activities within our Platform.
In the event that we modify or cancel an order (i.e., Subscription, Commission, payout), we will make reasonable efforts to notify the User via the e-mail address and/or billing address/phone number last known at the time of order placement. We also retain the right to limit or suspend orders that, at our sole discretion, appear to be submitted by dealers, resellers, or distributors.
You agree to provide current, comprehensive, and accurate account information pertaining to all activities (e.g., Subscriptions, Commissions, payouts, shipping addresses, payment methods, etc.) and other commitments you undertake within this Platform.
Furthermore, you pledge to promptly update your account details, including your e-mail address, credit card number, and expiration dates, to facilitate the smooth execution of your transactions and enable us to contact you as necessary.
For more details, please review our Refund Policy.
Third Parties
Certain content, products, and services available via our Service may include - partially or as a whole - content, products, and services produced, owned and maintained by third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those materials or websites. We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
Optional Tools and Services
We may provide you with access to optional third-party tools or access to optional third-party services over which we neither monitor nor have any control or input. This includes hosting, processing, monitoring and/or any and all other third-party tools and services that are not affiliated with us as a Company, but employed to perform duties that are essential to the Service's functionality.
You acknowledge and agree that we provide access to such tools and services "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s)
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Personal and Sensitive Information
Your submission of personal information through the Service is governed by our Privacy Policy. Please, make yourself familiar with our Privacy Policy.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to subscription descriptions, benefits, features, pricing, promotions, offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel subscription(s) if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law.
No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Limitation of Liability
We do not guarantee, represent, or warrant that your use of our service will be satisfying, pleasant, fulfilling, uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove/pause this Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The services are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Clop.Cloud, Clopician, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services procured using the Service, or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnity
You agree to indemnify, defend and hold harmless Clop.Cloud, Clopician, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your or others breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, or related to your use of this Service.
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 agree to help us in our defense.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Service Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site, and/or delete your account or profile.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice; and/or accordingly may deny you access to our Services (or any part thereof).
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Refund Policy
If you need to request a refund for your subscription, please follow the appropriate process based on your payment platform:
SubscribeStar Refunds
If you subscribed through SubscribeStar, please use the following link to contact their support team directly:
Request refund from SubscribeStar
Please ensure to include all the required information in your refund request:
- The amount you are requesting a refund for
- The date of the payment
- Your full name
- Your contact information/email
- Your account number or transaction ID
Patreon Refunds
If you subscribed through Patreon, please visit their support page for information about their refund policy and process:
Both SubscribeStar and Patreon will process your refund request according to their respective policies and procedures.