Welcome to Clubzz! These Terms of Service govern your use when visiting or using the Clubzz website, www.Clubzz.com (“Website”), mobile applications (“Mobile Applications”), and social media sites (“Social Media”) (collectively, the “Services”). Clubzz, LLC (“Clubzz”) owns and operates the Services. Throughout these Terms of Service, the terms “Company,” “us,” and/or “we” refer to Clubzz.
Clubzz offers its Services, including all information, tools, features, technologies, software, services, products, content, and functionality, to you, the user, whether as a guest or registered user, conditioned upon your acceptance of all terms, policies and notices stated herein, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Services, including without limitation, users who are browsers, account users, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our Services. By accessing or using any part of the Services, you accept and agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then do not access or use the Services.
CHANGES TO OUR TERMS OF SERVICE
We reserve the right to modify these Terms of Service at any time, so please review them regularly for any changes. If we make material changes to the Terms of Service, we will notify you on the top of this page that it has been updated, and reflect the date it was last updated.
It is your responsibility to check this page periodically for changes. Any new features or tools which are added to the Services shall also be subject to the Terms of Service. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
Our Services are intended for a general adult audience and not targeted or intended for anyone under the age of 21. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
You may not use our Services for any illegal or unauthorized purpose, nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws). We reserve the right to refuse service to anyone for any reason at any time. You agree that you are responsible for all data charges you incur through use of the Services. A breach or violation of any of the Terms of Services will result in an immediate termination of your Services.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
ACCURACY AND ACCESS
We are not responsible if information made available on or through the Services is not accurate, complete or current. The material on the Services 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 more timely sources of information. Any reliance on the material on the Services is at your own risk.
The Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Services at any time, but we have no obligation to update any information on our Services. You agree that it is your responsibility to monitor changes to our Services.
We reserve the right to withdraw or modify the Services, and any content, feature, or material we provide on or through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
INTELLECTUAL PROPERTY OWNERSHIP
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, graphics, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws (collectively, the “Intellectual Property”).
Use of any software provided by the Company to you is also governed by separate agreements, including but not limited to, a mobile application end-user license agreement and/or SaaS agreement, that accompanies or is included with the software, and which agreements are incorporated herein (the “Software Agreements”).
Except as expressly provided herein and/or in the Software Agreements, you must not use, reproduce, disseminate, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, reverse engineer, store, or transmit any of the material or content on our Services. If you violate the Intellectual Property rights of the Company, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Services is a breach of these Terms of Services and may violate copyright, trademark, and other laws.
Clubzz is the owner of pending, registered and unregistered trademarks, trade dress and trade name appearing on the Services, including but not limited to the Clubzz name and logo, and all related names, logos, product and service names, designs, and slogans. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
You may link to our homepage, so long as you do not imply or suggest any form of association, approval or endorsement on our behalf without our express written consent.
The Services may contain public message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and any other interactive feature that allows users to post, submit, publish, display, or transmit to other users or other persons (collectively, “post”) content or materials (collectively “User Contributions”) on or through the Services. All User Contributions must comply with the policies and standards set forth herein.
Any User Contribution you post will not be considered confidential or propriety. By posting User Contribution on the Services, you grant to the Company, and its parent, subsidiaries, affiliates, successors, assigns, licensors, service providers, and third party content providers a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, perform, display, distribute, make derivative works, and otherwise disclose to third parties any such material.
You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted herein, and that all of your User Contributions do and will comply with this Terms of Service.
You agree that your User Contributions will not violate any right of any third-party, including copyright, trademark, privacy, right of publicity, personality or other personal or proprietary right. You further agree that your User Contributions will not contain libelous or otherwise unlawful, abusive, harassing, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any posts. You are solely responsible for any User Contributions you make and their accuracy. We take no responsibility and assume no liability for any User Contribution posted by you or any third-party.
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, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You acknowledge and agree that you are responsible for any User Contributions you post, and you, and not the Company, has full responsible for such content, including its legality, reliability, accuracy and appropriateness.
You agree to indemnify and hold the Company, its parent, subsidiaries, affiliates, and their employees, agents, officers, directors, members, owners, successors, assigns, third party content providers, service providers, and licensors, harmless from any and all damages, claims, expenses, costs or fees arising from and/or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
PROCEDURE FOR CLAIMING COPYRIGHT INFRINGEMENT –DMCA NOTICE
Clubzz respects the intellectual property rights of others. Users are responsible to making sure that any material they upload does not infringe upon the rights of others.
If you believe in good faith that someone has posted material on any of our Services that infringe upon your copyrighted material, please provide the information requested pursuant to our Copyright Policy, incorporated herein.
LINKS TO THIRD PARTY WEBSITE
Third-party links on the Services 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 and 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.
The Company does not have control or responsibility over the content or operation of those websites. You agree and acknowledge that the Company is not responsible or liable, directly or indirectly, for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services or its content:
We reserve the right to terminate your use of the Services or any related Services for violating any provision of this Terms of Service.
INFORMATION WE COLLECT ABOUT YOU
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND CONTENT THEREIN IS AT YOUR OWN RISK. THE SERVICES AND CONTENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTY OF TITLE, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTY OF NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE.
NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILATES, OR THEIR EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MEMBERS, OWNERS, SUCCESSORS, ASSIGNS, THIRD PARTY CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS MAKE ANY WARRANTY OR REPRESENTATION THAT THE SERVICES WILL BE ACCURATE, COMPLETE, SECURE, RELIABLE, AVAILABLE, ERROR-FREE OR UNINTERRUPTED; THAT ERRORS OR DEFECTS WILL BE CORRECTED; THAT THE SERVICES MEET YOUR NEEDS OR EXPECTATIONS, OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE FROM ANY VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY OR ITS PARENT, SUBSIDIARIES, AFFILATES, OR THEIR EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MEMBERS, OWNERS, SUCCESSORS, ASSIGNS, THIRD PARTY CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR LOSS OF USE, LOST PROFIT, COST OF COVER, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE, OR INABILITY TO USE THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, HOWEVER CAUSED AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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.
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 Services.
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 also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
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 agreements, policies and/or operating rules posted by us on or with respect to the Services constitute 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.
You agree that any claim you may have arising out of the Services, these Terms or Service and/or your relationship with Clubzz must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Any claim, dispute, and/or legal proceeding relating to these Terms of Service, to any Service provided hereunder, to your use of the Services, (collectively, "Claims"), shall be governed by the laws of the State of California without regard to or application of conflict of law provisions.
All such Claims, to the extent allowed by law, shall be submitted to confidential binding arbitration in Santa Clara County, California through the American Arbitration Association, and you consent to personal jurisdiction, venue and forum without objection. To the extent that any such Claim is required to be brought in a court of law, you consent to the exclusive jurisdiction and venue of any state or federal court in Santa Clara County, California.
Questions about the Terms of Service should be sent to our support team at firstname.lastname@example.org. You can also send inquiries to:
Clubzz Support Team
2 N 1st St, Suite 500
San Jose CA 95113