1. ACCEPTANCE OF TERMS
- This Agreement, which incorporates by reference other provisions applicable to use of www.clubzak.com, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in www.clubzak.com, sets forth the terms and conditions that apply to use of www.clubzak.com by User. By using ClubZak (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use www.clubzak.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
- ClubZak shall have the right at any time to change or discontinue any aspect or feature of www.clubzak.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
ClubZak shall have the right at any time to change or modify the terms and conditions applicable to User's use of www.clubzak.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on www.clubzak.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of www.clubzak.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. USER CONDUCT
User shall use www.clubzak.com for lawful purposes only. User shall not post or transmit through www.clubzak.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without ClubZak 's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in ClubZak's discretion restricts or inhibits any other User from using or enjoying www.clubzak.com will not be permitted. User shall not use www.clubzak.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with ClubZak.
www.clubzak.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. ClubZak owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of ClubZak and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
User shall not upload, post or otherwise make available on www.clubzak.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of www.clubzak.com, User automatically grants, or warrants that the owner of such material has expressly granted ClubZak the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants ClubZak the right to edit, copy, publish and distribute any material made available on www.clubzak.com by User.
4. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing ClubZak with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify ClubZak immediately of any unauthorized use of User’s account or any other breach of security. ClubZak will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by ClubZak or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.
5. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
- User expressly agrees that use of www.clubzak.com is at user's sole risk. Neither ClubZak, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that www.clubzak.com will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of www.clubzak.com, or as to the accuracy, reliability or content of any information, service, or merchandise provided through www.clubzak.com.
- www.clubzak.com is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
- This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that ClubZak is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.
- In no event will ClubZak, or any person or entity involved in creating, producing or distributing www.clubzak.com or the ClubZak software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use www.clubzak.com. user hereby acknowledges that the provisions of this section shall apply to all content on the site.
- In addition to the terms set forth above neither, ClubZak, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within www.clubzak.com, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. none of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
- Force majeure – neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurence. The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.
User agrees to defend, indemnify and hold harmless ClubZak, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of ClubZak by User or User's Account.
7. COPYRIGHT NOTICE
ClubZak its logos are trademarks of ClubZak, All rights reserved. All other trademarks appearing on ClubZak are the property of their respective owners.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.