Clubmatic Acceptable Use Policy

October 18, 2007

This Acceptable Use Policy is part of the Clubmatic Terms of Service, found online at http://www.clubmatic.com/terms/terms.html.

1 Content

You agree that all text, data, pictures, audio, video, messages, or any other materials ("Content"), whether publicly available or privately transmitted, are the sole responsibility of the originator of the content. You, not Clubmatic, are solely and fully responsible for all Content that you post, upload, email, transmit, or otherwise make available using the Service ("Post").

You understand that:

1. Clubmatic does not control or endorse Posted Content, and as such, cannot guarantee the accuracy, integrity or quality of such Content;
2. under no circumstances will Clubmatic be liable in any way for any Content, 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 any Posted Content (including, without limitation, any viruses or other disabling features);
3. by using the Service you may be exposed to material that is offensive, indecent or objectionable.

You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge that Clubmatic, the Club, and the Administrator shall have the right (but not the obligation) in their sole discretion to refuse or remove any Posted Content. Without limiting the foregoing, Clubmatic shall have the right to remove any Content that violates these Terms or is otherwise objectionable.

You understand that the technical processing and transmission of the Service, including your Content, may involve:

1. transmission over interstate data networks;
2. changes to conform and adapt to technical requirements of connecting networks or devices.

Clubmatic reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to:

1. satisfy any applicable law, regulation, legal process or governmental request;
2. enforce these Terms, including investigation of potential violations hereof;
3. detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam);
4. respond to support requests;
5. protect the rights, property or safety of Clubmatic, its users and the public.

2 License

You expressly grant Clubmatic a worldwide, non-exclusive, royalty-free license to store, transmit, reproduce, modify, adapt, publish, perform, and display the Content solely for the purpose of providing the Service. This license exists only for as long as the Content is available through the Service and terminates when the Content is removed. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide notice to Clubmatic with the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

3 Acceptable Use

You agree to not use the Service to:

1. harm minors in any way;
2. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
3. Post any Content that:
4. 1. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
   2. you do not have a right to transmit;
   3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
   4. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
5. impersonate another person or entity;
6. interfere with or disrupt the Service or servers or networks connected to the Service;
7. intentionally or unintentionally violate any applicable local, state, national or international law.

4 No Resale

You agree not to reproduce, duplicate, copy, sell, trade, resell, rent, lease, create derivative works, or exploit for any commercial purposes any portion of the Service, use of the Service, or access to the Service.

5 Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Clubmatic grants you a personal, non-transferable and non-exclusive right and license to use the Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Clubmatic for use in accessing the Service.

6 Changes

Clubmatic may modify or revise this Acceptable Use Policy from time to time, for any reason, with or without notice. You agree to accept and be bound by any such modifications or revisions, even if you receive no notice. Please review this Acceptable Use Policy from time to time so you will be apprised of any changes. Each revision of this Acceptable Use Policy will be identified at the top of the page by its effective date.

N.B. The section titles and numbers used in this Policy are for convenience only and have no legal or contractual effect.

Last updated Thursday, 22-Apr-2010 06:01:03 UTC