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TERMS AND CONDITIONS OF USE
By using this site, you signify your agreement to all terms, conditions,
and notices contained or referenced herein (the "Terms and Conditions of Use").
If you do not agree to these Terms of Use please do not use this site.
We reserve the right, at our discretion, to update or revise these Terms of Use.
Please check the Terms periodically for changes.
Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, if you submit registration information to us you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ClubZen.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ClubZen.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
MEMBER ACCOUNT, PASSWORD AND SECURITY
If you register for some services offered, you may receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ClubZen.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ClubZen.com cannot and will not be liable for any loss or damage arising from your failure to comply with your own duty to maintain your own security and privacy.
MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not ClubZen.com, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Service. ClubZen.com does not control the Content accessible via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to third party Content that is offensive, indecent, objectionable or even hateful or obscene. Under no circumstances will ClubZen.com be liable in any way for any third party 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 posted, e-mailed or otherwise transmitted via the Service.
The ClubZen.com web sites may from time to time contain bulletin board services, news groups, forums, communities, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- upload, post, e-mail or otherwise transmit any Content that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially or ethnically inciteful;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a ClubZen.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- upload, post, e-mail or otherwise transmit any material that 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;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users or harvest or otherwise collect information about others, including e-mail addresses, without their consent.
You acknowledge that ClubZen.com does not pre-screen or monitor your or third party Content, but that ClubZen.com and its designees will have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, ClubZen.com and its designees will have the right to remove any Content that violates the Terms of Service or is otherwise 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. In this regard, you acknowledge that you may not rely on any Content created by ClubZen.com or submitted to ClubZen.com, including without limitation information in Yep.com forums, and in all other parts of the Service.
You acknowledge and agree that ClubZen.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ClubZen.com, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
PUBLIC CONTENT POSTED TO CLUBZEB.COM
ClubZen.com does not claim ownership of the materials you provide to ClubZen.com (including feedback and suggestions) or post, upload, input or submit to any ClubZen.com Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ClubZen.com, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided in these Terms of Service. ClubZen.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ClubZen.com's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
Material on ClubZen.com is solely for your personal, non-commercial use.
Such material may not be copied, reproduced, republished, uploaded, posted, transmitted,
or distributed in any way, including by e-mail or other electronic means. Without the prior written consent of the owner,
modification of the materials, use of the materials on any other web site or networked computer environment,
or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights,
trademarks, and other proprietary rights, and is prohibited.
If you believe that your copyrightable work is being displayed on this site and is violating copyright regulations, please contact us immediately and we will remove it.
LINKS AND THIRD PARTY SITES
This site may contain links to other web sites ("Linked Sites").
The Linked Sites are for your convenience only, and you access them at your own risk.
These other sites are not under the control of ClubZen.com, and you acknowledge that ClubZen.com is not responsible
for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites.
The inclusion of such a link does not imply endorsement of the site by ClubZen.com or any association with its operators.
ClubZen.com welcomes links to this site.
You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by ClubZen.com.
You may not use on your site any trademarks, service marks or copyrighted materials appearing on the ClubZen.com site,
including but not limited to any logos or characters, without the express written consent of the owner of the mark or right.
You may not frame or otherwise incorporate into another web site any of the content or other materials on the ClubZen.com site without prior written consent.
DISCLAIMER OF WARRANTIES AND LIABILITY
The materials on ClubZen.com's web site are provided "as is" and without warranties of any kind either express or implied.
ClubZen.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose, other than those warranties which, under the laws applicable
to this agreement, are implied by law and are incapable of exclusion, restriction, or modification.
Neither ClubZen.com, nor its affiliated or related entities, nor any person involved in the creation, production,
and distribution of ClubZen.com's web site warrant that the functions contained in the materials will be uninterrupted
or error-free, that defects will be corrected, or that ClubZen.com or the server that makes them available are free of
viruses or other harmful components. The material that you read on ClubZen.com's web site is provided solely for
entertainment and promotional purposes. ClubZen.com does not warrant or make any representations regarding the use
or the results of the use of the materials in ClubZen.com's web site in terms of their correctness, accuracy, reliability,
or otherwise.
You expressly agree that use of the ClubZen.com site is at your sole risk. You (and not ClubZen.com) assume the entire
cost of all necessary servicing, repair or correction. You expressly agree that neither ClubZen.com, nor its affiliated
or related entities, nor any of their respective employees, or agents, nor any person or entity involved in the creation,
production, and distribution of ClubZen.com's web site are responsible or liable to any person or entity whatsoever for
any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind
or character whatsoever based upon or resulting from the use of this site or any other ClubZen.com web site.
By way of example, and without limiting the generality of the foregoing, ClubZen.com and related persons and entities
shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission,
interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration
of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this site.
You expressly acknowledge and agree that ClubZen.com is not liable or responsible for any defamatory, offensive or
illegal conduct of other subscribers or third parties.
INDEMNIFICATION
Upon a request by ClubZen.com, you agree to defend, indemnify, and hold harmless ClubZen.com and its subsidiary and
other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims,
and expenses, including attorney's fees, that arise from your use or misuse of this site.
ClubZen.com reserves the right, at it own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will cooperate with ClubZen.com in asserting
any available defenses.
INTERNATIONAL USE
ClubZen.com makes no representation that materials on this site are appropriate or available for use in locations
outside the United States, and accessing them from territories where their contents are illegal is prohibited.
Those who choose to access this site from other locations do so on their own initiative and are responsible for
compliance with local laws.
TERMINATION
ClubZen.com reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.
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