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ClubLifesyles.com TERMS OF SERVICE AGREEMENT
To
ensure that you enjoy the highest standards of quality and service during
your visits to our site, we encourage you to read through the following
information. These legal notices spell out the terms and conditions to
which Users are expected to adhere.
CONTENTS AND USER SUBMISSIONS
1.1 The contents of this website are intended for the
personal, noncommercial use of its Users. All materials on this website
(including, but not limited to, news articles, photographs, images, illustrations,
audio and video clips, also known as “The Content”) are protected
by copyright and other intellectual property laws, and are owned or controlled
by the party credited as the provider of the content, software, or other
materials. Users shall abide by all additional copyright or other notices,
information, or restrictions appearing in conjunction with any Content
accessed through the Service.
1.2 The entire website is protected by copyright as
a collective work and/or compilation pursuant to U.S. copyright laws,
international conventions, and other copyright laws. Except as set forth
in Section 1 of this Terms of Service, Users may not modify, adapt, translate,
exhibit, publish, transmit, participate in the transfer or sale of, reproduce
(except as provided in this section of the terms of Service), create derivative
works from, distribute, perform, display, reverse engineer, de-compile
or dissemble, or in any way exploit, any of the content, software, materials
or Service in whole or in part.
1.3 Users may download or copy the Content and other
downloadable items displayed on this Service for personal, noncommercial
use only, provided that User maintains all copyright and other notices
contained in such Content. Copying or storing of any Content for other
than personal, noncommercial use is expressly prohibited without the prior
written permission from the website or the copyright holder identified
in the individual Content’s proprietary notices including copyright
notice. No member shall download and use the photos and writings of others
without express written permission of the owner of such property. Any
violation of this provision will constitute immediate removal from this
website without refund or recourse.
PROFILES, FORUMS AND DISCUSSIONS
2.1 User shall not upload to, distribute, or otherwise
publish through the website, any Content which is libelous, defamatory,
obscene, pornographic, profane, sexually explicit, abusive or otherwise
violates any law. Please use your best judgment, and be respectful of
other individuals using the bulletin boards. Do not use vulgar, abusive,
or hateful language. Bulletin boards within the website are provided to
give our users an interesting and stimulating forum in which they may
express their opinions and share their ideas. Neither the website, nor
the management, endorses the opinions placed on these bulletin boards.
User acknowledges that any submissions may be edited, removed, modified,
published, transmitted and/or displayed. In addition, User warrants that
all moral rights in any upload materials have been waived.
2.2 The Profiles, Forums, Internal Mail, Photo Chat
and Video Chat shall be used only in a noncommercial manner. User shall
not, without express approval from the webmaster, distribute or otherwise
publish any material containing any solicitation of PARTIES, FUNDS, MEMBERSHIPS,
WESBSITES, ADVERTISING or any other solicitation for goods or services,
competitive or not.
2.3 The website promotes input from its users. However,
by submitting an idea, suggestion, or recommendation, the User waives
all right to the idea as intellectual property, and consents to the website
utilizing that idea, suggestion, or recommendation without attribution
or compensation. It is our utmost desire to provide every possible feature
and enhancement you desire. It is your suggestions that have made The
Lifestyles Organization® what it is today.
2.4 While ClubLifestyles.com does not and cannot review
every message posted by Users in the Forums and is not responsible for
any content of these messages, the management reserves the right to delete,
move or edit messages that it, in its sole discretion, deems are in violation
of the law (including trademark and copyright law), or this User Agreement,
or are abusive, defamatory, obscene, or otherwise unacceptable. Users
shall remain solely responsible for the content of their messages. Every
user accepts full responsibility for any photos and text uploaded to this
website. All submissions are traceable back to the user that submitted
them.
ACCESS AND AVAILABILITY OF SERVICES AND LINKS
3.1 ClubLifestyles.com contains links to other World
Wide Web Internet sites, resources, and sponsors. Selection of an ad banner
or link redirects the User to a third party. Transactions that occur between
the User and the Third Party are strictly between the User and the third
party and are not the responsibility of ClubLifestyles.com. ClubLifestyles.com
is not responsible for the availability of these outside resources or
their contents. User should direct any concerns regarding any external
link to it’s site administrator or Webmaster.
3.2 ClubLifestyles.com permits its Users ONLY to publish
links personal websites that depict the photos and writings of the user
in a manner to expand on the capable space offered in a ClubLifestyles.com
profile listing. Neither ClubLifestyles.com nor its management check or
reviews to content of User-linked web sites. These links may direct the
User to offensive, obscene, or pornographic material. Use of User links
is at the User’s discretion and peril. ClubLifestyles.com is not
responsible for content found on User-linked sites. It is the responsibility
of the User / Website owner to obey all Internet laws pertaining to content
of these linked websites. No personal website will be allowed to be linked
to if the site is promoting adult websites in any fashion, directly, indirectly
or by affiliate status. Users linking to such websites will be immediately
removed from our system without recourse.
REPRESENTATIONS AND WARRANTIES
4.1 User represents, warrants and covenants that:
that no materials of any kind submitted by User or use thereof, in accordance
with the terms and conditions of this User Agreement, will:
(i) violate, plagiarize, or infringe upon the rights of any third party,
including copyright, trademark, privacy or publicity, moral rights, contract
or other personal or proprietary right;
(ii) contain libelous or otherwise unlawful material;
(iii) constitute false or misleading indications of origin or statements
of facts;
(iv) slander, libel or defame any person or entity;
(v) cause injury of any kind to any person or entity; or
(vi) violate any applicable laws, rules, regulations, or other governmental
regulations; and
that User is at least 18 years old. User hereby indemnifies, defends and
holds ClubLifestyles.com and all officers, directors, owners, agents,
information providers, affiliates, licensors and licensees (collectively,
the “Indemnified Parties”) harmless from and against any and
all liability and costs incurred by the Indemnified Parties in connection
with any claim arising out of any breach by User of the User Agreement
or the foregoing representations, warranties and covenants, including,
without limitation, reasonable attorney’s fees. User shall cooperate
as fully as reasonably required in the defense of any claim. ClubLifestyles.com
reserves the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by User.
4.2 ClubLifestyles.com neither represents nor endorses
the accuracy or reliability of any advice, opinion, statement, or other
information, displayed, uploaded, or distributed through the Service by
User, information provider or any other person or entity.
CLUBLIFESTYLES.COM, AND ANY MATERIALS PROVIDED BY CLUBLIFESTYLES.COM
OR THIRD PARTIES, ARE PROVIDED “AS IS.” CLUBLIFESTYLES.COM
MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS
FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER
WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING,
OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS
OF ANY MATERIALS PROVIDED THROUGH THE SERVICE. CLUBLIFESTYLES.COM SHALL
NOT BE RESPONSIBLE TO THE USER OR ANY THIRD PARTIES FOR ANY DIRECT OR
INDIRECT, CONSEQUENTIAL, SPECIAL PUNITIVE OR EXEMPLARY DAMAGE OR LOSS
INCURRED IN CONNECTION WITH THE USE OF THE SERVICE, THE ACCESS SOFTWARE
OR ANY OF THE MATERIALS PROVIDED BY CLUBLIFESTYLES.COM OR THIRD PARTIES
THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF
FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE OR THE ACCESS
SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION,
EVEN IF CLUBLIFESTYLES.COM HAS ADVERTISED OF THE POSSIBILITY OF SUCH DAMAGE
OR LOSS.
4.3 User hereby acknowledges that use of the website
is at the User’s sole discretion.
SOFTWARE LICENSES
5.1 User shall have NO rights to the proprietary software
and related documentation enhancements, or modifications thereto, provided
to the User to access the website
(Access Software). User may not sublicense, assign or transfer any membership
right / user rights granted by ClubLifestyles.com, and any attempt at
such sublicense, assignment, or transfer is void and the membership will
be immediately terminated. User may not copy any software, programming
or scripts on the ClubLifestyles.com website for any reason. User may
not copy, distribute, modify, reverse engineer, or create derivative works
from ClubLifestyles.com Software.
TERMINATION
6.1 ClubLifestyles.com may, in its sole discretion,
terminate or suspend User’s access to all or any part of the Service
for any reason, including, but not limited to, breach of the Terms of
Service. Termination or suspension does not entitle the User to a refund
of subscription monies paid. Termination or suspension will result in
the forfeiture of all subscription monies paid. Suspension or termination
is at the sole discretion of the Webmaster OR executive Lifestyles Organization
staff. Any decision to suspend or terminate is final and non-disputable.
Users will be suspended or terminated for violation of any regulation
outlined in this agreement, or any disruption caused to any other member
of this website. ClubLifetsyle.com will not tolerate any disruptive member.
In the event of any disruption, all members involved in the dispute will
be immediately suspended from use of this site and may result in a full
termination of services.
6.2 Users of ClubLifestyles.com acknowledge that site
administrators have the right to terminate use without notice for any
User who restricts, inhibits or disrupts access to the website or attempts
to alter or improperly access any feature or function of the site. This
includes any type of “spider” software designed to rapidly
download any portion of this website for storage or off-line viewing.
A User’s access is limited to the viewing of pages presented on
this website by a single use of any username and password combination.
Any abuse of distributing the username and password used for entry to
this site is grounds for immediate termination and purging of your profile
information with warning. Any posting of illegal content or photos not
taken by you, or belonging to you may also lead to immediate termination.
if the User posts or transmits any illegal content, or harasses or threatens
any ClubLifestyles.com User or employee, posts content (including the
creation of usernames) that is offensive or otherwise disruptive; creation
of multiple accounts, or accounts with false and misleading information;
posts unsolicited advertising; or improperly impersonates an employee
or other individual.
6.3 Cancellations - Due to the high volume of
trial accounts, cancelations and deletions by request will
only be handled during
normal maintenence operations and not by special request. The
ClubLifestyles staff will purge all accounts that have been abondoned
or requeted purged while doing normal maintenence cleaning operations
to the database and not by special request.
GUIDELINES FOR USE
7.1 The primary purpose of this website is to enable
members with similar interests to communicate with each other by several
different medias. ClubLifestyles.com is only the provider of the medias
and has no control over the content or accuracy of what is portrayed in
these medias. Users can chat with each other, exchange stories or pictures,
and even to meet each other in person. Meeting in person should be done
with caution and at the sole risk of the User. In this regard, this website
is much like a national “Personals” section, and the same
care that one would exercise when giving information to strangers, or
setting up meetings with strangers, must be used here. ClubLifestyles.com
will NEVER give information about one User to another Your personal information
will only be available to specific staff members. Further, Users are cautioned
that giving any information to another User on this website carries with
it significant risks. Other advertisers may be perfectly wonderful individuals,
or they may not be. There is no reasonable way to determine this in advance
of your meeting. In short, if you give any information to anyone, you
are taking a significant risk. These risks are greatly increased if you
plan to meet other Users face-to-face. Please use caution and common-sense
when creating a personal meeting.
7.2 ClubLifestyles.com offers a “Verified Couple”
and “Rated Single” verification system. The verification indicates
that the User in question is the couple they say they are … or rates
singles by how they conduct themselves in a swing environment. Members
are awarded a “verified Couple” icon when they are verified
by our staff members at Lifestyle Conventions, Lifestyle Vacations, Dances,
Video Chat with ClubLifestyles.com staff members and other Verified Couples.
ClubLifestyle.com management has the sole discretion to determine what
constitutes sufficient evidence. Single members can be rated by couples
they have been in contact with. The rating shows as a series of stars
in a row. It is important to us that our couple members know how other
couples feel about the interaction with our single members. However, the
verification service is NOT 100% guaranteed. People can get un-significant
others to pose with them, or walk up to a ClubLifestyles.com staff member.
Management can be tricked. ClubLifestyles.com promises to be as diligent
as possible in awarding these verification icons. Use the existence of
the verification icon may assume the couple MAY be for real and expand
your own due diligence in ascertaining the real truth. One phone call
to the wife can generally dispel any myth there may be. Furthermore, the
“Verification” only affirms that the User is a member and
has made contact with ClubLifestyles.com or Lifestyle Organization staff
members with both persons present. There is no proof either one of the
applying members are swingers or will participate in any activity or function.
The “Verification” does not indicate that this User is safe
to contact, meet, or give information to. Use the same caution when dealing
with a “Verified” or “Rated Single” that you would
use when dealing with any other User.
PRIVACY POLICY
8.1 ClubLifestyles.com takes every precaution to protect
your privacy. Only authorized employees have access to your username,
password and credit card information, and ClubLifestyles.com has strict
rules on its employees who have access either to the databases that store
user information or to the servers that host our services. While we cannot
guarantee that loss, misuse or alteration to data will not occur, we make
every effort to prevent such unfortunate occurrences. Your credit card
number is encrypted when accepted on our secure processing page. Unlike
other websites that “hand-off” transactions to third party
processors, your credit card information NEVER leaves our facility by
the internet, encrypted or not. Your information is processed directly
to the bank from our own credit card processing servers by special protected
connections to the bank processing centers. No other lifestyle website
offers such protection. Your information is VERY secure! However, if you
are in doubt, ClubLifestyles.com will accept your cardholder information
over the phone and process the transaction manually. ClubLifestyles.com
will not give information of any kind about a User to anyone. Users should
take care to protect their username and password. Exit from your web browser
after every use. Chose a username and password that only you know, or
can guess.
MISCELLANEOUS
9.1 This User Agreement has been made in and shall be
construed and enforced in accordance with California law. Any action to
enforce this agreement shall be brought in the federal or state court
located in California.
9.2 Official correspondence must be sent via certified
postal mail to:
The Lifestyles Organization®
ClubLifestyles Division
2641 W. La Palma Ave Suite F
Anaheim, CA 92801
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