PLEASE READ THESE TERMS OF USE CAREFULLY!
DESCRIBED BELOW ARE YOUR RIGHTS AND RESPONSIBILITIES AND THEY
CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND
CLUBSQUARE.COM, INC. REGARDING YOUR USE OF OUR INTERNET WEBSITE
SERVICE WWW.RJENDA.COM. BY USING THE SERVICE, INCLUDING
VIEWING CONTENT, YOU AS AN INDIVIDUAL AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS OF THIS AGREEMENT BETWEEN YOU AND CLUBSQUARE.COM, INC.
(WHETHER OR NOT YOU CHOOSE TO BECOME A MEMBER). YOUR ACCESS TO AND
USE OF WWW.RJENDA.COM IS EXPRESSLY CONDITIONED ON YOUR
COMPLIANCE WITH THESE TERMS AND CONDITIONS.
These are
official terms and conditions ("Terms of Use") and form a
legally binding agreement between you and CLUBSQUARE.COM, INC.
("CLUBSQUARE", "we", "us", or "our")
regarding your use of CLUBSQUARE’s internet web site located at
www.Rjenda.com (the "Site"), as well as the
associated web pages services, features and functions made available
by CLUBSQUARE and this Site (individually and collectively, the
"Rjenda Services"). The term "Rjenda Services"
also includes any and all branded, equivalent, mirror, replacement,
substitute or backup websites and web pages and those containing
authorized content owned by CLUBSQUARE. This Agreement includes
CLUBSQUARE’s policy for acceptable use of Rjenda Services and
content posted on the Site, your rights, obligations and restrictions
regarding your use of Rjenda Services and our Privacy Policy. In order to participate in Rjenda Services, you may
be required to download software or content and/or agree to
additional terms and conditions. Unless otherwise provided by the
additional terms and conditions applicable to Rjenda Services in
which you choose to participate, those additional terms are hereby
incorporated into this Agreement.
TERMS OF
SERVICE:
Rjenda Services are offered and made available
only to users 13 years of age or older - Rjenda Services is not
intended for children under 13. Your account may be terminated
without warning, if we believe, in our sole discretion, that you are
under 13 years of age. By using or attempting to use Rjenda Services,
you certify that you are at least 13 years of age and are fully able
and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in these
Terms of Use, and to abide by and comply with these Terms of Use. If
you are not yet 13 years old, or your use of our Rjenda Services is
prohibited or restricted in any way by the laws, regulations or other
governmental requirements of the jurisdiction in which you live or
reside, or if, for any reason and at any time, you do not agree with
all of the terms and conditions contained in these Terms of Use,
please do not use Rjenda Services. Use of Rjenda Services is void
where prohibited.
By using Rjenda
Services, you understand, acknowledge and agree to be bound by the
Agreement and that you will abide by the terms and conditions of our
Agreement with you, whether you are a "Visitor", meaning
that you simply browse the Site or you are a "Member"
meaning that you have registered with CLUBSQUARE. The term "User"
refers to a Visitor or a Member. When we use the term "Agreement"
we are referring to these Terms of Use, as well as any additional
terms and conditions that apply to and govern your use of Content,
Postings, and Groups, (all as defined below), any features, functions
and services we make available to you from time to time through our
Rjenda Services, any official rules which apply to your participation
in promotions, contests, sweepstakes, award programs, memberships,
e-mail and/or newsletters ("Rules") and any additional
terms and conditions referred to in any of the foregoing documents.
These Terms of Use and our use of the term "Agreement" also
includes our Privacy Policy. All of these are hereby
incorporated into our Agreement with you by this reference and this
Agreement will remain in full force and effect as long as you are a
user of Rjenda Services, even if your use of or participation in any
particular service, feature, function or promotional activity
terminates, expires, ceases, is suspended or deactivated for any
reason.
The words "use" or "using" in
this Agreement, means any time a User, directly or indirectly, with
or without the aid of a machine or device, does or attempts to
access, interact with, use, display, view, print or copy from Rjenda
Services, transmit, receive or exchange data or communicate with the
Rjenda Services, or in any way utilizes, benefits, takes advantage of
or interacts with any function, service or feature of the Rjenda
Services, for any purpose whatsoever. This Agreement does not cover
your rights or responsibilities with respect to third party content
or any web sites or links that may direct your browser or your
connection to third party web sites or web pages.
Please
choose carefully the information you post on Rjenda Services and that
you provide to other Users. Your Postings may not include the
following items: telephone numbers, street addresses, last names, and
any photographs containing nudity, or obscene, lewd, excessively
violent, harassing, sexually explicit or otherwise objectionable
subject matter. Despite this prohibition, information provided by
other Users may contain inaccurate, inappropriate, offensive or
sexually explicit material, products or services, and we assume no
responsibility or liability for this material. If you become aware of
misuse of Rjenda Services by any person, please contact us at www.rjenda.com/jsp/contactus.jsp.
These Terms of Use, and any
rights and licenses granted hereunder, may not be transferred or
assigned by you, but may be assigned by us without restriction or
notice to you.
1. REGISTRATION
This Agreement
shall remain in full force and effect while you use Rjenda Services
or are a User. There are portions of Rjenda Services and this Site
that we make available to Users in the general public without
registering and you may visit and browse those portions without
charge or obligation; provided, however, we reserve the right to make
changes, limit or restrict those portions at any time and from time
to time in our discretion, without notice to you.
We reserve
the right, in its sole discretion, to reject, refuse to post or
remove any posting, including email, by you, or to restrict, suspend,
or terminate your access to all or any part of Rjenda Services at any
time, for any or no reason, with or without prior notice, and without
liability. Even after your account is terminated, this Agreement will
remain in effect, including all sections.
You acknowledge that
we reserve the right to charge for Rjenda Services and to change its
fees from time to time in its discretion. If we terminate your
account because you have breached the Agreement, you shall not be
entitled to the refund of any unused portion of fees.
In order
to access and use certain services, features or functions of the
Rjenda Services, such as our Postings, Groups, and in general any
interactive feature of the Rjenda Services, we require users to
register and create an account. As part of the registration process,
you will need to select and provide us with a unique user name and
choose a password which must form a unique combination (a "User
ID"), you shall provide your valid e-mail address, and we may
request that you provide other information that we may require. We
may also, from time to time and at any time, provide users with
additional codes or passwords necessary to access and use certain
services, features or functions of the Rjenda Services. Please read
our Privacy Policy, which describes the non-public,
personally identifiable information ("Personal Information")
we collect, use, disclose, manage and store. When creating your
account, you must provide accurate and complete information. You are
solely responsible for the activity that occurs with your User ID and
you must keep your account password secure. You are entirely
responsible for maintaining the confidentiality of your password.
Your User ID is personal to you and you may not allow any others to
use your User ID under any circumstances. You may never use another's
account without permission. We are not liable for any harm caused or
related to the theft or misappropriation or disclosure of all or any
portion of your User ID, disclosure or your authorization of anyone
else to use your User ID. You agree to immediately notify us if you
become aware of or believe there is or may have been any unauthorized
use of (or activity using) your User ID or any other need to
deactivate your User ID due to security concerns. Although CLUBSQUARE
will not be liable for your losses caused by any unauthorized use of
your account, you may be liable for our losses or others due to such
unauthorized use.
2. MODIFICATIONS
We may
modify this Agreement from time to time at our sole discretion and
such modification shall be effective upon posting by us on the Site.
We will post or display notices of material changes on this Site and
we may also e-mail you about these changes. Once we post them on
Rjenda Services, these changes become effective immediately and if
you use the Rjenda Services after they become effective it will
signify your agreement to be bound by the changes. You should check
back frequently and review the terms and conditions of this Agreement
regularly so you are aware of the most current rights and obligations
that apply to you and the terms and conditions of your agreement with
us. We reserve the right to change, modify, withdraw, suspend or even
permanently discontinue all or any portions of the Rjenda Services at
any time, without any liability or obligation to you, with or without
notice.
3. PRIVACY
We respect your privacy and
the use and protection of your Personal Information. Please see our
Privacy Policy for important information and disclosures
relating to the collection and use of your Personal Information in
connection with your use of Rjenda Services. If you have any
questions regarding CLUBSQUARE’s privacy practices, you may
send your question to us at www.rjenda.com/jsp/contactus.jsp.
4. MONTHLY MEMBERSHIPS; FEES; CANCELLATION
During times when trial memberships are offered, you agree to accept the trial membership to the Site and by accessing the Rjenda Services you authorize the charges set forth below and agree to the following terms and conditions:
In the event you enroll in a trial membership, your trial membership will entitle you full access of the Site for the number of days starting on the day you submit your trial membership application to the Site.
You agree that if you do not send us notice of cancellation of your trial membership at least ONE DAY from the expiration of your trial membership term, we shall automatically and without further notice:
Subscription and Membership fees to the Site are subject to change at any time at the sole and absolute discretion of Company. The official standard membership rates for the Rjenda Services shall be set forth in the invoice you received from Rjenda.
Rjenda Services are billed in advance and fees paid are non-refundable.
TO CANCEL AUTOMATIC RENEWAL AT THE END OF ANY TRIAL MEMBERSHIP PERIOD, YOU MUST NOTIFY RJENDA AT LEAST ONE DAY PRIOR TO THE END OF THE PAID TRIAL PERIOD, BY CONTACTING RJENDA BY E-MAIL, TELEPHONE OR U.S. MAIL (AT THE THEN CURRENT E-MAIL ADDRESS, TELEPHONE NUMBER OR MAILING ADDRESS AS PROVIDED AT WWW.RJENDA.COM.
TO CANCEL YOUR MONTHLY MEMBERSHIP YOU MUST NOTIFY RJENDA OF YOUR CANCELLATION BY E-MAIL, TELEPHONE, OR U.S. MAIL (AT THE THEN CURRENT E-MAIL ADDRESS, TELEPHONE NUMBER OR MAILING ADDRESS AS PROVIDED AT WWW.RJENDA.COM AT LEAST 7 (SEVEN) DAYS BEFORE THE EXPIRATION DATE OF YOUR THEN CURRENT MEMBERSHIP TERM.
You hereby acknowledge and agree that if you cancel your membership, or if your membership is cancelled by us, your User ID will be removed from the system at the end of the then current membership period and that you will be entitled to receive the full benefits of your membership until the end of such period. You shall not be entitled to any pro-rated or partial refund if you cancel your monthly membership before the end of the then current membership period. You agree that if you cancel at any time after purchasing a membership to the Site (e.g., 20 minutes after you sign up), you will still be charged the full membership fee.
We may, at any time and at our sole discretion, cancel any trial membership or membership; provided, however, that if we cancel any paid membership prior to its expiration, we shall provide a pro-rata refund for the unexpired period of the cancelled membership .
If you paid by credit card, you hereby authorize Rjenda to charge your credit card (which you hereby acknowledge was given by you) to pay for all membership fees to the Site at the then current standard membership rate. You further authorize us to charge your credit card for any and all purchases of products, services and entertainment available through, at, in or on, or provided by, the Site. You agree to be personally liable for all charges incurred by you during or through the use of the Rjenda Services. Your liability for such charges shall continue after termination of your membership.
Payment for the Rjenda Services may be made by check, automatic credit card debit and you hereby authorize Rjenda and its agents to transact such payments on your behalf.
Unless and until you notify us that you wish to cancel or terminated your membership to the Site, you hereby agree and authorize Rjenda or its designated agent or assignee to automatically renew your membership to the Site on a continuing basis and to charge your credit card (or other approved facility) to pay for the ongoing cost of your membership. You hereby further authorize Rjenda or its designated agent or assignee to charge your credit card (or other approved facility) for any and all purchases of products, services and entertainment provided to you by or though the Site.
You further agree that as a Member, you must promptly inform us of any and all the following: loss or theft of the credit card used to pay for membership to the Site or other Rjenda Services; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security regarding your membership, such as loss, theft, unauthorized disclosure or use of a User ID; and all other changes pertaining to your credit card account used to pay for services pursuant to this Agreement which may affect our ability to expeditiously obtain payments due to Rjenda. You agree that you will remain liable for any unauthorized use of the Rjenda Services, until you have notified us by contacting us at www.rjenda.com/jsp/contactus.jsp.
You hereby agree that any fraudulent reporting of a lost or stolen credit card used to obtain goods or services from the Site or any fraudulent reporting of an unauthorized charge to the Site on your credit card which has been made by you or anyone under your authority, at a time when a charge or other obligation for payment for goods and/or services to the Site remains outstanding at the time of such fraudulent reporting, you shall be liable to Rjenda for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.
You further acknowledge and agree that you will remain liable to Rjenda for any unauthorized use of the Rjenda Services associated with your membership
You may not use any
computerized or automatic mechanism, including without limitation,
any web scraper, offline reader, spider or robot, to access, extract
or download any Content from the Rjenda Services, unless you are
expressly authorized to do so by us. You agree not to use or launch
any automated system that accesses the Site in a manner that sends
more request messages to our servers in a given period of time than a
person can reasonably create in the same period by using a
conventional on-line web browser. Notwithstanding the foregoing, we
grantthe operators of public search engines permission to use spiders
to copy materials from the site for the sole purpose of creating
publicly available searchable indices of the materials, but not
caches or archives of such materials. We reserve the right to revoke
these exceptions either generally or in specific cases. You agree not
to collect or harvest any personally identifiable information,
including account names, from the Site, nor to use the communication
systems provided by the Site for any commercial solicitation
purposes. You agree not to solicit, for commercial purposes, any
users of the Site with respect to their User Submissions. As an
express condition of your use of the Rjenda Services, you warrant to
us that you will not use Rjenda Services for any unlawful purpose or
purpose prohibited by this Agreement. If you violate any part of this
Agreement, your permission to use the Content automatically
terminates and you must immediately destroy any copies you have made
of any of the Content. We make no representation that any Content is
legal or appropriate for use outside of the United States or that it
is authorized for export from the United States or for import into
any other country. You are solely responsible for complying with all
import and export laws and regulations and all applicable laws of any
jurisdiction inside and outside of the United States from which you
may access Rjenda Services.
Our Content is protected by
copyright, trademark, patent, trade secret and other laws, and we own
and retain all rights to its Content and Rjenda Services. We require
users to respect our copyrights, trademarks, and other intellectual
property rights and those of others, including other users. On
notice, we will act expeditiously to remove content on the Rjenda
Services that infringes the copyright rights of others and will
disable the access to Rjenda Services, this Site and its services of
anyone who uses them repeatedly to infringe the intellectual property
rights of others. Specific procedures to notify us about copyright
infringement can be found in this Agreement which describes our
Notice and Procedure for Making Claims of Copyright Infringement.
The brands, names, logos, trade names, trademarks, service
marks and other distinctive identifications ("marks") on or
of Rjenda Services, including, without limitation, "CLUBSQUARE.COM,
INC," and “Rjenda.com” are the intellectual property
of, and proprietary to CLUBSQUARE.COM, INC., its affiliates, its or
their Advertisers, suppliers and others with whom these entities may
do business. You have no right to use any of these marks or any
confusingly similar marks for any purpose without our express prior
written consent.
5. GROUPS, FORUMS, POSTINGS
Rjenda
Services contains forum services, web communities and other message
and communication facilities ("Groups") that may provide
you and other users an opportunity to submit, upload, post, display,
transmit and/or exchange information, ideas, opinions, information,
files, messages, transmissions and Content with other users and/or
with us and these are referred to in this Agreement as a "Post"
or "Posting." Rjenda Services may now or in the future
permit the submission of videos or other communications submitted by
you and other users ("User Submissions") and the hosting,
sharing, and/or publishing of such User Submissions. You understand
that whether or not such User Submissions are published, we do not
guarantee any confidentiality with respect to any submissions. We
reserve the right at all times, but does not have the obligation to
edit, refuse to post, or to remove any Posting, in whole or part,
that we deem inappropriate for inclusion in the Groups, for any
reason or for no reason. We may delete any Content that in our sole
judgment violates this Agreement or which may be offensive, illegal
or violate the rights, harm, or threaten the safety of any person. We
assume no responsibility for monitoring the Services for
inappropriate Content or conduct. If at any time we choose, in our
sole discretion, to monitor Rjenda Services, we nonetheless assume no
responsibility for the Content, no obligation to modify or remove any
inappropriate Content, and no responsibility for the conduct of the
User submitting any such Content. Groups are public and not private
and you should assume your Postings will be read by others, with or
without your knowledge or permission. Although a particular Group may
have a policy of limited membership or access, we shall have no
liability if unauthorized persons nevertheless obtain access to the
Group. Your use of the Groups is at your own risk and you should not
disclose or make available your personal information in any Posting
or in any Group. Remember that once you have uploaded your Posting,
you will not be able to remove it. Your Posting will become public
and some cases permanent.
We do not endorse and has no
control over the Content and we expressly disclaim any and all
liability in connection with User Submissions. You understand that
when using Rjenda Services, you will be exposed to User Submissions
from a variety of sources, and that we are not responsible for the
accuracy, usefulness, safety, or intellectual property rights of or
relating to such User Submissions. You use the Groups solely at your
own risk, you are solely responsible for the Content that you post on
or through any of Rjenda Services, and any material or information
that you transmit to other Members and for your interactions with
other Users. You further understand and acknowledge that you may be
exposed to User Submissions that are inaccurate, offensive, indecent,
or objectionable, and you agree to waive, and hereby do waive, any
legal or equitable rights or remedies you have or may have against us
with respect thereto, and agree to indemnify and hold us, our owners
and Operators, affiliates, and/or licensors, harmless to the fullest
extent allowed by law regarding all matters related to your use of
the site. We neither endorse nor control user Postings available,
delivered or displayed in the Groups and we assume no duty to monitor
or endorse Postings within the Groups, nor do we represent or
guarantee the truthfulness, accuracy or reliability thereof or that
any Posting complies with the terms or conditions of this Agreement
and you should never rely upon any Posting as being true, accurate or
reliable.
You understand, acknowledge and agree that Postings
originating from any User ID are the sole responsibility of the
individual associated with that User ID. This means that you, and not
us or Rjenda Services, are entirely responsible for the consequences
of all your Postings on the Groups or otherwise on Rjenda Services.
Postings do not reflect our views or any Affiliates. In no event
shall we or any Affiliates have or be construed to have any
responsibility or liability for or in connection with any Posting
whatsoever; provided, however, if we determine, in our sole
discretion and judgment, that any Posting does or may violate any of
the terms of this Agreement, we reserve the right, at any time and
without limiting any and all other rights we may have under this
Agreement, at law or in equity, to: (a) refuse to allow you to Post;
(b) remove and delete Postings; (c) revoke your right to use the
Groups and Rjenda Services; and/or (d) use any technological, legal,
operational or other means available to us to enforce the provisions
of this Agreement, including, without limitation, blocking specific
IP addresses or deactivating your registration on Rjenda Services,
this Site and/or the Groups. You retain all of your ownership rights
in your User Submissions. If a Posting originates from you or your
User ID, you hereby agree that:
(a) you are placing the
Posting in the public domain without reservation of any rights or
further control over the Posting or its use and you specifically
authorize Rjenda Services and Affiliates to use such Posting in whole
or in part, throughout the universe, and you are automatically
granting us and Affiliates a royalty-free, worldwide, perpetual,
irrevocable, unrestricted, unconditional, non-exclusive, transferable
license to use, reproduce, modify, publish, edit, adapt, create
derivative works from, translate, distribute, perform, display and
otherwise exploit such Posting and all elements thereof alone or as
part of other works in any form, media, or technology, whether now
known or hereafter developed or discovered, in connection with Rjenda
Services and our (and our successor's) business, including without
limitation for promoting and redistributing part or all of Rjenda
Services (and derivative works thereof) in any media formats and
through any media channels, and to license and sub-license such
rights through multiple tiers of sub-licenses, all without any
notification or obligation to you, of compensation, attribution or
otherwise. You also hereby grant each user of Rjenda Services a
non-exclusive license to access your User Submissions through the
Site, and to use, reproduce, distribute, prepare derivative works of,
display and perform such User Submissions as permitted through the
functionality of the Site and under these Terms of Use. The foregoing
license granted by you terminates once you remove or delete a User
Submission from Rjenda Services;
(b) you represent and warrant
that (i) you own or have the necessary licenses, rights, consents,
and permissions to use and authorize us to use all patent, trademark,
trade secret, copyright or other proprietary rights in and to any and
all User Submissions to enable inclusion and use of the User
Submissions in the manner contemplated by the Site and these Terms of
Use; the Posting is original to you or fully cleared for use as
contemplated herein, (ii) the Posting does and will not, in any way,
violate or breach any of the terms of this Agreement, (iii) the
Posting does not contain libelous, tortious, obscene, defamatory,
threatening, pornographic, harassing , hateful, racially or
ethnically offensive, or encourages conduct that would be considered
a criminal offense, give rise to civil liability, violate any law or
otherwise unlawful or inappropriate information, infringe or violate
any copyright protected by trade secret or otherwise subject to third
party proprietary rights, including privacy and publicity rights,
unless you are the owner of such rights or have permission from their
rightful owner to post the material and to grant us all of the
license rights granted herein, violate any other right, or contain
any matter the publication or sale of which will violate any law,
regulation or other governmental requirement or restriction, (iv) you
have the written consent, release, and/or permission of each and
every identifiable individual person in the User Submission to use
the name or likeness of each and every such identifiable individual
person to enable inclusion and use of the User Submissions in the
manner contemplated by the Site and these Terms of Use, (v) the
Posting will not contain falsehoods or misrepresentations that could
damage us or any third party, (vi) the Posting shall not be damaging
or injurious to us, any affiliates or any user, (vii) you will not
post advertisements or solicitations of business; (viii) you will not
impersonate another person ,and (ix) we shall not be required to pay
or incur any sums to any person or entity as a result of our use or
exploitation of the Posting;
(c) if your Posting incorporates
the name, logo, brand, service or trademark, voice, likeness or image
of any person, firm or enterprise, you specifically represent and
warrant that you have the right to place such Posting in the public
domain and grant us and our affiliates the right to use such Posting
as described above; and
(d) we have the right to delete,
re-format and/or change your Posting in any manner that we may
determine (although you will not be responsible for any such changes
made). We do not permit copyright infringing activities and
infringement of intellectual property rights on its Site. You may not
post, modify, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information belonging to
others without obtaining the prior written consent of the owner of
such proprietary rights. We will remove all Content and User
Submissions if properly notified that such Content or User Submission
infringes on another's intellectual property rights. We reserve the
right to remove Content and User Submissions without prior notice. We
will also terminate a User's access to Rjenda Services, if they are
determined to be a repeat infringer. A repeat infringer is a User who
has been notified of infringing activity more than twice and/or has
had a User Submission removed from the Site more than twice. We also
reserves the right to decide whether Content or a User Submission is
appropriate and complies with these Terms of Use for violations other
than copyright infringement and violations of intellectual property
law, such as, but not limited to, pornography, obscene or defamatory
material, or excessive length. We may remove such User Submissions
and/or terminate a User's access for uploading such material in
violation of these Terms of Use at any time, without prior notice and
at its sole discretion.
In particular, if you are a copyright
owner or an agent thereof and believe that any User Submission or
other content infringes upon your copyrights, you may submit a
notification pursuant to the Digital Millennium Copyright Act
("DMCA") by providing our Copyright Agent with the
following information in writing (see 17 U.S.C 512(c)(3) for further
detail):
(i) A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed;
(ii) Identification of the copyrighted
work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification, a
representative list of such works at that site;
(iii)
Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or
access to which is to be disabled and information reasonably
sufficient to permit the service provider to locate the
material;
(iv) Information reasonably sufficient to permit the
service provider to contact you, such as an address, telephone
number, and, if available, an electronic mail;
(v) A
statement that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner,
its agent, or the law; and
(vi) A statement that the
information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
To contact our
designated Copyright Agent, please see the Notice and Procedure for
Making Claims of Copyright Infringement in this document. The amount
of storage space on Rjenda Services per user is limited and some
Postings may not be processed due to space constraints or outbound
message limitations. You understand, acknowledge and agree we assume
no responsibility for deletion of Postings or any failure to store,
receive or deliver Postings in a timely manner or at all or as to any
other matter relating to Postings. Posting is for noncommercial
purposes only and you may not Post in any manner which does or is
intended to promote or generate revenue for any business enterprise
or commercial activity. We permit you to link to materials on the
Site for personal, non-commercial purposes only.
You are
solely responsible for your interactions with other Rjenda Members.
We reserve the right, but have no obligation, to monitor disputes
between you and other Members.
6. CLAIMS OF COPYRIGHT
INFRINGEMENT AND OTHER VIOLATIONS
If you believe Rjenda
Services contains elements that infringe your copyrights in your
work, please go directly to our Notice and Procedure for Making
Claims of Copyright Infringement and follow the procedures described.
If you believe that any Content on Rjenda Services
(including, without limitation, any Posting) violates any of the
terms or conditions of this Agreement, please contact us at www.rjenda.com/jsp/contactus.jsp.
We cannot guarantee that we will
respond to your message and we reserve the right to take or refrain
from taking any or all steps available to us once we receive any such
message.
7. ADVERTISING
From time to time, you
may communicate with, receive communications from, be re-directed to,
interact with, or participate in or use the services or obtain goods
and services of or from, third parties such as our advertisers,
sponsors, or promotional partners ("Advertisers") as a
result of or in connection with your use of Rjenda Services or a
hyperlinked site. All such communication, interaction and
participation is strictly and solely between you and the Advertiser
involved and we shall not be responsible or liable to you in any way
in connection with these activities or transactions (including,
without limitation, any representations, warranties, covenants,
contracts or other terms or conditions that may exist between you and
the Advertiser or any goods or services you may purchase or obtain
from any Advertiser). We will not be a party to or is in no way
responsible for monitoring any transaction between you and an
Advertiser. You should use your best judgment and exercise caution
where appropriate.
8. RULES OF CONDUCT
Your use
of Rjenda Services is subject to all applicable local, state,
national laws and regulations and, in some cases, international
treaties. You are solely responsible for all activities, acts and
omissions that occur in, from, through or under your User ID. The
following is a partial list of the kind of Content and activity that
is illegal or prohibited to post on or through the Services. We
reserve the right to investigate and take appropriate legal action
against anyone who, in our sole discretion, violates this provision,
including without limitation, removing the offending communication
from Rjenda Services and terminating the accounts of such violators;
and/or reporting you to law enforcement authorities. Prohibited
Content and/or activity include, but are not limited to Content
and/or activity that, in our sole discretion are itemized below. You
shall not use, allow, or enable others to use Rjenda Services, or
knowingly condone use of Rjenda Services by others, in any manner
that is, attempts to, or is likely to:
1) be libelous,
patently offensive, defamatory, indecent, vulgar or obscene,
pornographic, sexually explicit, sexually suggestive or sexually or
violently exploitative, racially, culturally, or ethnically
offensive, harmful, harassing or advocating harassment of another
person, promoting bigotry, hatred or physical harm of any kind
against any group or individual, intimidating, threatening, hateful,
objectionable, discriminatory, or abusive, or which may or may appear
to impersonate anyone else;
2) submit any Content that
contains nudity, violence, or is of an offensive subject matter;
3)
affect us adversely or reflect negatively on us, Rjenda Services,
this Site, our goodwill, name or reputation or cause duress, distress
or discomfort to us or anyone else, or discourage any person, firm or
enterprise from using all or any portion, features or functions of
Rjenda Services, or from advertising, linking or becoming a supplier
to us in connection with the Rjenda Services;
4) further or
promote any criminal activity or enterprise or provides instructional
information about illegal activities including, but not limited to
making or buying illegal weapons, violating someone's privacy, or
providing or creating computer viruses;
5) promote information
that you know is false or misleading or promote illegal activities or
conduct that is abusive, threatening, obscene, defamatory or
libelous;
6) criminal or tortious activity, including child
pornography, fraud, trafficking in obscene material, drug dealing,
gambling, harassment, stalking, spamming, spimming, sending of
viruses or other harmful files, copyright infringement, patent
infringement, or theft of trade secrets;
7) promote an illegal
or unauthorized copy of another person's copyrighted work, such as
providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices,
or providing pirated music or links to pirated music files;
8)
use the Services in a manner inconsistent with any and all applicable
laws and regulations;
9) send or result in the transmission of
junk e-mail, chain letters, duplicative or unsolicited messages
and/or mass mailings, instant messaging, or so-called "spamming,"
“spimming,” and "phishing";
10) be used
for commercial or business purposes without prior written consent,
including, without limitation, advertising, marketing, contests,
sweepstakes, barter, advertising, pyramid schemes or offering goods
or services, whether or not for financial or any other form of
compensation or through linking with any other website or web pages,
advertising to, or solicitation of, any User to buy or sell any
products or services through Rjenda Services. It is also a violation
of these rules to use any information obtained from Rjenda Services
in order to contact, advertise to, solicit, or sell to any User
without their prior explicit consent. In order to protect our Members
from such advertising or solicitation;
11) You may not
transmit any chain letters or junk email to other Users. We reserve
the right to restrict the number of emails which a Member may send to
other Members in any 24-hour period to a number which we deem
appropriate in our sole discretion. If you breach this Agreement and
send unsolicited bulk email, instant messages or other unsolicited
communications of any kind through Rjenda Services, you acknowledge
that you will have caused substantial harm to us, but that the amount
of such harm would be extremely difficult to ascertain. As a
reasonable estimation of such harm, you agree to pay us $50.00 for
each such unsolicited email or other unsolicited communication you
send through Rjenda Services;
12) transmit, distribute or
upload programs or material that contain malicious code, such as
viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or
other potentially harmful programs or other material or
information;
13) interfere with, disrupt, or create an undue
burden on the Services or the networks or services connected to the
Services;
14) forge any TCP/IP packet header or part of the
header information in any e-mail or newsgroup posting for any
reason;
15) cover or obscure the banner advertisements on your
personal profile page, or any Rjenda Services’ page via
HTML/CSS or any other means;
16) any automated use of the
system, such as using scripts to add friends;
17) sell or
otherwise transfer your profile;
18) violate any laws,
regulations (including, without limitation, laws regarding the
transmission of technical data or software exported from the United
States), judicial or governmental order, any treaties or violate or
infringe upon any intellectual property rights, rights of publicity
or privacy, or any other rights of ours or of any other person, firm
or enterprise; no Software may be downloaded from the Services or
otherwise exported or re-exported in violation of U.S. export laws.
By downloading or using the Software, you represent and warrant that
such download or use is not in violation of any such law;
19)
gain unauthorized access to Rjenda Services, other users' accounts,
names, User IDs, personally identifiable information or other
computers, websites or pages, connected or linked to Rjenda Services
or to use Rjenda Services in any manner which violates or is
inconsistent with the terms and conditions of this Agreement;
20)
use the account, username, or password of another User at any time or
disclose your password to any third party or permit any third party
to access your account; or attempt to impersonate another User or
person;
21) solicit passwords or personal identifying
information for commercial or unlawful purposes from other Users; or
solicit personal information from anyone under 18;
22) include
a photograph or image of another person that you have posted without
that person's consent;
23) provide any telephone numbers,
street addresses, last names, URLs or email addresses;
24)
contain restricted or password only access pages or hidden pages or
images (those not linked to or from another accessible page);
25)
modify, disrupt, impair, alter or interfere with the use, features,
functions, operation or maintenance of Rjenda Services or the rights
or use and enjoyment of Rjenda Services by any other person, firm or
enterprise; or
26) collect, obtain, compile, gather,
transmit, reproduce, delete, revise, view or display any material or
information, whether personally identifiable or not, posted by or
concerning any other person, firm or enterprise, in connection with
their or your use of Rjenda Services, unless you have obtained the
express, prior permission of such other person, firm or enterprise to
do so.
9. PROMOTIONS
From time to time, we,
our affiliates, or Rjenda Services service providers, suppliers, and
Advertisers may conduct promotions on or through the Rjenda Services,
including, without limitation, auctions, contests and sweepstakes
("Promotions"). Each Promotion may have additional Rules
which will be posted or otherwise made available to you and, for
purposes of each Promotion, will be deemed incorporated into and form
a part of this Agreement; provided, however, if there is any conflict
between the Rules for any particular Promotion and these Terms of
Use, the Rules shall govern for that Promotion.
10.
HYPERLINKS TO THIRD PARTY SITES
The appearance,
availability, or your use of URLs or hyperlinks referenced or
included anywhere on Rjenda Services or any other form of link or
re-direction of your connection to, with or through Rjenda Services,
does not constitute an endorsement by, nor does it incur any
obligation, responsibility or liability on the part of us, our
Affiliates or any of its or their respective officers, directors,
employees, agents, representatives, licensors, suppliers, and service
providers, successors and permitted assigns. We do not verify,
endorse, or have any responsibility for, any such third party sites,
their business practices (including the Privacy Policy), or any goods or services
associated with or obtained in connection with any such site, whether
we or any Affiliates' logo or sponsorship identification is on the
third party site as part of a co-branding or promotional
arrangement.
If any third party site obtains or collects
Personal Information from you, in no event shall we assume or have
any responsibility or liability. Please read our Privacy Policy,
which describes how we collect and use your Personal Information and
co-branding relationships.
These Terms of Use apply to all
users of Rjenda Services, including users who are also contributors
of video content, information, and other materials or services on the
Site. Rjenda Services may contain links to third party websites that
are not owned or controlled by us. We have no control over, and
assumes no responsibility for, the content, privacy policies, or
practices of any third party websites. In addition, we will not and
cannot censor or edit the content of any third-party site. By using
the Site, you expressly relieve us from any and all liability arising
from your use of any third-party website. Accordingly, we encourage
you to be aware when you leave this Site and to read the terms and
conditions and privacy policy of each other website that you
visit.
11. TERMINATION OF YOUR REGISTRATION
You may terminate your registration, at any time and for any reason, by
contacting us at www.rjenda.com/jsp/contactus.jsp
with your username,
e-mail address and requesting termination of your registration.
We will use commercially reasonable efforts to promptly remove your registration
from the Rjenda Services and the Site. We may terminate your use of and registration
on Rjenda Services and this Site, at any time and for any reason, with or without cause,
without prior notice to you and without any liability or further obligation of any kind
whatsoever to you or any other party.
12. DISCLAIMER AND
LIMITATIONS OF LIABILITY
RJENDA SERVICES,
FEATURES, FUNCTIONS, CONTENT, PRODUCTS AND CAPABILITIES ARE MADE
AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF
MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN ADDITION, WE MAKE AND PROVIDE NO GUARANTY OR
ASSURANCE RJENDA SERVICES OR ANY CONTENT WILL OPERATE WITHOUT
INTERRUPTION OR THAT ALL SERVICES, PRODUCTS, FEATURES, FUNCTIONS,
CONTENT OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR AT
ANY PARTICULAR TIME OR TIMES. WITHOUT LIMITING THE FOREGOING, WE ARE
NOT RESPONSIBLE OR LIABLE FOR 1) MALICIOUS CODE, DELAYS,
INACCURACIES, ERRORS, OMISSIONS, MISTAKES OR OMISSIONS ARISING OUT OF
YOUR USE OF RJENDA SERVICES OR ANY SITES LINKED TO RJENDA SERVICES 2)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN 3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
OUR SITE, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY
BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR 5) THE
DEFAMATORY, OFFENSIVE, INFRINGING, BREACHING, FRAUDULENT, OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE
THAT YOU ARE ASSUMING THE ENTIRE RISK OF USING RJENDA SERVICES AND
THE FEATURES AND FUNTIONS OF AND/OR ASSOCIATED WITH RJENDA SERVICES.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT
PERMISSIBLE BY LAW, NEITHER WE, OUR AFFILIATES, OR WE OR THEIR
RESPECTIVE SUCCESSORS AND ASSIGNS, NOR ANY OF ITS OR THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES,
SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL BE LIABLE FOR ANY
LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH
OR ARISING FROM USE OF CLUBSQUARE SERVICES OR RELATED TO THIS
AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY,
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES,
REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding
any claim that a sole or exclusive remedy which is provided in this
Agreement may or does fail of its essential purpose, you specifically
acknowledge and agree that your sole and exclusive remedy for any
loss or damage shall be to have us, upon written notice from you,
attempt to repair, correct or replace any deficient goods or services
under this Agreement and, if repair, correction or replacement is not
reasonably commercially practicable, to refund any monies actually
paid by you for the services involved and to terminate and
discontinue your registration and use of Rjenda Services. You further
understand and acknowledge the capacity of Rjenda Services, in the
aggregate and for each user, is limited and some messages and
transmissions may not be processed in a timely fashion or at all, and
some services, features or functions may be restricted or delayed or
become completely inoperable. As a result, you acknowledge and agree
that we assume no liability, responsibility or obligation to
transmit, process, store, receive or deliver transactions or Postings
or for any failure or delay associated with any Postings and you are
hereby expressly advised not to rely upon the timeliness or
performance of Rjenda Services for any transactions or Postings. Some
jurisdictions do not allow for the exclusion of certain warranties or
certain limitations on damages and remedies, accordingly some of the
exclusions and limitations described in this Agreement may not apply
to you.
Privacy policy is controlled and offered by us from our
facilities in the United States of America. We make no
representations that this Site is appropriate or available for use in
other locations. Those who access or use this Site from other
jurisdictions do so at their own volition and are responsible for
compliance with local law.
13. INDEMNIFICATION
You
agree to indemnify, defend and hold us, our affiliates, subsidiaries
and our and their respective officers, directors, partners,
employees, agents, licensors, representatives, Advertisers, service
providers and suppliers harmless from and against: (i) any and all
claims, actions, losses, expenses, damages, demand, obligation,
liabilities, debt and costs (including reasonable attorneys' fees),
resulting from any breach or violation of this Agreement by you, or
resulting from your use of Rjenda Services and/or Postings and/or any
Content you provide, submit or make available on or through Rjenda
Services or your unauthorized use of any Content (ii) your violation
of any third party right, including without limitation any copyright,
property, or privacy right; or (iii) any claim that one of your
Postings caused damage to a third party. This defense and
indemnification obligation will survive these Terms of Use and your
use of the Rjenda Services.
We reserve the right to assume,
at its sole expense, the exclusive defense and control of any such
claim or action and all negotiations for settlement or compromise,
and you agree to fully cooperate with us in the defense of any such
claim, action, settlement or compromise negotiations, as requested by
us.
14. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS
TERMS
This Agreement, including, without limitation, our
Privacy Policy, any Rules and any additional terms and conditions
that apply to your use of any specific services, features and
functions or the purchase of any products, as well as any other
documents, policies and provisions we refer to in any of the
foregoing, all of which are hereby incorporated by this reference,
contains the entire understanding and agreement between you and us
and supersedes any and all prior, inconsistent or other
understandings relating to Rjenda Services and your use of Rjenda
Services. This Agreement cannot be modified, changed or terminated,
except as specifically described in Section 2. If any provision of
this Agreement is held to be illegal, invalid or unenforceable, this
will not affect any other provisions and this Agreement will be
deemed amended to the extent necessary to make it legal, valid and
enforceable. Any provision which must survive in order to allow us to
enforce its meaning shall survive termination of this Agreement;
provided, however, no action arising out of this Agreement or your
use of Rjenda Services, regardless of form or the basis of the claim,
may be brought by you more than one year after the cause of action
has arisen (or if multiple causes, from the date the first such cause
arose).
This Agreement and your use of Rjenda Services shall
be governed by, construed and enforced in accordance with the
substantive laws of the State of California applicable to contracts
made, executed and wholly performed in that State, and, for the
purposes of any and all legal or equitable actions, you specifically
agree and submit to the exclusive jurisdiction and venue of the State
and Federal Courts situated in the State of California and County of
Marin and agree you will not object to such jurisdiction or venue on
the grounds of lack of personal jurisdiction, forum non conveniens or
otherwise; provided, however, that notwithstanding the foregoing, you
agree that we have the right to commence and prosecute an action
against you in connection with this Agreement, in your home
jurisdiction. To the extent it may be applicable, you agree to opt
out from and expressly exclude any applicability of the Uniform
Computer Information Transactions Act.
IN ANY ACTION OR
PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE
PARTIES UNDER THIS AGREEMENT, YOUR USE OF RJENDA SERVICES OR WITH
RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU
MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. YOU AND US
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITEF
MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
A
printed version of this Agreement and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this Agreement to the same
extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
Copyright © 2008 CLUBSQUARE.COM, INC. - All Rights
Reserved.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF
THE PROVISIONS CONTAINED ABOVE
Notice and Procedure for
Making Claims of Copyright Infringement Pursuant to Title 17, United
States Code, Section 512(c)(2), all notifications of claimed
copyright infringement on Rjenda Services should be sent ONLY to our
Designated Agent. NOTE: The following information is provided solely
for notifying the service providers referenced below that your
Copyrighted material may have been infringed.
DO NOT SEND
ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR
TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE,
etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF
SENT TO THAT CONTACT.
WE CAUTION YOU THAT UNDER FEDERAL LAW,
IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU
MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY
DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY
COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED
AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO
BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written
notification must be submitted to the following Designated Agent:
Service Provider(s): CLUBSQUARE.COM, INC.
Name of Agent
Designated to Receive Notification of Claimed Infringement: Daniel A.
Pepper, Esq. Full Address of Designated Agent to Which Notification
Should be Sent: Pepper Law Group, LLC, 21 E. High Street, Suite D,
Somerville, NJ 08876
Telephone Number of Designated Agent:
(908) 698-0330
Facsimile Number of Designated Agent: (908)
248-9220
E-mail Address of Designated Agent:
info@informationlaw.com.
For clarity, only DMCA notices should go to the Copyright Agent; any
other feedback, comments, requests for technical support, and other
communications should be directed to the Webmaster at www.rjenda.com/jsp/contactus.jsp. You acknowledge that if you fail to
comply with all of the requirements of this Section 5(D), your DMCA
notice may not be valid.
Under Title 17, United States Code,
Section 512(c)(3)(A), the Notification of Claimed Infringement must
include the following:
(1) An electronic or physical
signature of the owner or of the person authorized to act on behalf
of the owner of the copyright interest;
(2) Identification of
the copyrighted work (or works) that you claim has been infringed;
(3) A description of the material that you claim is
infringing, and the location where the original or an authorized copy
of the copyrighted work exists (for example, the URL of the page of
the website where it is lawfully posted; the name, edition and pages
of a book from which an excerpt was copied, etc.);
(4) A
clear description of where the infringing material is located on our
website, including as applicable its URL, so that we can locate the
material; (5) Your name, address, telephone number, and e-mail
address;
(6) A statement that you have a good-faith belief
that the disputed use is not authorized by the copyright owner, its
agent, or the law; and
(7) A statement by you, made under
penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on
the copyright owner's behalf.