|
Terms Of Service
|
PLEASE READ THIS TERMS OF SERVICE AGREEMENT BEFORE REGISTERING YOUR BOICLUBPARTY.COM ACCOUNT OR PROVIDING ANY
ADDITIONAL PERSONAL INFORMATION TO BOICLUBPARTY.COM. BY COMPLETING THE REGISTRATION PROCESS, CHOOSING
THE "ACCEPT" BUTTON AND OTHERWISE ACCESSING AND UTILIZING THE BOICLUBPARTY.COM
SERVICES AND WEB SITE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY CANCEL YOUR REGISTRATION
BY CHOOSING THE "I DO NOT ACCEPT" BUTTON AND EXITING FROM THE BOICLUBPARTY.COM
ACCOUNT REGISTRATION TEMPLATE.
This Terms of Service Agreement (the "Agreement") sets forth the terms
and conditions by which various services (the "Services") are made available
to you (the "Member") by BoiclubParty.com ("Boiclub") through http://www.boiclubparty.com
(the "Site"). |
1.0 SERVICES The Services provide
Member with the ability to (a) register and change Member"s romantic
connection or connections (each a "Connection") on the Boiclub
Site; (b) have Boiclub automatically inform, via e-mail to the
addresses provided
by Member, each registered Connection that someone else has registered
a Connection on them through the Boiclub Site; and (c) be notified
automatically if and when another Member (including one who has registered
as a result of Member"s registering a Connection on that Member) registers
a Connection on Member. Member may also utilize certain additional
services
offered from time to time such as chat and other communication services,
shopping and e-commerce offerings, and various informational services.
Boiclub reserves the right to enhance, modify or discontinue the
Services, in whole or in part, at any time, for any reason, or for
no
reason at all, at Boiclub"s sole discretion, with or without notice
to Member, with no obligation to Member.
2.0 REGISTRATION AND ACCEPTANCE 2.1 Age of Consent: By
registering and accepting this Agreement, Member represents and warrants
that he or she is 18 years of age or older. 2.2 Authority to Participate:
By registering and accepting this Agreement, Member represents and warrants
that he or she can lawfully bind him or herself to this Agreement in the
jurisdiction where Member is located. No Member may participate where
doing so would be prohibited by any law or regulation having the force
of law applicable to Member. 2.3 Information Submitted by Member: By registering
and accepting this Agreement, Member represents and warrants (i) that
all information submitted by Member is true, accurate, current and complete;
and (ii) that Member shall maintain and update information submitted in
registering for the Services in order to keep it true, accurate, current
and complete at all times. If any information that Member submits in the
registration process is untrue, inaccurate, not current or incomplete,
Boiclub shall have the right to terminate Member"s use of the Services.
2.4 Modification or Amendment: Boiclub reserves the right to modify
or amend this Agreement unilaterally at any time, for any reason, or for
no reason at all, at Boiclub"s sole discretion, without prior notice
to Member. The most recent version of this Agreement shall be posted on
the Boiclub site. It is the Member"s sole responsibility to keep
him or herself apprised of any such modifications or amendments.
3.0 USE OF MEMBER DATA Member acknowledges and agrees
that it is necessary for Boiclub to use the data submitted by
Member in
Member"s initial application and registration template and submitted
later by Member during use of the Services (the "Member data") in order
for Boiclub to provide the Services to Member. Member hereby grants
Boiclub
a royalty-free, perpetual, irrevocable and worldwide license to use,
manipulate, collate, organize, create derivative works from, and disclose
(whether
by sale, license or otherwise) the Member data (without disclosing
the identity of Member"s connections or matches), consistent with the
terms
and conditions of this Agreement and with Boiclub"s Privacy Policy,
for the purpose of providing the Services and for marketing and promotional
activities. This provision shall survive termination of this Agreement.
4.0 MEMBER CONDUCT Member represents and warrants as follows:
* Member shall comply with the terms and conditions of this Agreement.
* Member shall comply with all applicable laws and regulations having
the force of law, including, without limitation, those laws and regulations
pertaining to intellectual property, rights of privacy and publicity,
defamation, and obscenity. * Member shall not use the Services or the
Boiclub Site to transmit any communication, message, or content
that
is fraudulent, misleading, deceptive, harassing, threatening, harmful,
libelous, defamatory, abusive, slanderous, hateful, sexually, racially
or ethnically objectionable, vulgar, pornographic, obscene, indecent,
or otherwise objectionable or unlawful. * Member shall not attempt
to
gain unauthorized access to Boiclub"s database or other computer
systems. * Member shall not attempt to interfere with any other person"s
use of the Services. * Member shall not misrepresent his or her identity
or impersonate any person, including, but not limited to, any employee
of Boiclub. * Member shall not engage in any activity that constitutes
or facilitates "spamming" or the sending of mass, unsolicited messages.
* Member shall only use the Services for Member"s personal use and
shall
not use the Boiclub Site or the Services for any commercial purpose,
including any resale, timesharing, sublicensing, or transfer of the
Services.
* Member shall not use the Boiclub Site or the Services to disseminate
any information about persons less than 18 years of age. * Member shall
not hold him or herself out as sponsored by, endorsed by or affiliated
with BoiclubParty.com. * Member shall not attempt to modify, translate,
adapt, edit, decompile, disassemble or reverse engineer any software
programs
used by Boiclub in connection with the Boiclub Site or the
Services. * Member shall not engage in any activity that disrupts,
diminishes the
quality of, interferes with the performance of or impairs the functionality
of, the Services or the Boiclub Site, including, without limitation,
the use of any virus, worm, trojan horse, time bomb, trap door, denial
of service attack, automated repetitive requests for information or
any
other device that causes damage to any hardware, software or equipment
used in connection with the Services or the Boiclub Site. All
judgments
concerning the applicability of these guidelines shall be in the sole
and exclusive discretion of Boiclub. Boiclub reserves the
right,
but does not assume any obligation, to monitor the Services to enforce
these guidelines. Nor does Boiclub guarantee that any monitoring
it does perform will be to Member"s satisfaction. Upon learning of
any
violation of this Agreement, Boiclub, at its sole discretion,
may (i) require Member to remedy such violation; (ii) partially or
completely
block access to Member"s account; (iii) suspend or terminate Member"s
use of the Services; and/or (iv) take any other actions that Boiclub
deems appropriate to enforce its rights and pursue all available remedies.
5.0 INTELLECTUAL PROPERTY 5.1 BoiclubParty.com Intellectual
Property and Proprietary Rights: Member acknowledges that the Services
and the
Boiclub Site are protected by certain proprietary and intellectual
property rights belonging to Boiclub and that Member has no right,
title or interest in the Services of the Boiclub Site. All copyrights,
patents, trademarks, service marks, trade secrets, database rights
and
other proprietary rights pertaining to the Services and the Boiclub
Site are the sole and exclusive property of Boiclub and/or its
licensors.
This provision shall survive termination of this Agreement. 5.2 Third
Party Intellectual Property and Proprietary Rights: Boiclub will
process, investigate and respond to any notification of infringement
of
any third party"s intellectual property and proprietary rights in accordance
with applicable laws, including, without limitation, the Digital Millennium
Copyright Act. Notifications should contain the following information:
* A physical or electronic signature of a person authorized to act
on
behalf of the owner of an exclusive right that is allegedly infringed.
* Identification of the work claimed to have been infringed, or if
multiple
works, at a single online site are covered by a single notification,
a representative list of such works at that site. * 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 Boiclub to locate
the material. * Information reasonably sufficient to permit Boiclub
to contact the complaining party, such as an address, telephone number,
and if available, an electronic mail address at which the complaining
party may be contacted. * A statement that the complaining party has
a
good faith belief that use of the material in the manner complained
of is not authorized by the owner of the right in question, its agent
or
the law. * A statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining party
is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed. All such notifications should be directed to:
E-mail address:
welcome "At Sign" boiclubparty.com
Please include "Notification of Infringement" in the subject matter
of any such notification.
6.0 DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY 6.1
Disclaimer of Warranties: MEMBER AGREES THAT USE OF THE BOICLUBPARTY
SITE AND THE SERVICES IS ENTIRELY AT MEMBER"S OWN RISK. THE BOICLUBPARTY
SITE
AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES
OF ANY KIND. ALL EXPRESS IMPLIED AND STATUTORY WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR
PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED
TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED
BY LAW, BOICLUBPARTY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY AND PERFORMANCE OF THE BOICLUBPARTY SITE AND THE
SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, BOICLUBPARTY DISCLAIMS
ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED
ON THE BOICLUBPARTY SITE OR THE SERVICES OR ACCESSED THROUGH ANY LINKS
ON THE BOICLUBPARTY SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BOICLUBPARTY
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION
WITH THE BOICLUBPARTY SITE OR THE SERVICES. Some jurisdictions do not
allow the disclaimer of implied warranties. In such jurisdictions,
the
foregoing disclaimers may not apply to you insofar as they relate to
implied warranties. This provision shall survive termination of this
Agreement.
6.2 Limitation of Liability: UNDER NO CIRCUMSTANCES SHALL BOICLUBPARTY.COM
BE LIABLE ON ACCOUNT OF MEMBER"S USE OR MISUSE OF THE BOICLUBPARTY SITE
OR THE SERVICES OR RELIANCE ON THE BOICLUBPARTY SITE OR THE SERVICES.
SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES
(EVEN IF BOICLUBPARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM
USE OR MISUSE OF THE BOICLUBPARTY SITE OR THE SERVICES, FROM INABILITY
TO USE THE BOICLUBPARTY SITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION OR TERMINATION OF THE BOICLUBPARTY SITE OR THE
SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED
BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED
IN CONNECTION WITH THE BOICLUBPARTY SITE OR THE SERVICES OR ANY LINKS
ON THE BOICLUBPARTY SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BOICLUBPARTY SITE
OR THE SERVICES OR ANY LINKS ON THE BOICLUBPARTY SITE. SUCH LIMITATION
SHALL APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,
LOST PROFITS OR LOST DATA. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THESE LIMITATIONS
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,
limitations of liability are not permitted. In such jurisdictions, the
foregoing limitation may not apply to you. This provision shall survive
termination of this Agreement.
6.3 Disclaimer Regarding International Use: BOICLUBPARTY MAKES NO
REPRESENTATION OR WARRANTY THAT THE BOICLUBPARTY SITE OR THE SERVICES
WILL BE APPROPRIATE OR AVAILABLE IN ANY LOCATION OUTSIDE THE UNITED STATES
AND ANY ACCESS OF THE BOICLUBPARTY SITE OR THE SERVICES IN JURISDICTIONS
WHERE SUCH ACCESS WOULD BE ILLEGAL IS PROHIBITED. ANY INDIVIDUAL WHO ACCESSES
THE BOICLUBPARTY SITE OR THE SERVICES IN ANY JURISDICTION OUTSIDE THE
UNITED STATES DOES SO ON HIS OR HER OWN INITIATIVE AND ASSUMES ALL RESPONSIBILITY
FOR COMPLIANCE, AND ALL RISK OF NONCOMPLIANCE, WITH ALL APPLICABLE LAWS
AND REGULATIONS HAVING THE FORCE OF LAW. This provision shall survive
termination of this Agreement.
7.0 INDEMNITY Member agrees to indemnify and hold harmless Boiclub
and its parent corporations, subsidiary corporations, affiliates, successors,
assigns, directors, officers, agents, employees, independent contractors,
accountants, lawyers, licensors, service providers and suppliers for any
and all claims and expenses, including attorneys" fees and costs, arising
out of or relating to Member"s use or misuse of the Boiclub Site
or the Services, including any conduct by Member that breaches this Agreement.
This provision shall survive termination of this Agreement.
8.0 FORCE MAJEURE WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS
OF WARRANTIES AND LIMITATIONS OF LIABILITY CONTAINED IN SECTION 6.0, UNDER
NO CIRCUMSTANCES SHALL BOICLUBPARTY BE HELD LIABLE FOR ANY DELAY OR FAILURE
IN PERFORMANCE UNDER THIS AGREEMENT RESULTING DIRECTLY OR INDIRECTLY FROM
ACTS OF NATURE, FORCES OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING,
WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATIONS
EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES,
STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES
OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD,
WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS,
NONPERFORMANCE OF THIRD PARTIES OR LOSS OR FLUCTUATIONS IN HEAT, LIGHT
OR AIR CONDITIONING. This provision shall survive termination of this
Agreement.
9.0 LIMITATIONS OF ACTIONS MEMBER AGREES THAT, REGARDLESS OF ANY
STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION OF MEMBER
ARISING
OUT OF, OR RELATED TO, MEMBER"S USE OF THE BOICLUBPARTY SITE OR THE
SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE
OF ACTION
AROSE, OR BE FOREVER BARRED. This provision shall survive termination
of this Agreement.
10.0 RELATIONSHIP OF PARTIES Boiclub and Member are independent
contractors under this Agreement, and nothing herein shall be construed
to create a partnership, joint venture, agency or employment relationship.
Neither party pursuant to this Agreement has authority to enter into agreements
of any kind on behalf of the other, and neither party shall be considered
the agent of the other.
11.0 NONWAIVER AND SEPARABILITY Boiclub"s failure to exercise
any right or provision of this Agreement shall not constitute a waiver
of such right or provision. If a court of competent jurisdiction holds
any provision of this Agreement to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties" intentions
as reflected in the provision and agree that the other provisions of this
Agreement shall remain in full force and effect. This provision shall
survive termination of this Agreement.
12.0 NO RESALE, ASSIGNMENT, OR SUBLICENSING Member agrees not
to resell, assign, sublicense, otherwise transfer or delegate his or her
rights or obligations under this Agreement without the prior express written
consent of an authorized executive officer representative of Boiclub.
This provision shall survive termination of this Agreement.
13.0 HEADINGS All headings in this Agreement are for convenience
only and shall have no legal or contractual effect.
14.0 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon
and inure to the benefit of the parties hereto and their respective heirs,
successors and assigns. This provision shall survive termination of this
Agreement.
15.0 CHOICE OF LAW This Agreement shall be governed by and in
accordance with the laws of the United States and the State of Michigan
as applied to agreements entered into and to be performed entirely within
that State between residents of that State. The State and federal courts
of Michigan shall be the exclusive forum, jurisdiction, and venue to
resolve any and all disputes arising out of or relating to this Agreement.
Member consents to personal jurisdiction and venue in the State and federal
courts in Michigan. This provision shall survive termination of this
Agreement.
16.0 MERGER CLAUSE This Agreement constitutes the entire agreement
between the parties with respect to the subject matter contained herein
and supersedes any other agreement, proposals and communications, written
or oral, between Boiclub representatives and Member with respect
to the subject matter hereof.
17.0 TERMINATION This Agreement may be terminated by Member at
any time by discontinuing use of the Services. This Agreement may be terminated
by Boiclub (i) automatically upon any violation of this Agreement,
with or without prior notice to Member, at Boiclub"s sole discretion;
(ii) at any time, for any reason, or no reason at all, with or without
prior notice to Member, upon Boiclub"s blocking of Member"s access
to the Services, discontinuation of Member"s account and/or notification
to Member at the e-mail address provided in Member"s registration. Upon
any termination by Boiclub, Member shall discontinue any effort to
access the Boiclub Site or the Services.
18.0 PARENTAL CONTROLS Certain materials available on the Internet
are not appropriate for minors. To prevent or limit the access of children
to such materials, a number of parental control protections (such as computer
hardware, software and filtering services) are commercially available.
For more information on such parental control protections, you may wish
to visit the following sites:
|
|