Deaf
Clubs ("DeafClubs.com") operates the Deaf Clubs site and
provides its services (The Deaf Clubs site and services are collectively
referred to as "DeafClubs.com") to you, subject to your
agreement to abide and be bound by these Terms of Use ("Terms
of Use"). These Terms of Use set forth the terms,
conditions, rules and regulations which shall apply to your use of DeafClubs.com.
Unless explicitly stated otherwise, any new feature that supplements or
enhances the current DeafClubs.com site or services, shall be subject to
these Terms of Use. You understand and agree that DeafClubs.com is
provided "AS IS" and WITHOUT WARRANTIES, and that DeafClubs.com
assumes no responsibility for the timeliness, deletion, mis-delivery or
failure to store any user communications or personalization settings. In
order to use DeafClubs.com, you must obtain access to the world wide
web, either directly or through devices that access web-based content,
and pay any service fees associated with such access. In addition, you
must provide all equipment necessary to make such connection to the
world wide web, including a computer and modem or other access device.
Before
you get started, you should know that DeafClubs.com has been designed to
appeal to people over the age of 13. Consequently, the subject matter,
language and other content may not be suitable for users under age 13.
If you have provided us with information that you are under age 13, we
cannot collect any information from you, personal or otherwise, without
the prior approval of your parent or guardian. DeafClubs.com reserves
the right to change the TERM OF SERVICE at anytime with or without
notice.
A.
AGREEMENT .
By
accessing DeafClubs.com, you are entering into an agreement with DeafClubs.com,
and accept and agree to be bound by each and all of these Terms of
Service. DeafClubs.com may amend, alter and update these Terms of
Service, at any time and without notice to you, by posting the amended
terms or new Terms of Use on this web site. The amended terms or new
Terms of Use shall become effective immediately and automatically
upon posting, and you agree to be bound by such amended terms and new
Terms of Use.
B.
YOUR OBLIGATIONS .
In
addition to your other obligations under these Terms of Use and in
consideration of your use of DeafClubs.com, you agree to: (i) provide
true, accurate, current and complete information about yourself as
prompted by the DeafClubs.com registration form or when otherwise
requested, and (ii) maintain and promptly update such personal
information to keep it true, accurate, current and complete. If you
provide any personal information that is untrue, inaccurate, not current
or incomplete, or DeafClubs.com has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, DeafClubs.com
has the right to suspend or terminate your account and refuse any and
all current or future use of DeafClubs.com, or any portion thereof.
C.
PRIVACY POLICY .
Personal
information about you is subject to our privacy policy. For more
information, please see our full privacy
policy
D.
CONDUCT .
You
agree to not use DeafClubs.com to: (i) upload, post, e-mail or otherwise
transmit any content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable; (ii) harm minors in any way; (iii) impersonate any person
or entity, including, but not limited to, a DeafClubs.com official, or
falsely state or otherwise misrepresent your affiliation with a person
or entity;(iv) forge headers or otherwise manipulate identifiers in
order to disguise the origin of any content transmitted through the DeafClubs.com;
(v) upload, post, e-mail or otherwise transmit any content that you do
not have a right to transmit under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements); (vi) upload, post,
e-mail or otherwise transmit any content that infringes any patent,
trademark, trade secret, copyright or other intellectual property or
other proprietary rights ("Intellectual Property Rights") of
any party; (vii) upload, post, e-mail or otherwise transmit any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except
in those areas (such as shopping rooms) that are designated for such
purpose; (viii) upload, post, e-mail or otherwise transmit any material
that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment; (ix)
disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of DeafClubs.com are able to
type, or otherwise act in a manner that negatively affects other users'
ability to engage in real time exchanges; (x) interfere with or disrupt DeafClubs.com
or its servers or networks connected to DeafClubs.com, or disobey any
requirements, procedures, policies or regulations of networks connected
to DeafClubs.com; (xi) intentionally or unintentionally violate any
applicable local, state, national or international law, including, but
not limited to, regulations promulgated by the U.S. Securities and
Exchange commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ, and any regulations having
the force of law; (xii) "stalk" or otherwise harass another;
or (xiii) collect or store personal data about other users. You
acknowledge that DeafClubs.com does not pre-screen content, but that DeafClubs.com
and its designees shall have the right, but not the obligation, in their
sole discretion to refuse or move any content that is available via DeafClubs.com.Without
limiting the foregoing, DeafClubs.com and its designees shall have the
right to remove any Content that violates these Terms of Use or is
otherwise objectionable. You agree that you must evaluate, and bear all
risks associated with, the use of any content, including any reliance on
the accuracy, completeness, or usefulness of such content. You
acknowledge and agree that DeafClubs.com may preserve content and may
also disclose content if required to do so by law or if such
preservation or disclosure is reasonably necessary to: (i) comply with
legal process; (ii) enforce the Terms of Use; (iii) respond to
claims that any Content violates the rights of third-parties; or (iv)
protect the rights, property, or personal safety of DeafClubs.com, its
users and the public. You understand that the technical processing and
transmission of DeafClubs.com, including your content, if any, may
involve (i) transmissions over various networks; and (ii) changes to
conform and adapt to technical requirements of connecting networks or
devices.
E.
INTERNATIONAL USE .
Recognizing
the global nature of the Internet, you agree to comply with all local
rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which
you reside.
F.
INDEMNITY.
You
agree to indemnify and hold harmless DeafClubs.com, and its
subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, and their successors, licensees and assigns
from any claim or demand, including attorneys' fees, made by any third
party due to or arising out of Content you submit, or transmit through DeafClubs.com,
your use of DeafClubs.com, your connection to DeafClubs.com, your
violation of the Terms of Use, or your violation of Intellectual
Property Rights, or any other rights of another.
G.
NO RESALE OF DEAF CLUBS SERVICES .
You
agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of DeafClubs.com, use of DeafClubs.com,
or access to DeafClubs.com.
H.
MODIFICATIONS TO DEAF CLUBS SERVICES.
DeafClubs.com
reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, DeafClubs.com (or any part
thereof) with or without notice. You agree that DeafClubs.com shall not
be liable to you or to any third party for any modification, suspension
or discontinuance of the DeafClubs.com.
I.
DEALINGS WITH ADVERTISERS .
Your
correspondence or business dealings with, or participation in promotions
of, advertisers found on or through DeafClubs.com, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that DeafClubs.com shall not
be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such
advertisers on DeafClubs.com.
J.
LINKS .
DeafClubs.com
may provide, or third parties may provide, links to other world wide web
sites or resources. Because DeafClubs.com has no control over such sites
and resources, you acknowledge and agree that DeafClubs.com is not
responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that DeafClubs.com
shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such content, goods or services available on
or through any such site or resource.
K.
DISCLAIMER OF WARRANTIES .
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF DeafClubs.com IS AT
YOUR SOLE RISK. DeafClubs.com IS ON AN "AS IS" AND "AS
AVAILABLE" BASIS. DeafClubs.com EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. (ii) DeafClubs.com MAKES NO WARRANTY THAT
(a) DeafClubs.com WILL MEET YOUR REQUIREMENTS, (b) DeafClubs.com WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF DeafClubs.com WILL BE ACCURATE OR RELIABLE,
(d) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH DeafClubs.com WILL MEET YOUR
EXPECTATIONS, AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(iii) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF DeafClubs.com
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (iv) NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DeafClubs.com
OR THROUGH OR FROM DeafClubs.com SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE Terms of Use.
L.
LIMITATION OF LIABILITY .
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT DeafClubs.com SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DeafClubs.com
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE DeafClubs.com; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM DeafClubs.com; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON DeafClubs.com; OR (v) ANY
OTHER MATTER RELATING TO DeafClubs.com.
M.
EXCLUSIONS AND LIMITATIONS.
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
N.
NOTICES .
Notices
to you may be made via either e-mail or regular mail. DeafClubs.com may
also provide notices of changes to the Terms of Use or other matters
by displaying notices or links to notices to you generally on DeafClubs.com.
O.
TRADEMARK INFORMATION .
DeafClubs.com,
the DeafClubs.com logo, trademarks and service marks, and other DeafClubs.com
logos and product and service names are trademarks of DeafClubs.com (the
"DeafClubs.com"). Without DeafClubs.com's prior permission,
you agree not to display or use in any manner, the DeafClubs.com Marks.
P.
COPYRIGHTS and COPYRIGHT AGENTS .
DeafClubs.com
respects the Intellectual Property of others, and we ask our users to do
the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide DeafClubs.com the
following information: (i) an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright
interest; (ii) a description of the copyrighted work that you claim has
been infringed; (iii) a description of where the material that you claim
is infringing is located on the site; (iv) your address, telephone
number, and e-mail address; (v) a statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; (vi) 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. Any claims of copyright infringement on DeafClubs.com
can be sent to
Q.
GENERAL INFORMATION .
The
Terms of Use constitute the entire agreement between you and DeafClubs.com,
governs your use of DeafClubs.com and supercedes any prior agreements
between you and DeafClubs.com. You also may be subject to additional
terms and conditions that may apply when you use affiliate services,
third-party content or third-party software. The Terms of Use and
the relationship between you and DeafClubs.com shall be governed by the
laws of the State of New York without regard to its conflict of law
provisions. You and DeafClubs.com agree to submit to the personal and
exclusive jurisdiction of the state and federal courts located within
the county of New York. The failure of DeafClubs.com to exercise or
enforce any right or provision of the Terms of Use shall not
constitute a waiver of such right or provision. If any provision of the
Terms of Use is found by a court of competent jurisdiction 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 the other provisions of the Terms of Use remain in full force
and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use
of DeafClubs.com or the Terms of Use must be filed within one (1)
year after such claim or cause of action arose or be forever barred. The
section titles in the Terms of Use are for convenience only and have
no legal or contractual effect.
R.
VIOLATIONS .
Please
report any violations of the Terms of Use to us at
.
