Club462® Terms and Conditions.

1. Agreement modifications and creation dates:
• Created on: July 15, 2007.
• last modified on: Never.
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2. Definitions:
• "Service" refers to the Club462® service.
• "We, Us and Our" refers to Club462®.
• "You" refers to you specifically as a user of our service or "You" refers to you as a couple, which is considered a single user of our service.
• "User(s)" refers to any user(s) of our service.
• "Agreement" refers to this legal document know as Terms and Conditions.
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3. Understanding:
• Please read this agreement carefully as it is a binding contract between you and us. It is imperative that if you do not understand or concur with this agreement, that you do not register. By registering for this service, you are agreeing to be bound by this agreement. If you have any questions regarding this agreement, please contact our customer-service at customerservice@club462.com
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4. Acceptance of Agreement:
• Club462® provides this agreement in electronic format explicitly and as such is an electronic contract that identifies the legally binding terms of your use and membership with our service. Your use of our service is indicative of your understanding and acceptance of the agreement and shall from that point forward, be deemed a legal binding contract between you and us. If at any time you disagree with any of our agreement terms or refuse to be bound by an electronic copy of the agreement, you should discontinue registration or terminate your membership.
• Should you choose to terminate your membership as a result of your disagreement with the terms of this agreement, understand that we are under no obligation to refund any portion of your membership.
• When you sign-up for service provided by Club462® you agree to all of the terms and conditions of this agreement.
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5. Eligibility:
• You must be at least eighteen (18) years of age to use our services. Service is void where prohibited. Your registration for our serves represents that you have the right, authority and capacity to enter into a binding agreement and to abide by all the terms and conditions set forth within this agreement.
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6. Code of Conduct:
• Your use of our service, including but not limited to the content that you post must not be in violation of any local, State, Federal law or other statues, to include any applicable regulations or portions of this agreement.
• You may not include in any format; telephone numbers, street addresses, full names, URL's or E-Mail addresses in any public section of our service.
• All information you provide to our service, must be accurate, current and complete.
• You may not engage in any solicitation or advertising for commercial purposes on our service. You may not engage in mass mailing, also known as spamming or facilitate in the spread of chain mails on our service.
• All information regarding other users is considered confidential and you agree not to provide this information to anyone, without the express permission(s) of the person(s) depicted in the information.
• You will not use this service to infringe upon the rights of any person.
• You will not post or distribute information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes 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 images, audio or video, or links to pirated images, audio or video files; You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; provide material that exploits people under the age of 18 in a sexual or violent manner.
• You will not engage in any form of harassment including, but not limited to the posting of communications, videos, images or audio recordings that contain libelous, slanderous, abusive or defamatory statements.
• You agree not to upload or distribute any virus or Trojan horses, which might cause harm to the service or any user of the service and their property.
• You agree that any Offensive images must be uploaded as private images.
• You agree that any image depicting nudity must be uploaded as an explicit photo. Explicit videos are only allowed in "one on one" instant messages only.
• You agree that you will not use content that contains or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or that harasses or advocates harassment of another person.
• You will not impersonate any person or entity, including but not limited to impersonation of Club462® staff. You will not stalk or otherwise harass any user of our service.
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7. Right of use:
• Your right to use our service is subject to any and all limitations, conditions and restrictions established or updated by us. We reserves the right to alter, suspend or discontinue any aspect of our features, database, content or service at any time without prior notification. We reserve the right to limit certain features, restrict access and alter or restrict your service without notice or liability.
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8. Posted content:
• Club462® reserves the right to monitor all postings, messages, video and audio recordings to ensure they conform to the guidelines set forth in this agreement. Club462® reserves the right to edit or delete any content which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or otherwise violate the terms of this agreement.
• You understand that you are solely responsible for the content you display on our service or transmit to users of our service.
• You understand that by posting, uploading or displaying any content on our service that you automatically represent and warrant that you have the right to grant to Club462® its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by Club462® will not infringe or violate the rights of any third party.
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9. Content on Club462®:
• Club462® retains all proprietary rights located on the website and through the service we provide.
• Club462® does not guarantee the accuracy, completeness or usefulness of any information provided by the service or located on our website. Club462® does not adopt, endorse or accept responsibility for any advice, opinion or statement made by any party that appears on the website. Under no circumstances willClub462®, our directors, officers, employees, agents and 3rd party suppliers be responsible for any loss or damage resulting from your reliance on information or other content posted on the website or transmitted to or by other users.
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10. Memberships and fees:
• Visitor any non registered user of the service. There is no charge for visitors and their ability to utilize the service is severely limited.
• User a registered user of the service. There is no charge for users and their ability to utilize the service and its features are limited.
• Member is a registered user of the service who pays a $10.00 per month fee and is entitled to full use of all features and services.
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11. User interactions:
• Member Disputes. You are solely responsible for your interactions with other Club462® users. Club462® reserves the right, but has no obligation, to monitor disputes between you and other Members.
• You are solely responsible for your interactions with other users. You understand that Club462® does not perform background or credit checks, nor does it screen any potential user or validate user statements. Club462® makes no representations or warranties as to the conduct of our users or any users compatibility with any current or future user. Under no circumstances shall Club462® be liable for any damages whatsoever, whether real, direct, indirect, special, general, consequential, compensatory and or incidental, arising from or relating to the conduct of you or any other user in connection with the use of our service, including, but not limited to, bodily injury, emotional distress or any other damages resulting from communications and or meeting with other users of our service. You understand that it is your responsibility to take precautionary measures if you decide to meet any user of our service offline.
• You understand that under no circumstances should you provide personal information to another user of our service, this includes, but is not limited to any information, which may cause you physical, emotional or financial harm.
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12. User Account Security:
• You are solely responsible for maintaining the integrity of your username and password that you created during the registration process. You are completely responsible for all activities that occur under your username and password.
• You agree to the following:
  • You will notify Club462® immediately of any breach in security, relating to the use of your username and password.
  • You agree to logout from your current session with our service when you are done utilizing our service.
  • You agree to use all necessary precautions when accessing our service from a public or shared computer. You are aware that software and hardware exists that is capable of recording your key strokes, which may grant unauthorized individuals access to your username and password.
  • You agree to indemnify Club462® from any loss or damage resulting from your failure to comply with this provision.
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12. Billing:
• Free Trials:
  • Club462® offers a free trial period in which the users has all of the rights of a paying member of our service. The period of our trial membership is subject to change without notice. At the end of your trial period, you will have the option to become a member by selecting a payment option or remaining a registered user with limited access to our services many features.
• Payment Options:
  • Monthly Payments:
    • Club462® uses PayPal® as their payment center of choice. PayPal® allows recurring billing, which means you are automatically billed the monthly membership amount each month.
    • To cancel your recurring billing, you must logon to PayPal and physically stop the recurring payments yourself.
  • Quarterly Payments:
    • Club462® uses PayPal® as their payment center of choice. If enabled quarterly payments are not recurring. You must initiate the payment process every quarter to keep your membership.
  • Semi-Annual Payments:
    • Club462® uses PayPal® as their payment center of choice. If enabled semi-annual payments are not recurring. You must initiate the payment process every six-months to keep your membership.
  • Annual Payments:
    • Club462® uses PayPal® as their payment center of choice. If enabled annual payments are not recurring. You must initiate the payment process once per year to keep your membership.
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14. Disclaimer:
• Although we can't review every correspondence of information sent by users of this service and are in no way responsible for the content of that information, we reserve the right, but are not obligated to delete, move or edit sent information. Club462® may perform said actions without limitations in profiles, postings, messages, video and audio recordings that Club462® deems in their discretion to violate this agreement. You remain solely responsible for the content of your profile, postings, messages, video and audio recordings that you display utilizing the Club462® service.
• We may at the discretion of Club462® staff, terminate or suspend your access to the Club462® service with or without notification. The primary reason for termination or denial of service includes, but is not limited to the following reasons; any fraudulent, abusive or otherwise illegal activity, any activity that may affect another user or members ability to enjoy the services provided by Club462®, any violation of this agreement. Club462®, may at their discretion refer you and your action to local law enforcement agencies. A terminated member will have 30 days to appeal the decision at which time they will either be reinstated or refunded the amount of their remaining membership, minus a $14.95 administrative fee. Refunded memberships will be sent with a money order, delivery conformation and signature required for delivery where allowed by postal regulations.
• You may be denied service during upgrades and site maintenance. Club462® will attempt to announce all such outages in a news release, but is not obligated to make such announcements. You agree Club462® is not responsible for denial of service do to unscheduled outages. Club462® may discontinue service at anytime and that members will be refunded the amount of their unused membership.
• Club462® may provide links to other internet sites and or resources. You agree that Club462® is neither responsible nor liable for the information provided by visiting the external link or the content revealed by visiting said link. When visiting an external link, it is suggested that you review their terms and conditions as well as their privacy policy before using any information provided by their site.
• You agree to indemnify Club462®, our directors, officers, employees, agents and 3rd party suppliers from any and all claims as a result of your actions against any visitor, user or member or the actions of any visitor, user, member or other entity against you. In any and all cases, you agree to limit the liability of Club462®, our directors, officers, employees, agents to the refund of your remaining membership. You agree Club462®, our directors, officers, employees, agents are entitled to reasonable legal fee's, which we may suffer as a result of your actions or the actions of others against you when utilizing this service. You agree to indemnify Club462®, our directors, officers, employees, agents in any civil or criminal case and regardless of the circumstances agree to limit the liability of Club462®, our directors, officers, employees, agents to a refund of your remaining membership.
• This agreement is entered into in the State of Illinois and the County of Dupage. You agree that any disputes arising out of this agreement or against Club462® will be subject to the courts of State of Illinois and the County of Dupage. You agree that any disputes arising out of this agreement or against Club462® that fall under Federal Jurisdiction will be subject Federal court of the state of Illinois. If any provision in this agreement is found to be invalid or unenforceable under applicable laws, the remaining provisions will continue to apply. This agreement will not be governed by the United Nations conventions regarding contracts for the International sale of services or goods.
• Club462® provides no warranties and is distributed on an "as is" basis. We do not guarantee that your service will not be interrupted or free of errors or other defects. You may experience delays, omissions and interruptions in the availability of service at any time. You acknowledge that under applicable laws that this service is provided to you without any warranties of any kind either express or implied. You agree that your use of the Club462® service is at your own risk. Club462® does not endorse the accuracy or reliability of any member profile, blog or other posting, including those profiles, which Club462® submits to you as a potential match. You acknowledge that any advice, opinion, statement or other information displayed, uploaded or distributed through the service provided by Club462®, our partners, agents or any user of the Club462® service or other entity is not endorsed by Club462® as being reliable or accurate and it is your responsibility to validate the information prior to accepting it as fact and agree that your reliance upon any such opinion, profile, advice, statement or other information shall be at your sole risk. You agree that your continued us of the Club462® service, now and in the future including all modifications to the Club462® agreement, will constitute a binding acceptance of you to this agreement or any subsequent modifications to the agreement from your date of join forward and you will be subjected to the modifications of this agreement, immediately after notification of alteration.
• Club462® may modify this agreement at anytime. Notifications of change will be posted on the service and sent via electronic communication to each user or member. If for any reason you do not agree with the modifications, you may terminate your use of the Club462® service. Your continued use of the Club462® now and following any notice of change, constitutes a binding acceptance by you to the agreement and the implemented modification.
• Club462® service includes articles, stories, messages and advice from a variety of sources and not limited to columnists. You acknowledge that the information provided by Club462® and any of Club462® agents or columnists are provided for entertainment purposes only and are not intended nor should it be taken as specific advice regardless of the circumstances surrounding the advice, story or information provided. No information provided by or through Club462® should be considered as counseling and you agree that counseling should only be provided by licensed professionals, further you agree that prior to following any advice, story, article or other information provided, you will consult with a licensed professional in a field related to said information. If you have personal problems and require help, we strongly recommend that you make an appointment with a licensed professional.
• You do not have the right to assign or sell any part of this agreement or the Club462® service to another entity. In the event that Club462® relinquishes control of the Club462® service to a third party, Club462® shall be relieved of any and all liability under this agreement and it will be assumed or modified by the controlling third party.
• Club462® reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
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15. Term:
• The Terms and Conditions set forthwith shall remain in effect while you use or are a member of our site. You have the right to terminate your use and or membership at any time and for any reason. If you terminate your membership, your membership will remain active, until the end of your paid membership at which time Club462® will terminate your membership.
• Club462® may terminate your membership if you breach this agreement and you will under no circumstances be entitled to a refund of your remaining membership. Club462® will attempt to notify you by the supplied e-mail address in the event such actions are to be taken.
• Club462® Is not required and may be prohibited from disclosing a reason for the termination of your membership. In the event your membership is terminated, this agreement shall remain in effect and all terms, which may survive termination, shall be deemed to have survived said termination.
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© Club462®, 2007