Private Club Links

Private Club Links- Club Rules/Terms and Conditions- Agreement

Welcome to Private Club Links (“PCL”) the online service for private club members to meet and interact. In order to use the Private Club Links Site (“Site”), you must register as a member of the Site (“Member”) and agree to be bound by these Terms of Use (“Agreement”). If you wish to become a Member and communicate with other Members and make use of the Private Club Links service (“Service”), read these Terms of Use and follow the instructions in the Application process. This Agreement sets out the legally binding terms for your membership. This Agreement may be modified by PCL from time to time, effective upon notice to you as a Member.

1. Eligibility. You must be a member-in-good-standing of an approved private club to register as a member of PCL or use this Site. Membership in the Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2. Term. This Agreement will remain in full force and effect while you use the Site and/or are a Member of PCL. You may terminate your membership at any time, for any reason by following the instructions on the Resign pages in My Profile, or upon receipt by PCL of your written or e-mail notice of termination. PCL may terminate your access to the Site. PCL may terminate your membership for any reason effective upon sending notice to you at the e-mail address you provide in your application for membership or such other e-mail address as you may later provide to PCL. If PCL terminates your membership in the PCL Service because you have breached the Agreement, you will not be entitled to any refund of any unused Subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect including sections 4,5,7,9 -14, inclusive, of this Agreement.

3. Non Commercial Use by Members. The PCL Site is for the personal use of individual Members, Private Clubs, and select social, dining and lodging clubs only, and may not be used in connection with any other commercial endeavors. Organizations, companies, and/or businesses may become Corporate Partners, but not become Members of PCL and should not use the PCL Service or Site for any purpose. Illegal and/or unauthorized uses of the Site, including unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

4. Proprietary Rights in Content on PCL. PCL owns and retains other proprietary rights in the PCL Site and the PCL Service. The Site contains the copyrighted material, trademarks, and other proprietary information of Private Club Links, LLC, and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

5. Content Posted on the Site.

a. You understand and agree that PCL may delete any content, messages, photos or profiles (collectively, “Content”) that in the sole judgment of PCL violate the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of PCL and/or its Members.

b. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the PCL service, or transmit to other PCL Members.

c. By posting Content to any public area of PCL, you automatically grant, and you represent and warrant that you have the right to grant, to Private Club Links, LLC., and other PCL Members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, 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.

d. The following is a partial list of the kind of Content that is illegal or prohibited on the Site. PCL will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the Membership of such violators. It includes Content that:

• is patently offensive to the online community, such as Content that promotes racism, bigotry ,hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
• promotes 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 music or links to pirated music files;
• contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ;
• displays pornographic or sexually explicit material of any kind;
• provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other members; and
• engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

e. You must use the PCL Service in a manner consistent with any and all applicable laws and regulations.

f. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service without prior written consent from PCL. You will not transmit any chain letters or junk email to other PCL Members. Although PCL cannot monitor the conduct of its Members off the PCL Site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, PCL reserves the right to restrict the number of emails which a Member may send to other Member in any 24-hour period to a number which PCL deems appropriate in its sole discretion.

6. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the PCL service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our Site; your address, telephone number, and email address; a written 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; 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. PCL’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows: General Counsel, Private Club Links, LLC, 7009 Dr. Phillips Blvd. Suite 150, Orlando, FL 32819.

7. Member Disputes. You are solely responsible for your interactions with other PCL Members. Private Club Links, LLC reserves the right, but has no obligation, to monitor disputes between you and other Members.

8. Privacy. PCL is governed by our Privacy Policy.

9. Disclaimers. PCL is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the PCL Service, whether caused by Members, Members or by any of the equipment or programming associated with or utilized in the Service, nor for the conduct of any Member and/or Member of the PCL Service whether online or offline. PCL assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member and/or Member communications. PCL is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Members and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the PCL Site and/or in connection with the PCL Service. Under no circumstances will Private Club Links, LLC be responsible for any loss or damage resulting from anyone’s use of the Site or the Service and/or any Content posted on the PCL Site or transmitted to PCL Members. The Site and the Service are provided “AS-IS” and PCL expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PCL cannot guarantee and does not promise any specific results from use of the Site and/or the PCL Service.

10. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will PCL be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the PCL Service, even if PCL has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Private Club Links, LLC’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Private Club Links, LLC for the Service during the term of membership.

11. U.S. Export Controls. Software from this Site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

12. Disputes. If there is any dispute about or involving the Site and/or the Service, by using the Site, you agree that the dispute will be governed by the laws of (to be filled in by attorney) without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the (to be filled in by attorney).

13. Indemnity. You agree to indemnify and hold PCL, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.

14. Other. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the PCL service, contains the entire agreement between you and Private Club Links, LLC regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Please contact us with any questions regarding this agreement. Private Club Links is a trademark of Private Club Links, LLC. FilterLinks is a trademark of FilterLinks, Inc.