ClubDistrict Terms and Conditions of Use:
Trepster, LLC. (“ClubDistrict”, "ClubDistrict.com", or “we”) operates ClubDistrict.com, which is a nightlife portal featuring a social network, event listing directory, club photo galleries, video posting, and additional services. The services offered by ClubDistrict include any other features, content, or applications offered from time to time by ClubDistrict in connection with ClubDistrict’s business (collectively, the "ClubDistrict Services"). The ClubDistrict Services are hosted in the United States.
This Agreement includes ClubDistrict's policy for acceptable use of the ClubDistrict Services and Content (as defined in Section 6.1 below) posted on or through the ClubDistrict Services and your rights, obligations and restrictions regarding your use of the ClubDistrict Services and Content posted on or through the ClubDistrict Services. Unless otherwise provided by the additional terms and conditions applicable to the ClubDistrict Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by Contacting Us.
ClubDistrict may modify this Agreement from time to time and such modification shall be effective upon posting by ClubDistrict on the ClubDistrict Website. Your continued use of the ClubDistrict Services after ClubDistrict posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes
Please choose carefully the information you post on or through the ClubDistrict Services and that you provide to other Users. Your ClubDistrict profile or event listing may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other ClubDistrict Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and ClubDistrict assumes no responsibility or liability for this material. If you become aware of misuse of the ClubDistrict Services by any person, please click on the "Contact” or the “Report Abuse” link at the bottom of the ClubDistrict Website pages.
ClubDistrict reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the ClubDistrict Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. ClubDistrict expressly reserves the right to remove your profile, your event listing and/or deny, restrict, suspend, or terminate your access to all or any part of the ClubDistrict Services if ClubDistrict determines, in its sole discretion, that you have violated this Agreement or pose a threat to ClubDistrict and/or its Users.
1. Eligibility. Use of the ClubDistrict Services and registration to be a Member for the ClubDistrict Services (“Membership”) is void where prohibited. By using the ClubDistrict Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the ClubDistrict Services does not violate any applicable law or regulation. ClubDistrict.com is for personal use for those of a legal age in their country, province, or state of residence for the consumption of alcoholic beverages and in countries where the consumption of alcoholic beverages are permitted. If you are between the age of 13 to 21 years old, you are only allowed to search events or attend events for establishments where your admittance is legally allowed, such as a rave or all ages event. You are also allowed to use the social network. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18. If you are under the age of 21 years old, you are prohibited from accessing areas within the site that are intended for users who are 21 years of age and older. These areas include any portion of the site that is used for planning activities involving the consumption of alcoholic beverages.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the ClubDistrict Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. ClubDistrict may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-19.
3. Fees. You acknowledge that ClubDistrict reserves the right to charge for any portion of the ClubDistrict Services and to change its fees (if any) from time to time in its discretion. If ClubDistrict terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Password. When you sign up to become a Member, you will also be asked to choose a password You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify ClubDistrict immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Members. The ClubDistrict Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by ClubDistrict. ClubDistrict reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the ClubDistrict Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the ClubDistrict Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. ClubDistrict reserves the right to take appropriate legal action for any illegal or unauthorized use of the ClubDistrict Services.
6. Proprietary Rights in Content on ClubDistrict.
6.1 ClubDistrict does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the ClubDistrict Services. After posting your Content to the ClubDistrict Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the ClubDistrict Services, you hereby grant to ClubDistrict a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the ClubDistrict Services, including without limitation distributing part or all of the ClubDistrict Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the ClubDistrict Website. This limited license does not grant ClubDistrict the right to sell or otherwise distribute your Content outside of the ClubDistrict Services. After you remove your Content from the ClubDistrict Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the ClubDistrict Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the ClubDistrict Website as soon as practicable after you make the change.
6.2 The license you grant to ClubDistrict is non-exclusive (meaning you are free to license your Content to anyone else in addition to ClubDistrict), fully-paid and royalty-free (meaning that ClubDistrict is not required to pay you for the use on the ClubDistrict Services of the Content that you post), sublicensable (so that ClubDistrict is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the ClubDistrict Services), and worldwide (because the Internet and the ClubDistrict Services are global in reach).
6.3 By entering this site you acknowledge and agree that any name, logo, trademark or service mark contained on this site is owned or licensed by ClubDistrict.com and may not be used by you without prior written approval. ClubDistrict.com will enforce its intellectual property rights to the full extent of the law. Sound, graphics, charts, text, video, information, or images of places or people are either the property of ClubDistrict.com or used on this site with permission. Your use of any of these materials is prohibited unless specifically provided for on the site. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.
6.4 You represent and warrant that: (i) you own the Content posted by you on or through the ClubDistrict Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the ClubDistrict Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the ClubDistrict Services.
6.5 The ClubDistrict Services contain Content of ClubDistrict ("ClubDistrict Content"). ClubDistrict Content is protected by copyright, trademark, patent, trade secret and other laws, and ClubDistrict owns and retains all rights in the ClubDistrict Content and the ClubDistrict Services. ClubDistrict hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the ClubDistrict Content (excluding any software code) solely for your personal use in connection with viewing the ClubDistrict Website and using the ClubDistrict Services.
6.6 The ClubDistrict Services contain Content of Users and other ClubDistrict licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the ClubDistrict Services.
6.7 ClubDistrict performs technical functions necessary to offer the ClubDistrict Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the ClubDistrict Services.
7. Content Posted.
7.1 ClubDistrict may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of ClubDistrict violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. ClubDistrict assumes no responsibility for monitoring the ClubDistrict Services for inappropriate Content or conduct. If at any time ClubDistrict chooses, in its sole discretion, to monitor the ClubDistrict Services, ClubDistrict nonetheless assumes 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.
7.2 You are solely responsible for the Content that you post on or through any of the ClubDistrict Services, and any material or information that you transmit to other Members and for your interactions with other Users.
7.3 You are not allowed to post more than one copy, version and/or instance of the same content to your account's blog, event, photo, or video sections. If you are found to be posting the same content by using multiple member accounts, each violating account will be frozen. To unfreeze an account, the account holder must contact ClubDistrict with an appeal. To initiate an appeal, contact us.
7.4 You are not allowed to post more than five blogs and five videos per 24 hour period.
8. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the ClubDistrict Services. ClubDistrict reserves the right to investigate and take appropriate legal action against anyone who, in ClubDistrict's sole discretion, violates this provision, including without limitation, removing the offending Content from the ClubDistrict Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of ClubDistrict:
8.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2 harasses or advocates harassment of another person;
8.3 exploits people in a sexual or violent manner;
8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
8.5 solicits personal information from anyone under 18;
8.6 publicly posts information that poses or creates a privacy or security risk to any person;
8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.8 constitutes or 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 manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
8.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11 furthers or promotes 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;
8.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.13 involves commercial activities and/or sales without prior written consent from ClubDistrict such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.14 includes a photograph or video of another person that you have posted without that person's consent;
8.15 for band, DJ’s and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or
8.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the ClubDistrict Website and through your use of the ClubDistrict Services. ClubDistrict reserves the right to investigate and take appropriate legal action against anyone who, in ClubDistrict's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.17 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;
8.18 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the ClubDistrict Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, ClubDistrict reserves the right to restrict the number of messages which a Member may send to other Members in any 24-hour period to a number which ClubDistrict deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk messages, or other unauthorized commercial communications of any kind through the ClubDistrict Services, you acknowledge that you will have caused substantial harm to ClubDistrict, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay ClubDistrict $50 for each such unsolicited message or other unauthorized commercial communication you send through the ClubDistrict Services;
8.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the ClubDistrict Services;
8.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.21 covering or obscuring the banner advertisements on your personal profile page, or any ClubDistrict page via HTML/CSS or any other means;
8.22 any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;
8.23 interfering with, disrupting, or creating an undue burden on the ClubDistrict Services or the networks or services connected to the ClubDistrict Services;
8.24 impersonating or attempting to impersonate another Member, person or entity;
8.25 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.26 selling or otherwise transferring your profile;
8.27 using any information obtained from the ClubDistrict Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.28 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the ClubDistrict Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
8.29 using the ClubDistrict Services in a manner inconsistent with any and all applicable laws and regulations.
9. Protecting Copyrights and Other Intellectual Property. ClubDistrict respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. ClubDistrict has the right to terminate the Membership of infringers.
If you believe your work has been copied and posted on or through the ClubDistrict Services in a way that constitutes copyright infringement, please send ClubDistrict's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the ClubDistrict Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or a uthorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. ClubDistrict's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, ClubDistrict, Inc., 4060 Campus Drive, Suite 130, Newport Beach, CA 92663; Facsimile: (949) 975-1833; Phone: (949) 226-7419; Attn: Copyright Agent. ClubDistrict's Copyright Agent for notification of claimed infringement can also be reached electronically by Contacting Us.
9.1 ClubDistrict's logos, logotypes, signatures and design marks ("ClubDistrict logos") are valuable assets that ClubDistrict needs to protect. Accordingly, we ask that you follow ClubDistrict guidelines with respect to ClubDistrict logos. Remember that you are generally not able to use ClubDistrict logos unless you are specifically licensed or authorized to use them. Information regarding Logo programs under which you may be licensed to use ClubDistrict logos and information on obtaining other authorization can be read here.
10. General Contest Rules.This site provides various contests which you can enter. Following are the general rules that apply to all contests on this site. In addition, each contest has a specific set of rules. In the case of conflict, the contest-specific rules apply.
10.1 Contest Entry. No Purchase Necessary. All entries must be posted through ClubDistrict.com contest entry form provided. 1 Entry per person or e-mail address and only 1 entry will count. No responsibility is assumed by Site Providers for lost, late, misdirected, or illegible entries or for any computer, online, telephone or technical malfunctions that may occur. No submissions will be accepted after the posted deadline for any reason. The sole determinant of time for the purposes of a contest will be the contest server machine(s). Contestants entering picks close to the posted deadline do so with this information in mind. All entries become the property of Site Providers and will not be returned to contest entrant. Site Provider reserves the right to terminate or modify the terms of a contest without prior notice. By entering, entrants agree to abide by the general and specific contest rules and the decisions of the independent contest organization, which are final.
10.2 Winner Notification. Winners will be notified by email and/or phone within 14 days of determination. If a winner is unreachable after 7 days, or if that winner is unavailable for prize fulfillment, an alternate winner will be selected according to the rules from all remaining eligible entries received. Potential winners must execute and return an Affidavit of Eligibility/Prize Acceptance Form/Release of Liability within 7 days of notification. Before being declared a winner this form must be validated. Noncompliance within this time period may result in disqualification and an alternate winner will be selected. If an eligible winner cannot be found for a prize, that prize will not be awarded. Prizes take two to four weeks to deliver from the time we receive all fully completed forms from the winner.
10.3 Prize Substitution. All prizes must be accepted as awarded. Prizes are not transferable and not convertible to cash. No substitution of prizes is permitted except by Site Providers. Site Providers reserve the right to substitute any prize with another prize of equal or greater value.
10.4 Eligibility. Each contest is open to legal residents of the United States, who are of legal drinking age in their place of residence at the time of entry. Contest void where prohibited by law. Contestants residing in areas where a contest is void may participate in the contest, but will be ineligible to win prizes. Employees of Site Providers and/or their affiliates, licensees, their retailers/distributors, prize suppliers, the applicable Liquor Distribution and Control Boards (the "Government Agencies") advertising, promotion and production agencies and members of their immediate families or those with whom they are domiciled are not eligible to win prizes. All applicable taxes are the sole responsibility of the prize winner. Prize winner is responsible for shipping charges outside of North America. The Government Agencies are not connected with any contest in any manner whatsoever and are not liable in any way whatsoever in regard to any matter that relates to the contest.
10.5 Use of Winner Information. All prize winners hereby grant permission to Site Providers and their advertising and promotional agencies to use winners' names and likenesses for advertising and promotional purposes without compensation unless prohibited by law.
11. Photographs Taken in Public. ClubDistrict.com allows photo journalists and freelance photographers to post photos of club goers from various events. ClubDistrict.com allows these photos to be displayed, if they truthfully depict to our members both the revelry and performances that occurred at the event. These photos may be downloaded or saved by other members and maybe used by promotional companies to promote their clubs given proper credit to the photos origin and proper use of the photo so as not to misappropriate a person's name or likeness. These photos are not sold to third-parties or altered in any way to misappropriate a person's name or likeness or place another person in false light before the public. Except for areas designated as "Private", nightclubs are considered a public place. Individuals cannot expect a reasonable amount of privacy at an event since any activities they are involved in are observable by many strangers. Digital photographs in the ClubDistrict.com photo gallery will only be removed if the photograph depicts nudity, under-age drinking, under-age attendance, sex, sexual innuendos, and/or showing of under garments. Removal of digital photographs from the ClubDistrict photo gallery for any other reason than those listed above will only be removed at the sole consent of ClubDistrict.com. Please keep in mind we do not practice censorship unless there is a violation of our terms and conditions by the photo journalist. To request to have a photo removed please contact the photographer who originally posted the photographs. If you cannot contact the originating photographer, please Contact Us
12. Member Disputes. You are solely responsible for your interactions with other ClubDistrict Members. ClubDistrict reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
14. Disclaimers. ClubDistrict is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the ClubDistrict Services, whether caused by Users of the ClubDistrict Services or by any of the equipment or programming associated with or utilized in the ClubDistrict Services and such User Content does not necessarily reflect the opinions or policies of ClubDistrict. Profiles, event listing, blogs and third party applications created and posted by Members on the ClubDistrict Website may contain links to other websites. ClubDistrict is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by ClubDistrict. Inclusion of any linked website on the ClubDistrict Services does not imply approval or endorsement of the linked website by ClubDistrict. When you access these third party sites, you do so at your own risk. ClubDistrict takes no responsibility for third party advertisements or third party applications that are posted on or through the ClubDistrict Services, nor does it take any responsibility for the goods or services provided by its advertisers. ClubDistrict is not responsible for the conduct, whether online or offline, of any User of the ClubDistrict Services. ClubDistrict 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, any User or Member communication. ClubDistrict is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the ClubDistrict Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the ClubDistrict Services. Under no circumstances shall ClubDistrict be responsible for any loss or damage, including personal injury or death, resulting from use of the ClubDistrict Services, attendance at a ClubDistrict event, from any User Content posted on or through the ClubDistrict Services, or from the conduct of any Users of the ClubDistrict Services, whether online or offline. The ClubDistrict Services are provided "AS-IS" and as available and ClubDistrict expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ClubDistrict cannot guarantee and does not promise any specific results from use of the ClubDistrict Services.
15. Limitation on Liability. IN NO EVENT SHALL CLUBDISTRICT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE CLUBDISTRICT SERVICES, EVEN IF CLUBDISTRICT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CLUBDISTRICT'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 CLUBDISTRICT FOR THE CLUBDISTRICT SERVICES DURING THE TERM OF MEMBERSHIP.
16. U.S. Export Controls. Software available in connection with the ClubDistrict Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the ClubDistrict Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
17. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You and ClubDistrict agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of the Agreement or the ClubDistrict Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
18. Indemnity. You agree to indemnify and hold ClubDistrict, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the ClubDistrict Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the ClubDistrict Services causes ClubDistrict to be liable to another.
19. Other. This Agreement is accepted upon your use of the ClubDistrict Website or any of the ClubDistrict Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and ClubDistrict regarding the use of the ClubDistrict Services. The failure of ClubDistrict to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. ClubDistrict is a trademark of PubDistrict, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
ADDITIONAL TERMS FOR CONTRIBUTING PHOTOGRAPHERS
Version May 1, 2009
ClubDistrict.com, allows its members to contribute event related photographs taken in public places, with the permission of the venue and/or producer of the event. Members can upload personal photos to their ClubDistrict private album. Private photo albums can be viewed by other members who visit the member's profile where the private albums are maintained. ClubDistrict.com provides the Contributing Photographer with online software to facilitate uploading the contributed content to ClubDistrict.com’s servers.
A CONTRIBUTING PHOTOGRAPHER is defined as an independent contractor who takes still digital photographs of patrons at nightclubs, bars, concerts, or special events. Photography assignments are arranged by the Contributing Photographer. The Contributing Photographers is required to use his/her own camera equipment. Upon completion of a photography assignment, Contributing Photographer is required to edit and upload digital photographs to ClubDistrict.com within three days.
GENERAL PHOTOGRAPHY TERMS
By continuing and registering as a Contributing Photographer on ClubDistrict.com, you agree that you have read and understood the following requirements:
- You must provide a valid email address on registration Failure to do so will result in your account being deactivated immediat
- You grant ClubDistrict.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to excercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known or in the future.
- You must have and own the copyright to all images that you upload.
- You must make available to ClubDistrict.com on request, a property release for images that require one.
- You agree not to upload images that contain trademarks, copyrighted materials or objects and you acknowledge that your images do not infringe copyright and/or the intellectual property rights of others in any way.
- You agree not to apply any watermarks to the bottom section of uploaded images. Your personal watermark may only be applied to the top of uploaded images. You give ClubDistrict.com exclusive rights to apply watermarks to the bottom of your uploaded images.
- Uploaded Images must be uncropped and a minimum of (640x426) pixels. Approximately 100Kb.
ClubDistrict.com reserves the right to reject image files based on the following reasons:
- Poor lighting and poor contrast
- Bad focus
- Poor Composition
- Unacceptable Keywords
- Copyright / Trademark Infringement or Risk
- Adult Content unsuitable for ClubDistrict.com
- Profane or Violent Images
- Images depicting child porn (you would be reported)
- Images containing violence
- Images containing explicit sexual acts
- Images taken in locations where privacy is expected, such as restrooms, VIP areas, or bedrooms.
You agree to abide by the following ethical guidelines, as well as, rules and regulations set forth by the venue where the photography service is being performed, and the laws of the city and state in which the photography services are being performed:
- If you are between the age of 13 to 21 years old, you are not allowed to contribute photos from events or establishments where your admittance is not legally allowed.
- You agree to assume all expenses incurred in connection with the performance of this agreement and CLUBDISTRICT.COM shall not be responsible for payment of any other expenses. Any payment terms must be agreed to in writing by you and CLUBDISTRICT.COM While engaged in carrying out and complying with any of the terms and conditions of this Agreement, you are not entitled to any right or privilege applicable to an officer or employee of CLUBDISTRICT.COM or of the State of California.
- Acceptance of this Agreement constitutes that you are not covered under PUBDISTRICT INC’S general liability insurance, employee benefits or worker’s compensation. It further establishes that you shall be fully responsible for such coverage.
- ClubDistrict may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect.
- Upon mutual agreement in writing or the parties hereto, this Agreement may be terminated at any time for any reason.
The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You and ClubDistrict agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of the Agreement or the ClubDistrict Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
You agree to indemnify and hold ClubDistrict, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the ClubDistrict Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the ClubDistrict Services causes ClubDistrict to be liable to another.
This Agreement is accepted upon your use of the ClubDistrict Website or any of the ClubDistrict Services and is further affirmed by you becoming a Member and a Contributing Photographer. This Agreement constitutes the entire agreement between you and ClubDistrict regarding your registration as a Contributing Photographer. The failure of ClubDistrict to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. ClubDistrict is a trademark of PubDistrict, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
The parties to the Agreement, under penalty of perjury, hereby certify that all of the above items and attachments are to the best of their knowledge true and correct statements.
Please contact us by email at email@example.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.