 |
User Agreement and Terms of Use
Welcome to ClubMcGee.com. The ClubMcGee.com website is owned, controlled and operated by ClubMcGee.com. This agreement describes the terms and conditions applicable to all traders, visitors, members, and/or other users of our services at the website. Please read this agreement carefully before accessing or using the website. This agreement spells out what we can expect from you as users and what you can expect from us. In using any area of the website, you acknowledge that you have read, understand and agree to be bound by the terms and conditions stated in this agreement. We may make revisions to this agreement from time to time. By Using this website, you agree to be bound by such revisions and should therefore periodically visit this page to determine the then current versions of this agreement to which you are bound. The company will inform existing users when this agreement is revised by posting a notice of change on our homepage. If you do not agree to the terms and conditions under this agreement, do not use this website.
ClubMcGee reserves the right to modify the fees to use the webstie, registered users would be notified of the fees in advance and would be given the opportunity to decline continuing their use before fees were charged to their account.
You understand and agree that ClubMcgee website is provided "as-is" and that the ClubMcGee website assumes no responsibility for the deletion, misdelivery or failure to store any user communications or personalization settings. You may not copy, modify, redistribute, sell, sublicense, assign transfer, decompile, reverse engineer, disassemble or otherwise reduce our technology to a human-perceivable form without prior written consent.
ClubMcGee will employ reasonable measures to protect the security of users and user information, but makes no warranty with respect to the data posted on the Website, including but not limited to, statistical data, account data, credit card data, address, phone numbers, and email information.
Trademarks The trademarks, service marks, and logos used and displayed on ClubMcGee website are registered and unregistered marks owned by ClubMcGee. Nothing on the Website should be construed as granting by implication, estoppel, or otherwise, any license or right to use any of ClubMcgee's trademark displayed on our website without the written permission of ClubMcGee. ClubMcGee aggressively enforces its intellectual property rights to the fullest extent of the law. ClubMcGee's name and our company's logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our website, without the prior written permission of ClubMcGee. The Trademarks may not be used (i) to identify products or services that are not from our company, (ii) in any manner likely to cause confusion, (iii) in or as a part of your own trademarks, (iv) in a manner that implies that ClubMcGee sponsors or endorses your products or services or (v) in any manner that disparages or discredits ClubMcGee.
Copyright Notice
You acknowledge that ClubMcGee contains information, data, software, text, photographs, images, graphs, audio and video clips, typefaces, graphics, music, sounds, button icons, logos and other material that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All ClubMcGee's content is copyrighted as a collective work under the U.S. copyright laws. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the our material from any website owned. You may not put any the ClubMcgee's graphics or text on your own web page. You may not upload, post, reproduce, or distribute in any way our content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
You must receive our express written consent to use our website materials for commercial purposes or to link to any portion of the Website on your web site. In order to obtain that consent, please send an e-mail to support@clubmcgee.com with the following information: (i) your name, position, organization, address and telephone number; (ii) a description of the Website content, text or graphics you want to use; (iii) where, how and when you will be using the materials; (iv) to whom the materials will be distributed, in what amount and for what purpose; and (v) other information that will be included with the Website material. We will respond by e-mail and inform you whether or not we grant permission for your use of the material. This decision will be made at our sole discretion.
User Conduct
You understand that all information, data, text, graphics, messages or other materials, whether publicly posted or privately transmitted by a user of the Website ("User Content"), are the sole responsibility of the person from which such User Content originated. This means that you, and not ClubMcGee, are entirely responsible for all User Content that you upload, post, email or otherwise transmit to or via the Website. ClubMcGee does not control the User Content posted via the Website and, as such, does not guarantee the accuracy, integrity, legality or quality of such User Content. You understand that by using the Website, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will ClubMcGee be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, any services, opinion, or instruction delivered which originated through the Website, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Website
ClubMcGee will not be held responsible and expressly disclaims any liability whatsoever for any controversies or claims that may arise for any disputes between any users. By using this Website, you do hereby understand and expressly agree to hold ClubMcGee harmless for any claim or controversy that may arise from any disputes between users of the Website.
You agree to not use the Website to:
- upload, post, email or otherwise transmit any User 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;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a representative of our company, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted to or through the Website;
- upload, post, email or otherwise transmit any User 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);
- upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email 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;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- 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;
- stalk" or otherwise harass another.
Children's use of the Internet should be monitored by parents, guardians, and sitters. ClubMcGee.com is intended for users 18 or over. We maintain strict compliance with the Rules and Regulations of the FTC as well as the Children's Online Privacy Protection Act of 1998 (COPPA). ClubMcGee.com will not knowingly collect any information from children under 14. We do not assume any responsibility for any misrepresentations regarding your age or parental consent when using this Site. Should we determine that you provide any false information to us when using this Site, your membership will be terminated immediately and your information destroyed.
You acknowledge that the ClubMcGee.com does not pre-screen User Content, but that ClubMcGee.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any User Content that is available via the Website. Without limiting the foregoing, ClubMcGee and its designees shall have the right to remove any User Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any Content created by ClubMcGee.com or submitted to the Website, including without limitation information in any Company or user created Discussion Forum and in all other parts of the Website.
Registration and Account Security
Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on ClubMcGee, or create an account for anyone other than yourself without permission.
- You will not use your personal profile for your own commercial gain (such as selling your personal information to an advertiser).
- You will not use ClubMcGee if you are under 13.
- You will not use ClubMcGee if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Termination
You may terminate this license at any time by notifying the Website by e-mail to the following link support@ToysToTrade.com, although you shall remain bound by this Agreement with respect to any past use of the Website. ClubMcGee may continue to display the content you have on your online community pages at the time of termination unless you specifically request that the ClubMcGee remove your online community pages. The Company may at its sole discretion terminate this license at any time, with or without prior notification, in the event you fail to comply with the terms and conditions of this Agreement or for any other reason that the Company believes, in its sole discretion, is appropriate, by deactivating your user name and password and/or suspending operation of the system. Upon termination, you must destroy all materials obtained from the Website and any and all other Company sites, and all copies thereof, whether made under the terms of this Agreement or otherwise.
Definitions
- By "ClubMcGee" we mean the features and services we make available, including through (a) our website at www.clubmcgee.com and any other ClubMcGee branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
- By "us," "we", "our" and "company" we mean ClubMcgee.
- By "information" we mean facts and other information about you, including actions you take.
- By "content" we mean anything you post on ClubMcgee that would not be included in the definition of "information."
- By "data" we mean content and information that third parties can retrieve from ClubMcGee or provide to ClubMcGee through Platform.
- By "post" we mean post on ClubMcGee or otherwise make available to us (such as by using an application).
- By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "active registered user" we mean a user who has logged into ClubMcGee at least once in the previous 30 days.
- By "application" we mean any application or website (including Connect sites) that uses or accesses Platform, as well as anything else that receives data.
Payments Terms
When you make payments through ClubMcGee, you agree to these Payments Terms.
- Making Purchases
- When you confirm a transaction on ClubMcGee, you agree to be bound by and pay for that transaction.
- Pay attention to the details of the transaction, because your total price may include taxes, and fees which you are responsible for paying.
- Don't commit to a transaction unless you are ready to pay, because all sales are final.
- If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price.
- Cancellations for monthly subscriptions must be cancelled before 30 days of your original purchase or you will be automatically charged again for the next month.
- You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction.
- WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH CLUBMCGEE
|
 |