You may not republish any portion of the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through ClubUgly, Inc., not to insert any code or product or manipulate the content of ClubUgly, Inc. in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.
The following provision applies to all visitors to this Site (including, without limitation, persons, representatives of legal entities, and digital engines of any kind, including, without limitation, ones that crawl, index, scrape, copy, store, or transmit digital content): By accessing this Site, you specifically acknowledge and agree that (i) Associated Press text, photo, graphic, audio, and/or video material (collectively, “AP Material”) shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium; (ii) No AP Material nor any portion thereof may be stored in a computer except for personal and non-commercial use; and (iii) The Associated Press shall not be held liable for any delays, inaccuracies, errors, or omissions in the AP Material or in the transmission or delivery of any part thereof or for any damages arising therefrom or occasioned thereby.
In certain cases, you may be able to use individual stories that appear on ClubUgly, Inc. through online functionality we have specifically designated (e.g., to e-mail a story to a friend or to purchase the rights to reproduce a story for other use). In such cases, we will tell you directly in the portion of the Content you may use or you will see a link in the Content itself.
Registration is not required to view certain Content. However, there are certain circumstances where you will be required to register, including, without limitation, if you wish to post a comment or photo: write a review; upload a video; make a purchase; or participate in a contest. Authorized representatives of businesses are required to register in order to claim, submit or update a business listing or submit or update a deal. If you become a Registered Member of ClubUgly, Inc., you accept responsibility for all activities that occur under your Registration Account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. We reserve the right to terminate your access and use of ClubUgly if you register under a false identity, submit multiple registrations for single user or otherwise commit fraudulent conduct in connection with your registration or use of ClubUgly, Inc. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others outside your household may not access ClubUgly, Inc. using your name in whole or in part without our permission. If you believe someone has accessed ClubUgly, Inc. using your Registration Account and password without your authorization, e-mail us immediately at Helpdesk@ClubUgly.Com.
User Content Representations and Warranties.
User Content License.
For all User Content you post, upload, or otherwise make available (“Provide”) to ClubUgly, Inc., you grant its owners, its affiliates and related entities, including ClubUgly, Inc. and its affiliated newspapers, Web sites, and broadcast stations, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Content, in any form, format, or medium, of any kind now known or later developed. Without limiting the generality of the previous sentence, you authorize ClubUgly to share the User Content across all Web sites, newspapers, and broadcast stations affiliated with ClubUgly or its owners, to include the User Content in a searchable format accessible by users of ClubUgly, Inc., to place advertisements in close proximity to such User Content, and to use your name, likeness and any other provided information in connection with its use of the material you provide. You waive all moral rights with respect to any User Content you provide to ClubUgly, Inc. You also grant ClubUgly the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
User Content Screening and Removal.
User Content Assumption of Risk.
ClubUgly, Inc. cannot and does not monitor or manage all User Content, and does not guarantee the accuracy, integrity, or quality of User Content. All User Content provided to ClubUgly, Inc. is the sole responsibility of the person who provided it. This means that you are entirely responsible for all User Content that you provide. To protect your safety, please use your best judgment when posting User Content. Please be advised that users may be held liable for any User Content that infringes on the legal rights of a third party, including, without limitation, User Content that violates copyright or intellectual property rights and User Content that is deliberately false or defamatory.
ClubUgly, Inc. discourages users from divulging personal phone numbers and addresses or other information that can be used to identify or locate you or anyone else. You acknowledge and agree that if you make such disclosures either through posting on any bulletin board, forum, blog space, message or chat area, or uploading text, images, audio files or other audio-visual content, in advertising you place or in other interactive areas, or to third parties in any communication, you do so fully understanding that such information could be used to identify you.
User Content Posting Rules.
ClubUgly, Inc. will make any decisions as to whether User Content violates any Posting Rule in its sole discretion and after we have actual notice of such posting. When you provide User Content, you agree to the following Posting Rules:
• If your User Content contains copyrighted or other proprietary material of any kind, you have express permission to post the material from the owner of that material.
• User Content may not contain vulgar, profane, abusive, racist or hateful language or sentiments, whether words or images, including epithets or slurs, or discriminatory or inflammatory attacks – on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability.
• User Content may not contain false accusations or fraudulent claims, nor contain language that is defamatory or grossly inflammatory.
• User Content may not violate or encourage the violation of any municipal, state, federal or international law, rule, regulation or ordinance.
• By posting User Content, you accept full responsibility and awareness that you may be held liable for any violations of the rights of a third party, including but not limited to claims for false or defamatory statements, invasion of privacy, misappropriation of right of publicity and intentional or negligent infliction of emotional distress.
• Advertising and promotional notices and offers are not allowed as User Content, except in areas specifically designated for such purpose.
• You may not post reviews or other User Content that constitutes a conflict of interest, including, without limitation, writing about an employer or competitor.
• If your photo or video depicts any children under the age of 13, you affirm that you have written permission from the child’s parent or guardian to provide the photo or video.
• Spamming is prohibited. You may not post the same message in multiple threads. Further, you may not “creatively spam” by posting slightly altered but essentially identical messages on multiple pages – or repeatedly making recommendations that are unrelated to the corresponding content pages.
• “Flaming” is prohibited (sending or posting repeated messages making derogatory or offensive comments about another individual or entity).
• User Content may not violate any right of ClubUgly, Inc. or any third party.
• You may not interfere with any third party’s uninterrupted use of ClubUgly, Inc.
• You may not upload or transmit viruses or other harmful, disruptive or destructive files, material or code.
• You may not disrupt, interfere with, or otherwise harm or violate the security of ClubUgly, Inc., or any services, system resources, accounts, passwords, servers or networks connected to or accessible through ClubUgly, Inc. or affiliated or linked sites.
Repeat violations of these Posting Rules may result in the suspension of your user account.
WARNING: CLUBUGLY RESERVES THE RIGHT TO REFER ANY VIOLATION OF THESE POSTING RULES TO LAW ENFORCEMENT AUTHORITIES.
Unsolicited Material and Ideas.
ClubUgly, Inc. is not responsible for the similarity of any of its content or programming in any media to materials or ideas provided to ClubUgly, Inc. You acknowledge and agree that if you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against ClubUgly, Inc. and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is or may be substantially similar to the idea you sent.
Terms of Sale – Third Party Transactions.
During your visit to the Site, you may elect to engage in a transaction involving the purchase of a product from a third party, such as an online advertisement, deal vouchers or other tangible goods and services. A third party processing agent, bank or distribution institution often handles credit card transactions and order fulfillment. While in most cases transactions are completed without difficulty, there is no such thing as perfect security on the Internet or offline ClubUgly, Inc. cannot and does not take responsibility for the success or security of transactions undertaken or processed by third parties.
Terms of Sale – Merchant Deal Vouchers Offered On The Site.
Separate from the third party transactions referenced above, ClubUgly, Inc. also works directly with various merchants who, from time to time, offer deals for products, services or events on the Site. You may purchase vouchers (“Vouchers”) for such deals with these merchants on the Site. You must register with ClubUgly, Inc. to purchase Vouchers for merchants with whom ClubUgly, Inc. has a direct relationship. By registering, ClubUgly, Inc. can provide you with easy access to print your Vouchers, view past purchases, modify your preferences and ensure permissible use of Vouchers.
Except where otherwise prohibited by law or as provided in these terms, Vouchers shall expire on the date specified on the Voucher (the “Expiration Date”). While the Expiration Date on the Voucher dictates the last date that you can use the Voucher at the merchant for the offer which is stated on the Voucher, applicable federal or state laws may provide that the merchant is responsible for honoring the cash value or face value that you paid for the Voucher for a period of time beyond the expiration date stated on the Voucher. These laws apply to merchants, and it is the sole responsibility of merchants, not ClubUgly, Inc., to ensure compliance. Merchants, not ClubUgly, Inc., have the responsibility to determine the applicability and compliance with any relevant statute or code.
Some deals have minimum and/or maximum sale requirements. If a deal does not have a minimum sale requirement, your credit card will be charged upon your purchase of the Voucher. If a deal has a minimum sale requirement (i.e. 100 Vouchers must be sold before the deal becomes active), your credit card will not be charged until achievement of the minimum sales required. If a deal has a maximum purchase requirement, which has already been met, you will not be able to purchase that deal. You may not use a Voucher until you receive the Voucher by email.
Vouchers sold on the Site are subject to the following conditions, unless other terms are agreed to by merchant or as otherwise required by applicable law:
· You must be at least 18 years or the age of majority in your jurisdiction to purchase a Voucher, and at least 21 years old to purchase a Voucher redeemable for alcohol;
· You are limited to 1 Voucher per sale transaction;
· Only 1 Voucher can be redeemed per party or group;
· Tax, gratuity, handling and shipping are not included in the value of a Voucher and will be added to the value of services or goods purchased with a Voucher;
· You cannot apply a Voucher towards any prior balances owed to a merchant;
· You many not sell, copy or otherwise duplicate a Voucher;
· You may not combine Vouchers with any other vouchers, certificates, coupons, promotions, deals or offers;
· You must redeem a Voucher in its entirety and on a one-time basis only;
· You may not redeem a voucher incrementally; and
· You are responsible for Vouchers you have purchased if they are lost or stolen.
Any attempted redemption not consistent with these Terms of Sale will render the voucher null and void.
All purchases of Vouchers for restaurants may have statutory limitations on the amount of the Voucher value that can be redeemed for alcoholic beverages.
Errors in Advertisements, Listings and Vouchers.
On occasion, a product, service or venue may not be available at the time, place or the price as it appears in an advertisement, listing or Voucher. In such event, or in the event a product, service or venue is listed at an time, place or price or is otherwise incorrect due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers, users, merchants or suppliers, you agree ClubUgly, Inc. is not responsible for such errors or discrepancies.
Communications with Third Parties through ClubUgly, Inc.
Your dealings or communications through ClubUgly, Inc. with any party other than ClubUgly, Inc. are solely between you and that third party. For example, certain areas of ClubUgly, Inc. may allow you to conduct transactions or purchase goods or services. In most cases, our third-party partners and vendors will conduct these transactions. Under no circumstances will ClubUgly, Inc. be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be directed to the third party.
Notice of Intellectual Property Infringement.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of ClubUgly, Inc., in appropriate circumstances, to terminate the Registration Account of a Member who is deemed to infringe third party intellectual property rights or to remove User Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on ClubUgly, Inc., please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of your copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material you claim is infringing is located on the Site (providing us with a Web site URL is the quickest way to help us locate content quickly);
4. Your address, telephone number, and e-mail address;
5. 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;
6. A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
ClubUgly, Inc.’s copyright agent can be reached as follows:
2711 Centerville Road Suite 400
Wilmington, DE 19808-9905
Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT CLUBUGLY, INC.’S COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS. For other inquiries or questions, please use the information listed in the “Contact Us” section below. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter-Notification for Intellectual Property Infringement.
If you elect to send us a counter-notice in response to a notice of intellectual property infringement, to be effective it must be a written communication provided to ClubUgly, Inc.’s designated Copyright Agent (see above for contact information) that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
1. An electronic or physical signature of the registered user;
2. A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (providing us with a Web site URL is the quickest way to help us locate content quickly);
3. Your address, telephone number, and e-mail address;
4. A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
5. A statement by you that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the your address is outside of the United States, for any judicial district in which ClubUgly, Inc. may be found, and that the you will accept service of process from the person who provided notification of intellectual property infringement or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
General Disclaimer and Limitation of Liability.
While ClubUgly, Inc. uses reasonable efforts to include accurate and up-to-date information; we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. ClubUgly, Inc. does not represent or warrant that use of any Content will not infringe rights of third parties. ClubUgly, Inc. has no responsibility for actions of third parties or for content provided by others, including User Content.
USE OF CLUBUGLY, INC. IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER CLUBUGLY, INC., NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING CLUBUGLY, INC., THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH CLUBUGLY, INC. (INCLUDING, WITHOUT LIMITATION, PRODUCTS OR SERVICES PURCHASED THROUGH THIRD PARTY AND CLUBUGLY DEALS), AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF CLUBUGLY, INC. OR SUCH CONTENT, THIRD PARTY OR CLUBUGLY VOUCHERS, PRODUCTS, OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES CLUBUGLY, INC. WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. CLUBUGLY, INC. AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
CLUBUGLY IS NOT LIABLE FOR LOST OR STOLEN VOUCHERS, NON-FULFILLMENT BY MERCHANTS OF VOUCHERS FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, A MERCHANT’S INSOLVENCY OR BANKRUPTCY, OR VOUCHER REFUNDS, EXCHANGES OR RETURNS. THE MERCHANT SELLING A PRODUCT OR SERVICE THROUGH THE VOUCHER IS SOLELY RESPONSIBLE FOR FULFILLMENT OF VOUCHERS AND ANY SERVICES OR PRODUCTS PURCHASED THROUGH SUCH VOUCHERS. CLUBUGLY IS NOT LIABLE TO CUSTOMERS OR ANYONE ELSE FOR ANY CLAIMS, DAMAGES, INJURIES OR LIABILITIES ASSOCIATED WITH INJURIES, ILLNESSES, DAMAGES AND COSTS CAUSED IN WHOLE OR IN PART BY THE MERCHANT, AS WELL AS FOR ANY UNCLAIMED PROPERTY LIABILITY ARISING FROM UNREDEEMED VOUCHERS OR PORTIONS THEREOF OR ARISING FROM OR RELATED TO ANY ACT OR OMISSION OF MERCHANT IN CONNECTION WITH A VOUCHER OR THE SERVICES/GOODS PROVIDED IN CONNECTION THEREWITH AND/OR AS IT RELATES TO COMPLIANCE WITH APPLICABLE UNCLAIMED PROPERTY AND OTHER LAWS RELATING TO THE REDEMPTION OF THE VOUCHERS OR ANY PORTION THEREOF.
CLUBUGLY, INC. CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. CLUBUGLY, INC. DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENCY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE CLUBUGLY, INC. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL CLUBUGLY, INC. OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CLUBUGLY, INC. OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
You agree to indemnify, defend and hold harmless ClubUgly, Inc., and its parents and affiliated companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, and sub-licensees from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy, right of publicity and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding: (1) your use of ClubUgly, Inc.; (2) ClubUgly, Inc.’s and its owners use of any User Content or information you provide, as long as such use is not inconsistent with this Agreement; (3) information or material provided through your Registration Account, even if not posted by you; and (4) any violation of this Agreement by you.
ClubUgly, Inc. is controlled, operated and administered by ClubUgly, Inc. from its offices within the United States. ClubUgly, Inc. makes no representation that materials or Content available through ClubUgly, Inc. are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use ClubUgly, Inc. or export the Content in violation of U.S. export laws and regulations. If you access ClubUgly, Inc. from a location outside the United States, you are responsible for compliance with all applicable laws.
Modifying these Terms.
Discontinuation of Service.
ClubUgly, Inc. may modify, suspend, discontinue or restrict the use of any portion of ClubUgly, Inc., including the availability of any portion of the Content or User Content at any time, without notice or liability. ClubUgly, Inc. may deny access to any Registered Member or other user at any time for any reason. In addition, ClubUgly may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that has an ownership stake in ClubUgly or any of their assets.
Statute of Limitations.
No Class Actions.
If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect.
Any failure of ClubUgly, Inc. to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect.
In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to ClubUgly, Inc., and all other provisions for which survival is equitable or appropriate.
To contact ClubUgly, Inc., please use the following address:
2711 Centerville Road Suite 400
Wilmington, DE 19808-9905