Terms of Service

Last updated: December 16th, 2024

Overview

Welcome, and thank you for your interest in The Private Clubs (“Community Owner,” “we,” or “us”) and our online community, along with any mobile or other downloadable applications that we make available to enable access to the same (collectively, the “Community”). These Terms of Service (“Terms”) are a legally binding agreement between you and Community Owner regarding your use of the Community.

Arbitration Notice

Except for certain kinds of disputes described in Section 15 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration. By accepting these Terms, you and Community Owner are each waiving the right to a trial by jury or to participate in any class action or representative proceeding.

Eligibility

You must be at least 18 years old to join the Community. By agreeing to these Terms, you represent and warrant that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Community; and (c) your registration and use of the Community comply with all applicable laws and regulations.

Accounts & Registration

To access most features of the Community, you must register for an account. When registering, you may be required to provide information such as your name, email address, or other contact details. You agree that the information you provide is accurate, complete, and up to date at all times. You are solely responsible for maintaining the confidentiality of your account and password and for all activities under your account. If you believe your account is no longer secure, notify us immediately at chris@theprivateclubs.com.

Limited Licenses

Subject to your ongoing compliance with these Terms, Community Owner grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use any mobile or other downloadable application provided by Community Owner on a device you own or control, and (b) access and use the Community for your personal, non-commercial use.

License Restriction

Except as permitted under applicable law, you may not: (a) reproduce, distribute, publicly display, or create derivative works of the software powering the Community; (b) modify the software powering the Community; or (c) interfere with or circumvent any feature of the Community, including any security or access control mechanisms.

Feedback

If you provide feedback, suggestions, or other submissions (“Submissions”) regarding the Community, you grant Community Owner an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free license to use the Submissions in any manner and for any purpose, including to improve the Community.

Ownership: Proprietary Rights

The Community is managed by Community Owner using a platform provided by a third-party service provider (“Service Provider”). All content, software, and materials provided by Community Owner or Service Provider (“Materials”) are protected by intellectual property and other laws. All rights not expressly granted in these Terms are reserved by Community Owner and Service Provider.

Third-Party Services

The Community may integrate with third-party services. By using such integrations, you authorize Community Owner and Service Provider to process data in connection with the applicable integration. Your use of third-party services is subject to your agreement with the relevant third-party provider, and Community Owner and Service Provider are not responsible for the functionality or security of those services.

Third-Party Software

The Community may include third-party software components that are freely available under open-source licenses. These Terms do not restrict your rights under those licenses.

User Content

You retain ownership of any content you post to the Community (“User Content”). By posting User Content, you grant Community Owner and Service Provider a worldwide, non-exclusive, royalty-free license to use, modify, and distribute your User Content in connection with the Community.

Push Notifications

By installing our app, you agree to receive push notifications, which you can disable in your device’s settings.

In-App Notifications

We may send you in-app notifications, which you can turn off in the app’s settings.

Email Communications

We may send you promotional emails. You can opt-out of these emails by following the unsubscribe instructions. Even if you opt-out, you will continue to receive administrative emails.

Prohibited Conduct

By using the Community, you agree not to:- Use the Community for any illegal purpose- Harass or harm other users- Infringe any third-party intellectual property rights- Interfere with the Community’s security or functionality- Engage in any fraudulent activity

Intellectual Property Rights Protection

Community Owner respects the intellectual property rights of others and will not tolerate infringing activity on the Community.

Modifications of Terms

We may update these Terms periodically. Changes will be effective immediately, except for existing users, who will receive 30 days’ notice of any material revisions. Continued use of the Community after the effective date of such revisions constitutes your acceptance of the revised Terms.

Terms

These Terms are effective until terminated by either you or Community Owner.

Termination

Community Owner may terminate these Terms or your access to the Community at any time for any reason, with or without notice. You may also terminate your account at any time by contacting us at chris@theprivateclubs.com.

Indemnity

You agree to indemnify and hold harmless Community Owner, Service Provider, and their affiliates against any claims arising from your use of the Community or violation of these Terms.

Licenses

Subject to your ongoing compliance with these Terms, Community Owner grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use any mobile or other downloadable application provided by Community Owner on a device you own or control, and (b) access and use the Community for your personal, non-commercial use.

Disclaimers; No Warranties by Community Owner

The Community is provided “as is” without warranties of any kind. Community Owner does not guarantee that the Community will be uninterrupted or error-free.

Limitation of Liability

Community Owner’s liability to you is limited to the amount you have paid for access to the Community in the 12 months prior to the event giving rise to the claim or $100, whichever is greater.

Dispute Resolution and Arbitration

You agree to resolve disputes through binding arbitration, with specific exceptions as outlined in this section.

Miscellaneous

These Terms constitute the entire agreement between you and Community Owner regarding your use of the Community. These Terms are governed by the laws of the State of New York.

More Information

For more details, please contact: Chris@theprivateclubs.com

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