AllTimeClubbing ( the "site", "service", "game", "platform", "website", "portal" or "system" "AllTimeClubbing" ) which is a content (video, sound and pictures under recognized formats ) hosting and sharing service that allows Users (as defined in the following paragraph) to store images and videos and share them across the internet and create unique personal profiles online.
The services offered by AllTimeClubbing include the site as it is, applications and services, links to partner providers, printing and other media merchandise and any other features in connection with AllTimeClubbing's business, logo and slogan which will be collectively called further, the "AllTimeClubbing Services".
Please choose carefully the information you post on or through the AllTimeClubbing Services and that you make available directly or indirectly to other Users. Your AllTimeClubbing profile and any Content that you upload to AllTimeClubbing may not include any form of Prohibited Content, as outlined below. Despite this prohibition, information, materials, products or services provided by other AllTimeClubbing Users (for instance, in their profile or images/videos) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and AllTimeClubbing assumes no responsibility or liability for this material. If you become aware of misuse of the AllTimeClubbing Services by any person, please email firstname.lastname@example.org and include in your email a URL to the material in question.
AllTimeClubbing reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, descriptions, comments, images or videos) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the AllTimeClubbing Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. AllTimeClubbing expressly reserves the right to remove any or all of your images, videos, account and profile and/or to deny, restrict, suspend, or terminate your access to all or any part of the AllTimeClubbing Services if AllTimeClubbing determines, in its sole discretion, that you have violated this Agreement or pose a threat to AllTimeClubbing and/or its Users.
Eligibility. Use of the AllTimeClubbing Services and/or registration to be a Member for the AllTimeClubbing Services ("Membership") is void where prohibited. By using the AllTimeClubbing 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) you are 14 years of age or older; and (d) your use of the AllTimeClubbing Services does not violate any applicable law or regulation.
Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the AllTimeClubbing Services. You may terminate your Membership at any time, for any reason, by following the instructions on the account options page. AllTimeClubbing may terminate your Membership at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership and/or your use of the AllTimeClubbing Services is terminated, this Agreement will remain in effect in its entirety.
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 AllTimeClubbing 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.
Use by Users. The AllTimeClubbing Services are for the personal use of Users 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 AllTimeClubbing. AllTimeClubbing reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the AllTimeClubbing Services, including collecting usernames, user id numbers, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site, 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 images, videos and/or Member profiles without notice or explanation and may result in termination of Membership privileges. AllTimeClubbing reserves the right to take appropriate legal action for any illegal or unauthorized use of the AllTimeClubbing Services.
AllTimeClubbing 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 AllTimeClubbing Services. By displaying or publishing ("posting") any Content on or through the AllTimeClubbing Services, you hereby grant to AllTimeClubbing and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content marked "private" will not be distributed outside the AllTimeClubbing Services. AllTimeClubbing and/or other Users may copy, print or display publicly available Content outside of the AllTimeClubbing Services, including without limitation, via the Site or third party websites or applications (for example, services allowing Users to order prints of Content or t-shirts and similar items containing Content). After you remove your Content from the AllTimeClubbing Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license to such Content will terminate. If after we have distributed your Content outside the AllTimeClubbing Website you change the Content's privacy setting to "private," we will cease any further distribution of such "private" Content outside the AllTimeClubbing Website as soon as practicable.
You represent and warrant that: (i) you own the Content posted by you on or through the AllTimeClubbing Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the AllTimeClubbing Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the AllTimeClubbing Services.
AllTimeClubbing Services contain Content of AllTimeClubbing ("AllTimeClubbing Content"). AllTimeClubbing Content is protected by copyright, trademark, patent, trade secret and other laws, and AllTimeClubbing owns and retains all rights in the AllTimeClubbing Content and the AllTimeClubbing Services. AllTimeClubbing hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the AllTimeClubbing Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the AllTimeClubbing Services.
The AllTimeClubbing Services contain Content of Users and other AllTimeClubbing 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 AllTimeClubbing Services.
AllTimeClubbing performs technical functions necessary to offer the AllTimeClubbing Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the AllTimeClubbing Services.
Although the Site and other AllTimeClubbing Services are normally available, there will be occasions when the Site or other AllTimeClubbing Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of AllTimeClubbing. Also, although AllTimeClubbing will normally only delete Content that violates this Agreement, AllTimeClubbing reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by AllTimeClubbing in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, AllTimeClubbing encourages you to maintain your own backup of your Content. In other words, AllTimeClubbing is not a backup service. AllTimeClubbing will not be liable to you for any modification, suspension, or discontinuation of the AllTimeClubbing Services, or the loss of any Content.
AllTimeClubbing may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of AllTimeClubbing 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. AllTimeClubbing assumes no responsibility for monitoring the AllTimeClubbing Services for inappropriate Content or conduct. However, on both free and PRO accounts, and regardless of whether the Content is public or private, AllTimeClubbing may choose to monitor such Content at any time, in its sole discretion. If at any time AllTimeClubbing chooses to monitor the AllTimeClubbing Services, AllTimeClubbing 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.
You are solely responsible for the Content that you post on or through any of the AllTimeClubbing Services, and any material or information that you transmit to other Users and for your interactions with other Users.
You must use the AllTimeClubbing Services in a manner consistent with any and all applicable laws and regulations. The following are examples of the kind of Content that is illegal or prohibited to post on or through the AllTimeClubbing Services. AllTimeClubbing reserves the right to investigate and take appropriate legal action against anyone who, in AllTimeClubbing's sole discretion, violates this provision, including without limitation, removing the offending Content from the AllTimeClubbing Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of AllTimeClubbing:
- is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- publicly posts information that poses or creates a privacy or security risk to any person;
- 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;
- constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- 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;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without prior written consent from AllTimeClubbing such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph or video of another person that you have posted without that person's consent; or
- violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person.
Member Disputes. You are solely responsible for your interactions with other Members. AllTimeClubbing reserves the right, but has no obligation, to resolve or arbitrate disputes between you and other Members.
Disclaimers. AllTimeClubbing is not responsible for and makes no warranties, express or implied, as to the Content or the accuracy and reliability of the Content posted on or through the AllTimeClubbing Services, whether caused by Users of the AllTimeClubbing Services or by any of the equipment or programming associated with or utilized in the AllTimeClubbing Services and such Content does not necessarily reflect the opinions or policies of AllTimeClubbing. Profiles and third-party applications created and posted by Users on the Site may contain links to other websites. AllTimeClubbing is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by AllTimeClubbing. Inclusion of any linked website on the AllTimeClubbing Services does not imply approval or endorsement of the linked website by AllTimeClubbing. When you access these third-party sites, you do so at your own risk. AllTimeClubbing takes no responsibility for third-party advertisements or third-party applications or services that are posted on or through the AllTimeClubbing Services, nor does it take any responsibility for the goods or services provided by its advertisers or third party websites or applications. AllTimeClubbing is not responsible for the conduct, whether online or offline, of any User of the AllTimeClubbing Services. AllTimeClubbing 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 communication. AllTimeClubbing 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 AllTimeClubbing 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 AllTimeClubbing Services. Under no circumstances shall AllTimeClubbing be responsible for any loss or damage, including personal injury or death, resulting from use of the AllTimeClubbing Services, from any Content posted on or through the AllTimeClubbing Services, or from the conduct of any Users of the AllTimeClubbing Services, whether online or offline. The AllTimeClubbing Services are provided "AS-IS" and as available and AllTimeClubbing expressly disclaims any warranty of fitness for a particular purpose or non-infringement. AllTimeClubbing cannot guarantee and does not promise any specific results from use of the AllTimeClubbing Services.
Disputes.The Agreement shall be governed by, and construed in accordance with, the laws of the State of Romania, without regard to its conflict of law provisions. You and AllTimeClubbing agree to submit to the exclusive jurisdiction of the county courts - Court of Appeal Timisoara to resolve any dispute arising out of the Agreement or the AllTimeClubbing Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL 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.
Indemnity. You agree to indemnify and hold AllTimeClubbing, 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 AllTimeClubbing 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 AllTimeClubbing Services causes AllTimeClubbing to be liable to another.
Protecting Copyrights and Other Intellectual Property. AllTimeClubbing 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. AllTimeClubbing has the right to terminate the Membership of infringers. If you believe your work has been copied and posted on or through the AllTimeClubbing Services in a way that constitutes copyright infringement, please report the specific content.
Other. This Agreement is accepted upon your use of the Site or any of the AllTimeClubbing Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and AllTimeClubbing regarding the use of the AllTimeClubbing Services. The failure of AllTimeClubbing 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. 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.
License Limitations. Any use of AllTimeClubbing in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your account and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY AllTimeClubbing SERVICE, APPLICATION OR GAME IS A VIOLATION OF AllTimeClubbing POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
You agree that you will not, under any circumstances use the site, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation. You also agree that you will not use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or any AllTimeClubbing applications or game experience. You agree that you will not use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Service or any AllTimeClubbing game experience; You agree to not institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service or attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by AllTimeClubbing, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
You agree that you will not, under any circumstances without AllTimeClubbing's express written consent, use the Service or any part thereof for any commercial purpose, including but not limited to communicating or facilitating any commercial advertisement or solicitation, or gathering or transferring Virtual Items for sale, use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service or transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items.
Games and Service. The Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a AllTimeClubbing game client, and the AllTimeClubbing game clients and server software) are copyrighted works owned by ALLTIMECLUBBING. AllTimeClubbing reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.
Virtual Items. AllTimeClubbing owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items appearing or originating in any AllTimeClubbing game, whether “earned” in a game or “purchased” from AllTimeClubbing, or any other attributes associated with an Account or stored on the Service.
AllTimeClubbing prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorized by AllTimeClubbing in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of a game, without AllTimeClubbing's written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
Links to Third Party Sites and Dealings With Advertisers. AllTimeClubbing may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Service and/or upgrades (such as in-game currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility. AllTimeClubbing makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of AllTimeClubbing and may collect data or solicit personal information from you. AllTimeClubbing is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by AllTimeClubbing of these linked sites.
You understand that the Service is an evolving one. AllTimeClubbing may require that you accept updates to the Service and to AllTimeClubbing's games or any other applications you have installed on your computer or mobile device. You acknowledge and agree that AllTimeClubbing may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service, use the applications or portal and play AllTimeClubbing's Games.