METROPOLIS CLUB - TERMS AND CONDITIONS OF USE AGREEMENT
Welcome to Metropolis Club, a service of Metropolis Network which provides you with useful tools for building personal relationships online. Before you may access or view the Metropolis Club web Site ("Site") you must read and agree to these Terms and Conditions, governing the providing of the Metropolis Club Services ("Services"). Please read them carefully. By visiting this Site, you are agreeing to the Terms and Conditions of this Agreement ("Agreement"). This Agreement is subject to change at any time and changes are effective upon posting in this Site. Bookmark this page and check it frequently as it is up to you to refer to this page for any changes to the original Agreement. Upon possible request from Metropolis Network you agree to sign a non-electronic version of this Agreement.
By registering with Metropolis Club you become a registered user of the Services ("User") and you agree to be bound by the Terms and Conditions of this Agreement for as long as you continue to be a User. If you do not agree to these Terms and Conditions, please do not register with Metropolis Club or otherwise access or use this Site.
1. Eligibility
You must be eighteen or over to register of or use this Site, otherwise the registration in the Services is null and void. By viewing and/or using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement and that you are at least 18-years old (21-years old in any location where 18 is not the age of majority).
2. Fees/Termination
The Metropolis Club usage and/or subscription fees and charges were provided to you upon registration and/or subscription and may change any time (it is up to you to refer to "Our Services" page for any changes). The Metropolis Network reserves the right to modify these Terms, Conditions and the Services offered by this Site from time to time, for any reason and without notice, including the right to terminate the Services also. Please review these Terms and Conditions from time to time so you will be apprised of any changes. Metropolis Network reserves the right to terminate your access and/or to delete your registration to this Site at any time, for any reason or for no reason and without any notice also. Metropolis Network may terminate your subscription in the Metropolis Club Services any time upon sending written notice to you at the email address you provide in your application for registration or such other email address as you may later provide. You may terminate your registration to the Site and/or subscription to the Services any time upon sending written notice to Metropolis Network (see the addresses below). All subscription fees and charges paid are non-refundable for any reason. Metropolis Network reserves the right to immediately suspend or terminate your access to the Metropolis Club Services, also without notice, as a result of any violation of this Agreement on your behalf, which is brought to its attention. Even after this Agreement is terminated, certain provisions will remain in effect including (but not limited to) sections 1, 3, 7, 9, 11, 12, 13, 14 inclusive, of this Agreement.
3. Personal and Non-Commercial Use by Users
The Metropolis Club Site is for the personal use of individual users only. Your registration and/or subscription in the Services is for your sole, personal use. You may not authorize others to use your registration and/or subscription and you may not assign or otherwise transfer your account to any other person or entity. The Metropolis Club Site may not be used in connection with any commercial endeavours. Organizations, companies and/or businesses may not become Users of Metropolis Club and should not use the Metropolis Club Services or Site for any purpose. Illegal and/or unauthorized use of this Site, including unauthorized framing of or linking to the Site or the sending of unsolicited Bulk commercial e-mail and messages will be investigated, and appropriate legal action will be taken. In order to prevent the sending of unsolicited email to its Users, Metropolis Network may take the necessary steps, including the limiting of the numbers of messages sent by a User.
4. Proprietary Rights of Content on Metropolis Club
Metropolis Network owns and retains all the proprietary rights in the Metropolis Club and the Metropolis Club Services. The Site contains copyrighted material, trademarks and other proprietary information of Metropolis Network and its licenses. Except for the information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Registration to the Site
To use the Metropolis Club Services you must register to the Site. When and if you register and/or insert your personal profile with or without photos, you agree to provide accurate, current and complete information about yourself as requested by the registration and profile forms ("Data") of the Site and to maintain and update your information to keep it accurate, current and complete. You agree that Metropolis Network may rely on your Data as accurate, current and complete. You acknowledge that if your Data is untrue, inaccurate, not current or incomplete in any respect, Metropolis Network reserves the right to terminate this Agreement and your use of the Site.
When you register, Metropolis Network will require that you provide sufficient information to indicate that you are at least 18 years old. By becoming a User, you represent and warrant that you are at least 18 years old, which is the minimum required age to become a User (21-years old in any location where 18 is not the age of majority). However, Metropolis Network cannot guarantee that each User is at least the required minimum age, nor does Metropolis Network accept responsibility or liability for any content, communication or other use or access of the Site by persons under the age of 18 in violation of these Terms and Conditions.
6. Username and Password to Login to the Site
As part of the registration process, you will be asked to choose a username and password. Metropolis Network may refuse, in its own sole discretion, to grant any username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, or include identifying information such as your surname, phone number, email address, ICQ number, address or any contact information. You are responsable for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reasons to believe that your account is no longer secure, you must promptly change your password by updating your account information, available at the "My Info" page after logging on to the Site. You are solely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account.
7. The Content Posted on the Site
A) You understand and agree that Metropolis Network may modify and/or delete any content, message, photo, audio, video, personal profile or other (collectively, "Content") that in the sole judgment of Metropolis Network violate these Terms and Conditions of use or which might be offensive, illegal or that might violate the rights, harm, or threaten the safety of Metropolis Network and/or its Users.
B) You are solely responsible for the Content that you publish or display on the Metropolis Club Services or transmit to other Metropolis Club Users. In your personal profile and in any public area on the Site you may not include identifying information such as your surname, phone number, email address, ICQ number, address or any contact information.
C) By posting any Content to any public area of Metropolis Club, you automatically grant (and you represent and warrant that you have the right to grant) to Metropolis Network an irrevocable, perpetual, non-exclusive, fully-paid, worldwide licence to use, copy, modify, delete, perform, display, distribute and sell such information, contents and rights of publicity, and to prepare derivative works of, or incorporate into other works and other media, and to grant and authorize sublicenses of the foregoing. As a visitor of Metropolis Club if you provide Metropolis Network with any information (your email address included) via a registration process or otherwise post it on Site you thereby authorize Metropolis Network and its affiliates and any entities that Metropolis Network becomes involved with or merges with, the right to use and/or sell your posted information (email address included) for any marketing program or communication with you.
D) The following is only a partial list of the kind of Content that is illegal or prohibited on the Site. Metropolis Network will investigate and take appropriate legal actions in its own sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the registration and/or subscription of such violators. The list includes Content that: is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; 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 manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides instructional information on illegal activities such as 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; engages in commercial activities and/or sales without its prior written consent such as contests, sweepstakes, advertising, pyramid schemes, etc.
E) You must use the Metropolis Club Service in a manner consistent with any and all applicable laws and regulations.
F) You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy any Metropolis Club web pages or any content contained herein without prior expressed written permission of Metropolis Network. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the Metropolis Club Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Metropolis Network. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Metropolis Network by the Users or third parties.
G) You may not engage in advertising to, or solicitation of, other Users to buy or sell any products or services through the Services of the Site. You will not transmit any chain letters or junk email to other Metropolis Club Users. Although Metropolis Network cannot monitor the conduct of its Users off the Metropolis Club Site, it is also a violation of these rules to use any information obtained from the Services of the Site in order to harass, abuse or harm another person, or in order to contact, advertise to, solicit or sell to any User without their prior explicit consent.
8. Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site including the URLs of web pages and/or hyperlinks; your address, telephone number and email address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
9. Users Disputes
Metropolis Network does not control the information provided by the Users that are made available through the Site. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense and safety when using the Site. You are solely responsible for your interactions with other Metropolis Club Users. Because it is not involved in it's Users interactions, in the event that you have a dispute with one or more Users or those who have posted, viewed or used information on the Site, you release Metropolis Network (including its officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Metropolis Network reserves the right, but has no obligation, to monitor disputes between you and other Users.
10. Privacy Policy
Use of the Metropolis Club Site and/or its Services is governed by
Privacy Policy of Metropolis Network, which may change at any time and changes are effective upon posting in this Site.
11. Disclaimers
Metropolis Network, including its affiliates, subsidiaries, directors, officers, agents, employees and other partners (collectively "Metropolis Network"), is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Services, whether caused by Users, visitors or by any of the equipment or programming associated with or utilized in the Services, nor for the conduct of any User of the Metropolis Club Services whether online or offline. Metropolis Network 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 User communications. Metropolis Network 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 email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site and/or the Services.
Under no circumstances Metropolis Network will be responsible for any loss or damage resulting from anyone's use of the Site or the Service and/or any Content posted on the Site or transmitted to Metropolis Club Users. The Site and the Services are provided "AS-IS" and Metropolis Network expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Metropolis Network cannot guarantee and does not promise any specific results from use of the Site and/or the Services.
Metropolis Network discloses to you that there are risks of dealing with other Internet users. These users could be resident in different countries as regards where they say to live, underage persons or people acting under false pretence or with some other illegal purpose.
User authentication on the Internet is very difficult. Accordingly, Metropolis Network cannot and does not confirm that each User is who he or she claims to be. Therefore, you must be careful in dealing with other Users.
12. Limitation on Liability
Except in jurisdictions where such provisions are restricted (and in that event Liability is disclaimed to the fullest extent permitted by law), in no event will Metropolis Network be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also (but not limited to) lost profits arising from your use of the Site or the Metropolis Club Services, even if Metropolis Network knows or has been advised of the possibility of such damages. Notwithstanding any contrary provision contained herein but subject to the foregoing limitation of liability, in all events Metropolis Network 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 Metropolis Network for the Services during the term of your subscription.
In addition, Metropolis Network disclaims all liability, regardless of the form of action, for the acts or omissions of other users (including unauthorized users, or "hackers") of the Site and /or Services.
13. Disputes
Any controversy or claim arising out of or relating to these Terms and Conditions or any User's use of the Site and/or the Services shall be settled by binding arbitration in accordance with the commercial international arbitration rules. Any such controversy or claim shall be arbitrated on an individual basis (holding Metropolis Network the choice of jurisdiction, in its own sole discretion) and shall not be consolidated in any arbitration with any claim or controversy of any other party. The party to the arbitration shall evenly divide any and all costs of the arbitration. Neither party shall be entitled to attorney fees.
14. Indemnity
You agree to indemnify and hold Metropolis Network (including its affiliates, subsidiaries, directors, officers, agents, employees and other partners) harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party, due to or arising out of your use of the Site and/or the Services in violation of this Agreement and/or arising from any breach of these Terms and Conditions of use and/or any breach of your representations and warranties set forth above.
15. Notices/Other
Except as explicitly stated otherwise, any notices from you shall be given by fax to:
Head Office (Seattle, USA) Fax +1 206 338 5675 |
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and from Metropolis Network to the email address you provide during the registration process or such other email address as you may later provide to Metropolis Network. Notice shall be deemed given 24 hours after email or fax is sent, unless the sending party is notified that the email address or fax is invalid. Alternatively, Metropolis Network may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided, if any, to Metropolis Network during the registration process or later. In such case, notice shall be deemed given 3 days after the date of mailing. You agree that this Agreement and any incorporated Agreements may be automatically assigned by Metropolis Network, in its own sole discretion, to a third party. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. References to Metropolis Network shall include its affiliates, subsidiaries, directors, officers, agents, employees and other partners. Metropolis Network's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.