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Terms
PigeonRacingClubs.com Terms of Use Agreement
January 26th, 2010
Edgar Walkowsky (“PigeonRacingClubs.com” or “we”) operates PigeonRacingClubs.com, which is a social networking website offering free social networking services to all pigeon racing clubs operating in Australia and overseas. PigeonRacingClubs.com can be contacted at PO Box 83 Macarthur Square NSW 2560. The services provided by PigeonRacingClubs.com are hosted in Australia.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the PigeonRacingClubs.com Services. By using the PigeonRacingClubs.com Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the PigeonRacingClubs.com Website, including through a mobile device or otherwise use the PigeonRacingClubs.com Services without being registered) or you are a "Member" (which means that you have registered with PigeonRacingClubs.com). The term "User" refers to a Visitor or a Member. You are only authorised to use the PigeonRacingClubs.com Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree to be bound by it or with any of the legal provisions applicable to it and to follow all applicable laws, you should leave the PigeonRacingClubs.com Website and discontinue use of the PigeonRacingClubs.com Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the PigeonRacingClubs.com Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes PigeonRacingClubs.com's policy for acceptable use of the PigeonRacingClubs.com Services and Content (as defined in Section 6.1 below) posted on or through the PigeonRacingClubs.com Services and your rights, obligations and restrictions regarding your use of the PigeonRacingClubs.com Services and Content posted on or through the PigeonRacingClubs.com Services. In order to participate in certain PigeonRacingClubs.com Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from PigeonRacingClubs.com. Unless otherwise provided by the additional terms and conditions applicable to the PigeonRacingClubs.com Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@PigeonRacingClubs.com, Subject: Terms of Use Agreement.
PigeonRacingClubs.com may modify this Agreement from time to time and such modification shall be effective upon posting by PigeonRacingClubs.com on the PigeonRacingClubs.com Website. Your continued use of the PigeonRacingClubs.com Services after PigeonRacingClubs.com posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the PigeonRacingClubs.com Services and that you provide to other Users. Your PigeonRacingClubs.com profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other PigeonRacingClubs.com Members (for instance, in their profile) may, in whole or in part, be unauthorised, impermissible or otherwise violate this Agreement, and PigeonRacingClubs.com assumes no responsibility or liability for this material. If you become aware of misuse of the PigeonRacingClubs.com Services by any person, please click on the "Contact PigeonRacingClubs.com” or the “Report Abuse” link at the bottom of the PigeonRacingClubs.com Website pages.
PigeonRacingClubs.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the PigeonRacingClubs.com Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. PigeonRacingClubs.com expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the PigeonRacingClubs.com Services if PigeonRacingClubs.com determines, in its sole discretion, that you have violated this Agreement or pose a threat to PigeonRacingClubs.com and/or its Users and/or violating any applicable law.
1. Eligibility. Use of the PigeonRacingClubs.com Services and registration to be a Member for the PigeonRacingClubs.com Services (“Membership”) is void where prohibited. By using the PigeonRacingClubs.com 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 13 years of age or older; and (d) your use of the PigeonRacingClubs.com Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the PigeonRacingClubs.com Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. PigeonRacingClubs.com may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.
3. Fees. You acknowledge that PigeonRacingClubs.com reserves the right to charge for any portion of the PigeonRacingClubs.com Services and to change its fees (if any) from time to time in its discretion. If PigeonRacingClubs.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. 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 PigeonRacingClubs.com immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Members. The PigeonRacingClubs.com Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorised by PigeonRacingClubs.com. PigeonRacingClubs.com reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorised use of the PigeonRacingClubs.com Services, including collecting usernames, userid numbers and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the PigeonRacingClubs.com Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorised solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. PigeonRacingClubs.com reserves the right to take appropriate legal action for any illegal or unauthorised use of the PigeonRacingClubs.com Services.
6. Proprietary Rights in Content on PigeonRacingClubs.com.
6.1 PigeonRacingClubs.com 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 PigeonRacingClubs.com Services. After posting your Content to the PigeonRacingClubs.com Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the PigeonRacingClubs.com Services, you hereby grant to PigeonRacingClubs.com a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the PigeonRacingClubs.com Services, including without limitation distributing part or all of the PigeonRacingClubs.com Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the PigeonRacingClubs.com Website. This limited license does not grant PigeonRacingClubs.com the right to sell or otherwise distribute your Content outside of the PigeonRacingClubs.com Services. After you remove your Content from the PigeonRacingClubs.com Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the PigeonRacingClubs.com Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the PigeonRacingClubs.com Website as soon as practicable after you make the change.
6.2 The license you grant to PigeonRacingClubs.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to PigeonRacingClubs.com), fully-paid and royalty-free (meaning that PigeonRacingClubs.com is not required to pay you for the use on the PigeonRacingClubs.com Services of the Content that you post), sublicensable (so that PigeonRacingClubs.com is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the PigeonRacingClubs.com Services), and worldwide (because the Internet and the PigeonRacingClubs.com Services are global in reach).
6.3 You represent, warrant and covenant that: (i) you own the Content posted by you on or through the PigeonRacingClubs.com Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the PigeonRacingClubs.com Services does not violate any applicable laws, including but not limited to the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you on or through the PigeonRacingClubs.com Services.
6.4 The PigeonRacingClubs.com Services contain Content of PigeonRacingClubs.com ("PigeonRacingClubs.com Content"). PigeonRacingClubs.com Content is protected by copyright, trademark, patent, trade secret, industrial secret, and other laws, and PigeonRacingClubs.com owns and retains all rights in the PigeonRacingClubs.com Content and the PigeonRacingClubs.com Services. PigeonRacingClubs.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the PigeonRacingClubs.com Content (excluding any software code) solely for your personal use in connection with viewing the PigeonRacingClubs.com Website and using the PigeonRacingClubs.com Services.
6.5 The PigeonRacingClubs.com Services contain Content of Users and other PigeonRacingClubs.com 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 PigeonRacingClubs.com Services.
6.6 PigeonRacingClubs.com performs technical functions necessary to offer the PigeonRacingClubs.com Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the PigeonRacingClubs.com Services.
7. Content Posted.
7.1 PigeonRacingClubs.com may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of PigeonRacingClubs.com 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. PigeonRacingClubs.com assumes no responsibility for monitoring the PigeonRacingClubs.com Services for inappropriate Content or conduct. If at any time PigeonRacingClubs.com chooses, in its sole discretion, to monitor the PigeonRacingClubs.com Services, PigeonRacingClubs.com 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.
7.2 You are solely responsible for the Content that you post on or through any of the PigeonRacingClubs.com Services, and any material or information that you transmit to other Members and for your interactions with other Users.
7.3 You are solely responsible for ensuring that all Content that you post on or through any of the PigeonRacingClubs.com Services, and any material or information that you transmit to other Users, conforms to all applicable data protection and privacy laws, including ensuring that you have obtained the prior consent of any and all individuals whose personal information you use and/or disclose on or through PigeonRacingClubs.com.
8 Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the PigeonRacingClubs.com Services. PigeonRacingClubs.com reserves the right to investigate and take appropriate legal action against anyone who, in PigeonRacingClubs.com's sole discretion, violates this provision, including without limitation, removing the offending Content from the PigeonRacingClubs.com Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of PigeonRacingClubs.com:
8.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2 harasses or advocates harassment of another person;
8.3 exploits people in a sexual or violent manner;
8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
8.5 solicits personal information from anyone under 18;
8.6 publicly posts information that poses or creates a privacy or security risk to any person;
8.7 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;
8.8 constitutes or promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
8.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11 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;
8.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.13 includes a photograph or video of another person that you have posted without that person's consent;
8.14 uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the page;
8.15 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; or
8.16 promotes propaganda and/or symbols of organizations which are unconstitutional or illegal in your country.
The following are examples of the kind of activity that is illegal or prohibited on the PigeonRacingClubs.com Website and through your use of the PigeonRacingClubs.com Services. PigeonRacingClubs.com reserves the right to investigate and take appropriate legal action against anyone who, in PigeonRacingClubs.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.17 criminal or tortious activity, including child pornography, corruption of minors, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, intellectual property rights (including but not limited to copyright, trademark and patent infringement), or theft of trade or industrial secrets;
8.18 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorised or impermissible use of the PigeonRacingClubs.com Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, PigeonRacingClubs.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which PigeonRacingClubs.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorised commercial communications of any kind through the PigeonRacingClubs.com Services, you acknowledge that you will have caused substantial harm to PigeonRacingClubs.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay PigeonRacingClubs.com USD $50 for each such unsolicited email or other unauthorised commercial communication you send through the PigeonRacingClubs.com Services;
8.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the PigeonRacingClubs.com Services;
8.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorised use of or access to a computer or a computer network;
8.21 covering or obscuring the advertisements on any PigeonRacingClubs.com page via HTML/CSS or any other means;
8.22 any automated use of the system, including but not limited to, using scripts to add friends or send comments or messages;
8.23 interfering with, disrupting, or creating an undue burden on the PigeonRacingClubs.com Services or the networks or services connected to the PigeonRacingClubs.com Services;
8.24 impersonating or attempting to impersonate another Member, person or entity;
8.25 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.26 selling or otherwise transferring your profile;
8.27 using any information obtained from the PigeonRacingClubs.com Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.28 displaying an unauthorised commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorised or impermissible use of the PigeonRacingClubs.com Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
8.29 using the PigeonRacingClubs.com Services in a manner inconsistent with any and all applicable laws and regulations.
9 Protecting Copyrights and Other Intellectual Property. PigeonRacingClubs.com 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. PigeonRacingClubs.com has the right to terminate the Membership of infringers.
If you believe your work has been copied and posted on or through the PigeonRacingClubs.com Services in a way that constitutes copyright infringement, please send PigeonRacingClubs.com's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the PigeonRacingClubs.com Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf; and (f) your physical or electronic signature. PigeonRacingClubs.com's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, PigeonRacingClubs.com, Inc., 8391 Beverly Blvd., #349, Los Angeles, CA 90048; Facsimile: (310) 388-0892; Attn: Copyright Agent. PigeonRacingClubs.com's Copyright Agent for notification of claimed infringement can also be reached electronically by clicking here. PigeonRacingClubs.com provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works.
10. Member Disputes. You are solely responsible for your interactions with other PigeonRacingClubs.com Members. PigeonRacingClubs.com reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
11. Privacy. Use of the PigeonRacingClubs.com Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers. PigeonRacingClubs.com is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the PigeonRacingClubs.com Services, whether caused by Users of the PigeonRacingClubs.com Services or by any of the equipment or programming associated with or utilized in the PigeonRacingClubs.com Services and such User Content does not necessarily reflect the opinions or policies of PigeonRacingClubs.com. Profiles and third party applications created and posted by Members on the PigeonRacingClubs.com Website may contain links to other websites. PigeonRacingClubs.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by PigeonRacingClubs.com. Inclusion of any linked website on the PigeonRacingClubs.com Services does not imply approval or endorsement of the linked website by PigeonRacingClubs.com. When you access these third-party sites, you do so at your own risk. PigeonRacingClubs.com takes no responsibility for third party advertisements or third party applications that are posted on or through the PigeonRacingClubs.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. PigeonRacingClubs.com is not responsible for the conduct, whether online or offline, of any User of the PigeonRacingClubs.com Services. PigeonRacingClubs.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any User or Member communication. PigeonRacingClubs.com 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 PigeonRacingClubs.com 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 PigeonRacingClubs.com Services. Under no circumstances shall PigeonRacingClubs.com be responsible for any loss or damage, including personal injury or death, resulting from use of the PigeonRacingClubs.com Services, attendance at a PigeonRacingClubs.com event, from any User Content posted on or through the PigeonRacingClubs.com Services, or from the conduct of any Users of the PigeonRacingCl
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