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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE CLUBBIN.TV, WEBSITE (the "Site"). This Site is fully controlled and operated by Clubbin Networks ("CLUBBIN.TV", "we" or "us"). By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of CLUBBIN.TV (the "Agreement"). Please note that this Site and the Services (as defined below) offered are only open to users 13 years of age or older. If you do not agree with all of the following terms and conditions, please do not use this Site. By registering for this Site, you will automatically be registered to use CLUBBIN.TV's other websites, and all of the services offered by each, including but not limited to chat rooms, message boards, email services, shopping and customized homepages (collectively, the "Services").

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Without limiting the foregoing, we may occasionally notify you by email about changes to the Site or provide notices of changes by displaying notices or links to notices to you generally on the Site. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on July 1, 2010.

OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text, images, photographs, illustrations, audioclips, videoclips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of CLUBBIN.TV and/or its subsidiaries, affiliates or assigns or CLUBBIN.TV's licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark and other applicable laws. CLUBBIN.TV hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Material for noncommercial and personal use only provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of CLUBBIN.TV. Use of CLUBBIN.TV and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

MESSAGING SERVICES (E.G. EMAIL AND CLUBBIN.TV MESSAGING.)
1. Description of Services:
During registration you will be asked to provide current, complete and accurate information as prompted to so do. You will then enter your registered username and password. Your username and password will be used for all Services offered by the Sites. You are entirely responsible for maintaining the confidentiality of your username and password. A user's IP address and identity will not be displayed in connection with the Services, unless the user selects this option during registration and customization of the Services. All information requested during registration shall be referred to as the "Registration Data". Please read the CLUBBIN.TV Privacy Policy for information on how CLUBBIN.TV collects and uses user's personal information. Notwithstanding the terms of the CLUBBIN.TV Privacy Policy, you grant to CLUBBIN.TV the right to disclose the Registration Data to third parties for the purposes of administering and maintaining the Services. Furthermore, while it is CLUBBIN.TV's policy to respect the privacy of its users, including information about user's use of the Services, including the contents of users' email and messages ("Email Content"), CLUBBIN.TV reserves the right to monitor, edit or disclose any personal information about the user, his/her use of the Services, or such contents, in the event that CLUBBIN.TV believes that such action is necessary in order to 1) conform to legal requirements or comply with legal process; 2) to protect and defend the rights of CLUBBIN.TV; 3) to enforce the Terms of Service; or 4) to act to protect the interests of its members and others.

You agree to notify CLUBBIN.TV immediately in the event that you believe that there is unauthorized use of your account.

2. Advertising.
Users may from time to time enter into correspondence with or participate in the promotions of advertisers through the Services. All such correspondence, including, without limitation, any resulting contractual agreements, are solely between the advertiser and the user and, as such, CLUBBIN.TV shall not be responsible for upholding any applicable terms, conditions, representations of warranties made by advertiser or user in connection therewith.

3. User Storage Space.
The amount of storage space per user is limited. Some messages may not be processed due to space constraints or outbound message limitations. CLUBBIN.TV assumes no responsibility for the deletion or failure to store, deliver, or deliver in a timely manner email messages.

4. Rules of Conduct.
You agreed that your use of the Services is subject to all applicable local, state, national and international laws and regulations and you are solely responsible for all acts or omissions that occur under your account or password, including, without limitation, the contents of your transmissions through the Services. User agrees not to:

  • Disseminate content intended to harass, abuse, threaten, impersonate any other individual or entity, disseminate obscene, defamatory, indecent, harmful, libelous, unlawful and/or other objectionable material/information.
  • Use the Services for the purposes of sending junk email, chain letters, duplicative or unsolicited messages or "spamming" or in connection with contests, surveys or pyramid schemes.
  • Use the Services for commercial purposes, including, without limitation, for the advertising or offering of goods or services.
  • Transmit or upload programs or material that contain viruses, timebombs, cancelbots, worms, trojan horses or other harmful or deleterious programs.
  • Transmit or upload any material that contains software or other material that is protected by intellectual property laws and/or would infringe upon rights of privacy or publicity of a third party unless user owns or controls the rights thereto or has received a license, permission and/or consent thereto.
  • Try to gain unauthorized access to the Services, other users' accounts, or computers connected to the Services though password mining or other means.
  • Violate any applicable laws or regulations, including, but not limited to, laws regarding the transmission of technical data or software exported from the United States through the Services.
  • Interfere with another user's use and enjoyment of the Services or any other individual's user and enjoyment of similar services.

5. Termination of the Services
CLUBBIN.TV may terminate the Services at any time with or without cause. CLUBBIN.TV shall not be liable to user of any other party for termination of the Services. If user should object to any of the terms and conditions of the Services, user may 1) discontinue use of the Services or 2) cancel his/her membership to the Services by sending an email from the email address submitted during registration to remove@clubbin.tv. The subject lines of the mail should read "remove <username>" where <username>represents the name the user uses to log in. The body of the email should include the member's username, password, date of birth and email address. CLUBBIN.TV will send a confirmation when the user's account is deleted Upon termination of the Services, CLUBBIN.TV will have no further obligation thereafter to forward any unread or unsent messages to user or any other party.

6. Disclaimer and Limitations of Liability
CLUBBIN.TV is not liable for failure to monitor or edit messages sent over the Services. CLUBBIN.TV does not endorse the content of users' communications and does not assume liability for any threatening, libelous, obscene, harassing or offensive material contained therein, User is responsible for maintaining the confidentiality of user's passwords and for all activities which occur under user's account.

SHOPPING
All of our products are guaranteed against defects for 30 days from the date of the invoice. In the event that a product you purchase from us is defective during such 30 day period, please contact us. Except as expressly stated herein, we expressly disclaims all warranties, express or implied, of any kind with respect to products sold on the Site, including but not limited to, merchantability and fitness for a particular purpose. You agree that our sole and exclusive maximum liability arising from any product sold on the Site shall be the price of the product ordered. In no event shall we, CLUBBIN.TV, its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to product sold.

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $500.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. We are a reseller to end user customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by us.

We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within New York, Nevada and California. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.

All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions. We will provide on-line technical notes on most computer hardware & software products as well as links to the technical support departments of the manufacturers.

COMMUNITY STANDARDS AND SUBMISSIONS
To the extent that portions of this site provide users an opportunity to submit, post and/or exchange information, ideas, opinions, photographs, images, video, creative works, or any other material (hereafter, the "Posting(s)"), please be advised that Postings do not necessarily reflect the views of CLUBBIN.TV. In no event shall CLUBBIN.TV assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this site.

By submitting a Posting, you authorize CLUBBIN.TV to use, and authorize others to use, such Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. By submitting a Posting, you represent and warrant that you have all necessary rights in such Posting and all information contained therein and that such Posting does not contain libelous, tortious, or otherwise unlawful information which may infringe upon the right of any third party. If your Posting incorporates the name, voice, likeness or image of any individual, you represent and warrant that you have the right to grant CLUBBIN.TV permission to use such name, voice, likeness and/or image of such individual appearing in the Posting in all media throughout the world in perpetuity. Without limiting the foregoing, CLUBBIN.TV will have the right to use and change the Postings in any manner that CLUBBIN.TV may determine. Please be advised that in no event shall CLUBBIN.TV assume or have any responsibility or liability for the manner in which the Posting is exploited or for any claim, damages or losses resulting from their use and/or appearance on CLUBBIN.TV's websites, affiliated television programming services or elsewhere. Please also understand that your Postings shall not be returned by CLUBBIN.TV.

You agree to defend, indemnify and hold CLUBBIN.TV, it parent, affiliated subsidiary and/or related entities and parties harmless from and against any breach or alleged breach of any of your representations, warranties or undertakings hereunder.

The CLUBBIN.TV chatroom/bulletin board may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although CLUBBIN.TV periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, CLUBBIN.TV will make every effort to ensure that the chatroom/bulletin boards best serve the interests of all users and, therefore, CLUBBIN.TV reserves the right to refuse to post, edit, or delete messages or any Postings that violate the above-referenced Rules of Participation or Terms and Conditions of this Site, as well as revoke the privileges of users who do not comply with such rules or block specific IP addresses and delete user's password and username.

If you believe that any information provided on this Site violates the Rules of Participation, Terms of Use of this Site, or otherwise infringes upon the rights of any third party, please send us e-mail.

CONTESTS AND SWEEPSTAKES, AUCTIONS, AND OTHER ACTIVITIES
CLUBBIN.TV provides Rules of Participation for certain activities on this Site including, without limitation, e-mail services, contests, sweepstakes, and auctions by CLUBBIN.TV and in conjunction with third parties. This Agreement is incorporated by reference to the specific Rules of Participation, which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.

DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLUBBIN.TV is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MTVN, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY MTVN OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall CLUBBIN.TV's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.

HYPERLINKS TO THIRD PARTY SITES
The appearance of external hyperlinks does not constitute endorsement by CLUBBIN.TV, its subsidiaries and affiliates of the opinions or views expressed by these linked websites and CLUBBIN.TV does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, CLUBBIN.TV is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither CLUBBIN.TV, its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information (the "Information") or Postings from the end user, be advised that in no event shall CLUBBIN.TV assume or have any responsibility or liability for the manner in which the Information or Postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, CLUBBIN.TV will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless, CLUBBIN.TV, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you. CLUBBIN.TV reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with CLUBBIN.TV in asserting any available defenses.

MISCELLANEOUS
CLUBBIN.TV operates and controls this site from its offices at 2255 Broadway, New York, New York 10036, United States of America. This site is intended exclusively for residents of the United States including residents of the United States, its territories and possessions. No software from this Site may be downloaded, exported or reexported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions. This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.

This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of New York applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State and County of New York.

 

OUR PRIVACY POLICY
We are committed to protecting our users privacy. To that end, we offer this statement to inform our users of how we define, gather and utilize personal information. We reserve the right, at our sole discretion, to change, modify or otherwise alter this policy at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Without limiting the foregoing, we may occasionally notify you by email about changes to the Site or provide notices of changes by displaying notices or links to notices to you generally on the Site. Please review this policy periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised privacy policy. For your information, this page was last updated on July 1, 2010.

We define personal information as information that includes a person's full name, address, telephone number, date of birth and/or email address or any other information that is tied to individually identifiable information that would allow someone to identify or contact you, unless stated otherwise herein or on the Site. We can gather information on our users in two different ways: (1) cookie technology; and (2) voluntary submissions.

We utilize cookie technology to collect data regarding the number of visits a person has made to our site. This data is stored in aggregate form and is in no way singled out in an individual file. This information allows us to know what pages/sites are of interest to our users and what pages/sites may be of less interest. Such information is utilized in revising the website to better meet our users needs and interests.

We also collect personally identifiable information from users through voluntary submissions. We use good faith efforts to make it clear why the information is being collected and what it will be used for. In the event that this information is being shared with a third party affiliate, sponsor or advertiser, we will use good faith efforts to post a notice on the Site clearly stating that the information is being shared and/or give the user the opportunity to opt-in to authorize the sharing of such information.

When you order products from us, we also collect personally identifiable information from you. If you order one of our products or services, we will collect and maintain your name, e-mail address, billing address, shipping address, telephone number, product selections, credit card or other payment information, order number, referring URL, IP address and a password. We collect this, and other information, as disclosed in this policy, in order to fill your order, to communicate with you about your order and to send you promotional materials. Before confirming your order, you will have the opportunity to review the product order form and make changes and additions to the information it contains. These changes will be automatically kept for future use. We use good faith efforts not to provide third parties with access to your individual account information, unless stated otherwise on the Site. We reserves the right to provide non-identifiable consumer data to third parties including, but not limited to, general statistics about pages viewed on our site, sales and other shopping information.

Unless specified otherwise on the Site, users must be 18 years or older before registering in any of our sweepstakes or contests. When sweepstakes or contests are open to users 13-17 years old, we will collect only first and last names, phone numbers and email addresses for prize fulfillment purposes only, unless otherwise stated on the Site. If a sweepstakes or contest winner is under 18 years old, we will require a consent form signed by the winner's parent or guardian in order to award the prize.

We have taken steps to ensure that personally identifiable information collected is secure, including limiting the number of people who have physical access to its database servers, as well as electronic security systems and password protections which guard against unauthorized access.