Terms and Conditions
TERMS OF SERVICE
Last Revised: January 17, 2022
The following terms and conditions (the “Terms of Service” or “Agreement”) constitute an agreement between you, whether as a casual visitor or a registered user (“User”, “you” or “your”) and Private Club Marketing Inc (“PCM”) and its affiliates, successors and assigns (“Private Club Marketing Inc”, “us”, “our” or ‘we”) regarding your use of Private Club Marketing’s Site, Email, Social and/or Services (all as defined below). Private Club Marketing Inc is the owner and operator of our website, newsletter, email notifications and any related applications provided by us (collectively, the “Services”), and all content and features contained in the foregoing.
BY ACCESSING THE CONTENT / SITE OR UTILIZING ANY OF THE SERVICES AND/OR REGISTERING WITH US, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE INCLUDING OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.
The sections below titled “Arbitration” contain a binding arbitration agreement and class action waiver. They affect your legal rights. Please read them carefully.
Modifications to the Terms of Service
Private Club Marketing Inc, in its sole and absolute discretion, may make changes or modifications to the Site, Social products, Email, this Agreement (including any policies or agreements which are incorporated by reference herein) at any time and without prior notice to you, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) Private Club Marketing Inc may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site, Social channels, or the Services after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. In addition, Private Club Marketing Inc may occasionally notify you of upcoming changes or modifications to this Agreement by email. We therefore recommend that you keep your account information including, but not limited to, your email address, current.
Eligibility; Registration
This Site, Email and the Services are available only to Users who can form legally
binding contracts under applicable law. By using this Site, Social channels or the
Services, you represent and warrant that you are at least eighteen (18) years of age.
Your Use of the Services
Private Club Marketing’s community, like any community, functions best when its Users follow a few simple rules. By accessing and/or using the Site, the App or any Services, you agree to comply with these community guidelines (the “Community Guidelines”) and that: Your use of the Site, Email, Social and the Services including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations; you will not impersonate another User or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, nor will you collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent; you will not use Private Club Marketing in a manner (as determined by Private Club Marketing Inc in its sole and absolute discretion) that is illegal, infringing, defamatory, harassing, or abusive, that violates the privacy or publicity rights of another User or any other third party, or that is otherwise objectionable;. you will not use this Site, Social, Email or the Services for hate speech, hate crimes or violence; You will not use this Site, Social, Email or the Services to send spam or other unsolicited bulk email, for computer or network hacking or cracking, or to transmit any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality or security of the Site, Social, Email or the Services; Private Club Marketing Inc reserves the right to modify, change, or discontinue any aspect of this Site, the App or the Services at any time.
Copyright Infringement
Private Club Marketing Inc (PCM) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). It is PCM’s policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers or Users; and (b) remove and discontinue service to repeat offenders. Written Notification. If you believe that your content has been copied in a way that constitutes copyright infringement, please notify our Copyright Lead by emailing us at info@privateclubmarketing.com. All notices sent to PCM regarding matters other than informing PCM that a party’s copyrighted material may have been infringed as a result of third party materials will not receive a response through this process.
Upon receipt of a valid Counter Notification containing the information as outlined above, the DMCA provides that the removed material will be restored or access reenabled and PCM will comply with this requirement within a reasonable time (or as otherwise required by law), provided PCM Copyright Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain User from engaging in infringing activity relating to the material on PCM’s network or system.
Links to Third-Party Websites
This Site, Social, Email and the Services may contain links to third-party websites that are not owned or controlled by Private Club Marketing Inc (PCM). These links are provided solely as a convenience to you and do not constitute an endorsement by PCM of the content on such websites nor of the business practices of those operating those websites. PCM has no control over and assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, PCM does not censor or edit the content of any third-party websites. By using this Site, Social, Email and the Services, you expressly release PCM from any and all liability arising from your use of any third-party website. Accordingly, PCM encourages you to be aware when you leave this Site, Social, Email and the Services and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
Indemnity
You agree to indemnify and hold harmless Private Club Marketing Inc (PCM), its and affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all claims, demands, disputes, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or in relation to your breach of these Terms or your misuse of the Site, Social, Email and the Services, Private Club Marketing Content or any Beta Feature. PCM reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Binding
Arbitration Except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, in the County of Orange, in the State of California, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum with respect to) to waive the right to trial by jury in any such action or proceeding that takes place relating to or arising out of this Agreement, all disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by binding arbitration governed by the Federal Arbitration Act and in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Services (“JAMS”) then in force. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH DISPUTE IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. The arbitration hearings and all meetings pursuant to this section shall be held in Orange County, in the State of California. If the parties cannot agree upon a single arbitrator within twenty (20) calendar days after demand by either of them, each party shall select one arbitrator knowledgeable about Internet commerce in California, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators (with knowledge of the Internet industry). If this procedure for selecting arbitrators fails, then a neutral arbitrator based in California with knowledge of Internet commerce shall be selected by JAMS to resolve the dispute. The arbitrator(s) shall conduct a hearing within sixty (60) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within ten (10) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys’ fees or arbitrators’ fees under this section.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT any controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party, unless agreed to by Private Club Marketing Inc at ITS sole discretion.
Social Media Terms and Conditions for Private Club Marketing
Thank you for reading our social media terms. Social media platforms, in their true form, are public. If you respond to our brand’s questions, posts or otherwise post content on or via our brand “presence” on social media platforms, we may use or republish your content. That content can be in the form of text, video or other materials (“CONTENT”). Examples of our official presence on social media platforms include the Private Club Marketing Facebook Page, Private Club Marketing Instagram Page, Private Club Marketing Email, Private Club Marketing Twitter or other Private Club Marketing properties. Our social pages are not limited to this list.
By posting or otherwise making available any Content, or otherwise responding to or communicating with us on or via our official brand presence on social media platforms/sites and branded hashtags (including, without limitation Instagram, Facebook, Twitter, Snapchat, YouTube, TikTok, FourSquare, Tumblr, Foodspotting and Pinterest, collectively “Social Media Platforms”) you represent and warrant that you are eighteen (18) years of age or older and that you agree to the following terms and conditions:
You irrevocably grant us, and our affiliates, licensees and assigns, a royalty-free, perpetual, non-exclusive, unrestricted right and license throughout the universe to copy, reproduce, modify, edit, adapt, translate, create derivative works of, publish, post, distribute, publicly perform, sublicense, or otherwise provide to others, your Content in any and all media, formats and channels (now in existence or hereinafter developed) for any purpose, including advertising and commercial purposes.
We appreciate that you want to be recognized by our brand(s) with a “shout-out” or giving credit to you as the author/source of the content.
By sending us Content as yourself, you represent and warrant that the Content does not violate or infringe any rights of any third-party, including, but not limited to, copyright, trademark, rights of publicity and privacy.
If any third-party content is included in your posted Content, you must obtain permission from the content owner and attribute/credit such content to the owner.
Best Practices that will prevent us from restricting you
- Private Club Marketing is about positivity…bringing inspiration to every reader. Please be courteous and polite. Please do not post any content that is vulgar, abusive, threatening, mean spirited, defamatory or which discloses personal information.
- No posting content that you don’t have the right or permission to post/transmit
- You represent that all testimonials, endorsements and/or advertisements contained in your posted Content are truthful, accurate and represent your opinion and personal experience.
You agree to hold Private Club Marketing Inc (sometimes referred to herein as “us” or “our”) and our parent company, affiliates, agents and licensees (collectively, “Indemnitees”) harmless, and defend and indemnify the Indemnitees from any claim, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed which may arise out of or are in any way connected with your posted Content and/or your use of our official brand presence on Social Media Platforms.
These terms shall be governed by and construed in accordance with the laws of the State of California without giving effect to principles of conflict of laws. In no event will we be liable hereunder for extraordinary, consequential, indirect or punitive damages, including lost profits. Thank you.
PRIVACY POLICY
Private Club Marketing Inc (“PCM” “we” or “us”) is the owner and operator of the Site, Social, Email and the Services. PCM respects your privacy, and we created this privacy policy (the “Policy”) to explain how we collect, use and disclose your information when you access the Site, Social, Email and the Services. The Policy is only applicable to our Site, Social, Email and the Services and not to any other website, service or online platform. Capitalized terms that are not defined in this Policy have the meaning given them in our Terms of Service. BY ACCESSING SITE, SOCIAL, EMAIL, SERVICES AND/OR REGISTERING WITH US, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS POLICY, INCLUDING OUR TERMS OF SERVICE, WHICH ARE INCORPORATED HEREIN BY REFERENCE.
Types of Information Collected
Personal Information
Private Club Marketing Inc may ask you for some or all of the following types of information which may be identifiable to you when you register for our Email or Services, access various content or features, or directly contact the site: (i) contact information, such as your email address and name; (ii) your age; and (iii) information for the purpose of authenticating yourself or your account if we have reason to believe, in our sole discretion, that you may be violating site policies or for any other reason we deem necessary (collectively “Personal Information”). You are responsible for ensuring the accuracy of all Personal Information you submit to PCM.
We also collect and store the Personal Information you voluntarily submit to us through registering with us or uploading or posting User Content through the Site, Social, Email and the Services. If you are signed into your Instagram, Twitter or Facebook account and you “like” or “comment” on PRIVATE CLUB MARKETING Content, your username will be displayed and so available to the public. You agree that your username, likes, feedback, and any associated comments may become public information; we therefore urge you to exercise caution when deciding to disclose any Personal Information on the Site, Social, Email and the Services.
Non-Personal Information
Cookies and Other Technologies. We may utilize cookies and other technologies, such as, web beacons (also known as “clear gifs” and “pixel tags”) to recognize you, customize your experience, and serve advertisements. Cookies are very small files placed on your computer, and they allow us to count the number of visitors to PRIVATE CLUB MARKETING and distinguish repeat visitors from new visitors. They also allow us to save User preferences and track User trends. We may also enable advertisers and ad servers to promote third party products and/or services by placing advertisements on PRIVATE CLUB MARKETING. These advertisers and ad servers may use cookies and/or web beacons to monitor information related to served advertisements. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Policy covers the use of cookies by PCM and does not cover the use of cookies by any advertisers. If you do not want us to deploy cookies in your browser, you can opt out by setting your browser to reject cookies or to notify you when a website tries to put a cookie in your browser software. If you choose to disable cookies in your browser, you can still use the Site, the App and the Services, although your ability to use some of the features may be affected.
Our Use of Your Information
Our primary purpose in collecting information, both Personal Information and other, is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your information to: provide the Services and customer support you request; troubleshoot problems and prevent potentially prohibited or illegal activities; customize, measure and improve our Site, the App, our Services, content and advertising; tell you about and administer our Site, App or Services, targeted marketing, service updates, contests, sweepstakes, rewards, and promotional offers based on your communication preferences; monitor and enforce our Terms of Service; communicate with Users about products and/or services you may be interested in; verify your eligibility to use the Site or the App.
You may indicate your preference to opt out of receiving promotional communications by following the unsubscribe instructions provided in the promotional email you receive.
You acknowledge that it may take up to 30 days for us to process an opt-out request.
Third Parties
Except as otherwise expressly included in this Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others Users on our Site or on other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We are not responsible for any information we do not collect. We encourage you to ask questions before you disclose your Personal Information to others.
Contact Information
If you have any questions about this Agreement, please contact us via email at info@privateclubmarketing.com or regular mail at the following address:
Private Club Marketing Inc
Attn: Legal / Private Club Marketing Inc
18207 E McDurmott, Suite I
Irvine, CA 92614
