PLAYINTHEBAY.COM TERMS OF USE AGREEMENT
Playinthebay.com is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends. The services offered by Playinthebay.com ("Playinthebay.com" or "we") include the Playinthebay.com website (the "Golden Gate Sport and Social Club Website"), the Playinthebay.com Internet messaging service, and any other features, content, or applications offered from time to time by Playinthebay.com in connection with the Golden Gate Sport and Social Club Website (collectively, the "Golden Gate Sport and Social Club Services"). The Golden Gate Sport and Social Club Services are hosted in the U.S.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Golden Gate Sport and Social Club Services. By using the Golden Gate Sport and Social Club Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Golden Gate Sport and Social Club Website) or you are a "Member" (which means that you have registered with Playinthebay.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Golden Gate Sport and Social Club Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Golden Gate Sport and Social Club Website and discontinue use of the Golden Gate Sport and Social Club Services immediately. If you wish to become a Member, communicate with other Members and make use of the Golden Gate Sport and Social Club Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes Playinthebay.com's policy for acceptable use of the Golden Gate Sport and Social Club Services and Content posted on the Golden Gate Sport and Social Club Website, your rights, obligations and restrictions regarding your use of the Golden Gate Sport and Social Club Services and Playinthebay.com's Privacy Policy. In order to participate in certain Golden Gate Sport and Social Club Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Golden Gate Sport and Social Club Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
Playinthebay.com may modify this Agreement from time to time and such modification shall be effective upon posting by Playinthebay.com on the Golden Gate Sport and Social Club Website. You agree to be bound to any changes to this Agreement when you use the Golden Gate Sport and Social Club Services after any such modification is posted. 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 Playinthebay.com and that you provide to other Users. Your Playinthebay.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Playinthebay.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Playinthebay.com assumes no responsibility or liability for this material. If you become aware of misuse of the Golden Gate Sport and Social Club Services by any person, please contact the Golden Gate Sport and Social Club or click on the "Report Abuse" link at the bottom of any Playinthebay.com page.
Playinthebay.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Golden Gate Sport and Social Club Services at any time, for any or no reason, with or without prior notice, and without liability. Golden Gate Sport and Social Club expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Golden Gate Sport and Social Club Services if Golden Gate Sport and Social Club determines, in its sole discretion, that you pose a threat to Golden Gate Sport and Social Club and/or its Users.
Eligibility. Use of and Membership in the Golden Gate Sport and Social Club Services is void where prohibited. By using the Golden Gate Sport and Social Club 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 Golden Gate Sport and Social Club 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 21 years of age.
Term. This Agreement shall remain in full force and effect while you use the Golden Gate Sport and Social Club 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. Playinthebay.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
Fees. You acknowledge that Playinthebay.com reserves the right to charge for the Golden Gate Sport and Social Club Services and to change its fees from time to time in its discretion. If Playinthebay.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
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 Playinthebay.com 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.
Non-commercial Use by Members. The Golden Gate Sport and Social Club Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Playinthebay.com. Illegal and/or unauthorized use of the Golden Gate Sport and Social Club Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Golden Gate Sport and Social Club Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Golden Gate Sport and Social Club Services.
Proprietary Rights in Content on Playinthebay.com.
Playinthebay.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Golden Gate Sport and Social Club Services. After posting your Content to the Golden Gate Sport and Social Club Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Golden Gate Sport and Social Club Services, you hereby grant to Playinthebay.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Golden Gate Sport and Social Club Services.
Without this license, Playinthebay.com would be unable to provide the Golden Gate Sport and Social Club Services. For example, without the right to modify Member Content, Playinthebay.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Playinthebay.com could not allow Users to listen to music posted by Members. The license you grant to Playinthebay.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Playinthebay.com), fully-paid and royalty-free (meaning that Playinthebay.com is not required to pay you for the use on the Golden Gate Sport and Social Club Services of the Content that you post), sublicensable (so that Playinthebay.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Golden Gate Sport and Social Club Services), and worldwide (because the Internet and the Golden Gate Sport and Social Club Services are global in reach). This license will terminate at the time you remove your Content from the Golden Gate Sport and Social Club Services. The license does not grant Playinthebay.com the right to sell your Content, nor does the license grant Playinthebay.com the right to distribute your Content outside of the Golden Gate Sport and Social Club Services.
You represent and warrant that: (i) you own the Content posted by you on or through the Golden Gate Sport and Social Club Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Golden Gate Sport and Social Club Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Golden Gate Sport and Social Club Services.
The Golden Gate Sport and Social Club Services contain Content of Playinthebay.com ("Playinthebay.com Content"). Playinthebay.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Playinthebay.com owns and retains all rights in the Playinthebay.com Content and the Golden Gate Sport and Social Club Services. Playinthebay.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Playinthebay.com Content (excluding any software code) solely for your personal use in connection with viewing the Golden Gate Sport and Social Club Website and using the Golden Gate Sport and Social Club Services.
The Golden Gate Sport and Social Club Services contain Content of Users and other Playinthebay.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Golden Gate Sport and Social Club Services.
Content Posted.
Playinthebay.com may delete any Content that in the sole judgment of Playinthebay.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Playinthebay.com assumes no responsibility for monitoring the Golden Gate Sport and Social Club Services for inappropriate Content or conduct. If at any time Playinthebay.com chooses, in its sole discretion, to monitor the Golden Gate Sport and Social Club Services, Playinthebay.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.
You are solely responsible for the Content that you post on or through any of the Golden Gate Sport and Social Club Services, and any material or information that you transmit to other Members and for your interactions with other Users. Playinthebay.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Playinthebay.com prior to posting and does not necessarily reflect the opinions or policies of Playinthebay.com. Playinthebay.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Golden Gate Sport and Social Club Services. Playinthebay.com reserves the right to investigate and take appropriate legal action against anyone who, in Playinthebay.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Golden Gate Sport and Social Club Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Playinthebay.com: