Signup Ahead


Signup Ahead Terms of Service

September 30, 2008

These Terms of Service are part of the Signup Ahead Terms of Service, found online at http://signupahead.com/terms.html.

1 Welcome

Welcome! We are glad you chose the Signup Ahead Service. Please read the following terms and conditions carefully.

2 Description of Service

Clubmatic, Inc. ("Clubmatic") offers an online application ("Service") for general use by the public ("Users"). The Service includes creating signup sheets and providing a means for Users to sign up for one or more slots on a sheet. These terms and conditions apply to all features and applications provided by the Service.

3 Acceptance of Terms

Use of the Service is subject to the following terms and conditions ("Terms"), found online at http://signupahead.com/terms.html with the accompanying policies incorporated here by reference:

Use of the Service constitutes acceptance of these Terms. By using the Service, you agree that you have read, understand and agree to be bound by these Terms. If you do not accept and abide by all of these Terms, you may not use the Service.

4 Changes to Terms

Clubmatic may modify or revise these Terms from time to time, for any reason, with or without notice. You agree to accept and be bound by any such modifications or revisions, even if you receive no notice. Please review these Terms from time to time so you will be apprised of any changes. Each revision of these Terms will be identified at the top of the page by its effective date.

5 Registration Requirements

Each User may create an account and register with Clubmatic before using the Service. The User must be of legal age to enter in a contract under the laws of the State of California in order to register to use the Service. You agree:

  1. to provide true, accurate, and complete information on all registration forms ("Registration Data");
  2. to maintain and promptly update Registration Data to keep it true, accurate, complete and current;

In accordance with the Children's Online Privacy Protection Act of 1998 (http://www.ftc.gov/ogc/coppa1.htm), children under the age of thirteen (13) may not use the Service.

6 Security

You are solely and fully responsible for all activity that occurs using your account or password. You are responsible for keeping your account and password confidential. You must exit from your account at the end of each session. You must inform Clubmatic immediately of any unauthorized use of your account or password, or of any other breach in security. Clubmatic employs industry standard protection and security for transmission and storage of data. Nevertheless, you agree that in no event shall Clubmatic be held liable for loss or damage arising from failures to comply with this Section 6, "Security" provisions of these Terms, or any breach of security.

7 Acceptable Use

You agree to not use the Service to:

  1. harm minors in any way;
  2. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  3. Post any Content that:
    1. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    2. you do not have a right to transmit;
    3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    4. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  4. impersonate another person or entity;
  5. interfere with or disrupt the Service or servers or networks connected to the Service;
  6. intentionally or unintentionally violate any applicable local, state, national or international law.

8 Content

You agree that all text, data, pictures, audio, video, messages, or any other materials ("Content"), whether publicly available or privately transmitted, are the sole responsibility of the originator of the content. You, not Clubmatic, are solely and fully responsible for all Content that you post, upload, email, transmit, or otherwise make available using the Service ("Post").

You understand that:

  1. Clubmatic does not control or endorse Posted Content, and as such, cannot guarantee the accuracy, integrity or quality of such Content;
  2. under no circumstances will Clubmatic be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Posted Content (including, without limitation, any viruses or other disabling features);
  3. by using the Service you may be exposed to material that is offensive, indecent or objectionable.

You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge that Clubmatic shall have the right (but not the obligation) in their sole discretion to refuse or remove any Posted Content. Without limiting the foregoing, Clubmatic shall have the right to remove any Content that violates these Terms or is otherwise objectionable.

You understand that the technical processing and transmission of the Service, including your Content, may involve:

  1. transmission over interstate data networks;
  2. changes to conform and adapt to technical requirements of connecting networks or devices.

Clubmatic reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to:

  1. satisfy any applicable law, regulation, legal process or governmental request;
  2. enforce these Terms, including investigation of potential violations hereof;
  3. detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam);
  4. respond to support requests;
  5. protect the rights, property or safety of Clubmatic, its users and the public.

9 License

You expressly grant Clubmatic a worldwide, non-exclusive, royalty-free license to store, transmit, reproduce, modify, adapt, publish, perform, and display the Content solely for the purpose of providing the Service. This license exists only for as long as the Content is available through the Service and terminates when the Content is removed. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide notice to Clubmatic with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. a 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;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

10 No Resale

You agree not to reproduce, duplicate, copy, sell, trade, resell, rent, lease, create derivative works, or exploit for any commercial purposes any portion of the Service, use of the Service, or access to the Service.

11 Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Clubmatic grants you a personal, non-transferable and non-exclusive right and license to use the Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Clubmatic for use in accessing the Service.

12 Termination of Access

Clubmatic may temporarily suspend or permanently terminate access to the Service with or without notice under certain circumstances including but not limited to:

  1. request by the User;
  2. refusal to accept and abide by these Terms, including all modifications or revisions;
  3. the User provides or Clubmatic has reasonable grounds to suspect the User has provided untrue, inaccurate, not current, or incomplete Registration Data;
  4. violations of the Section 6, "Security" provisions of these Terms;
  5. violations of the Section 7, "Acceptable Use" provisions of these Terms.

Termination of User access may include revocation or deletion of the User account, password, and any or all related data or information. Clubmatic may delete data immediately upon termination. In no event will Clubmatic be held liable for loss or damage arising from suspension or termination of access to the Service. Clubmatic proprietary rights, indemnities, limitations of liability, disclaimer of warranties and miscellaneous provisions shall survive any such termination.

13 Indemnification

You agree to hold harmless and indemnify Clubmatic, its officers, directors, agents, employees, partners, and affiliates from and against any claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages of any kind whatsoever (including, but not limited to, actual, consequential, and punitive damages), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

14 Representation

You represent and warrant that:

  1. all of the information provided by you to Clubmatic to participate in the Service is correct and current;
  2. you have all necessary right, power and authority to accept these Terms and to perform the acts required of you hereunder;
  3. you have all necessary right, power and authority to Post Content as per Section 8, "Content" provisions of these Terms.

15 Disclaimer of Warranties

The Clubmatic Service is provided "AS IS" and "AS AVAILABLE" with no warranties whatsoever. Clubmatic expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation any warranty of merchantability, fitness for a particular purpose, and non-infringement. Clubmatic makes no warranty that:

  1. the Service will meet your requirements;
  2. the Service will be uninterrupted, timely, secure, or error free;
  3. information or advice obtained through the Service will be accurate or reliable;
  4. services or goods received through or advertised on the Service will meet your expectations;
  5. defects in the Service, if any, will be corrected.

You understand and agree that:

  1. no advice or information given by Clubmatic or its employees shall create any warranty;
  2. any material or data you download through the use of the Clubmatic Service is at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

16 Limitation of Liability

Clubmatic expressly disclaims any and all responsibility or liability for:

  1. the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed by the Service;
  2. the deletion, failure to store, misdelivery, or untimely delivery of any information or material;
  3. any harm resulting from downloading or accessing any information or material through the Service.

Under no circumstances shall Clubmatic or its officers, directors, employees, agents, partners, or affiliates be liable to any User for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise (even if Clubmatic have been advised of the possibility of such damages) resulting from:

  1. use, misuse, or inability to use the Clubmatic Service;
  2. interruption, suspension, or termination of the Clubmatic Service;
  3. unauthorized access to or alteration of your transmissions or data;
  4. services, goods, information or advice received through or advertised on the Clubmatic Service or received through any links provided in the Clubmatic Service;
  5. procurement of substitute goods or services;
  6. lost profits or data.

Your sole and exclusive remedy for any dispute with Clubmatic in connection with the Service is the cancellation of your User account as provided under Section 12, "Termination of Access" of these Terms.

Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

17 Entire Agreement

These Terms and accompanying policies constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Clubmatic.

18 Choice of Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You and Clubmatic agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Mateo. You acknowledge that use of the Service may result in interstate data transmissions.

19 Waiver

The failure of Clubmatic to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

20 Severability

If any provision of these Terms is found by a court of competent jurisdiction to be unenforceable, the remainder of the Terms shall remain in full force and effect.

21 Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be permanently barred.

22 No Third Party Beneficiary

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries.

23 Notice

Clubmatic may provide you with notices, including those regarding changes to these Terms and the accompanying policies, by email, regular mail or postings on the Service.

N.B. The section titles and numbers used in these Terms are for convenience only and have no legal or contractual effect.