November 15 , 2007
Welcome to GymChat.com . GymChat.com ("gymchat.com", "Gym Chat", or "we") is an online sports community service that includes message boards, directory listings & ratings, classifieds, community calendar, and an easy Website Builder for Members to upload content, stylize their webpages, and connect with players and sports clubs. The Services offered by GymChat.com include the Gymchat.com Website (the "Website"), Gym Chat Instant Messaging system, Gym Chat Calendar, Gym Chat WWW Board, Gym Chat Member Website Builder, and any other features, content, or applications offered by GymChat.com in association with the Website (collectively, the "Services").
Acceptance Of Agreement
By using the GymChat.com website, you agree to comply with and be bound by this Terms of Service Agreement ("Agreement"), whether you are a "Visitor" (i.e. you are just browsing the Website) or a "Member" (i.e. you have registered with GymChat.com). The term "User" refers to a Visitor or Member. You are only authorized to use the Services if you agree to comply to this Agreement and all applicable laws. If you do not consent, you should leave the Website and discontinue any uses of the Services immediately.
This Agreement may be amended at any time by GymChat.com from time to time without specific notice to you. The Agreement comprising such amendment will become effective upon posting on the Website by GymChat.com . You are responsible for updating yourself on the latest changes made to this Agreement and agree to be bound to any such changes to the Agreement when you use the Services after they are posted. Please make sure to review this Agreement regularly prior to using the Services.
This Agreement constitutes the sole Agreement between you and GymChat.com .
Eligibility: Membership and/or use of Services is void where prohibited. Must be 13 years or older to register and become a Player Webpages Member, or you may otherwise obtain permission from a legal guardian and have them send in Parental Consent as in accordance with the Children's Online Privacy Protection Act (2000), with their affirmation that they have read and agree to the Agreement. Club Website Membership is for clubs and adult registration only. You may not transfer your membership account to any other person or entity.
Membership: By using the Services you signify and guarantee that (a) all submitted registration information is and will be maintained to be true and accurate; (b) you are 13 years or older or have followed the correct protocol (i.e. Parental Content for Player Webpages Membership, or marked the correct section of "Under 13 Years of Age" for the Message Boards / Listings & Ratings / Classifieds Membership); and (c) your use of the Services is not violating any applicable law or regulation. GymChat.com reserves the right to cancel, remove, and delete any membership account, or block your use of the Services without warning or specific notice to you if it is determined by GymChat.com, at our sole discretion, that you are violating any rule or regulation. In such case where your Membership is cancelled due to breach of Agreement, you are not entitled to a refund of any unused portion of subscription fees.
Password & Account Security. You are fully responsible for protecting the confidentiality of your Membership Account password. You agree not to use another Member's account, username, or password at any time or disclose your password to any third party. You agree to notify GymChat.com immediately if you suspect any unauthorized use of your account or access to your password. If you do have these suspicions you should change your password immediately as well. You hold sole responsibility for any and all use of your account.
Term and Account Cancellation: This Agreement will remain in full force and effect while you use the Services and/or are a Member. You may cancel your Membership at any time and for any reason by following the instructions on your Member Account Control Panel page. GymChat.com may cancel your Membership at any time, for any reason, with or without explanation or warning; in such Membership cancellation by GymChat.com without cause, a refund (pro rata) will be provided for any unused portion of the subscription fees we have received from you. In the event that you cancel your Membership or your Membership is cancelled by GymChat.com because we have determined, at our sole discretion, that you have breached the Agreement, you are not entitled to nor are we liable to you for any refund of any unused portion of subscription fees we have received from you. Improper or offensive conduct towards GymChat.com company, employees, customer service as determined by GymChat.com at our sole discretion, is considered your breach of Agreement as well. Even after your Membership is cancelled, this Agreement holds in effect.
Fees: You acknowledge that GymChat.com reserves the right to charge for the Services and that the fees are subject to change, at our discretion.
Prizes, services won on Gym Chat are not cash refundable, are subject to this Agreement, and services won are valid until their respective effective dates, or as long as Gym Chat is in operation (which ever expires sooner). Won prizes or services are not eligible for any refunds.
Proprietary Rights: By publishing or displaying ("posting") Content (including but not limited to text, messages, images, videos, files, or any other materials), on or through the GymChat.com Services, you grant, and you represent and warrant that you have the right to grant, to GymChat.com a non-exclusive, royalty-free license to use, reuse, copy, modify, translate, reproduce, publicly display, distribute, transmit, store, publish and republish such Content, whether online or offline, in any media, for advertising or any other purpose whatsoever, and to incorporate into other works, without restriction, and to grant and authorize sublicenses. You represent and warrant to GymChat.com that you own the copyright to or have the license to use any Content you display and post on or through the Services, and that you are not violating any applicable laws. You may not copy, modify, translate, display, publish, transmit, distribute or sell any Content on or through the Services that has not been posted by you. You agree to be liable for and pay for all royalties, fees, and penalties for any Content posted by you on or through the Services.
Your Use of The Services:
(1) Your use of the Services will abide by any and all applicable laws and regulations.
(2) Please be careful in your choices of what information and content you post on GymChat.com and make available to other Users. You are solely responsible for the Content and information you post on the Services, or transmit to other Users. Any personal identifying information is prohibited from being posted on the Services, through use of text or pictures or video or any medium, including last names, telephone numbers, and street addresses, and email addresses or website url addresses (except in the account form fields or business fields where specifically allowed). No objectionable subject matter may be posted on the Services, i.e. any content / photographs and/or videos that contain nudity, excessive violence, or are obscene, vulgar, sexually explicit, harassing, or offensive material, or infringes or violates another party's rights (including but not limited to intellectual property rights or privacy rights). Please by wary that irrespective of GymChat.com's regulations, other Members may post inaccurate, inappropriate, or objectionable information, material, products, or services. GymChat.com assumes no responsibility or liability for this material. Please report any improper use of the Services by contacting Gym Chat or clicking on the "Report Inappropriate Content" link at the bottom of any GymChat.com Player Webpage.
GymChat.com reserves the right, but we have no obligation, to reject and remove any Content that does not comply with the regulations and to cancel your Membership and access to all or any part of the Services for inappropriate use of the Services or improper conduct, at our sole discretion, and you are not entitled to a refund of any unused subscription payments that we have received from you. GymChat.com assumes no responsibility for the Content, nor monitoring the Content for inappropriate material, although we reserve the right to monitor the Services and the Content, nor any obligation to modify or remove any inappropriate Content or any responsibility for User conduct.
(3) You agree and acknowledge that (a) GymChat.com is not responsible or liable for the deletion, corruption, or errors in storing any Content maintained or transmitted by the Services, (b) the Services, including but not limited to features or parameters, may change at any time without specific notice to you, and (c) we reserve the right to cancel, delete, or purge your account if it is inactive, as determined by GymChat.com at our sole discretion.
(4) By becoming a member, you automatically agree to accept and consent to receiving email communications initiated from or through GymChat.com, including but not limited to special promotions, events, and news. If you do not want to receive any of GymChat.com email communications, you should not register with GymChat.com for the Services.
(5) GymChat.com reserves the right to reject, disallow, or remove any posting / Content made by you, or restrict, suspend, or cancel your Membership and access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability, at our sole discretion.
(6) Partial list of actions illegal or prohibited by this Agreement:
(a) You may not impersonate anyone.
(b) No "stocking" or harassing anyone.
(c) No personal identifying information may be posted on the Services, through use of text or pictures or video or any medium, including last names, telephone numbers, and street addresses, and email addresses or website url addresses (except in the account form fields or business fields where specifically allowed).
(d) No objectionable subject matter may be posted on the Services, i.e. any content / photographs and/or videos that contain nudity, excessive violence, or are obscene, vulgar, sexually explicit, harassing, or offensive material, or infringes or violates another party's rights (including but not limited to intellectual property rights or privacy rights).
(e) Don't post other people's materials without their consent, including their pictures or text, etc.
(f) Don't temper with Gym Chat copyright labels on the Services.
(g) No copying or "framing" or "mirroring" any part of the Services.
(h) You may not solicit personal identifying information from Users for commercial or unlawful purposes.
(i) No spamming, no chain letters.
(j) No solicitation for money except on the Classifieds section where you may post ads for item sales.
(i) You may not promote information that is knowingly false or misleading, or encourages unlawful conduct.
(k) No posting of commercial links, ads, or other forms of solicitation, except where specifically allowed.
(7) Services are for personal use by Members only; no commercial uses allowed unless specifically approved or endorsed by GymChat.com .
Indemnity: You agree to defend and hold harmless GymChat.com, and our affiliates / employees / directors / agents / third parties, from any loss or liability, including attorneys' fees, arising out of your use of the Services, including but not limited to (a) content you posted on or through the Services, (b) your activities in connection with the Services, or (c) your breach of this Agreement. Indemnity shall be applicable regardless of negligence of any party.
Online Content: Any Content, ideas / statements / advice / text / media, displayed through the Services, but not directly by GymChat.com, are those of their respective authors and is not necessarily reliable content. Use the Services at your own risk, and with caution. WE DO NOT GUARANTEE, NOR IS IT OUR RESPONSIBILITY, THAT ANY OF THE INFORMATION OR CONTENT ON THE SERVICES IS ACCURATE, USEFUL, TRUE, RELIABLE, OR COMPLETE. WE ARE NOT RESPONSIBLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE RESULTING FROM USE OF THE SERVICES.
DISCLAIMER / WARRANTIES / LIABILITY:
YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT YOU POST ON OR THROUGH THE SERVICES, THOUGH WE DO RESERVE THE RIGHT WITHOUT ANY OBLIGATION TO MONITOR / EDIT / REMOVE THE CONTENT AT OUR SOLE DISCRTION.
YOUR USE OF THE SERVICES, WHETHER AS A MEMEBER OR A VISITOR, IS AT YOUR OWN RISK. THE SERVICES IS PROVIDED "AS IS". WE DO NOT GRANT ANY WARRANTY WHATSOEVER. WE DO NOT GUARANTEE OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE AND UNINTERRUPTED, OR THAT THE SERVICES WILL BE ERROR-FREE, ALWAYS AVAILABLE, OR THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ANY IMPERFECTIONS WITH THE SERVICES WILL BE CORRECTED.
Although each Member for GymChat.com Player Webpages Services must be at least 13 years old or have their parents send in their parental consent form, we cannot guarantee that each Member has followed the Agreement rules, nor do we accept responsibility or liability for any such uses or access of the Services.
In no event will we be liable to you for any damages, including any lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation or inability to use the Services, even if GymChat.com or our representatives have been advised of the possibility of such damages. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed cancelled from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
We do not conduct background checks or screen the Members registering to the Services in any way. We are not liable for any damages, direct / indirect / incidental / or consequential arising out of use or access of the Services, including but not limited to communications with other Members through the Services or meeting with Members of the Services, including but not limited to physical damages, bodily injury and/or emotional distress.
Litigation: Any disputes arising from this contract will be litigated or arbitrated in San Mateo County, California. This Agreement shall be governed and construed in accordance with the laws of the State of California, USA.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.