- Collection of Personal Information from Site Visitors. In addition to other collection methods specifically set forth herein, DoC may collect: (a) the email addresses of users that communicate with DoC via email; and (b) information knowingly provided by the user through the Site in online informational sections, including any contact, registration, or application forms. DoC may also use Internet cookies and other identifiers or methods of web analysis (such as Google Analytics) to gather, store, and track certain information related to your visit to and activity on the Site. If you are uncomfortable with the idea of your information being used in this way, most computer systems and web browsers offer privacy settings and options, such as disabling cookies or opting for “Do Not Track” features. DoC does not override these settings or options, and encourages you to use them to enhance your choices and personalize your experiences. However, in order to access certain content, features, services, products or benefits on the Site, you may be required to provide DoC with certain information, including some types of personally identifying information such as your email, educational institution, business affiliation, address, and phone number. If you do not wish to provide such information through the Site or if you opt to utilize the aforementioned privacy features of your computer system or web browser, you may not be able to obtain certain content, features, services, products or benefits of the Site.
- Use of Personal Information Collected. Personal information collected by DoC may be used by DoC for limited purposes, including recordkeeping, editorial and feedback purposes, content improvement, or to customize the content and layout of the Site. Personally identifying information, such as names, postal and email addresses, phone numbers, and other personal information voluntarily provided to DoC may be added to DoC’s databases and used for future contact regarding updates to the Site or new services provided by DoC. From time to time, DoC may need to contact you regarding information you submitted to DoC. You agree that DoC may use your personal information for such contact with you. DoC may also desire to contact you for market research purposes or to provide you with marketing information that DoC believes would be of particular interest. You will have the option of not being contacted by DoC and opting-out of such contacts by selecting the opt-out option in your profile.
- Disclosure of Personal Information to Third parties. Except as specifically set forth herein, any personally-identifying information that you provide to DoC through the Site will not be disclosed to third parties not affiliated with DoC. Notwithstanding the foregoing, any information you submit to DoC, including any personally-identifying information you include in your personal profile with the Site, may be viewed and accessed by others, and may be indexed and displayed through the Site’s internal search engines and other publicly accessible search engines, such as Google®. Your personally-identifying information may also be disclosed to third parties in order to verify that information, including by contacting your educational institution or business affiliation, and in order to provide you with the services requested through the Site, including to third party payment processors for the processing of payments. Identifying and non-identifying user information and data may also be disclosed or distributed to a third party with which DoC enters or reasonably may enter into a corporate transaction, such as, for example, a merger, consolidation, acquisition, or asset purchase, or to a third party pursuant to a subpoena, court order, or other form of legal process, in response to a request by or on behalf of any local, state, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process, or if determined by DoC in its sole judgment that such disclosure or distribution is appropriate to protect the life, health, or property of DoC or any other person or entity. In addition, identifying and non-identifying user information and data may be provided to third parties that contract with DoC to provide products, information, or other services that DoC believes that visitors to the Site may be interested in obtaining. While DoC may undertake efforts to see that any third party to which DoC discloses personally-identifying information is under an obligation to use the personal information solely for the purposes for which the information was disclosed, such third parties are independent third parties over which DoC exercises no control. DoC is not responsible for, and will not be liable for, the conduct, actions, omissions, or information handling or dissemination practices of third parties.
- Comments and User Content. All materials or comments posted to public areas of the Site are public. Please refer to the Terms and Conditions for further details concerning User Content and other materials submitted to the Site. As such, DoC assumes no liability for the accuracy of such information, no duty to update or correct such information, and no liability for such communications arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
- Security Measures and Communicating with DoC. Please be advised that the security and confidentiality of any communication or material transmitted through the Internet, including via the Site or email, cannot be and is not guaranteed. You acknowledge that the technical processing and transmission of the Site’s content may be transferred unencrypted and may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Accordingly, DoC is not responsible for the security of information transmitted via the Internet.
- Access to and Ability to Correct Personal Information; Opt-Out Right. Upon your request, DoC will provide you with a summary of any personally-identifying information retained by DoC that has been voluntarily provided by you to DoC through email, contact forms, or other online avenues. You may modify, correct, change, or update this information by contacting DoC at the email address set forth above. In addition, except as necessary to obtain the services or information requested through the Site, you may opt out of having your personally-identifying information prospectively retained by DoC by contacting DoC at the email address set forth above. This provision does not apply to collection of through the standard data tracking features of the Site, such as Internet cookies and other identifiers or methods of web analysis, or to any other information that does not meet the description hereunder. As set forth above, many computer systems and web browsers offer privacy settings and options that may allow you to opt-out of some of these data tracking and collection methods.
Dated: September 17, 2018
Copyright © 2020 Door of Clubs, Inc. · All rights reserved.
Welcome to Door of Clubs website, operated by Door of Clubs, Inc. (“DoC”) and located at https://www.doorofclubs.com (the “Site”). The Site is an online platform through which student clubs (“Clubs”) and their student members (“Students”) at particular educational institutions can connect with Companies (each, a “Business”).
DoC does not take part in, nor is DoC in any way responsible for, any interactions between Students, Clubs and Businesses (each a “DoC Participant”), except to the extent necessary to maintain the Site. Any interaction between DoC Participants through the Site or arising out of use of the Site is solely between DoC Participants. DoC also expressly disclaims liability for any claims or damages arising out of relationships, contractual or otherwise, between DoC Participants that may arise out of use of the Site. DoC’s role in operating and maintaining the Site is to act as a facilitator of opportunities only. For avoidance of doubt, DoC disclaims any responsibility for any employment opportunities, employment services, or any other services or products acquired or made available through the Site, even if DoC investigates or attempts to verify any information in connection therewith. Any and all risks associated with the use of the Site will be born by DoC Participants. DoC Participants acknowledge and agree that due diligence is required in the evaluation of such risks. Site Materials and User Content are not warranted to be accurate and DoC Participants shall not rely on same.
The following terms and conditions (“Terms”) govern use of the Site. By accessing, viewing, or using the content, material, or services available on or through the Site, DoC Participants acknowledge that they have read and understand these Terms and that they agree to them and intend to be legally bound by them. Use of the Site is limited to DoC Participants who have agreed to these terms and, if an individual, are 18 years of age or older.
- Only Student members of Clubs are permitted to access the Site, the Site Materials, and the User Content through a Club’s account. Without limiting the foregoing, Students and Clubs are fully responsible for Clubs accounts, including use of the account by any third party, and maintaining the confidentiality of passwords. Accounts may be suspended at any time by suspending the account within the Club’s profile or by emailing email@example.com
- By registering and using the Site, all DoC Participants are subscribing to notification emails that will inform Clubs when a Business reaches out to a Club’s profile.
- Proprietary Rights. Unless DoC explicitly states otherwise in an agreement between it and a DoC Participant or Participants, DoC owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Site (“Site Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. All Site Materials are protected pursuant to copyright, trademark, patent and other applicable laws. As between any DoC Participant and DoC, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to DoC or its affiliates, licensors (including Businesses), or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will any DoC Participant have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms.
- DoC does not own the rights to Business or Club logos.
- Certain features of the Site (including the registration processes described in Section 1 above) may allow DoC Participants to contribute comments, feedback, information, content, text, files, trademarks, logos, graphics, postings, and other materials and information, including Job Postings, for access, use, viewing and commentary by other users to the Site (“User Content”). By posting User Content, DoC Participants represent that they have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply an affiliate with a person or entity, including any business or educational institution, or that is generally false, deceptive, misleading, deceitful, misinformative, or constitutes a “bait and switch”; (e) be obscene, child pornographic, or indecent; (f) violate any community or Internet standard; (g) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third party.
- DoC participants retain all right, title and interest in and to the User Content submitted by them and all intellectual property rights embodied therein. Upon submission of User Content or other material or information to DoC, DoC Participants grant DoC a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, the User Content, all without any compensation to you whatsoever. Unauthorized Activities. DoC Participants agree that they will not use the Site for: (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export, copyright, and trademark laws); (b) contacting any other user of the Site who has requested not to be contacted; (c) stalking or harassing anyone; (d) data mining, scraping, or for releasing spiders, robots, web crawlers, or any other data gathering or extraction tools to collect any information from the Site, including any information related to the Sponsorships, except to the extent the Site is indexed by general purpose public search engines; (e) promoting any effort to compete with DoC, including using the Site to provide, alone or in combination with any other product or service, any service to any third party or any use that causes a reduction or loss of business for DoC as related to an existing or potential customer; (f) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Site Materials, unless otherwise authorized by these Terms or in a separate written agreement with DoC; (g) attempting to gain unauthorized access to DoC’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site; (h) any resale or commercial use of the Site, the Site Materials, or the User Content; (i) using the Site to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including any commercial purposes; (j) violating or offending any community or Internet standards of decency; or (k) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security features of the Site aimed at preventing or restricting the unauthorized use of the Site or any of the Site Materials. DoC Participants may only use the Site and the Site Materials consistently with these Terms. Any other use of the Site or Site Materials, including but not limited to the aforementioned unauthorized uses, without prior written permission of DoC is strictly prohibited. DoC Participants acknowledge and agree that the unauthorized use of the Site or the Site Materials could cause irreparable harm to DoC and that in the event of such unauthorized use, DoC shall be entitled to an injunction in addition to any other remedies available at law or in equity.
- Third Party Web Sites and Content. DoC is a private company, and is not affiliated with any Business or educational institution, including any university or college. The Site may contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. The Site may also incorporate features and services provided by third parties, such as payment processing. Use of such third party links, features, and services, the Site and the Site Materials, and any other material or content on and made available through the Site is entirely at DoC Participant’s own risk. DoC does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. DoC Participants use of any third party’s website is at their own risk, and subject to the terms and conditions of such other websites, including the terms and conditions of DoC’s third party payment processors. DoC does not endorse any product, service, or treatment provided on a third party website or advertised or provided on the Site.
- Availability of the Site. DoC uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. DoC will use reasonable efforts to minimize such disruption where it is within its reasonable control. DoC Participants agree that DoC shall not be liable any modification, suspension, or discontinuance of the Site.
- Disclaimer. Without limiting anything else in these Terms or otherwise, DoC is not responsible for any errors or omissions in the Site or Site Materials. DoC, its subsidiaries, and affiliates, are not responsible for and do not guarantee the accuracy or completeness of any Site Materials, User Content, products, data, services (whether performed by DoC, any DoC Participant, or any third party), links, advertisements, or other items contained within the Site. DoC reserves the right to immediately remove any Site Materials or User Content for any reason or for no reason. DoC cannot and does not review all communications or products made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any User Content, Site Materials, the Site or the products or services made available in connection with the Site, including information submitted in connection with the Site Materials or other features at any time, with or without notice in its sole discretion. DoC is not required, but is permitted to review all messages made between Participants.
- The site, the site materials, user content, services, products, information, and other materials on, in and made available through the site are made available “as is” and “with all faults.” Use of the site is entirely at DoC participant’s own risk. DoC and its licensors make no representations or warranties, and disclaim all representations and warranties, with respect to the site, the user content, the site materials, services, products, data and other materials on, in and made available through the site, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, accuracy, systems integration, non-interference, quality, title, and non-infringement. The entire risk as to satisfactory quality, performance, accuracy, completeness and effort with regard to any user content, the site, the site materials, services, products, data and other materials on, in and made available through the site, is with DoC participants.
- Limitation of liability. DoC and its licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the site, the user content, the site materials, services, products, data and other materials on, in and made available through the site, regardless of legal theory, whether or not you or DoC had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of DoC and its licensors to any DoC participant or any other person or entity in connection with, based upon, or arising from the site, user content, the site materials on, in and made available through the site, or the services, products, data or other materials offered in connection therewith exceed the price paid by such doc participant during the preceding year for use of the site and the services and products. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of doc and its licensors shall not exceed ten dollars ($10). If any DoC Participant is dissatisfied with the Site or with any of these Terms, or feels DoC has breached these Terms, its sole and exclusive remedy is to discontinue using the Site.
- Indemnification. DoC Participants shall indemnify DoC and its directors, officers, employees, agents, contractors and licensors (“DoC Indemnitees”) against all claims, actions, suits, and other proceedings (each, a “Claim”) arising out of or incurred in connection with the Site and DoC Participants use of the Site, the Site Materials or any services, product or data obtained through the Site, fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Site, except to the extent attributable to DoC, or any breach by DoC Participants of these Terms and shall indemnify and hold DoC Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. DoC Participants may not settle any Claim without the prior written consent of DoC. DoC or its licensors may assume the defense of any Claim, at such DoC Participant’s sole cost and expense, and such DoC Participants shall cooperate in all reasonable respects in such defense. DoC Participants shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If DoC or its licensors do not notify a DoC Participant that it elects to undertake the defense thereof, such DoC Participant shall have the right to defend the Claim with counsel reasonably acceptable to DoC, subject to the right of DoC to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
- Funding of Club. DoC has the right to withdraw payment to Club if there are false claims of identity. False claims of identity include, but are not limited to: using a disposable email address, using a name different from oneself, providing false information about oneself.
- Complaint Procedures. If any DoC Participant believes that any content or postings on this Site violates intellectual property or other rights, it may notify DoC by email at firstname.lastname@example.org a comprehensive detailed message setting forth the following information: (a) DoC Participant’s name and the name of his or her Club, if any; (b) DoC Participants contact information, including email address; (c) the nature and substance of the complaint, the specific rights at issue, and the basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
- Rules of Engagement. *a) All Fall 2018 funding will be paid by January 1st, 2019.* b) All clubs are paid via PayPal or by picking up the check at the DoC headquarters, located at 745 Atlantic Avenue, Boston, MA 02111. c) Clubs will receive the entire funding amount minus the transaction fee from PayPal. d) All club members must be from your club’s same college or university. e) DoC has the right to withhold payment to any club if there are false claims of identity. f) Duplicate clubs will count toward one club goal. g) Members can only count towards one club funding goal.
- Funding Fees. DoC is not responsible for transaction fees. Any fees incurred during a transaction are between the third party site and the Club.
- Withholding of Funding. DoC has the right to withhold payment to Club if there are any false claims of identity. False claims of identity include, but are not limited to: using a disposable email address, using a name different from oneself, providing false information about oneself.
- Funding Ban. DoC has the right to ban Club from funding if Club attempts to provide false claims of identity. The ban duration is 365 days.
- Changes to these Terms; Termination. DoC reserves the right at any time to modify, alter, or update these Terms. DoC Participants use of the Site following any changes means that they agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of DoC Participants visiting the Site before the change to before the change to learn of changes to the Terms since their last visit. DoC may suspend or terminate any account and/or any DoC Participant’s ability to use the Site, or any services on the Site, for failure to comply with these Terms, for inactivity on the Site, for providing DoC with untrue or inaccurate information, for infringement upon DoC proprietary rights, or for any other reason whatsoever or for no reason.
- Relationship Between the Parties. Nothing in these Terms shall be construed as making any DoC Participant the partner, joint venturer, agent, legal representative, employer, contractor, or employee of any other DoC Participant.
- Governing Law and Jurisdiction. These Terms represent the entire agreement between DoC Participants and DoC with respect to the subject matter hereof, and supersede all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, works, content, or materials on the Site, DoC Participants consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in Massachusetts; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
- Miscellaneous. The Site is controlled and operated from within the United States. Without limiting anything else, DoC makes no representation that the Site, Site Materials, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of DoC to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation”.
Dated: September 17, 2018
Copyright © 2020 Door of Clubs, Inc. · All rights reserved.
DOOR OF CLUBS TERMS OF AGREEMENT / FEE POLICY
This Terms and Conditions of Use Agreement (“Agreement”) is made between you (“you” or “your”) and Door of Clubs, Inc., its affiliates, and each of their respective successors and assigns (collectively, the “Company”).
- Access or Use of the Service
This Agreement governs your use of (i) the Company’s online platform, products, tools, or services or other platforms, products, tools or services developed, operated, or maintained by the Company and accessible via https://www.doorofclubs.com or any other designated website or IP address, (ii) the content contained thereon, including any data, tool, text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations and software, and (iii) any offline components provided by the Company for use in connection therewith (items (i), (ii), and (iii) are collectively referred to as the “Service”).
By accessing or using the Service, or downloading, installing, activating or using any materials or data available or accessible through this website, you are agreeing that you have read, and agree to comply with and be bound by, the terms of this Agreement in their entirety without limitation or qualification and all applicable laws and regulations. If you do not agree to be bound by the terms and conditions of this Agreement and to follow all applicable laws, do not register for, access, or use the Service or the website.
- Grant of Limited License
You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Service pursuant to the requirements and restrictions of this Agreement.
Your use of the Service is limited to the scope of the license granted in this Agreement and this Agreement does not permit you to use the Service other than as provided herein. You acknowledge that the Service constitutes and incorporates valuable trade secrets and/or the confidential information of the Company or its licensors. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Service. Except as provided in this Agreement, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, decompile, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way attempt to exploit, disrupt or interfere with the Service, or any of its contents (including software) in whole or in part. You shall not access the Service if you sell or provide any service, software, or product that may compete with the Company’s Service, software, or products or intend to build or develop any similar service, software, or product. You understand and acknowledge that unauthorized use of the Service in violation of this Paragraph may cause the Company and its licensors irreparable injury which cannot be remedied at law, and you agree that the Company and its licensors shall be entitled to seek equitable relief including by way of injunction, in addition to any other remedies available at law or in equity.
The Company may change, suspend, or discontinue any aspect of the Service at any time. The Company may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Service.
- Your Obligations
You are responsible for all activity occurring when the Service is accessed through your password and you shall abide by all applicable laws and regulations in connection with your use of the Service, including those related to data privacy, information security, international communications, and the transmission of technical or personal data. You will immediately notify the Company of any unauthorized use of your password or account or any other breach of security.
- User-Provided Content
The Company assumes no responsibility or liability arising from the activities of users while using the Service or for content posted, published, distributed or otherwise communicated by users through the Service, including for any defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, hate speech, bullying, danger, illegality, or inaccuracy contained in any information transmitted to any such locations on our website. The Company may from time to time monitor, review, and in its discretion edit or delete, content posted by users through the Service, but assumes no obligation for such monitoring or review. The Company will cooperate with law enforcement or a court order requesting or directing the Company to disclose the identity of anyone posting information through the Service. The Company may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or safety of the Company, its employees, officers, affiliates, users or the public.
- Intellectual Property Ownership
You acknowledge that all content and materials available through the Service are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by the Company or its licensors. Except where otherwise noted, you may download, print or view individual pages for noncommercial use, provided you do not delete or change any of the information, including copyright or trademark notices. You may only use the Service or its contents as expressly permitted in this Agreement and for no other purpose. The Company, its licensors or affiliates retain exclusive ownership of all data, material and other information regarding your use of the Service. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from, or in any way exploit, the content or materials comprising the Service. Systematic retrieval of data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. Unless otherwise indicated, all logos, names, package designs and marks included in the Service are trademarks or service marks or used under license by the Company. The use or misuse of any of these materials is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use, or copying of any component of the Service in violation of this Paragraph may cause the Company and its licensors irreparable injury which cannot be remedied at law, and you agree that the Company and its licensors shall be entitled to seek equitable relief including by way of injunction, in addition to any other remedies available at law or in equity.
The DOOR OF CLUBS names and logos and any related names, design marks, product names, feature names, and related logos are trademarks of the Company and may not be used, copied, or imitated, in whole or in part, without the express prior written permission of an authorized representative of the Company. In addition, the look and feel of the Service (including all page headers, footers, custom graphics, button icons, code, scripts, etc.) constitutes the service mark, brand, trademark and/or trade dress, of the Company and may not be copied, imitated, or used, in whole or in part, without the express prior written permission of an authorized representative of the Company.
- Term; Termination; Suspension of Service
You are bound by this Agreement upon first accessing the Service and through any subsequent use of the Service thereafter. Any unauthorized use will be deemed a material breach of this Agreement. The Company, in its sole discretion, may terminate or suspend your account if you breach or otherwise fail to comply with this Agreement.
- Representations & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service. You represent and warrant that all materials of any kind submitted by you through the Service will not violate or infringe upon the rights of any third party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.
If you use the Door of Clubs for Employers component of the Service, your primary relationship with Door of Clubs is based on recruiting top talent amongst college students. You represent and warrant that your organization’s efforts are led by knowledgeable employment professionals and will ensure that your organization complies with all regulations and laws related to such activity including, but not limited to, state and federal employment laws and regulations of the Equal Employment Opportunity Commission (“EEOC”). You also acknowledge that, should your organization interface with a school, college, or university’s Career Services Office or similar facility, you are aware of the National Association of Colleges and Employers (“NACE”) guidelines. Ensuring adherence to these guidelines is the responsibility of the employer and the Career Services Office or other placement facility and not of Door of Clubs. Any relationship your organization may have with a school, college, or university’s Career Services Office is a separate relationship and regulated by terms and conditions established between your organization and the respective Career Services Office and is not in any way affiliated or partnered with Door of Clubs.
You shall defend, indemnify, and hold the Company harmless from and against any and all losses, damages, liabilities, costs, judgments, charges, and expenses, including reasonable attorneys fees, arising out of or relating to any act or omission by you with respect to your use of the Service or your breach or violation of this Agreement.
- Disclaimer of Warranties
Except as otherwise expressly provided in this Agreement, (a) the Service is provided “as-is” and, to the maximum extent permitted by applicable law, the Company, including its affiliates, subsidiaries, licensors, subcontractors, distributors, third parties, service partners, agents, marketing partners, and each of their respective employees, consultants, directors, and officers (collectively, the “Company party(ies)”) disclaim all representations, warranties, and conditions of any kind, express or implied, regarding the Service, or otherwise relating to this Agreement, including warranties and conditions of fitness for a particular purpose, merchantability, merchantable quality, non-infringement, and accuracy and non-interference; (b) neither the Company nor any Company party warrants that (i) the Service is or will be secure, accurate, complete, uninterrupted, without error, without loss of data, or free of viruses, worms, or other harmful components, or other program limitations, (ii) the Service will meet your requirements, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, and/ or (iv) any errors in the Service will be corrected; (c) you assume the entire cost of all necessary servicing, repair, or correction of problems caused by viruses or other harmful components, unless such errors or viruses are legally proven to be the direct result of the Company s gross negligence or willful misconduct; (d) the Company and the Company parties, jointly and severally, disclaim and make no warranties or representations as to the accuracy, quality, reliability, suitability, completeness, truthfulness, usefulness, or effectiveness of the components of the Service or otherwise relating to this Agreement, and (e) use of the Service is entirely at your own risk and neither the Company nor any of the Company parties shall have any liability or responsibility therefore.
DoC reserves the right to immediately remove any Site Materials or User Content for any reason or for no reason. DoC cannot and does not review all communications or products made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any User Content, Site Materials, the Site or the products or services made available in connection with the Site, including information submitted in connection with the Site Materials or other features at any time, with or without notice in its sole discretion. DoC is not required, but is permitted to review all messages made between Participants.
- Limitation of Liability
To the fullest extent permitted by applicable law and notwithstanding anything to the contrary in this Agreement, in no event whatsoever shall the Company be liable for any indirect, consequential, special, incidental, exemplary, punitive, or consequential damages, including but not limited to loss of profits, lost time, loss of data or goodwill, even if the Company has been advised of the possibility of such damages, whether in contract, tort (including negligence), strict liability, or otherwise arising from a user’s access to or use of the Service.
The Company may give any required notices to you by means of a general notice via the Service, electronic mail to your e-mail address of record, or by written communication sent by first class mail or pre-paid post to your address if on record with the Company. Such notice shall be deemed to have been given upon the expiration of two (2) business days after mailing or posting (if sent by first class mail or pre-paid post) or one (1) business day after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time by electronic mail or letter delivered by reputable overnight or local delivery service with a credible tracking system, or certified first class postage prepaid mail to:
Door of Clubs, Inc.
745 Atlantic Ave Boston, MA 02111
The Company reserves the right to amend or modify the terms of this Agreement at any time, effective upon posting of an updated version of this Agreement to https://www.doorofclubs.com. You are responsible for regularly reviewing this Agreement. Your continued use of the Service after any such amendment has been made constitutes your understanding of, and consent to, such amendment and any newly established terms and conditions of use.
- Assignment; Change in Control
This Agreement may not be assigned by you without the prior written approval of an authorized representative of the Company. This Agreement may be assigned without your consent by the Company to (i) a parent or subsidiary of the Company, (ii) an acquirer of substantially all of the assets of the Company, or (iii) a successor to the Company by merger or otherwise. Any purported assignment in violation of this section shall be void.
- Customer Communications; Disclosure
From time to time, the Company may ask whether or not you wish to receive marketing and other non-critical Service-related communications. You may elect not to receive such communications at that time or opt-out of receiving such communications at any subsequent time by sending an email to email@example.com with a Subject of OPT OUT. Because the Service is a hosted, online application, the Company may need to notify all users of the Service (whether or not they have opted out as described above) of important announcements regarding the operation of the Service. The Company reserves the right to disclose that you are a user of the Service..
You agree that your use of the Service, this Agreement and any disputes relating thereto shall be governed in all respects by the laws of the Commonwealth of Massachusetts. Any dispute relating to this Agreement shall be resolved solely in the state or federal courts located in Boston, Massachusetts.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provisions, with all other provisions remaining in full force and effect.
The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to, in writing, by an authorized representative of the Company.
If you have not entered into another agreement with the Company regarding the subject matter contained herein, then this Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or verbal, between the parties regarding such subject matter. However, if you and the Company have entered into another agreement regarding the subject matter set forth herein that is a written and signed agreement between you and an authorized representative of the Company, then this Agreement should be read and interpreted in conjunction with such agreement and, in the event of a conflict between this Agreement and a written, signed agreement between the parties, the written, signed agreement shall govern and control.
If you have questions regarding this Agreement or the Service, please send an e-mail to firstname.lastname@example.org.
1. Ordering and the provision of service
1.1 Services. Customer may access and use the Door of Clubs services offered via Door of Clubs website, including any associated software, APIs and plugins (“Software“), content, data, and other information owned or licensed by Door of Clubs.
1.2 Affiliates. Customer may allow its Affiliates to access and use the Services, provided that Customer will be fully liable for its Affiliates use of the Services and compliance with the Agreement. “Affiliate” means an entity that controls, is controlled by, or is under common control with, a party. Customer may allow its Affiliates to purchase Services under the terms of this agreement.
1.3 Payment. Customer will pay the fees for the Services stated in the ordering document within 60 calendar days after receipt of Door of Clubs invoice, unless otherwise stated in the ordering document, subject to approved line of credit. For Services that require payment by credit card, Door of Clubs will charge Customer’s credit card upon receipt of the credit card information. Customer’s purchases are non-cancelable and payment for Services is non-refundable, except as otherwise stated in this agreement. Customer will maintain complete and accurate billing and contact information with Door of Clubs.
1.4 Taxes. Customer will pay or reimburse Door of Clubs for all federal, state, and local taxes, including sales, use, gross receipts, VAT, GST, or similar transaction taxes, imposed on Services purchased under the Agreement (“Taxes“), provided that such Taxes are statutorily imposed either jointly or severally on Customer, unless Customer provides Door of Clubs with a valid tax exemption certificate.
1.5 Cancellation. Unless otherwise noticed, Subscription Term will automatically renew each month, unless Client informs Company that Client does want to renew. This must be at least 60 days before the end of the Current Term.
Exhibit 1. Terms of service
Door of Clubs offers a web-based service under a variety of subscription models. Each service is subject to rights and restrictions stated in this Exhibit 1. that are in addition to the terms stated above. Terms of Service apply to Customer to the extent the specific Service is included in an ordering document.
This Terms of Service may be updated from time to time. We will notify you of any material changes by posting the new Terms of Service on the Site. You are advised to consult this policy regularly for any changes.
Last revised: January 22, 2019
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