TERMS AND CONDITIONS OF USE

Welcome to our private networking club open to 5,000 individuals only.

This agreement describes the terms and conditions for the use of our social networking club. Membership in “Club 5 Thousand ©” confirms that you have read and accept our terms of use, and that you agree to abide by them.

We reserve the right to modify and improve these terms of use at any time, and for any reason, without prior notice. Use of the website as a member indicates your acceptance of any changes. We ask you to regularly review these terms of use.

We reserve the right not to renew, at our discretion, a membership for violations of our guidelines, rules and terms of use.


MEMBERSHIP CONDITIONS

- Our website and membership are available only to 5,000 individuals who have paid their dues. Members are expected to act in a respectful way and not bring discredit or harm the reputation of “Club 5 Thousand ©”.

- By having a membership in “Club 5 Thousand ©”, you acknowledge that you meet our requirements for membership. You may not sell, trade, or transfer your membership to another person. If a member violates these conditions, his membership will be terminated immediately without refund.

- Your participation in “Club 5 Thousand ©” is based on information you provide regarding yourself as being truthful and accurate. Any Misleading or false information is sufficient reason for us to terminate your membership.

- We request that you not use an alias or pseudonym.

- Any change or adjustment to membership criteria will be communicated to “Club 5 Thousand ©” members at any time it is felt necessary by management in order to improve its services.


CONDITIONS OF USE AND SERVICE

- We provide a platform for networking and sharing information. If members enter into agreements with other members through “Club 5 Thousand ©”, we are not a contracting party to these agreements and cannot be held liable or accountable regarding these agreements.

- Your use of “Club 5 Thousand ©” is in accordance with these terms of use, and “Club 5 Thousand ©” may suspend and refuse future membership if you fail to comply with them.

- We reserve the right to remove, at our sole discretion, any content posted by our members that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; or because it may infringe or violate any party's intellectual property or privacy.

- While we do our best to monitor the content of the website, you understand and agree that you may encounter material with which you disagree or find objectionable, and that you use the website with this understanding and acceptance, and do not hold “Club 5 Thousand ©” liable.

- By posting or submitting content or information on the website, you automatically grant “Club 5 Thousand ©” a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right to display such content on our website.

- We do not endorse, support, or ensure the accuracy, truthfulness, or reliability of any content posted in the website’s “Meeting Room”, “Groups” or elsewhere, nor does “Club 5 Thousand ©” endorse opinions expressed in the “Meeting Room”, “Groups” or elsewhere.


RESPONSIBILITIES of MEMBERS

Membership does have its privileges. We just need to remember that to maintain these privileges, we, as members, have responsibilities as well. As such, we have rules and your use of “Club 5 Thousand ©” website confirms that you understand and accept our rules.

- The language of “Club 5 Thousand ©” is English.

- You may not use the Site in any manner unlawful in any country or jurisdiction or in any other manner that could damage, disable, overburden or impair the Site;

-  You may not use “Club 5 Thousand ©” name or logo for any purpose without our express consent.

- You may not upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

- You may not copy our web pages or any content within the site, nor trade or sell any personal data or communications about other members.

- You may not intimidate or harass another member;

- You may not publish in any form any content from the website or the names of any members without our permission, nor can you share, transmit or sell any content on the website with anyone who is not a member of “Club 5 Thousand ©”  for any reason whatsoever.

- You may not upload, post, transmit, share or otherwise make available any material that 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;

- You are solely responsible for all content that you upload, publish or display on the Site, or transmit to or share with other users. You may not post, transmit, or share User Content on the Site  that you did not create or that you do not have permission to post or that would infringe on copyrights, patents, trademarks, trade secrets or other proprietary rights of third parties whether personal, corporate or governmental.

- You alone are responsible for the confidentiality and security of your account’s username, password and usage. You are also accountable for all activities regarding your account, with or without your knowledge or permission. If you knowingly provide your log-in information to another person, your membership may be suspended temporarily or terminated. “Club 5 Thousand ©” assumes no liability for activities of your account accessed through your password and username.


PROTECTION of INFORMATION

- Based upon trust and privacy, “Club 5 Thousand ©”   will treat all personal information with the utmost confidence and care.

- Access to your private account information is limited to webmasters and management of “Club 5 Thousand ©”. We will not disclose any personal data to any third party without being entitled to do so and with your express permission.

-  We may be required to disclose user information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information until we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Additionally, we may share account or other information when we believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the “Club 5 Thousand ©” service or using the “Club 5 Thousand ©” name, or to prevent imminent bodily harm. This may include sharing information with other companies, lawyers, agents or government agencies.

- While we make every effort to keep “Club 5 Thousand” a trusted and safe place, we cannot be held liable should content you have posted on the website that is viewable by members be copied or distributed elsewhere.


TERMINATION OF YOUR MEMBERSHIP

- You may terminate your membership at any time without cause, explanation or penalty. If you undertake termination of your membership for any reason you will not be reimbursed your membership fees. Membership fees are non-refundable.

- Taking into account the business interests of “Club 5 Thousand ©” and that of the community as a whole, “Club 5 Thousand ©”   may, at our discretion and with cause, immediately terminate your membership and all access to the website.

- Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and other provisions of these terms and conditions continue after termination of your membership. We will not be liable to you or any third-party for the termination of your membership.


DISCLAIMERS AND LIMITATIONS

Disclaimer of Warranties:
- “Club 5 Thousand ©” is a wholly-owned trademark of Club Five Thousand s.a.

- Club Five Thousand s.a. and its suppliers, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability, or availability of information or materials displayed on our  websites.

- You agree that your use of the “Club 5 Thousand ©” is entirely at your own risk.

- Club Five Thousand s.a. disclaims any and all responsibility and liability for the conduct of any member.

- You agree to hold harmless and indemnify  Club Five Thousand s.a. from and against any third-party claim arising from or in any way related to your use of our services and website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.


Limitation of Liability:
- Under no circumstances will Club Five Thousand s.a. be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your use of “Club 5 Thousand ©”, whether or not Club Five Thousand s.a. has been advised of the possibility of such damages. Such limitation of liability shall apply (i) whether the damages arise from use or misuse of and reliance on the “Club 5 Thousand ©” service, from inability to use “Club 5 Thousand ©”, or from the interruption, suspension, or termination of the “Club 5 Thousand ©” website (including such damages incurred by third parties), and (ii) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

- Miscellaneous Provisions: These terms and conditions will be governed by and construed in accordance with the laws of Costa-Rica, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in Costa-Rica. If for any reason a court of competent jurisdiction finds any provision or portion of these terms and conditions to be unenforceable, the remainder of the terms and conditions will continue in full force and effect. You shall not assign these terms and conditions or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Without limiting the foregoing, under no circumstances shall Club Five Thousand s.a. be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. These terms of use constitute the entire agreement between you and Club Five Thousand s.a. with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the terms and conditions by a party will be effective only if in writing and signed by a party.

- Copyright and Trademarks: Club Five Thousand s.a. owns and retain all rights in the “Club 5 Thousand ©” website and service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Registered Trademarks belong to their respective owners.

 

© 2007 The Club 5000 s.a. - All rights reserved. Use of this website is subject to its Terms & Conditions of Use. View our Privacy Policy.