Legal - Membership Terms
Last Revised: January 5, 2014
This Agreement describes the terms and conditions ("Terms") pursuant to which You may participate as a member of Club DTF®, personally addressed as a DTF® ("you / your / yourself"). Please read this Agreement carefully as purchase and/or practice of membership in Club DTF® constitutes Your binding acceptance of these Terms, including any modifications we may make. In consideration of the Deca Promotions, LC d/b/a Club DTF® ("we / us / our / ours") granting you membership status in Club DTF® as a DTF®, you hereby agree as follows:
LEGAL DEFINITION OF A DTF®, MEMBERSHIP REQUIREMENTS
As a DTF®, You must always observe and abide by the following Membership Requirements:
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You are (18) eighteen years of age or older.
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You posses good moral character and will treat fellow DTF®s with mutual respect and common decency.
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You respect the decisions of others regarding their comfort level with your flirting and/or personal contact.
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You agree that flirting is one of the most enjoyable activities life has to offer.
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You are passionate about practicing and promoting the art of flirting while having fun doing it.
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We expect you to submit and maintain accurate and current account information in connection with your membership. Such information includes name, address, email address, and mobile number. You can change your account information by updating Your Member profile data through your authenticated ClubDTF.com member account. We cannot assume any liability for correspondence, mail or e-mail that is lost, delayed, or misdirected.
MEMBERS USAGE OF THE DTF® TRADEMARK
DTF®, Down to ... Flirt™, ClubDTF.com are owned and/or licensed trademarks, service marks, membership marks, and/or logos of Deca Promotions, LC d/b/a Club DTF® ("IP"). All our owned and licensed trademarks, service marks, membership marks and logos appearing on ClubDTF.com and published material and/or content by Club DTF® are the property of ours and/or of their respective owners, and all rights in those trademarks, service marks, membership marks and logos are reserved. Your usage of any of our IP is bound by the following rules:
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You may address yourself in speech and text as being a DTF®, without including the actual term "member". The DTF® mark is used in place of the word "member". Example: "I am a new DTF®".
Proper usage of the DTF® mark is as a noun (as shown above) and not a description and/or adjective. Example of how NOT to use the mark: "I am a DTF® cowboy." Instead, you would use our mark as used in the following example: "I am a cowboy AND a DTF®."
In all written material, the mark is to be written "DTF®" with "DTF" always capitalized and the trademark symbol "®" used at least the first time such mark appears in the body of the material. Where practical, the trademark symbol "®" should be used in all appearances of our mark.
At least the first occurance of the DTF® mark should include a footnote or other reference to the definition of the mark, located at the bottom of each page of the written material:
"DTF® is a collective membership mark which identifies a member of Club DTF®, a social club for adults passionate about practicing and promoting the art of flirting while having fun doing it."
You may include the DTF® mark on your personal signature using the following format: Jack Doe, DTF®. You may NOT include our IP in any business and/or commercial material, including website domain names.
You may precede the DTL® mark with the type of membership status you currently hold. Current examples include: "Trial DTF®", "Lifetime DTF®".
All other descriptive words or phrases, besides the membership status, are never to be used to modify the DTF® mark. Examples of how NOT to use our mark with descriptive words or phrases include: "Your neighborhood DTF®", "A master DTF®", "The DTF® with the most class."
Our IP may NOT be used by you on any merchandise being commercially sold including, but not limited to, T-Shirts, Sweaters, Hats, Mugs, Calandars, Bags, etc. Any such merchandise must be purchased through us, on our ClubDTF.com website.
You may use our DTF® mark on any written non-commercial material that serves to identify you to fellow members, as well as the general public, as a DTF®. At no time should you use our IP in conjunction with commercial and/or business advertising.
Non-members are never authorized to use our IP in reference to or in connection with their businesses or themselves.
MEMBER PRIVACY POLICY
As a Member, the information we capture will subject to our Privacy Policy, located at http://www.ClubDTF.com/legal/privacy-policy, as amended from time to time in accordance with its terms.
DISCLAIMERS; LIMITATION OF LIABILITY
PARTICIPATION AS A DTF® AND USE OF ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
DECA PROMOTIONS, LC D/B/A CLUB DTF®, AND ALL OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY "MEMBERSHIP PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MEMBERSHIP PROVIDERS MAKE NO WARRANTY THAT (i) MEMBERSHIP IN CLUB DTF® WILL MEET YOUR REQUIREMENTS, OR (ii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR PARTICIPATION AS A DTF® WILL MEET YOUR EXPECTATIONS.
MEMBERSHIP PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEMBERSHIP PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE ANY MEMBER BENEFITS THEREOF; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DTF® ACCOUNT DATA; OR (iii) ANY OTHER MATTER RELATING TO MEMBERSHIP IN CLUB DTF®.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
GOVERNING LAW
This Agreement, its Terms, and the respective rights and obligations of the parties hereunder, shall be governed by and will be interpreted under the laws of the State of Nevada, United States of America, without reference to conflicts of laws and without regard to the location of execution or performance of this agreement.
BINDING ARBITRATION
Any controversy or claim arising out of or relating to these Terms (including any breach thereof) or membership in Club DTF® shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Deca Promotions, LC d/b/a Club DTF® from seeking any injunctive relief in State or Federal courts for protection of their respective intellectual property rights (including such rights of their respective licensors).
ACKNOWLEDGEMENT
This Agreement, its Terms, including all documents referenced herein, represents the entire understanding between us and you with respect to your membership in Club DTF® and supercedes any other agreements, statements or representations. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms. By purchasing and/or practicing membership in Club DTF®, you are deemed to have accepted the terms and conditions of this Agreement.
CHANGES TO THIS AGREEMENT
We reserve the right at our sole discretion to change, modify, add or remove portions of these Terms at any time without notice or liability, and such modification shall become effective upon posting on the Site, unless otherwise provided. You may view the current version of these Terms at any time online at http://www.ClubDTF.com/legal/membership-terms. Your continued participation as a DTF® following any such modification shall be conclusively deemed to be your acceptance of such modification.