Welcome to Clubcollective.com bought to You by Sarita Entertainment Inc. By visiting or using this website and/or any content or materials available through it (the "Site") You agree to be bound by these Terms of Use. In these Terms of Use "You" and "Your" refer to You, the person visiting ClubCollective.com or registered as a user of Clubcollective.com in accordance with section 2 below, and "we", "us" and "our" refers to Clubcollective.com or Sarita Entertainment Inc. as the case may be.

We reserve the right to change the Terms of Use from time to time at our sole discretion and Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. We recommend that You read through the Terms of Use available on the Site from time to time so that You can be sure that You are aware of the latest version. If You breach any of the Terms of Use, Your authorisation to use this Site automatically and immediately terminates and You must immediately cease use of the Site and destroy any materials downloaded or printed from the Site.

1. Ownership

1.1 This Site is owned and operated by Sarita Entertainment Inc. If You would like to make a complaint about anything contained on the Site, please contact us using the following details:

Sarita Entertainment Inc. Po Box 2250 New Preston, CT. 06777 USA

2. Registration

2.1 You may browse some of the sections of the Site without registering as a member, but You will only be able to access and use all of the sections of the Site by registering as a member via the "Join Here" link. You must be at least 18 years old to register and Your profile may be deleted and You membership terminated without warning if we have any reason to believe that You are under 18 years of age. By using the Clubcollective.com services You represent and warrant that (a) all registration information You submit it truthful and accurate (b) You will maintain the accuracy of such information.

2.2 As part of the registration process You will need to submit a user name and password which, if verified by us, will be the username and password that You will be required to submit each time You log onto Clubcollective.com. It is Your responsibility to keep Your username and password secret. We will be entitled to assume that any person logging into Clubcollective.com using Your username and password is either You or someone doing so with Your permission. You will be responsible and liable for any actions of any person logging into Clubcollective.com using Your username and password (including, without limitation, posting information to blogs, chat rooms or discussion forums). Therefore, You should notify Clubcollective.com immediately if You suspect that anyone else knows Your username and password or that anyone has accessed Your account.

2.3 We will only keep and use any data collected during the registration process for the purposes set out in our privacy policy.

2.4 We reserve the right to refuse to accept a registration from any person for any reason in our absolute discretion.

3. Fees

3.1 For the moment, access to and registration as a member of the Site is free of charge (although You may be charged to purchase items via the Site). We reserves the right to alter, to depart from or to cease offering the Site free of charge at any time, but we will inform You by email if we decide to make a charge on any of our services and give You a reasonable length of time to terminate Your membership if You wish to do so.

3.2 You agree that You shall indemnify us against any loss, liability, claim, damage or expense incurred by us arising out of any breach by You of this clause

4. Access and use of the site

4.1 You may not use the Site in any improper or unlawful manner or in breach of any legislation or licence that applies to You.

4.2 Without limiting the foregoing, You agree that when using the Site You will not:
(a) publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, harmful, confidential, libellous, hateful, or otherwise illegal material or information or anything which might constitute a criminal or civil offence;
(b) upload files that contain software or other material which are the intellectual property rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents; or
(c) upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Site or any other computer.

4.3 You agree to comply with all reasonable instructions that we may give You from time to time regarding the use of the Site.

4.4 You are responsible for obtaining (at Your own cost) all necessary equipment and telecommunications services required to access and use the Site. You are responsible for ensuring that no one uses Your equipment to access the Site without Your permission. We will be entitled to assume that anyone who accesses the Site using Your equipment has Your permission to do so and You will be liable for any Charges or any other costs, liabilities or damages that may be incurred by any such person.

5. Third Party Sites and Contributors

5.1 E-commerce facilities available via the Site are provided and operated separately and as such are subject to their own terms of use provided by them to You at their facilities. Individual e-commerce operators are responsible for the fulfilment of Your order and all questions, comments and complaints about any such order should be made to them. We cannot accept any liability for any failure by them to fulfil any order or for any defect in any item(s) supplied to You by them.

5.2 This Site contains links to websites and microsites operated by third parties that are not under our control and are provided to You for Your convenience only. We make no warranties or representations whatsoever about any other website which You may access through this Site or any services that they may provide. Without limiting the foregoing, these sites are in no way approved, vetted, checked or endorsed by us and You agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such sites. If You choose to access a website beyond our control, You do so at Your own risk. In addition, use of any such third party website or microsite may be subject to Your acceptance of additional terms and conditions.

6. Blogs, chat rooms, forums and User Generated Content

6.1 The Site may include blogs, chat rooms and/or discussion forums that You are able to contribute to. Whilst we encourage You to contribute whatever material You wish to these blogs, chat rooms and/or discussion forums: (a) You must not submit any confidential, defamatory, offensive, infringing, obscene, indecent or otherwise unlawful or objectionable material or information nor use Clubcollective.com for any chain letters, junk mail, ‘spamming’ material or any other form of bulk communication; (b) You must not submit any content or material the Intellectual Property Rights in which are owned by any third party; (c) You must not submit any material which is prohibited by the Data Protection Act 1998 or any other applicable data protection or privacy legislation; (d) You may only upload or submit material to Clubcollective.com which either You own or which You have the permission of the owner of that material to submit.

6.2 We may, without notice, remove any content submitted by You to any element of the Site or any other content that in our sole judgment violates these Terms of Use or may be offensive or illegal or may violate the rights, harm or threaten the safety of any person.

6.3 All information that You post to any blog, chat room or discussion forum may be seen by other users of the Site. Therefore, We advise You to be selective about what information You post on the Site or that You provide to other users. Please do not include the following information in Your profile: telephone numbers, addresses, surname etc. If other members of the Site have posted material which is inaccurate, inappropriate, offensive (or does not comply with any of the provisions of these Terms of Use) we shall assume no responsibility or liability for such material.

6.4 You are responsible for Your relationship with other members of the site. However, we reserve the right, but are not obliged, to monitor disputes between You and other members.

6.5 You acknowledge that we do not actively monitor the content of any blog, chat room or discussion forum, but if we are informed or if we suspect that any material contained on any blog, chat room or discussion forum infringes the intellectual property or other proprietary rights of any third person or is otherwise unlawful, then we shall have the right to immediately remove such material from the Site. We also reserve the right to remove any material submitted by You which we consider, in our absolute discretion, to be offensive, insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate or which is posted in breach of these Terms of Use.

7. Competitions and Prize Draws

7.1 From time to time it may possible to enter competitions or prize draws through the Site. There may be additional terms and conditions applicable to those competitions or prize draws. Where additional terms apply You will be notified of that fact and given an opportunity to read those terms and conditions before You enter the competition or the prize draw.

8. Intellectual Property

8.1 For the purposes of these Terms of Use, "Intellectual Property Rights" means patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.

8.2 We do not claim any ownership of any Intellectual Property Rights in the files, images, photos, works of authorship or any other materials (collectively "User Generated Content") that You post to our website. After posting any User Generated Content You retain all rights of ownership in it and You may use the User Content in any way You choose (provided it does not breach any of these Terms of Use).

8.3 Notwithstanding the above, You hereby grant to us a license to publicly perform, reproduce, display, modify, manage, distribute and store any of Your User Generated Content as part of the Site or as part of any materials used to promote or advertise the Site anywhere in the world. You are free to use Your User Generated Content outside of our Site in any way You choose and in turn we shall not distribute or sell any of Your User Generated Content outside of our Site. However, the licence You grant to us is royalty free and we will not be under any obligation to pay You for any of the User Generated Content on our Site.

8.4 Save in respect of the User Generated Content, all Intellectual Property Rights in and to the Site and all content and materials contained therein are owned by and shall remain owned by Us or Our licensors. You may view, download and print any materials and information made available to You through the Site subject to the following conditions:
(a) the material and information may only be used for Your personal and non-commercial purposes;
(b) the material and information shall not be reproduced or included in any other work or publication in any medium;
(c) the material and information may not be modified or altered in any way;
(d) the material and information may not be distributed or sold to any third party;
(e) You may not remove any copyright or other proprietary notices contained in the material or the information.

8.5 For the avoidance of doubt, these Terms of Use are not intended to prevent You recording in manual form any individual item of information, or disclosing any individual item of information, free of charge, to friends or relations for non-commercial purposes provided that You take all reasonable steps to ensure that any person to whom You may disclose that information complies with these Terms of Use.

9. Warranties and Disclaimers

9.1 We will exercise all reasonable skill and care in providing the Site. As explained above, we obtain the materials and information provided on the Site from third party partners and so we are not able to guarantee the accuracy, completeness, currency or reliability of any such materials or information.

9.2 Therefore, except as expressly provided in these Terms of Use, the Site and all materials and information provided through it are provided on an "as is" basis without warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise) and all other conditions, statements and warranties (including, but not limited to, any implied warranty of the fitness for a particular purpose of the Site or that Your use of the Site will not infringe the rights of any third party) are hereby excluded to the fullest amount permissible by law. Without limiting the foregoing, we make no warranty that the Site and all materials and information provided through it will meet Your requirements. Therefore we advise You to check any materials or information provided to You through the Site as any reliance that You place on the accuracy, completeness, currency or reliability of that information is at Your own risk.

9.3 You warrant and undertake that you own the Intellectual Property Rights in and to all User Generated Content that you submit to the Site or that you are otherwise entitled to submit the same to this Site.

10. Limitation of Liability

10.1 Nothing in these Terms of Use shall be construed as an attempt to limit or exclude our liability in respect of: (a) death or personal injury caused by our negligence;
(b) any loss suffered by You as a result of Your reliance on any fraudulent misrepresentation made by us to You; or
(c) any other liability that cannot be so limited or excluded at law.

10.2 Subject to clause 10.1, You agree that we shall not be liable for: (a) any direct loss, claim or damage;
(b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including but not limited to lost savings or loss or corruption of data); or
(c) any loss of profit (whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Site or its contents (ii) any failure or delay in the use of any component of the Site or any Service including, without limitation, any unavailability of the Site or the Services irrespective of duration of any period of unavailability; or (iii) any use of or reliance upon any information, material, software, products, services and related graphics obtained through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.

10.3 Without limiting the effect of clause 10.2, due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect, Your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any materials or information through the Site is done at Your own discretion and risk and with Your agreement that You will be solely responsible for any damage to Your computer system or loss of data that results from the downloading or acquisition of any such materials.

10.4 You agree that You shall indemnify us against any claims or legal proceedings that are brought or threatened against us by a third party because Your use of the Site or any material or information through the Site is in breach of these Terms of Use.

10.5 We will notify You of any such claims or proceedings and keep You informed as to the progress of such claims or proceedings.

11. Termination

11.1 We may remove the Site or cease the provision of any of the Services, or terminate Your membership of the Site at any time in our sole discretion for any reason whatsoever.

11.2 You shall be entitled to terminate Your membership of the Site at any time by written notice to us. 11.3 Termination of Your membership, howsoever caused, shall not affect the accrued rights and liabilities of either You or Us as at the time of such termination.

12. Data Protection and Privacy

12.1 We will only use any personal information that we may collect about You in accordance with our privacy policy. Click here to view our privacy policy. This policy forms an essential part of these Terms of Use and it is important that You read it. By accepting these Terms of Use You also accept and consent to our privacy policy.

13. General

13.1 Any failure or delay by us to enforce any of our rights under these Terms of Use is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.

13.2 These Terms of Use are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these Terms of Use under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

13.3 If any clause or part of a clause of these Terms of Use is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from these Terms of Use. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these Terms of Use.

13.4 The warranties, exclusions and the other express provisions of these Terms of Use and the privacy policy set out the full extent of our obligations and liabilities concerning its subject matter and supersede any previous agreements between the parties relating thereto. Subject to clause 10.1, You shall have no remedy in respect of any untrue statement made to You upon which You relied in entering into these Terms of Use other than any remedy You may have for breach of the express terms of these Terms of Use.

13.5 This Agreement is governed by the laws of The State of New York, United States of America and the parties agree to submit to the exclusive jurisdiction of the New York Courts.