Club EQ // Acceptable Use Policy

ACCEPTABLE USE POLICY
Terminology. The following terminology is used in this document: "Club Equinox" refers to the owners, operators, and administrators of the Club Equinox Service. "Club Equinox Service" refers to the Club Equinox Website, applications, network, and related infrastructure. "Club Equinox Site" refers to the Club Equinox Website located at and within http://www.clubequinox.com/ . "Acceptable Use Policy" refers to this document located at http://www.clubequinox.com/policy.html . "Club Equinox Users" refers to all end-users of the Service. By using the Club Equinox Service, Club Equinox Users agree to be bound by the terms and conditions set forth in this document. Club Equinox reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Questions regarding these terms and conditions should be addressed to legal@clubequinox.com . Restrictions of Use. Club Equinox grants Club Equinox Users non-exclusive and limited right to use the Club Equinox Service for personal, recreational purposes only. Club Equinox Users are not receiving any ownership or proprietary right, title or interest in the Club Equinox Service or the copyright, trademarks, servicemarks, or other rights related thereto. Club Equinox Users may not use the Club Equinox Service in such a fashion as to defame, abuse, harass, threaten, or otherwise impose harm upon other Club Equinox Users; infringe upon the privacy, trademarks, copyrights, or intellectual property rights of other Club Equinox Users; restrict, impede, or inhibit other Club Equinox Users from accessing the Club Equinox Service; statistically monitor or collect personal or account-related information about other Club Equinox Users; republish, relay, retransmit, or record any broadcast audio/video transmission from the Club Equinox Service; bypass or circumvent authentication or account-tracking mechanisms used by the Club Equinox Service; transmit viruses, trojan horses, or other potentially damaging material to or through the Club Equinox Service; disassemble, reverse engineer, decompile, modify or alter the Club Equinox Service; prepare, design, develop, or publish derivative works based upon the Club Equinox Service; or violate any applicable local, state, national, or international government laws, treaties, or regulations. In addition, Club Equinox Users may not operate any "bot" or other iterative technique which could impose an unreasonably large traffic load on the Club Equinox Service; gain any type of commercial benefit from the Club Equinox Service; or disrupt or impair the security or integrity of the Club Equinox Service. Termination. Club Equinox, in its sole discretion, reserves the right to limit, deny, or create different priorities to different Club Equinox Users. Club Equinox, in its sole discretion, reserves the right to modify, extend, or remove some or all of the functionality of the Club Equinox Service at any time and without prior notice. Cost of Use. Club Equinox may charge a membership fee for use of the Club Equinox Service, including but without limitation, initial setup, upgrades, and access to specific functionality of the Club Equinox Service. Any such fees will be posted for notification purposes on the Club Equinox Site. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE CLUB EQUINOX SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. Disclaimer. THE CLUB EQUINOX SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. CLUB EQUINOX MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE CLUB EQUINOX SERVICE; OR THAT THE CLUB EQUINOX SERVICE AND THE INFORMATION OBTAINED THEREIN MAY BE RELIED UPON FOR ANY PARTICULAR REASON OR PURPOSE. CLUB EQUINOX MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT USE OF THE CLUB EQUINOX SERVICE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE OR THAT ANY DEFECTS CAN BE CORRECTED. Copyrights. Copyright © 2001-2004, Intraversal Digital MediaWorks. All rights reserved. "Club Equinox", "Club EQ", and the associated logos are servicemarks of Intraversal Digital MediaWorks. All other trademarks or servicemarks are property of their respective owners. Miscellaneous. This Acceptable Use Policy constitutes the entire understanding between Club Equinox Users and Club Equinox with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations with reference to the subject matter herein that are not expressly referenced herein or superseded hereby. Last Updated: 01-Jan-2004

Terminology.

The following terminology is used in this document:

"Club Equinox" refers to the owners, operators, and administrators of the Club Equinox Service.
"Club Equinox Service" refers to the Club Equinox Website, applications, network, and related infrastructure.
"Club Equinox Site" refers to the Club Equinox Website located at and within http://www.clubequinox.com/ .
"Acceptable Use Policy" refers to this document located at http://www.clubequinox.com/policy.html .
"Club Equinox Users" refers to all end-users of the Service.

By using the Club Equinox Service, Club Equinox Users agree to be bound by the terms and conditions set forth in this document. Club Equinox reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Questions regarding these terms and conditions should be addressed to legal@clubequinox.com .

Restrictions of Use.

Club Equinox grants Club Equinox Users non-exclusive and limited right to use the Club Equinox Service for personal, recreational purposes only. Club Equinox Users are not receiving any ownership or proprietary right, title or interest in the Club Equinox Service or the copyright, trademarks, servicemarks, or other rights related thereto.

Club Equinox Users may not use the Club Equinox Service in such a fashion as to

defame, abuse, harass, threaten, or otherwise impose harm upon other Club Equinox Users;
infringe upon the privacy, trademarks, copyrights, or intellectual property rights of other Club Equinox Users;
restrict, impede, or inhibit other Club Equinox Users from accessing the Club Equinox Service;
statistically monitor or collect personal or account-related information about other Club Equinox Users;
republish, relay, retransmit, or record any broadcast audio/video transmission from the Club Equinox Service;
bypass or circumvent authentication or account-tracking mechanisms used by the Club Equinox Service;
transmit viruses, trojan horses, or other potentially damaging material to or through the Club Equinox Service;
disassemble, reverse engineer, decompile, modify or alter the Club Equinox Service;
prepare, design, develop, or publish derivative works based upon the Club Equinox Service; or
violate any applicable local, state, national, or international government laws, treaties, or regulations.

In addition, Club Equinox Users may not operate any "bot" or other iterative technique which could

impose an unreasonably large traffic load on the Club Equinox Service;
gain any type of commercial benefit from the Club Equinox Service; or
disrupt or impair the security or integrity of the Club Equinox Service.

Termination.

Club Equinox, in its sole discretion, reserves the right to limit, deny, or create different priorities to different Club Equinox Users. Club Equinox, in its sole discretion, reserves the right to modify, extend, or remove some or all of the functionality of the Club Equinox Service at any time and without prior notice.

Cost of Use.

Club Equinox may charge a membership fee for use of the Club Equinox Service, including but without limitation, initial setup, upgrades, and access to specific functionality of the Club Equinox Service. Any such fees will be posted for notification purposes on the Club Equinox Site.

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE CLUB EQUINOX SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.

Disclaimer.

THE CLUB EQUINOX SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. CLUB EQUINOX MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE CLUB EQUINOX SERVICE; OR THAT THE CLUB EQUINOX SERVICE AND THE INFORMATION OBTAINED THEREIN MAY BE RELIED UPON FOR ANY PARTICULAR REASON OR PURPOSE. CLUB EQUINOX MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT USE OF THE CLUB EQUINOX SERVICE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE OR THAT ANY DEFECTS CAN BE CORRECTED.

Copyrights.

"Club Equinox", "Club EQ", and the associated logos are servicemarks of Intraversal Digital MediaWorks.

All other trademarks or servicemarks are property of their respective owners.

Miscellaneous.

This Acceptable Use Policy constitutes the entire understanding between Club Equinox Users and Club Equinox with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations with reference to the subject matter herein that are not expressly referenced herein or superseded hereby.

Last Updated: 01-Jan-2004