February 17th, 2015

Terms

Terms

May 22, 2022 –May 25, 2022

TOUR DE PIER CONTEST

1. Schedule. Contest begins May 22, 2022, and ends May 25, 2022, at 11:59 pm PST.
2. Eligibility. Open to all Bay Club members, guests, and fans, 18 years or older. No purchase necessary.
3. To Enter. Follow @bayclubs on Instagram, and enter your info on the QR code landing page. All must be following @bayclubs on Instagram to be eligible.
4. Entry Restrictions. All entries must be received by 11:59 pm PST on May 25, 2022. Unlimited entries per person. Bay Club associates are not eligible. 
5. Prizes. A pair of tickets for the sold-out Manhattan Beach Wine Auction on June 4, 2022, or a Bay Club branded Gecko Hawaii jacket.
6. Notification of Winners. Winner will be chosen at random. Winner will be notified via direct message on Instagram by 5:00 pm PST on May 28, 2022. Winner will have 48 hours to claim prize, otherwise a new winner will be randomly chosen. 
7. By accepting the prize, the winner agrees to the use of his/her name and photo for entertainment purposes by The Bay Club Company on all social media platforms, including Instagram and Facebook, without further compensation or notice.

Per Instagram rules, we must mention this is in no way sponsored, administered, or associated with Instagram, Inc. By entering, entrants confirm they are 18+ years of age, release Instagram of responsibility, and agree to Instagram’s term of use.

May 17, 2022 –May 20, 2022

SHARED MEMBERSHIP INSTAGRAM TAGGING CONTEST

1. Schedule. Contest begins May 17, 2022, and ends May 20, 2022, at 11:59 pm PST.
2. Eligibility. Open to all Bay Club members, guests, and fans, 18 years or older. No purchase necessary.
3. To Enter. Follow @bayclubs on Instagram, like the giveaway photo, and tagging up to five friends in our post.  All must be following @bayclubs on Instagram to be eligible.
4. Entry Restrictions. All entries must be received by 11:59 pm PST on May 20, 2022. Unlimited entries per person. Bay Club associates are not eligible. Manhattan Country Club is not eligible to be included in the Shared Membership Grand Prize.
5. Prizes. A 6-month Shared Membership for you and 5 friends.
6. Notification of Winners. Winner will be chosen at random. Winner will be notified via direct message on Instagram by 5:00 pm PST on May 25, 2022. Winner will have 48 hours to claim prize, otherwise a new winner will be randomly chosen. 
7. By accepting the prize, the winner agrees to the use of his/her name and photo for entertainment purposes by The Bay Club Company on all social media platforms, including Instagram and Facebook, without further compensation or notice.

Per Instagram rules, we must mention this is in no way sponsored, administered, or associated with Instagram, Inc. By entering, entrants confirm they are 18+ years of age, release Instagram of responsibility, and agree to Instagram’s term of use.

March 1, 2022 – March 25, 2022

MARCH HAPPINESS

1. Schedule. Contest begins March 1, 2022, and ends March 25, 2022, at 11:59 pm PST.
2. Eligibility. Open to all Bay Club members, guests, and fans, 18 years or older. No purchase necessary.
3. To Enter. Follow @bayclubs on Instagram, and vote daily in our Instagram Stories for the campus you want to win. We’ll also be adding points weekly for total club check-ins using the Bay Club Connect App. Each week, we’ll be counting the votes and a campus will be moving to the next round for the next week of voting.  
4. Entry Restrictions. All entries must be received by 11:59 pm PST on March 25, 2022. Unlimited entries per person. Bay Club associates are not eligible to win the Oura Ring. 
5. Prizes. A food truck for your club, and 5 random members that check in the most between March 1 – 25, 2022 will win an Oura Ring.
6. Notification of Winners. Winners will be notified via Instagram Stories by 5:00 pm PST by May 20, 2022. Food Truck will be scheduled ahead of time for April. Oura winners will be notified through email. Winner will have 48 hours to claim prize, otherwise a new winner will be randomly chosen. 
7. By accepting the prize, the winner agrees to the use of his/her name and photo for entertainment purposes by The Bay Club Company on all social media platforms, including Instagram and Facebook, without further compensation or notice.

Per Instagram rules, we must mention this is in no way sponsored, administered, or associated with Instagram, Inc. By entering, entrants confirm they are 18+ years of age, release Instagram of responsibility, and agree to Instagram’s term of use.

OFFICIAL RULES FOR THE BAY CLUB COMPANY CASTING CALL

NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF BEING SELECTED.

SPONSOR:  The sponsor of the Bay Club Company Casting Call (“Casting Call”) is Bay Club Company, 1 Lombard Street, San Francisco, CA, 94111 (“Bay Club Company,” and together with Bravory & Valor, LLC, the “Casting Entities”).

CASTING DESCRIPTION: The Casting Call begins on or about October 25, 2021 12:01 a.m. Pacific Time (“PST”) and ends on November 12, 2021 at 11:59 p.m. PST (“Casting Call Period”). During the Casting Call, entrants will have the opportunity to submit a photo using SurveyMonkey (each, a “Submission”) and to submit the photo for consideration as more fully set forth below. At the end of the Casting Call Period, the Bay Club Company, shall select an entrant or number of entrants to be determined in the Bay Club Company’s sole discretion from among all eligible Submissions received during the Casting Call Period, as set forth more fully below. Entry in the Casting Call does not constitute entry into any other casting call, promotion, contest, or sweepstakes. By participating in the Casting Call, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Bay Club Company, 1 Lombard Street, San Francisco, CA, 94111 which shall be final and binding in all respects. This Casting Call is in no way sponsored, endorsed, or administered by, or in association with SurveyMonkey.

HOW TO ENTER: During the Casting Period, post your Submission through SurveyMonkey. Once you complete your Submission on SurveyMonkey, you will be entered into the Casting Call.

In addition, the Submission must meet the following “Submission Requirements”: (i) the entrant must provide upon request all appropriate clearances, permissions and releases for the Submission (in the event a contestant cannot provide all required releases, the Bay Club Company reserves the right, in the Bay Club Company’s sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for the Bay Club Company’s benefit, or allow the applicable Submission to remain in Casting Call); (ii) the Submission must not include images that are obscene, pornographic, libelous or otherwise objectionable, and (iii) the entrant must be available for a photo shoot at a Bay Club location in Northern California December 7, 2021 – December 9, 2021 or Southern California February 15, 2022 – February 17, 2022.

Any Submission that, in the Bay Club Company’s good faith judgment, violates the Submission Requirements will be disqualified. Submissions must be received by the end of the Casting Call Period. No substitutions or new versions of Submissions will be accepted under any circumstances once the original Submission is submitted for consideration. Any Submission that is considered by the Bay Club Company in its sole and absolute discretion to be obscene, pornographic, libelous, hate speech or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry. The Bay Club Company will use any personally identifiable information collected in connection with this Casting Call in accordance with its online privacy policy, located at https://www.bayclubs.com/privacy-policy/.

Any communication or information transmitted to the Bay Club Company by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Proof of Submission is not considered proof of delivery to or receipt of such entry. Furthermore, the Bay Club Company shall have no liability for any Submission that is lost, intercepted or not received by the Bay Club Company.

IMPORTANT NOTE: By entering the Casting Call, all entrants understand and agree that all Submissions will be posted on the Internet (and other media as designated by the Bay Club Company in its sole discretion) for public view and any such posting will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. Further, no entrant will be eligible to be selected as a Selected Model (defined below) unless the Bay Club Company determines, in its sole and absolute discretion, that such entrant’s Submission has been or can be sufficiently cleared for legal purposes and that such entrant is otherwise eligible to participate in the Casting Call and the photo shoot.

Limit one entry per person. All entries must be received by the end of the Casting Call Period to be considered. The Bay Club Company will be the official timekeeper for this Casting Call.

ELIGIBILITY: This Casting Call is open to persons who:

  • Are current Bay Club Member/s;
  • Are 18 years of age or older, or if under the age of 18 has parent or guardian’s authorization;
  • Are not currently signed with a professional modeling or talent agency;
  • Complete all required fields on submission form, upload a current photo of yourself to be considered, and otherwise meet all Submission Requirements;
  • Are willing to participate in a 3 hour photo and/or video shoot at your local Bay Club in either Northern California from November 16, 2021 – November 18, 2021 or Southern California from February 15, 2022 – February 17, 2022 (the “Shoot”);
  • Are willing to sign all release and waivers granting the Bay Club Company rights to the content captured at a Shoot including name, image, video, likeness, voice, biographical information, statements and city and state of residence; and
  • Are not currently employed by the Bay Club Company.

SELECTION AND NOTIFICATION: At the end of the Casting Call Period, the selected entrants (the “Selected Models”) will be selected by the Bay Club Company (or its designee) to be featured in a Bay Club Company advertising campaign based upon the following criteria: (i) how well the Submission reflects the Bay Club Company brand image; and (ii) quality of the image (the “Judging Criteria”). The Judging Criteria are to be applied in the sole discretion of the Bay Club Company and each entrant agrees to be bound by and not challenge the final decisions of the Bay Club Company. The Bay Club Company will attempt to notify the potential Selected Models replying to the potential Selected Model’s Submission including Bay Club Company’s contact information. The potential Selected Model must then contact the Bay Club Company using that contact information within one (2) day of notification. The Bay Club Company shall have no liability for any Selected Model’s notification that is lost, intercepted, or not received by a potential Selected Model for any reason. If a potential Selected Model does not respond within forty-eight (48) hours of the first notification attempt, or if the notification is returned as unclaimed or undeliverable to such potential Selected Model, such potential Selected Model will forfeit his or her participation in the Shoot and an alternate Selected Model may be selected. If any potential Selected Model is found to be ineligible, or if he or she has not complied with these Official Rules or declines for any reason prior to the Shoot, such potential Selected Model will be disqualified and an alternate Selected Model may (but is not required to) be selected.

The Selected Model(s) shall be responsible and liable for all federal, state and local taxes (and the reporting consequences thereof) on the value of their compensation and any other fees or costs associated with the acceptance of the Casting Call and may be issued an IRS 1099 tax form and is/are advised to seek independent counsel regarding any forms of compensation received. Compensation will be awarded only if the potential Selected Model(s) fully comply(lies) with these Official Rules. All portions of the Casting Call are non-assignable and non-transferable. All details and other restrictions of the Casting Call not specified in these Official Rules will be determined by the Bay Club Company in its sole discretion. No cash alternative or substitution of the Shoot will be allowed.

PRIZE:  Each Selected Model will receive three hundred dollars ($300) cash and a gift bag featuring a box of chocolates, collapsible water bottle, socks, drawstring bag and frame for picture from Photo Shoot valued at one hundred dollars ($100) (collectively, the “Prize”).  The approximate total retail value of each Prize is four hundred dollars ($400).  

GENERAL CONDITIONS: This Casting Call is void where prohibited by law and is subject to all applicable federal, state, and local laws and regulations. The Bay Club Company makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any participation in the Shoot or compensation furnished in connection with the Casting Call, Shoot, and/or Prize. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH SHOOT AND RELATED PRIZE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE BAY CLUB COMPANY HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

Entrant represents and warrants that the Submission: (i) is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) was recently photographed or recorded and depicts or describes entrant honestly and accurately; (iii) does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iv) does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (v) does not and will not violate any applicable laws, and is not and will not be defamatory, libelous, disparaging or offensive. Each entrant hereby agrees to indemnify and hold the Casting Entities harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder. The provision of this paragraph and entrant’s obligations hereunder shall survive the expiration of this Casting Call.

GRANT OF RIGHTS: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant into the Casting Call hereby irrevocably grants the Bay Club Company, its successors and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use the Submission throughout the universe, in perpetuity, for any reason whatsoever, including but not limited to the advertising, marketing, publicity and promotional purposes in any and all media, throughout the universe in perpetuity, without further notice to, consent by, or payment to entrant. In addition, each Selected Model hereby irrevocably grants the Bay Club Company, its successors and assigns, an exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use the Submission throughout the universe, in perpetuity, for any reason whatsoever. Without in any way limiting the foregoing, the Bay Club Company shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which the Bay Club Company deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. The Bay Club Company shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. The Bay Club Company shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements.

GENERAL LIABILITY RELEASE/FORCE MAJEURE: Acceptance of participation in the Shoot constitutes the Selected Model’s permission for the Casting Entities to use the Selected Model’s name, video, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants agree that the Casting Entities and SurveyMonkey: (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Casting Call/Shoot or any Casting Call/Shoot-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse relating to the Casting Call, Shoot, and/or Prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the Casting Call, participation in the Shoot, and/or Prize, including, without limitation, to such Casting Call/Shoot/Prize’s quality or fitness for a particular purpose. The Bay Club Company assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by participating in the Casting Call, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, the Bay Club Company is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. The Bay Club Company reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Casting Call to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Casting Call, or to annoy, abuse, threaten or harass any other person, and the Bay Club Company reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. If a dispute as to the identity of the individual who actually submitted an entry cannot be resolved to the Bay Club Company’s satisfaction, the affected entry will be deemed ineligible. The Bay Club Company reserves the right to modify, extend, suspend, or terminate the Casting Call and/or the Shoot if it determines, in its sole discretion, that the Casting Call is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond the Bay Club Company’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Casting Call as contemplated herein. If an insufficient number of eligible entries are received and/or the Bay Club Company is prevented from selecting Selected Model(s) or continuing with the Casting Call and/or the Shoot as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within the Bay Club Company’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, the Bay Club Company shall have the right to modify, suspend, extend or terminate the Casting Call and/or the Shoot. If the Casting Call is terminated before the designated end date, the Bay Club Company will (if possible) select the Selected Model(s) from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Only participation in the Shoot described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of the Bay Club Company. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Casting Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to the Bay Club Company for purposes of the Casting Call does not place the Casting Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Casting Entities have wide access to ideas, stories, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Casting Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Casting Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Casting Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Casting Call, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

NO OBLIGATION TO USE: The Bay Club Company shall have no obligation (express or implied) to use any Submission or any materials or content created by the entrant (collectively, the “Materials”), select any Selected Models, or to otherwise exploit any Submission or Materials or, if commenced, to continue the distribution or exploitation thereof, and the Bay Club Company may at any time abandon the use of the Submission or Materials for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.

DATES & DEADLINES/ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the Casting Call, the Bay Club Company reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Casting Call. The Bay Club Company cannot accurately predict the number of entrants who will participate in the Casting Call.

FURTHER DOCUMENTATION: If the Bay Club Company shall desire to secure additional assignments, certificates of engagement for the Submission, the Materials or other documents as the Bay Club Company may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon the Bay Club Company’s request therefor.

 

USER-GENERATED CONTENT TERMS AND CONDITIONS

May, 2014

The Bay Club Company, LLC owns and/or operates various websites (“User-Generated Websites” or “Websites”) that permit users (hereinafter “Users”) to submit or publish content (“User-Generated Content”).  Such Websites may include, but are not limited to, blogs, social networks, and comment boards.  By registering, accessing and participating in the User-Generated Websites, and by uploading and posting photos, text or other content on our User-Generated Websites, you accept and agree to the following Terms and Conditions for User-Generated Content with The Bay Club Company, LLC and its affiliates, successors, licensees, and assignees (collectively, “the Company,” “we,” “us,” or “our”).
“You” and “your” refer to you, as a User of the User-Generated Websites. A “User” is someone who accesses, browses, crawls, scrapes, or in any way uses our User-Generated Websites. “Content” includes text, images, photos, audio, video, location data, and all other forms of data or communication.

GENERAL RULES

Content must NOT include:

  • references to products, trademarks, logos, stores or websites of companies other than the Company;
  • content that  would infringe or violate anyone else’s rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights, unless you have the owner’s express permission;
  • another person’s name, photograph, image, likeness or appearance, unless you have that person’s express permission;
  • material for which you were compensated or provided any consideration by a third party;
  • personal contact information for yourself or others;
  • corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer;
  • the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
  • content that is unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, false, misleading or otherwise objectionable to the Company, as determined by the Company in its sole and exclusive discretion;
  • content that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
  • content encouraging conduct that would constitute a criminal offense or promotes alcohol, drugs, tobacco, firearms/weapons;
  • content that could give rise to civil liability or otherwise violate any law; and
  • content encouraging conduct that is unsafe or dangerous or with any political agenda or message.

MINORS

If you are under 18 years old, you must have your parent’s/guardian’s permission to access, use, or post on the User-Generated Websites.

LEGAL

We do not prescreen User-Generated Content.  However, all Content submitted may be subject to a review and approval process and therefore may not be posted to our User-Generated Websites immediately. We reserve the right, but not the responsibility, to refuse to post or to remove any Content that does not comply with requirements above. Any such refusals are made at our sole discretion, and we shall have no obligation to inform you if your submission was refused.  Moreover, as the Content is not prescreened, the Company does not guarantee that our User-Generated Websites will be free from User-Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable.

You acknowledge and agree that the Company does not have any obligation to review User-Generated Content; that the Company is not in any manner responsible for User-Generated Content; that the Company does not guarantee the accuracy, integrity or quality of User-Generated Content; and that the Company cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User-Generated Content will not appear on the User-Generated Websites. You also acknowledge that by providing you with the ability to access, view, and post User Generated Content on the website, the Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User-Generated Content or activities of Users on the User-Generated Websites. The Company may, in appropriate circumstances and at its sole discretion, edit or remove any User-Generated Content, terminate the accounts of Users who may be violating these terms and conditions, or otherwise prohibit such Users from accessing the Website.

OUR RIGHT TO USE YOUR CONTENT AND OWNERSHIP

Your User-Generated Content is not confidential or proprietary.  You grant to the Company, its agents, and others working for it or on its behalf, and their respective licensees, affiliates, successors, and assigns, for good and valuable consideration, the sufficiency of which is acknowledged by you, a perpetual, royalty-free, worldwide, unrestricted, transferable, exclusive, irrevocable and unlimited license, right and permission to utilize the Content you submit, and to use, distribute, publish, exhibit, digitize, broadcast, display, disclose, remove, reproduce, prepare derivative works from, and otherwise exploit the Content, your likeness, and any material in the Content or derived from it, in any manner or media whatsoever (whether now known or hereafter devised) anywhere in the world in perpetuity, including, if the Company elects at its sole discretion, posting the Content on our website, our Facebook page or any other User-Generated Website or social media page.  You irrevocably waive, and cause to be waived, against the Company and its Users, any claims and assertions of moral rights or attribution with respect to your Content.  All uses granted are for the purpose of advertising or trade and promoting and publicizing the Company and its products and services without any payment to or further authorization by you.  The granting of the foregoing rights does not create any obligation on our part to post the Content on our User-Generated Websites or otherwise use the Content.  Under the license granted, we are free to use any ideas or concepts contained in the Content without further attribution, compensation, or notice to you.  For clarity, we do not claim ownership of your Content, but we receive the above grants of rights from you for use of the Content.

You agree that if the Content is posted, you will have no right of approval before or right to deletion after the Content is posted on our User-Generated Websites and that you and your heirs and assignees will have no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, distortion, illusionary effect, faulty reproduction, fictionalization, or use in any composite form of your name, video, picture, likeness, and voice.

You understand that if we elect to post your Content on our User-Generated Websites, you will not receive any compensation, prize, or remuneration of any kind and your submission will be accessed and viewed by others, including by the general public.  You are solely responsible for your Content and the consequences of your Content being posted on our User-Generated Websites.

ADVERTISING

The Company and its licensees may publicly display advertisements and other information adjacent to or included with your Content.  You are not entitled to any compensation for such advertisements.  The manner, mode, and extent of such advertising are subject to change without specific notice to you.

INTELLECTUAL PROPERTY RIGHTS

You are responsible for ensuring that any User-Generated Content that you post does not, and will not, violate any of the rights of any third party. You warrant and represent that you own or control all rights in any User-Generated Content that you post to the User-Generated Website. You fully release the Company from any and all claims relating to the use of the Content, including but not limited to any claim for copyright infringement, trademark infringement, misappropriation of trade secrets, or invasion of privacy, right of publicity or defamation.  You agree not to take any legal action against the Company, or any entity acting on its behalf, in connection with the use of your name, image, or likeness.

WARRANTY DISCLAIMER

The Company is not responsible or liable for any User-Generated Content or other Content posted on our User-Generated Websites or for any offensive, unlawful or objectionable content you may encounter on or through our User-Generated Websites.  The User-Generated Content and the materials and products on this website are provided “AS IS” and without warranties of any kind.  To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.  The Company does not guarantee and does not promise any specific results from use of our User-Generated Websites.  The Company does not represent or warrant that our User-Generated Websites will be uninterrupted or error-free, that any defects will be corrected, or that they or the server that makes them available are free of viruses or anything else harmful.  To the fullest extent permitted by law, the Company does not make any warranties or representations regarding the use of the materials or Content in our User-Generated Websites in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise.  You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile device, computer system, or other device by which you access our User-Generated Websites, loss of data or other harm of any kind that may result.  The Company reserves the right to change any and all Content and other items used or contained in our User-Generated Websites at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

INDEMNITY

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, successors and assignees, from and against any and all claims, damages, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees) arising from or related to: (a) your violation or breach of these terms; or (b) your violation of any third-party right, including without limitation any copyright, trademark, property, privacy, or publicity right.  This indemnification, defense and hold harmless obligation will, notwithstanding anything to the contrary, survive your use of our User-Generated Websites.

LIMITATION OF LIABILITY

The Company shall not be liable for any direct, special, incidental, indirect, or consequential damages, including for any lost profits or lost data, that result from the use of, or the inability to use, our User-Generated Websites or the performance of the products purchased through our User-Generated Websites or the conduct of other Users (whether online or offline) or any User-Generated Content, even if the Company has been advised of the possibility of such damages.  You assume total responsibility for your use of our User-Generated Websites.  Your only remedy against the Company for use of our User-Generated Websites or any Content is to stop using the websites.  Accordingly, if the Company is found to be liable to you for any damage or loss, which is in any way connected with your use of our User-Generated Websites or any content, the Company’s liability shall not exceed us$100.00.  Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

COPYRIGHT INFRINGEMENT

If your work has been copied and posted on the Website in a way that constitutes copyright infringement, please notify our copyright agent in accordance with the provisions set forth below.

COMPLAINTS

You agree that you shall immediately notify the Company in writing of any objectionable Content appearing on the Website. The Company will make good faith efforts to investigate allegations that any User-Generated Content violates these Terms and Conditions but (i) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User-Generated Content, whether or not subject to such allegations, and (ii) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User-Generated Content whatsoever.

COPYRIGHT AGENT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon the Company actual knowledge of facts or circumstances from which infringing material or acts are evident. The Company’s copyright agent for notice of claims of copyright infringement can be reached as follows:

The Bay Club Company, LLC
Attention: Legal Department
1 Lombard Street
San Francisco, CA 94111

We suggest that you consult your legal advisor before filing a notice with the Company’s copyright agent, as there can be penalties for false claims under the DMCA.

SEVERABILITY

If any provision in these Terms and Conditions is held invalid, the remainder of these Terms and Conditions shall continue to be enforceable.  If any provision in these Terms and Conditions is deemed unlawful, void, or unenforceable, then that provision is deemed severable from these Terms and Conditions and the remaining provisions are still valid and enforceable.

TERMINATION

The Company reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of our User-Generated Websites for any or no reason, without notice and without liability to you or anyone else.  The Company also reserves the right to block Users from certain IP addresses or device numbers and prevent access to our User-Generated Websites. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the websites, or on other platforms (e.g., Facebook, Twitter, Google), may continue to appear on the Websites, or on other platforms even after your User-Generated Content is removed or your account is terminated.  These Terms and Conditions remain in effect even after your account is terminated.

CHANGES TO THE TERMS OF SERVICE

We reserve the right to modify these Terms and Conditions for User-Generated Content from time to time without notice.  You understand and agree that your access to or use of the Site is governed by the Terms and Conditions effective at the time of your access to or use of the Site.  You are responsible for regularly reviewing these Terms and Conditions so that you will be apprised of any changes, as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms and Conditions. You understand and agree that your continued access to or use of the Website after the effective date of modifications to the Terms and Conditions indicates your acceptance of the modifications.

2 Comments

  • Janan Skyhar  |  November 3, 2021 at 3:16 pm

    Why is there not a opportunity for Oregon members?

    • The Bay Club  |  December 10, 2021 at 2:36 pm

      Thanks for your question. Unfortunately, Oregon isn’t offering group volunteering options right now. Hopefully next year!

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