1. Acceptance of terms of use and amendments
Each time you use or cause access to CHAVIT!!!, you agree to be bound by these
terms of use
, as amended from time to time with or without notice to you. In addition, if you are using a particular service hosted on or accessed via CHAVIT!!!, you will be subject to any rules or guidelines applicable to the said services, and they will be incorporated by reference within these
terms of use
. Please refer to this site's
privacy policy
, which is incorporated within these
terms of use
by reference.
2. The site administrator's service
This web site and services provided to you on and through CHAVIT!!! are provided on an "AS IS" basis.You agree that the site administrator exclusively reserves the right to modify or discontinue provision of CHAVIT!!! and its services, and to delete the data you provide, either temporarily or permanently; the site and may, at any time and without notice and any liability to you, The site admin shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
3. Your responsibilities and registration obligations
In order to use CHAVIT!!! you will be required to
register a user account
on this web site; in this case, you agree to provide truthful information when requested, and undertake that you are aged atleast eleven (11) or older. By registering, you explicitly agree to this site's
terms of use
, including any amendments made by the site administrator from time to time and available here.
4. Privacy policy. Registration data and other personally-identifiable information that may be collected on this site is subject to the terms of the site's
privacy policy
.
5. Registration and password
You are responsible for maintaining the confidentiality of your password, and shall be responsible for all usage of your user account and or user name, whether authorized or unauthorized by you. You agree to immediately notify the site administrator of any unauthorized use or your user account, user name or password.
6. Your conduct.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, shall be under the sole responsibility of the person providing the content or the person whose user account is used. You agree that CHAVIT!!! may expose you to content that may be objectionable or offensive. The site admin shall not be responsible to you in any way for the content that appears on CHAVIT!!!, nor for any error or omission. By using CHAVIT!!! or any service provided, you explicitly agree that you shall not:
(a) provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortuous; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere or interrupt CHAVIT!!! or any service provided, infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of United Kingdom, applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity; forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use CHAVIT!!! for the provision of any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising, without the site editor's prior written consent;
(e) provide any content that may give rise to civil or criminal liability of the site admin, or that may constitute or be considered a violation of United Kingdom, any local, national or international law, including -- but not limited to -- laws relating to copyright, trademark, patent, or trade secrets.
7. Submission of content on CHAVIT!!!
By providing any content to CHAVIT!!!:
(a) you agree to grant the site admin a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us the license specified in this section 7;
(c) you acknowledge and agree that the site admin shall have the right (but not obligation), at the site administrator's entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
8. Third-party services
Goods and services of third parties may be advertised and or made available on or through CHAVIT!!!. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. The site admin shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
9. Indemnification
You agree to indemnify and hold harmless the site admin and the site admin's subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable attorney's fees, that may be made by any third party, due to or arising out of your conduct or connection with CHAVIT!!! or service, your provision of content, your violation of these
terms of use
, or any other violation of the rights of another person or party.
10. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND THE SITE ADMIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SITE ADMIN MAKES NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE SITE ADMIN NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE IS SOLELY AT YOUR OWN RISK, AND THAT THE SITE ADMIN MAY NOT BE HELD LIABLE IN ANY WAY. Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE ADMIN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF THE SITE EDITOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
12. Reservation of rights
The site admin reserves all of the site administrator's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the site admin may have for CHAVIT!!!, its content, and the goods and services that may be provided. The use of the site administrator's rights. and property requires the site administrator's prior written consent. By making services available to you, the site admin is not providing you with any implied or express licenses or rights, and you will have no rights. to make any commercial uses of CHAVIT!!! or service without the site administrator's prior written consent.
13. Notification of copyright infringement
If you believe that your property has been used in any way that would be considered a copyright infringement or a violation of your intellectual property rights, the site administrator's copyright agent may be contacted by the following link:
Click here to contact the webmaster
14. Applicable law
You agree that these
terms of use
and any dispute arising out of your use of CHAVIT!!! or the site administator's products or services shall be governed by and construed in accordance with local laws in force of United Kingdom, headquarters of the owner of CHAVIT!!!, without regard to its conflict of law provisions. By registering or using this web site and service, you consent and submit to the exclusive jurisdiction and venue of United Kingdom, headquarters of the owner of CHAVIT!!!.
15. Miscellaneous information
In the event that these
terms of use
conflict with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these
terms of use
will remain valid and intact; (ii) The failure of either party to assert any right under these
terms of use
shall not be considered a waiver of that party's right, and that right will remain in full force and effect; (iii) You agree that, without regard to any statute or contrary law, that any claim or cause arising out of CHAVIT!!! or its services must be filed within one (1) year after such claim or cause arose, or else the claim shall be forever barred; (iv) The site editor may assign the site admin;s rights and obligations under these
terms of use
; in this case, the site admin shall be relieved of any further obligation.
United Kingdom, September 2010 |