1.
ACCEPTANCE OF TERMS
Thank
you for visiting Chictopia LLC. Chictopia provides its service to you subject
to the following Terms of Service, which may be updated by us from time to time
without notice to you.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY CLICKING “I AGREE”, ACCESSING, BROWSING, USING AND/OR OTHERWISE AVAILING YOURSELF OF Chictopia’s SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES (AS DEFINED BELOW), AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE "TOS"). IF YOU DO NOT AGREE TO THE TOS, THEN PLEASE DO NOT USE THE Chictopia’s SERVICES.
2.
DESCRIPTION OF SERVICE
Chictopia
provides users with access to a collection of resources, including various
communications tools, forums, shopping services, personalized content, and
branded programming through its Website which may be accessed through any
various medium or device now known or hereafter developed, including on the
internet at www.chictopia.com, and through content distribution and
syndication services Chictopia may make available (the "Service").
You also understand and agree that the Service may include advertisements and
that these advertisements are necessary for Chictopia to provide the Service.
You also understand and agree that the Service may include certain
communications from Chictopia, including but not limited to service
announcements, administrative messages and the Chictopia Newsletter, and that
these communications are considered part of Chictopia membership and you will
not be able to opt out of receiving them, except by terminating your membership
with Chictopia. Unless explicitly stated otherwise, any new features, including
the release of new Chictopia properties, shall be subject to the TOS. You are
responsible for obtaining access to the Service, and that access may involve
third-party fees (such as Internet service provider or airtime charges). You
are responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the Service.
3.
ELIGIBILITY AND REGISTRATION OBLIGATIONS
You hereby represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. THE SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF THIRTEEN (13) OR TO ANY USERS SUSPENDED OR REMOVED FROM THE SERVICE BY Chictopia. BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE. The Service is not intended for users under the age of thirteen (13), and Service Provider does not knowingly collect personally identifiable information from users under the age of thirteen (13). Anyone person under the age of thirteen (13) is expressly prohibited from submitting their personally identifiable information to us, and from using portions of the Website for which registration is required, such as our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.
You
also agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form (the
"Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, deceptive, misleading, out
of date, or incomplete, or if Chictopia suspects that such information is
untrue, inaccurate, deceptive, misleading, out of date, or incomplete,
Chictopia has the right to suspend or terminate your account and refuse any and
all current or future use of the Service (or any portion thereof). Your profile may be deleted and your
membership terminated without notice or warning if we believe that, for example
and without limitation, you are i) under thirteen (13); ii) you are under
eighteen (18) but represent yourself as eighteen or older; or iii) you are over
eighteen (18) and represent yourself as under eighteen (18).
Chictopia
reserves the right to refuse or terminate service, including membership, for
any reason.
4.
Chictopia PRIVACY POLICY
Your
privacy is important to us. Our Privacy
Policy, located at http://www.chictopia.com/about/privacy,
is incorporated into the TOS by reference.
Please read this policy carefully for information relating to
Chictopia’s collection, use, and disclosure of your personal information. You hereby consent and agree to abide by our
Privacy Policy and to stay informed of any changes to the posted policy.
5.
MEMBER ACCOUNT, PASSWORD AND SECURITY
When
you register, you will be issued a password.
As you will be responsible for all activities that occur under your
password, you should keep your password confidential. You are responsible for maintaining the
confidentiality of the password and account and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify Chictopia of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. Chictopia cannot and will not be liable for
any loss or damage arising from your failure to comply with these requirements.
6.
MEMBER CONDUCT
You
understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages, tags, or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from whom such Content originated. This means that you, and not
Chictopia, are entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via the Service. Chictopia does not
control, review, moderate, or otherwise monitor the Content posted via the
Service and, as such, does not guarantee the accuracy, integrity or quality of
such Content. You understand that by using the Service, you may be exposed to
Content that is offensive, indecent or objectionable. Under no circumstances
will Chictopia be liable in any way for any Content, including, but not limited
to, any errors or omissions in any Content, or any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Service.
You
agree not to do or attempt any of the following in connection with the Service:
a. upload, post, email, transmit or otherwise
make available any Content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity,
including, but not limited to, a Chictopia official, forum leader, guide or
host, or falsely state or otherwise misrepresent your affiliation with a person
or entity;
d. forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted through
the Service;
e. upload, post, email, transmit or otherwise
make available any Content that you do not have a right to make available under
any law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or disclosed as
part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise
make available any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise
make available any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those
areas (such as shopping) that are designated for such purpose, upload, post,
email, transmit or otherwise make available any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
h. use
the Service to solicit users directly for commercial purposes without prior
written authorization from Chictopia.
Designers and Boutique Owners may promote their services, subject to
i) common sense and good judgment, ii)
Chictopia review, and iii) specific requirements regarding use of the Service
for commercial purposes that Chictopia may, from time to time, communicate
directly to Designers and Boutique Owners individually;
i.
disrupt
the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
j.
interfere
with or disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of networks
connected to the Service;
k. intentionally or unintentionally violate
any applicable local, state, national or international law, including, but not
limited to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock Exchange or
the NASDAQ, and any regulations having the force of law;
l.
access
the Service from territories where its contents are illegal is prohibited
(those who choose to access the Service from other locations do at their own
initiative and are responsible for compliance with all local rules including,
without limitation, rules about the internet, data, email, or privacy);
m. provide material support or resources (or
to conceal or disguise the nature, location, source, or ownership of material
support or resources) to any organization(s) designated by the United States
government as a foreign terrorist organization pursuant to section 219 of the
Immigration and Nationality Act;
n. "stalk" or otherwise harass
another;
o. use
any robot, spider, scraper, or other automated means to access the Service for
any purpose without our express written permission or bypass our robot
exclusion files or other measures we may use to prevent or restrict access to
the Service; or
p. collect or store personal data about other
users, in connection with the prohibited conduct and activities set forth in
paragraphs above or otherwise.
7.
MEMBER CONTENT
You
acknowledge that Chictopia may not pre-screen Content, but that Chictopia and
its designees shall have the right (but not the obligation) in their sole
discretion to pre-screen, refuse, or remove any Content that is available via
the Service. Without limiting the foregoing, Chictopia and its designees shall
have the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by Chictopia or submitted to
Chictopia, including without limitation information in Chictopia Message Boards
and in all other parts of the Service.
You
acknowledge, consent and agree that Chictopia may access, preserve and disclose
your account information and Content if required to do so by law or in a good
faith belief that such access preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond
to claims that any Content violates the rights of third parties; (d) respond to
your requests for customer service; or (e) protect the rights, property or
personal safety of Chictopia, its users and the public.
You
understand that the technical processing and transmission of the Service, including
your Content, may involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting networks
or devices.
You
understand that the Service and software embodied within the Service may include
security components that permit digital materials to be protected, and that use
of these materials is subject to usage rules set by Chictopia and/or content
providers who provide content to the Service. You may not attempt to override
or circumvent any of the usage rules embedded into the Service. Any
unauthorized reproduction, publication, further distribution or public
exhibition of the materials provided on the Service, in whole or in part, is
strictly prohibited.
8.
INTERSTATE NATURE OF COMMUNICATIONS ON Chictopia NETWORK
When
you register with Chictopia, you acknowledge that in using Chictopia services
to send electronic communications (including but not limited to email, search
queries, sending messages to Chictopia Chat or Chictopia Groups, uploading photos
and files to Chictopia Photos or Briefcase, and other Internet activities), you
will be causing communications to be sent through Chictopia's computer
networks. As a result, and also as a result of Chictopia's network
architecture and business practices and the nature of electronic
communications, even communications that seem to be intrastate in nature can
result in the transmission of interstate communications regardless of where you
are physically located at the time of transmission. Accordingly, by agreeing to
the TOS, you acknowledge that use of the Service results in interstate data
transmissions.
9.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing
the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you agree to
comply with all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside.
10.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Chictopia does not claim ownership of Content you submit or make available for inclusion on the Service. However, in order to display materials you provide on the Service and elsewhere, we need your permission. As such, by uploading, emailing, posting, publishing or otherwise transmitting Content to any online forum or other feature of the Service, or by submitting any Content or feedback (including, without limitation, suggestions, complaints, ideas, results, modifications, improvements, translations, discoveries and observations) to Chictopia (“Submissions”) by any means, you grant Chictopia a worldwide, royalty-free, fully paid up, non-exclusive, sublicensable, right and license to use, reproduce, modify, adapt, create derivative works of, perform publicly, display publicly, distribute, publish, and transmit such Submissions, including any and all publicity rights therein, in any form, medium, or technology now known or later developed, provided that:
a. with respect to Submissions you make available
for inclusion solely in areas of the Service which are not publicly accessible
such license shall be limited to use solely for the purpose for which the
Content was provided; and
b. with respect to Submissions you make
available for inclusion on publicly accessible areas of the Service, other than
text. Chictopia’s license shall
terminate at the time you remove or Chictopia removes such Content from
publicly accessible areas of the Service, but any sublicenses previously
granted by Chictopia to third parties shall endure; and
c. with respect to Submissions of text, the
license shall be perpetual and irrevocable; and
d. any exercise of rights granted under this
section shall be subject to all restrictions stated in our
Privacy Policy.
"Publicly
accessible" areas of the Service are those areas of the Chictopia network
of properties that are intended by Chictopia to be available to the general
public. By way of example, publicly accessible areas of the Service would
include Chictopia Message Boards and portions of Chictopia blogs, and Photos
that are open to both members and visitors. However, publicly accessible areas
of the Service would not include portions of Chictopia sections that are
limited to members, Chictopia services intended for private communication such
as Chictopia Messenger, or areas off of the Chictopia network of properties
such as portions of World Wide Web sites that are accessible via hypertext or
other links but are not hosted or served by Chictopia.
11. CONTRIBUTIONS TO Chictopia
By
submitting ideas, suggestions, documents, and/or proposals
("Contributions") to Chictopia through its suggestion or feedback web
pages, you acknowledge and agree that: (a) your Contributions do not contain
confidential or proprietary information; (b) Chictopia is not under any
obligation of confidentiality, express or implied, with respect to the
Contributions; (c) Chictopia shall be entitled to use or disclose (or choose
not to use or disclose) such Contributions for any purpose, in any way, in any
media worldwide; (d) Chictopia may have something similar to the Contributions
already under consideration or in development; (e) your Contributions
automatically become the property of Chictopia without any obligation of
Chictopia to you; and (f) you are not entitled to any compensation or
reimbursement of any kind from Chictopia under any circumstances.
12.
NO RESALE OF SERVICE
You
agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any
commercial purposes, any portion of the Service (including your Chictopia ID),
use of the Service, or access to the Service.
13.
GENERAL PRACTICES REGARDING USE AND STORAGE
You
acknowledge that Chictopia may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that email messages, message board postings or other uploaded Content
will be retained by the Service, the maximum number of email messages that may
be sent from or received by an account on the Service, the maximum size of any
email message that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on Chictopia's servers on your
behalf, and the maximum number of times (and the maximum duration for which)
you may access the Service in a given period of time. You agree that Chictopia
has no responsibility or liability for the deletion or failure to store any
messages and other communications or other Content maintained or transmitted by
the Service. You acknowledge that Chictopia reserves the right to log off,
delete, or disable accounts that are inactive for an extended period of time.
You further acknowledge that Chictopia reserves the right to modify these
general practices and limits from time to time.
14.
MODIFICATIONS TO SERVICE
Chictopia
reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice, including charging or ceasing to charge subscription fees to some or
all users for some or all services. You agree that Chictopia shall not be
liable to you or to any third party for any such modification, suspension or
discontinuance of the Service or of any fees associated with it.
15.
TERMINATION
You agree that Chictopia may, without cause or prior notice, and without liability to you or any third party, immediately terminate your Chictopia account, any associated email address, any accumulated ChicPoints, Chic Tokens, or other rewards or virtual currency, and access to the Service. Chictopia does not permit copyright infringing activities on the Service and reserves the right to terminate access to the Service and remove all Content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Chictopia may have at law or in equity.
Cause
for such termination shall include, but not be limited to, (a) breaches or
violations of the TOS or other incorporated agreements or guidelines, (b)
requests by law enforcement or other government agencies, (c) a request by you
(self-initiated account deletions), (d) discontinuance or material modification
to the Service (or any part thereof), (e) technical or security issues or
problems, (f) inactivity, (g) engagement by you in fraudulent or illegal
activities, (h) nonpayment of any fees owed by you in connection with the
Services, and/or (i) no cause at all.
Termination
of your Chictopia account includes (a) removal of access to all offerings
within the Service, including but not limited to Chictopia Mail, Groups,
Messenger, Chat, Domains, Personals, Auctions, Message Boards, Greetings,
Alerts, Blogs, ChicPoints, and Games, (b) deletion of your password and all
related information, files and content associated with or inside your account
(or any part thereof), and (c) barring of further use of the Service. Further,
you agree that all terminations for cause shall be made in Chictopia's sole
discretion and that Chictopia shall not be liable to you or any third party for
any termination of your account, any associated email address, or access to the
Service.
You may terminate your account, this Agreement
and your right to use the Company Service at any time and for any reason or no
reason, by deactivating your account under your account settings (My Chictopia → Edit Profile).
16.
THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
a. Other Users. Your correspondence or dealings with, or
participation in activities with, other users found on or through the Service
are solely between you and such user.
While Chictopia strives to foster a supportive community which helps reputable
and competent people help each other, you acknowledge and agree that we are not
responsible for the availability, quality, or performance of goods or services
promised by other users, and we do not endorse and are not responsible or
liable for any Content, advertising, representations, opinions, advice,
services, products, or other materials that you may receive through such
contacts. You should use your ordinary
care and common sense when evaluating the wisdom, safety, and prudence of
engaging in particular communications or other activities with site users,
either through the Service, elsewhere online, or offline. YOU AGREE THAT Chictopia WILL NOT BE
RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT
OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OR ACTIVITIES OF SUCH
USERS ON OR IN CONNECTION WITH THE SERVICE.
b. Other Web Sites. The Service may include links to other web
sites or services solely as a convenience to Users ("Linked
Sites"). Chictopia does not endorse
any such Linked Sites or the information, material, products or services
contained on other linked sites or accessible through other Linked Sites. Furthermore, Chictopia makes no express or
implied warranties with regard to the information, material, products, or
services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE
INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE
THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
c. Advertisers. Your correspondence or business dealings
with, or participation in promotions of, advertisers found on or through the
Service are solely between you and such advertiser. YOU AGREE THAT Chictopia WILL NOT BE
RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT
OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON OR
IN CONNECTION WITH THE SERVICE.
17.
Virtual Currency and ChicPoints.
Throughout
your use of the Service, you may accumulate "ChicPoints," which
constitute a limited license right to use a feature of the Service when, as,
and if allowed by Chictopia. ChicPoints is a reward program whereby users may
earn fictional, virtual currency used in the Service to purchase access to
certain features or aspects of the Service, or may apply towards discounts on
the purchase of physical goods sold in connection with the Service. Chictopia
may charge fees for the right to use ChicPoints, or may distribute ChicPoints
without charge, in its sole discretion. Regardless of terminology used,
ChicPoints, whether referred to as ChicPoints or by any other name or label,
represents a limited license right governed solely under these Terms, has no
real value, and is not transferable or redeemable for any sum of money or
monetary value from Chictopia at any time. You agree that Chictopia has the
absolute right to reduce, manage, regulate, control, modify and/or eliminate
ChicPoints as it sees fit in its sole discretion, and that Chictopia will have
no liability to you based on its exercise of such rights. Notwithstanding any
other language to the contrary, as used in the TOS and throughout the Service
in the context of ChicPoints transfers: (i) the term "sell" means
"to transfer for consideration to another user of the Service or Chictopia
the licensed right to use ChicPoints in accordance with these Terms" and
(ii) the term "buy" means "to receive for consideration from
another user of the Service or Chictopia the licensed right to use ChicPoints
in accordance with these Terms." Chictopia may halt, suspend, discontinue,
or reverse any ChicPoints transaction (whether proposed, pending or past) in
cases of actual or suspected fraud, violations of these Terms or other laws or
regulations, or deliberate disruptions to or interference with the Service.
18.
Virtual Currency and Chic Tokens.
a) The Service may include a virtual currency (“Virtual Currency”) including, but not limited to coins,
tokens, or points, that may be purchased from Chictopia for “real world” money if you are a legal adult in your
country of residence. The Service may also include virtual digital items (“Virtual Goods”) that may be
purchased from Chictopia for “real world” money or for Virtual Currency. Regardless of the terminology used,
Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary
value from Chictopia or any other party.
b) Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods
or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency
appearing or originating in the Service, or any other attributes associated with use of the Service or stored
within the Service.
c) Chictopia has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency
and/or Virtual Goods as it sees fit in its sole discretion, and Chictopia shall have no liability to you or anyone
for the exercise of such rights.
d) Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized
within the Service. Outside of the Service, you may not buy or sell any Virtual Currency or Virtual Goods for
“real world” money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and
may result in a lifetime ban from Chictopia Service and possible legal action.
e) You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our
sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or
suspended for any reason, in Chictopia's sole and absolute discretion, or if Chictopia discontinues providing
the Service.
19.
CHICTOPIA'S PROPRIETARY RIGHTS
You
acknowledge and agree that the Service and any necessary software used in
connection with the Service, including without limitation any Artwork,
ChicPoints, member accounts or user IDs, markup, source or object code used in
connection with the Service, or visual art and any combination thereof (all of
the foregoing, collectively, the "Materials") contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through the Service or
by advertisers is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly permitted by
applicable law or authorized by Chictopia or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Materials, in whole or in part.
Chictopia
grants you a personal, non-transferable and non-exclusive right and license to
use the Service, including any executable software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work from, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree not to
modify the Materials in any manner or form, and not to use modified versions of
the Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service by any
means other than through the interface that is provided by Chictopia for use in
accessing the Service.
20.
INDEMNITY
You
agree to indemnify and hold harmless Chictopia and its subsidiaries,
affiliates, officers, agents, employees, partners, licensees and licensors from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post, transmit or otherwise
make available through the Service, your use or misuse of the Service, your
connection to the Service, your violation of the TOS, or your violation of any
rights of another. Chictopia
reserves the right, at our own expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify us, and you agree
to cooperate with our defense of these claims.
21.
USER DISAGREEMENTS
You
alone are responsible for your involvement with other users. Chictopia reserves the right, but has no
obligation, to monitor disagreements between you and other users. If you have a dispute with one or more users,
you irrevocably and forever release Chictopia (and Chictopia 's officers,
directors, agents, subsidiaries, joint ventures and employees) from claims,
demands and damages (actual and consequential) of every kind and nature, known
and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE
CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH I KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
22.
DISCLAIMER OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ANY
DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN
CONJUNCTION WITH OR THROUGH THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, Chictopia, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES,
STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON–INFRINGEMENT OF PROPRIETARY RIGHTS..
Chictopia
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS MAKE NO WARRANTY THAT THE SERVICE, INCLUDING ANY DOWNLOADABLE
SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH
OR THROUGH THE SERVICE AND
ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICE (i) WILL MEET YOUR REQUIREMENTS; (ii) BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (iii) YIELD RESULTS THAT ARE ACCURATE OR
RELIABLE; (iv) WILL MEET YOUR QUALITY OR OTHER EXPECTATIONS; NOR THAT (v) ANY
ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Chictopia
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS.
A
SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO
CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE
SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS
EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR
ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN
PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND
CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE
USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF
AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
23.
LIMITATION OF LIABILITY
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT
Chictopia AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF Chictopia HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
b. IN NO EVENT WILL Chictopia OR
ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, LICENSEES, LICENSORS, OR
THIRD–PARTY PARTNERS OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR
USE OF THE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY,
OR OTHERWISE) EXCEED THE AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESSING THE
SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM OR ONE HUNDRED
DOLLARS, WHICHEVER IS GREATER.
c. THESE LIMITATIONS WILL ALSO APPLY WITH
RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR
PROVIDED BY THIRD PARTIES OTHER THAN Chictopia AND RECEIVED
THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON
THE SERVICE.
24.
EXCLUSIONS AND LIMITATIONS
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS MAY NOT APPLY TO YOU.
25.
NO THIRD-PARTY BENEFICIARIES
You
agree that, except as otherwise expressly provided in these TOS, there shall be
no third-party beneficiaries to this agreement.
26.
MODIFICATIONS AND NOTICE
Chictopia reserves the right, in its discretion,
to change, modify, add, or remove portions of the TOS at any time. Please check the TOS periodically for
changes. For any material changes, the
amended TOS will become effective upon the earlier of i) your knowledge of the
modifications, and ii) 30 days after Chictopia provides you notice thereof. For all other changes, the amended TOS become
effective immediately. Your continued
use of the Service after the amended TOS become effective constitutes your
binding acceptance of the amended TOS.
a. To Chictopia. Legal notices shall be served on Chictopia via
United States mail at 584 Castro St. #494 , San Francisco, CA 94114.
b. To You.
Chictopia may provide you with notices, including those regarding changes to
the TOS, including by but not limited to email, United States mail, SMS, MMS,
text message, postings on the Service, or other reasonable means now known or
hereinafter developed.
c. Effective Date. Notice sent by electronic means, including by
posting to the Service, will be deemed given 24 hours after it is sent, unless
the sending party is notified that the communication failed or was otherwise
invalid. Notice sent by United States
mail will be deemed given three days after the date of mailing.
27.
TRADEMARK INFORMATION
The
Chictopia name and Chictopia logo (“the Chictopia Marks”) are trademarks or
registered trademarks of Chictopia LLC in the United States and other
jurisdictions. You may not use or
display in any manner the Chictopia Marks without Chictopia's prior written
permission.
28.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY
INFRINGEMENT
Chictopia
respects the intellectual property of others, and we ask our users to do the
same. Chictopia reserves the right to disable and/or terminate the accounts of
users who are found to be repeat infringers. If you are a copyright holder and
believe that any content available through the Service infringes your rights,
or your intellectual property rights have been otherwise violated, you may
submit a notification pursuant to the Digital Millennium Copyright Act
("DMCA") by providing our Designated Copyright Agent with the
following information in writing (see 17 U.S.C § 512(c)(3) for further
detail)::
(i) A physical or electronic signature of
a person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
(ii) Identification of the copyrighted
work claimed to have been infringed, or, if multiple copyrighted works at a
single online site are covered by a single notification, a representative list
of such works at that site.
(iii) Identification of the material that
is claimed to be infringing or to be the subject of infringing activity and
that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to
permit the service provider to contact the complaining party, such as an
address, telephone number, and, if available, an electronic mail address at
which the complaining party may be contacted.
(v) A statement that the complaining party
has a good faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in
the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
Chictopia's
Agent for Notice of claims of copyright or other intellectual property
infringement can be reached as follows:
By email: copyright@chictopia.com
By post: Agent for Notice of
Claimed Infringement
584 Castro St. #494
San Francisco, CA
94114
29.
APPLICABLE LAWS AND DISPUTE RESOLUTION.
We
operate the Service from our offices in California, and we make no
representations that information and materials included in the Site or Services
are appropriate or available for use in other locations. Access to the Service from any territory
where the content is illegal is prohibited.
If
a dispute arises between you and Chictopia, you and Chictopia agree that we
will resolve any claim that arises out of or relates to this Agreement or our
Site or Services (a "Claim") solely in accordance with the provisions
set forth below or as we and you otherwise agree in writing.
a. Law and Forum for Disputes
. This Agreement shall be governed in all
respects by the laws of the State of California without reference to conflict
of law provisions. You agree that any
claim or dispute you may have against Chictopia shall be exclusively resolved
by a court located in the City and County of San Francisco, California, except
as otherwise agreed by the parties or as described in the Arbitration Option
paragraph below. You agree to submit to
the personal jurisdiction of the courts located within the City and County of
San Francisco, California for the purpose of litigating all such claims or
disputes.
b. Arbitration Option
. For any claim (excluding claims for
injunctive or other equitable relief) where the total amount of the award
sought is less than $10,000, the party requesting relief may elect to resolve
the dispute in a cost effective manner through binding non-appearance-based
arbitration. In the event a party elects
arbitration, they shall initiate such arbitration through an established
alternative dispute resolution ("ADR") provider mutually agreed upon
by the parties. The ADR provider and the
parties shall comply with the following rules: a) the arbitration shall be
conducted by telephone, online and/or be solely based on written submissions,
the specific manner shall be chosen by the party initiating the arbitration; b)
the arbitration shall not involve any personal appearance by the parties or
witnesses unless otherwise mutually agreed by the parties; and c) any judgment
on the award rendered by the arbitrator may be entered in any court of
competent jurisdiction.
c. Claims
. YOU AND Chictopia AGREE THAT ANY CAUSE OF
ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE Chictopia SERVICE MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
d. Improperly Filed Claims
. All claims you bring against Chictopia must
be resolved in accordance with this Section, and any claims filed or brought
contrary to the Section shall be considered improperly filed. Should you file a claim contrary to this
Section, Chictopia may recover reasonable attorneys' fees and costs up to
$1000, provided that Chictopia has notified you in writing of the improperly
filed claim, and you have failed to promptly withdraw the claim.
30. GENERAL INFORMATION
a. Entire
Agreement. The TOS, including any documents
incorporated by reference herein, constitutes the entire agreement between you
and Chictopia and governs your use of the Service, superseding any prior
agreements between you and Chictopia with respect to the Service. You also may
be subject to additional terms and conditions that may apply when you use or
purchase certain other Chictopia services, affiliate services, third-party
content or third-party software.
b. Waiver and
Severability of Terms. The
failure of Chictopia to exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such right or provision. If any provision of
the TOS is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect.
c. No Right of
Survivorship and Non-Transferability. You
agree that your Chictopia account is non-transferable and any rights to your
Chictopia ID or contents within your account terminate upon your death. Upon
receipt of a copy of a death certificate, your account may be terminated and
all contents therein permanently deleted.
d. Statute of
Limitations. You
agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Service or the TOS must be
filed within one (1) year after such claim or cause of action arose or be
forever barred.
e. Headers and
Titles. The
section titles in the TOS are for convenience only and have no legal or
contractual effect.
f. Assignment. You may not assign or transfer the TOS or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms of Service at any time without notice.
g. Survival. Sections will survive any termination of these Terms.
31. API Usage
32. Shop Policy
