Welcome. This Site is operated by Chompmark Inc. (“Chompmark”, “we,” “us,” or “our”).
OWNERSHIP OF SITE MATERIALS
Unless otherwise stated, all materials that are included in or a part of the Sites, including any and all copyrightable material and all other materials related to the Sites (collectively, the “Materials”) are owned, controlled or licensed by Chompmark, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent and other laws, rules, regulations and international treaties.
The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the prior written authorization of Chompmark, unless expressly provided in these Terms. Any other use of the Materials without the prior written authorization of Chompmark is strictly prohibited.
YOUR LICENSE TO USE MATERIALS AVAILABLE ON OUR SITES
You may visit our Sites without further permission from Chompmark and Chompmark grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to use, download, view and play the Materials. This license is subject to your full compliance with these Terms.
You agree that you will not, including by use any robot, scraper, or other data mining technology or process, frame, mask, extract data from, copy or distribute the Materials, except as may be a result of standard search engine or Internet browser usage or as expressly authorized by Chompmark.
You agree that you will not charge any person or entity to view, listen, play or otherwise access any Materials, or disseminate any Materials in any manner to the public for free or for a fee.
INFORMATION & CONTENT YOU SUBMIT
The Sites may provide you and others with the opportunity to participate in message boards, chat rooms and other public areas (“Community Forums”) and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Chompmark or a Site, including, without limitation, comments, ideas, review, suggestions and other content (collectively, “User Content”).
You remain the owner of your User Content, but you acknowledge that Chompmark must have a license from you in order to accept your User Content. You grant to Chompmark the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify and create derivative works of, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or later developed; and with any technology or devices now known or later developed and to advertise, market and promote the same.
You further authorize Chompmark to publish your User Content in a searchable format that may be accessed by users of the Sites and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Chompmark these licenses. Upon Chompmark’s request, you will furnish Chompmark any documentation, substantiation or releases necessary to verify your compliance with these Terms.
You further acknowledge and agree that Chompmark does not and will not have any obligation to review, monitor, display, accept or exploit any User Content and Chompmark may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content at any time without notice or liability to you or any other party. You understand that User Content need not be maintained on the Site by us for any period of time and we reserve the right to delete it at any time.
Some of the services on the Sites may require you to pay a fee, such as subscription services on the Sites, as described in the specific conditions included where those services, if any, are offered. The Sites may offer one-time fee-based services and subscription-based services. Regardless of the type of service you purchase, you agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
If you have subscribed to a paid service on a Site, then by so subscribing you are entering into a legal and binding agreement between yourself, as an end user, and Chompmark to purchase that subscription.
ACCEPTABLE USE POLICY & COMMUNITY USAGE RULES
When you contribute, upload or otherwise provide User Content to a Site, you agree to comply with the following Community Usage Rules:
- Your User Content must be your own, not copied from someone else’s work; or, all persons who have any rights to your User Content have given you permission to upload and distribute the User Content.
- Your User Content must not contain any visible logos, phrases or trademarks that you do not own, or any other third party materials.
- Your User Content must not contain any music unless you have all rights to the musical work.
- Your User Content must not threaten, abuse or harm others.
- Your User Content must not include any negative comments that refer to race, national origin, sexual preference or physical handicap, or that are defamatory, slanderous or pornographic.
- Your User Content must not promote violence or describe how to perform a violent act.
- Your User Content must not overtly advertise or promote your products or services.
- Your User Content must not promote any illegal activity. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, including reporting you to the proper governmental authorities.
- Your User Content should not include personal information, such as full name, password, phone number, address, e-mail address or other personally identifiable information or contact information.
- Your User Content may not include personal information about another person, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
- Your User Content must not be deceptive, inaccurate, misleading or in any way misrepresent your identity or affiliation with a person or company.
- Your User Content must not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Sites or any computer system.
- Your User Content must not contain any content that you do not have a right to transmit 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.
MEMBERSHIP & REGISTRATION
Certain areas of the Sites may require registration or may otherwise ask you to provide information to participate in certain features or access certain Materials or User Content. The decision to provide this information is purely optional.
When you provide information to a Site, you agree to provide only true, accurate, current and complete information.
If you register with us, you accept responsibility for all activities that occur under your account or password and you agree you will not sell, transfer or assign your membership or any membership rights. Chompmark reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.
You represent and warrant that: you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms or, if you are a minor, your parent or legal guardian has approved your participation on this Site and has read and agreed to these Terms on your behalf; and you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms.
You agree to comply with all rules, laws and regulations that are applicable to your use of the Sites, including, without limitation, those governing your transmission or use of any software or data.
USER INTERACTIONS AND DISPUTES
You are solely responsible for your interaction with other users of the Sites, whether online or offline. We are not responsible or liable for the conduct of any user. We have no obligation to monitor or become involved in disputes between you and other users.
The Sites may contain or offer contests or other promotions (“Promotion”), which may be governed by a separate set of rules that describe the Promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable Promotion.
THIRD PARTY LINKS, CONTENT AND APPLICATIONS
There may be links from the Sites, or from communications you receive from the Sites, to third party web sites or online features. The Sites also may include third party content that we do not control, maintain or endorse.
You may choose, at your sole and absolute discretion and risk, to use applications that connect a Site or your profile on a Site with a third party site (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Site profile. By using such Applications, you acknowledge and agree that if you use an Application to share information relating to your Site accounts, you are consenting to the information about your account being shared; your use of an Application may cause personally-identifying information to be publicly disclosed and/or associated with you; your use of an Application is at your own option and risk, and you will hold Chompmark harmless for the sharing of information relating to your Site accounts that results from your use of an Application.
The Sites may include a button enabling you to indicate, on your social networking page, that you “like” a specific product on the Sites, or a feature that lets you post to your social networking page a link to a specific Site product or the ability to share content from the Sites or your User Content with a third party. Using this functionality typically requires you to login to your account on the third party site and you do so at your own risk. We do not control any of these third party sites or any of their content. Accordingly, you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or online features.
Chompmark grants you the revocable permission to link to the Sites; provided, however, that your web site must not frame or create a browser or border environment around any of the content on the Sites or otherwise mirror any part of the Sites; must not imply that Chompmark or any Site is endorsing or sponsoring it or its products; must not present false information about, or disparage, tarnish, or otherwise, in Chompmark’s sole opinion, harm Chompmark or its products or services; must not use any Chompmark trademarks without the prior written permission from Chompmark.
SOFTWARE AND OTHER ITEMS AVAILABLE FOR DOWNLOAD
Any items that we make available for download or use from the Sites and/or our servers (the “Downloadable Items”) are the copyrighted work of Chompmark or its licensors or suppliers. Your use of the Downloadable Items may be governed by Additional Terms, which may be included with the Downloadable Items. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Downloadable Items.
DISCLAIMER OF WARRANTIES
The Sites, including, without limitation, the materials, are provided on an “as is,” “as available” and “with all faults” basis. To the fullest extent permissible by law, neither Chompmark nor any of its members, managers, employees, directors, officers, shareholders, agents, vendors or contractors (collectively, “Chompmark parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Sites; (b) the Materials on or provided through the sites; (c) the Widgets or Downloadable Items; (d) User Content; (e) the functions made accessible on or through the Sites; (f) any products, services or instructions offered or referenced on the Sites; and/or (g) security associated with the transmission of information transmitted to or from Chompmark or via the Sites.
The Chompmark parties do not represent or warrant that the sites or the functions contained on them will be error-free or uninterrupted; that defects will be corrected; or that the Sites or the servers that makes the Sites available are free from any harmful components, including, without limitation, viruses or other malware.
The Chompmark parties do not make any representations or warranties that the information on the Sites is accurate, complete, correct, adequate, useful, timely or reliable. You acknowledge that your use is at your sole risk. The Chompmark parties do not warrant that your use of any Site is lawful in any particular jurisdiction, and the Chompmark parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law is applicable to these terms.
By accessing or using a Site, you represent and warrant that your activities are lawful in every jurisdiction where you access or use that Site.
DISCLAIMERS & LIMITATION OF LIABILITY
Under no circumstances will the Chompmark parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages that are directly or indirectly related to the Sites; the Materials; Widgets or the Downloadable Items; User Content; your use of, inability to use, or the performance of the Sites; any action taken in connection with an investigation by the Chompmark parties or law enforcement authorities regarding your use of the Sites; any action taken in connection with copyright or other intellectual property owners; any errors or omissions in a Sites’ technical operation; or any damage to any user’s computer, hardware, computer software, mobile phone or other mobile devices, modem or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Chompmark parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the Site).
In no event will the Chompmark parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree that in the event you incur any damages, losses or injuries that arise out of Chompmark’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of the Sites or any other web site, property, product, service, or other materials owned or controlled by the Chompmark parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the Sites or any other web site, property, product, service, or other materials owned or controlled by the Chompmark parties.
By accessing a Site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive those rights.
You agree to indemnify, defend and hold the Chompmark Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: your User Content; your use of any Site or activities in connection with any Site; your breach or anticipatory breach of these Terms; your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; information or material transmitted through your computer or other device used to access a Site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; any misrepresentation made by you; or the Chompmark Parties’ use of your information. You will cooperate as required by the Chompmark Parties in the defense of any claim. The Chompmark Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Chompmark Parties.
Chompmark reserves the right to terminate your access to and use of any Site in its sole discretion, without notice and liability, including, without limitation, if Chompmark believes your conduct fails to conform with these Terms. Chompmark also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities.
LOCATION OF SITE AND TERRITORIAL RESTRICTIONS
The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Chompmark to any registration requirement within such jurisdiction or country. Chompmark controls and operates the Sites from the United States and Canada, and makes no representations or warranties that the information, products or services contained on the Sites are appropriate for use or access in other locations. Anyone using or accessing a Site from other locations does so on their own initiative and are responsible for compliance with United States’, Canadian, and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of any Site or any portion of a Site to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide
GOVERNING LAWS & JURISDICTION
These terms and the interpretation of these terms will be governed by and construed under the internal laws of Canada and the laws of the province of Ontario governing contracts entered into and to be fully performed in the province of Ontario without regard to its conflicts of laws principles and will specifically not be governed by the United Nations conventions on contracts for the international sale of goods, if otherwise applicable.
The failure of Chompmark to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Chompmark’s rights with respect to such breach or any subsequent breaches. No waiver by Chompmark of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Chompmark. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Chompmark may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Chompmark’s prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect.
ENTIRE AGREEMENT AND OUR RIGHT TO UPDATE THESE TERMS
These Terms and any applicable Additional Terms, as amended from time to time, constitutes the entire agreement that governs your use of the Sites and supersedes any prior agreements between you and Chompmark with respect to the subject matter of these Terms.
Chompmark reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Sites so that they are accessible via a link on the home page, and that your use of a Site after we have posted the Updated Terms constitutes your agreement to the Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Sites from that point forward.
Please contact us if you have any questions about these Terms & Conditions.