Chuala.com Terms of Use

 

By using the Chuala.com web site, a service of Extemporel Inc. ("Extemporel"), you are agreeing to be bound by the following terms and conditions (“Terms of Use”).

Basic Terms

1.      You are responsible for any activity that occurs under your screen name.

2.      You are responsible for keeping your password secure.

3.      While we may attempt to contact you regarding changes to the Agreement, you should visit this page periodically to review the terms. Chuala may modify or revise these terms, conditions and policies at any time, and at its sole discretion. Your continued use of this Service after any such changes constitutes your acceptance of the new terms. Further, these terms and conditions apply exclusively to your access to, and use of, this Service and do not alter in any way the terms or conditions of any other agreement you may have with Chuala for products, services or otherwise.

4.      Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

5.      You must not abuse, harass, threaten, impersonate or intimidate other Chuala users.

6.      You may not use the Chuala.com service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.

7.      You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the Chuala.com service.

8.      You must not modify, adapt or hack Chuala.com or modify another web site so as to falsely imply that it is associated with Chuala.com.

9.      You must not create or submit unwanted email to any Chuala members (“Spam”).

10.  You must not transmit any worms or viruses or any code of a destructive nature.

11.  You must not, in the use of Chuala, violate any laws in your jurisdiction (including but not limited to copyright laws).

General Conditions

·         We reserve the right to modify or terminate the Chuala.com service for any reason, without notice at any time.

·         We reserve the right to alter these Terms of Use at any time.

·         We reserve the right to refuse service to anyone for any reason at any time.

·         We may, but have no obligation to, remove Content and accounts containing Content we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

 

Privacy

As a condition to using the Service, you agree to the terms of the Privacy Policy as it may be updated from time to time. Chuala understands that privacy is important to you. You do, however, agree that Chuala may monitor, edit or disclose your personal information, including the content of your content, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the Chuala Privacy Policy.

Personal information collected by Chuala may be stored and processed in the Canada or any other country in which Extemporel Inc. or its agents maintain facilities. By using Chuala, you consent to any such transfer of information outside of your country.

Registration Obligations

When requested, each Chuala user must: (a) personally provide true, accurate, current and complete information on the Chuala registration form (collectively, the "Registration Data") and (b) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, Chuala has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, Chuala may suspend or terminate that user's account and prohibit any and all current or future use of the Chuala Sites (or any portion thereof) by that user other than as expressly provided herein.

Each user will establish passwords and account designations upon completing the Chuala registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring there under. Chuala cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to: (a) immediately notify Chuala of any unauthorized use of his or her password or account or any other breach of security; and (b) ensure that he or she exits from his or her account at the end of each session.

Copyright and Intellectual Property Rights

All web site and software materials, including, without limitation, the Chuala.com logo, design, text, graphics, other files, and the selection and arrangement thereof are Copyright (C) 2004 Extemporel Inc. ALL RIGHTS RESERVED. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Chuala or the respective copyright owner.

Chuala Rights include rights to (a) the Service developed and provided by Chuala; and (b) all software associated with the Service. The Chuala Rights do not include third-party content used as part of Service, including the content of uploaded media appearing on the Service.

Chuala grants you a limited license to make personal use only of the Service. Such grant does not include, without limitation: (a) any resale or commercial use of the Service or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Service and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppels or otherwise in or under any patent, trademark, copyright or proprietary right of Chuala or any third party.

You may not use, frame or utilize framing techniques to enclose any Chuala trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Chuala's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Chuala name, trademark or product name without Chuala express written consent.

Chuala does not claim any ownership or copyright in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your Chuala account.

Chuala respects the intellectual property rights of others, and requires that the people who use the Chuala Service do the same. It is our policy to respond promptly to claims of intellectual property misuse.

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:

·         the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;

·         identification of the copyrighted work that you claim has been infringed;

·         identification of the material that is claimed to be infringing and information reasonably sufficient to permit Chuala to locate the material, including the full URL and, if possible, the MD5 hash of the original photo.

·         your name, address, telephone number, and email address.

·         a 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;

·         a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

If Chuala receives such a claim, Chuala reserves the right to refuse or delete Content as described under the Termination and Cancellation Section.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 ("DMCA") is:

Trademarks

Chuala, the Chuala logo and the products and services described in this Service, including without limitation Chuala.com, Chuala.org, and Chuala.net, are either trademarks or registered trademarks of Chuala, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Chuala. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Chuala, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Chuala. All other trademarks, registered trademarks, product names and company names or logos which may be mentioned herein are the property of their respective owners.

Content

All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not Chuala, is entirely responsible for all Content he or she uploads, posts, emails or otherwise transmits via Chuala. No user shall transmit Content or otherwise conduct or participate in any activities on Chuala Sites that, in the judgment of Chuala, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property.

Chuala reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. In addition, Chuala shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content it reasonably considers to violate the Terms or be otherwise illegal. Chuala, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by Chuala to protect the rights, property, or personal safety of Chuala Services' users and the public. Chuala does not control the Content posted to the Chuala Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Chuala be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via Chuala Services.

Each user, by using Chuala Services, may be exposed to Content that is offensive, indecent or objectionable. Each user 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.

User Conduct

In using this Service, you agree:

·         Not to disrupt or interfere with the security of, or otherwise abuse, the Service, or any services, system resources, accounts, servers or networks connected to or accessible through the Service or affiliated or linked web sites

·         Not to disrupt or interfere with any other user's enjoyment of the Service or affiliated or linked web sites

·         Not to upload, post or otherwise transmit through or on this Service any viruses or other harmful, disruptive or destructive files

·         Not to use or attempt to use another's account, service or system without authorization from Service, or create or use a false identity on this Service

·         Not to transmit through or on this Service spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings

·         Not to attempt to obtain unauthorized access to the Service or portions of the Service that are restricted from general access

In addition, you agree you are solely responsible for actions and communications undertaken or transmitted under your account, and you will comply with all applicable local, state/provincial, national and international laws and regulations, including but not limited to Canada export restrictions, that relate to your use of or activities on this Service.

Account Inactivity

After a period of inactivity, Chuala reserves the right to disable or terminate a user's account. If an account has been deactivated for inactivity, the username associated with that account may be given to another user without notice to you or such other party.

Termination and Cancellation

Subscription cannot be transferred once purchased.

You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to Chuala at customerservice@chuala.com, provided, however, that a terminated account may continue to exist for up to seven business days before such cancellation takes effect.

Chuala may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.

Except as set forth above or unless Chuala has previously canceled or terminated your use of the Services (in which case subsequent notice by Chuala shall not be required), if you have provided an alternate email address, Chuala will notify you via email of any such termination or cancellation, which shall be effective immediately upon Chuala's delivery of such notice.

Certain Sections of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.

Linking

You are granted a limited, nonexclusive right to create a hyperlink to this Site provided such link does not portray Chuala or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Chuala logo or other proprietary graphic or trademark of Chuala to link to this Site without the express written permission of Chuala. This limited right may be revoked at any time.

Chuala makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Chuala and Chuala is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Chuala is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Chuala of the site or any information contained therein. When leaving the Chuala site, you should be aware that Chuala's terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

Disclaimers of Warranties

The products, offerings, content and materials on this web site are provided "as is" and without warranties of any kind, either express or implied. Chuala disclaims all warranties, express or implied, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, title, security, accuracy or non-infringement.

Neither Chuala, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that this web site or any function contained in this web site will be uninterrupted or error-free, that defects will be corrected, or that this web site or the servers that make this web site available are free of viruses or other harmful components.

Neither Chuala, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials (including, without limitation, the fee-based products) in this web site in terms of their correctness, accuracy, reliability, or otherwise. Further, please note that no advice or information, obtained by you from our personnel or through this web site shall create any warranty not expressly provided for in this agreement.

Limitation of Liability

You expressly understand and agree that Chuala and our affiliates shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from, (a) the use or the inability to use this Service; (b) the use of any content or other material on this web site or any web site or web sites linked to this web site, (c) 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 this web site; (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party on our web site; or (f) any other matter relating to this web site. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this web site. If you are dissatisfied with any portion of our web site, or with any of provision of this agreement, your sole and exclusive remedy is the discontinuation of your use of this web site.

No Resale of Service

You agree not to sell, resell, or offer for any commercial purposes, any portion of the Chuala Service, use of the Chuala Service, or access to the Chuala Service.

Chuala may terminate a user's account in Chuala's absolute discretion and for any reason. Chuala is especially likely to terminate for reasons that include, but are not limited to, the following: (a) violation of these Terms; (b) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (c) use of a Chuala Site in a manner inconsistent with the Purpose; (d) a user's request for such termination; or (e) as required by law, regulation, court or governing agency order.

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 Canada or the country in which you reside.

Software from this Site (the "Software") is further subject to Canadian export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (a) into (or to a national or resident of) any Country to which the Canada has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Violations

Please report any violations of the Terms (except for claims of intellectual property infringement) to  Chuala at customerservice@chuala.com.

These Terms and Conditions were last modified on 05 December 2006.