Chickenofthesea.com is an online information and communications service provided
by Chicken of the Sea International ("Provider") subject to your
agreement with all of the terms and conditions offered below. Read this Agreement
carefully before accessing or using the Service. By accessing or using the
Service, you agree to be bound by all of the terms and conditions below, which
are intended to be fully effective and binding upon the Provider and users.
The Provider may modify this Agreement at any time, and such modifications
shall be effective immediately upon posting the modified Agreement. You agree
to review the Agreement periodically to be aware of such modifications and
your accessing or using of the Service constitutes your acceptance of the Agreement
as it appears at the time of your access or use.
The right to use Chickenofthesea.com is personal and
not transferable to any other person or entity. You are responsible for use
of the service under your screen or password and for protection of your password
once created.
You understand that the Provider cannot and does
not guarantee or warrant that files available for downloading through
the Service will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. Each Member is responsible for implementing sufficient
procedures and checkpoints to satisfy his or her particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Service for the reconstruction of any lost data.
The Provider does not assume any responsibility or risk for your
use of the Service.
THE PROVIDER DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE,
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE. EXCEPT AS OTHERWISE
EXPRESSLY SPECIFIED, THE PROVIDER DOES NOT WARRANT THE ACCURACY, COMPLETENESS
OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES,
MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. IN NO EVENT WILL THE PROVIDER BE LIABLE TO YOU OR ANYONE ELSE
FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON
THE INFORMATION PROVIDED THROUGH THE SERVICE.
You agree to use Chickenofthesea.com for lawful purposes
only. You may not post or transmit through Chickenofthesea.com any material
which violates or infringes in any way upon the rights of others, which is
unlawful, threatening, abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise objectionable, which encourages
conduct that would constitute a criminal offense, give rise to civil liability
or otherwise violate any law, or which, without Chickenofthesea.com's express
prior approval, contains advertising or any solicitation with respect to products
or services. Any conduct by you that in our discretion restricts or inhibits
any other person from using or enjoying the Service will not be permitted.
You shall not use Chickenofthesea.com to advertise or perform any commercial
solicitation, including, but not limited to, the solicitation of users to become
subscribers of other on-line information services competitive with Chickenofthesea.com.
Chickenofthesea.com contains copyrighted material,
trademarks and other proprietary information, including, but not limited
to, text, software, photos, video, graphics, music and sound. You may not
modify, publish, transmit, participate in the transfer or sale, create derivative
works, or in any way exploit, any of the content, in whole or in part. Except
as otherwise expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded material
will be permitted without the express permission of the copyright owner.
In the event of any permitted copying, redistribution or publication of copyrighted
material, no changes in or deletion of author attribution, trademark legend
or copyright notice shall be made.
You shall not upload, post or otherwise make available on
Chickenofthesea.com any material protected by copyright, trademark or other
proprietary right without the express permission of the owner of the copyright,
trademark or other proprietary right and the burden of determining that any
material is not protected by copyright rests with you. You shall be solely
liable for any damage resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission. By submitting material
to any public area of Chickenofthesea.com, you automatically grant, or warrant
that the owner of such material has expressly granted Chickenofthesea.com the
royalty-free, perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate and distribute such material (in
whole or in part) worldwide and/or to incorporate it in other works in any
form, media or technology now known or hereafter developed for the full term
of any copyright that may exist in such material. You also permit any other
user to access, view, store or reproduce the material for that user's personal
use. You hereby grant Chickenofthesea.com the right to edit, copy, publish
and distribute any material made available by you. .
Potential users in any jurisdiction in the world, the
common, statutory, regulatory, or codified law of which would void this Agreement
in whole or in any essential part (the essential parts being at least, but
not only, the exclusive venue and exclusive remedy provisions, and warranty
disclaimer), or which makes accessing the Service illegal, are unauthorized
to use the Service, and do so entirely at their own risk.
IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER
MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT
OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE,
AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. A USER'S SOLE AND EXCLUSIVE
REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
Chickenofthesea.com shall have the right, but not the
obligation, to monitor the content of the Service, including chat rooms and
forums, to determine compliance with this Agreement and any operating rules
established and to satisfy any law, regulation or authorized government request.
The Provider shall have the right in its sole discretion to edit, refuse
to post or remove any material submitted to or posted on Chickenofthesea.com.
Without limiting the foregoing, the Provider shall have the right to remove
any material that the Provider, in its sole discretion, finds to be in violation
of the provisions hereof or otherwise objectionable.
You agree to defend, indemnify and hold harmless Chicken
of the Sea International, its affiliates and their respective directors,
officers, employees and agents from and against all claims and expenses,
including attorneys' fees, arising out of the use of Chickenofthesea.com.
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