Web Site SERVICE AGREEMENT/TERMS OF USE
The services that mychipper.com provides to User is subject to the
following Terms of Use ("TOU"). mychipper.com reserves the
right to update the TOU at any time without notice to User. The most
current version of the TOU can be reviewed by clicking on the
"Terms of Use" hypertext link located at the bottom of our Web
pages.
mychipper.com shall have the right at any time to change or modify the
terms and conditions applicable to User's use of mychipper.com, or
any part thereof, or to impose new conditions, including, but not
limited to, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately
upon notice thereof, which may be given by means including, but not
limited to, posting on mychipper.com, or by electronic or conventional
mail, or by any other means by which User obtains notice thereof. Any
use of mychipper.com by User after such notice shall be deemed to
constitute acceptance by User of such changes, modifications or
additions.
Through its Web property,
mychipper.com provides User with access to a variety of resources,
including download areas, communication forums and product information
(collectively "Services"). The Services, including any
updates, enhancements, new features, and/or the addition of any new Web
properties, are subject to the TOU.
User shall be responsible
for obtaining and maintaining all telephone, computer hardware, software
and other equipment needed for access to and use of mychipper.com and
all charges related thereto.
The Services may contain
e-mail services, bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, photo albums, file
cabinets and/or other message or communication facilities designed to
enable User to communicate with others (each a "Communication
Service" and collectively "Communication Services"). User
agrees to use the Communication Services only to post, send and receive
messages and material that are proper and, when applicable, related to
the particular Communication Service. By way of example, and not as a
limitation, User agrees that when using the Communication Services, User
will not:
mychipper.com has no
obligation to monitor the Communication Services. However, mychipper.com reserves the right to review materials posted to the
Communication Services and to remove any materials in its sole
discretion. mychipper.com reserves the right to terminate User's
access to any or all of the Communication Services at any time, without
notice, for any reason whatsoever. mychipper.com reserves the right at
all times to disclose any information as it deems necessary to satisfy
any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials, in
whole or in part, in mychipper.com's sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
Always use caution when
giving out any personally identifiable information in any Communication
Services. mychipper.com does not control or endorse the content,
messages or information found in any Communication Services and,
therefore, mychipper.com specifically disclaims any liability with
regard to the Communication Services and any actions resulting from
User's participation in any Communication Services. Managers and
hosts are not authorized mychipper.com spokespersons, and their views do
not necessarily reflect those of mychipper.com.
If any of the Services
requires User to open an account, User must complete the registration
process by providing mychipper.com with current, complete and accurate
information as prompted by the applicable registration form. User also
will choose a password and a user name. User is entirely responsible for
maintaining the confidentiality of User's password and account.
Furthermore, User is entirely responsible for any and all activities
that occur under User's account. User agrees to notify mychipper.com
immediately of any unauthorized use of User's account or any other
breach of security. mychipper.com will not be liable for any loss that
User may incur as a result of someone else using User's password or
account, either with or without User's knowledge. However, User
could be held liable for losses incurred by mychipper.com or another
party due to someone else using User's account or password. User may
not use anyone else's account at any time, without the permission of
the account holder.
Any software that is made
available to download from the Services ("Software") is the
copyrighted work of mychipper.com and/or its suppliers. Use of the
Software is governed by the terms of the end user license agreement, if
any, which accompanies or is included with the Software ("License
Agreement"). An end user will be unable to install any Software
that is accompanied by or includes a License Agreement, unless he or she
first agrees to the License Agreement terms.
The Software is made
available for download solely for use by end users according to the
License Agreement. Any reproduction or redistribution of the Software
not in accordance with the License Agreement is expressly prohibited by
law, and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE
FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER
OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE
SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT,
mychipper.com HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, mychipper.com MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
Permission to use
Documents (such as white papers, press releases, datasheets and FAQs)
from the Services is granted, provided that (1) the below copyright
notice appears in all copies and that both the copyright notice and this
permission notice appear, (2) use of such Documents from the Services is
for informational and non-commercial or personal use only and will not
be copied or posted on any network computer or broadcast in any media,
and (3) no modifications of any Documents are made. Accredited
educational institutions, such as universities, private/public colleges,
and state community colleges, may download and reproduce the Documents
for distribution in the classroom. Distribution outside the classroom
requires express written permission. Use for any other purpose is
expressly prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible.
mychipper.com AND/OR ITS
RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF
THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS
PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND. mychipper.com AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING
ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN NO EVENT SHALL mychipper.com AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. mychipper.com AND/OR ITS RESPECTIVE SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL mychipper.com AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
mychipper.com does not claim ownership of the materials User provide to mychipper.com (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User's Submission User is granting mychipper.com, its affiliated companies and necessary sublicensees permission to use User's Submission in connection with the operation of their Internet businesses (including, without limitation, all mychipper.com Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User's Submission; to publish User's name in connection with User's Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be
paid with respect to the use of User's Submission, as provided
herein. mychipper.com is under no obligation to post or use any
Submission User may provide and mychipper.com may remove any Submission
at any time in its sole discretion. By Posting a Submission User
warrants and represents to own or otherwise control all of the rights to
User's Submission as described in these Terms of Use including,
without limitation, all the rights necessary for User to provide, post,
upload, input or submit the Submissions.
In addition to the
warranty and representation set forth above, by Posting a Submission
that contain images, photographs, pictures or that are otherwise
graphical in whole or in part ("Images"), User warrant and
represent that (a) User is the copyright owner of such Images, or that
the copyright owner of such Images has granted User permission to use
such Images or any content and/or images contained in such Images
consistent with the manner and purpose of User's use and as
otherwise permitted by these Terms of Use and the Services, (b) User
have the rights necessary to grant the licenses and sublicenses
described in these Terms of Use, and (c) that each person depicted in
such Images, if any, has provided consent to the use of the Images as
set forth in these Terms of Use, including, by way of example, and not
as a limitation, the distribution, public display and reproduction of
such Images. By Posting Images, User is granting (a) to all members of
User's private community (for each such Images available to members
of such private community), and/or (b) to the general public (for each
such Images available anywhere on the Services, other than a private
community), permission to use User's Images in connection with the
use, as permitted by these Terms of Use, of any of the Services,
(including, by way of example, and not as a limitation, making prints
and gift items which include such Images), and including, without
limitation, a non-exclusive, world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat User's Images without having User's
name attached to such Images, and the right to sublicense such rights to
any supplier of the Services. The licenses granted in the preceding
sentences for a Images will terminate at the time User completely remove
such Images from the Services, provided that, such termination shall not
affect any licenses granted in connection with such Images prior to the
time User completely remove such Images. No compensation will be paid
with respect to the use of User's Images.
THE LINKS IN THIS AREA
WILL LET YOU LEAVE mychipper.com'S SITE. THE LINKED SITES ARE NOT
UNDER THE CONTROL OF mychipper.com AND mychipper.com IS NOT RESPONSIBLE
FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED
SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. mychipper.com IS NOT
RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED
FROM ANY LINKED SITE. mychipper.com IS PROVIDING THESE LINKS TO YOU ONLY
AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY
ENDORSEMENT BY mychipper.com OF THE SITE.
mychipper.com is a
distributor (and not a publisher) of content supplied by third parties
and Users. Accordingly, mychipper.com has no more editorial control over
such content than does a public library, bookstore, or newsstand. Any
opinions, advice, statements, services, offers, or other information or
content expressed or made available by third parties, including
information providers, Users or any other user of mychipper.com, are
those of the respective author(s) or distributor(s) and not of
mychipper.com. Neither mychipper.com nor any third-party provider of
information guarantees the accuracy, completeness, or usefulness of any
content, nor its merchantability or fitness for any particular purpose.
In many instances, the
content available through mychipper.com represents the opinions and
judgments of the respective information provider, User, or other user
not under contract with mychipper.com. mychipper.com neither endorses
nor is responsible for the accuracy or reliability of any opinion,
advice or statement made on mychipper.com by anyone other than
authorized mychipper.com employee spokespersons while acting in
their official capacities. Under no circumstances will mychipper.com be
liable for any loss or damage caused by a User's reliance on
information obtained through mychipper.com. It is the responsibility of
User to evaluate the accuracy, completeness or usefulness of any
information, opinion, advice or other content available through
mychipper.com. Please seek the advice of professionals, as appropriate,
regarding the evaluation of any specific information, opinion, advice or
other content.
mychipper.com OR ANY OF
ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING
IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR
TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT
NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS,
OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL
MISUNDERSTANDINGS OR DISPUTES WHEN mychipper.com'S PRODUCTS OR
MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO
mychipper.com. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO
mychipper.com OR ANYONE AT mychipper.com. IF, DESPITE OUR REQUEST THAT
YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE
UNDERSTAND THAT mychipper.com MAKES NO ASSURANCES THAT YOUR IDEAS
AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
mychipper.com shall have
the right, but not the obligation, to monitor the content of mychipper.com,
including chat rooms and forums, to determine compliance with this
Agreement and any operating rules established by mychipper.com and to
satisfy any law, regulation or authorized government request.
mychipper.com shall have the right in its sole discretion to edit,
refuse to post or remove any material submitted to or posted on mychipper.com. Without limiting the foregoing, mychipper.com shall have the
right to remove any material that mychipper.com, in its sole discretion,
finds to be in violation of the provisions hereof or otherwise
objectionable.
User agrees to defend,
indemnify and hold harmless mychipper.com, 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 mychipper.com by User or User's Account.
Either mychipper.com or
User may terminate this Agreement at any time. Without limiting the
foregoing, mychipper.com shall have the right to immediately terminate
User's Account in the event of any conduct by User which
mychipper.com, in its sole discretion, considers to be unacceptable, or
in the event of any breach by User of this Agreement.
This Agreement and any operating rules for mychipper.com established by
mychipper.com constitute the entire agreement of the parties with
respect to the subject matter hereof, and supersede all previous written
or oral agreements between the parties with respect to such subject
matter. This Agreement shall be construed in accordance with the laws of
the Bangalore, Karnataka, India, without regard to its conflict of laws
rules. No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach or
default. The section headings used herein are for convenience only and
shall not be given any legal import.
mychipper.com its logos
are trademarks of mychipper.com Ltd. All rights reserved. All other
trademarks appearing on mychipper.com are the property of their
respective owners.
The names of actual
companies and products mentioned herein may be the trademarks of their
respective owners. The example companies, organizations, products,
domain names, email addresses, logos, people and events depicted herein
are fictitious. No association with any real company, organization,
product, domain name, e-mail address, logo, person, or event is intended
or should be inferred.
Any rights not expressly
granted herein are reserved.