CHICTINI Terms of Service
Ok, so here's the deal... if you're going to view or use any of the services on Chictini LLC's ("Chictini"; "us"; "we") Chictini.com Web Site (the "Site" or "Chictini.com"), you will need to abide by the following terms and conditions (the "Agreement"). We maintain this Site as a service to our users ("Users" or "you"). This Agreement governs all use and viewing of Chictini.com and all of its content, services and any products we make available on the Site, including but not limited to Chictini.com registration and membership, Chictini Store Accounts, and the Chictini.com membership incentive program (collectively, the "Services"). Chictini.com and all of its subsidiaries (including Chictini.com services provided on other websites such as "web 2.0 widgets") are owned and operated by Chictini. Please read this Agreement carefully before accessing or using the Site. By using, visiting or shopping on our Site, you are agreeing to comply with and be bound by the following terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not be able to access the Site or use any of its Services.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Agreement with respect to our Site. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to you. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the amendments to the Agreement. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Privacy Policy. Our Privacy Policy (http://www.chictini.com/privacy), as it may change from time to time, is a part of this Agreement.
3. Eligibility.
Membership in the Services is void where prohibited. This Site is intended solely for users who are sixteen (16) years of age or older. Any registration by, use of or access to the Site by anyone under 16 is unauthorized, unlicensed and in violation of this Agreement. By using the Services or the Site, you represent and warrant that you are 16 or older and that you agree to and to abide by all of the terms and conditions of this Agreement. A user cannot purchase nor view any details on content posted on the Site that contains items/locations not legally allowed for the age of that user. Chictini cannot be held responsible for any item/product purchased or page/physical location visited by a User that is not legally allowed for that user.
4. Electronic Communications. When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. Account Security.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You must not describe or assign keywords in your submissions in a misleading or unlawful manner including in a manner intended to trade on the name or reputation of others, to falsely provide information on a product or person or place to gain a personal and monetary benefit or to gain Chictini points. Chictini has the right and may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Chictini liability.
6. Nontransferable.
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
7. Use of Information.
We reserve the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy (provide link).
8. Copyright.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site ("Copyright Content") are the property of Chictini or its content suppliers and are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 10, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
9. Trademarks.
CHICTINI, CHICBOOK, CHICSTER, CHIC POINTS, FLIPBOOK and other Chictini graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Chictini or its affiliates in the U.S. and/or other countries ("Trademark Content"). Chictini trademarks and trade dress may not be used in connection with any product or service that is not Chictini's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Chictini. All other trademarks not owned by Chictini or its affiliates that may appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Chictini or its affiliates.
10. License and Site Access; Limited Right to Use.
Chictini grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Chictini. This license does not include any resale or commercial use (except as provided herein) of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise provided herein, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Chictini. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Chictini and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Chictini's name or trademarks without the express written consent of Chictini. Any unauthorized use terminates the permission or license granted by Chictini. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Chictini so long as the link does not portray Chictini, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Chictini logo or other proprietary graphic or trademark as part of the link without express written permission.
11. Copyright Infringement and DMCA Policy.
As Chictini asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on the Site violates your copyright, you are encouraged to notify Chictini in accordance with the Digital Millennium Copyright Act ("DMCA") Policy as described below. When Chictini receives proper Notification of Alleged Copyright Infringement as described below, we will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the DMCA. In the case of such termination, Chictini will have no obligation to provide any redemption of points in the Chictini membership incentive program.
a) Notification of Alleged Copyright Infringement ("Notification")
If you believe that your own copyrighted work is accessible on the Chictini website or service in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the DMCA, 17 U.S.C. 512(c)(3) that contains substantially the following information:
You may submit your Notification by sending it to our Designated Agent by fax, mail, or E-Mail as set forth below:
Chictini Designated Copyright Agent
Chictini LLC
84-57 Radnor Street
Jamaica, New York 11432
Phone: 917-757-1460
Fax: 860-812-8000
E-Mail: info@chictini.com
Filing a false form on this page constitutes perjury. Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on our website and/or service is copyright infringing.
Upon receiving a proper Notification as described in this Section A, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.
b) Counter Notification
If you believe your own copyrighted material has been removed from our Site as a result of mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
You may submit your Counter Notification by sending it to our Designated Agent by fax, mail, or E-Mail as set forth below:
Chictini Designated Copyright Agent
Chictini LLC
84-57 Radnor Street
Jamaica, New York 11432
Phone: 917-757-1460
Fax: 860-812-8000
E-Mail: info@chictini.com
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Designated Agent first receives notice from the party filing the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Filing a false form on this page constitutes perjury. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees.
c) Repeat Infringers
In accordance with the DMCA and other applicable law, Chictini has adopted a policy of terminating, in appropriate circumstances and at Chictini's sole discretion, users who are deemed to be repeat infringers. Chictini may also at its sole discretion limit access to the Site and/or terminate the memberships and privileges of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
12. User/Visitor Conduct Policy
Except for advertising programs offered by us on the Site and merchant accounts created and used by you (as described below), Chictini.com and its services are available for personal, non-commercial use only. You the user and/or visitor represent, warrant and agree that no content of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Site's Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
The following is a list of conduct rules that all users and/or visitors must abide to when viewing or using Chictini.com:
Before any user submits content to Chictini.com's item submission process, they must consent that they have received permission by the original content owner to do so;
Your failure to comply with the covenants set forth in the User/Visitor Conduct Policy will amount to a breach of this Agreement and is cause for immediate suspension and/or termination of Chictini's Services to You.
13. Posting of User Content on the Site
You bear sole responsibility for any content or materials that you upload, display or publish ("post" or "posting") on or through the Service or the Site, or share with or transmit with other users of the Site, this includes but is not limited to any messages, text, notes, information, photos, profile information of any kind, advertisements, listing, product information, music, video and other content (collectively "User Content"). You agree to comply with the Content Contributor Conduct Policy (as described below) and that you will not post, transmit, or share any User Content on the Site or Service that you do not have permission to post or that you did not create.
You understand and agree that although Chictini has no obligation to review the Site, Chictini may periodically review the Site in order to remove or delete (without notice to you) any Copyright Content, Trademark Content, User Content, content posted by You or any other type of content, that in its sole discretion, violates this Agreement, or which might threaten the safety or violate the rights of users or others, or which might be offensive, illegal or otherwise objectionable. It is your exclusive responsibility, at your sole cost and expense, to ensure that you have adequately backed up your User Content, and Chictini shall bear no responsibility for the safekeeping or loss of User Content posted on your profile or on the Site.
By posting User Content to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Chictini, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by Chictini will not infringe or violate the rights of any third party. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that Chictini may retain archived copies of your User Content. You also understand and agree that even if you remove User Content from the Site, such content may remain visible since caching or references to the User Content may not be made immediately unavailable. Chictini does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
14. Content Contributor Conduct Policy
The following is a partial list of conduct policies for users posting User Content which addresses the kind of content that is illegal or prohibited on the Site. Chictini reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Site and/or Service and terminating the membership of such violators. By making User Content available, you represent and warrant that:
you have fully complied with any third-party licenses relating to the User Content, and have done all things necessary to successfully pass through to end users any required terms;
you have, in the case of User Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Chictini or otherwise;
15. Responsibility of Site Visitors
Chictini has no obligation to review any content or material, including computer software, posted to the Site, and cannot therefore be responsible for such material or content. By operating the Site, Chictini does not represent or imply that it endorses any content or material posted there, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Chictini disclaims any responsibility for any harm resulting from the use by visitors of the Site, or from viewing or downloading by those visitors of content posted on the Site.
16. Third Party Sites and Content
The Site may contain (or you may receive from Chictini, third parties or users) links to other web sites ("Third Party Sites") or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, sound, video, information, software, applications and any other content ("Third Party Content") . You understand and agree that Chictini is not responsible for, and does not control, such Third Party Sites and Third Party Content. You also understand and agree that Chictini is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Sites and Third Party Content. You further acknowledge and agree that Chictini shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Site or Third Party Content.
17. Merchant User Accounts.
Chictini provides the user the ability to create online store to sell products online ("Chictini Store Account"). When signing up for a Chictini Store Account, you must abide by the Merchant User Agreement (http://www.chictini.com/merchantagreement).
18. Chictini Points
By creating a user profile and participating on the Site ("User Membership"), you may have the ability to earn certain points ("Chictini Points"). The Chictini Points service is owned and operated by Chictini and participation by you is subject to the terms of this Agreement.
Users may earn Chictini Points by uploading pictures for other users to vote on; voting on pictures uploaded by other users; and reviewing pictures and items uploaded by other users. Chictini is not obligated to provide users with any particular number of Chictini Points earning opportunities.
You agree not to abuse Chictini Points privileges by conduct which is detrimental to the interests of Chictini, including without limitation attempting to accrue Chictini Points in a manner inconsistent with the rules of this Site or intent of this Agreement, having multiple accounts, attempting to earn Chictini Points through other than legitimate channels, or otherwise tampering with Chictini Points or the Site.
Chictini reserves the right to terminate or disable, at Chictini's sole discretion, any Chictini Points accrued by you if Chictini believes that you have violated or acted inconsistently with the rules of the Site or intent of this Agreement. You understand and agree that disabling of your Chictini Points by Chictini will result in your inability to redeem and/or earn Chictini Points. You understand and agree that termination of User Membership will result in the cancellation of all of user's Chictini Points.
Chictini shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of Chictini Points) shall be final and binding.
You also understand and agree that:
19. Disclaimers; Limitation of Liability
Chictini is not responsible for any User Content, Third Party Sites, Third Party Content , or any other content posted on the Site, whether caused by users of the Site, Chictini, third parties or by any of the equipment or programming associated with or utilized in the Site. Chictini is not responsible for the conduct, whether online or offline, of any user of the Site or the Service. Chictini assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Chictini is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Web site or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Site or the Service. Under no circumstances will Chictini or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Service, any content posted on the Site or transmitted to users, or any interactions between users of the Site, whether online or offline.
THE INFORMATION FROM OR THROUGH THE SITE AND SERVICES IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION, SITE AND SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IN NO EVENT WILL CHICTINI OR ITS DIRECCTORS, EMPLOYEES OR AGENTS ("WE" or "OUR" or "US") HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, OR THE SITE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CHICTINI'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE AND USE OF THE SITE, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.
20. Indemnification
You agree to indemnify and hold harmless Chictini, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys' fees, arising out of or in connection with: (1) your use of the Site and/or Services, (2) any User Content, Third Party Content, Third Party Sites and any other content, (3) your violation of this Agreement, or of any law or the rights of any third party, and (4) any claim arising from the sale or license of goods or services in a Chictini store. Chictini, its suppliers and service providers' indemnity rights shall not be limited or offset by any contributory negligence by Chictini.
21. Information and Press Releases.
The Site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
22. Termination.
Chictini may terminate your membership or use of the Site and/or Services, delete your profile or any content or information that you have posted on the Site and/or Services and prohibit you from accessing the Site or the Services, for any reason, or no reason, at any time within its sole discretion, and with or without notice.
The termination of Chictini Store Accounts is subject to the Merchant User Accounts Policy (http://www.chictini.com/merchantagreement).
23. Jurisdiction and Choice of Law.
If there is any dispute arising out of the Site and/or the Service, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in New York County, for the resolution of any such dispute.
24. General Representation and Warranty
You represent and warrant that (i) your use of the Site will be in strict accordance with the Chictini Privacy Policy (provide link), with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of Chictini.com will not infringe or misappropriate the intellectual property rights of any third party.
25. Miscellaneous
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by arbitrators appointed in accordance with such rules. The arbitration shall take place in New York, New York in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Chictini may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
