ChampEm.com Terms of Use Agreement

The Services offered by ChampEm.com ("ChampEm.com" or "we") include the ChampEm.com website (the "Website"), the ChampEm.com Communication Features, and any other features, content, or applications offered from time to time by ChampEm.com in connection with the Website (collectively, the "Services").

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you merely browse the Website), or a "Registered User" (which means that you have registered with ChampEm.com). The term "User" refers to either a Visitor or a Registered User. You are only authorized to use the Services if you agree to this Agreement and abide by all applicable laws. If you do not agree with this agreement, you should leave the Website and discontinue use of the Services immediately.

1. Access to Activities. ChampEm.com is a free service provided by SVI, LLC. through ChampEm.com. You agree to use these services at all times in a manner consistent with the terms and conditions set out in the policies and guidelines outlined below and with all applicable laws and regulations.

When creating an account to use the Services, you may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates this Terms of Use Agreement. By accepting this Agreement you agree not to provide false information during the registration process. You must be at least 14 years of age to use the Services. You (and your accompanying parent, if you are between the age of 14 and 18) are solely responsible for all activity on your account and for the security of your computer system.

This Agreement shall remain in full force and effect while you use the Services.

2. Improper Behavior. Offensive or inappropriate behavior, violation of copyrights, illegal activity or use of indecent language may cause ChampEm.com, at its sole discretion, to suspend or deny access to the Services by User.

If you violate this Agreement, we may issue you a warning about the violation, or we may choose to immediately terminate any and all accounts that you have established. By accepting this Agreement you acknowledge that ChampEm.com is not required to provide you notice before terminating your account, but it may choose to do so.

The following list of activities is an example of, but is not a limitation, activities deemed to be improper or illegal by ChampEm.com. Users of ChampEm.com promise as a condition of use of the Service, agree not to engage in the following activities:

  1. to abuse, harass, threaten, impersonate or intimidate other ChampEm.com users;
  2. to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
  3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
  4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any ChampEm.com user;
  5. to create or submit unwanted email ("Spam") to any other ChampEm.com users or any URL;
  6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
  7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
  8. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
  9. with the intention of artificially inflating or altering the 'ChampEm.com count', blog count, comments, or any other ChampEm.com service, including by way of creating separate user accounts for the purpose of artificially altering ChampEm.com's services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of ChampEm.com's services;
  10. to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
  11. attempt to impersonate another user or person;

3. Copyright & Property Rights. Users may not redistribute, retransmit, or publicly redisplay content created here on ChampEm.com or content created by other users without express written consent of the owner of the content. If the user fails to abide by all copyright and other property notices or restrictions contained in ChampEm.com, we reserve the right to terminate your account and remove all content pertaining to said account. ChampEm.com owns and retains all rights in the ChampEm.com Content and the Services.

4. Changes. ChampEm.com reserves the right and may modify this Agreement at any time and such modification shall be effective once the new Agreement is posted by ChampEm.com on the Website. By using this site, you agree to be bound to any changes to this Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not wish such changes to apply automatically, then you must review this Agreement each time before entry, and refrain from entering if you see new or different terms that you do not accept.

Content Posted by Users

ChampEm.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Services. After posting your Content to the Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Services, you hereby grant to ChampEm.com a limited non-exclusive license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Services.

You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.

5. Posted Materials. ChampEm.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

6. Indemnity. User agrees to defend, indemnify and hold ChampEm.com, its subsidiaries, and affiliates, and their respective directors, officers, shareholders, agents, affiliates, licensors, partners and employees, harmless from any expenses, costs, judgments, damages, loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement, any harmful or illegal activities by User in connection with ChampEm.com, and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Website or through the Services causes ChampEm.com to be liable to another.

7. Warranty Disclaimer. User agrees that use of the Services is entirely at User's own risk. This service and content is available and provided "As Is" without warranty of any kind, either express or implied, including without limitation any warranty for accuracy of information, services, uninterrupted access, or products provided through or in connection with the service. ChampEm.com does not make any warranties of title or warranties of merchantability or fitness for a particular purpose.

ChampEm.com is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Services provided, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Subscribers on ChampEm.com may contain links to other websites. ChampEm.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by ChampEm.com. Inclusion of any linked website on ChampEm.com does not imply approval or endorsement of the linked website by ChampEm.com. When you access these third-party sites, you do so at your own risk. ChampEm.com takes no responsibility for third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. ChampEm.com is not responsible for the conduct, whether online or offline, of any User of the Services. ChampEm.com 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, any User or Subscriber communication. ChampEm.com 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 any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall ChampEm.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a ChampEm.com event, from any content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and ChampEm.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ChampEm.com cannot guarantee and does not promise any specific results from use of the Services.

Users who encounter questionable materials or non-functioning locations or features, are encouraged to contact ChampEm.com's.

thepeople@ChampEm.com

8. Limited Liability. User acknowledges that regular ChampEm.com features are available as a free service, and there is no special legal or business relationship between User and ChampEm.com. Accordingly, the ChampEm.com Associates are not and shall not be liable for any damages, losses or injury caused by any failure of performance, error, omission, interruption, deletion, defect, transmission or operational delays, inability to gain access to or use of the Services, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause or claim in law or equity. User hereby acknowledges that the provisions of this section shall apply to all content on the Services.

IN NO EVENT SHALL CHAMPEM.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF CHAMPEM.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CHAMPEM.COM'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 CHAMPEM.COM FOR THE SERVICES DURING THE TERM OF SUBSCRIPTION.

9. Other Users. User specifically acknowledges that the creators of ChampEm.com are not liable for the offensive, harmful or illegal conduct of other users of ChampEm.com or other third-parties, and that the risk of injury from the foregoing rests entirely with you the user.

10. Law and Jurisdiction. This Agreement and any dispute relating to this Agreement shall be governed by the laws of the United States and the laws of the State of Arkansas, without regard to U.S. or Oregon choice of law rules. User and ChampEm.com agree and consent that jurisdiction, proper venue and the most convenient forms for all claims, actions and proceedings of any kind relating to ChampEm.com or the matters in this Agreement shall be exclusively in courts located in Fayetteville, Arkansas. If a court with the necessary subject matter jurisdiction over a given matter cannot be found in Fayetteville, then jurisdiction for that matter shall be exclusively in a court with the proper jurisdiction as close to Fayetteville as possible, and within Arkansas if possible.

11. Severability. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then User and ChampEm.com agree that the remainder of the Agreement shall be fully enforceable as if the unenforceable part or provision never existed.

12. Third Party Beneficiaries. User and ChampEm.com agree that there are no third party beneficiaries of any promises, obligations or representations made by ChampEm.com. Those referred to as the "ChampEm.com Associates" are third party beneficiaries under this Agreement in accord with the provisions where they are referenced.

13. General. This Agreement is accepted upon your use of the Website or any of the Services. The section titles in this Agreement are for convenience only and have no legal or contractual effect. ChampEm.com is a registered trademark of ChampEm.com This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

If you have any questions regarding this Agreement, please contact us at: thepeople@ChampEm.com.

ChampEm™ and the ChampEm.com website are trademarks of SVI, LLC.