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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:
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 UsersChampEm.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. |