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Chimera
Online,
Inc. Terms Of Use April 17, 2007 |
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1. INTRODUCTION: Welcome to Chimera-LA.com (Chimera Online, Inc.). The terms of use posted herein apply to all Chimera Online, Inc. sites including Chimera-LA.com in which these terms are posted. Chimera Online, Inc. and any and all entities that control, are controlled by, or are affiliated or under common control with Chimera Online, Inc., are collectively referred to herein as "we," "us" or "our". Please read the following terms of use carefully before using any Chimera Online, Inc. site. By using any Chimera Online, Inc. site, you signify your agreement of and to these terms of use. If the terms of use are not agreeable to you, you may not use the Chimera Online, Inc. sites. We reserve the right, at our sole discretion, to change, modify and/or delete portions of these terms of use at any time in accordance with the procedures as stated below in section 15, labeled "Amendment".
2. CONSIDERATIONS: By using Chimera Online, Inc. sites you acknowledge that these terms of use are supported by reasonable and valuable consideration in which the receipt and adequacy are herby acknowledged. Without limitation to the previous statements, you acknowledge that such consideration includes and without limitation, your use of any Chimera Online, Inc. sites and the receipt of data, information and materials available at or through the Chimera Online, Inc. sites, the possibility of our review, use and display of your submissions (as defined below in section 4, labeled "articles of Submissions"), and the possibility of promotion and publicity from our review, display and use of your submission.
3. material use restrictions: All information, materials and content found on any Chimera Online, Inc. site or contained within our sites are our copyrighted property and/or the copyrighted property of our licensors or licensees. All trademarks, trade names, service marks and trade dress are proprietary to us and/or our licensors and licensees and may not be used in any fashion without both parties explicit, written consent. For further information about our copyright policies please review our full copyright policy. The Chimera Online, Inc. Sites are only for your personal use and may not be used for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
4. ARTICLES OF submission: We appreciate hearing from our visitors and we welcome any comments regarding the products and services we offer. However, we have adopted a strict company policy that does not allow us to accept or consider any unsolicited creative ideas, suggestions or materials. Please understand that it is our intention to avoid any possibility of future misunderstandings if projects that are developed by us or by others under our direction appear to others to be similar to their own ideas or creative works. Please do not send us any unsolicited materials such as but not limited to creative ideas, stories, music, artwork, photographs, lyrics, poems, drawings and similar material which we determine to be "Unsolicited Submissions". If you intentionally or unintentionally send us any Unsolicited Submissions, or through any features and/or activities found on any Chimera Online, Inc. Sites (including and without limitation to games, contests, sweepstakes, promotions and Public Forums (as defined below in section 6, labeled "PUBLIC FORUMS BLOGS AND BULLETINS")), in which you send us Unsolicited Submissions, as describe above, as well as links to such materials, we (and our licensees, distributors, agents, representatives, and other authorized users) shall have full entitlement of unrestricted use of such materials and submissions for any and all purposes, including commercial or otherwise, without the requirement of any permission from and/or payment to you or any other person or entity. We shall have no obligation of confidentiality regarding any submissions and we shall not be held responsible or liable for any use or disclosure of any Submission. Without limitations to the previous statements, you hereby grant us (and our licensees, distributors, agents, representatives, and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use in any way we desire (including, without limitation, on Chimera Online, Inc. Sites, on third party web sites, and on products and services) for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the "Submissions License"). You agree to the previous statements and the granting of rights, consents, agreements and assignments whether or not any of your Submissions are used by us or our licensees, distributors, agents, representatives, and other authorized users. You hereby appoint
Chimera Online, Inc. as your agent which allows us to enter into and execute any document
and/or to take any actions we may consider appropriate to obtain the granting of
rights, agreements, consents, assignments and waivers as stated in these terms
of use. You agree that any Submissions you make are not being made in
confidence or trust and that no confidential or fiduciary relationship is
intended or created between you and us in any way. To the extent any "moral
rights," "ancillary rights," or similar rights in or to the Submissions exist
and are not exclusively owned by us, you agree not to enforce any such rights as
to us or our licensees, distributors, agents, representatives and other
authorized users, and you shall procure the same agreement not to enforce from
any others who may possess such rights. Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.
5. security & privacy of personal information: Though registration is not mandatory on this site as of yet, we highly suggest fill out the voluntary registration form for the purposes of continued communication and notification of changes with regard to our site and it use. By doing so, you agree to provide, maintain
and update true, accurate, current and complete information about yourself as
prompted by our registration processes (the "Registration Data"). If you
provide any information that does not satisfy this provision, or we have
reasonable grounds to suspect as much, we have the right to suspend or terminate
your account and refuse any and all current or future use of any Chimera Online,
Inc.
Site (or any portion thereof). For further information about our commitment to privacy and security, please review our full Privacy Policy.
6. PUBLIC FORUMS, bLOGS AND BULLETINS: "Public Forum" means any area, site or feature offered by any Chimera Online, Inc. Site that enables users or visitors of any Chimera Online, Inc. Site
When you are participating in any Public Forum, never assume that people are who they say
they are, know what they say they know, or are affiliated with whom they say
they are affiliated with. Any information you may get in a Public Forum may not be
reliable, and it is never a good idea to take any action, including to trade or
make any investment decisions, based solely or largely on information you cannot
confirm is true, accurate and/or reliable. We cannot be responsible for the
accuracy and reliability of any User-Generated Content
contained in a Public Forum, and we will not be responsible for any purchases, trading,
investment, or any other decisions made or actions taken or not taken based on
such information or content.
7. rules for use of Chimera Online, Inc. sites: The following is a list of Rules provided by Chimera Online, Inc. Sites. By using the Chimera Online, Inc. Sites, you agree that:
We cannot and do not assure that other users
are or will be complying with these House Rules or any other provisions
of these terms of use, and, as between you and us, you hereby assume all risk of
harm or injury resulting from any such lack of compliance.
8. our rights for the removal of content: We reserve the right, but disclaim any obligation or responsibility, to remove any User-Generated Content from any Chimera Online, Inc. Site (a) that violates these Terms of Use and (b) to comply with any subpoena and to cooperate with law enforcement officials regarding the identification of any user alleged to be using a Chimera Online, Inc. Site in violation of the law. If we deem appropriate in our sole discretion, we reserve the right to preserve a record of any such User-Generated Content and turn all or a portion thereof over to law enforcement officials.
9. links to third party sites Be aware that when
you are on a Chimera Online, Inc. Site, you could be directed to other sites that are
beyond our control. There are links to other sites from pages on Chimera Online,
Inc.
Sites that take you outside of our service. For example, if you click on a
banner advertisement or a search result, the click may take you off the Chimera
Online, Inc. Site. This includes links from advertisers, sponsors and content partners
that may use our logo(s) as part of a co-branding relationship. You acknowledge
that when you click on a link that leaves a Chimera Online, Inc. Site, the site you
will land on is not controlled by us and different terms of use and privacy
policy may apply. By clicking on links to other sites, you acknowledge that we
are not responsible for those sites. We reserve the right to disable links from
third-party sites to any Chimera Online, Inc. Site, although we are under no
obligation to do so.
10. Disclaimer:
THE INFORMATION,
CONTENT AND MATERIALS ON Chimera Online, Inc. SITES ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON ANY Chimera Online,
Inc.
SITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY Chimera
Online, Inc. SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR
OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO ANY Chimera
Online, Inc. SITE, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD
PARTY SITES OR SERVICES LINKED TO FROM ANY Chimera Online, Inc. SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
11. subscription based services:
12. statement of indemnification: You are entirely responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
13. statement of limited liability:
UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY
OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL
INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT
RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY Chimera Online, Inc. SITE OR
CONTENT, MATERIALS OR FUNCTIONS ON ANY SUCH SITE, OR (B) THE CONDUCT OR ACTIONS,
WHETHER ONLINE OR OFFLINE, OF ANY USER OF A Chimera Online, Inc. SITE OR ANY OTHER
PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES
AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100
(WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO
ANY Chimera Online, Inc. SITE.
14. jurisdictional and venue issues: You agree that any action at law or in equity arising out of or relating to these terms of use shall be filed, and that venue properly lies, only in state or federal courts located in the City of Los Angeles, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that information, content or materials on any Chimera Online, Inc. Site are appropriate or available for use in any particular location. Those who choose to access a Chimera Online, Inc. Site do so on their own initiative and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws.
15. amendment: We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of use at any time without notice, and it is your responsibility to review these terms of use for any changes. Your use of any Chimera Online, Inc. Site following any amendment of these terms of use will signify and constitute your assent to and acceptance of such revised terms of use.
16. rights of termination:
These terms of use are
effective until terminated by either you or us. You may terminate these terms of
use at any time by discontinuing use of all Chimera Online, Inc. Sites and destroying
all materials obtained from any and all such sites and all related documentation
and all copies and installations thereof, whether made under these terms of use
or otherwise. In the event that you terminate these terms of use, you agree to
notify us of such termination by sending notice of such termination by certified
United States mail, postage pre-paid to:
We may immediately terminate these terms of use with respect to you (including
your access to any and all Chimera Online, Inc. Sites) without cause and without
notice to you in our sole discretion. Upon termination, you must cease use of
all Chimera Online, Inc. Sites and destroy all materials obtained from such sites and
all copies thereof, whether made under these terms of use or otherwise.
17. general provisions: To be governed by the laws of the state of California...California These terms of use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY Chimera Online, Inc. SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
18. notice and procedure for making claims of copyright infringement:
Pursuant to Title 17,
United States Code, Section 512(c)(2), notifications of claimed copyright
infringement must be sent to Service Provider's Designated Agent.
Chimera Online, Inc.
We may give notice to our users by means of a general notice on any Chimera Online, Inc. Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
If you have any further questions regarding our Terms Of Use, please contact us Thank you, Director of Operations |
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