Chimera Online, Inc.
Terms Of Use
April 17, 2007
 
 

 

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.

The terms of the Submissions License shall govern our right to use all Submissions.  If differing terms appear on
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")), those terms shall supersede the terms dictated by the Submissions License.  Otherwise, all provisions of these terms of use other than the Submissions License shall continue to apply to such Chimera Online, Inc. Site feature or activity (unless otherwise stated in the terms and conditions applicable to the particular Chimera Online, Inc. Site feature or activity).

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).

You also agree (a) to promptly notify us at www.Support@Chimera-La.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Chimera Online, Inc. Site. In addition, you agree to exit from your account at the end of each session.
If you feel that the security of your private and personal information has been compromised through one of our third party affiliates such as but not limited to  ProStores and/or PayPal, it is your responsibility to notify them directly and immediately of the security breach to obtain further instruction.

We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.

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

  1. to submit, post, display and/or view User-Generated Content and/or
     

  2. to communicate, share or exchange User-Generated Content with other Chimera Online, Inc. Site users, visitors and members of the general public including, without limitation, a chat area, message board, instant messaging, social community environment, profile page, conversation page and e-mail functions.



You acknowledge that anything you submit to a Chimera Online, Inc. Site by way of any Public Forum may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public.  You shall have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered on any Chimera Online, Inc. sites are for public and not private communications. Be advised that whenever you give out personal information online, through any media, including without limitation, a Public Forum, Blog or Bulletin, that information can be collected and used by anyone. We cannot guarantee the security of any information you disclose through any of these public forum features; you use these features at your own risk.

You are solely responsible for the User-Generated Content submitted and/or posted under your username. If others obtain your user information, you shall be held responsible for any User Generated Content posted all the same. You acknowledge that the use of User-Generated Content posted in any Public Forum is at your own risk. For example, we will not be responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability with regard to any representations made by nor endorse, the opinions, advice or recommendations posted by any users of our Public Forums.

We reserve the right to screen, refuse to post, remove or edit User-Generated Content at any time and for any or no reason, at our sole discretion and without prior notice, although we have no duty to do so or to monitor any Public Forum. If we choose to screen User-Generated Content, there may be some delays in the posting of such content in a Public Forum to allow for a review process. If we have any questions about the User-Generated Content you post, including but without limitation to the copyright, we may contact you for further information including, for example, to verify that you own the copyright or have obtained permission to post the material.

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.

Your ability to access, browse, submit and/or post User-Generated Content within our Public Forums may be subject to certain age restrictions and/or related procedures that we may revise in our sole discretion at any time and for any reason. Any such restrictions and procedures will be posted within the Public Forum.

 

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:

  1. You will not submit, post, upload or distribute any User-Generated Content that:

    (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person;
    (b) is bigoted, hateful, or racially or otherwise offensive;
    (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit;
    (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
    (e) infringes or violates any right of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation; or
    (f) does not comply with all terms and conditions applicable to the Submissions License (set forth above in section 4 labeled "ARTICLES OF SUBMISSIONS");

  2. You own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to use, and to authorize us to use, distribute or otherwise exploit in all manners permitted by these terms of use (including, without limitation, the Submissions License), all copyrights, trademarks, patents, trade secrets, privacy and publicity rights (including, without limitation, names, likenesses and voices) and/or other proprietary rights contained in any User-Generated Content that you submit, post, upload, distribute or otherwise make available or transmit. As stated above with respect to the Submissions License (set forth above in section 4 labeled "ARTICLES OF SUBMISSIONS"), to the extent that any Submissions submitted and/or posted by you contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) contained in such Submissions are available for licensing to us directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you hereby grant us a perpetual, non-exclusive and irrevocable license to publicly perform each and every musical composition (including lyrics) contained in such Submissions;

  3. You will not submit, post, upload, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage Chimera Online, Inc. Sites or any connected network, or otherwise interfere with any person or entity's use or enjoyment of Chimera Online, Inc. Sites;

  4. You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph;

  5. You will not engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;

  6. You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;

  7. You will not submit, post, upload, distribute or otherwise make available or transmit any User-Generated Content or make statements in any Public Forum that do not generally pertain to the designated topic or theme of the Public Forum;

  8. You will not submit, post, upload, distribute or otherwise make available or transmit (or attempt to submit, post, upload, distribute or otherwise attempt to make available or transmit) any User-Generated Content in violation of a Public Forum's restrictions including, but not limited to, its age restrictions, procedures and/or these terms of use; and

  9. You will not engage in (or attempt to engage in) any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity.

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.

To the extent that any feature on a Chimera Online, Inc. Site requires you to submit your e-mail address or mobile phone number in order to send a card, e-mail or message, you must, and you hereby agree to, furnish your actual e-mail address or actual mobile phone number, as applicable. Any business use, "re-mailing," or other high-volume application is strictly prohibited. You are not permitted to send cards, e-mails or messages using an automated program. Electronic greeting cards, e-mails and mobile messages may not contain copyrighted material (without the consent of the copyright holder) or encourage illegal activity. We reserve the right not to deliver electronic greeting cards, e-mails and mobile messages that violate these guidelines.

WE MAY CHANGE Chimera Online, Inc. SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY OR NO REASON.

 

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.

We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to a Chimera Online, Inc. Site.

 

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.

We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from any Chimera Online, Inc. Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Chimera Online, Inc. Site or third-party information, content or materials contained on our sites (including, without limitation, User-Generated Content contained in Public Forums). We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party site. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against us with respect to information, content and materials contained on our sites (including, without limitation, User-Generated Content), on third party sites, and any information, content and materials you provide to such third party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

 

11. subscription based services:

Chimera Online, Inc. Sites may offer subscription-based services at a future date.  At such time you will be able to refer to the Member Service Agreement for the applicable subscription-based service for specific terms and conditions applicable thereto.

 

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.

MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE, OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE Chimera Online, Inc. SITES AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE Chimera Online, Inc. SITES IN AN ACCURATE OR TIMELY MANNER.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR THE EXCLUSION, LIMITATION, OR DISCLAIMER LIABILITY FOR THE CERTAIN PROVISIONS SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

 

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:

Member Services
Chimera Online, Inc.
P.O. Box 188
San Dimas, CA 91773

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.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.

The provisions of these terms of use, which by their nature should survive the termination of these terms of use, shall so survive such termination.

 

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.

Notification must be submitted to the following Designated Agent:
Service Provider: Chimera Online, Inc.

Name of Agent Designated to Receive Notification of Claimed Infringement: McDuff

Full Address of Designated Agent to Which Notification Should be Sent:

Chimera Online, Inc.
P.O. Box 188
San Dimas, CA 91773


Telephone Number of Designated Agent: (626) 287-0743

Facsimile Number of Designated Agent: (626) 287-0744

E-Mail Address of Designated Agent: McDuff@Chimera-la.com

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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:

  1. Your physical or electronic signature;

  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Chimera Online, Inc. may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

If you have any further questions regarding our Terms Of Use, please contact us

Thank you,

Director of Operations
Chimera Online, Inc.