AUTHORIZATION TO USE SERVICE
INTENDED AUDIENCE AND USE
REGISTRATION, USERNAME, AND PASSWORDS
You are responsible for maintaining the confidentiality of the username, email address and password, and you are responsible for all activities that occur under your username, email address and password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your email address and password.
All information provided in creating an account must be truthful and accurate, and you represent and warrant that you have all rights necessary to provide such information, including any information in respect of any device you use to access the Service. CTF may, for any reason in its sole discretion, terminate or suspend your account. By registering on the Service, you agree to provide accurate and current information about yourself as prompted by the registration pages and to maintain and promptly update your online profile information to keep it accurate and current.
Persons under 18 years of age are not authorized to use the Service, whether or not registered. CTF reserves the right to deny access to the Service to you or any other visitor at any time without notice for any reason.
ADVERTISEMENTS AND OTHER COMMERCIAL CONTENT
CTF may deliver advertising and other commercial or sponsored content that is valuable to CTF's users and advertisers. In order to help CTF do that, you agree to the following: you give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content served or enhanced by CTF. This means, for example, that you permit a business or other entity to pay CTF to display your name and/or profile picture with your User Materials information, without any compensation to you.
You understand that CTF may not always identify paid services and communications as such.
Notwithstanding the foregoing, CTF does not claim any ownership rights in the User Materials you submit, post, or display on or through the Service. To the contrary, after submitting, posting, or displaying User Materials on or through the Service, you continue to retain all ownership rights in such User Materials, and you continue to have the right to use your User Materials in any way you desire. The license you grant CTF above will continue after your account/profile is terminated and/or deleted (whether by you, CTF or otherwise), except that, as to other users of the Service, such User Materials will continue to be visible and will be associated with an "anonymous" profile—your name and profile will no longer be associated with such User Materials. CTF cannot guarantee, and will not be responsible or liable for any of your User Materials that is transmitted to or re-posted by other users.
PROHIBITED USER MATERIALS
You may not post, send, submit, publish, or transmit in connection with the Service anything that:
- is unlawful or promotes or encourages illegal activity or abusive conduct;
- violates the property, privacy and publicity rights of others;
- is patently offensive or otherwise grossly objectionable, such as content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- is threatening, obscene, defamatory, vulgar, malicious, or libelous;
- solicits personal information from anyone under the age of 18;
- includes material that exploits people under the age of 18 in a sexual or violent manner;
- displays pornographic or sexually explicit material of any kind or contains a link to an adult website containing any such material;
- involves the transmission of "junk mail," "chain letters," "spam," or any other unsolicited mass mailing, emailing, or other communication;
- is false or misleading;
- violates CTF's or a third party's intellectual property or proprietary rights;
- includes information that circumvents any copy-protection devices;
- includes pirated materials (music, video, photographs, etc.) or links to such pirated files;
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
- solicits passwords or personally identifiable information;
- includes a photograph of another person that you have posted without that person's consent;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- involves commercial activities or constitutes or includes any unauthorized promotion, sales, or other commercial activity such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- disobeys any policy or regulations established from time to time regarding use of the Service or any websites or any networks connected to the Service; or
- contains links to other sites that contain content that falls within the descriptions set forth above.
Even though all of the above User Materials are strictly prohibited, it is possible you will still be exposed to such items while using the Service before CTF is able to address such prohibited User Materials. If so, neither CTF nor any of its officers, managers, directors, employees, members, licensors, advertisers, or corporate partners will in any way be responsible for any damages (to or from any party) caused or related to any such exposure as you understand that by accessing and using the Service you may be exposed to such prohibited User Materials and other content from a variety of sources that may be inaccurate, offensive, indecent, objectionable, and otherwise not in conformance with the above rules. You hereby waive any and all legal or equitable rights or remedies you have or may have against CTF with respect thereto.
REMOVAL OF USER MATERIALS
USERS RESPONSIBLE FOR ALL POSTINGS TO SERVICE
You are solely responsible for all interactions you have with other users on the Service. You are solely responsible for all User Materials posted, uploaded, or transmitted on or through the Service, and any User Materials you transmit to other users. CTF does not endorse any User Materials. CTF has no control over what information, materials or content is included in the User Materials. No User Materials are reviewed by CTF prior to posting and therefore do not necessarily reflect the opinions or policies of CTF. Under no circumstances does CTF have any obligation to check the accuracy or truthfulness of any User Materials, or to monitor any user's use of the Service. You acknowledge and agree that neither CTF nor any third party that provides content to CTF will assume or have any liability for any action or inaction by CTF or any third party with respect to any User Materials.
You are solely responsible and liable for your acts or omissions made on or through the use of the Service. Your authorization to use and CTF's provision of the Service is conditioned upon your proper use of the Service. Therefore, you agree that you shall NOT engage in any activity that CTF in its sole discretion deems inappropriate or unacceptable, including but not limited to the following:
- upload, post, or otherwise transmit any User Materials that you do not have a right to transmit;
- harm minors in any way;
- "stalk" or otherwise harass another;
- use other users' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other users;
- impersonate another person or entity or create a false or misleading account, profile or identity;
- falsely state or otherwise misrepresent your affiliation with any person or entity;
- create an account, profile or identity using false personal information or that impersonates any person or entity; or otherwise holding yourself out to be another person or entity;
- create more than one personal account;
- use the Service if you are under 18;
- use the account, username, or password of another user at any time;
- transmit, email, post, or upload any User Materials that contains in any form software viruses or such programs as including, but not limited to, Trojan horses, worms, time bombs, cancelbots, computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- transmit, email, post, or upload any User Materials that contains software designed to monitor or persistently reside in or on any computer software or hardware or telecommunications equipment;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service;
- attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service, through password mining or any other means;
- harvest or collect email addresses or other contact information of users, including usernames, from the Service by electronic or other means;
- modify, adapt, translate, or reverse-engineer any portion of the Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Service;
- reformat or frame any portion of the web pages that are part of the Service; cover or obscure banner advertisements on your profile page or any page on the Service;
- remove any copyright, trademark, or other proprietary rights notices contained in or on the Service;
- disseminate any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation;
- use the Service as a forwarding service to another web site;
- sell or otherwise transfer your profile;
- make any automated use of the Service, such as using scripts to add friends or send comments or messages;
- display an advertisement on your profile, or accept payment or anything of value from a third party in exchange for your performing any commercial activity on or through the Service on behalf of that third party, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose;
- Send more request messages to servers of the Service in a given period of time than a single human can reasonably manually produce in the same period by using a conventional online web browser sending one message at a time.
REMOVAL FOR IMPROPER CONDUCT
COMMUNICATIONS WITH CTF
CTF welcomes your feedback. CTF encourages communication between the CTF community and is open to suggestions made by users. By submitting unsolicited suggestions, you agree that CTF may (but shall have no obligation to) use, modify, distribute, copy, and otherwise exploit such suggestions in any manner, as CTF sees fit, without restriction or limitation of any kind, and you grant to CTF a paid-in-full, perpetual, irrevocable, royalty-free license to do so and to allow others to do so, and agree not to permit or prosecute any action or lawsuit on the ground that CTF's use or alleged use of a suggestion infringes any of your rights.
CTF INTELLECTUAL PROPERTY RIGHTS
All right, title, and interest in the intellectual property and proprietary rights in the Service and all of the CTF-generated content (e.g., text, audio, audiovisual, graphics, software, photographs, page layout, and design) available on or through the Service as well as all technical data and software used with the Service (software, scripts, and all other data) (the "CTF Content") are owned, licensed, or used with permission by CTF. CTF's Content is protected by copyright, trademark, patent, trade secret, and other laws, and CTF owns, or has a license to, and retains all rights in the CTF Content and the Service. CTF hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the CTF Content (excluding any software code) solely for your personal use in connection with using the Service. Except as otherwise provided above, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any CTF Content appearing on or through the Service. Use of CTF Content anywhere other than on or through the Service for any reason is prohibited. All features of and content on or through the Service is presumed to be proprietary and copyrighted, unless otherwise designated. Except for the User Materials you submit and own, you have no proprietary rights whatsoever in the Service or its features. You agree that you will not alter, obscure, or otherwise remove any existing copyright, trademark, or proprietary rights, notices, or labels at any time. The parties acknowledge that a breach of CTF's intellectual property or proprietary rights will result in substantial injury that is difficult, if not impossible, to ascertain and compensate in monetary damages. Therefore, in addition to any other rights or remedies that CTF may have in the event of a breach of its intellectual property or proprietary rights, CTF shall be entitled to seek injunctive relief in a court of competent jurisdiction.
THIRD PARTY CONTENT
The Service may contain links to other sites that are not maintained by, or related to, CTF. Links to such sites are provided as a service to you and are not sponsored by or affiliated with the Service or CTF. CTF has not reviewed any or all of such sites and is not responsible for the content of those sites. Links are to be accessed at your own risk, and CTF makes no representations or warranties about the content, completeness, or accuracy of these links or the sites linked to the Service. Further, the inclusion of any link to a third party site does not necessarily imply endorsement by CTF of that site.
DIGITAL MILLENNIUM COPYRIGHT ACT
CTF takes intellectual property rights very seriously and demands the same from its users. If you are a copyright owner and have a good faith belief that any material posted on or through the Service infringes on your copyrights, you may send CTF's designated Copyright Agent a written notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512, "DMCA"). The notice of infringement must contain the information specified below in the following format:
- Identify in sufficient detail the copyrighted work claimed to have been infringed; if multiple copyrighted works are covered by a single notice of infringement letter, provide a representative list of such works;
- Identify in sufficient detail the material that is claimed to be infringing and information reasonably sufficient to permit CTF to locate the material on the Service (e.g., the URL);
- Provide information reasonably sufficient to permit CTF to contact you (e.g., a street address, telephone number, and email address);
- Provide a statement that you have a good faith belief that the use of the copyrighted material in the manner described in the notice letter is not authorized by the copyright owner, its agent, or the law;
- Provide a statement, made under penalty of perjury, that the information provided in the notice letter is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- Provide the physical or electronic signature of the copyright owner or someone authorized to act on the owner's behalf.
The notice of infringement letter must be submitted to CTF's Designated Copyright Agent by mail, fax, or email as set forth below.
Chew the Fat
Attn: Designated Copyright Agent
600 W Van Buren Ste 730, Chicago IL 60607
Be advised that failure to comply with all of the above requirements may invalidate your Notice of Infringement under the DMCA.
CTF's response to a proper Notice of Infringement will be to remove or disable access to the User Materials claimed to be infringing and notify the alleged infringer of your claim so he or she can submit a Counter Notice to CTF.
If User Materials you posted on or through the Service were removed or access was blocked and you have a good faith belief that it is not infringing on any copyrighted material, you may send CTF a written, Counter Notice pursuant to Section 512 of the DMCA. The Counter Notice must contain the information specified below in the following format:
- Identify in sufficient detail the material that CTF has removed or to which CTF has disabled access and the location of the material (e.g., the URL) before it was removed/disabled;
- Provide your name, address, telephone number, and email address;
- A statement that you consent to the jurisdiction of the federal district court in which your address is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringing activity;
- Provide a statement, made under penalty of perjury, that you have a good faith belief that the material was removed/disabled as a mistake or misidentification of the material; and
- Provide your physical or electronic signature.
The Counter Notice must be submitted to CTF's Designated Copyright Agent by mail, fax, or email as set forth below.
Chew the Fat
Attn: Designated Copyright Agent
600 W Van Buren Ste 730, Chicago IL 60607
Be advised that failure to comply with all of the above requirements may invalidate your Counter Notice under the DMCA.
If the Copyright Agent receives your valid Counter Notice, CTF may restore your removed User Materials or cease disabling it within 10-14 business days, unless CTF receives notice from the alleged copyright owner (who filed the initial Notice of Infringement) that said party has filed a court action seeking to stop your alleged infringement.
The brand name "Chew the Fat" and the CTF logos are trademarks of CTF in the United States and in various jurisdictions where CTF operates around the world. The absence of a name or logo in this list does not constitute a waiver of any and all intellectual property rights that CTF has established in any of its products, features, names or logos.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS, OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE SERVICE), AND PRODUCTS INCLUDED THEREIN ARE PROVIDED "AS IS," "WITH ALL FAULTS," "AS AVAILABLE," WITH NO WARRANTIES WHATSOEVER AND THEREFORE CTF EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.
CTF DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OF INFORMATION, CONTENT, OR MATERIALS ON THE SERVICE, THE FUNCTIONALITY OF THE SERVICE, OR THE AVAILABILITY OF THE SERVICE. CTF CANNOT AND DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULT FROM USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CTF, OR FROM OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU HAVE NO RIGHT TO RELY ON ANY INFORMATION CONTAINED HEREIN AS ACCURATE. CTF MAKES NO SUCH WARRANTY. CTF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF THE USE OF THE INFORMATION MATERIALS, SOFTWARE, FACILITIES, SERVICE, OR OTHER CONTENT ON THE SERVICE OR ANY SITES LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. CTF DOES NOT WARRANT THAT THE FUNCTIONS AND FEATURES MADE AVAILABLE THROUGH THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CTF EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITIES AND LIABILITY FOR THE CONDUCT OF ANY OTHER USER, AND EXPRESSLY DISCLAIMS THAT USER MATERIALS INPUTTED BY OTHER USERS ARE EITHER CORRECT OR ACCURATE. CTF IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR OTHER USERS OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL CTF BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SERVICE, ANY USER MATERIALS POSTED ON OR THROUGH THE SERVICE OR TRANSMITTED TO USERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG USERS OR OTHER USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE. CTF TAKES NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS THAT ARE POSTED THROUGH THE SERVICE, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICE PROVIDED BY ITS ADVERTISERS.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION ON LIABILITY
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. CTF IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK, SYSTEM, SERVER OR PROVIDER, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF. CTF IS NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY DEVICES BELONGING TO ANY USER OR ANY OTHER PERSON RELATED TO OR RESULTING FROM USE OF THE SERVICE, VIEWING, PLAYING, OR DOWNLOADING ANY USER MATERIALS ON OR FROM THE SERVICE, OR OTHERWISE IN ANY WAY IN CONNECTION WITH THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, UNDER NO CIRCUMSTANCES SHALL CTF BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING TWENTY-FIVE DOLLARS ($25.00) OR THE MINIMUM AMOUNT ALLOWED BY LAW IN THE APPLICABLE JURISDICTION.
RELEASE OF CLAIMS
You agree to release CTF, its affiliates, and third-party service providers, and each associated director, manager, member, employee, agent, and officer, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of the Service.
While CTF reserves the right, but has no obligation, to monitor or moderate disputes between you and other users, you are solely responsible for your interactions with other users.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and CTF or between CTF and any other user of the Service.
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts, and applicable licenses regarding your use of the Service. CTF makes no representation that User Materials posted on or through the Service are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Service from such foreign locations, you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of User Materials exported to or from the United States or the country from which you reside.
If you cause a technical disruption of the Service or any aspect of its functionality you agree to be responsible for any and all loss, cost, liability or expense we may suffer and you will be liable for any attorneys' fees and costs; the same shall be without limitation of our other venders in law or equity.
SPECIAL NOTICE FOR INTERNATIONAL USE; EXPORT CONTROLS
Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Using the Service is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
If you are outside of the United States: (i) you consent to having your personal data transferred to and processed in the United States; and (ii) if you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on the Service (such as advertising or payments). You will not use the Service if you are prohibited from receiving products, services, or software originating from the United States.
GOVERNING LAW & DISPUTES
NO CLASS ACTIONS
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
While it is our goal is to meet all of our obligations to you, we may be unable or delayed by reason of matters or occurrences beyond our control, such as, but not limited to, acts of God, acts by you, or of civil commotion, delays in transportation, material shortages, strikes or other labor disturbances, fire, flood, accident, riot, terrorism, war, government intervention, embargoes, or equipment failures. We shall not be liable for any such failure or delay as a result of any such matter or occurrence wholly or partially beyond our control. Quantities are subject to availability. In the event of shortage, we may allocate sales and deliveries in our sole discretion.
ENTIRE AGREEMENT; AMENDMENTS
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
QUESTIONS AND COMMENTS