This Terms of Services Agreement ("Agreement") governs the
use of the Cyber Chef Canada Online Service ("Service") produced by Change Impetus Group. d/b/a Cyber Chef Canada ("Service Provider"), including
participation in the Service's chat and bulletin-board or forum facilities
("Discussion Areas"). You can access this Agreement at any time from the bottom
of any page of the Service.
Please read this Agreement carefully. Since
the Service is designed to provide a forum for the robust and free-flowing
exchange of information, opinions and comments — and an enjoyable and
informative experience for all — its users must abide by certain rules. Your use
of the Service will constitute your agreement to comply with these
rules.
If you do not agree with the rules contained in this Agreement,
please do not use the Service.
The following rules may be modified by
Service Provider from time to time. Notice of revisions to this Agreement will be
announced on this page. Continued use of the Service by you will constitute your
acceptance of any changes or revisions to the Agreement, so it's wise to check
this page regularly.
Your failure to follow the Service's rules, whether
listed below or in supplemental notices posted at various points in the Service,
may result in termination of your access to the Service, without notice, in
addition to Service Provider's other remedies.
1. Comments by Users Are Not Endorsed by Service
Provider
Service Provider does not necessarily endorse, support,
sanction, encourage, verify or agree with the comments, opinions or statements
posted by users in Ratings or Discussion Areas or elsewhere in the Service. Any
information or material placed online by users, including advice and opinions,
is the view and responsibility of those users and does not necessarily represent
the view of Service Provider.
2. Use of the Service by You
Your right to use the Service is personal to you: You may not
authorize others to use the Service, and you are responsible for all of your own
use of the Service.
You agree that the Service shall be used for lawful purposes only
and that you will not use any obscene, indecent or offensive language, or place
on the Service any material that infringes in any way on the rights of others or
is false, defamatory, abusive, harassing or hateful. Further, you may not place
on the Service any material that is encrypted, constitutes junk mail or
unauthorized advertising, invades anyone's privacy, encourages conduct that
would constitute a criminal offense or give rise to civil liability, or that
otherwise violates any local, state, national or international law or
regulation. You agree and acknowledge that your failure to follow the rules set
forth in this Agreement may subject you to civil and criminal liability.
Other than connecting to Service Provider's servers by HTTP
requests using a Web browser, you may not attempt to gain access to Service
Provider's servers by any means — including, without limitation, by using
administrator passwords or by masquerading as an administrator while using the
Service or otherwise.
You agree that you shall
not upload, post, or otherwise make available to the Service any material
protected by copyright, trademark, or other proprietary right without the
express permission of the owner of the copyright, trademark or other proprietary
right. You agree that the burden of
determining that any material is not protected by copyright, trademark or other
proprietary right rests with you. You
agree and acknowledge that you shall be solely liable for any damages resulting
from any infringement of copyrights, trademarks, or proprietary rights, or any
other harm resulting from any uploading, posting or submission.
The Service contains
copyrighted material, trademarks, and other proprietary information including,
but not limited to, text, software, photos, video, graphics, music and sound,
and the entire content of the Service is copyrighted as a collective work under
the United States copyright laws. The
Service Provider owns a copyright of the selection, coordination, arrangement
and enhancement of such content, as well as in the content original to it. Each third-party content provider owns the
copyright in the content original to it. You are prohibited from, and agree not to, modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in any way
exploit, any of the content of the Service, in whole or in part. Except as otherwise expressly permitted under
copyright law, no copying, redistribution, publication, or commercial
exploitation of downloaded material from the Service will be permitted without
the express, written consent of the Service Provider and any other applicable
copyright owners. In the event of any
permitted copying, redistribution or publication of copyrighted material, no
changes in or deletions of author attribution, trademark, legend or copyright
notice shall be made. You hereby agree
and acknowledge that you do not acquire any ownership rights by downloading
copyrighted material.
You hereby grant to the Service Provider a royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
perform and display any message or recipe posted in the Service, in whole or in
part, worldwide and to incorporate it in other works in any form, media or
technology now known or later developed.
You agree upon registration with the Service to provide the
Service with accurate and complete name and e-mail address information, and to
promptly update this information from time to time as needed.
Postings to the Discussion Areas or other parts of this Web Site
are not private. All other information
and material you supply or communicate to the Service is governed by the
Service's Privacy
Policy, which is accessible at any time from the bottom of any page on the
Service.
You agree not to disrupt, modify or interfere with the Service or
its associated software, hardware and servers in any way, and you agree not to
impede or interfere with others' use of the Service. You further agree not to
alter or tamper with any information or materials on, or associated with, the
Service.
You acknowledge that the Service Provider has not reviewed and
does not endorse the content of all sites linked to from this Service and is not
responsible for the content or actions of any other sites linked to from this
Service. Linking to any other service or site from this Service is at your sole
risk.
3. Copyright Complaints
Cyber Chef Canada.com respects the
intellectual property of others, and we require our users to do the same.
Cyber Chef Canada.com may, in appropriate circumstances and at its discretion, terminate
the access of users, subscribers, and account holders who infringe the copyright
rights of others.
If you believe that your work has
been copied and is accessible on the Cyber Chef Canada.com service in a way that
constitutes copyright infringement, or that Cyber Chef Canada.com contains links or
other references to another online location that contains material or activity
that infringes your copyright rights, you may notify Cyber Chef Canada.com by providing
Cyber Chef Canada.com's copyright agent the information required by the Online Copyright
Infringement Liability Limitation Act of the Digital Millennium Copyright Act,
17 U.S.C. § 512.
Any claims of copyright
infringement on or regarding this Web Site should be sent to Cyber Chef Canada.com’s
designated agent to receive notification of claimed infringement:
E-mail: copyright@changeimpetus.com
4. Materials Provided by Others
You agree that the Service Provider is not responsible, and shall
have no liability to you, with respect to any information or materials posted by
others, including but not limited to, infringing, defamatory, offensive or
illicit material.
5. Indemnification
You agree to indemnify the
Service Provider and its affiliates, employees, agents and representatives, and
to hold them harmless from any and all claims and liabilities (including
attorneys' fees) that may arise from your submissions, from your unauthorized
use of material obtained through the Service, from your breach of this
Agreement, or from any such acts arising through your use of the
Service.
6. Editing and Deletions
The Service Provider reserves
the right, but undertakes no duty, to review, edit, move or delete any material
posted by users in the Discussion Areas or elsewhere on the Service, in its sole
discretion and without notice.
7. Additional Rules
The Service
Provider reserves the right to post, from time to time, additional rules of
usage that apply to specific parts of the Service. Such additional rules will be
posted in the relevant parts of the Service, and will be clearly identified.
Your use of the Service constitutes your agreement to comply with these
additional rules.
8. Disclaimer of Warranty and Limitation of
Liability
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN
RISK. THE SERVICE IS PROVIDED "AS IS," AND THE SERVICE PROVIDER AND ITS
AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY,
TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR
ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN
WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR
COMPLETENESS.
SERVICE PROVIDER AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT
THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO
FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO
VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
THE SERVICE PROVIDER AND ITS
AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING
OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES
ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE
SERVICE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE,
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY
NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO
STATE.
9. Termination
Service Provider has the right to terminate
your ability to access the Service, for any reason, without notice.
10. Jurisdiction
You agree that this Agreement, for all purposes, shall be
governed and construed in accordance with the laws of the State of Washington
applicable to contracts to be wholly performed therein, and any action based on
or alleging a breach of this Agreement must be brought in a state or federal
court in Seattle, Washington. In addition, you agree to submit to the personal
jurisdiction and venue of such courts.
11. Severability
If any provision of this Agreement
or portion thereof shall be declared invalid for any reason, the invalid
provision or portion thereof shall be deemed omitted and the remaining terms
shall be given full force and effect.
12. Entire Agreement
This Agreement is the complete and entire agreement between the parties and
supersedes any prior agreement, whether written or oral.
If you don't agree to the terms contained in this Agreement, please exit the Service now.
Thanks for using Cyber Chef Canada.com!