Last modified on, and effective as of April 15, 2011.
THANK YOU FOR VISITING. PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY. THESE TERMS ARE A BINDING AGREEMENT BETWEEN YOU AND CHICK BOSS, LLC, A DELAWARE LIMITED LIABILITY COMPANY (“CHICK BOSS,” “WE” OR “US”).
THESE TERMS GOVERN YOUR USE OF OUR WEBSITE AT WWW.CHICKBOSS.COM AND ANY WEBSITE OR SOFTWARE CONTAINING A LINK TO THESE TERMS (COLLECTIVELY, OUR “SITE”), AS WELL AS ANY TEXT, SOFTWARE, GRAPHICS, PHOTOGRAPHS, DESIGNS, ILLUSTRATIONS, ICONS, VIDEO OR OTHER CONTENT MADE AVAILABLE TO YOU THROUGH OR IN CONNECTION WITH OUR SITE (COLLECTIVELY, OUR “CONTENT”) AND ANY PRODUCT OR SERVICE OFFERED THROUGH OR IN CONNECTION WITH OUR SITE (EACH, A “SERVICES”). OUR SITE, CONTENT AND SERVICES ARE REFERRED TO COLLECTIVELY AS OUR “OFFERING.”
BY USING OR VIEWING ANY ASPECT OF OUR OFFERING, YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE BOUND BY, THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT PERMITTED TO USE ANY ASPECT OF OUR OFFERING.
Our Site and Services are intended solely for persons who are at least thirteen (13) years old and residents of the United States or Canada. Any access to or use of our Site and Services by anyone under thirteen (13) is expressly prohibited. By using our Site or Services, you represent and warrant that you are at least thirteen (13) years old.
“Chick Boss” and any other product or service name, mark, logo, or slogan contained in our Offering, as well as the look and feel of our Site, constitute the service mark, trademark, and/or trade dress of Chick Boss and its suppliers or licensors and may not be copied, imitated, or used (in whole or in part), without the prior written permission of Chick Boss or the applicable trademark holder. Chick Boss and its suppliers and licensors retain all ownership and other rights in all of their trademarks and associated goodwill.
We make our Content available to you solely for your personal use in relation to our Offering. Without our explicit, written permission, you may not re-sell, reproduce, re-distribute, modify, create derivative works of, participate in the sale of, or otherwise exploit our Content or any other aspect of our Offering. As between you and us, we own our Offering and all rights relating to it, except for User Generated Content (as defined below) that you own (as provided in these Terms). Our Offering is protected under United States and international copyright laws. You must abide by all copyright notices or restrictions contained in or attached to any of our Content and must not remove any trademark, copyright or other notice from any of our Content.
By posting, distributing, sending or displaying any comment, message (including email), data, information, text, music, sound, photos, graphics, or other content (“User Generated Content”) to the Site, you grant, and represent and warrant that you have the right to grant, to Chick Boss, its parents, subsidiaries, and affiliates, and each of its and their successors, and assigns, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to: (a) use, distribute, reproduce, modify, adapt, publish, translate, create derivative works of, publicly perform, and publicly display your User Generated Content and the name you submit in connection with such User Generated Content, in whole or in part, in any format or medium now known or later developed; and, (b) use (and permit others to use) your User Generated Content and the name you submit in any manner and for any purpose (including, without limitation, commercial, advertising, or marketing purposes) that we deem appropriate in our sole discretion, including, without limitation, to incorporate all or a part of your User Generated Content into any product, service, content, or advertisement. User Generated Content is deemed non-confidential and Chick Boss is under no obligation to treat it as proprietary information. Chick Boss reserves the right, but has no obligation, to delete, edit, modify, reject, or refuse to post it. Chick Boss is under no obligation to offer any payment for User Generated Content or to acknowledge authorship.
By uploading, saving, or submitting any User Generated Content, you represent and warrant that:
You agree not to submit to Our Offering any User Generated Content for which any of the above representations and warranties are or may be untrue.
We respect the intellectual property rights of others. Accordingly, we have a policy of removing User Generated Content that violates copyright, trademark, or other intellectual property law, suspending access to all or any portion of Our Offering to any user who uses Our Offering in violation of any such law, and/or terminating in appropriate circumstances the account (if any) of any user who uses Our Offering in violation of any such law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of Our Offering, please provide written notice to the following Chick Boss agent for notice of claims of infringement:
Chick Boss, LLC
Re: Notice of Claimed Infringement
5901 Christie Ave., Suite 201
Emeryville, CA 94608
Tel: 866 660 2677
Email: info@chickboss.com
Your written notice must:
Please do not send notices or inquiries unrelated to alleged copyright, trademark, or other intellectual property right infringement to our designated agent, as they will be deleted upon receipt.
You agree to provide true, accurate, current, and complete information as prompted by Our Offering. In addition, you agree not to use Our Offering (including, without limitation information or data you may obtain through your use of Our Offering): (a) in a manner that violates any law; (b) to stalk, harass, abuse, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt Our Offering or servers or networks used in connection with Our Offering. You further agree not to use any data mining, robots, or similar data gathering or extraction methods in connection with Our Offering, or otherwise attempt to gain unauthorized access to any portion of Our Offering or any other accounts, computer systems, or networks used in connection with Our Offering, whether through hacking or any other means.
Chick Boss is not responsible for content provided by linked sites.
You agree to send any notices that are required or permitted to be given by these Terms to Chick Boss only in the manner specified for such purposes on our Site. When you visit our Site, use our Services, or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from Chick Boss electronically. We may communicate with you by e-mail or by posting notices on our Site. You agree that all agreements, notices, disclosures, and other communications that Chick Boss provides to you electronically, satisfy any legal requirement that such communications be in writing. [In order to access our Site or any such communications, you must have a computer or other device with Internet access running a web browser such as Internet Explorer, Firefox, or Safari. In order to retain copies of any such communications, you must have a printer or data storage device. If you have a printer, you may print paper copies of any such communications for your own use.]
You agree to indemnify, defend, and hold harmless the Chick Boss Parties from and against any and all claims, liabilities, damages, losses, settlements, judgments, costs, expenses, or fees (including without limitation, reasonable attorneys' fees) that such parties may suffer or incur as a result of or arising from your (or anyone using your account, if one exists) violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
We administer our Site from our offices in Emeryville, California] and do not intend to subject ourselves to the laws or jurisdiction of any state, country, or territory other than that of the state of California and the United States of America. Our Site and Services may be accessible from countries other than the United States but may contain references to Services, or other products or services that are not available outside of the United States. Any such references do not imply that such products or services should be used, have been approved, or will be made available outside the United States. We make no representation that Our Offering is appropriate or available for use outside the United States and access to Our Offering from territories where it would be illegal or restricted is prohibited. If you choose to access Our Offering from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable laws. For example, you agree to comply with all export and re-export regulations and rules of the United States Departments of Commerce, Homeland Security, State, and the Treasury, as well as any other United States or foreign agencies and authorities in connection with your use of Our Offering. You further agree not to transfer, or authorize the transfer of, any products or other items to a prohibited person or country or otherwise in violation of any laws.
If our Site and Services are used or accessed by or on behalf of the United States Government, such use or access is subject to this paragraph. Our Site, Content, and Services, and any related documentation, are each deemed to be a "Commercial item" as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable, and any other applicable civilian and military Federal acquisition regulations. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through §227.7202-4, as applicable, our Site, Content, and Services are being licensed to U.S. Government end users (a) only as Commercial items, and (b) with only those rights as are granted to all other end users pursuant to this Agreement.
Last modified on, and effective as of April 15, 2010.
Your privacy is very important to us. The personal information that we require for order placement includes only that which is necessary to contact you and fulfill your order. Examples of such information are name, shipping and billing addresses, phone number, email address, credit card information and customer preferences data. Examples of ways in which we may collect such information from you include the following:
We use your physical address to send you the products and services you order. We use your billing address to send you invoices.
We use your e-mail address to send confirmation of your order and shipping information. We may also send special offers and newsletters via email. We are committed to providing a choice in how we communicate with you, so all marketing email messages include a way to unsubscribe from future communications.
Your e-mail and password are unique identifiers that protect access to your personal profile information and order history.
We keep the phone numbers you provide on file to notify you in case there's a problem with your order.
If you register with us, cookies allow us to give you a personalized shopping experience, which includes:
Credit card numbers are used only for payment processing and fraud protection; we don't retain them for any other purposes.
We will not, under any circumstances, share your personal information with any company outside the Chick Boss, LLC, Chick Boss Guatemala SA, or third parties acting on our behalf, such as those involved in purchasing and shipping your order or publication of our e-newsletters.
Notwithstanding anything in this Privacy Policy to the contrary, we reserve the right, and you hereby expressly authorize us, to share any personally identifiable information or anonymous data about your usage: (i) to comply with applicable law, including in response to subpoenas, court orders, or legal process, to address written complaints of copyright infringement; (ii) to establish, protect, or exercise our legal rights or defend against legal claims, including to enforce our Terms and Conditions of Use or any other agreement relating to our Sites and Services; (iii) if we believe it is necessary in order to investigate, prevent, or take action regarding suspected illegal activities, fraud, or situations involving potential threats to the safety of any person or property, including our own; (iv) if we believe it is necessary to investigate, prevent, or take action regarding significant abuse of any of our Sites and Services or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of information); (v) if we become the subject of bankruptcy proceedings, in which case we may share information about you and your usage with a bankruptcy trustee, debtor in possession, or subsequent purchaser of assets.
We do not intentionally or knowingly collect personally identifiable information from children under the age of thirteen. If we become aware that we have collected personally identifiable information from a user of the Site who is under the age of thirteen, we will remove that child's personal information from our files.
From time to time, you may be given the opportunity to participate in sweepstakes, contests, giveaways, or other promotions offered by us, either alone or with promotional partners. Participation in these promotions may require you to submit information about you, including personally identifiable information. Our use and sharing of your information collected through a promotion will be governed by the official rules or agreement governing that promotion, as well as by this Privacy Policy. The terms of those rules or that agreement will control over any conflicting provisions of this Privacy Policy.
Because the Internet is global, information about you that we collect or that you submit to us may be transferred, processed, stored, and used in countries (including the United States) other than the one in which you live, where laws regarding processing of your personally identifiable information may be less stringent than the laws in your country. By using our Site or Services, you explicitly consent to such transfer, processing, storage, and use of your information.
We may change this Privacy Policy at any time. Such changes will be effective immediately upon our posting the revised Privacy Policy on our Site. Please refer to this Privacy Policy on an ongoing basis so that you understand our current Privacy Policy. Your continued use of the Site or Services after such modifications are made will constitute your acknowledgment of the modified Privacy Policy and your agreement to be bound by it.
We attempt to protect your personal information from theft, loss, or alteration with security measures that are reasonable and consistent with industry standards. For example, we use encryption technologies whenever transferring certain types of sensitive information, such as credit card data. However, since neither people nor security systems are foolproof, information may be viewed or tampered with while in transit to us, while being stored at Chick Boss, or when we transmit such information to third parties. As a result, while we strive to protect your personal information, we cannot guarantee that it will be 100% secure. If you are concerned about interception of sensitive information, do not include it in any email or other transmissions to us. Chick Boss assumes no responsibility for the security of your information that we may transmit to third parties once that information is in their possession.
We welcome your questions, comments and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue atinfo@Chickboss.com.