Acceptance of These Terms of Service
BY USING AND/OR VISITING THE SITE AND/OR LINKING TO ANY FILE RESIDING ON ANY OTHER SITE THAT IS ACCESSED VIA THE SITE, YOU GIVE YOUR ASSENT TO BOTH THESE TERMS OF SERVICE AND TO CHILLAPPLE Group'S PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.
The owner of the Site, CHILLAPPLE Group Inc ("referred to herein as "We" or "CHILLAPPLE Group") may modify or terminate any services offered by CHILLAPPLE Group from time to time (the "Services"), for any reason, and without notice, including the right to terminate with or without notice, without liability to you (except as expressly provided in the applicable terms relating to payment services offered by CHILLAPPLE Group for a fee ("Premium Services")), any other user or any third party. We reserve the right to modify these Terms of Service in our sole discretion without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
If you do not agree to any of these terms, then please do not use this Site or any CHILLAPPLE Group Services.
Third Party Content Made Accessible by CHILLAPPLE Group
This site displays and/or makes available materials and links to MP3 audio files, in a variety of formats (such materials, and files that are linked from the Site, are collectively referred to as the "Submissions"), which are uploaded or linked to by Submitters, over whom CHILLAPPLE Group exercises no control. CHILLAPPLE Group cannot and does not screen the Submissions before or after allowing them to be made available to third parties. Submissions may contain material or links to files that some people find objectionable, inappropriate, or offensive. We cannot guarantee that any Submissions made available via the Site will be free of objectionable content. We therefore assume no responsibility for any Submissions on, or otherwise linked to, the Site.
Copyright Infringement Policy
CHILLAPPLE Group responds to notices of alleged infringement that comply with the Digital Millenium Copyright Act. For more information about this, including directions on how to provide such a notice, please see our DMCA Policy.
Trademark
Please choose a username for your account that is your real name or trademark you own. We reserve the right to remove or reclaim your username if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Site Access
CHILLAPPLE Group hereby grants you permission to use the Site as set forth in these Terms of Service, provided that:
* use of the Site for personal or business reasons is permitted. Abusive, offensive, harmful, infringing or spammy material is not permitted and we reserve the right to take down any content from CHILLAPPLE Group at any time for any reason.
* you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and
* You will otherwise comply with the terms and conditions of these Terms of Service.
In order to access some features of the Site, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify CHILLAPPLE Group immediately of any breach of security or unauthorized use of your account. Although CHILLAPPLE Group will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of CHILLAPPLE Group or others due to such unauthorized use.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the CHILLAPPLE Group servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, CHILLAPPLE Group grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. CHILLAPPLE Group reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions.
Submitters understand and agree that third-party advertising, in any commercially reasonable format, made be made available to users of the Site, including in connection with uploaded Submissions. Submitters expressly agree that they shall not be entitled to any sharing or other compensation whatsoever for any revenue generated by (or received by CHILLAPPLE Group for) the display of any such advertisements.
Intellectual Property Rights
All content on the Site, other than the Submissions displayed on the Site or otherwise made available via the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("CHILLAPPLE Group Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to CHILLAPPLE Group, subject to trademark, copyright and other intellectual property rights under United States and foreign laws and international conventions. CHILLAPPLE Group Content, and Submissions made available on or via the Site, are provided to you AS IS for your information and personal and business use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of CHILLAPPLE Group or the respective owners of such Submissions. CHILLAPPLE Group reserves all rights not expressly granted in and to the Site and the CHILLAPPLE Group Content. You agree to not engage in the use, copying, or distribution of any of the CHILLAPPLE Group Content or Submissions, other than expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained through the Site for any commercial or service bureau purposes. If you download or print a copy of any CHILLAPPLE Group Content or Submissions for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any CHILLAPPLE Group Content or Submissions, or enforce limitations on use of the Site or the CHILLAPPLE Group Content or Submissions displayed or made available therein.
Submissions
If you are a Submitter, you understand that whether or not your Submissions are displayed or otherwise made available, CHILLAPPLE Group does not guarantee any confidentiality or security with respect to any such Submissions.
You shall be solely responsible for your Submissions and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent, and/or warrant that:
* You own or have the necessary licenses, rights, consents, and permissions to use and authorize CHILLAPPLE Group to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by the Site and these Terms of Service.
* You have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner contemplated by the Site and these Terms of Service.
Nothing in these Terms of Service change, affect or diminish in any way whatever rights Submitters may have in the Submissions. By submitting the Submissions to CHILLAPPLE Group, however, you hereby grant CHILLAPPLE Group a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with the Site and CHILLAPPLE Group's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels (except to the extent limited by, and expressly stated in the applicable additional terms and conditions for, Premium Services offered by CHILLAPPLE Group). You also hereby grant each user of the Site (subject to such limitations, if any, that may apply with respect to Premium Services) a non-exclusive license to access your Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submissions as permitted through the functionality of the Site and under these Terms of Service. Certain Submissions may be provided with, and subject to, other licenses, such as the Creative Commons license, which may affect how you use those Submissions. Users of such Submissions may see the specific licenses referred to, and included via links included, in any such Submission. Submitters who make their Submissions available subject to any such third-party licenses hereby agree to comply with all policies and conditions associated with such use and distribution. For more information about Creative Commons, please check creativecommons.org.
You hereby represent and warrant that you will not:
* Upload to or make available via the Site any Submission containing material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant CHILLAPPLE Group all of the license rights granted herein.
* Publish falsehoods or misrepresentations that could damage CHILLAPPLE Group or any third party;
* Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
* Post advertisements.
* Impersonate another person. CHILLAPPLE Group does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and CHILLAPPLE Group expressly disclaims any and all liability in connection with Submissions.
CHILLAPPLE Group does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and CHILLAPPLE Group will remove all Submissions if properly notified that such Submission infringes on another's intellectual property rights. CHILLAPPLE Group reserves the right to remove Submissions without prior notice. CHILLAPPLE Group will also terminate a User's access to its Site, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a Submission removed from the Site more than twice. CHILLAPPLE Group also reserves the right to decide whether any Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. CHILLAPPLE Group may remove such Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
You understand that when using the CHILLAPPLE Group Site, you will be exposed to Submissions from a variety of sources, and that CHILLAPPLE Group is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CHILLAPPLE Group with respect thereto, and agree to indemnify and hold CHILLAPPLE Group, its officers, directors, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
Submitters understand and agree that third-party advertising, in any commercially reasonable format, made be made available to users of the Site, including in connection with uploaded Submissions. Submitters expressly agree that they shall not be entitled to any sharing or other compensation whatsoever for any revenue generated by (or received by CHILLAPPLE Group for) the display of any such advertisements.
CHILLAPPLE Group reserves the right to remove Submissions at any time, without notice or recourse, should CHILLAPPLE Group decide in its sole discretion that it is appropriate or desirable to remove a Submission.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, CHILLAPPLE Group DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY SUBMISSIONS.
THE CHILLAPPLE Group SERVICES, AND ALL SUBMISSIONS AND OTHER MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE CHILLAPPLE Group SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. CHILLAPPLE Group AND ITS LICENSORS EXPRESSLY DISCLAIM 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, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CHILLAPPLE Group AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE CHILLAPPLE Group SERVICES. CHILLAPPLE Group AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ANY SUBMISSION OR ANY CHILLAPPLE Group SERVICE. CHILLAPPLE Group AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR IN CONNECTION WITH ANY CHILLAPPLE Group SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE CHILLAPPLE Group SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE CHILLAPPLE Group SERVICES.
YOU AGREE THAT YOUR USE OF THE SITE AND ALL SUBMISSIONS SHALL BE AT YOUR SOLE RISK.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE CHILLAPPLE Group SERVICES, INCLUDING BUT NOT LIMITED TO ANY SUBMISSION(S) AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA, INCLUDING SUBMISSIONS.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY.
CHILLAPPLE Group, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT SHALL CHILLAPPLE Group, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ANY
* PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
* ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
* ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE
* ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, OR SITES LINKED TO BY THIS SITE, BY ANY THIRD PARTY, AND/OR
* ANY ERRORS OR OMISSIONS IN ANY SUBMISSION(S) OR OTHER CONTENT MADE AVAILABLE BY CHILLAPPLE Group, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SUBMISSION(S) OR OTHER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN ANY EVENT, THE COMPANIES AGGREGATE LIABILITY SHALL NOT EXCEED $1000.00.
CHILLAPPLE Group DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISING, AND CHILLAPPLE Group WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU SPECIFICALLY ACKNOWLEDGE THAT CHILLAPPLE Group SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Site is controlled and offered by CHILLAPPLE Group from its facilities in the United States of America. CHILLAPPLE Group makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnity
You agree to defend, indemnify and hold harmless CHILLAPPLE Group, its parent corporation, officers, directors, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
* your use of and access to the Site;
* your violation of any term of these Terms of Service;
* your violation of any third party right, including without limitation any copyright, property, or privacy right; or
* any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Site.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the CHILLAPPLE Group Site.
General
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CHILLAPPLE Group without restriction. Under no circumstances shall CHILLAPPLE Group or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service (along with all terms and policies linked from these Terms of Service, which are incorporated by reference) constitute the entire agreement between the parties with respect to the Site and any Services provided or offered by CHILLAPPLE Group.
No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and CHILLAPPLE Group's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Your use of the Site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
YOU AND CHILLAPPLE Group AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE AND/OR ANY SERVICES PROVIDED BY CHILLAPPLE Group MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
CHILLAPPLE Group reserves the right, at its sole discretion, to modify or terminate the Site or Services, or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms of Service. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are telling us that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only option is to stop using the Site and the Services.
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