Use of the ichilli.org website (the "Service") is provided to you under the terms and conditions of this agreement and any operating rules or policies that may be published by The iChilli Group ("we") from time to time ("Agreement").
The iChilli Group is the copyright holder for the iChilli™ software and related documentation and operates this site (either directly or through its subcontractors) in support of the iChilli community. We authorize you to view and download all information, documents and services provided on this Website (the "Site"), including trademarks, logos, graphics and images, other than the computer software, (the "Materials") provided that you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. If you breach any of these terms, your authorization to use this Site and its Materials automatically terminates and you must immediately destroy any downloaded or printed Materials
in your possession.
[ ^ Top ]
Any computer software which may be downloaded or is otherwise available from this Site is licensed subject to the terms of its associated license agreement only (as described at license.html) unless expressly stated otherwise. You will not be able to use, download or install any software unless you agree to be bound by the terms of such license agreement. Except as expressly permitted in the applicable license agreement, you may not use, reproduce, record, publish, publicly perform, publicly display or distribute any software made available on this Site without The Software Conservancy's express prior written consent. The iChilli Group and its licensors retain title to any such software downloaded from this Site and you are
granted only a non-exclusive license to use such software in accordance with the applicable license agreement.
EXCEPT AS EXPRESSLY WARRANTED IN THE ASSOCIATED LICENSE AGREEMENT, THE SOFTWARE CONSERVANCY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, NON-INTERFERENCE AND NON-INFRINGEMENT.
The iChilli Group and its licensors reserve all other intellectual property rights in and relating to such software.
[ ^ Top ]
When using this Site, you agree to be responsible for providing accurate and complete information about yourself during registration ("Your Data"), and updating Your Data to keep it current. At our sole discretion, we may terminate the accounts or access rights of users who may have provided inaccurate or incomplete information during registration.
[ ^ Top ]
All material posted to this Site must be relevant to the ichilli.org community and must be in good taste as determined by common sense and general community standards. You understand that by using this Site you may be exposed to content that is offensive, indecent, or objectionable. Any material posted to this Site that in our sole opinion violates community standards, will be removed and the account of the poster may, at our discretion, be revoked or suspended. Any material that meets the standards described above may be edited by this Site's maintainers solely for the purpose of clarity and length; if any such editing is done, the author or authors may supply a URL that points to the original material and which will be placed adjacent to the edited
material. To comment on this policy or report material you believe is not appropriate contact firstname.lastname@example.org. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content") whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not The iChilli Group are entirely responsible for all Content that you upload, post or otherwise transmit via the Site.
[ ^ Top ]
We may, but are not obligated to, monitor or review any areas on this Site where users transmit or post communications, including but not limited to discussion boards or other user forums, and the content of any such communications. We will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove messages that include any material deemed abusive, defamatory, harassing, racist, excessively violent, obscene, or inaccurate, or that contain commercial advertisements, spam or bulk communications, or that are otherwise unacceptable. You agree not to use the Site for any unlawful activities not otherwise covered above, including
without limitation, attempting to compromise the security of any networked account or site, operate any illegal lottery or gambling operation, stalk or make direct threats of physical harm, or impersonate any person or entity, or upload or post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
[ ^ Top ]
Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. We have not reviewed all of these third party sites and do not control and are not responsible for any of these sites or their content. We do not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
[ ^ Top ]
U.S. Government Restricted Rights
Government users will receive no greater than Restricted Rights as defined as provided in DFARS 227.7202-1 (a) and 227.7202-3 (a) (1995), DFARS 252.227-7013 (c) (1) (ii) (Oct 1988), FAR 12.212 (a) (1995), FAR 52.227-19 (June 1987), or FAR 52.227-14 (ALT III) (June 1987), as applicable.
[ ^ Top ]
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
THE ICHILLI GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, NON-INTERFERENCE AND NON-INFRINGEMENT. THE ICHILLI GROUP MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE, OR ERROR FREE; NOR DOES THE SOFTWARE CONSERVANCY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, THROUGH HYPERLINKS TO THE WEBSITES OF THIRD PARTIES OR THAT DEFECTS IN
ANY SOFTWARE AVAILABLE THROUGH THE SERVICE WILL BE CORRECTED. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL RESULTS, OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION RECEIVED USING THIS SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE TRANSMITTED OR OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH TRANSMISSIONS OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS SITE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
We make no representation that Materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the Materials or Services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
[ ^ Top ]
THE ICHILLI GROUP, ITS AGENTS, SUBCONTRACTORS AND/OR LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE (WHETHER BECAUSE OF INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE) OR FOR COST OF PROCUREMENT OF SUBSTITUTE SOFTWARE OR RESULTING FROM ANY SOFTWARE OR SERVICES OBTAINED OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR FROM ANY BREACHES OF SECURITY RELATING TO THE SERVERS USED BY THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THE SOFTWARE CONSERVANCY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
[ ^ Top ]
You agree to indemnify and hold The iChilli Group, its subsidiaries, affiliates, officers and employees, agents, subcontractors, licensors and users, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Site, your posting of Content (or submission of Content for posting) on the Site, your violation of this Agreement, or your infringement of any intellectual property or other right of any person or entity through your use of this Site.
[ ^ Top ]
The iChilli Group may terminate the Service or your use of the Service, in whole or in part, with or without cause at any time and effective immediately. The iCHilli Group will not be liable to you or any third party for such termination.
You acknowledge and agree that any termination of the Service, in whole or in part, under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that The iChilli Group may immediately delete and discard all of your information and files and bar any further access to such files of the Service.
Should you object to any terms and conditions of this Agreement or any subsequent modifications there to or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service or notify The iCHilli Group of termination.
[ ^ Top ]
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The iCHilli Group's failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by The iChilli Group in writing.
The iChilli Group may assign this Agreement to any third party at its sole discretion. You will not assign or sublicense the rights granted under this agreement, without prior written authorization from The iChilli Group.
This Agreement comprises the entire agreement between you and The iCHilli Group and supersedes all prior or contemporaneous agreements between the parties regarding the subject matter contained herein.
We may update these terms at any time by updating this posting. You should visit this page from time to time to review the then-current terms because they are binding on you.
[ ^ Top ]