| THE FOLLOWING DESCRIBES THE TERMS
ON WHICH CH2TV.com OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the user agreement (the "Agreement" or "User Agreement")
for CH2TV.com If you reside outside of the United States, the party you
are contracting with is
© 2005
CH2 Holdings LLC. This Agreement describes the terms
and conditions applicable to your use of our services available under
the domain and sub-domains of www.CH2TV.com (the "Site") and the general
principles for the websites of our subsidiaries and international
affiliates. If you do not agree to be bound by the terms and conditions
of this Agreement, do not use or access our services.
If you have any questions, please refer to our User Agreement
Frequently Asked Questions or our User Agreement Revision Frequently
Asked Questions.
You must read, agree with and accept all of the terms and conditions
contained in this User Agreement and the Privacy Policy, which include
those terms and conditions expressly set out below and those
incorporated by reference, before you may become a member of CH2TV. We
strongly recommend that, as you read this User Agreement, you also
access and read the information contained in the other pages and
websites referred to in this document, as they may contain further terms
and conditions that apply to you as an CH2TV user. Please note:
underlined words and phrases are links to these pages and websites. By
accepting this User Agreement, you also agree that your use of other
CH2TV websites will be governed by the User Agreement and Privacy Policy
posted on those websites.
We may amend this Agreement at any time by posting the amended terms
on the Site. Except as stated below, all amended terms shall
automatically be effective 30 days after they are initially posted on
the Site. In addition, we will notify you in accordance with your
Notification Preferences. This Agreement may not be otherwise amended
except in a writing signed by you and CH2TV Inc. This Agreement is
effective upon acceptance in registration for new registering users, and
is otherwise effective on February 25th, 2006 for all users.
Membership Eligibility
Our services are available only to, lawful and non criminal
communications under applicable law. If you are a under the age of 18,
you cannot use this service. If you do not qualify, please do not use
our Site. Further, your CH2TV account (including feedback) and User ID
may not be transferred or sold to another party. If you are registering
as a business entity, you represent that you have the authority to bind
the entity to this Agreement.
Fees and Services
We do charge fees for accounts on CH2TV.com. Our Fees and Credits Policy
is available and is incorporated into this Agreement by reference. We
may change our Fees and Credits Policy and the fees for our services
from time to time. Our changes to the policy are effective after we
provide you with at least fourteen (14) days' notice of the changes by
posting the changes on the Site. However, we may choose to temporarily
change our Fees and Credits Policy and the fees for our services for
promotional events (for example, free listing days) and such changes are
effective when we post the temporary promotional event on the Site.. We
may in our sole discretion change some or all of our services at any
time. In the event we introduce a new service, the fees for that service
are effective at the launch of the service. Unless otherwise stated, all
fees are quoted in U.S. Dollars. You are responsible for paying all fees
associated with using our service and the Site and all applicable taxes.
Release
Because we are a secure website, in the event that you have a dispute,
you release CH2TV(and our officers, directors, agents, subsidiaries,
joint ventures and employees) from claims, demands and damages (actual
and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or
in any way connected with such disputes.
Information Control
We do not control the information provided by other users that is made
available through our system. You may find other user's information to
be offensive, harmful, inaccurate, or deceptive. Please use caution,
common sense, and practice lawful actions when using the Site. Please
note that there are also risks of dealing with underage persons or
people acting under false pretense. Additionally, there may also be
risks dealing with international trade and foreign nationals. By using
this Site, you agree to accept such risks and CH2TV is not responsible
for the acts or omissions of users on the Site.
Fraud or Terrorism
Without limiting any other remedies, CH2TV may suspend or terminate your
account if we suspect that you (by conviction, settlement, insurance or
escrow investigation, or otherwise) have engaged in fraudulent activity
in connection with the Site. Any suspect illegal use of the site will be
result in termination of your account and full cooperation with the
legal authority to include the FBI and CIA or other Federal agencies.
Information Definition
"Your Information" is defined as any information you provide to us or
other users in the registration, bidding or listing process, in any
public message area (including the feedback area) or through any email
feature. You are solely responsible for Your Information, and we act as
a passive conduit for your online distribution and publication of Your
Information.
Restricted Activities
Your Information and documents are the property of the user client and
all information is encrypted for your protection. No one including the
staff of CH2TV.com are capable of acessing your information. The site
purpose is to provide the higest security and encryption techniques to
allow you to protect documents and access to your personal or control
document. and your activities on the Site shall not: (a) violate any
law, statute, ordinance or regulation (including, but not limited to,
those governing National Security Communication Laws of the United
States of America); (b) contain child pornography or, (c) be a source of
direct link to communicate drug traffic activity in or out of the United
States and any other foriegn country;(d) contain any viruses, Trojan
horses, worms, time bombs, cancelbots, easter eggs or other computer
programming routines that may damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
information; (e) create liability for us or cause us to lose (in whole
or in part) the services of our ISPs or other suppliers.
License
Solely to enable CH2TV to use the information you supply us with, so
that we are not violating any rights you might have in that information,
you agree to grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sublicensable (through multiple tiers) right
to exercise the copyright, publicity, and database rights (but no other
rights) you have in Your Information, in any media now known or not
currently known, with respect to Your Information. CH2TV will only use
Your Information in accordance with our Privacy Policy.
Privacy
We do not sell or rent your personal information to third parties for
their marketing purposes and we only use your information as described
in the Privacy Policy. We view protection of users' privacy as a very
important community principle. We understand clearly that you and your
information is one of our most important assets. We store and process
your information on computers located in the United States that are
protected by physical as well as technological security devices.
No Warranty
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS
PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR
CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM
ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the
disclaimer of implied warranties, so the foregoing disclaimer may not
apply to you. This warranty gives you specific legal rights and you may
also have other legal rights that vary from state to state.
Liability Limit
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES
OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE,
OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS,
DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY
CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY
TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND
(B) $100. Some States do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
Indemnity
You agree to indemnify and hold us and (as applicable) our parent,
subsidiaries, affiliates, officers, directors, agents, and employees,
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your breach of this
Agreement or the documents it incorporates by reference, or your
violation of any law or the rights of a third party.
Legal Compliance
You shall comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of our services.
No Agency
You and CH2TV are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship
is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, any notices shall be given by
postal mail to CH2TV Attn: Legal Department: CH2 HOLDINGS, 269 S.
Beverly Drive, Suite 685 Beverly Hills, CA 90212 (in the case of CH2TV)
or to the email address you provide to CH2TV during the registration
process (in your case). Notice shall be deemed given 24 hours after
email is sent, unless the sending party is notified that the email
address is invalid. Alternatively, we may give you notice by certified
mail, postage prepaid and return receipt requested, to the address
provided to CH2TV during the registration process. In such case, notice
shall be deemed given 3 days after the date of mailing.
Resolution of Disputes
In the event a dispute arises between you and CH2TV, our goal is to
provide you with a neutral and cost effective means of resolving the
dispute quickly. Accordingly, you and CH2TV agree that any claim or
controversy at law or equity that arises out of this Agreement or our
services ("Claims") shall be resolved in accordance with one of the
subsections below or as otherwise mutually agreed upon in writing by the
parties. Before resorting to these alternatives, we strongly encourage
you to first contact us directly to seek a resolution and we will
consider reasonable requests to resolve the dispute through alternative
dispute resolution procedures, such as mediation, as an alternative to
litigation.
Binding Arbitration
For any Claim (excluding Claims for injunctive or other equitable
relief) where the total amount of the award sought is less than $10,000,
you or CH2TV may elect to resolve the dispute through binding
arbitration conducted by telephone, on-line and/or based solely upon
written submissions where no in-person appearance is required. In such
cases, the arbitration shall be administered by the American Arbitration
Association or JAMS in accordance with their applicable rules, or any
other established ADR provider mutually agreed upon by the parties. Any
judgment on the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof.
Court. Alternatively, any Claim may be adjudicated by a court of
competent jurisdiction located in Los Angeles County, California. You
and CH2TV agree to submit to the personal jurisdiction of the courts
located within the county of Los Angeles, California.
Alternative Dispute Resolution. Alternatively, CH2TV will consider use
of other alternative forms of dispute resolution, such as binding
arbitration to be held in Weber County, Utah or another location
mutually agreed upon by the parties.
All Claims (excluding requests for injunctive or equitable relief)
between the parties must be resolved using the dispute resolution
mechanism that is selected in accordance with this Section by the first
party to file a Claim. Should either party file an action contrary to
this Section 17, the other party may recover attorneys' fees and costs
up to $1000, provided that the party seeking the award has notified the
other party in writing of the improperly filed Claim, and the other
party has failed to withdraw the Claim.
Additional Terms
Each of these policies may be changed from time to time and are
effective immediately after we post the changes on the Site, except for
the Privacy Policy for which we will provide you with thirty days prior
notice. In addition, when using particular services on the Site, you
agree that you are subject to any posted policies or rules applicable to
services you use through the Site, which may be posted from time to
time. All such posted policies or rules are hereby incorporated by
reference into this Agreement.
General
This Agreement shall be governed in all respects by the laws of the
United States of America as such laws are applied to agreements entered
into and to be performed entirely within USA between USA residents. We
do not guarantee continuous, uninterrupted or secure access to our
services, and operation of the Site may be interfered with by numerous
factors outside of our control. If any provision of this Agreement is
held to be invalid or unenforceable, such provision shall be struck and
the remaining provisions shall be enforced. You agree that this
Agreement and all incorporated agreements may be automatically assigned
by CH2TV in accordance with this Agreement.
Disclosures
The services hereunder are offered by CH2TV Inc., located at CH2
HOLDINGS, 269 S. Beverly Drive, Suite 685 Beverly Hills, CA 90212. If
you are a USA resident, you may have this same information emailed to
you by sending a letter to the foregoing address with your email address
and a request for this information.
Disputes between you and CH2TV regarding our services may be reported
to Customer Support by going to http://www.CH2TV.com/contact.html. We
encourage you to report all user-to-user disputes to your local law
enforcement, postmaster general, or a certified mediation or arbitration
entity.
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