This agreement is an agreement between you and Chabooli Inc referred to as Chabooli in the whole of this agreement.
Chabooli provides its services to you, subject to the following Terms of Service (“TOS”).
Chabooli may update these TOS from time to time without notice to you. You should review the TOS periodically for changes on the Chabooli Web Site.
A ‘Member’ is any person, persons, user, business or organisation using any of the services provided by Chabooli. Authorised representatives of the Member certifies that he or she is at least 18 years of age and legally capable of entering into a contract in your country of residence on behalf of the Member.
“Content” means links, text, graphics, images, audio, video, information or other materials. This list is not exhaustive.
“Member Content” means all Content that a Member posts, submits or transmits to be made available through the Service including but not limited to, links and the information associated with those links such as video, audio, pictures or text from the site at which the link points: documents and files, whatever the extension.
THE MEMBER AGREES THAT HE/SHE IS SOLELY RESPONSIBLE FOR THE CONTENT THEY SAVE OR POST WHETHER FOR PUBLIC OR PRIVATE CONSUMPTION AND THAT ANY BREACH OF ANY LAW OF ANY COUNTRY AND ANY JURISDICTION IS EXCLUSIVELY THE RESPONSIBILITY OF THE MEMBER AND THE MEMBER AGREES TO DEFEND, PROTECT AND HOLD HARMLESS CHABOOLI FOR ANY SUCH BREACH INCLUDING ANY COSTS ASSOCIATED WITH ANY DEFENCE HOWSOEVER ARISING.
For the purposes of clarification, He means she also.
Chabooli is a group creating, social collaboration and bookmarking service that enables members to save, share, discover, collaborate and communicate on content of mutual interests including but not limited to, web content through a website located at www.chabooli.com
By using the Chabooli Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply with the Terms of Service at any time, Chabooli reserves the right to terminate your access to the Chabooli Service without compensation.
In order to permit Chabooli to protect the quality of its products and services, you hereby consent to Chabooli employees being able to access your account and records on a case-by-case basis to investigate complaints or other allegations or abuse.
In order to use the Services provided by Chabooli, you, the Member, must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device at your own cost.
In no event will Chabooli be liable to the Member or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Chabooli has been advised of the possibility of such damages.
You agree to not use the Chabooli Service to:
• Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• Harm minors in any way;
• Impersonate any person or entity, including, but not limited to, a Chabooli official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
• Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation;
• Upload, post, email 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;
• Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Chabooli Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
• Interfere with or disrupt the Chabooli Service or servers or networks connected to the Chabooli Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Chabooli Service;
• Intentionally or unintentionally violate any applicable local, state, national or international law;
• “Stalk” or otherwise harass another member or user of the Chabooli Service; or collect or store personal data about other users, or members.
Third Party Links
The Chabooli Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Chabooli has no control over such sites and resources, you acknowledge and agree that Chabooli is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Chabooli shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
License to Chabooli
Member hereby grants to Chabooli a non-exclusive, royalty-free, worldwide right and license during the Term to do the following to the extent necessary in the performance of Services under the Order:
Digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the Member Content; and Make archival or back-up copies of the Member Content. Except for the rights expressly granted above, Chabooli is not acquiring any right, title or interest in or to the Member Content, all of which shall remain solely with Member.
Modification of Terms of Service
Chabooli may change the Terms of Service without notice. Any amendment shall be effective immediately, whether the member is notified or not. Each use by Member reaffirms members acceptance of, and agreement to be bound and to abide by, the Terms as amended.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. To the fullest extent permitted by applicable law, you agree that Chabooli shall not be responsible and cannot be held responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or for anything adversely affecting the Member’s or the Advertisers business operation, sales, or profitability that they might claim is a result of a service offered by Chabooli.
Laws Affecting Electronic Commerce
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Member agrees that the Member is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Chabooli and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Member’s exercise of Internet electronic commerce.
Your Registration Obligations
In consideration of your use of the Services, you agree to:
• Provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (such information being the “Registration Data”)
• Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Chabooli has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Chabooli has the right to suspend or terminate your account, without any refund OR compensation being due and further, may refuse any and all current or future use of the Services (or any portion thereof).
When you register to become a member of Chabooli, you will be issued with an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will promptly report any unauthorized use of your password to us.
Chabooli is concerned about the safety and privacy of all its users, particularly Children. For this reason, parents who wish to allow their children access to the Services should assist them in setting up any relevant accounts and supervise their access to the Services. By allowing your child access to the Services, they will be able to access all of the Services. Please remember that the Services are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content available on any Chabooli domain is appropriate for your child.
Chabooli owns and will retain ownership of all design and code of the Members Area and their profile page. Rights to photos, graphics, source code, work-up files, database files and computer programs are specifically not transferred to the Member, and remain the property of Chabooli.
Termination for Reasons Other Than Non Payment Where Applicable
You agree that Chabooli in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use, or if Chabooli believes that you have violated or acted inconsistently with the letter or spirit of the TOS or the acceptable use policy, WITHOUT COMPENSATION.
Chabooli may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Chabooli may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Chabooli shall not be liable to you or any third-party for any termination of your access to the Services.
Chabooli may cancel the Services if they are or become prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Member as much prior notice as reasonably practicable.
The Terms Of Service (TOS) and the relationship between you and Chabooli shall be governed by the laws of England. You and Chabooli agree to submit to the exclusive jurisdiction of the English courts. Any failure by Chabooli to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Neither you nor Chabooli may assign or transfer any rights or obligations under these TOS without the prior written consent of the other party, except that Chabooli shall be entitled to assign or transfer any or all of its rights and obligations (without your prior consent) to any of its affiliated companies.
If Chabooli collects any payment due at law or through an attorney at law or under advice there from or through a collection agency, or if Chabooli prevails in any action to which the Member and Chabooli are parties, Member will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and Chabooli’ reasonable legal fees.
Member’s Representations and Warranties.
Member hereby represents and warrants to Chabooli, and agrees that during the Term Member will ensure that:
• Member’s use, publication and display of the Member Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any Person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any Person, including, without limitation, any contractual, statutory or common law right or any “moral right” or similar right however denominated;
• Member will comply with all applicable laws, rules and regulations regarding the Member Content and the Member Web site and will use the Search Engine Results Pages, only for lawful purposes;
• Member has used its best efforts to ensure that the Member Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
Chabooli Intellectual Property
Chabooli hereby grants to Member a non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of this Agreement, to use applicable Chabooli Technology solely for the purpose of accessing and using the Services. Member may not use the Chabooli Technology for any purpose other than accessing, promoting and using the Services. Except for the rights expressly granted above, this Agreement does not transfer from Chabooli to Member any Chabooli Technology, and all rights, titles and interests in and to the Chabooli Technology shall remain solely with Chabooli. Member shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the Chabooli Technology.
Chabooli trademarks, trade names, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of Chabooli. Member may not use, except as granted within the resources center of the Chabooli website, any of the foregoing in any advertising, publicity or in any other commercial manner without the prior written consent of Chabooli.
Chabooli shall maintain and control ownership of all Internet protocol (IP) numbers and addresses that may be assigned by Chabooli to Member. Chabooli may, in its sole discretion, change or remove any and all such Internet protocol numbers and addresses.
Any feedback, data, answers, questions, comments, suggestions, ideas or the like which Member sends to Chabooli relating to the Services will be treated as being non-confidential and non-proprietary. Chabooli may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including profiting from such suggestions, without any profit sharing formalities between Chabooli and the Member.
Limitation of Damages
IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEB SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM “DAMAGES” INCLUDES, WITHOUT LIMITATION, ANY LEGAL FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEB SITE AND OTHER CONTENT AND MATERIALS.
CHABOOLI CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. CHABOOLI WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR (EXCEPT AS PROVIDED IN SECTIONS 11 AND 12) FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, CHABOOLI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND CHABOOLI HEREBY EXPRESSLY DISCLAIMS THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY SOFTWARE PROVIDED TO MEMBER HEREUNDER IS PROVIDED “AS IS” WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. CHABOOLI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other legal theory (including strict liability), other than claims based on fraud or willful misconduct.
YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY CHABOOLI, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT
By connecting to, storing data and using for any purpose, any 3rd party service to which Chabooli uses in order to provide any of the services herein, you agree to be bound by the terms of service of such 3rd party supplier. An example, but by no means exclusive example would be the services provided by dropbox located at www.dropbox.com