Terms of Service

CHUM.LY’s Terms of Service (“Terms”) govern use of and access to CHUM.LY’s website and its services (the “Services”), and any text, graphics, information or other materials downloaded, uploaded or appearing on the Services (together referred to as “Content”). Your right to use and of the CHUM.LY Services is predicated on your explicit compliance with and acceptance of the CHUM.LY Terms. Through your use of and access to the CHUM.LY Services you agree to be bound by the following Terms:

CHUM.LY Terms

You’re responsible for use of the CHUM.LY Services, for anything posted by you post on the Services, and for any and all consequences as a result of the use of these Services. All Content submitted, display or post may be viewed by other users of the CHUM.LY Services and through third party websites and services (you visit your CHUM.LY Account Settings page to control who sees your Content). Only place Content on the CHUM.LY website that you wish to share with others under the CHUM.LY Terms.

Anything posted to your CHUM.LY account may be viewed across the Web instantly. Be very careful what you post.

Use the CHUM.LY Services only if you can form a binding contract with CHUM.LY and only if you are not barred from receiving such services under the laws of the USA or any other jurisdiction where you might use the Services. You may only use the CHUM.LY Services in strict compliance with the CHUM.LY Terms and in compliance with all applicable local, state, national, and international rules, regulations & laws.

The CHUM.LY Services are constantly evolving these Services may change occasionally without providing you with prior notice. Additionally, CHUM.LY may stop (temporarily or permanently) providing these Services (or individual Service features) to you or to any user and may not provide you with prior notice. CHUM.LY also retains the right to limit use and storage at our sole discretion, any time and without prior notice.

Privacy

Any and all information provided by you to CHUM.LY will be subject to the CHUM.LY Privacy Policy, which governs our use and collection of your information. You understand and agree that through any use of the CHUM.LY Services you are consenting to the use and collection (as per the CHUM.LY Privacy Policy) of this information. This includes the transfer of any information to the USA and/or countries outside the United States for processing, storage and use by CHUM.LY. As part of CHUM.LY providing you with these Services, CHUM.LY may provide you with email communications, including service announcements and/or administrative messages. Any such communication will be considered part of the CHUM.LY Services and part of your CHUM.LY account, which you may not be able to opt-out and therefore will receive.

You can opt-out of the majority of communications from CHUM.LY including notices of new followers to your account, the CHUM.LY newsletter and other non-critical communication.

Passwords

You’re responsible for the safeguard of your password used to access the CHUM.LY Services and for all actions or activities using that password. CHUM.LY encourages you to use a “strong” password, using a combination of lower and upper case letters, symbols and numbers with your CHUM.LY account. CHUM.LY will not and cannot be responsible or liable for any damage or loss occurring as a result of your failure to comply with the above stated requirements.

Content on the Services

All publicly posted or privately transmitted Content is your sole responsibility if you are the person who originated the Content. CHUM.LY may not control or monitor Content posted through use of the Services and cannot take responsibility for any such Content. Reliance upon or use of any materials or Content posted through use of the Services or materials or Content obtained through use of the Services is completely at your own risk.

CHUM.LY doesn’t support, endorse, guarantee or represent the truthfulness, accuracy, completeness or the reliability of any communications or Content posted through use of the CHUM.LY Services nor do we endorse opinions expressed through use of the Services. By using the Services you understand that you may be exposed to some Content that could be considered harmful, offensive, inappropriate, inaccurate or in some cases, some postings may be mislabeled or in some way deceptive. Under absolutely no circumstances will CHUM.LY be responsible or liable in any way for Content posted through the Services, including, but not limited to, any and all omissions or errors in the Content, nor shall CHUM.LY be responsible in any way for damage or loss of any kind incurred because of the use of Content emailed, posted, transmitted or in any way made available through the use of the Services.

Your Rights

You preserve exclusive rights to all Content you post, display or submit on or through use of the CHUM.LY Services. When you post, display or submit Content on or through the CHUM.LY Services, you will grant CHUM.LY a royalty-free, non-exclusive, worldwide, license (with the additional rights to sublicense) to copy, adapt, use, reproduce, modify, process, transmit, display, publish, and to distribute this Content in any and in all media and/or distribution methods (known currently or developed later).

This license hereby authorizes CHUM.LY to make your broadcasts available to anyone in the world and allows others who receive your broadcasts to do the same. However, you are the owner of your content.

You hereby agree this license shall include the right for CHUM.LY to make this Content available to other individual, organizations or companies who choose to partner with CHUM.LY for the distribution, broadcast, syndication or publication of this Content on other services and media, subject to CHUM.LY’s terms and conditions for Content use.

CHUM.LY rules for how API developers can interact with your content are evolving. The rules have been established with the idea of creating an open ecosystem while keeping your rights top-of-mind.

Uses by CHUM.LY, or other organizations, individuals or companies who partner with CHUM.LY, can be done without compensation to you in regards to the Content that you transmit, post, submit or in any way is obtainable through the CHUM.LY Services.

CHUM.LY can adapt or modify your Content so that we may distribute, display or transmit your Content over computer networks and/or in various forms of media and/or we reserve the right to make changes to all Content as necessary to adapt and conform such Content to limitations or requirements any services, networks, media or devices.

You’re accountable for any Content provided by you, of the Services, for all consequences as a result of Content provided by you, including the use of your Content by our third party partners or other users. You understand that any of your Content submitted to CHUM.LY can be rebroadcast by CHUM.LY partners and if you don’t have rights to submit such Content for that use, it could subject you to liabilities. CHUM.LY won’t in any way be liable or responsible for use of your Content on the CHUM.LY website in accordance with the CHUM.LY Terms. You hereby warrant and represent that you have the power, authority and rights needed to grant the rights to any Content submitted to the Services.

CHUM.LY gives you a royalty-free, worldwide, personal, non-exclusive and non-assignable license for use of software provided to you by the CHUM.LY Services. This license is exclusively for the purpose of allowing use and enjoyment of all benefits of the CHUM.LY Services as in the manner permitted by the CHUM.LY Terms.

CHUM.LY Rights

All rights, interest and title in and to the CHUM.LY Services (excluding the Content provided by CHUM.LY users) will remain and are the exclusive possession of CHUM.LY and/or its licensors. The CHUM.LY Services are protected by trademark, copyright, and laws of the United States and countries outside the USA. Nothing in the CHUM.LY Terms gives you any right to use the CHUM.LY name or CHUM.LY logos, URLs, trademarks and any other unique brand features. All comments, suggestions or feedback provided by you in regards to the Services or CHUM.LY is entirely at-will and CHUM.LY is free to use such suggestions, feedback or comments as CHUM.LY sees fit, without any kind of obligation to you as a user of the Services provided by CHUM.LY.

Restrictions on Content and Use of the Services

CHUM.LY reserves the absolute right at any times (but doesn’t have the obligation) to refuse to distribute or to remove any and all Content on the CHUM.LY Services and may terminate a user’s account or reclaim any username. Review the CHUM.LY Rules (which are part of the CHUM.LY Terms) to fully understand what is expressly prohibited on the CHUM.LY Service. Additionally, CHUM.LY reserves all rights to read, preserve, access and disclose any and all information that may be necessary to (i) satisfy any and all regulation, legal process, applicable law, government request or governmental request, (ii) enforce the CHUM.LY Terms, including the investigation or any possible violations hereof, (iii) prevent, detect, or otherwise address security, technical issues or fraud, (iv) for response to any customer support requests, or (v) to protect the safety, property or rights of CHUM.LY, the public and its users.

CHUM.LY won’t disclose any of your identifying personal information to third parties unless in accordance with the CHUM.LY Privacy Policy.

Unless permitted through the CHUM.LY Services (or the CHUM.LY Terms), you must use the CHUM.LY API if you desire to modify, create derivative works, reproduce, sell, distribute, transfer, publicly perform, transmit, publicly display or otherwise use the CHUM.LY Content or CHUM.LY Services.

CHUM.LY permits and encourages broad re-use of Content. CHUM.LY’s API exists explicitly to enable this use.

You cannot do any of the following things while using or accessing the CHUM.LY Services: (i) tamper with, access, or in any way use non-public areas of the CHUM.LY Services, CHUM.LY’s technical delivery systems or computer systems of CHUM.LY’s providers; (ii) scan, test or probe potential vulnerabilities of any network or system nor can you attempt to circumvent or breach any authentication or security measures; (iii) search, access or try to search or access the CHUM.LY Services in any way (whether automated or by other means) except through our presently existing, available interfaces provided by CHUM.LY (and specifically pursuant to those conditions and terms), unless you’ve been expressly permitted to do so in a written agreement signed by the CEO or CTO of CHUM.LY (NOTE: using robots to crawl the CHUM.LY Services is permitted only if done within the express provisions of the robots.txt file and scraping the CHUM.LY Services without the prior written consent of CHUM.LY is absolutely prohibited); (iv) falsify any TCP/IP packet header or any portion of the TCP/IP packet header information in any posting or email, or in any way utilize the CHUM.LY Services to convey deceptive, false or altered source-identifying information; or (v) disrupt, interfere with, (or make attempts to do so), the access of any host, user, or network, including, exclusive of limitation, overloading, sending a virus, spam, flooding, mail-bombing the CHUM.LY Services, or by scripting the construction of Content in any way as to create an undue burden or impede on the CHUM.LY Services.

Copyright Policy

CHUM.LY respects all intellectual property rights of others and expects all users of the CHUM.LY Services to also respect these rights. CHUM.LY will reply to any notices of potential copyright infringement complying with relevant law and which are properly provided to CHUM.LY. If you have the belief that any of your Content has been reproduced in any way which might constitute copyright infringement, we hope that you will provide CHUM.LY with this information: (i) an electronic or physical signature of the copyright holder or a person certified to act on the copyright holder’s behalf; (ii) identification of any of the copyrighted work. Which you claim has been infringed; (iii) identification of any potentially infringed upon material or which may be the subject of infringing goings-on and which should be taken down or information which is adequate for permitting CHUM.LY to locate the infringing content; (iv) your personal contact information, which should include your phone number, your address and your email address; (v) an electronic or written declaration by you that you’ve a good faith conviction that use of the potentially-infringing material in the manner in which you are making the complaint isn’t allowed by the actual copyright owner, the agent of the copyright owner or the law; and (vi) a declaration from you that the information in your notice is correct, and, under potential penalty of perjury, that you’re authorized to take this action for the actual copyright owner.

CHUM.LY reserves all rights to remove any potentially infringing Content with no prior notice and at CHUM.LY’s discretion. In certain circumstances judged by CHUM.LY to be applicable, CHUM.LY may terminate a user’s account if it is determined the user infringes on the rules regarding CHUM.LY’s Copyright Policy. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

Email: copyright@CHUM.LY.com

CHUM.LY Services are Available “AS-IS”

Your use of and access to the Content or any CHUM.LY Services is at your own risk. You understand and agree that CHUM.LY Services are provided on an “AS AVAILABLE” and “AS IS” basis. With no limit to the previous, CHUM.LY AND ALL CHUM.LY PARTNERS HEREBY MAKE NO CLAIM TO ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF FITNESS FOR A SPECIFIC PURPOSE and NON-INFRINGEMENT OR MERCHANTABILITY. CHUM.LY makes absolutely no warranty and disclaims any and all liability and responsibility for the accuracy, completeness, timeliness, security, availability or reliability of the CHUM.LY Services or any Content on the CHUM.LY website. CHUM.LY won’t be liable or responsible for any harm that may occur to your computer system, the potential loss of your computer data, or any harm resulting from your accessing or using of the CHUM.LY Services, including any Content. You hereby agree that CHUM.LY takes no liability or responsibility for possible deletion of, or failure to transmit or keep any communications or Content maintained by the CHUM.LY Services. CHUM.LY makes absolutely no warranties of any kind that the CHUM.LY Services will be available in an uninterrupted manner or error-free or that the CHUM.LY Services will meet any of your expectations or requirements. No information or advice, written or verbal, obtained through the CHUM.LY Services or from CHUM.LY directly, shall create any form of warranty not specifically made herein.

Links

CHUM.LY’s Services might contain links to third-party resources or websites. You hereby understand and agree that CHUM.LY is not liable or responsible for: (i) the accuracy of availability of such resources or websites; or (ii) the products, services or content, on or available, from these resources or websites. Any Links to these resources or websites in no way imply any endorsement by CHUM.LY of such resources, websites or the services, products or content from such resources or websites. You hereby do acknowledge the singular responsibility for and assume any and all risk that might arise from the use of these resources or websites.

Limitation of Liability

TO THE FULL EXTENT PROVIDED BY ANY AND ALL APPLICABLE LAWS, CHUM.LY AND CHUM.LY’S OFFICERS, AFFILIATES, AGENTS, SUBSIDIARIES, EMPLOYEES, PARTNERS, LICENSORS AND AGENTS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT ANY LIMITATION, LOSS OF DATA, USE, PROFITS, GOOD-WILL OR OTHER SORT OF INTANGIBLE LOSSES, AS A RESULT OF (i) YOUR USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THE CHUM.LY SERVICES; (ii) ANY CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE CHUM.LY SERVICES, INCLUDING WITHOUT ANY LIMITATION, ANY AND ALL DEFAMATORY, ILLEGAL OR OFFENSIVE CONDUCT OF OTHER THIRD PARTIES OR USERS; (iii) ANY AND ALL CONTENT OBTAINED FROM THE CHUM.LY SERVICES; AND (iv) UNAUTHORIZED USE, ALTERATION OR ACCESS OF YOUR CONTENT OR TRANSMISSIONS, WHETHER THEY ARE BASED ON TORT, CONTRACT, WARRANTY (INCLUDING ANY NEGLIGENCE) OR ANY LEGAL THEORY, REGARDLESS OF WHETHER OR NOT CHUM.LY’S BEEN TOLD OF THE POTENTIAL OF SUCH DAMAGE, AND REGARDLESS IF A REMEDY PROVIDED IN THIS DOCUMENT FAILS ITS FUNDAMENTAL PURPOSE.

Exclusions

Some jurisdictions don’t allow the omission of certain warranties or the omission or limitation of liability for incidental or consequential damages; as a result limitations set forth in the document might not pertain to you.

Waiver and Severability

Failure of CHUM.LY to enforce any provision or right the CHUM.LY Terms won’t be regarded as a waiver of such provision or right. Should any provision of the CHUM.LY Terms be found to be unenforceable or invalid, all remaining provisions of the CHUM.LY Terms shall remain in full force and effect.

Controlling Law and Jurisdiction

The CHUM.LY Terms and all actions related to these Terms shall be governed by the laws of the State of California regardless to or application of any conflict of the legal provisions or your country or state of residence. All legal proceedings, litigation or claims that may arise in connection with the CHUM.LY Services shall be brought solely in San Francisco County, California, and you hereby consent to this venue and jurisdiction and shall waive any and all objections as to this being an inconvenient forum. By accepting the CHUM.LY Terms on behalf of a United States federal government entity, which is somehow legally unable to accept the controlling jurisdiction, law or venue clauses stated above, those clauses don’t apply to you but rather the CHUM.LY Terms and any action related to these Terms shall be governed by laws of the USA.

Entire Agreement

The CHUM.LY Terms, Rules and the CHUM.LY Privacy Policy represent the entire and the exclusive agreement between you and CHUM.LY in regards to the CHUM.LY Services (with the exception of any services in which you have a separate contract with CHUM.LY that is explicitly in place of or in addition to the CHUM.LY Terms), and the CHUM.LY Terms shall replace and supersede any and all prior contracts between you and CHUM.LY regarding the CHUM.LY Services.

CHUM.LY might revise the CHUM.LY Terms occasionally and the most current version will be available at CHUM.LY.com/TERMS. Should the revision, at CHUM.LY’s sole discretion, be material CHUM.LY shall notify you using email to the address associated with your CHUM.LY account or an @CHUM.LY update. Should you continue to use or access the CHUM.LY Services after any revisions are made effective, you are agreeing to fully accept any such updated Terms.

These Services are provided and operated by Chumly, Inc., of Palo Alto, CA 94025. Should you have questions about the CHUM.LY Terms, please contact us at TERMS@CHUM.LY.