Chickenofthesea.com and Mymermaidclub.com is an online information and communications service provided by Chicken of the Sea International (“Provider”) subject to your agreement with all of the terms and conditions offered below. Read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by all of the terms and conditions below, which are intended to be fully effective and binding upon the Provider and users. The Provider may modify this Agreement at any time, and such modifications shall be effective immediately upon posting the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your accessing or using of the Service constitutes your acceptance of the Agreement as it appears at the time of your access or use.
The right to use Chickenofthesea.com and Mymermaidclub.com is personal and not transferable to any other person or entity. You are responsible for use of the service under your screen or password and for protection of your password once created.
You understand that the Provider cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Each Member is responsible for implementing sufficient procedures and checkpoints to satisfy his or her particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data. The Provider does not assume any responsibility or risk for your use of the Service.
THE PROVIDER DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE. EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED, THE PROVIDER DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. IN NO EVENT WILL THE PROVIDER BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICE.
You agree to use Chickenofthesea.com and Mymermaidclub.com for lawful purposes only. You may not post or transmit through Chickenofthesea.com and Mymermaidclub.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Chickenofthesea.com’s or Mymermaidclub.com’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in our discretion restricts or inhibits any other person from using or enjoying the Service will not be permitted. You shall not use Chickenofthesea.com or Mymermaidclub.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other online information services competitive with Chickenofthesea.com and Mymermaidclub.com.
Chickenofthesea.com and Mymermaidclub.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
You shall not upload, post or otherwise make available on Chickenofthesea.com or Mymermaidclub.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Chickenofthesea.com or Mymermaidclub.com, you automatically grant, or warrant that the owner of such material has expressly granted Chickenofthesea.com and Mymermaidclub.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user’s personal use. You hereby grant Chickenofthesea.com and Mymermaidclub.com the right to edit, copy, publish and distribute any material made available by you.
Potential users in any jurisdiction in the world, the common, statutory, regulatory, or codified law of which would void this Agreement in whole or in any essential part (the essential parts being at least, but not only, the exclusive venue and exclusive remedy provisions, and warranty disclaimer), or which makes accessing the Service illegal, are unauthorized to use the Service, and do so entirely at their own risk.
IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. A USER’S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
Chickenofthesea.com and Mymermaidclub.com shall have the right, but not the obligation, to monitor the content of the Service, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established and to satisfy any law, regulation or authorized government request. The Provider shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Chickenofthesea.com and Mymermaidclub.com. Without limiting the foregoing, the Provider shall have the right to remove any material that the Provider, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You agree to defend, indemnify and hold harmless Chicken of the Sea International, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Chickenofthesea.com or Mymermaidclub.com.