Terms of Use

 

The Parties

 

The following Terms of Use constitute a binding Agreement between You ("User") and Click Busy Media, Inc. ("Publisher"), a California corporation, doing business as Chowcow.com (the "Website"). By using, registering, or returning to Chowcow.com at anytime, you agree to be bound by this Agreement.

 

Acceptance

 

By posting or viewing a classified listing on Chowcow.com, You agree to be bound by all of the terms, conditions and notices contained or referenced in these Terms. You should review these Terms of Use from time to time as Publisher may change any of these Terms of Use at any time and for any reason by posting revisions to this page. Your continued use of the Chowcow.com constitutes your acceptance of the revised Terms of Use. If you do not accept all of these Terms of Use, you are not authorized by Publisher to post or view any classified listing(s) on Chowcow.com. These Terms of Use are effective upon acceptance for new users and are otherwise effective on May 25, 2010.

 

Minimum Age Requirement

 

You must be 18 years of age or older to use Chowcow.com. Individuals under the age of eighteen (18) are not permitted to post or view classified listings on Chowcow.com.

 

Duplicate Accounts

 

Duplicate Accounts are strictly prohibited on Chowcow.com. By using Chowcow.com, you hereby agree NOT to create duplicate accounts for purposes of spamming on Chowcow.com. All duplicated accounts detected by our website administrators will result in immediate termination of the duplicate account or all of your accounts on Chowcow.com. 

 

Content

 

Click Busy Media, Inc., and Chowcow.com are not responsible for Content made available through Classified Listings on this Website. You understand and agree that all Classified Listings, messages, text, images, photos, video, or other materials ("User Generated Content") posted on, transmitted through, or linked from Chowcow.com are the sole responsibility of the person or organization that posted such Content.

 

By using Chowcow.com, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. Under no circumstances will Click Busy Media, Inc., or Chowcow.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of Your use of any Content posted, emailed, linked or otherwise made available through Chowcow.com.

 

Furthermore, You are responsible for any Content You post on Chowcow.com and for the consequences of any such Content. You agree to comply with all applicable laws, rules and regulations, including without limitation, state and Federal laws. Certain states prohibit the sale of select products. It is your responsibility to conduct the necessary research to make sure that products you are selling are not subject to any rules or regulations.

 

Although Click Busy Media, Inc., and Chowcow.com do not claim ownership of User Generated Content, by posting Content to Chowcow.com, You grant, and you represent and warrant that you have the right to grant, to Click Busy Media, Inc., and Chowcow.com an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, copy, perform, display and distribute any Content you post to Chowcow.com and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses through multiple tiers of the foregoing.

 

You understand and agree that Chowcow.com, in its sole discretion, may refuse, move or delete any Content for any reason, including without limitation, Content posted in a wrong category.

 

Code of Conduct

 

You agree NOT to post, link to, email, or otherwise make available Content:

 

  1. That is unlawful, harmful, threatening, harassing, libelous, abusive, defamatory, is harmful to minors, or invades anyone's privacy.
  2. That is pornography, human engagement in any sexual behavior, whether between heterosexual or same sex couples. Any content containing bestiality, masturbation, sadistic or masochistic behavior, any pictures or images of human or animal genitals or the pubic area, or children in sexual behavior or anything that looks like sexual behavior.
  3. That degrades, harasses, intimidates, or promotes hate of violence against an individual or groups of individuals based on gender, age, race, sexual orientation, ethnicity, religious beliefs, or political views. 
  4. That violates any international, federal, state, local laws or regulations. 
  5. That violates any federal, state, or local Equal Employment Opportunity laws, specially content limiting employment opportunities to a certain race, color, religion, sex, nationality, or age, or discriminates based on disability.
  6. That violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency or work permit, as a condition for employment, unless otherwise required by law, regulation, executive order, or any federal, state, or local laws or regulations. 
  7. That violates the Fair Housing Act or any other federal, state, or local law by limiting the sale or rental of any house, apartment, room, or any other dwelling, by limiting availability based on race, color, religion, sex, nationality, or age, or discriminates based on disability. 
  8. That impersonates any Chowcow.com or Click Busy Media, Inc., employee, government official, or any other person or entity, or falsely states your affiliation with any such person or entity. 
  9. That is false, misleading, deceptive; or intended to deceive, defraud, mislead, or serve as "bait and switch."
  10. That includes private, personal, or identifying information about another person without that person's written consent.
  11. That infringes the intellectual property of any person or entity, including, but not limited to, patents, trademarks, copyrights, trade secret, or any other proprietary rights of such person or entity.
  12. That includes links or references to commercial websites, except as permitted under the Services section.
  13. That constitutes affiliate marketing, or contains link referral codes, spam, chain letters, pyramid schemes, junk mail, or commercial advertisements.
  14. That offers for sale, any illegal or prohibited goods or services, prohibited or restricted by any federal, state, or local law. A partial list of prohibited items and services is listed below under the Prohibited Items / Services section. 
  15. That contains any software, files, computer codes, or programs containing viruses, or designed to interrupt, limit, or destroy the functionality of the computers or communication devices of others, Chowcow.com, or Click Busy Media, Inc

 

Prohibited Items / Services

 

Coming Soon!

 

No Spam Policy

 

Spamming on or through Chowcow.com is strictly prohibited. If you spam on or through Chowcow.com, your account will immediately be terminated. 

 

Disclaimer of Liability

 

You expressly agree that Your use of Chowcow.com is at your own risk. The content found on Chowcow.com is user generated and Publisher shall not be responsible for any content found on Chowcow.com. There is no warranty that your access to or use of Chowcow.com will be uninterrupted or error free, or that any particular results may be obtained by use of this Website. Chowcow.com is made available on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, non-infringement, or otherwise, other than those which are implied by, and incapable of exclusion, restriction, or modification under, the laws applicable to this Agreement.

 

Neither Click Busy Media, Inc., Chowcow.com, nor any other person or entity providing content via Chowcow.com shall be liable to you for any direct, indirect, incidental, special, or consequential damages. If you are dissatisfied with Chowcow.com, or any aspect thereof, or do not agree with these Terms, your only recourse and exclusive remedy shall be to stop using the Website or delete your account.

 

Intellectual Property

 

With the exception of User Generated Content (Classified Listings), all materials, including without limitation, the text, software, scripts, graphics, images, video, animations, and the like ("Materials") and the trademarks, service marks and logos contained therein (the "Marks"), are owned by or licensed to Click Busy Media, Inc., subject to copyright and other intellectual property rights under the law of the United States of America.

 

Materials on Chowcow.com are provided to You AS IS for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Click Busy Media, Inc., or the respective owners. Publisher reserves all rights not expressly granted in and to Chowcow.com and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials herein other than as expressly permitted in these Terms of Use, including any use, copying, or distribution of user Content of third parties obtained through Chowcow.com for any commercial use. 

 

If you feel that your copyrights or intellectual property rights are being violated in anyway by anyone using Chowcow.com, you may submit a notify us by sending an email to legal@chowcow.com or sending a letter to:

 

Click Busy Media, Inc.

Attention Legal Department

25061 Avenue Stanford, Suite 30

Valencia, California 91355

 

Your letter must include the following in order for our Legal Department to take action:

 

  1. Your full name, address, phone number, and email address.
  2. A detailed description of the post / user that you feel is infringing on your copyright or intellectual property rights to help us locate such post or user. 
  3. A statement by YOU indicating that the user who you claim is infringing your copyrights or intellectual property is not authorized by you or the copyright owner, its agents, or the law, to use such information.
  4. A statement by YOU, made under penalty of perjury, indicating that the information you provided in this letter is true and accurate, that you are either the owner or an authorized agent of the owner of the copyright or intellectual property, and that you are authorized to make the claims or allegations you have made. 
  5. Your signature.

If our Legal Department decides that your claim is true and accurate based on the information we receive, we will remove the post, and in our sole and absolute discretion, we may decide to terminate the infringing user's account. This is the ONLY recourse we offer. 

 

Third Party Links

 

Chowcow.com contains links to third party websites over which Publisher has no control. Click Busy Media, Inc., makes no representations about any content or material found on such third party websites. Links to third party websites are not intended to imply sponsorship, affiliation, or endorsement of these websites. You hereby indicate that you understand and agree that you access these websites at your own risk.

 

Indemnity

 

You agree to indemnify and hold harmless all persons, including but not limited to the Publisher and all other users of this site, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Chowcow.com, Your violation of these Terms, or Your infringement of any intellectual property or other right of any person or entity. 

 

Legal Disputes

 

Click Busy Media, Inc., and Chowcow.com are located in Santa Clarita, California and our servers are located in the United States of America. In the event of any dispute arising out of or relating to Your use of Chowcow.com, You hereby agree that the this Agreement has been construed under the laws of the State of California and the exclusive venue for litigating disputes shall be in the State of California, County of Los Angeles. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Your use of Chowcow.com or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

Privacy Policy

 

Your use of Chowcow.com is subject to our Privacy Policy, which explains how we collected and use Your information. A copy of our current Privacy Policy can be found by clicking here or “Privacy Policy” at the bottom of the every page on Chowcow.com. Your use of Chowcow.com indicates your acknowledgement of and acceptance of our Privacy Policy.