ATTENTION: BY ACTIVATING YOUR ACCOUNT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Chomp Media Inc. ("chomp!", "we", "our") offers internet advertising, data and content services and related Internet and customer support services, (collectively, the "Service(s)"). These terms and conditions ("Terms of Service") apply to the Services we offer to our customers ("you" or "your"), including anyone who purchases or uses our Services. By activating your Service you acknowledge receipt of and agree to be bound by these Terms of Service, as they may be modified from time to time. You must be of the age of majority in your province or territory of residence in order to activate Service with us.
Our Services are provided at our discretion. We can modify or cancel them for any reason, or take corrective action at anytime, without prior notice (unless required by law) for any reason, including, but not limited to, your violation of any of these Terms of Service. chomp! may also change these terms and conditions from time to time by posting the revised Terms of Service on our website. Your continued use of our Services is your confirmation to us of your continued unconditional acceptance of the then current Terms of Service. To stay up-to-date, please make sure to check our website, chomp.ca. You may not transfer your account to another party without our prior written approval. You must contact chomp! to do so and a transfer service fee may be charged.
Rates and charges
All rates are subject to change without prior notice, and additional regulatory surcharges and taxes may apply. Payments are non-refundable.
Pre-authorized payments
Subscription to chomp!'s Services requires registration to have payments for your chomp! account deducted automatically and on a recurring basis from your bank account or charged to your credit card. If you provide chomp! with credit card or debit account information in this regard, it will be verified through financial institutions and/or credit reporting agencies, and treated as Personal Information in accordance with our Privacy Policy. By registering, you expressly authorize chomp! to charge or collect any unpaid and outstanding amounts due under your account, including any Cancellation Fees applied if your Membership Agreement is terminated.
Acceptable use of our services
By using or accessing the Services you agree to use our Services in compliance with law, these Terms of Service and other chomp! price lists and use policies adopted from time to time. You agree not to use the Services in any way that is illegal, fraudulent or abusive, interferes with or disadvantages another subscriber's services or with the underlying network, consumes excessive network capacity or disadvantages other customers in chomp!'s reasonable opinion, or causes the underlying network, or our ability to provide services to others, to be adversely affected. You may not resell our Services. Transmission of SPAM using chomp!'s Services is prohibited. If it is discovered that unsolicited messages are sent from your chomp! account (whether intentionally or unintentionally) we will terminate your Service without further notice.
The suspension or termination of your service
chomp! may suspend or terminate some or all of your Services, and, if applicable, your Membership Agreement, at any time, without notice or liability, if we believe in our sole discretion that you have violated any of these Terms of Service or other applicable terms and conditions, policies or code of conduct applicable to your Services, including any violation of law, or if we determine that your account poses an unacceptable credit risk, that you have given us false, misleading or outdated information, you threaten, harass or abuse our staff or agents, or if we reasonably apprehend the occurrence of any such events. You agree that chomp! shall not be liable to you or to any other person as a result of any suspension or termination of your Services or your account due to your breach of these Terms. If you have an existing Membership Agreement when your Services are terminated, you will be required to pay a Cancellation Fee in addition to any other amounts due to chomp! as of the date your Services are terminated.
About activation data and your privacy
In order to activate your Service and fulfill our commitments to you, chomp! will collect certain identifiable information about you ("Personal Information") (e.g. name, contact information, credit card number if paying by credit card). This Personal Information will always be used and disclosed in accordance with our Privacy Policy, available at chomp.ca. Please review the important information contained in our Privacy Policy, incorporated by reference into these Terms. You acknowledge and agree that chomp! may contact you by phone, email, mail or in person in order to provide you with updates pertaining to its Services as well as information about additional offers, products or events that chomp! believes may be of interest to you.
chomp! has the right to monitor the use of the Services electronically from time to time and to disclose any information necessary to: (a) satisfy any legal, regulatory or other government request; (b) operate the Services properly; or (c) protect itself, other customers or users in accordance with the Privacy Policy. We reserve the right to refuse to post or to remove or limit access to any Materials or Content in whole or in part, that violates these Terms or is otherwise deemed objectionable by us in our sole discretion.
About system security and your passwords
Certain Services require registration, including our electronic billing system. When you register for such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You are solely responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration for the Service(s); and (b) all activities that occur under such password or account. You must immediately notify chomp! of any unauthorized use of your password or account. chomp!
shall not be responsible or liable in any way, directly or indirectly, for loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these requirements. You agree that chomp! may disclose and grant access to information regarding your account, to any person who properly provides your security passwords for such account.
chomp! assumes no responsibility for any problems or technical malfunction of any computer on-line systems, servers, access providers, computer equipment or software or failure of any information to be received by chomp! on account of technical problems. Any attempt to deliberately undermine the legitimate operation of any systems operated in conjunction with the Services is a violation of criminal and civil laws, and should such an attempt be made, chomp! reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
Our limited warranties
chomp! does not warrant or guarantee timely, secure, error-free or uninterrupted Service or that Services will be available at any specific time or in any geographic location. We do not guarantee that messages or content will be received or transmitted. Quality of Service may be affected by conditions beyond our control, including atmospheric, geographic or other conditions. We may give credit for continuous Service interruption of more than twenty-four (24) hours on a case-by-case basis, if such interruption was reasonably within our control, and if you notify us within seven (7) days of the interruption.
About downloads
Any software made available to you for downloading in connection with the Services is done so subject to applicable terms provided to you during the downloading process. You agree to review and abide by any applicable terms and assume all risk associated with the use of such software.
About content provided by you
Any text, pictures, graphics, audio or video clips, software and any other information transmitted through or to the Services by you or another chomp! customer or user ("Content") will be considered non-confidential and non-proprietary. chomp! and its Suppliers have no obligations with respect to Content. chomp!, its Suppliers and designees will be free to copy, disclose, distribute, incorporate and otherwise use the Content and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You agree to grant to chomp! a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, or publicly display any Content submitted, transmitted or posted through or on the Services. You agree that you shall have no recourse against chomp! for any alleged or actual infringement or misappropriation of any proprietary right in your Content. You may not upload, download, post, distribute, or otherwise transmit any Content that is unlawful, libellous, defamatory, slanderous, obscene, harassing, threatening, abusive, harmful, violates the privacy rights of others, or is otherwise objectionable, in our sole discretion. You may not upload, download, edit, modify or transmit any Content that may infringe on any patent, trade-mark, trade secret, copyright, or other intellectual property right of any person. Infringement may result from the unauthorized copying, posting, editing, modifying or distributing of any Content, including graphics, pictures, photographs, logos, software, articles, music or videos. By posting any Content, you represent that you have legal right to use, distribute, and publish such Content.
About our trade-marks
The "chomp" name and the chomp! signature logo, are trademarks and registered trademarks of Chomp Media Inc. Any use of Chomp Media Inc.'s trademarks without prior written authorization is expressly prohibited
The limitation of our liability
General
chomp! provides you with Services through other suppliers and third parties (together "Suppliers"). Your use of the Services of chomp! and equipment, facilities and services of Suppliers is at your own risk. Subject to the terms hereof, chomp! and the Suppliers will not be liable for any damages, losses of any kind or injury, including lost profits (regardless of whether we have been notified that such loss may occur) arising directly or indirectly from any of the following:
- Your use of the Services of chomp! and of the Suppliers, including the use of any facilities, equipment used in conjunction with such Services;
- Any act, mistake, omission, interruption, delay, error, defect or misrouting of communications by the Suppliers;
- Any failure that may arise from the facilities or equipment used by chomp! or the Suppliers;
- Libel, slander or defamation arising from material transmitted or received through the use of the Services and the services, equipment and facilities of the Suppliers;
- Infringement of patents, trade-marks or copyrights arising from combining or using the Services or equipment;
The limitations of liability apply to acts or omissions of chomp!, its partners, affiliates and Suppliers and each of their respective officers, directors, employees, suppliers, agents, consultants or other persons for whom in law such parties are responsible (together "Representatives"), which would give rise to a cause of action in tort, contract or any other doctrine of law.
Your indemnification of us
You agree to indemnify and hold chomp!, its partners, affiliates, and Suppliers and each of their respective Representatives harmless from any and all liabilities, penalties, claims, causes of action and judgements brought by third parties (including the costs, expenses and related reasonable legal fees) resulting from your use or misuse of the Services, or services of a supplier, or a breach of any of the Terms whether based in contract, tort (including strict liability) or other doctrine of law and regardless of the form of action.
How we'll attempt to resolve disputes
Subject to other legal rights and remedies available to you under applicable provincial consumer protection laws, and subject to your consent, you agree that a simplified arbitration proceeding by a sole arbitrator shall be the initial recourse used to resolve any claim or dispute (whether originating in contract or tort, or pursuant to any applicable statutes, regulations or common law principles and whether past, present or future) that arises out of or is related to: (a) these Terms; (b) any oral or written statements; or (c) any promotions or advertisements related to the chomp! Services. You and chomp! will make every reasonable effort to agree on the appointment of the arbitrator within fifteen (15) days of the commencement of the arbitration proceeding, failing which, the arbitrator will be appointed by the court in the province in which you reside.
How to notify us and how we'll notify you
You may notify us by mail sent to Chomp Media Inc., P.O. Box 22482 Bankers Hall, Calgary, AB, T2P5G7. Such notices will be considered effective when we receive them at the address noted above. Any notice we send you will be sent to your last known residence or electronic address as shown on our records..
The effects of these terms
These Terms (as may be from time to time amended in accordance with the provisions described above) together with all applicable policies referred to herein, constitute the entire agreement between you and chomp!. If any provision, or portion thereof, of these Terms is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such determination shall not impair or affect the validity, legality or enforceability of the remaining provisions. These Terms, including all matters relating to its interpretation, shall be governed by applicable federal law, and the laws and regulations of the province where you reside.
Made in Canada.