... continue from Terms of Use

 

LIMITATION ON LIABILITY

CHICKANO, ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND SHAREHOLDERS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF CHICKANO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL THE COLLECTIVE LIABILITY OF CHICKANO AND ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND SHAREHOLDERS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO POPEYES FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

 

INDEMNITY

By using the Websites, each User accepts all responsibility for and hereby indemnifies CHICKANO, its officers, directors, employees, agents, shareholders, content providers, service providers and contractors (the "Indemnified Parties") and agrees to hold them harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use.  You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of such parties in connection therewith.  You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Websites.

 

TRADEMARKS

Trademarks, service marks and logos appearing in the Websites are the property of CHICKANO or the party that provided the trademarks, service marks and/or logos to CHICKANO. CHICKANO and any party that provided trademarks, service marks and/or logos to CHICKANO retain all rights with respect to any of their respective trademarks, service marks and logos appearing in the Websites.

 

INFORMATION YOU PROVIDE

You may not post, send, submit, publish, or transmit in connection with the Websites any material that: you do not have the right to post, including proprietary material of any third party; advocates illegal activity or discusses an intent to commit an illegal act; is vulgar, obscene, violent, sexual, pornographic, discriminatory, or otherwise unprofessional or  indecent; does not pertain directly to the Websites; threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity; violates any law or may be considered to violate any law; impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Websites; solicits funds, advertisers or sponsors; includes programs which contain viruses, worms and/or "Trojan horses" or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Websites; includes MP3 format files; amounts to a 'pyramid' or similar scheme; disobeys any policy or regulations established from time to time regarding use of the Websites or any networks connected to the Websites; or contains links to other sites that contain content that falls within the descriptions set forth above. CHICKANO reserves the right to monitor use of the Websites to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your postings. You acknowledge and agree that neither CHICKANO nor any third party that provides Content to CHICKANO will assume or have any liability for any action or inaction by CHICKANO or such third party with respect to any posting.

 

SECURITY

Any passwords used for the Websites are for individual use only.  You are responsible for the security of your password (if any).  CHICKANO is entitled to monitor your password and, at its discretion, require you to change it.  If you use a password that CHICKANO considers insecure, CHICKANO may require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with the Websites to compromise security or tamper with system resources and/or accounts.  The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited.  If you become involved in any violation of system security, CHICKANO reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents.  CHICKANO reserves the right to investigate suspected violations of these Terms of Use.

CHICKANO reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing CHICKANO to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.  By accepting this Agreement you, your heirs and assigns, waive and hold harmless CHICKANO, its officers, directors, employees, agents, shareholders, content providers, service providers and contractors from any claims resulting from any action taken by CHICKANO during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either CHICKANO or law enforcement authorities.

 

ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

 

MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of SINGAPORE notwithstanding any principles of conflicts of law.  You specifically consent to personal jurisdiction in SINGAPORE in connection with any dispute between you and CHICKANO arising out of these Terms of Use or pertaining to the subject matter hereof.  The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter hereof shall be in the state and/or the court of SINGAPORE.  If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.  These Terms of Use constitute the entire agreement among the parties relating to the subject matter hereof.  CHICKANO may revise these Terms of Use at any time by updating this posting.

 

Last updated: February 2020

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