This policy is effective as of 26 August 2021.
+Last updated: 11 September 2023
+ ++ This acceptable use policy covers the products, services, and technologies + (collectively referred to as the “Services”) provided by + ChilliCream Inc. under any ongoing agreement. It’s designed to protect us, our + customers, and the general Internet community from unethical, irresponsible, + and illegal activity. +
++ ChilliCream Inc. customers found engaging in activities prohibited by this + acceptable use policy can be liable for service suspension and account + termination. In extreme cases, we may be legally obliged to report such + customers to the relevant authorities. +
+ ++ We provide our facilities with the assumption your use will be “business + as usual”, as per our offer schedule. If your use is considered to be + excessive, then additional fees may be charged, or capacity may be restricted. +
++ We are opposed to all forms of abuse, discrimination, rights infringement, + and/or any action that harms or disadvantages any group, individual, or + resource. We expect our customers and, where applicable, their users + (“end-users”) to likewise engage our Services with similar intent. +
+ ++ We regard our customers as being responsible for their own actions as well as + for the actions of anyone using our Services with the customer’s permission. + This responsibility also applies to anyone using our Services on an + unauthorized basis as a result of the customer’s failure to put in place + reasonable security measures. +
++ By accepting Services from us, our customers agree to ensure adherence to this + policy on behalf of anyone using the Services as their end users. Complaints + regarding the actions of customers or their end-users will be forwarded to the + nominated contact for the account in question. +
++ If a customer — or their end-user or anyone using our Services as a result of + the customer — violates our acceptable use policy, we reserve the right to + terminate any Services associated with the offending account or the account + itself or take any remedial or preventative action we deem appropriate, + without notice. To the extent permitted by law, no credit will be available + for interruptions of service resulting from any violation of our acceptable + use policy. +
+ ++ Our Services must not be used to transmit, distribute or store any material in + violation of any applicable law. This includes but isn’t limited to: +
++ The customer is solely responsible for all material they input, upload, + disseminate, transmit, create or publish through or on our Services, and for + obtaining legal permission to use any works included in such material. +
++ Our Services must not be used for the purpose of sending unsolicited bulk or + commercial messages in violation of the laws and regulations applicable to + your jurisdiction (“spam”). This includes but isn’t limited to sending spam, + soliciting customers from spam sent from other service providers, and + collecting replies to spam sent from other service providers. +
++ Our Services must not be used for the purpose of running unconfirmed mailing + lists or telephone number lists (“messaging lists”). This includes + but isn’t limited to subscribing email addresses or telephone numbers to any + messaging list without the permission of the email address or telephone number + owner, and storing any email addresses or telephone numbers subscribed in this + way. All messaging lists run on or hosted by our Services must be + “confirmed opt-in”. Verification of the address or telephone + number owner’s express permission must be available for the lifespan of the + messaging list. +
++ We prohibit the use of email lists, telephone number lists or databases + purchased from third parties intended for spam or unconfirmed messaging list + purposes on our Services. +
++ This spam and unauthorized message activity policy applies to messages sent + using our Services, or to messages sent from any network by the customer or + any person on the customer’s behalf, that directly or indirectly refer the + recipient to a site hosted via our Services. +
++ Our Services must not be used for the purpose of advertising, transmitting, or + otherwise making available any software, program, product, or service designed + to violate this acceptable use policy, or the acceptable use policy of other + service providers. This includes but isn’t limited to facilitating the means + to send spam and the initiation of network sniffing, pinging, packet spoofing, + flooding, mail-bombing, and denial-of-service attacks. +
++ Our Services must not be used to access any account or electronic resource + where the group or individual attempting to gain access does not own or is not + authorized to access the resource (e.g. “hacking”, + “cracking”, “phreaking”, etc.). +
++ Our Services must not be used for the purpose of intentionally or recklessly + introducing viruses or malicious code into our Services and systems. +
++ Our Services must not be used for purposely engaging in activities designed to + harass another group or individual. Our definition of harassment includes but + is not limited to denial-of-service attacks, hate-speech, advocacy of racial + or ethnic intolerance, and any activity intended to threaten, abuse, infringe + upon the rights of, or discriminate against any group or individual. +
++ Other activities considered unethical, exploitative, and malicious include: +
++ Our Services may not be used by any person or entity, which is involved with + or suspected of involvement in activities or causes relating to illegal + gambling; terrorism; narcotics trafficking; arms trafficking or the + proliferation, development, design, manufacture, production, stockpiling, or + use of nuclear, chemical or biological weapons, weapons of mass destruction, + or missiles; in each case including any affiliation with others whatsoever who + support the above such activities or causes. +
++ We prohibit the impersonation of ChilliCream Inc., the representation of a + significant business relationship with ChilliCream Inc., or ownership of any + ChilliCream Inc. property (including our Services and brand) for the purpose + of fraudulently gaining service, custom, patronage, or user trust. +
+ ++ This policy outlines a non-exclusive list of activities and intent we deem + unacceptable and incompatible with our brand. +
++ We reserve the right to modify this policy at any time by publishing the + revised version on our website. The revised version will be effective from the + earlier of: +
+This policy is effective as of 26 August 2021.
+Last updated: 11 September 2023
+ ++ We use cookies to help improve your experience of our Websites, which refers + to + https://chillicream.com as well as other + websites operated by ChilliCream Inc. and that link to this policy. This + cookie policy is part of ChilliCream Inc.'s privacy policy. It covers the + use of cookies between your device and our site. +
++ We also provide basic information on third-party services we may use, who may + also use cookies as part of their service. This policy does not cover their + cookies. +
++ If you don’t wish to accept cookies from us, you should instruct your browser + to refuse cookies from + https://chillicream.com or the relevant + domain operated by us. In such a case, we may be unable to provide you with + some of your desired content and services. +
+ ++ A cookie is a small piece of data that a website stores on your device when + you visit. It typically contains information about the website itself, a + unique identifier that allows the site to recognize your web browser when you + return, additional data that serves the cookie’s purpose, and the lifespan of + the cookie itself. +
++ Cookies are used to enable certain features (e.g. logging in), track site + usage (e.g. analytics), store your user settings (e.g. time zone, notification + preferences), and to personalize your content (e.g. advertising, language). +
++ Cookies set by the website you are visiting are usually referred to as + first-party cookies. They typically only track your activity on that + particular site. +
++ Cookies set by other sites and companies (i.e. third parties) are called + third-party cookies They can be used to track you on other websites that use + the same third-party service. +
+ ++ Essential cookies are crucial to your experience of a website, enabling core + features like user logins, account management, shopping carts, and payment + processing. +
+We use essential cookies to enable certain functions on our website.
++ Performance cookies track how you use a website during your visit. Typically, + this information is anonymous and aggregated, with information tracked across + all site users. They help companies understand visitor usage patterns, + identify and diagnose problems or errors their users may encounter, and make + better strategic decisions in improving their audience’s overall website + experience. These cookies may be set by the website you’re visiting + (first-party) or by third-party services. They do not collect personal + information about you. +
+We use performance cookies on our site.
++ Functionality cookies are used to collect information about your device and + any settings you may configure on the website you’re visiting (like language + and time zone settings). With this information, websites can provide you with + customized, enhanced, or optimized content and services. These cookies may be + set by the website you’re visiting (first-party) or by third-party services. +
+We use functionality cookies for selected features on our site.
++ Targeting/advertising cookies help determine what promotional content is most + relevant and appropriate to you and your interests. Websites may use them to + deliver targeted advertising or limit the number of times you see an + advertisement. This helps companies improve the effectiveness of their + campaigns and the quality of content presented to you. These cookies may be + set by the website you’re visiting (first-party) or by third-party services. + Targeting/advertising cookies set by third-parties may be used to track you on + other websites that use the same third-party service. +
+We do not use this type of cookie on our site.
diff --git a/website/static/legal/privacy-policy.html b/website/static/legal/privacy-policy.html new file mode 100644 index 00000000000..a86ef4e4d41 --- /dev/null +++ b/website/static/legal/privacy-policy.html @@ -0,0 +1,728 @@ +This policy is effective as of 26 August 2021.
+Last updated: 11 September 2023
+ ++ Your privacy is important to us. It is ChilliCream Inc.'s policy to + respect your privacy and comply with any applicable law and regulation + regarding any personal information we may collect about you, including across + our "Services", which refers collectively to: (1) + https://chillicream.com and any other + websites we operate and that link to this policy (collectively, "Websites"), + and (2) all versions of ChilliCream software, platforms or services (including + but not limited to Banana Cake Pop). +
++ Personal information is any information about you which can be used to + identify you. This includes information about you as a person (such as name, + address, and date of birth), your devices, payment details, and even + information about how you use a website or online service. +
++ In the event our Services contains links to third-party sites and services, + please be aware that those sites and services have their own privacy policies. + After following a link to any third-party content, you should read their + posted privacy policy information about how they collect and use personal + information. This Privacy Policy does not apply to any of your activities + after you leave our Services. +
+ ++ Information we collect falls into one of two categories: “voluntarily + provided” information and “automatically collected” + information. +
++ “Voluntarily provided” information refers to any information you + knowingly and actively provide us when using or participating in any of our + Services and promotions. +
++ “Automatically collected” information refers to any information + automatically sent by your devices in the course of accessing our Services. +
+ ++ When you visit or use our Services, our servers may automatically log the + standard data provided by your web browser or the service used. It may include + your device’s Internet Protocol (IP) address, your browser type and version, + the pages you visit, the time and date of your visit, the time spent on each + page, and other details about your visit. +
++ Additionally, if you encounter certain errors while using the Services, we may + automatically collect data about the error and the circumstances surrounding + its occurrence. This data may include technical details about your device, + what you were trying to do when the error happened, and other technical + information relating to the problem. You may or may not receive notice of such + errors, even in the moment they occur, that they have occurred, or what the + nature of the error is. +
++ Please be aware that while this information may not be personally identifying + by itself, it may be possible to combine it with other data to personally + identify individual persons. +
+ ++ When you visit or interact with our Services, we may automatically collect + data about your device, such as: +
++ Data we collect can depend on the individual settings of your device and + software. We recommend checking the policies of your device manufacturer or + software provider to learn what information they make available to us. +
+ ++ We may ask for personal information — for example, when you subscribe to our + newsletter or when you contact us — which may include one or more of the + following: +
++ We only collect and use your personal information when we have a legitimate + reason for doing so. In which instance, we only collect personal information + that is reasonably necessary to provide our services to you. +
+ ++ We may collect personal information from you when you do any of the following + on our Services: +
++ We may collect, hold, use, and disclose information for the following + purposes, and personal information will not be further processed in a manner + that is incompatible with these purposes: +
++ We may combine voluntarily provided and automatically collected personal + information with general information or research data we receive from other + trusted sources. For example, Our marketing and market research activities may + uncover data and insights, which we may combine with information about how + visitors use our Services to improve our Services and your experience on it. +
+ ++ When we collect and process personal information, and while we retain this + information, we will protect it within commercially acceptable means to + prevent loss and theft, as well as unauthorized access, disclosure, copying, + use, or modification. +
++ Although we will do our best to protect the personal information you provide + to us, we advise that no method of electronic transmission or storage is 100% + secure, and no one can guarantee absolute data security. +
++ You are responsible for selecting any password and its overall security + strength, ensuring the security of your own information within the bounds of + our Services. For example, ensuring any passwords associated with accessing + your personal information and accounts are secure and confidential. +
++ We keep your personal information only for as long as we need to. This time + period may depend on what we are using your information for, in accordance + with this privacy policy. For example, if you have provided us with personal + information as part of creating an account with us, we may retain this + information for the duration your account exists on our system. If your + personal information is no longer required for this purpose, we will delete it + or make it anonymous by removing all details that identify you. +
++ However, if necessary, we may retain your personal information for our + compliance with a legal, accounting, or reporting obligation or for archiving + purposes in the public interest, scientific, or historical research purposes + or statistical purposes. +
++ We do not aim any of our products or Services directly at children under the + age of 13, and we do not knowingly collect personal information about children + under 13. +
+ +We may disclose personal information to:
+Third parties we currently use can be found in the section Data Storage Providers
+ ++ The personal information we collect is stored and/or processed in United + States, Netherlands, Ireland, Germany, and Switzerland, or where we or our + partners, affiliates, and third-party providers maintain facilities. +
++ The countries to which we store, process, or transfer your personal + information may not have the same data protection laws as the country in which + you initially provided the information. If we transfer your personal + information to third parties in other countries: (i) we will perform those + transfers in accordance with the requirements of applicable law; and (ii) we + will protect the transferred personal information in accordance with this + privacy policy. +
+ ++ Your choice: By providing personal information to us, you + understand we will collect, hold, use, and disclose your personal information + in accordance with this privacy policy. You do not have to provide personal + information to us, however, if you do not, it may affect your use of our + Services or the products and/or services offered on or through it. +
++ Information from third parties: If we receive personal + information about you from a third party, we will protect it as set out in + this privacy policy. If you are a third party providing personal information + about somebody else, you represent and warrant that you have such person’s + consent to provide the personal information to us. +
++ Marketing permission: If you have previously agreed to us + using your personal information for direct marketing purposes, you may change + your mind at any time by contacting us using the details below. +
++ Access: You may request details of the personal information + that we hold about you. +
++ Correction: If you believe that any information we hold about + you is inaccurate, out of date, incomplete, irrelevant, or misleading, please + contact us using the details provided in this privacy policy. We will take + reasonable steps to correct any information found to be inaccurate, + incomplete, misleading, or out of date. +
++ Non-discrimination: We will not discriminate against you for + exercising any of your rights over your personal information. Unless your + personal information is required to provide you with a particular service or + offer (for example providing user support), we will not deny you goods or + services and/or charge you different prices or rates for goods or services, + including through granting discounts or other benefits, or imposing penalties, + or provide you with a different level or quality of goods or services. +
++ Notification of data breaches: We will comply with laws + applicable to us in respect of any data breach. +
++ Complaints: If you believe that we have breached a relevant + data protection law and wish to make a complaint, please contact us using the + details below and provide us with full details of the alleged breach. We will + promptly investigate your complaint and respond to you, in writing, setting + out the outcome of our investigation and the steps we will take to deal with + your complaint. You also have the right to contact a regulatory body or data + protection authority in relation to your complaint. +
++ Unsubscribe: To unsubscribe from our email database or + opt-out of communications (including marketing communications), please contact + us using the details provided in this privacy policy, or opt-out using the + opt-out facilities provided in the communication. We may need to request + specific information from you to help us confirm your identity. +
+ ++ We use “cookies” to collect information about you and your + activity across our Services. A cookie is a small piece of data that our + Websites store on your computer, and access each time you visit, so we can + understand how you use our site. This helps us serve you content based on + preferences you have specified. +
+Please refer to our Cookie Policy for more information.
+ ++ If we or our assets are acquired, or in the unlikely event that we go out of + business or enter bankruptcy, we would include data, including your personal + information, among the assets transferred to any parties who acquire us. You + acknowledge that such transfers may occur, and that any parties who acquire us + may, to the extent permitted by applicable law, continue to use your personal + information according to this policy, which they will be required to assume as + it is the basis for any ownership or use rights we have over such information. +
+ ++ Our Services may link to external sites that are not operated by us. Please be + aware that we have no control over the content and policies of those sites, + and cannot accept responsibility or liability for their respective privacy + practices. +
+ ++ At our discretion, we may change our privacy policy to reflect updates to our + business processes, current acceptable practices, or legislative or regulatory + changes. If we decide to change this privacy policy, we will post the changes + here at the same link by which you are accessing this privacy policy. +
++ If the changes are significant, or if required by applicable law, we will + contact you (based on your selected preferences for communications from us) + and all our registered users with the new details and links to the updated or + changed policy. +
++ If required by law, we will get your permission or give you the opportunity to + opt in to or opt out of, as applicable, any new uses of your personal + information. +
+ ++ Where the disclosure of your personal information is solely subject to + Australian privacy laws, you acknowledge that some third parties may not be + regulated by the Privacy Act and the Australian Privacy Principles in the + Privacy Act. You acknowledge that if any such third party engages in any act + or practice that contravenes the Australian Privacy Principles, it would not + be accountable under the Privacy Act, and you will not be able to seek redress + under the Privacy Act. +
+ ++ The GDPR distinguishes between organisations that process personal information + for their own purposes (known as “data controllers”) and + organizations that process personal information on behalf of other + organizations (known as “data processors”). We, ChilliCream Inc., + located at the address provided in our Contact Us section, are a Data + Controller with respect to the personal information you provide to us. +
+ ++ We will only collect and use your personal information when we have a legal + right to do so. In which case, we will collect and use your personal + information lawfully, fairly, and in a transparent manner. If we seek your + consent to process your personal information, and you are under 16 years of + age, we will seek your parent or legal guardian’s consent to process your + personal information for that specific purpose. +
++ Our lawful bases depend on the services you use and how you use them. This + means we only collect and use your information on the following grounds: +
+ ++ Where you give us consent to collect and use your personal information for a + specific purpose. You may withdraw your consent at any time using the + facilities we provide; however this will not affect any use of your + information that has already taken place. You may consent to providing your + email address for the purpose of receiving marketing emails from us. While you + may unsubscribe at any time, we cannot recall any email we have already sent. + If you have any further enquiries about how to withdraw your consent, please + feel free to enquire using the details provided in the Contact Us section of + this privacy policy. +
++ Where you have entered into a contract or transaction with us, or in order to + take preparatory steps prior to our entering into a contract or transaction + with you. For example, if you contact us with an enquiry, we may require + personal information such as your name and contact details in order to + respond. +
++ Where we assess it is necessary for our legitimate interests, such as for us + to provide, operate, improve and communicate our services. We consider our + legitimate interests to include research and development, understanding our + audience, marketing and promoting our services, measures taken to operate our + services efficiently, marketing analysis, and measures taken to protect our + legal rights and interests. +
+ ++ In some cases, we may have a legal obligation to use or keep your personal + information. Such cases may include (but are not limited to) court orders, + criminal investigations, government requests, and regulatory obligations. If + you have any further enquiries about how we retain personal information in + order to comply with the law, please feel free to enquire using the details + provided in the Contact Us section of this privacy policy. +
+ ++ We will ensure that any transfer of personal information from countries in the + European Economic Area (EEA) to countries outside the EEA will be protected by + appropriate safeguards, for example by using standard data protection clauses + approved by the European Commission, or the use of binding corporate rules or + other legally accepted means. +
++ Restrict: You have the right to request that we restrict the + processing of your personal information if (i) you are concerned about the + accuracy of your personal information; (ii) you believe your personal + information has been unlawfully processed; (iii) you need us to maintain the + personal information solely for the purpose of a legal claim; or (iv) we are + in the process of considering your objection in relation to processing on the + basis of legitimate interests. +
++ Objecting to processing: You have the right to object to + processing of your personal information that is based on our legitimate + interests or public interest. If this is done, we must provide compelling + legitimate grounds for the processing which overrides your interests, rights, + and freedoms, in order to proceed with the processing of your personal + information. +
++ Data portability: You may have the right to request a copy of + the personal information we hold about you. Where possible, we will provide + this information in CSV format or other easily readable machine format. You + may also have the right to request that we transfer this personal information + to a third party. +
++ Deletion: You may have a right to request that we delete the + personal information we hold about you at any time, and we will take + reasonable steps to delete your personal information from our current records. + If you ask us to delete your personal information, we will let you know how + the deletion affects your use of our Services. There may be exceptions to this + right for specific legal reasons which, if applicable, we will set out for you + in response to your request. If you terminate or delete your account, we will + delete your personal information within 180 days of the deletion of your + account. Please be aware that search engines and similar third parties may + still retain copies of your personal information that has been made public at + least once, like certain profile information and public comments, even after + you have deleted the information from our services or deactivated your + account. +
+ ++ Under California Civil Code Section 1798.83, if you live in California and + your business relationship with us is mainly for personal, family, or + household purposes, you may ask us about the information we release to other + organizations for their marketing purposes. +
++ To make such a request, please contact us using the details provided in this + privacy policy with “Request for California privacy information” + in the subject line. You may make this type of request once every calendar + year. We will email you a list of categories of personal information we + revealed to other organisations for their marketing purposes in the last + calendar year, along with their names and addresses. Not all personal + information shared in this way is covered by Section 1798.83 of the California + Civil Code. +
++ Some browsers have a “Do Not Track” feature that lets you tell + websites that you do not want to have your online activities tracked. At this + time, we do not respond to browser “Do Not Track” signals. +
++ We adhere to the standards outlined in this privacy policy, ensuring we + collect and process personal information lawfully, fairly, transparently, and + with legitimate, legal reasons for doing so. +
++ At all times, you may decline cookies from our Websites if your browser + permits. Most browsers allow you to activate settings on your browser to + refuse the setting of all or some cookies. Accordingly, your ability to limit + cookies is based only on your browser’s capabilities. Please refer to the + Cookies section of this privacy policy for more information. +
++ In accordance with your right to non-discrimination, we may offer you certain + financial incentives permitted by the CCPA that can result in different + prices, rates, or quality levels for the goods or services we provide. +
++ Any CCPA-permitted financial incentive we offer will reasonably relate to the + value of your personal information, and we will provide written terms that + describe clearly the nature of such an offer. Participation in a financial + incentive program requires your prior opt-in consent, which you may revoke at + any time. +
++ In the past 12 months, we have collected the following categories of personal + information enumerated in the California Consumer Privacy Act: +
++ For more information on information we collect, including the sources we + receive information from, review the “Information We Collect” + section. We collect and use these categories of personal information for the + business purposes described in the “Collection and Use of + Information” section, including to provide and manage our Service. +
++ If you are a California resident, you have rights to delete your personal + information we collected and know certain information about our data practices + in the preceding 12 months. In particular, you have the right to request the + following from us: +
++ To exercise any of these rights, please contact us using the details provided + in this privacy policy. +
++ If you are a California resident, in addition to the rights discussed above, + you have the right to request information from us regarding the manner in + which we share certain personal information as defined by California’s + “Shine the Light” with third parties and affiliates for their own + direct marketing purposes. +
++ To receive this information, send us a request using the contact details + provided in this privacy policy. Requests must include “California + Privacy Rights Request” in the first line of the description and include + your name, street address, city, state, and ZIP code. +
+ +We utilize a variety of cloud storage providers to manage and process data. Below is a list of these providers along + with their respective locations:
+It's important to note that while we choose our storage providers with careful consideration, all data storage + carries inherent risks. We work with our partners to maintain the integrity of our services. Any updates or changes to + our storage providers will be reflected in this section, and we'll notify our users as outlined in our 'Changes to + This Policy' section. Should you have questions about our data storage practices, please reach out to us at + contact@chillicream.com. +
+ ++ For any questions or concerns regarding your privacy, you may contact us using + the following details: +
+
+ The ChilliCream Team
+ contact@chillicream.com
+
This policy is effective as of 26 August 2021.
+Last updated: 11 September 2023
+ ++ These Terms of Service govern your use of our "Services", which refers + collectively to: (1) + https://chillicream.com and any other + websites we operate and that link to this policy (collectively, "Websites"), + and (2) all versions of ChilliCream software, platforms or services (including + but not limited to Banana Cake Pop). +
++ By downloading, installing, using or accessing the Services, you agree that + you have read and understood these Terms of Service, that you will abide by + them and that you agree to comply with all applicable laws and regulations. If + you do not agree with these Terms of Service, you are prohibited from using or + accessing the Services provided by ChilliCream Inc.. +
++ We, ChilliCream Inc., reserve the right to review and amend any of these Terms + of Service at our sole discretion. Upon doing so, we will update this page. + Any changes to these Terms of Service will take effect immediately from the + date of publication. +
+ ++ By using the Services, you warrant on behalf of yourself, your users, and + other parties you represent that you will not: +
++ ChilliCream Inc. grants you a non-exclusive, non-transferable, revocable, + non-sublicensable right to use the software application Banana Cake Pop on + your computer. That right will terminate on any violation of these Terms of + Service. +
+ ++ ChilliCream Inc. Services contain third party code and libraries licensed to + us. That includes open source software, of which your right to their use shall + be governed by their license agreement instead of this Terms of Service + document. +
+ ++ ChilliCream Inc. may release preview versions of our Services for evaluation + and testing to you. These come as-is, with no guarantees, and may be removed + or modified without notice. Their use is entirely at your own risk, and you + accept that these versions may not have been subject to the same security + checks, compatibility, stability and so on as non-preview versions of our + Services. You should not use them in production environments or environments + with sensitive data. +
+ ++ The intellectual property in the materials contained in the Services are owned + by or licensed to ChilliCream Inc. and are protected by applicable copyright + and trademark law. We grant our users permission to download one copy of the + materials for personal, non-commercial transitory use. +
++ This constitutes the grant of a license, not a transfer of title. This license + shall automatically terminate if you violate any of these restrictions or the + Terms of Service, and may be terminated by ChilliCream Inc. at any time. +
+ ++ Our Services and the materials on them are provided on an 'as is' basis. To + the extent permitted by law, ChilliCream Inc. makes no warranties, expressed + or implied, and hereby disclaims and negates all other warranties including, + without limitation, implied warranties or conditions of merchantability, + fitness for a particular purpose, or non-infringement of intellectual + property, or other violation of rights. +
++ In no event shall ChilliCream Inc. or its suppliers be liable for any + consequential loss suffered or incurred by you or any third party arising from + the use or inability to use the Services or its materials, even if ChilliCream + Inc. or an authorized representative has been notified, orally or in writing, + of the possibility of such damage. +
++ In the context of this agreement, “consequential loss” includes + any consequential loss, indirect loss, real or anticipated loss of profit, + loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of + opportunity, loss of savings, loss of reputation, loss of use and/or loss or + corruption of data, whether under statute, contract, equity, tort (including + negligence), indemnity, or otherwise. +
++ Because some jurisdictions do not allow limitations on implied warranties, or + limitations of liability for consequential or incidental damages, these + limitations may not apply to you. +
++ YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, CHILLICREAM INC., OR OUR DIRECTORS + OR EMPLOYEES, SHALL, IN NO EVENT, BE LIABLE TO YOU OR ANY THIRD PARTY UNDER + ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, + PUNITIVE OR EXEMPLARY LOSS OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF + DATA, LOSS OF USE, LOST REVENUE OR INCOME OR PROFIT, FAILURE OF SECURITY + PROTOCOLS OR BUSINESS INTERRUPTION, THAT MAY BE INCURRED BY YOU ARISING OUT OF + OR RELATED TO THESE TERMS OF SERVICE OR OUR SERVICES OR CONTENT, WHETHER OR + NOT WE, CHILLICREAM INC., HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF + THE POSSIBILITY OF ANY SUCH LOSSES ARISING. EXCEPT IN CASE OF YOUR VIOLATION + OF THE 'LIMITATIONS OF USE' SECTION, NEITHER PARTY'S LIABILITY TO THE OTHER + SHALL EXCEED THE FEES PAID BY YOU TO CHILLICREAM INC. IN THE 3 MONTHS + IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTWITHSTANDING + ANYTHING TO THE CONTRARY IN THESE TERMS, CHILLICREAM INC.'S LIABILITY TO YOU + FOR SERVICES THAT ARE FREE OF CHARGE SHALL NOT EXCEED USD 50. +
+ ++ The materials appearing on our Services are not comprehensive and are for + general information purposes only. ChilliCream Inc. does not warrant or make + any representations concerning the accuracy, validity, applicability, likely + results, or reliability of the use of the materials on our Services, or + otherwise relating to such materials or on any resources linked to from our + Services. +
++ UNDER NO CIRCUMSTANCE SHALL CHILLICREAM INC. HAVE ANY LIABILITY TO YOU FOR ANY + DAMAGE OR LOSS OF ANY KIND INCURRED AS A RESULT OF THE USE OF OUR SERVICES OR + THE USAGE OR RELIANCE OF ANY INFORMATION ON OUR SERVICES. +
+ ++ ChilliCream Inc. has not reviewed all of the sites or resources linked to from + our Services and is not responsible for the contents of any such linked site. + The inclusion of any link does not imply endorsement, approval, or control by + ChilliCream Inc. of the site. Use of any such linked site is at your own risk + and we strongly advise you make your own investigations with respect to the + suitability of those sites. +
+ ++ We may suspend or terminate your right to use our Services and terminate these + Terms of Service immediately upon written notice to you for any breach of + these Terms of Service. +
+ ++ Any term of these Terms of Service which is wholly or partially void or + unenforceable is severed to the extent that it is void or unenforceable. The + validity of the remainder of these Terms of Service is not affected. +
+ ++ These Terms of Service are governed by and construed in accordance with the + laws of Delaware. You irrevocably submit to the exclusive jurisdiction of the + courts in that State or location. +