DealChirp Terms and Conditions

Last updated October 30, 2009

WELCOME TO WWW.DEALCHIRP.COM. THESE TERMS APPLY TO YOUR USE OF THE WEBSITE LOCATED AT WWW.DEALCHIRP.COM AND DEAL CHIRP’S APPLICATIONS AND INTERFACES FOR MOBILE DEVICES (COLLECTIVELY, THE "SITE"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.

Proprietary Rights.
Unless otherwise indicated, all of our Site content is the property of or licensed to DealChirp LLC ("we," "us," or "our") and is protected under U.S. and Foreign copyright, trademark, and other intellectual property laws. Trademarks designated with a ™ or ® or otherwise are owned by us or the respective third party owners.

Modifications.
We may modify the content of our Site from time to time without notice to you, including modifying these terms and conditions. Your continued use of the Site after such modifications are posted indicates your acceptance of such modifications. If you do not wish to accept these terms and conditions or any modifications, your sole and exclusive remedy is to cease using the Site.

Rights in Content.
The Site contains content generated both by us and by other users of the Site. We grant you the limited right to display the content and to copy the content as necessary to display it, or as specifically allowed by the user that posted the content. You may also share this information with others, but you may not misrepresent yourself as the source or cause confusion as to the source of the content or the goods and services represented in the content. You may not share the information or content in a manner that will impair or harm the goodwill associated with our business and brands. If you share the information and content on the Site with others, you must retain any proprietary notices that are included on the Site. Other than as allowed in this section, you may not distribute, publish, transmit, modify, create work derivative works from, or in any way commercially exploit any of the content for any purpose, without our permission or the permission of the user who generated the User Content (defined below).

User Content.
You and other users of the Site may post content to the Site as part of the social network services, communication capabilities, discussion groups, forums, or other interactive capabilities (“User Content”). By submitting User Content to us, you warrant that the User Content does not violate any applicable laws (including intellectual property or defamation laws) and hereby provide us with a non-exclusive, unlimited, royalty-free license to copy, modify, distribute, publicly perform and publicly display the User Content. We reserves the right to access, monitor, amend, edit, disable access to, or permanently delete any User Content at our sole discretion, and without notice to you. We are not obligated to post User Content that you submit or to maintain submitted User Content for any specific length of time. If the User Content contains your name, picture, likeness, or other personal information, you hereby release us and our members, managers, employees and agents from any claim related to the use of my name, picture, likeness, biographical information, voice or statements, including, for example, any claim based on defamation, right of publicity or invasion of privacy, and likewise release our customers, other users, affiliates and contractors, and their respective officers, directors, members, managers, employees and agents from any claim related to the use of your name, picture, likeness, biographical information, voice or statements.

Termination.
We reserve the right to terminate your access to our Site, or any portion of it, at any time, without notice. Any breach of this agreement may result in termination of your right to use our Site. Upon termination you are no longer authorized to access or use our site, but our proprietary rights, the disclaimers, and the limitations of liability set forth in this agreement will survive such termination.

Links.
The Site may contain links and pointers to internet sites maintained by third parties. We do not operate or control these web sites or any of the information, products, or services provided at such third party web sites. Third party links are included solely for your convenience, and do not constitute an endorsement by us or affiliation with us. You assume sole responsibility for use of third party links, and the disclaimer and limitation of liability provisions set forth in this agreement are applicable for your use at such third party sites. We do not monitor or approve the privacy or security practices of such sites; you access and use them at your own risk.

Disclaimer.
OUR WEB SITE AND ALL CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE CONTENT OR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RISKS OF USE OF OUR WEB SITE. We do not guaranty the accuracy, reliability, completeness or timeliness of the content, services, products, texts, graphics, links, or other items contained within our site, or the results obtained from accessing or using the Site.

Restrictions on Content.
You agree not to make any use of the Site to post or transmit any Content that: (1) is unlawful under the laws, statutes, ordinances, or regulations of any jurisdiction to which you or DealChirp LLC are subject (“Law”); (2) promotes activity that is unlawful under the Law; (3) is harmful, threatening, advocating violence, harassing, defamatory, invasive of the privacy of another, or obscene (including without limitation any images or depictions of child abuse, child pornography, or minors engaged in sexual conduct or explicitly sexual situations), all as determined by us in our sole discretion; (4) includes insider information, or any other proprietary or confidential information; (5) is an infringement of any patent, trademark, trade secret, copyright, publicity right or other intellectual property right; (6) is falsified, deceptive or misleading, including without limitation the use of forged headers or otherwise manipulated identifiers in order to disguise the origin of the Content, or lacking author attribution, copyright notice, or any other information necessary to make the Content not misleading; (7) holds us or any of our affiliates, employees or shareholders up to public scorn or ridicule; (8) contains or transmits any viruses, trojan horses, trap doors, back doors, worms, time bombs, packet bombs, cancelbots or other computer programs or routines that damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. The foregoing list is not an exhaustive of types of Content we may deem inappropriate for the Site.

Restrictions on Activities.
You agree not to make any use of the Site for any activity: (1) that is unlawful (whether criminal or tortuous); (2) that involves gaining unpermitted access to other computers or networks through hacking or other means, or the unpermitted use of the username or password of another user; or (3) that interferes with the operation of the Site or places an undue burden on it. You agree that the user name, login ID, and email address you provide are yours to use, and are true and accurate at the time of entry. You are responsible for maintaining the confidentiality of your password and user login ID and agree to keep such information confidential. You are also responsible for maintaining current email addresses, contact information, and any other information. Our Privacy Policy details how we keep this information secure. By providing us with your email address, you consent to receive electronic notices at this email address, including automatic account updates, service alerts, or other updates.

Limitation of Liability.
In no event will we be liable for any special, incidental, or consequential damages, however caused, whether for breach of warranty, contract, or tort (including negligence, strict liability or otherwise). Under no circumstances will our liability to you exceed $70.

Indemnity.
You agree to indemnify and hold us, our members, managers agents and employees harmless from and against all claims, damages, and expenses, including attorney’s fees, arising out of any information, message, content, or materials uploaded, posted, distributed or transmitted to or through our Site by you (including any User Content), or otherwise arising out of your use of our Site.

Privacy.
Our privacy policy may be found at http://www.dealchirp.com/privacy.php.

Digital Millennium Copyright Act ("DMCA") Compliance.
We will remove or block content upon receipt of a proper notice under the DMCA. It is also our policy to terminate the privileges of users who commit repeat violations of copyright laws. If you are a copyright owner, you may report alleged infringements of your works by sending a DMCA-compliant notice to us at info@dealchirp.com

Governing Law.
The rights and liabilities of the parties arising out of or relating to this agreement will be governed by the laws of the State of Idaho, any litigation or other dispute resolution will be conducted exclusively in state or federal courts in Boise, Idaho and you consent to the exclusive personal jurisdiction of such courts.

General Provisions.
This is the entire agreement between us and you with respect to the Site. Any modifications to this agreement must be in writing and signed by us and you. If any portion of this agreement is found to be unenforceable, the remaining provisions will be enforced to the full extent permitted by law.

Contact.
If you have questions regarding these terms and conditions or content of our Site you may contact info@dealchirp.com