You acknowledge that the actual profiles shown though the Site are of persons not associated with Chamboost in any manner, that their services are undertaken by them personally, not by Chamboost or its officers, employees, contractors, agents or representatives, and that it will be your own responsibility to ensure that the Instagram profiles, credentials, resume, practice and capabilities of any professionals contacted through the Site meet any of your specific requirements.
All information posted throught our Site may include inaccuracies or errors, and does not constitute a direct endorsement of any kind of product or service.
You agree not to, and will not undertake, motivate, or facilitate the use or access of the Site and/or Chamboost to:
a. Help, motivate, or enable others to infringe these Terms.
b. Plagiarize or infringe the intellectual property rights of a third party.
c. Use any automated process to access or use our services or any process, whether automated or manual, to capture data or content from any of our services for any reason.
d. Disrupt the normal flow of dialogue and/or exchange on the Site.
e. Upload, post or otherwise disseminate any content that: (i)infringes or violates the intellectual property rights of any third party, including any trademark, copyright, trade secret, moral rights, ancillary rights or other rights therefrom, or causes or results in the violation of any applicable law or regulation, (ii) in any way exploits the Site other than as specifically sanctioned by us; (iii) encourages any conduct that could promote or cause discrimination, racism, hatred, harm or violence against any individual or group of persons; (iv) threatens minors in any manner; and/or (v) promotes or encourages illegal or fraudulent activities.
f. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site; and/or promotes or disseminates any content that is or may be considered obscene, pornographic or otherwise objectionable.
g. Copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Site or any part thereof.
h. Delivers or attempts to deliver, any unsolicited advertising, electronic email, promotion, spam or chain letters.
i. Collect, receive, transfer or disseminate any personally identifiable information of any user of the Site without the express authorization of the holder.
j. Collect, receive, transfer or disseminate any content that is illegal or unlawful that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, state, national or international law.
k. Deliver unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or any content designed to deceive or trick the users of the Site.
l. Impersonate or misrepresent any affiliation with any legal entity or person.
You further acknowledge and agree that you will treat as strictly private and confidential, any username or password which you receive from Chamboost and any and all information to which you have access through our Services, and that you will not cause or permit any such information to be communicated, copied, or otherwise divulged to any other person whatsoever. Any violation of this provision may result in immediate termination of your access to the Site and use of our Services, without refund, reimbursement, or any other credit.
If you wish to participate or create a shoutout campaign in the Site, you must first register for an account. You are solely responsible for the activity that occurs on your Account, and for keeping your password secure. We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate your account upon any factual or alleged breach of these Terms. You must notify Chamboost immediately of any change in your eligibility to use the Site, breach of security, or unauthorized use of your account. Additionally, and depending on our business strategies, we may allow you to open a free account for a certain period of time, with access to part or all of the functionalities of the Site.
We use third-party payment processors such as credit card and/or PayPal to bill you through a payment account linked to your account on the Site, for any purchases made through the use of the Site. The processing of payments for sellers and buyers will be subject to the fees, terms, conditions and privacy policies of such payment processors. Chamboost is not responsible for any and all errors by the payment processors.
In order to maintain an account for the Site, you may be required to pay certain fees to Chamboost. Chamboost may offer you a free trial for the Services, afterwards you will be charged at the then-current fees. The transaction amount will be charged though through PayPal and other payment processors, financial institutions and/or credit card issuers. Chamboost will inform you of the amount of fees due, and you will have the option to pay them or not. Once paid, fees are not refundable. Monies held in escrow shall not bear interest. It is your responsibility to choose subscription lengths appropriate for your market and to cancel your automatically renewing subscription in time.
We take spam seriously, and we encourage you and our users to report any spam activities to us. We will not tolerate, nor allow others to undertake, any and all use your account and/or any information regarding the Site, pursuant to the remission of any other unsolicited bulk communication to any of our users or to any third party. In compliance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act (‘CAN-SPAM Act’), you may not access the Site to harvest and/or collect any information about our users, for any purpose, and any commercial communication that you may receive from us and/or our partners, licensors, suppliers and affiliates will clearly indicate measures to stop receiving such communications, including unsubscribe links and appertaining instructions.
In compliance with the Digital Millennium Copyright Act (‘DMCA’), Chamboost takes copyright infringement seriously, and is ready to remove any content posted upon duly notice and request by a copyright holder. If you believe that any content or other material provided through the Site allegedly infringes the copyright of you or of a third party, please notify us of your claim to: [email protected] (subject: "Takedown Request"). Chamboost may remove any content if it believes or has reason to believe such content infringes on another’s copyright, without prior notice and at any time and at its sole discretion. We may also disable your or any user ability to use the Site or terminate your access thereof.
The notification must be in writing and must contain the following information, at a minimum: (i) a signature and identification of the title holder and/or the person authorized to act; (ii) a description of the copyrighted work that allegedly has been infringed; (iii) contact information, such as your address and your email address (for us to deliver our response to you); and (iv) a statement indicating that the information provided in the notice is true and accurate.
WAll trademarks reproduced in our Site are the property of – or licensed to – the respective title holder acknowledged (or not) on the Site, who may or may not be affiliated with, connected to, or sponsored by us or and/or affiliates, partners, advertisers and subsidiaries. We own, control and/or have sufficient right and authorization for the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws.
From time to time, our Site and Services may contain hyperlinks to other websites. These links are provided for your convenience and to provide further information, and does not mean that we endorse such websites or their products and services; and therefore your use thereof is at your own risk. Any linked websites, are thereto governed under their respective privacy policies, terms and conditions and legal disclaimers. Please review the aforementioned documents, which will govern any use thereof. You may not create a link to this website from another website or document without Chamboost’s prior written consent.
We are not responsible for third party sites hyperlinked from this Site, nor do we make any endorsements or warranties, express or implied, with respect to the content of third party websites or the products or services offered on any third party websites, including but not limited to accuracy, completeness, reliability, suitability, non-infringement, merchantability or fitness for a particular purpose.
By accessing or using the Site, you hereby represent and warrant that you have read, understood, and agreed to be bound by and under these Terms. Some of the images shown in the Site are licensed and/or purchased stock photos, and are only shown for illustration purposes and, therefore, they may not accurately reflect the appearance or characteristics of a certain item or treatment.
Your use of our Site is at your own risk, and therefore you hereby acknowledge and agree that we supply our Services “as is”, “with all faults”, and “as available”, including all content, software, materials, services, functions, and/or information made available through the Site. Chamboost’s maximum cumulative liability to you for any losses or damages arising out of or in connection with your access of the Site and any Services therein shall be limited to: (i) the amount paid, if any, by you to us in connection with the Site and any Services therein during the twelve (12) months prior to the action giving rise to such liability (if any); or (ii) USD$100 (One Hundred United States Dollars), whichever amount results inferior.
CHAMBOOST WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, VIRUS, WORM, COMPUTER OR SOFTWARE FAILURE OR INACCESSIBILITY OR ANY OTHER PERSONAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER LEGAL THEORY) AND EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree, at your sole expense, to defend, indemnify and hold Chamboost, our independent contractors, website providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your conduct; (ii) your violation of the Terms or your violation of the rights of any third-party; or (iii) any user content.
Force Majeure. Chamboost will not be liable for any failure to perform our obligations hereunder, where such failure results from any cause beyond Chamboost's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
Severability. If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.
No Waiver. Failure by us to impose any of its rights under these Terms shall not be interpreted as a waiver of any rights hereon, nor any other rights with respect to the matter hereof.
Notices. Any non-legal notices or communications hereunder, including those regarding modifications to these Terms, shall be in writing and delivered by in writing (to any address you may provide). For notices made by e-mail, the date of receipt will be deemed the date in which such notice is transmitted.
Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Notwithstanding the foregoing, we may assign any rights or obligations hereunder. Any rights not expressly granted herein are thereby reserved. These terms will inure to the benefit of any successors of the parties. We reserve the right, at any time, to sell, transfer or otherwise share some or all of the Chamboost assets, including your personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
No Relationship. You and Chamboost are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
Exchange rates. Currency exchange rates displayed on the Site or elsewhere are based on various sources and should only be used as reference. Actual exchange rates will vary depending on the location, bank, credit card and/or payment processing systems used by you.
Waiver of Class Actions, and Non-Individualized Relief. You hereby acknowledge and agree that you may only bring claims against Chamboost on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Chamboost agree otherwise, you may not consolidate or join more than one person's or party's claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding.
Consumer Notice. For any inquires or complaints regarding the Service or Site, please contact our customer service team by post at Ivandale Dr 1073, L5V Brampton – Mississauga, Ontario, Canada, Attention: Arfan Chaudhry, or by email at: [email protected]
Applicable Law. Your use of this Site and any claim, dispute and/or cause of action that might arise between you and us, without regard to conflict of law to principles, shall be subject to the laws of the State of California, United States of America, without regard to the conflicts of laws principles thereof.
Arbitration, Forum. The parties waive trial by jury. You agree that you will seek arbitration consistent with the rules of the American Arbitration Association (AAA) before initiating any litigation. If arbitration cannot resolve the issue, you agree to submit to the personal jurisdiction of the courts located in California for litigating all such claims or disputes.
Arbitration of disputes will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA. The AAA Rules and costs related to arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.