Application of and Acceptance of Conditions of Use Agreement
1.1 For purposes of this Agreement, a "User" is any person who accesses our Site for whatever purpose, regardless of whether such a User has registered an account with us or not.
A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
1.2 By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User.
You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
1.3 Chameleon Island Ltd may amend this Agreement at any time by posting the amended and restated Agreement on the Site.
The amended and re-stated Agreement shall be effective immediately upon posting.
This Agreement was last amended on September 13, 2008. Posting by Chameleon Island Ltd of the amended and re-stated Agreement and your continued use of the Service shall be deemed to be acceptance of the amended terms. Also, the amended and re-stated Service will be applied retroactively to our Members.
This Agreement may not otherwise be modified, except in writing by an authorized officer of Chameleon Island Ltd.
2. Users Generally
2.1 Users may use this Site solely for their own personal or internal purposes.
Each User agrees that he/she shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the "Chameleon Island Ltd Content") for the purpose of re-selling or re-distributing the Chameleon Island Ltd Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with Chameleon Island Ltd, or otherwise commercially exploiting the Chameleon Island Ltd Content. Systematic retrieval of Chameleon Island Ltd Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Chameleon Island Ltd is prohibited.
In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
2.2 Some of the Chameleon Island Ltd Content displayed on this Site is provided or posted by third parties ("Third Party Content").
Neither Chameleon Island Ltd nor any of our affiliates, directors, officers or employees has entered into any sales agency relationship with such third party by virtue of Chameleon Island Ltd's display of the Third Party Content on the Site.
Any Third Party Content is the sole responsibility of the party who provided the content.
Chameleon Island Ltd is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, Chameleon Island Ltd is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
2.3 Messages or information sent by a User through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, shall not contain any of the materials described in the provisions of Section 4.5 below.
2.4 Chameleon Island Ltd reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice.
Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business.
Each User hereby agrees that in no event shall Chameleon Island Ltd be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
2.5 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by Chameleon Island Ltd and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
2.6 We urge that you read Chameleon Island Ltd's Privacy Notice which governs the protection and use of each User's information in Chameleon Island Ltd's possession.
Each User hereby accepts the Privacy Notice and any updates and amendments thereto. Each User acknowledges that Chameleon Island Ltd may change the Privacy Notice from time to time provided that Chameleon Island Ltd shall make available the updated version of the Privacy Notice on the Site at all times.
Your continuation of use of the Site shall be deemed to be your acceptance of the Privacy Notice which is then displayed on the Site at the time of such use.
3. Registered Users
3.1 Each User who has registered an account on the Site by giving information (such as name, land address, email address, etc.) is a registered user of Chameleon Island Ltd (a "Registered User").
Chameleon Island Ltd will establish an account ("Account") for each Registered User and each Registered User Is assigned a user alias ("User ID") and password ("Password") for log-in access to his/her own Account.
3.2 Chameleon Island Ltd may assign the account with limited storage space for the User to send or receive inquiries.
The User shall be responsible for all users and the content of all the messages communicated through the Account, as well as the consequences of any such message.
3.3 If the Registered User is a business entity:
(a) you have the authority to bind the entity to this Agreement;
(b) the address you use when registering is the principal place of business of such a business entity; and
(c) all other information submitted to Chameleon Island Ltd during the registration process is true, accurate, current and complete.
For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
3.4 Chameleon Island Ltd may suspend or terminate a Registered User's Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if:
(a) in Chameleon Island Ltd's determination, there is any breach of the provisions of this Agreement by the Registered User; or
(b) Chameleon Island Ltd has reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete, or
(c) Chameleon Island Ltd believes that the Registered User's actions may cause financial loss or legal liability to such Registered User, Chameleon Island Ltd's other Users, or Chameleon Island Ltd or its affiliates.
3.5 The Registered User shall not use the Account for junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or any kind or nature.
Further, the Registered User shall not use the Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
3.6 Notwithstanding Section 3.1 above, Chameleon Island Ltd may refuse registration and deny the issuance of the Account and associated User ID and Password to any User for whatever reason.
4. Users Who Post Product Reviews on Chameleon Island Ltd
4.1 You must be a Registered User in order to post Product Reviews on the Site using the self-help submit tools provided through the Site. Your status as a Registered User is governed by the provisions of Section 3 above.
4.2 No sales agency relationship is created between any User and Chameleon Island Ltd, our affiliates, directors, officers or employees by virtue of Chameleon Island Ltd's display of any of the User's Product Reviews on our Site.
4.3 Each User hereby represents, warrants and agrees to:
(a) provide Chameleon Island Ltd with true, accurate, current and complete Product Reviews to be displayed on our Site and
(b) maintain and promptly amend all Product Reviews to keep them true, accurate, current and complete.
Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sublicensable (through multiple tiers) license to Chameleon Island Ltd to display and use all Product Reviews provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
4.4 Each User hereby represents, warrants and agrees that he/she has obtained all necessary third party copyright or trademark licenses and permissions and shall be solely responsible for ensuring that any Product Reviews he/she posts on the Site or provides to Chameleon Island Ltd or authorizes Chameleon Island Ltd to display, or the products represented thereby, do not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party, or is posted with the permission of the owner(s) of such rights.
4.5 Each User hereby represents, warrants and agrees that Product Reviews submitted to Chameleon Island Ltd for display on the Site shall not:
(a) contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
(b) be part of a scheme to defraud other Users of the Site or for any other unlawful purpose;
(c) relate to sale of products that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy;
(d) violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(e) be defamatory, libelous, unlawfully threatening or unlawfully harassing;
(f) be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
(g) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(h) contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
(i) solicit business from any Users in connection with a commercial activity that competes with Chameleon Island Ltd;
(j) contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
(k) link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or
(l) otherwise create any liability for Chameleon Island Ltd or its affiliates.
4.6 Chameleon Island Ltd reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject Chameleon Island Ltd to liability, violates this Agreement or is otherwise found inappropriate in Chameleon Island Ltd's opinion.
Chameleon Island Ltd reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Chameleon Island Ltd may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and Chameleon Island Ltd shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Chameleon Island Ltd for such disclosure. In connection with any of the foregoing, Chameleon Island Ltd may suspend or terminate the Account of any User as Chameleon Island Ltd deems appropriate in its sole discretion.
5. Intellectual Property Rights
5.1 Chameleon Island Ltd is the sole owner or lawful licensee of all the rights to the Site and the Chameleon Island Ltd Content. The Site and Chameleon Island Ltd Content embody trade secrets and intellectual property rights and other laws. All title, ownership and intellectual property rights on the Site and Chameleon Island Ltd Content shall remain with Chameleon Island Ltd. All rights not otherwise claimed under this Agreement or by Chameleon Island Ltd are hereby reserved.
5.2 The names of our games are registered trademarks of Chameleon Island Ltd and are protected under applicable copyright, trademark and other proprietary rights laws.
The unauthorized copying, use or publication of these trademarks are strictly prohibited.
6.1 All notices or demands to or upon Chameleon Island Ltd shall be effective if in writing and shall be duly made when sent to Chameleon Island Ltd in the following manner: to the address of Chameleon Island Ltd, Attn: Legal Department.
6.2 All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Chameleon Island Ltd, or by posting such notice or demand on an area of our Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when:
(a) Chameleon Island Ltd is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
(b) immediately upon Chameleon Island Ltd's posting such notice on an area of our Site that is publicly accessible without charge.
7.1 This Agreement and Chameleon Island Ltd's Privacy Notice constitute the entire agreement between the User and Chameleon Island Ltd with respect to access to and use of our Site, superseding any prior written or oral agreements in relation to the same subject matter herein.
7.2 Chameleon Island Ltd and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
7.3 If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
7.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
7.5 Chameleon Island Ltd's failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives Chameleon Island Ltd's right to act with respect with subsequent or similar breaches.
7.6 Chameleon Island Ltd shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to Premium Services to any person or entity.
7.7 This Agreement shall be governed by the laws of the location of Chameleon Island Ltd Headquarters without regard to its conflict of law provisions.
The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of the location of Chameleon Island Ltd Headquarters.