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Term of Use

Agreement
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the chmava.com domain name, the “CHMAVA Website”, or “Website”), YOU SIGNIFY YOUR ASSENT TO TERMS OF USE, WHICH ARE PUBLISHED AT TERMS OF USE AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the CHMAVA Website.

CHMAVA Website's Rules and Conditions
These TERMS OF USE apply to all users of the CHMAVA Website, including users who are also contributors of novel content, information, and other materials or services on the Website. The CHMAVA Website may contain links to third party websites that are not owned or controlled by CHMAVA or CHMAVA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, CHMAVA will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve CHMAVA from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the CHMAVA Website and to read the terms and conditions and privacy policy of each other website that you visit.

Website Access
CHMAVA hereby grants you permission to use the Website as set forth in this TERMS OF USE, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without CHMAVA’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these TERMS OF USE.

In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify CHMAVA immediately of any breach of security or unauthorized use of your account. Although CHMAVA will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of CHMAVA or others due to such unauthorized use.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the CHMAVA servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, CHMAVA grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. CHMAVA reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

CHMAVA's IP Rights
The content on the CHMAVA Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to CHMAVA, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. CHMAVA reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, ordistribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the CHMAVA Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the CHMAVA Website or the Content therein.

User Submissions
The CHMAVA Website may now or in the future permit the submission of novel or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, CHMAVA does not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize CHMAVA to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these TERMS OF USE; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these TERMS OF USE. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to CHMAVA, you hereby grant CHMAVA a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the CHMAVA Website and CHMAVA’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the CHMAVA Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the CHMAVA Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these TERMS OF USE. The foregoing license granted by you terminates once you remove or delete a User Submission from the CHMAVA Website.

In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant CHMAVA all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage CHMAVA or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.

In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail).

CHMAVA’s designated Copyright Agent to receive notifications of claimed infringement is: claim@CHMAVA. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to CHMAVA customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. You understand that when using the CHMAVA Website, you will be exposed to User Submissions from a variety of sources, and that CHMAVA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CHMAVA with respect thereto, and agree to indemnify and hold CHMAVA, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

CHMAVA permits you to link to materials on the Website for personal, non-commercial purposes only. CHMAVA reserves the right to discontinue any aspect of the CHMAVA Website at any time.

Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE CHMAVA WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CHMAVA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CHMAVA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CHMAVA WEBSITE. CHMAVA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CHMAVA WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CHMAVA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability
IN NO EVENT SHALL CHMAVA, ITS OFFICERS, DIRECTORS, CONTRIBUTORS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CHMAVA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT CHMAVA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemity
You agree to defend, indemnify and hold harmless CHMAVA, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the CHMAVA Website; (ii) your violation of any term of these TERMS OF USE; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these TERMS OF USE and your use of the CHMAVA Website.

Ability to Accept Terms of Use
You affirm that you are either more than 21 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent 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. In any case, you affirm that you are over the age of 21, as the CHMAVA Website is not intended for children under 21. If you are under 21 years of age, then please do not use the CHMAVA Website-there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

Assignment
These TERMS OF USE, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CHMAVA without restriction.



Privacy Policy

The following webpage outlines CHMAVA’s collection and use of personal information from it’s users. CHMAVA values the privacy of our members and users, we will never share any personal information of anybody who logs on to CHMAVA with anyone. This includes your e-mail address, name, and location. Upon logging on to CHMAVA such things as your IP address and hostname may be logged for statistical and security reasons.

Cookies
A cookie is a very small text file placed on your system upon logging on to CHMAVA (and most other websites). This file serves as your identification card and is uniquely yours, and can only be read by the server that gave it to you. Cookies tell us that you have returned to a specific web page on CHMAVA and help us track your preferences and transactional habits. The basic function of cookies is to help our server remember who you are.

Children’s Privacy
CHMAVA does not knowingly collect personal data from children under the age of 13. We make reasonable efforts to prevent someone who is underage from joining as a member of CHMAVA, and will not collect information from them. If CHMAVA learns that a child under the age of 13 has become a member, we will close that child’s account and delete any information collected about the child.
Not withstanding the foregoing, CHMAVA may choose to retain some personal information such as the child’s e-mail address as a means to prevent the child from re-registering at our website. The Children’s Online Privacy Protection Act (COPPA) went into effect in April 2000, and as a result websites all over the world wide web had to change their standards to not collect any information from a child.

Disclosing Information
CHMAVA may store and disclose personal information allowed or required by applicable law or when deemed advisable by us. This means that we may make disclosures that are necessary to conform to legal and regulatory requirements or processes and to protect the rights, safety, and property of CHMAVA, users of the CHMAVA website, and the public.

Security
At CHMAVA, we make reasonable efforts to protect personal information such as passwords and use technology such as encryption, access control procedures, firewalls, and physical security. We urge you to use a unique password with both letters and numbers to protect your account on CHMAVA and it’s affiliated websites. If others, including family, friends or other household members access and use the message board through your login credentials, you are responsible for the actions of that individual. Only in extreme cases will your account be fully terminated.

Third Parties
Third Party websites may collect information from users of CHMAVA, this information will include your IP address, hostname, and information about your system to help us serve you better. These are purely used for statistical reasons, and will not be used in any way other then that. Some programs that may collect this information include: eXTReMe Tracking, Google, Nedstat, and Webalizer.

Policy Changes
CHMAVA reserves the right to change this, and any other policy located on our website at anytime without notifying our users. If you have any comments, questions, or concerns regarding this policy, or any other policy you may send them to us using our website contact-us form.



Compliance Statement

18 U.S.C. §2257 Records Keeping Requirements Compliance Statement All models, actors, actresses and other persons that appear in any visual portrayal of actual or simulated sexually explicit conduct appearing on, or otherwise contained in, this Website were over the age of eighteen (18) years at the time the visual image was produced. Records required by Title 18 U.S.C. §2257 are on file with the appropriate Records Custodian.

All other visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. §2257, 2257A and/or 28 C.F.R. 75, because 1) they do not portray conduct as specifically listed in 18 U.S.C section 2256 (2)(A) (i) through (iv), 2) they do not portray conduct as specifically listed in 18 U.S.C. section 2257A, 3) they do not portray conduct listed in 18 U.S.C. section 2256(2)(A)(v) produced after July 27, 2006, or 4) are otherwise exempt because the visual depictions were created prior to July 3, 1995.

With respect to all visual depictions displayed on this website, whether of actual sexually explicit conduct, simulated sexual conduct or otherwise, all persons were at least 18 years of age when said visual depictions were produced.



DMCA Policy

In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at http://lcweb.loc.gov/copyright/), CHMAVA will respond expeditiously to claims of copyright infringement that are reported to CHMAVA’s designated copyright agent identified below. Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. CHMAVA reserves the right at its sole and entire discretion, to remove content and terminate the accounts of CHMAVA users who infringe, or appear to infringe, the intellectual property or other rights of third parties.

If you believe that your copy written work has been copied in a way that constitutes copyright infringement, please provide CHMAVA’s copyright agent the following information:
– A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
– Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Website;
– Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CHMAVA to locate the material;
– Information reasonably sufficient to permit CHMAVA to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;
– A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
– A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All claims of copyright infringement on or regarding any website in ARF Network should be delivered to this network’s designated copyright agent via out website contact-us form.


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