Chive Media Group, LLC
The Websites are controlled, operated, and administered by Chive Media Group from its offices within the United States of America. Chive Media Group makes no claim that the Websites are appropriate or available for use at other locations outside of the United States, and access to them from territories where such content is illegal is prohibited. If you access any Website from a location outside of the United States, you are responsible for compliance with all laws of that country.
These Terms apply to all users of the Websites, including those who contribute User Submissions (as defined below). These Terms apply to all content and works of authorship, visual interfaces, interactive features, information, graphics, design, compilations, photographs, computer codes, API’s, products, software, photographs, services, audio/visual elements, creations, motion pictures, musical compositions, sound recordings, proprietary materials, intellectual property, and all other elements of and materials incorporated in, appearing on, or published on the Websites, trademarks, trade secrets, patents, other intellectual property and/or proprietary material, and all rights therein, of any kind and nature, in any and all media now known or hereafter devised (collectively, “Material”).
Modification of Terms
Chive Media Group may, in its sole discretion, modify, supplement, or revise these Terms at any time. Unless a change is made for legal or administrative reasons, Chive Media Group will provide reasonable notice before the updated Terms become effective. You agree Chive Media Group may notify you of the updated Terms by posting them on the Websites, and that your use of the Websites after the effective date of the updated Terms (or engaging in such other conduct as Chive Media Group may reasonably specify) constitutes your agreement to the updated Terms. Therefore, you should review these Terms before using the Websites. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms, and will apply to your use of the Websites from that point forward.
The Websites are currently a free service; however, Chive Media Group reserves the right to, at any time, begin charging for use of any or all parts of the Websites. Chive Media Group also reserves the right to discontinue any part of the Websites at any time, as well as the right to reclaim user names that have become inactive or to reclaim them on behalf of businesses or individuals that hold legal claim or trademark on those user names.
User Age Requirements
To use the Websites, you must either be at least 18 years of age or the age of majority in your jurisdiction of residence (whichever is greater); or, if you are between the ages of 13 and the age of majority, you must have the consent of your parent or legal guardian to use the Websites. If you are under 13 years of age, please do not use the Websites.
Chive Media Group Accounts
You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You agree that you will not solicit, collect or use the login credentials of other Chive Media Group users. Chive Media Group prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide or provided to Chive Media Group upon registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy.
You are solely responsible for the activity that occurs on your account, and must keep your account password secure and protected from unauthorized use. You must notify Chive Media Group immediately of any breach of security or unauthorized use of your account. Although Chive Media Group will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Chive Media Group or others due to such unauthorized use.
Chive Media Group will not be responsible for any unauthorized access to, or alteration of, your transmissions of data or any material, information, or data sent to or received from your account, regardless of whether the data is actually received by Chive Media Group.
Chive Media Group may offer services that are available via a mobile device or app, including the ability to: (1) upload User Submissions to the Websites via a mobile device; (2) browse the Websites from a mobile device; and (3) access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”).
To the extent you access the Websites through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier. Not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to Chive Media Group.
Proprietary Rights in the Websites
You acknowledge and agree that the Websites and all Material owned by Resignation, other than User Submissions, constitute the proprietary and valuable property of Chive Media Group. All copyright, patents, trademark, trade secrets, or other intellectual property and/or proprietary rights (collectively, “IP Rights”) in the Website and Material constitutes the sole and exclusive property of Resignation, or its licensees. Any use of the Websites, other than as specifically authorized herein, is strictly prohibited. Any rights not expressly granted herein are reserved by Chive Media Group.
Some characters, logos, or other images incorporated by Chive Media Group on the Websites are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Chive Media Group (as applicable) or others (collectively, “Trademarks”). You agree not to use any Chive Media Group Trademarks without Chive Media Group’s written consent.
The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed via the Websites (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to Chive Media Group. Except as expressly provided in these Terms, or in terms provided by the owner of a Third Party Mark, nothing in these Terms or on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Chive Media Group Trademarks or Third Party Marks that are used or displayed on the Websites, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of Chive Media Group Trademarks will inure to the exclusive benefit of Chive Media Group.
Your Use of Material
Your right to use Chive Media Group Websites, as well as any Material or other content appearing on it, is subject to your compliance with these Terms. All Material is provided to you as is. Modification or use of the Material or other content on Chive Media Group Websites for any purpose not permitted by these Terms may be a violation of the IP Rights therein and is prohibited.
You may access and display Material and all other content from the Websites for non-commercial, personal, entertainment use on a single computer or device only and may not otherwise copy, reproduce, republish, upload, post, transmit, distribute or use it in any way unless specifically authorized by Chive Media Group. If Chive Media Group does authorize you to copy any Material or any part of the Websites, that authorization is subject to your reproducing, keeping intact, and not altering, removing, modifying, or suppressing, all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on Chive Media Group Websites into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole, or in part) on such software, is prohibited.
You understand that, when using the Websites, you will be exposed to Material from a variety of sources, and that Chive Media Group is not responsible for the accuracy, timeliness, usefulness, or intellectual property rights of or relating to such Material. You further understand and acknowledge that you may be exposed to Material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you had, have, or may have against Chive Media Group with respect thereto.
Your User Submissions and Conduct
In addition, you may not submit any video that is unlawful, harmful, abusive, or harassing, constitutes inherently dangerous activities, or threatens your safety or the safety of any other person. Further, you authorize and license to Chive Media Group and/or Rarefied Atmosphere to use all IP Rights and all Personal Rights in and to any and all User Submissions to enable publication and use of the User Submissions in the manner contemplated by the Websites and these Terms.
The above licenses granted by you terminate within a reasonable time after your User Submissions is removed or deleted from the Websites, if so removed or deleted.
If you believe that any Material made available on any of the Website is in violation of your copyright, please see Resignation’s Copyright Policy at http://chivemediagroup.com/legal/copyright for instructions on how to proceed. Applicable portions of the Copyright Policy are provided pursuant to the Digital Millennium Copyright Act (the “DMCA”).
Additional Terms for Apple App Store Applications
This section applies to you only if you have downloaded Chive Media Group software from the Apple or Android App Store.
You acknowledge that these Terms are entered into solely between you and Chive Media Group, and not with any third party, including Apple, Inc. or Google, Inc. These Terms are not intended to provide for usage rules for the Chive Media Group software that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise conflict with, the App Store Terms of Service as of the date hereof (which you acknowledge you have had the opportunity to review).
Subject to all the terms and conditions herein, Chive Media Group hereby grants you a personal, limited, non-commercial, nonexclusive, non-sub-licensable, non-assignable, revocable license to download, install and use one (1) copy of the Chive Media Group software, in object code form, only on your App Store-compatible device (“Device”) for the sole purpose of personally using the Websites and, if you have downloaded Chive Media Group software from the Apple App Store, as permitted by the Usage Rules set forth in the Apple or Android App Store Terms of Service.
You acknowledge that Apple and Google have no responsibility for addressing any claims relating to the Websites or the Chive Media Group software or your possession and/or use of the Websites or the Chive Media Group software, including without limitation: (a) product liability claims; (b) any claim that the Websites or the Chive Media Group software fails to conform to any applicable legal or regulatory requirement; and (c) any claims arising under consumer protection or similar legislation.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
External Link Disclaimer
Chive Media Group Websites contain links to external, third-party web sites along with relevant commentary to provide our visitors with an up-to-date digest of current news stories. Some of these sites may not be affiliated with Chive Media Group.
By providing links to other sites, Chive Media Group does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the Chive Media Group Website in question.
Chive Media Group does not operate, control, or claim responsibility for the information, content, products and/or services found on any external sites. Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. No authorization or permission is given for framing or linking to any pages of a Website or any of its User Submissions, whether in whole or in part.
Comments and Discussion Groups
In order to make the Comments and Discussion sections of the Websites interesting and informative for Chive Media Group’s Website users, in addition to the other requirements provided in these Terms, the following guidelines must be adhered to by all users posting and/or viewing comments or discussions:
Chive Media Group will not and does not accept responsibility for information posted in the Comments.
If Chive Media Group receives notice that any posting is not in keeping with these Terms or the intended use of the Comments, Chive Media Group may remove that post and/or any other related posts.
You may delete or suspend your account with any Website at any time. When suspended, your profile will be invisible until you reactivate your account. If you choose to delete your account, all of your information will be removed from the Websites and our servers. If your profile is suspended or terminated, Chive Media Group will retain the right to delete or to continue to use and not delete, in its sole discretion, your User Submissions on the Websites and our servers.
Chive Media Group may terminate a user’s account or access to the Websites if, under appropriate circumstances, Chive Media Group determines you have violated any of these Terms. If Chive Media Group terminates your access to the Websites or you delete your account, your User Submissions, comments and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Websites. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.
Chive Media Group reserves the right to decide whether User Submissions violate these Terms for reasons other than copyright infringement, such as, but not limited to violations of law, or under contractual or fiduciary relationships, fraud, pornography, obscenity, or illegality. Chive Media Group may at any time, without prior notice and in its sole discretion, remove such User Submissions and/or deactivate or delete a user’s account for submitting such material in violation of these Terms may and/or ban any further access to such files or the Websites. Chive Media Group may also at its sole discretion limit access to the Websites and/or terminate the accounts of any users who infringe any IP Rights or Personal Rights of others, whether or not there is any repeat infringement. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Websites, may also be referred to appropriate law enforcement authorities.
In accordance with the DMCA and other applicable laws, Chive Media Group has adopted a policy of terminating, in appropriate circumstances and at Chive Media Group’s sole discretion, users who are deemed to be repeat infringers.
Disclaimer of Warranties
YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CHIVE MEDIA GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. CHIVE MEDIA GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHIVE MEDIA GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE WEBSITES OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES OR ANY SITES LINKED TO THE WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CHIVE MEDIA GROUP MAKES NO WARRANTIES THAT YOUR USE OF THE WEBSITES OR THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES WILL NOT INFRINGE THE RIGHTS OF OTHERS. CHIVE MEDIA GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF CHIVE MEDIA GROUP. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. CHIVE MEDIA GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF USER SUBMISSIONS; (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY; (f) ANY ERRORS OR OMISSIONS IN ANY USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES; AND/OR (g) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
Limitation of Liability
IN NO EVENT SHALL CHIVE MEDIA GROUP, RAREFIED ATMOSPHERE, ITS PARENTS, SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITES OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITES, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED (I.E., WARRANTY, CONTRACT, OR TORT), AND EVEN IF CHIVE MEDIA GROUP OR RAREFIED ATMOSPHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT CHIVE MEDIA GROUP OR RAREFIED ATMOSPHERE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
YOU, SPECIFICALLY, ACKNOWLEDGE THAT CHIVE MEDIA GROUP OR RAREFIED ATMOSPHERE SHALL NOT BE LIABLE FOR CONTENT 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.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF CHIVE MEDIA GROUP’S OR RAREFIED ATMOSPHERE’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY CHIVE MEDIA GROUP OR RAREFIED ATMOSPHERE, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY CHIVE MEDIA GROUP.
Comments, Discussion, Forums
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON CHIVE MEDIA GROUP WEBSITES (“FORUMS”) ARE NOT NECESSARILY THOSE OF CHIVE MEDIA GROUP OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. CHIVE MEDIA GROUP DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF CHIVE MEDIA GROUP. CHIVE MEDIA GROUP MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of any and all Websites, services and their content remains with you. You agree to defend, indemnify, and hold Chive Media Group, Rarefied Atmosphere, its officers, directors, members, employees, affiliates, and agents, harmless from and against any claims, liabilities, damages losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) your access to or use of the Websites, User Submissions, Material, Forums or Content; (b) your User Submissions; (c) your violation of these Terms or any laws; (d) your violation of any third party right, including without limitation any IP rights or Personal Rights; or (e) any claim that your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Rules and your use of the Websites.
Jurisdiction, Venue, and Severability
You agree that the Websites shall be deemed solely based in Texas, the Websites shall be deemed passive, and that does not give rise to personal jurisdiction over Chive Media Group, either specific or general, in jurisdictions other than Texas. These Terms will be governed by the internal substantive laws of the State of Texas, without respect to any conflict of laws principles. Any and all disputes, claims and causes of action arising out of or connected with these Terms or the Websites will be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction located in Travis County, Texas, and the parties hereby consent to such venue and to the jurisdiction of such courts over such proceeding and themselves.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Chive Media Group’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Chive Media Group without restriction.
YOU AND CHIVE MEDIA GROUP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last Updated: April 9, 2019