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Terms and Conditions
| Conditions of Use |
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the OFFICE TALES,
INC web site located at www.chickfight.com, and all associated sites linked to
www.chickfight.com by OFFICE TALES, INC its subsidiaries and affiliates, including
OFFICE TALES, INC sites around the world (collectively, the “Site”). The Site is the
property of OFFICE TALES, INC (“OFFICE TALES, INC”) and its licensors. BY USING THE
SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE
SITE.
OFFICE TALES, INC reserves the right, at its sole discretion, to change, modify, add or
remove portions of these Terms of Use, at any time. It is your responsibility to check
these Terms of Use periodically for changes. Your continued use of the Site following the
posting of changes will mean that you accept and agree to the changes. As long as you
comply with these Terms of Use, OFFICE TALES, INC grants you a personal, non-
exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos,
sounds, music, artwork and computer code (collectively, “Content”), including but not
limited to the design, structure, selection, coordination, expression, “look and feel” and
arrangement of such Content, contained on the Site is owned, controlled or licensed by or
to OFFICE TALES, INC and is protected by trade dress, copyright, patent and trademark
laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content
may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted or distributed in any way (including “mirroring”) to any other
computer, server, Web site or other medium for publication or distribution or for any
commercial enterprise, without OFFICE TALES, INC express prior written consent.
You may use information on OFFICE TALES, INC products and services (such as data
sheets, knowledge base articles, and similar materials) purposely made available by
OFFICE TALES, INC for downloading from the Site, provided that you (1) not remove any
proprietary notice language in all copies of such documents, (2) use such information only
for your personal, non-commercial informational purpose and do not copy or post such
information on any networked computer or broadcast it in any media, (3) make no
modifications to any such information, and (4) not make any additional representations or
warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic
device, program, algorithm or methodology, or any similar or equivalent manual process,
to access, acquire, copy or monitor any portion of the Site or any Content, or in any way
reproduce or circumvent the navigational structure or presentation of the Site or any
Content, to obtain or attempt to obtain any materials, documents or information through
any means not purposely made available through the Site. OFFICE TALES, INC reserves
the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or
any other systems or networks connected to the Site or to any OFFICE TALES, INC
server, or to any of the services offered on or through the Site, by hacking, password
“mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to
the Site, nor breach the security or authentication measures on the Site or any network
connected to the Site. You may not reverse look-up, trace or seek to trace any
information on any other user of or visitor to the Site, or any other customer of OFFICE
TALES, INC, including any OFFICE TALES, INC account not owned by you, to its source, or
exploit the Site or any service or information made available or offered by or through the
Site, in any way where the purpose is to reveal any information, including but not limited
to personal identification or information, other than your own information, as provided for
by the Site.
You agree that you will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Site or OFFICE TALES, INC
systems or networks, or any systems or networks connected to the Site or to OFFICE
TALES, INC.
You agree not to use any device, software or routine to interfere or attempt to interfere
with the proper working of the Site or any transaction being conducted on the Site, or with
any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the
origin of any message or transmittal you send to OFFICE TALES, INC on or through the
Site or any service offered on or through the Site. You may not pretend that you are, or
that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by
these Terms of Use, or to solicit the performance of any illegal activity or other activity
which infringes the rights of OFFICE TALES, INC or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to
specific portions or features of the Site, including contests, promotions or other similar
features, all of which terms are made a part of these Terms of Use by this reference. You
agree to abide by such other terms and conditions, including where applicable
representing that you are of sufficient legal age to use or participate in such service or
feature. If there is a conflict between these Terms of Use and the terms posted for or
applicable to a specific portion of the Site or for any service offered on or through the
Site, the latter terms shall control with respect to your use of that portion of the Site or
the specific service.
OFFICE TALES, INC obligations, if any, with regard to its products and services are
governed solely by the agreements pursuant to which they are provided, and nothing on
this Site should be construed to alter such agreements.
OFFICE TALES, INC may make changes to any products or services offered on the Site, or
to the applicable prices for any such products or services, at any time, without notice. The
materials on the Site with respect to products and services may be out of date, and
OFFICE TALES, INC makes no commitment to update the materials on the Site with
respect to such products and services.
The following terms also govern and apply to your use of the Site, and they are
incorporated herein by this reference:
* Trademark Information
* Copyright Information
Rights and Permissions
Claims of Copyright Infringement
* Piracy Prevention
Report Piracy
* Legal Contacts
Each of these policies may be changed from time to time and are effective immediately
upon posting such changes on the Site.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an
account (including setting up an OFFICE TALES, INC Username and password). You are
entirely responsible for maintaining the confidentiality of your account information,
including your password, and for any and all activity that occurs under your account. You
agree to notify OFFICE TALES, INC immediately of any unauthorized use of your account
or password, or any other breach of security. However, you may be held liable for losses
incurred by OFFICE TALES, INC or any other user of or visitor to the Site due to someone
else using your Username, password or account.
You may not use anyone else’s OFFICE TALES, INC Usename, password or account at any
time without the express permission and consent of the holder of that OFFICE TALES, INC
Username, password or account. OFFICE TALES, INC cannot and will not be liable for
any loss or damage arising from your failure to comply with these obligations.
Links to Other Sites
This Site may contain links to other independent third-party Web sites (“Linked Sites”).
These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites
are not under OFFICE TALES, INC control, and OFFICE TALES, INC is not responsible for
and does not endorse the content of such Linked Sites, including any information or
materials contained on such Linked Sites. You will need to make your own independent
judgment regarding your interaction with these Linked Sites.
Disclaimers
OFFICE TALES, INC DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR
FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY
DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE
SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND
“AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO
CHANGE WITHOUT NOTICE. OFFICE TALES, INC CANNOT ENSURE THAT ANY FILES OR
OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR
CONTAMINATION OR DESTRUCTIVE FEATURES. OFFICE TALES, INC DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY,
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
OFFICE TALES, INC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND
CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF
THE SITE AND/OR ANY OFFICE TALES, INC SERVICES. YOU ASSUME TOTAL
RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE
REMEDY AGAINST OFFICE TALES, INC FOR DISSATISFACTION WITH THE SITE OR ANY
CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF
RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of
performance, error, omission, interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, theft or destruction of or
unauthorized access to, alteration of, or use, whether for breach of contract, tort,
negligence or any other cause of action.
OFFICE TALES, INC reserves the right to do any of the following, at any time, without
notice: (1) to modify, suspend or terminate operation of or access to the Site, or any
portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the
Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or
any portion of the Site, as necessary to perform routine or non-routine maintenance,
error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will OFFICE TALES, INC be liable to you for
any indirect, consequential, exemplary, incidental or punitive damages, including lost
profits, even if OFFICE TALES, INC has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, OFFICE TALES, INC is
found to be liable to you for any damage or loss which arises out of or is in any way
connected with your use of the Site or any Content, OFFICE TALES, INC liability shall in no
event exceed the greater of (1) the total of any subscription or similar fees with respect to
any service or feature of or on the Site paid in the six months prior to the date of the
initial claim made against OFFICE TALES, INC (but not including the purchase price for any
OFFICE TALES, INC products or any Membership agreements), or (2) US$100.00. Some
jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply
to you.
Indemnity
You agree to indemnify and hold OFFICE TALES, INC, its officers, directors, shareholders,
predecessors, successors in interest, employees, agents, subsidiaries and affiliates,
harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees),
made against OFFICE TALES, INC by any third party due to or arising out of or in
connection with your use of the Site.
Violation of These Terms of Use
OFFICE TALES, INC may disclose any information we have about you (including your
identity) if we determine that such disclosure is necessary in connection with any
investigation or complaint regarding your use of the Site, or to identify, contact or bring
legal action against someone who may be causing injury to or interference with (either
intentionally or unintentionally) OFFICE TALES, INC rights or property, or the rights or
property of visitors to or users of the Site, including OFFICE TALES, INC customers.
OFFICE TALES, INC reserves the right at all times to disclose any information that OFFICE
TALES, INC deems necessary to comply with any applicable law, regulation, legal process
or governmental request. OFFICE TALES, INC also may disclose your information when
OFFICE TALES, INC determines that applicable law requires or permits such disclosure,
including exchanging information with other companies and organizations for fraud
protection purposes.
You acknowledge and agree that OFFICE TALES, INC may preserve any transmittal or
communication by you with OFFICE TALES, INC through the Site or any service offered on
or through the Site, and may also disclose such data if required to do so by law or OFFICE
TALES, INC determines that such preservation or disclosure is reasonably necessary to
(1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that
any such data violates the rights of others, or (4) protect the rights, property or personal
safety of OFFICE TALES, INC, its employees, users of or visitors to the Site, and the
public.
You agree that OFFICE TALES, INC may, in its sole discretion and without prior notice,
terminate your access to the Site and/or block your future access to the Site if we
determine that you have violated these Terms of Use or other agreements or guidelines
which may be associated with your use of the Site. You also agree that any violation by
you of these Terms of Use will constitute an unlawful and unfair business practice, and will
cause irreparable harm to OFFICE TALES, INC, for which monetary damages would be
inadequate, and you consent to OFFICE TALES, INC obtaining any injunctive or equitable
relief that OFFICE TALES, INC deems necessary or appropriate in such circumstances.
These remedies are in addition to any other remedies OFFICE TALES, INC may have at
law or in equity.
You agree that OFFICE TALES, INC may, in its sole discretion and without prior notice,
terminate your access to the Site, for cause, which includes (but is not limited to) (1)
requests by law enforcement or other government agencies, (2) a request by you (self-
initiated account deletions), (3) discontinuance or material modification of the Site or any
service offered on or through the Site, or (4) unexpected technical issues or problems.
If OFFICE TALES, INC does take any legal action against you as a result of your violation
of these Terms of Use, OFFICE TALES, INC will be entitled to recover from you, and you
agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any
other relief granted to OFFICE TALES, INC. You agree that OFFICE TALES, INC will not be
liable to you or to any third party for termination of your access to the Site as a result of
any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all
disputes, will be governed by the laws of the United States and by the laws of the State of
Florida without regard to its conflicts of laws provisions. You agree to the personal
jurisdiction by and venue in the state and federal courts in Lee County, Florida, and waive
any objection to such jurisdiction or venue. Any claim under these Terms of Use must be
brought within one (1) year after the cause of action arises, or such claim or cause of
action is barred. No recovery may be sought or received for damages other than out-of-
pocket expenses, except that the prevailing party will be entitled to costs and attorneys’
fees. In the event of any controversy or dispute between OFFICE TALES, INC and you
arising out of or in connection with your use of the Site, the parties shall attempt,
promptly and in good faith, to resolve any such dispute. If we are unable to resolve any
such dispute within a reasonable time (not to exceed thirty (30) days), then either
party may submit such controversy or dispute to mediation. If the dispute cannot be
resolved through mediation, then the parties shall be free to pursue any right or remedy
available to them under applicable law.
Void Where Prohibited
OFFICE TALES, INC administers and operates the www.chickfight.com Site from its
location in Lehigh Acres, Florida USA; other OFFICE TALES, INC sites may be administered
and operated from various locations outside the United States. Although the Site is
accessible worldwide, not all features, products or services discussed, referenced,
provided or offered through or on the Site are available to all persons or in all geographic
locations, or appropriate or available for use outside the United States. OFFICE TALES,
INC reserves the right to limit, in its sole discretion, the provision and quantity of any
feature, product or service to any person or geographic area. Any offer for any feature,
product or service made on the Site is void where prohibited. If you choose to access the
Site from outside the United States, you do so on your own initiative and you are solely
responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such
Content, or any product or service offered on the Site, in violation of any applicable laws
or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of
competent jurisdiction to be void or unenforceable, such provisions shall be limited or
eliminated to the minimum extent necessary and replaced with a valid provision that best
embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full
force and effect. These Terms of Use constitute the entire agreement between you and
OFFICE TALES, INC with regard to your use of the Site, and any and all other written or
oral agreements or understandings previously existing between you and OFFICE TALES,
INC with respect to such use are hereby superseded and cancelled. OFFICE TALES, INC
will not accept any counter-offers to these Terms of Use, and all such offers are
hereby categorically rejected. OFFICE TALES, INC failure to insist on or enforce strict
performance of these Terms of Use shall not be construed as a waiver by OFFICE TALES,
INC of any provision or any right it has to enforce these Terms of Use, nor shall any
course of conduct between OFFICE TALES, INC and you or any other party be deemed to
modify any provision of these Terms of Use. These Terms of Use shall not be interpreted
or construed to confer any rights or remedies on any third parties.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. OFFICE
TALES, INC shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Copyright © 1998-2011 OFFICE TALES, INC. All rights reserved.
OFFICE TALES, INC., P.O. Box 489, Lehigh Acres, FL 33970, USA.
