TERMS AND CONDITIONS OF USE

These are the official terms of use ("Terms and Conditions") for www.chivoneglobal.com (the "Website") and Chivone mobile and Facebook applications, including Ratings & Reviews (the "Applications") (collectively, the "Sites"). The content and services available on the Sites are provided to you by CHIVONE ("CHIVONE ", "We" or "Us") subject to the following terms and conditions. By using the Sites, you acknowledge and agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or use the Sites. We may change these Terms and Conditions at any time, without notice to you. For this reason, we recommend that you regularly check this page to ensure that you have read the most recent version. Such changes are effective when they are posted to the Website. Capitalized words used in these Terms and Conditions, other than those capitalized only for grammatical purposes, shall have, in both their singular and plural forms, the meaning ascribed to them where the capitalized words appear inside quotation marks.

1. Website Content.

The Content, defined below, presented on this Website is only intended for educational, informational purposes. You should always check the ingredients for products to avoid potential allergic reactions, as CHIVONE may change ingredients from time to time. All products and any samples are to be used for personal use only and should be used strictly in accordance with their instructions, precautions and guidelines.  

2. Indemnification.

You agree to defend, indemnify and hold CHIVONE, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, punitive damages including reasonable attorneys' fees, arising in any way from your use of the Sites, your placement or transmission of any message, Content, User Materials, information, software or other materials on or through the Sites, or your breach or violation of the law or of these Terms and Conditions.

3. Website Content; License.

CHIVONE and/or its licensors own all rights, titles and interest in and to the Sites’ layout, design, feel, text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on the Sites ("Content"), including but not limited to any copyrights, Trademarks (as defined below), patent rights and other intellectual property and proprietary rights therein. Your use of any Site does not grant you ownership of any such Content. Subject to these Terms and Conditions, CHIVONE grants you a limited, revocable, and non-transferable license to use the Sites and the materials contained thereon only for your personal, non-commercial use.

4. Trademarks.

The trademarks, logos, service marks and trade names (individually, a "Trademark" and collectively, the "Trademarks") displayed on the Sites or on content available through the Sites are registered and unregistered Trademarks of CHIVONE and its assigned agents and may not be used unless authorized by the Trademark owner. All Trademarks not owned by Us that appear on a Site or on or through a Site's services, if any, are the property of their respective Trademark owner. Nothing contained on the Sites should be construed as granting, by implication, or otherwise. Your misuse of these displayed on the Sites is strictly prohibited.

5. Prohibited Customer Activity.

Unless expressly permitted in these Terms and Conditions or with CHIVONE’s written consent, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transfer, sell or in any way exploit the Content of any of the Sites. CHIVONE will aggressively enforce its intellectual property rights to the fullest extent of the law. You or your agents shall not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other means of accessing, logging-in or registering on the Sites or for any services, features offered on or through the Sites, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Sites or the services offered on or through the Sites, including, without limitation, any information in any capacity; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Sites through any means; (iii) use the Sites or the services made available on or through the Sites in any manner with the intent to interrupt, damage, disable, overburden, impair the Sites or such services, or interfere with any other party's use and enjoyment of the Sites including, in any capacity; (iv) use the Sites or the Sites' services or features in violation of CHIVONE or any third party's intellectual property.

6. User Information.

If you register with this Website, or another Site, you may be asked to provide personal information. Our information collection and use policies are set forth in the Site’s Privacy Policy http://www.chivoneglobal.com

7. User Comments, Feedback, and Other Submissions.

USER CONTENT

Users of our Sites and our other interactive services may have the opportunity to respond and post content, including product reviews, features, other data, information, materials, writings, images, photographs, audio recordings, and video recordings (collectively "User Materials"). User Materials do not reflect the views of CHIVONE, and CHIVONE does not guarantee the accuracy, truthfulness or reliability of any User Materials, nor endorse any opinions expressed in any User Materials. CHIVONE assumes no responsibility or liability for, or in connection with any User Materials. You are solely responsible for any User Materials you post on the Sites, and once posted or transmitted, cannot always be edited or withdrawn. We cannot be responsible for maintaining any User Materials that you provide to us. All User Materials must comply with CHIVONE’s Comment Submission Policy below.

COMMENT SUBMISSION POLICY

CHIVONE encourages User Materials on the Sites and User must be a registered user to submit User Materials on the Sites, which are subject to the following rules:

  • Be respectful of others.

  • Never submit anything unlawful, threatening, abusive, harassing, obscene, defamatory, any material that would violate the law or the rights of others, or any material that you know or think might be false, inaccurate or misleading. Please do not post "ad hominem" or personal attacks against other users or CHIVONE employees.

  • Commercial solicitations or advertising for other personal or commercial blogs and websites are not permitted. Repeatedly making the same post in multiple places is not allowed, and links to obscene or offensive sites are strictly prohibited. When in doubt, remember, the Sites are public forums. Use the same judgment and care you would when standing in front of an audience of thousands.
    User Materials you submit, you represent and warrant that:

  • you are the sole author and owner of the intellectual property rights; you are at least 13 years old;you are not impersonating, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;

  • All conditions apply even if you were compensated or granted any consideration by any third party;

  • If your User Materials include ideas, suggestions, documents or proposals to CHIVONE LLC, you hereby acknowledge and agree that: (a) CHIVONE may have something similar to your User Materials already under consideration or development; and (b) you are not entitled to compensation, payment or reimbursement of any kind for such User Materials from CHIVONE or any of its affiliates under any circumstances unless you are otherwise notified by CHIVONE in writing to the contrary.

8. Links to and from the Website.

If you link from any other website to our Website, such link shall open in a new browser window or tab and shall link to the full version of the Website. You are not permitted to use any linking method whereby the Content is hosted by Us but displayed on another web site (this practice is sometimes referred to as "in-line" linking). You may not link to or from any other web site to this Website in any manner such that the Website, or any page of the Website, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website. CHIVONE may from time to time provide links to other websites or applications (collectively, "Third Party Websites") as a service to those interested in this information. Links to Third Party Websites may also be posted by Third parties on CHIVONE 's social media presences or applications (e.g., Facebook, Twitter, YouTube, and Tumblr). You acknowledge and agree that CHIVONE has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided (or embedded) by or through Third Party Websites, even if they are owned or affiliates of CHIVONE LLC. You use Third Party Websites at your own risk.

9. Product Information, Pricing and Color.

We cannot guarantee the accuracy of the product descriptions, which will change from time to time with product images, pricing, promotions, availability, ingredients or other information or content on the Sites. There may be listings that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We try to accurately display the colors of the products you see on the Sites, however, we cannot guarantee that the colors you see on your monitor will be accurate. CHIVONE reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

10. DISCLAIMER OF WARRANTIES.

THE SITES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.

11. Viruses, Hacking And Other Offenses

You must not misuse the Sites by knowingly introducing viruses, trojans, worms, logic bombs or any content which is malicious or technologically harmful; or/and Gaining unauthorized access to the Sites, the servers on which the Sites are stored or any server, computer or database connected to the Sites.

12. Copyright.

We respect the intellectual property rights of others, and require that the people who use our Sites do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

13. Termination.

We may change, restrict, suspend or discontinue the Sites or its services at any time; or for any other reason without notice or liability.

14. Applicable Laws.

These Terms and Conditions are governed by the laws of the United States and the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under this Agreement will be brought in the appropriate court in New York County and you agree to submit to the personal and exclusive jurisdiction of the courts located in New York County.