TRADEMARK / COPYRIGHT INFORMATION
All materials on this site, including but not limited to characters, images, illustrations, audio clips, and video clips are
protected by copyrights, trademarks, and other intellectual property rights which are owned and
controlled by VICKO Inc. or by other parties. Materials on ChipHertz.com are solely for your
non-commercial use. These materials may not be copied, reproduced, republished, uploaded, posted,
transmitted or distributed in any way, including by e-mail or other electronic means.
Without the prior written consent of the owner, modification of the use of the materials on any other
web site or networked computer environment, or use of the materials for any purpose other
than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights,
and is prohibited.
The trademarks, service marks, and logos displayed on this Web site are the intellectual
property of VICKO Inc. or third parties. You are not permitted to use these marks or logos
without prior written consent of the owner of the mark or logo.
The contents of this Web site are subject to copyright protection. All rights reserved.
All reproduction, of the contents of this Web site by any means or in any form is illegal.
Reproduction requires the written consent of Vicko Inc.
ACCEPTANCE OF TERMS
WELCOME TO CHIP HERTZ WEBSITE.
Please read the following Terms of Use and Conditions carefully before using this site.
In order to make the ChipHertz.com website an enjoyable experience for everyone, we are providing this web site
under the following Terms of Use and Conditions.
By using this site, you signify your agreement with these Terms of Use and Conditions, all applicable laws,
rules and regulations. If you do not agree with the following Terms of Use and Conditions,
do not use this site. We reserve the right without notice, at our discretion, to modify, alter or
otherwise update these Terms of Use and Conditions at any time and you agree
to be bound by the revised Terms of Use and Conditions. If you breach any of these Terms of Use and
Conditions, your right to use this site terminates and you must destroy any materials printed or
downloaded from this Web site. By using this site you agree that you assent to these Terms
of Use and Conditions and all future modifications, revisions, deletions or changes that we may make.
Please check these terms periodically for changes.
TRADEMARKS, COPYRIGHTS, AND RESTRICTIONS ON USE
Material at this site is provided for lawful information and entertainment purposes only.
Material on this site, including but not limited to images, illustrations, audio clips, is protected by
copyrights, trademarks and other intellectual property rights. Material on ChipHertz.com is solely
for personal, non-commercial use. Such material may not be copied, reproduced, republished,
uploaded, posted, transmitted in any shape, manner or form or distributed in any way, including
by e-mail or other electronic means without the specific prior written consent of VICKO Inc.
Except as expressly permitted in this section. Without the prior written consent of VICKO Inc.,
modification of the materials, use of the materials on any web site or networked computer
environment, or use of the materials for any purpose other than personal, non-commercial use
is in violation of the copyrights, trademarks, and other proprietary rights, and is prohibited.
The trademarks, service marks, and logos displayed on this Web site are the intellectual
property of VICKO Inc. or third parties. You are not permitted to use these marks or logos
without prior written consent of the owner of the mark or logo.
The contents of this Web site are subject to copyright protection. All rights reserved.
All reproduction, of the contents of this Web site by any means or in any form is illegal.
Reproduction requires the written consent of Vicko Inc.
We may make available certain software at our web site, such as screen savers. You may download
such material onto one computer for your personal, non-commercial use only, provided you do
not delete or change any copyright, trademark, or other proprietary notices. If you do download this
software, the software, including any files, images or audio files contained is or generated by the
software, and accompanying data (together, the "Software") is deemed to be licensed to you by VICKO Inc.
Neither title nor any intellectual property rights to any material at this site including, but not limited
to, Software are transferred to you. All material at this site remains the exclusive property of VICKO Inc.
who owns full and complete title. You may not redistribute, sell, decompile, reverse engineer, disassemble,
or otherwise convert the Software to any human perceivable form. Prior written consent must be obtained
from VICKO Inc. for any commercial use of any material provided at this web site.
Software that you download from this Web site is the copyrighted work of VICKO , Inc or third parties.
Its use may be governed by the provisions of a license agreement that accompanies or is included
in the software. Please make sure that you completely understand the inherent dangers in and related
risks resulting from downloading and using any software from the internet. Your use of this downloaded
software is entirely at your own risk.
LINKS
This Web site may contain links to other Web sites. The links are for your convenience only,
and you access them at your own risk. Chip Hertz has no control over these sites.
You acknowledge and agree that Chip Hertz is not responsible for availability of these sites and
is not responsible or liable for the content, advertising, products or other materials at these sites.
Further, you acknowledge and agree that Chip Hertz shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or
reliance on any such content, goods or services available on or through any such site or resource.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The material at this site could include technical inaccuracies or typographical errors.
We may make improvements or changes at any time. The materials at this web site
are provided "as is" and without warranties of any kind either expressed or implied.
VICKO Inc. disclaims all warranties, expressed or implied, including, but not
limited to, implied warranties of merchantability and fitness for a particular purpose, other than
those warranties which, under the laws applicable to this agreement, are implied by law and are
incapable of exclusion, restriction, or modification. Neither VICKO Inc., nor its affiliated or related entities,
nor any person involved in the creation, production, and distribution of Chip Hertz Web site
warrant that the functions contained in the materials will be uninterrupted or error-free, that defects
will be corrected, or that Chip Hertz or the server that makes them available are free of viruses
or other harmful components. The material that you read on Chip Hertz web site is provided solely for
entertainment and promotional purposes. VICKO Inc. does not warrant or make any representations
regarding the use or the results of the use of the materials in Chip Hertz web site in terms of their
correctness, accuracy, reliability or otherwise. You assume the entire cost of all necessary
servicing, repair or correction.
You expressly agree that use of this web site is at your own risk. You (and not VICKO Inc.) assume
the entire cost of all necessary servicing, repair, or correction. You expressly agree that neither
VICKO Inc., nor its affiliated or related entities, nor any of their respective employees, or agents,
nor any person or entity involved in the creation, production, and distribution of Chip Hertz web site are
responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential,
punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever
based upon resulting from the used of this site. By way of example, and without limiting the
generality of the foregoing, VICKO Inc. and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission,
interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access
to or alteration of personal records, or the reliance upon or use of data, information,
opinions, or other materials appearing on this site. You expressly acknowledge and agree that
VICKO Inc. is not liable or responsible for any defamatory, offensive or illegal conduct of
other subscribers or third parties. The above limitation or exclusion may not apply to you
to the extent that applicable law may not allow the limitation or exclusion of liability for
incidental or consequential damages. VICKO Inc.'s total liability to you for any and all losses, damages, and causes of action (including without limitation, in contract, tort
or otherwise) will not exceed the amount you paid to access this site.
SUBMISSIONS
VICKO, Inc., does not accept unsolicited submissions from this web site. We ask that you
do not submit creative materials, suggestions or ideas. If we request certain submissions
from you (e.g., e-mails, message boards, contests, etc) or, you make other submissions contrary
to our requests that you do not do so, any and all materials and submissions you make
to ChipHertz.com, shall be deemed and shall remain the property of VICKO Inc. Nothing submitted
by you to ChipHertz.com, shall be subject to any confidentiality obligations on the part of VICKO Inc.,
and VICKO Inc. shall not be liable for any use of disclosure of the submissions or information.
Without limitation, VICKO Inc. shall exclusively own all now known and hereinafter existing rights to
submissions for any purpose whatsoever, commercial or otherwise, without compensation
to the provider of the submissions.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, VICKO Inc., its affiliates, officers, agents,
partners, employees, and providers, licensors, representatives, and third party
providers to the site from and against all losses, expenses, damages, and costs,
including attorney's fees and court costs, made by any third party due to or arising from
your use of this site, your connection to this site, your violation of the Terms of Use and Conditions,
or failure to abide by applicable law, or your violation of the rights of any other user of member.
DEALINGS WITH THIRD PARTIES, INCLUDING ADVERTISERS
Your contact and dealings with third parties and advertisers, including participation in promotions
and contests, found on this web site, including payment and delivery of related goods or services
and any other terms, conditions, warranties, or representations associated with such dealings,
are solely between you and such third party or advertiser. You agree that VICKO Inc. shall not be
liable or responsible for any loss or damage that you may suffer as a result of such dealings
or as the result of the presence of such third parties or advertisers on this site.
TERMINATION
These Terms of Use are effective until terminated by either party. You may terminate this
agreement by destroying: (a) all material obtained from this site, and (b) all related
documentation and all printouts. These terms will terminate immediately without notice
from VICKO Inc., if in VICKO Inc.'s sole discretion you fail to comply with any term or provision
of these terms. Upon termination, you must destroy all materials obtained from this site
and all copies thereof, whether made under the terms of these terms or otherwise.
POSTCARDS
With respect to electronic postcards that can be sent from this site, please note that the
text of some or all of the message can be inserted by the sender. VICKO Inc. does not
review such materials and as such they are the sole responsibility of the sender.
Further note that VICKO Inc. is not able to identify the “true” sender of postcard(s).
FORUMS AND PUBLIC COMMUNICATION
“Forum” means a e-mail function offered as a part of this site. You shall not upload to,
distribute through, or otherwise publish through this site any content which is libelous,
defamatory, obscene, pornographic, threatening, invasive of privacy or publicity
rights, abusive, or otherwise objectionable that would constitute or encourage a
criminal offense, violate the rights of any party, or that would otherwise give rise to liability or
violates any law. The Forums shall be used only in a non-commercial manner. You
shall not, without our express approval, distribute or otherwise publish any material
containing any solicitation of funds, promotion, advertising, or solicitation for goods
or services. You specifically acknowledge that soliciting online guests to join or
become members of any commercial online service or other organization is expressly
prohibited. It is our policy to respect the privacy of all guests. In addition, we may at our
sole discretion, monitor, edit, or disclose the contents of a guest's e-mail when required
in the course of normal maintenance of this site and its systems particularly when required
to do so by law or in the good-faith belief that action is necessary to: (i) comply with the law
or comply with legal process served on us; (ii) protect the rights or property of VICKO Inc.; or
(iii) act in an emergency to protect the personal safety of our guests. Guests shall remain
solely responsible for the content of their messages. By posting or uploading materials to any
Forum submitting any materials to us, you automatically grant (or warrant that the owner of
such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate create derivative
works from and distribute such materials or incorporate such materials into any form,
medium or technology now known or later developed throughout the universe. In addition,
you warrant that all so-called “moral rights” in those materials have been waived. You agree
to indemnify VICKO Inc. for any and all claims, damages, losses and causes of action arising
as a result of your posting or uploading materials to and Forum or submitting any material
to us or your failure to comply with these terms of use. While VICKO Inc. does not and
cannot review every message posted by users in the Forums and is not responsible
for the content of these messages, VICKO Inc. reserves the right to delete, move, or edit
messages that it, in its sole discretion, deems abusive, defamatory, obscene, in
violation of copyright, trademark laws, or otherwise unacceptable.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in the ChipHertz web site is presented solely
for the purpose of entertainment and promoting products available in the United States,
its territories, possessions, and protectorates. This site is controlled and operated
by VICKO Inc. from its offices within the State of New Mexico, United States of America.
VICKO Inc. makes no representation that materials in this site are appropriate for use
in other locations. Those who choose to access this site from other locations do so
on their own initiative and are responsible for compliance with local laws, if and to
the extent local laws are applicable. Software from this site is further subject to United
States export controls. No software from this site maybe downloaded or otherwise
exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria, or any other country to which the U.S. has embargoed
goods; or (ii) to anyone on the U.S. Treasury Department's list of specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading
or using the Software, you represent and warrant that you are not located in, under
the control of, or a national or resident of any such country or on any such list.
YOUR REGISTRATION OBLIGATONS
In consideration of your use of this web site, you agree that you will: (i) provide
true, accurate, current and complete information about yourself should you choose
to register for any of he the ChipHertz.com, services that request or require
registration information and (ii) timely update any and all registration data you
provide to keep the information accurate, current and complete. VICKO Inc. reserves the
right to suspend or terminate any account you may have established at any of its
properties if you provide any information that is false, misleading, untrue or
incomplete. In addition, VICKO Inc., reserves the right to deny you current or
future access to any and all of its current or future properties if VICKO Inc. has
grounds to believe that any information provided by you is false, misleading,
inaccurate, untrue, or incomplete.
PASSWORDS
You may only access some content of this Web site with a password.
By registering for this password, you represent that the information provided by you is true and accurate. You acknowledge that you are solely responsible for all
activities under your user name, password, and account and that Vicko Inc. may
hold you liable for any claims against VICKO Inc. or losses incurred by VICKO Inc.
arising from a misuse of your name, password, or account.
UPGRADE CLUB
The annual membership fee is currently $10.00. We may change the membership fee at any time, but the changes
will apply only to new and renewal memberships. The fee is not refundable.
The Upgrade Club membership is non-transferable.
The initial term of the membership shall commence on the date it is purchased and continue until one year
from the day on which the membership was purchased.
We expect members to submit and maintain accurate information in connection with their Upgrade Club membership
account. Such information includes name, address, e-mail address, and telephone number.
GENERAL INFORMATION
These Terms of Use and agreement shall be governed by, construed and enforced
in accordance with the laws of the State of New Mexico, United States of America, without
giving effect to any principles of conflicts of law. The failure of VICKO Inc.
to enforce or exercise any provision or right under these Terms of Use shall not constitute
a waiver of such right or provision. You agree that any action at law
or in equity arising out of or relating to these Terms of Use shall be filed only in the state
or federal courts located in Bernalillo County in the State of New Mexico and you
hereby consent and submit the personal jurisdiction of such courts for the purposes
of litigating any such action. In no event shall you be entitled injunctive or other
equitable relief. If any provision of these terms shall be unlawful, void, or for
any reason unenforceable then that provision shall be deemed severable from
these terms and shall not affect the validity and enforceability of any
remaining provisions. This is the entire agreement between us relating to the
subject matter herein and shall not be modified except as posted by VICKO Inc.
on this web site or in writing, signed by VICKO Inc.
