Chopall is not like the other websites that you've seen in your life rather it is different. Chopall connects you with your friends, family, colleagues and everyone you may know. In other words, it's like a social networking site, but it has something special that makes it unique, creative and distinctive. Chopall keeps updating you in every field – technology news, breaking news, mobile reviews, and health.
We're a crack team of mobile lovers, web designers, and article writers. We work day in and day out to keep our audience engaging in everything, all in one place. We know that a thousand websites exist – on the internet – that do the same as we do, but we're proud to say we bring everything at one place so that you should not need to visit other websites to see the results as you can see here. You will be able to watch live football matches, cricket matches, live seminar, breaking news, and the best of it is social media you will be able to chat with your friends.
Do you think, you will find such a website? A big no! What are you waiting for? Keep Visiting Chopall!
APPLICABILITY AND USER RESTRICTIONS
The Sites are not directed to children under the age of thirteen (13). In compliance with the Children’s Online Privacy Protection Act (“COPPA”), we use reasonable commercial efforts to adhere to the prohibition on the collection of personal information online from children under the age of thirteen (13) without first obtaining verifiable parental consent. At a minimum, the Sites prohibit registration by, and will not knowingly collect personally identifiable information from, anyone under the age of thirteen (13). Site use and membership is void where prohibited by law.
INFORMATION WE COLLECT AND HOW WE USE IT
Whether you are a Site visitor, user of a particular Service, or a registered member, we take certain steps to protect your information. Collection of information is usually grouped into three categories: Personal Information, which is information that is personally identifiable to a specific visitor (further defined below), non personally identifiable information, which is information that is passively collected and information you may providethat is traceable to a computer or device but does not include Personal Information and is therefore not traceable back to you and cannot be used to identify a specific individual (further defined below) and aggregate information, which is general demographic information collected from large numbers of Site visitors that does not identify any individual member and is aggregated into statistical data and information. We may use or disclose non personal and aggregate information about you with third parties for any purpose. Depending on the circumstances, we may or may not charge third parties for this information, or limit the third parties’ use of such information.
Some of the ads you receive on Site pages are customized based on predictions about your interests generated from your visits to the Sites (“Behavioral Advertising”). IONE adheres to the Self-Regulatory Principles for Online Behavioral Advertising (the “Principles”), developed by leading industry associations to apply consumer-friendly standards to online behavioral advertising across the Internet and mobile devices. To learn more about the Principles, and how to opt-out of Behavioral Advertising please email at
Please note that whenever you publicly disclose information about yourself online (e.g., through email, social networking platforms, forums, message boards, chat areas, or similar web pages), such information may be collected, exported and used by people that you do not know. Posting personal information in public places may result in unsolicited communications, including unwanted email messages or other forms of contact. Always be smart about the information you provide online. We bear no responsibility for any action or policies of any third parties who collect any information you may disclose on the Sites.
Certain features and Services of the Sites may require you to first complete a registration form and create a user name and password. During registration you are required to provide certain Personal Information. We may use this information to contact you about the services on our Site in which you have expressed interest. In addition to Personal Information collected for registration purposes, we may collect and store the following:
(a) your responses to the offerings and advertisements presented on the Sites;
(b) information about the Sites’ Services or features that you use, and how frequently you use them;
(c) commercial transaction-related information (such as credit card or other preferred means of payment, billing or shipping information, or a history of products purchased through the Sites);
(d) your responses to or entries for surveys, sweepstakes, and contests and requests for services, products, newsletters or information;
(e) customer service information about you as a user of a Site, including any suggestions you submit to us for review;
(f) community discussions, chats, dispute resolution, correspondence through our Sites, and correspondence sent to us;
(g) your activity on the Sites, including adding a friend, sharing a photo or video, or accessing an application)
Profile and Preference Information
So that you can make the most of our social networking features, your member name, profile photo and certain other profile information associated with your account with a Site or with any third party sites shared by you through a Site will not be private. Depending on your privacy settings, you can control other information shared on your member page. If you do not wish to share photos of yourself with other members, then delete them or do not post them.
Web Beacons and Similar Technologies
The Sites and our e-mail messages may contain a small graphic image called a web beacon that monitors and collects certain limited information about the viewer of the web page or e-mail message. Web beacons typically are very small (generally 1-by-1 pixel) and invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail message, including an advertisement or HTML content, can act as a web beacon. We may use web beacons or similar technologies for a number of purposes, including without limitation, to count visitors to our web pages or to monitor how our users navigate the Sites, and we may include web beacons or similar technologies in e-mails in order to count how many e-mails (or particular articles, links, etc.) that we send are actually opened. Additionally, our advertising providers may use web beacons or similar technologies to personalize and measure the effectiveness of their advertisements using data gathered over time from users of the Sites. If you would like more information about the information collection practices of some of these third party advertising companies and to learn which of these companies allow you to opt out of this type of information collection, please click here.
IP Address and Log Files
Upon visiting the Sites, we may collect and store your browser type and IP address to help diagnose problems with our server, to administer the Sites, to help identify and analyze user trends, to customize content and advertisements offered to you, and to gather broad demographic information for aggregate use.
INFORMATION WE RECEIVE FROM THIRD PARTIES
In addition to information that you provide or we collect through the Sites and Services, we may verify or collect certain information about you from third parties. We may combine this third party information with information we have already collected from you via the Site and Services and use this information for a variety of reasons including customizing content made available to you, provide promotions and marketing offers tailored to your preferences and to improve the content of the Sites and to help identify and analyze user trends, and to gather broad demographic information for aggregate use. Information received from third parties may include the following:
(a) your activity on certain third party sites or services for which you have consented to connect or share through your account on a Site;
(b) information from other companies, such as demographic and traffic data; and
(c) other information from your interaction with our Sites, services, content and advertising, collected by third party advertisers or providers including computer and/or mobile device connection and location information, browser type, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information.
SHARING YOUR INFORMATION WITH THIRD PARTIES
Third Party Content
Third Party Applications and Websites
IONE may not own or operate all applications, Services or websites (e.g., games or tools) accessible through the Sites, or otherwise made available to you by IONE. Similarly, data may be collected through applications owned or operated by different parties on a particular device or through a particular application for the purpose of delivering ads or providing advertising related services or statistical reporting. As a result, when you use these third party applications or websites, we may share your information along with the location of your computer or mobile device to enable your use of such services and for age verification and security purposes, and to allow visitors to contribute to marketing research via third party measurement software included within the application among other purposes. IONE may offer you the option to connect your member profile and activity on the Sites with certain third party services such as Facebook, or Twitter (“Third Party Services”). When you consent to publish your information or activity on the Sites to any Third Party Services, such information will be viewable by the communities on such Third Party Services and may be used by such Third Party Services in accordance with their posted privacy practices, or if another member in your friend list uses a third party application or website, it may receive your non-private member information so that you may be separately linked with your friend. If third party applications or websites seeks any further information, your consent should be requested. We cannot guarantee that such applications or websites will follow our privacy practices, so we encourage you to always review their information sharing policies and to report any application or website that may be in violation of our privacy practices.
Online Shopping Services
The Sites may offer shopping services either directly or through a partner that operates a service under contract with us. If a Site offers shopping or other commercial services, the customer order form will ask you to provide certain Personal Information, including credit card or other payment data. The financial information that you provide will be used by IONE or its partners to bill you for products and services that you request and for any other uses to which you have consented. By giving the Site your payment data and related Personal Information, you are authorizing us to give that information to the merchant and credit card company and/or you are authorizing IONE’s partner directly to confirm and fulfill your order. In addition, IONE and/or our partners will use contact information from the order form to fulfill your orders and for customer service purposes. IONE will not otherwise use or distribute your financial information without your prior approval.
Other Third Parties
IONE may share or transfer the information it collects with third parties including vendors, service providers, advertisers, contractors and IONE agents acting on behalf of IONE and who help to operate the Sites. Examples of such service providers include third parties that provide processing, storage, technical or fulfilment services, data analysis, customer service and emails, audio and video streaming, IONE my provide these companies with access to user information, including Personal Information, to carry out the services they are performing for you and IONE. While IONE may use third party analytics providers to evaluate and provide IONE with information about the Sites and Services, the Sites audience and Sites content, IONE does not share Personal Information with these analytics service providers, but the providers may set and access their own cookies, web beacons and embedded scripts on your device and they may otherwise collect or have access to information about you, including Non Personal Information.
Our employees, agents and contractors must have a “need-to-know” business reason to obtain access to your Personal Information. We may share your Personal Information with those who help us manage or provide content or other services for the Sites (e.g., forum administration, order fulfillment, statistical analyses, data processing), or with outside contractors, agents or sponsors who help us with the administration, judging and prize fulfillment aspects of contests, promotions and sweepstakes. Such outside contractors, agents or sponsors may temporarily store some information on their servers, but they may only use your Personal Information to provide the Sites with a specific service and not for any other purpose without your consent. We may also provide your Personal Information to a third party where you have chosen to receive certain information and have been notified that the fulfillment of such a request requires sharing your Personal Information. We also may share your Personal Information with any affiliated companies and partners if we have a business reason to do so.
We may access or disclose your Personal Information without your consent in order to: (i) protect or defend our legal rights or property, including those of our affiliated companies or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of other users of the Sites or members of the public, including responding to claims that a listing or other content violates the rights of others, or protect anyone’s rights, property, or safety; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process. In addition, if any Site is sold to or merges with another company not owned by or affiliated with IONE, we may transfer your Personal Information to any acquiring or merging party as part of that transaction.
YOUR PRIVACY CHOICES
The following sub-headings apply only to those Sites for which user registration is available.
Access to Personal Information
You have the opportunity to correct, update or remove Personal Information you have provided to us at any time. Upon entering any Site, you may sign in using your previously issued login name and password. After signing in, click on “My Page” and you will have the option of either modifying or deleting your member profile settings through the “Edit Profile” or “My Account” links. If you have forgotten your login name or password, click the “Forgot your password?” link, and following verification, your login name and/or password will be sent to your email address.
Activity Associated with Your Member Name
Your member name is displayed to other members throughout the Sites and depending on your activity (e.g., blogging) on any Sites, may also be available to the public. All of your activity on our Sites is traceable to your member name. Therefore, if you associate your name with your member name, the people to whom you have revealed your name will be able to personally identify your Site activities.
You may opt-out of receiving e-mail communications from us at any time by either following the instructions to unsubscribe within an email you receive from this Site or by logging in to your account and selecting “Email Alerts” under the “My Account” link. As explained above, if you choose not to provide us with information sought on registration or sign up forms, it is possible that you will not be able to access or use certain features of certain Sites.
Your Member Profile
The Sites may allow you invite a friend to view or use certain features or services Sites, including online shopping services. To refer a friend, information including your friend’s email address is required. Such information is collected and stored to send this one-time invitation, to allow for your friend’s registration and to track the success of our referral program. Your friend may contact us at to request that we remove this information from our records.
SECURITY OF YOUR PERSONAL INFORMATION
Your member profile is password-protected so that you and only you have access to this information. Please use a unique combination of numbers, letters and special characters and do not disclose your Site password to anyone for greater protection. If you share your computer with other people, or use a publicly accessible computer, sign out of your
We may change these Terms of Service, in whole or in part, at any time. Posting of the updated Terms of Service on the Website will constitute notice to you of any such changes, although we may choose other types of notice for certain changes. Changes will become effective upon notice. Your continued use of the Services following notice shall constitute your acceptance of all changes, and each use of the Services constitutes your reaffirmation of your acceptance of these Terms of Service. If you do not agree to the changes to these Terms of Service, you sole and exclusive remedy will be to terminate your account and use of the Services.
1. BECOMING A MEMBER OF AND REGISTERING FOR THE SERVICES.
A. Accessing the Services and Becoming a Member. THE SERVICES ARE INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS 18 YEARS OF AGE AND OLDER. BY ACCESSING AND USING THE SERVICES, YOU ARE CERTIFYING THAT YOU ARE AT LEAST 18 YEARS OLD. While there are parts of the Services where access requires the payment of a fee ("Paid Services"), there is no cost to register to become a member of the Services. The specific Services available to you will vary depending upon (1) whether you register as a member, (2) the community affiliation(s) to which you have self-identified, and (3) whether or not you choose to purchase Paid Services.
Without limiting any of the foregoing, you are responsible for ensuring that the email address you provide to us is valid and that the services, software or systems you use to access your email ("Email Systems") do not block or filter Communications (as defined below). We ask that you use your personal email address when registering. If you provide us with a non-personal email address or use an Email System that interferes with the delivery of Communications, we may not be able to provide you with certain Services. Your failure to provide us with an email address to which we can consistently deliver email may result in the termination of your account.
C. Your Password. During the registration process we will provide you with a unique registration number. We will also either ask you to create a password or assign you a random password, which you can change at any time by logging onto the "Account" portion of the Services. Alternatively, you may have the option of using your Facebook login credentials or similar login processes or co-registration forms from or on other third party websites to create an account and authenticate your access to the website. Because any activities that occur under your registration number or password are your responsibility, it is important for you to keep your registration number and password secure. Notify us immediately if you believe that someone has used your registration or password without your authorization.
2. PAID SERVICES
Access to some of the Services requires the purchase of Paid Services. If you elect to purchase Paid Services, you agree to our storage of your payment information and understand that your Paid Services are personal to you, such that you may not transfer or make available your account name (and/or registration number) and password to others. Any distribution by you of your account name and password may result in cancellation of your Paid Services without refund and/or additional charges based on unauthorized use. We reserve the right, from time to time, to change the Paid Services, with or without prior notice to you.
A. Payment. Prices for all Paid Services are in U.S. dollars and exclude any and all applicable taxes, unless expressly stated otherwise. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. If you purchase Paid Services, you agree to pay, using a valid credit or debit card or other form of payment that we may accept from time to time ("Payment Method"), the applicable fees and taxes (if any) set forth in the offer that you accepted. We reserve the right, upon prior notice to you, to change the amount of any fees and to institute new fees, effective at the end of your current subscription period. All authorized charges will be billed to your designated Payment Method on the terms described in the specific offer. If payment cannot be charged to your Payment Method or your payment is returned to us for any reason, we reserve the right to either suspend or terminate your access to the unpaid-for Paid Services. It is your responsibility to ensure that sufficient funds are available to cover the charges for the Paid Services, and we have no liability for any overdraft or other fees that you may incur as a result of our processing of your payment.
B. Automatic Renewal Program. Upon your acceptance of an offer for the purchase of any subscription-based Paid Services, you will be enrolled in our automatic renewal program to help ensure that there is no interruption in your access to such Paid Services. Under this program, you authorize us to automatically renew your subscription at the end of the term of the subscription you purchased, and each subsequent term, for the same term length of the subscription you initially purchased (unless otherwise stated in the offer you accepted). Unless you change your renewal status as described below, at the time of each such renewal you authorize us to charge your designated Payment Method at the then-current, non-promotional price (unless otherwise stated in the offer you accepted) for the renewal of your subscription. If you no longer want to be enrolled in our automatic renewal program, you can change your renewal status at any time by logging onto the Account portion of the Website, clicking on "Account & Billing" and changing your renewal option from "automatic" to "manual". Please note that changing your renewal option in this way will only stop future automatic renewals of your subscription and will not impact any automatic renewals that occurred prior to the date of your status change.
C. Current Information. You must provide us with current, complete and accurate information for your Payment Method. You must promptly update all information to keep your Payment Method current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify us if your Payment Method is cancelled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made by accessing "Account & Billing" on the Account portion of the Website. If you fail to provide us with any of the foregoing information, you agree that you are responsible for fees accrued under your Payment Method. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
D. No Refund Policy. All fees relating to Paid Services, including the initial fees and any subsequent automatic renewal fees (as described above), are non-refundable. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, we may in our discretion cancel your Paid Services immediately. If we successfully dispute the reversal, and the reversed funds are returned to us, you are not entitled to a refund or to have your Paid Services reinstated.
3. MEMBER CONDUCT.
A. Community Guidelines. The Services contain areas that enable members to communicate and share information, including without limitation sending email through the Services, providing information on your profile pages, and posting information on message boards, forums and other areas where you may interact with other members (collectively, the "Communication Tools"). When you use the Communication Tools, you may have the opportunity to disclose, post, upload, or otherwise publicly display, or to share directly with other members, information and other content, including without limitation biographical information, photographs, stories and comments (collectively, "Content"). While we may provide you with these Communications Tools, we also wish to remind you that you should choose carefully what information you post via the Services and share with other members.
You are required to use the Communication Tools responsibly, just as you would act responsibly when communicating or interacting with others in your offline communities. As a result, we expect and require that you take full responsibility for the Content that you post on or send through the Services. We have established some "Community Guidelines" that outline your responsibilities when using the Communication Tools.
The following Community Guidelines apply to and govern your use of the Communication Tools:
Do not create a false identity, impersonate any person or entity, or otherwise misrepresent yourself, your age or your affiliation with any person or entity
Do not register more than one personal membership or register on behalf of another person
Do not post telephone numbers, street addresses or email addresses in Content that is publicly accessible on the Services, with the exception of the location of a reunion or other appropriate event
Do not engage in behavior meant to threaten, harass, intimidate or bully others or which constitutes predatory or stalking conduct
Do not use the Services as a venue to air personal disputes with other individuals
Do not provide any Content that is illegal, obscene, pornographic or sexually explicit, depicts graphic or gratuitous violence or illegal drug paraphernalia, or is derogatory, demeaning, malicious, defamatory, abusive, hateful, racially or ethnically offensive, or otherwise determined to be objectionable
Do not provide any Content that encourages a criminal offense or infringes, misappropriates, or otherwise violates the intellectual property rights or other rights of any third party
Do not post web addresses that link to pornographic or inappropriate content, websites that promote your or someone else's commercial gain, websites that provide services similar to those offered by us, or any other content that violates these Community Guidelines
Do not provide or post private communications from us or any other party without such party's permission
Do not copy or re-post content provided by others or otherwise use information or content you obtained on the Services in any manner not authorized by us or the contributor
Do not participate in any unauthorized or unsolicited promotions, advertising, junk mail, spam, or any other form of solicitation, or otherwise use the Services for any commercial purpose
Do not violate any applicable local, state, national and international law or regulation
Do not interfere with, interrupt, destroy or limit the functionality of the Services or any computer software or hardware or telecommunications equipment
Do not try to gain unauthorized access to the Services, other members' accounts, or computers connected to the Services
Do not collect users' content or information, or otherwise access the Services, using automated means, such as scripts, bots, robots, spiders or scrapers
Do not do anything that could damage, disable, overburden or impair the proper working or appearance of the Services, such as a denial of service attack or interference with page rendering or other functionality
B. Monitoring and Enforcement. We do not actively monitor the Communication Tools or the Content that is provided through such Communication Tools, nor are we obligated to do so. Accordingly, we do not guarantee the accuracy, integrity or quality of the Content. Because individuals sometimes choose not to comply with our policies and practices, you may be exposed to Content that you find offensive or otherwise objectionable. We encourage you to use the tools available on the Services to report any Content that you think may violate the Community Standards. We may investigate the complaints that come to our attention, but are not obligated to do so. If we choose to investigate, we will take any action that we believe is appropriate in our sole discretion, such as issuing warnings, removing the Content, or suspending or terminating accounts. However, because situations and interpretations vary, we also reserve the right not to take any action. In such cases, we may not remove Content that you believe is objectionable. Please remember that you can always choose to refrain from using any part of the Services that exposes you to something that you are uncomfortable with. Under no circumstances will we be liable in any way for any Content, including any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of, access to or denial of access to any Content. In addition, we are not responsible for the conduct, whether online or offline, of any user of the Website or member of the Services.
4. SUBMITTING OR POSTING CONTENT.
We do not claim ownership of any of the Content you submit or post through the Services or allow us to obtain from third parties to include in the Services. Instead, you hereby grant us a royalty-free, worldwide, transferable, sub-licensable, non-exclusive license to use, reproduce, publish, store, distribute, display, communicate, perform, transmit, create derivative works based upon, and promote such Content (in whole or in part) in any medium now known or hereafter devised. Please remember that you are ultimately responsible for all of your Content, and you therefore warrant and represent that you are entitled to grant the foregoing license and that the Content does not violate any third party rights. No compensation will be paid for the use of your Content.
5. OUR PROPERTY RIGHTS.
The Services, and all of the content, information and other material that they contain, other than the Content posted by our users, are owned by us, or our third party licensors, and are protected by intellectual property and other rights and laws throughout the world. Subject to your compliance with these Terms of Service, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable license for the period of your membership to access the Services and view any materials available on the Services for the sole purpose of using the Services. Aside from this limited license, nothing found on the Services maybe copied, reproduced, republished, distributed, sold, licensed, transferred or modified without our express written permission. In addition, the trademarks, logos and service marks displayed on the Services are our property or the property of our licensors. This Agreement does not grant you any right or license with respect to any such trademarks, logos or service marks. If you are aware of Materials on the Services that infringes the copyright or other right of a third party, please contact us through the Copyright Infringement Policy process, which is described in Section 10 below
6. AVAILABILITY OF SERVICES.
We do not provide you with access to the Internet or the equipment necessary to access the Internet or the Services. You are responsible for the fees charged by others to obtain access to the Services and for obtaining the equipment necessary to access the Services. From time to time we may modify, suspend or discontinue any of the Services with or without notice to you. We shall not be liable to you for any such modification, suspension or discontinuance. We may establish certain policies and practices concerning use of the Services, such as the maximum number of email messages, message board postings or other Content that can be sent through the Services and the number of days that these items will be retained on our systems. We have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or through the Services. We reserve the right to change our practices and policies at any time, in our sole discretion, with or without notice to you.
7. THIRD-PARTY OFFERS.
We may allow other companies to offer you products and services, including offers through the Services. Whether or not you decide to participate in such an offer is up to you. Your participation in any of these offers, including payment and delivery of related goods or services and the terms, conditions, warranties or representations associated with such offers, is solely between you and the third-party company. You agree that we shall not be liable for any costs or damages you may incur resulting from your decision to enter into such transactions.
8. LINKING TO OR FROM THE SERVICES.
You cannot link to the Services without our prior written consent. While the Services may have links to the websites of third parties, we have no control over those websites. We are not responsible or liable for any content, advertising, products, services, information or other materials on or available from those websites. We are also not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services, information or other materials on those websites.
You may terminate your account, for any or no reason, at any time by contacting Member Care. We may terminate your account, for any or no reason, at any time, with or without notice. If we determine, in our sole discretion, that you are not in compliance with these Terms of Service, we reserve the right to restrict, suspend or terminate your account. Upon any termination of your account, we may immediately deactivate or delete your account and all related information and/or bar any further access to your account, Content or information. If you have purchased Paid Services from us, any termination by you, or by us with cause, is subject to the no-refund policy described in Section 2.D above.
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10. COPYRIGHT INFRINGEMENT POLICY.
In compliance with the Digital Millennium Copyright Act ("DMCA"), we have established the procedure outlined below to address alleged copyright infringement on the Services. If you believe that your work has been copied and has been posted on the Services in a way that constitutes copyright infringement, you may provide us with notice of your complaint by providing our Designated Copyright Agent with the following information in writing:
The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing, with information about its location reasonably specific to permit us to locate the material;
Your name, address, telephone number, and email address;
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; and
A statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
To be effective, your notification must be in writing and include the above information. Our Designated Copyright Agent to receive your notification is:
Name of Agent: Intellectual Property Manager
Address: 1501 4th Avenue, Suite 400, Seattle, WA 98101
Telephone Number of Designated Agent: (206) 301-5700
Facsimile Number of Designated Agent: (206) 301-5795
Email Address Designated Agent:
We, in our sole discretion, reserve the right to refuse additional Content from members who have posted allegedly infringing material, delete the material, and/or to terminate such members' accounts.
After receiving a notification, we will process and investigate the notification and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of a notification that complies or substantially complies with the DMCA (as set forth above), we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will promptly take reasonable steps to notify the member that is the subject of the notification that it has removed or disabled access to such material.
If you are subject to a notification, you may provide us with a counter notification by providing our Designated Copyright Agent the following information in writing:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which we may be found and that you will accept service of process from the person who provided the initial notification of alleged infringement.
Upon receipt of a proper counter notification under the DMCA (as set forth above), we will promptly provide the person who provided the initial notification with a copy of the counter notification and inform that person that we will reinstate the removed material or cease disabling access to it in ten (10) business days. Additionally, we will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14) business days following receipt of the counter notice, unless our Designated Copyright Agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Services.
11. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT:
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE FUNCTIONS, MATERIALS AND CONTENT OF THE SERVICES ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND WE MAKE NO WARRANTY THAT THE INFORMATION ON THE SERVICES WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY ANY PRODUCTS, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
12. LIMITATIONS OF LIABILITY.
YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR SOLE RISK. WE, OUR PARENTS, SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. OUR AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You shall indemnify and hold harmless, and at our request, defend us, our parents, subsidiaries, and other affiliates, as well as their respective directors, officers, shareholders, employees, agents and owners (each, an "Indemnified Party") from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees, an allocation for in-house counsel, and other legal costs) arising out of your acts or omissions, including claims resulting from your use of the Services, your submission, posting or transmission of information or Content, or any breach of your obligations set forth in these Terms of Service. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.
14. DISPUTE RESOLUTION
This section describes what rights the parties possess if they have a dispute.
A. Providing Notice of a Claim. The parties agree to arbitrate all disputes and claims between them ("Disputes or Claims"). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (1) Disputes or Claims related in any way to the Services, billing, privacy, advertising or our communications with you; (2) Disputes or Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (3) Disputes or Claims that arose before your agreement to these Terms of Services or any prior agreement; (4) Disputes or Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (5) Disputes or Claims that may arise after the termination of your use of the Services.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). Notice to us must be sent to our customer service address at: chopall.com Dispute Resolution, chopall, Attention: Legal Department. The Notice must include: (1) the nature and basis of your Dispute or Claim; (2) identification or enclosure of all relevant documents and information; and (3) a description of the specific relief that you seek from us.
B. Providing Us an Opportunity to Informally Resolve Your Dispute. Before you may pursue or participate in any Dispute or Claim (or raise such Dispute or Claim as a defense) in small claims court or in arbitration against us, you must first send the Notice described above, and you must allow us a reasonable opportunity to resolve your Dispute or Claim. After we receive your Notice, the parties agree to negotiate in good faith with each other to try to resolve your Dispute or Claim.
C. Agreement to Participate in Binding Arbitration. If the parties do not reach a resolution of your Dispute or Claim within thirty (30) days after we receive your written Notice, you may pursue your Dispute or Claim in arbitration or, solely to the extent specifically provided below, in small claims court. If the parties cannot reach an informal resolution to the Dispute or Claim within thirty (30) days after our receipt of your Notice, you may commence an arbitration proceeding by sending an arbitration demand ("Arbitration Demand") to the following address: chopall.com Dispute Resolution, chopall, Inc., Attention: Legal Department. The parties agree to arbitrate any Dispute or Claim between them, except to the extent either party chooses to instead pursue the Dispute or Claim in small claims court as provided below. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
Except as otherwise provided herein, upon either party filing an Arbitration Demand, we will pay all filing, administration, and arbitrator fees, unless your Dispute or Claim exceeds $75,000 (exclusive of any filing, administration, arbitrator, or attorneys' fees or other fees or expenses). If you initiate an arbitration in which you seek more than $75,000 (exclusive of any filing, administration, arbitrator, or attorneys' fees or other fees or expenses) in damages, the American Arbitration Association's ("AAA") Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules") will govern the payment of these fees. The AAA Rules, as modified by these Terms of Service, will govern the arbitration. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. If your Dispute or Claim is for $10,000 or less (exclusive of any filing, administration, arbitrator, or attorneys' fees or other fees or expenses), we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules. If your Dispute or Claim exceeds $10,000 (exclusive of any filing, administration, arbitrator, or attorneys' fees or other fees or expenses), the right to a hearing will be determined by the AAA Rules.
Unless the parties agree otherwise in writing, any arbitration hearings will take place in the county (or parish) in which you reside (except that, if you reside outside of the United States, any such hearings will take place in King County, Washington). One arbitrator, who is selected under the AAA Rules and who has expertise in consumer disputes in the Internet industry, will conduct the arbitration. If no arbitrator possessing such expertise is available, then the arbitration will be conducted by a single arbitrator who is selected by the mutual written approval of the parties. Except as allowed under applicable law and the AAA Rules, the decisions of the arbitrator will be binding and conclusive on all parties. Judgment upon any award of the arbitrator may be entered by any court of competent jurisdiction. This provision will be specifically enforceable in any court. THE ARBITRATOR MUST FOLLOW THESE TERMS OF SERVICE AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS' FEES). All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for a court to decide. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided herein, we will pay all filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your Dispute or Claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. Also, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of fees will be governed by the AAA Rules.
We may make a written settlement offer to you before the arbitrator issues an award. If, after the arbitrator finds in your favor on the merits of the claim, and the arbitrator issues you an award that is greater than our written offer, we will: (1) pay you the greater of the amount of the award or $7,500 ("Alternative Payment"); and (2) pay your attorney, if you use an attorney, twice the amount of any reasonable attorneys' fees awarded by the arbitrator, and reimburse any expenses that your attorney reasonably accrues for investigating, preparing, and pursuing your arbitration claim ("Attorney Fee Premium"). The Attorney Fee Premium does not supplant any right you may have to reasonable attorneys' fees under applicable law. Thus, if you would be entitled to a greater amount under applicable law, the Attorney Fee Premium does not preclude the arbitrator from awarding you that amount. You may not, however, recover duplicative attorneys' fees or costs. If we do not make a written settlement offer to you before the arbitrator issues an award, you and your attorney will be entitled to the Alternative Payment and the Attorney Fee Premium, respectively, if the arbitrator decides in your favor on the merits. We agree that we will not seek any award of attorneys' fees, even if we are entitled to such fees. The arbitrator may make any determinations and resolve any Dispute or Claim as to the payment and reimbursement of fees, the Alternative Payment, or the Attorney Fee Premium at any time during the proceeding and within fourteen (14) days after the arbitrator's final ruling on the merits. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
YOU AND WE AGREE THAT:
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION. NEITHER PARTY SHALL BE A MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL DISPUTE OR CLAIM. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S DISPUTES OR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. WE DO NOT CONSENT TO CLASS ARBITRATION. ACCORDINGLY, IF A COURT REFUSES TO ENFORCE THE ABOVE PROVISIONS REGARDING CLASS OR REPRESENTATIVE ACTIONS, THEN THIS AGREEMENT TO ARBITRATE SHALL BE UNENFORCEABLE AS TO YOU. WHETHER A DISPUTE OR CLAIM PROCEEDS IN COURT OR IN ARBITRATION, THE PARTIES HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.
This arbitration agreement covers any Dispute or Claim arising out of or relating to any aspect of the relationship between the parties, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, even if the Dispute or Claim arises or may arise before or after the period(s) during which you are receiving the Services. For purposes of this arbitration provision, references to "we" and "us" include chopall, Inc., its affiliates, and each such entity's respective directors, officers, employees, shareholders, agents, suppliers and assignees. The AAA Rules evidence a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this section.
The parties must bring any Dispute or Claim arising out of or related to the AAA Rules, or the relationship between them, within two (2) years after the Dispute or Claim arises, or the Dispute or Claim will be permanently barred. To the extent the law applicable under the Governing Law section below makes this limitations period unenforceable with respect to any Dispute(s) or Claim(s), then the statutes of limitations of the state whose laws govern the AAA Rules under the Governing Law section below shall apply. We may make changes to this arbitration provision during the term of our services to you. You may reject any material changes by sending us written objection within thirty (30) days of the change to chopall.com Dispute Resolution, chopall, Inc., Attention: Legal Department. By rejecting any future material change, you are agreeing to arbitrate in accordance with the language of this provision.
D. Small Claims Court. You may choose to pursue your Dispute or Claim in small claims court rather than by arbitration if your Dispute or Claim qualifies for small claims court in a location where jurisdiction and venue over you and us is proper.
E. Governing Law. The AAA Rules, and any Dispute or Claim arising between the parties related in any way to the AAA Rules or the Service, including but not limited to any Dispute or Claim over billing, service, privacy, advertising or our communications with you, whether based on contract, tort, statute, or common law, will be governed by the laws of the state in which you reside (except that, if you reside outside of the United States, the laws of the State of Washington will govern), without regard to choice of law principles.
15. MISCELLANEOUS TERMS.
Our relationship is not one of agency or partnership and neither you nor we shall be deemed to be a partner, employee, fiduciary, agent or representative of the other by your use of the Services. You may not assign or transfer your rights to any third party. The terms and conditions in these Terms of Service are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall still be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other provisions. If we fail to enforce any provision of these Terms of Service it shall not constitute a waiver of such provision. These Terms of Service may be modified only by our posting of changes to these Terms of Service on the Website. Each time you access the Services, you will be deemed to have accepted any such changes in effect at the time of access. We may assign our rights and obligations under these Terms of Service. These Terms of Service will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms of Service, or to exercise any right thereunder, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect. These Terms of Service, the Additional Terms below, the attachments there to, and the documents incorporated by reference herein, constitute the entire understanding between us regarding your access to, license and use of the Services, and they supersede any prior agreements, statements or representations with respect to the same.