Date of Last Revision: July 9, 2019
The term “you” (“your”, “yourself”, “User”) refers to the person accessing or using the Site or our Service, or the company or organization on whose behalf that person accesses the Site or our Services.
While we always like to be available for you, the Internet is inherently unreliable so your access to and use of the Site may be interrupted, slow, or even inaccessible at times. Chit Chats also needs time to update the Site, and while Chit Chats tries to do this during slow periods, Chit Chats cannot always wait or schedule downtime that way. These basic terms apply to your use of Chit Chats. Chit Chats will terminate your account if you violate any of these terms:
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside to use Chit Chats.
- You must be a human. Chit Chats does not permit accounts registered by automated methods.
- You are responsible for all content you post.
Chit Chats, the Chit Chats logos and any other product or service name or slogan contained in the Site or the Site Materials are trademarks of Chit Chats, or its suppliers or licensors, and may not be copied, imitated or used, in-whole or in-part, without the prior written permission of Chit Chats or the applicable trademark holder.
You may not use any meta-tags or any other "hidden text" utilizing "Chit Chats" or any other name, trademark or product or service name of Chit Chats without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service Chit Chats, trademark and/or trade dress of Chit Chats and may not be copied, imitated or used, in-whole or in-part, without the prior written permission of Chit Chats.
All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Chit Chats.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Chit Chats or any of its associates or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.
You may not use any Chit Chats logo or other proprietary graphic of Chit Chats to link to this Site without the express written permission by Chit Chats.
Further, you may not use, frame or utilize framing techniques to enclose any Chit Chats trademark, logo or other proprietary information, including, without limitation, the Site materials, the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Chit Chats's express written consent.
Except as noted above, you have no right or licence by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Chit Chats or any third party.
Third Party Sites
Chit Chats makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Websites accessible by hyperlink from the Site, or Websites linking to the Site. Such sites are not under the control of Chit Chats and Chit Chats is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.
Chit Chats provides these links to you only as a convenience, and the inclusion of any link does not imply control, endorsement or adoption by Chit Chats of any site or any information contained therein.
When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from Chit Chats.
Third Party Content
Chit Chats may provide third party content on the Site and may provide links to Web pages and content of third parties including but not limited to merchants and suppliers (collectively the "Third Party Content"). Chit Chats does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation, any representation or warranty regarding the accuracy or completeness of any Third Party Content. You acknowledge and agree that Chit Chats is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
Advertisements and Promotions; Third-Party Products and Services
Chit Chats may run advertisements and promotions from third parties, including but not limited to merchants and suppliers, on the Site or may otherwise provide information about or links to third-party products or services on the Site including but not limited to merchants and suppliers. Your purchases from or correspondence with, or participation in promotions of, such third parties, including but not limited to merchants and suppliers, and any terms, conditions, warranties or representations associated with such purchases, correspondence, participation or other dealings, are solely between you and such third party, including but not limited to merchants and suppliers.
Chit Chats is not responsible or liable for any loss or damage of any sort incurred as the result of any such purchases, correspondence, participation or other dealings or as the result of the presence of such non-Chit Chats advertisers or third party information on the Site.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, Chit Chats or Chit Chats' products or services that are provided by you in the form of email or other submissions to Chit Chats, or any postings on the Site ("Feedback"), are non-confidential and shall become the sole property of Chit Chats. You hereby assign unconditionally and irrevocably thatChit Chats shall own exclusive rights in and to all Feedback, including all intellectual property rights arising now and in the future anywhere in the world therein, and shall be entitled to the unrestricted use, dissemination and commercial exploitation of Feedback for any purpose, commercial or otherwise, without further acknowledgment, permission or compensation to you. As between you and Chit Chats, including Chit Chats' subsidiaries or affiliates, you hereby irrevocably waive any moral rights you might otherwise have or retain in any Feedback arising now and in the future anywhere in the world.
User Content and Interactive Services or Areas
The Site may include interactive areas or services ("Interactive Areas"), such as forums, chat rooms or message boards, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the Site ("User Content"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, state, national or international law, including, without limitation, any securities laws or regulations or any rules of a securities exchange; User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have all the rights necessary to distribute and reproduce such User Content; User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; Unsolicited promotions, political campaigning, advertising or solicitations; Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; Viruses, corrupted data or other harmful, disruptive or destructive files; and User Content that, in the sole judgment of Chit Chats, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Chit Chats or its users to any harm or liability of any type, or creates or imposes an inappropriate load on the systems of the Site or Chit Chats. Chit Chats takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party on, in or to the Site, or for any loss or damage arising therefrom, nor is Chit Chats liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. YOUR USE OF INTERACTIVE AREAS IS AT YOUR OWN RISK.
Ownership – Copyright
Unless otherwise indicated on the Site, the Site, Service and all content and other materials on the Site, including, without limitation, all Chit Chats names and logos, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the exclusive property of Chit Chats or its licensors and are protected by Canadian, U.S. and international copyright laws.
- rent, lease, licence, resell or use for any commercial purpose the Site or any of the Site Materials;
- collect or use any product or service listings, pictures or descriptions;
- distribute, publicly
- perform or publicly display any Site Materials;
- modify, reverse engineer, decompile or otherwise make any derivative uses of the Site or the Site Materials, or any portion thereof for any reason whatsoever, including for the purpose of creating competitive products or services;
- use any data mining, scraping, crawlers, robots or similar data gathering or extraction methods;
- use this Service in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, the Service or any other services, system resources, accounts, servers, networks, affiliated or linked web sites connected to or accessible through the Service (including without limitation uploading, posting or otherwise transmitting on the Service any computer viruses, trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the Service’s infrastructure);
- download (other than the page caching) any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site;
- use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Service or the Content in whole or in part;
- use the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Chit Chats, is strictly prohibited and will terminate the licence granted herein and your right to use the Site or receive any payment from Chit Chats, including any amounts accrued to you prior to termination.
- use the Service for commercial purposes or activities other than the shipping of goods, including without limitation, spam, chain letters, pyramid schemes or any other form of solicitation;
- interfere with any other persons’ use and enjoyment of the Service or of the Internet generally; or
- use the Service in any manner that may dilute or depreciate our name or reputation, our Marks (as defined above) or our affiliates or associates.
Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes.
If you believe that any Site Materials or other content on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Mary Wilson
Full Address of Designated Agent to Which Notification Should be Sent: 1511 Sandy Beach Rd. Pickering, ON, Canada L1W 1Z5
Telephone Number of Designated Agent: 1-844-842-8777
Facsimile Number of Designated Agent: 905-837-0069
E-Mail Address of Designated Agent: Please use our Contact Form.
You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and lawyers' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
This Service is protected by Canadian copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of this Service (including any element of the Content) by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Service and to prevent any unauthorized copying, redistribution, reproduction or modification of this Service or any of the Content.
Certain names, graphics, logos, icons, designs, words, titles and phrases on this Service, including without limitation “Chit Chats”, www.chitchats.com, “Chit Chat It” and “Chit Chats Express” constitute trade-marks, trade names, trade dress and associated products and services of Chit Chats or its affiliates (the “Marks”) or constitute trade marks, trade names, trade dress and associated products and services of Chit Chats suppliers or other third parties (the “Third Party Marks”) and are protected in Canada and internationally and their display on this Service does not convey or create any licence or other rights in the Marks or the Third Party Marks. Any use of the Marks or the Third Party Marks, in whole or in part, without prior written authorization of Chit Chats or such third party, as applicable, is strictly prohibited.
The indemnification and assumptions of liability and obligation herein provided shall continue in full force and effect notwithstanding the termination of this agreement, whether by expiration of time, by operation of law or otherwise.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY CHITCHATS.COM, THE SITE, THE SITE MATERIALS AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE OR OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. CHIT CHATS DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND THE INFORMATION, PRODUCTS AND SERVICES THEREIN. CHIT CHATS DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS OR ANY OTHER INFORMATION, PRODUCTS SERVICES OR OTHER CONTENT MADE AVAILABLE OR OFFERED ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. FURTHER, CHIT CHATS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY OF ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CHIT CHATS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY OF ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Limitation of Liability
YOU AGREE THAT CHIT CHATS WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY OF ITS SELLERS OR SUPPLIERS. For further clarity, CHIT CHATS IS NOT LIABLE FOR SHIPMENTS UPON THEIR RECEIPT BY DESIGNATED CARRIER.
CHIT CHATS DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY SELLERS OR SUPPLIERS.
Limitation of Time
Applicable Law and Venue
Waiver of Jury Trial and Class Action Rights
Chit Chats will not be responsible for failing to notify you of any of its actions where such failure is caused by an inaccurate email address, your failure to check email online, your failure to inform Chit Chats of a change in your email address, or if you fail to receive the notifying email for any reason.
For Residents of Quebec
Les parties déclarent par la présente qu'elles exigent que les présentes conditions d'utilisation et tous les documents connexes, qu'ils soient actuels ou futurs, soient rédigés en anglais uniquement.
Questions & Contact Information
If you have any question regarding the use of the Site or Service, please refer to our FAQs. If you need further assistance, please contact us with any questions or comments about the Site or Service through our Contact Page.