Terms & Conditions
Introduction
Introduction
These Terms of Use
govern your use of this website. By using this website, you accept these Terms
of Use in full. If you disagree with these Terms of Use or any part of these
Terms of Use, you must not use this website.
This website uses
cookies. By using this website and agreeing to these Terms of Use, you consent
to cheerwing.com's use of cookies in accordance with the terms of cheerwing.com's
Privacy Policy.
License to Use Website
Unless otherwise
stated, cheerwing.com and / or its licensors own the intellectual property
rights in the website and material on the website. Subject to the license
below, all these intellectual property rights are reserved.
You may view,
download (for caching purposes only), and print pages, user manuals, or other
product information from the website for your own personal use, subject to the
restrictions set out below and elsewhere in these Terms of Use.
You must not:
● Republish
material from this website (including republication on another website), sell,
rent or sub-license material from the website
● Show any
material from the website in public
● Reproduce,
duplicate, copy or otherwise exploit material on this website for a commercial
purpose
● Edit or
otherwise modify any material on the website
● Redistribute
material from this website except for content specifically and expressly made
available for redistribution
Acceptable Use
You must not use
this website in any way that causes, or may cause, damage to the website or
impairment of the availability or accessibility of the website, or in any way
which is unlawful, illegal, fraudulent or harmful, or in connection with any
unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use
this website to copy, store, host, transmit, send, use, publish or distribute
any material which consists of (or is linked to) any spyware, computer virus,
Trojan horse, worm, keystroke logger, rootkit or other malicious computer
software.
You must not
conduct any systematic or automated data collection activities (including
without limitation scraping, data mining, data extraction and data harvesting)
on or in relation to this website without cheerwing.com's express written consent.
You must not use
this website to transmit or send unsolicited commercial communications.
You must not use
this website for any purposes related to marketing without cheerwing.com's
express written consent.
User Content
In these Terms of
Use, "your user content" means material (including without limitation
text, images, audio material, video material and audio-visual material) that
you submit to this website, for whatever purpose.
You grant to cheerwing.com
a worldwide, irrevocable, non-exclusive, royalty-free license to use,
reproduce, adapt, publish, translate and distribute your user content in any
existing or future media. You also grant to cheerwing.com the right to
sub-license these rights, and the right to bring an action for infringement of
these rights.
Your user content
must not be illegal or unlawful, must not infringe any third party's legal
rights, and must not be capable of giving rise to legal action whether against
you or cheerwing.com or a third party (in each case under any applicable law).
You must not
submit any user content to the website that is or has ever been the subject of
any threatened or actual legal proceedings or other similar complaint.
cheerwing.com
reserves the right to edit or remove any material submitted to this website, or
stored on cheerwing.com's servers, or hosted or published upon this website.
Notwithstanding cheerwing.com's
rights under these Terms of Use in relation to user content, cheerwing.com does
not undertake to monitor the submission of such content to, or the publication
of such content on, this website.
No Warranties
This website is
provided "as is" without any representations or warranties, express
or implied. cheerwing.com makes no representations or warranties in relation to
this website or the information and materials provided on this website.
Without prejudice
to the generality of the foregoing paragraph, cheerwing.com does not warrant
that:
● This website
will be constantly available, or available at all; or
● The information
on this website is complete, true, accurate or non-misleading.
Nothing on this
website constitutes, or is meant to constitute, advice of any kind. If you
require advice in relation to any legal, financial or medical matter you should
consult an appropriate professional.
Limitations of Liability
cheerwing.com will
not be liable to you (whether under the law of contact, the law of torts or
otherwise) in relation to the contents of, or use of, or otherwise in
connection with, this website:
● To the extent
that the website is provided free-of-charge, for any direct loss
● For any
indirect, special or consequential loss
● For any business
losses, loss of revenue, income, profits or anticipated savings, loss of
contracts or business relationships, loss of reputation or goodwill, or loss or
corruption of information or data.
These limitations
of liability apply even if cheerwing.com has been expressly advised of the
potential loss.
Exceptions
Nothing in this
website disclaimer will exclude or limit any warranty implied by law that it
would be unlawful to exclude or limit, and nothing in this website disclaimer
will exclude or limit cheerwing.com's liability in respect of any:
● Death or
personal injury caused by cheerwing.com's negligence
● Fraud or
fraudulent misrepresentation on the part of cheerwing.com
● Matter which it
would be illegal or unlawful for cheerwing.com to exclude or limit, or to
attempt or purport to exclude or limit, its liability.
Reasonableness
By using this
website, you agree that the exclusions and limitations of liability set out in
this website disclaimer are reasonable.
If you do not
think they are reasonable, you must not use this website.
Other Parties
You accept that,
as a limited liability entity, cheerwing.com has an interest in limiting the
personal liability of its officers and employees. You agree that you will not
bring any claim personally against cheerwing.com's officers or employees in
respect of any losses you suffer in connection with the website.
Without prejudice
to the foregoing paragraph, you agree that the limitations of warranties and
liability set out in this website disclaimer will protect cheerwing.com's
officers, employees, agents, subsidiaries, successors, assigns and
sub-contractors as well as cheerwing.com
Unenforceable Provisions
If any provision
of this website disclaimer is, or is found to be, unenforceable under
applicable law, that will not affect the enforceability of the other provisions
of this website disclaimer.
Indemnity
You hereby
indemnify cheerwing.com and undertake to keep cheerwing.com indemnified against
any losses, damages, costs, liabilities and expenses (including without
limitation legal expenses and any amounts paid by cheerwing.com to a third
party in settlement of a claim or dispute on the advice of cheerwing.com's
legal advisers) incurred or suffered by cheerwing.com arising out of any breach
by you of any provision of these Terms of Use, or arising out of any claim that
you have breached any provision of these Terms of Use.
Breaches
Without prejudice
to cheerwing.com's other rights under these Terms of Use, if you breach these
Terms of Use in any way, cheerwing.com may take such action as cheerwing.com
deems appropriate to deal with the breach, including suspending your access to
the website, prohibiting you from accessing the website, blocking computers
using your IP address from accessing the website, contacting your internet
service provider to request that they block your access to the website and/or
bringing court proceedings against you.
Assignment
cheerwing.com may
transfer, sub-contract or otherwise deal with cheerwing.com's rights and/or
obligations under these Terms of Use without notifying you or obtaining your
consent. You may not transfer, sub-contract or otherwise deal with your rights
and/or obligations under these Terms of Use.
Severability
If a provision of
these Terms of Use is determined by any court or other competent authority to
be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision would be lawful or enforceable
if part of it were deleted, that part will be deemed to be deleted, and the
rest of the provision will continue in effect.
Entire Agreement
These Terms of
Use, together with cheerwing.com's Privacy Policy, constitute the entire agreement
between you and cheerwing.com in relation to your use of this website, and
supersede all previous agreements in respect of your use of this website.
Law and Jurisdiction
These Terms of Use
will be governed by and construed in accordance with US law, and any disputes
relating to these Terms of Use will be subject to the exclusive jurisdiction of
the courts of California.
Changes to Our Terms of Use
If we decide to
change our Terms of Use, we will update the Terms of Use modification date
below.
Last Modified: 5/3/2016
Contact Us
If you have any questions about our Terms
of Use, please contact us at info@cheerwing.com