These Terms were last modified on Feb 8th, 2014.
ChameleonJohn is an online service that allows you to share and find online shopping information, provides online deals information including information on coupons of certain merchants ("Merchants"). We call the services available on the Site, whether accessed directly, or through the Mobile Software or such third party applications, the ("Services").
These terms of service ("Terms") apply to use of the ChameleonJohn website (the "Site"). These Terms apply to all visitors, registered users, and others who access the Service ("Users"). The Site ("ChameleonJohn", "we", "our", "us", etc.) is the property of HH LLC. By accessing, using, or contributing to the Services or the Site, and in consideration for the Services we provide to you, you agree to abide by these Terms. If you do not agree to be legally bound by all the following terms, please do not access and/or use the Site or the Services.
ChameleonJohn may change these Terms from time to time, at ChameleonJohn sole discretion. Your continued use of the Site following the posting of such changes will constitute your assent to all such changes to these Terms. Please periodically visit this section of the Site to review the current version of these Terms.
1. Sharing Your Content
1.1 Your content
ChameleonJohn allows you to post content on the Site, including all information related to your online shopping, photos, comments, and other materials. Anything that you post, display, or otherwise make available on our Site, including all Intellectual Property Rights (defined below) in such content, is referred to as "User Content." You retain all of your rights in all of the User Content you post to our Service.
1.2. How ChameleonJohn and other users can use your content
Subject to any applicable account settings you select, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, modify (e.g., re-format), re-arrange, and distribute your User Content on ChameleonJohn for the purposes of operating and providing the Services to you and to our other Users. Nothing in these Terms shall restrict ChameleonJohn rights under separate licenses to User Content. Please remember that the Site is a public platform, and that other Users may search for, see and use User Content that you make publicly available through the Site and Services.
1.3. How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content from your account, ChameleonJohn may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes.
1.4. Your responsibility for your content
To ChameleonJohn and our community. ChameleonJohn provides a creative and friendly place for you to find and share online shopping information. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms.
To third parties. ChameleonJohn values and respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree that any User Content that you post to the Site does not and will not violate any law or infringe the rights of any third party, including without limitation any Intellectual Property Rights (defined below), publicity rights or rights of privacy. We reserve the right, but are not obligated, to remove User Content from the Site for any reason, including User Content that we believe violates these Terms. It is important that you understand that you are in the best position to know if the materials you post are legally allowed. We therefore ask that you please be careful when deciding whether to make User Content available on our Site.
Definition of Intellectual Property Rights. When we refer to "Intellectual Property Rights" in these Terms, we mean all patent rights; copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction.
Feedback you provide. We value hearing from our Users, and are always interested in learning about ways we can make ChameleonJohn more great. You may choose to or we may invite you to submit comments, ideas or feedback about the Site and Services, including without limitation about how to improve the Site and Services or our products ("Feedback"). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction; your disclosure will not place ChameleonJohn under any fiduciary or other obligation; and we are free to use, disclose and otherwise exploit the Feedback without any restriction and without additional compensation to you. By acceptance of your submission, ChameleonJohn does not waive any rights to use similar or related Feedback previously known to ChameleonJohn, or developed by its employees, or obtained from sources other than you.
2. ChameleonJohn Content
2.1. Information Accuracy
ChameleonJohn makes no representation or warranty as to the accuracy or fitness for use of any offers, including, but not limited to, coupons, rebates, discounts, etc. posted on the Site or that any third party will honor or acknowledge any such offers, coupons, rebates, discounts, etc. posted on the Site. ChameleonJohn is not responsible for providing any value for any offers, coupons, rebates, discounts, etc. posted on the Site. ChameleonJohn is not responsible for the change of information at third party sites/shops offers including but not limited to rebate information, pricing, availability or fitness for use. You understand that ChameleonJohn does not and cannot review all material made available through websites linked or linking to any part of the Site. IN NO EVENT SHALL ChameleonJohn OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S OFFERS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER ChameleonJohn WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
ChameleonJohn Content. Except for User Content, the Site itself, all content and other subject matter included on or within the Site and Services, and all Intellectual Property Rights in or related to the Site and Services or any such content or other subject matter ("ChameleonJohn Content") are the property of ChameleonJohn and its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the ChameleonJohn Content without our permission.
Our license to you. Subject to the terms and conditions of these Terms, we grant you a license to use the Site, including accessing and viewing ChameleonJohn Content, for your personal, noncommercial use to allow you to express yourself, discuss public issues, report on issues of public concern, engage in parody and as expressly permitted by the features of the Site. ChameleonJohn may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, ChameleonJohn reserves all other rights and no other rights are granted by implication or otherwise.
3. Copyright Policy
ChameleonJohn respects the intellectual property rights of others and expects users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, ChameleonJohn will also terminate a user's account if the user is determined to be a repeat infringer.
4. Using ChameleonJohn
Who can use ChameleonJohn. You may use the Service only if you can form a binding contract with ChameleonJohn, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under the age of 16 is strictly prohibited. Because we respect the ChameleonJohn community, the Site is not available to any Users previously removed from the Site.
Changes to the Service. Here at ChameleonJohn, we're always innovating and finding ways to provide our Users with new and innovative features and services. Therefore, we may, without prior notice, change the Site; add features, stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services.
Your interactions with other Users. Please keep in mind that you are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. ChameleonJohn will have no liability for your interactions with other Users, or for any User's action or inaction. Please help to make ChameleonJohn a positive and respectful community.
If ChameleonJohn.com opts to sell products directly to its customers our return policy is as follows:
You may return or exchange eligible products anytime within 30 days of receiving your order. All returned products must be unused (e.g. items cannot be worn, washed, damaged or altered). We also cannot accept returns of goods that are not in their original packaging. You must contact our customer care team at [email protected] to report the return. You will be required to pay the shipping costs for any products that are returned to us. Any products that are sent back that do not follow our return guidelines will not be processed and no credit will be issued. Items marked as *Final Sale* are not eligible for returns. We aim to process all returns within one week of receiving the item. Should you have any questions about the status of your return or how to return an item, please contact us via Email. Please note that final decisions on returns are subject to ChameleonJohn team discretion.
6. Privacy and Security
7. Third-party Links, Sites and Services
The Site and Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by ChameleonJohn. ChameleonJohn does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Site, you do so at your own risk and you agree that ChameleonJohn will have no liability arising from your use of or access to any third-party website, service, or content.
THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT AND OTHER SUBJECT MATTER INCLUDED WITHIN THE SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ChameleonJohn SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
ChameleonJohn takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Services. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your AND OTHER USERS' online distribution and publication of your AND THEIR User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
9. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, ChameleonJohn CONTENT, AND USER CONTENT REMAINS WITH YOU AND YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. YOU AGREE THAT NEITHER ChameleonJohn NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT, ChameleonJohn CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ChameleonJohn HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL ChameleonJohn AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT OR ChameleonJohn CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ChameleonJohn AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
The Site is controlled and operated from its facilities in the United States. ChameleonJohn makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site and Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You may not use the Site and Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in the United States.
10. Arbitration and Governing Law
For any dispute you have with ChameleonJohn, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that ChameleonJohn has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. You agree further that: (a) the arbitration shall be held in Newark, Delaware; (b) the arbitrator shall apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Hello Coin's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, ChameleonJohn will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Section 5.6 shall be null and void, and neither you nor ChameleonJohn shall be entitled to arbitrate their dispute.
These Terms are governed by the laws of the State of Delaware, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect.
11. General Terms
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ChameleonJohn without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with ChameleonJohn in connection with the Services, shall constitute the entire agreement between you and ChameleonJohn concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and ChameleonJohn failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Please contact us at [email protected] with any questions regarding these Terms.