|This site is owned and operated by Chilmark Programs Inc. and Chilmark
Digital Inc., which are together referred to as The Chilmark Companies
Our postal address is : 44 East 67th Street, New York NY 10065
Your privacy on the Internet is important to us. We do not currently collect any personal information on the Sites. If this should change, we will post here our policy regarding such collected data.
Aggregated InformationAggregated information, such as which pages users access or visit, is collected through various methods. For example, Chilmark collects IP addresses. An IP address is a number that is automatically assigned to your computer whenever you're surfing the Web. Web servers, the computers that "serve up" Web pages, automatically identify your computer by its IP address, and when you request a page from Chilmark, our servers log your IP address. Chilmark does not link IP addresses to anything personally identifiable, so although your session will be logged, you will remain anonymous to us. Chilmark collects IP addresses for the purposes of system administration and to provide aggregate data about the use of the Sites.
Chilmark may share aggregate user information with consultants and affiliates for internal business purposes and may divulge it if such information is subpoenaed, or if Chilmark believes that any user has committed unlawful acts, to acts that endanger the health or safety of another user or of the general public.
Additional InformationNo transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Chilmark to intercept or access transmissions or private communications unlawfully. While we strive to protect information, Chilmark cannot ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk.
Under no circumstances, including but not limited to negligence, shall Chilmark be liable for any special, incidental or consequential damages that result from the use of information or materials on our sites, even if Chilmark or an authorized representative of Chilmark, has been advised of the possibility of such damages. This section also should be read in conjunction with the full Terms of Service below.
TERMS OF SERVICEThese Terms of Service (the "Agreement") set forth the terms and conditions that apply to your use of the Sites. BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. If you do not agree to be bound by this Agreement, please discontinue your use of the Sites.
1. Restrictions on UseChilmark may, in its sole discretion, discontinue or alter any aspect of the Sites, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Sites for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating any User's right to use all or part of the Sites, at any time in Chilmark’s sole discretion and without prior notice or liability. You are responsible for all charges (e.g., telephone) associated with connecting to the Sites through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Sites. The Sites are protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Sites, including but not limited to code and software ("Material"). You may, however, download Material from the Sites for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and use the Material in accordance with all restrictions applicable to your use if the Sites in general. In the event that you download Material from the Sites, such Material is licensed to you by Chilmark and Chilmark does not transfer title to any such Material to you.
4. SubmissionsChilmark is pleased to hear from users and welcomes your comments regarding Chilmark's programs and services. Chilmark's longstanding company policy does not allow it to accept or to consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Chilmark's employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send original creative materials. If you do send certain materials in violation of this request, including creative suggestions, ideas, notes or concepts or other materials (collectively, "Comments"), they shall be deemed, and shall remain, the property of Chilmark, and shall otherwise be subject to the provisions below. You represent and warrant that you are authorized to grant all rights in the Comments to Chilmark. Disclosure, submission, or offer of any Comments shall constitute an assignment to Chilmark of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such Comments. Chilmark may edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Chilmark and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the Comments. Chilmark is and shall be under no obligation to pay to you or any user any compensation for any Comments.
5. Disclaimer of WarrantiesCHILMARK MAY PROVIDE LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. CHILMARK DOES NOT OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SITES, AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CHILMARK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. CHILMARK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SITES, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHILMARK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. You assume all risk of errors and/or omissions in the Sites, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Sites, including the information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. You acknowledge and agree that your use of the Sites, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
6. Limitation of LiabilityIN NO EVENT SHALL CHILMARK OR ITS SUBSIDIARY OR ADDILIATED COMPANIES OR AFFILIATES OR SUPPLIERS OR OWNERS OR EMPLOYEES OR DIRECTORS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR WITH THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITES. CHILMARK’S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CHILMARK OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CHILMARK, ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS OR OWNERS OR EMPLOYEES OR DIRECTORS OR AGENTS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
7. IndemnificationYou agree to defend, indemnify and hold harmless Chilmark, its affiliates and their respective owners, directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Sites; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Sites, including the information obtained through the Sites.
8. TerminationChilmark may, in its sole discretion, terminate your use of the Sites, or remove and discard any Comments transmitted by you, or information stored, sent, or received via the Sites, without prior notice and for any reason. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which Chilmark may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to Chilmark and its licensors.
9. TrademarksThe Sites contain logos, designs, taglines and other material that are trademarks of Chilmark, including without limitation "ResponseSync," "[n]LITEN™," "CONT[n]T™" "to the nth degree™," and "brings your media into focus". Other trademarks, service marks and trade names used on the Sites are the property of their respective owners.
10. MinorsIf you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to use the Sites, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Sites; and (c) the consequences of any use of the Sites by such Minor.
12. Infringement PolicyChilmark, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use the Sites if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Chilmark accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Chilmark has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to Chilmark in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:
The Chilmark Companies
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
13. ModificationChilmark reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Sites. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Sites, via e-mail or any other reasonable means. Continued use of the Sites by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
14. Export ControlUnless otherwise specified, the materials on the Sites are presented solely to provide information regarding and to promote Chilmark and its products available in the United States, its territories, possessions and protectorates. The Sites are controlled and operated by Chilmark from its offices within the state of New York, United States of America. Chilmark makes no representation that materials on the Service are appropriate or available for use outside the United States. Those who choose to access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Sites may be further subject to United States export controls. No software from the Sites may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
15. MiscellaneousThis Agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in New York, NY , U.S.A., regarding any and all disputes relating to this Agreement or your use of the Sites. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by Chilmark to provide the Sites hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of Chilmark. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Sites or access to the Sites. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
This Privacy Statement and Agreement is current as of June 1, 2014