PLEASE READ THESE TERMS OF USE CAREFULLY
FOR USING ANY CMUK. WEB SERVICES.
By accessing or using this website or related mobile application, social media platforms, or other Cmuk product or service (collectively the “Entities”) on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of Cmuk. Cmuk may change these Terms of Use at any time without notice, effective upon its posting to the Entities. Your continued use of the Entities shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use the Entities.
PHYSICAL ACTIVITY NOTICE
The Entities may include features that promote physical activity, including possible dangerous activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Cmuk is not responsible or liable for any injuries or damages you may sustain, including death, that result from your use of, or inability to use, the features of the Entities.
CONTENT ON THE ENTITIES
The content of the pages of the Entities is for your general information and use only. It is subject to change without notice. Your use of any information or materials on the Entities is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through these Entities meet your specific requirements.
Additionally, by accessing and using our Entities, you agree to be bound by the terms found in our Privacy Policy which can be accessed by the following link.
INTELLECTUAL PROPERTY
The trademarks, logos and service marks (“Marks”) displayed on the Entities, except user generated content, are the property of Cmuk and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or Entities on the World Wide Web without the written permission of Cmuk or such third party which may own the Marks. All information and content located on the Entities is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Entities for commercial or public purposes. Unauthorized use of Cmuk may give rise to a claim for damages and/or be a criminal offense.
LINKS
The Entities may post or provide links to other websites by allowing you to leave these Entities to access third-party material or by bringing third-party material into the Entities via “inverse” hyperlinks and framing technology (a “Linked Entities”). Cmuk has no discretion to alter, update, or control the content on a linked websites. The fact that Cmuk has provided a link to a website is not an endorsement, authorization, sponsorship, or affiliation with respect to such website or its owners. There are inherent risks in relying upon, using or retrieving any information found on the internet, and Cmuk urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked websites.
DISCLAIMER
All content, products and services on the Entities, or obtained from a Entities to which the Entities is linked (a “linked website”) are provided to you “AS IS” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
Cmuk does not endorse and is not responsible for (a) the accuracy or reliability of an opinion, advice or statement made through the Entities by any party other than Cmuk, (b) any content provided on linked websites or (c) the capabilities or reliability of any product or service obtained from linked websites. Other than as required under applicable consumer protection law, under no circumstance will Cmuk be liable for any loss or damage caused by your reliance on information obtained through the Entities or a linked website, or your reliance on any product or service obtained from a linked website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Entities, or obtained from linked websites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
The information, software, products and descriptions of services published on the Entities or a linked website may include inaccuracies or typographical errors, and Cmuk specifically disclaims any liability for such inaccuracies or errors. Cmuk does not warrant or represent that the content on the Entities is complete or up-to-date. Cmuk is under no obligation to update the content on the Entities. Cmuk may change the content on the Entities at any time without notice. Cmuk may make improvements or changes to the Entities at any time.
PASSWORDS
It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your user name and password. You agree to immediately notify Cmuk of any unauthorized uses of your user name and password or any other breaches of security. Cmuk will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.
COLORS AND SELECTION
We make every effort to display the colors of our products included on this Entities as accurately as possible. Because the colors that you see depend on your monitor, we do not guarantee that your monitor’s display of any color is accurate. The selection of items online often varies from the items featured in retailers and in possible retail store advertisements. Supplies of items featured online are not subject to rain checks.
ALL PROMOTIONS
All promotions are subject to the terms and conditions as shown on these Entities. We reserve the right to limit quantities purchased. All promotions are for a limited period, and the dates covered by the promotion are listed on these Entities. Various promotions have minimum purchase amount requirements. Those requirements are set forth as part of the online promotion description. When calculating the minimum purchase amount, we do not include charges for shipping, handling or the applicable tax.
At times, we run two or more promotions simultaneously. We state as part of the online description of a promotion whether it can be used in combination with another promotion.
Unless otherwise stated as part of the promotion description, all promotions require a purchase.
Shipping upgrade offers are available only to non-P.O. Box addresses in the continental United States.
ENTITIES USE RESTRICTIONS
You may use the Content only for your own non-commercial use to participate in the Entities or to place an order or purchase Cmuk products. You agree not to change or delete any ownership notices from materials downloaded or printed from the Entities. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Entities, including User Generated Content (defined below), without Cmuk’s prior written consent, unless it is your own User Generated Content that you legally post on the Entities. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.
PRODUCT ORDERS
All orders placed through the Entities are subject to Cmuk’s acceptance. This means that Cmuk may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Cmuk will issue you a refund.
USER GENERATED CONTENT
“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Entities users post or otherwise make available on or through the Entities, except to the extent the Content is owned by Cmuk..
MOBILE SERVICES
The Entities contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using Cmuk’s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Cmuk, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Entities, your conduct in connection with the Entities or with other Entities users, or any violation of these Terms of Use, any law or the rights of any third party.
WARRANTY DISCLAIMER
Cmuk is not responsible or liable for any User Generated Content or other Content posted on the Entities or for any offensive, unlawful or objectionable content you may encounter on or through the Entities. The Entities, User Generated Content, Content, and the materials and products on this Entities are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, Cmuk disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Cmuk cannot guarantee and does not promise any specific results from use of the Entities. Cmuk does not represent or warrant that the Entities will be uninterrupted or error-free, that any defects will be corrected, or that this Entities or the server that makes the Entities available are free of viruses or anything else harmful. To the fullest extent permitted by law, Cmuk does not make any warranties or representations regarding the use of the materials or Content in the Entities in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Entities, loss of data or other harm of any kind that may result. Cmuk reserves the right to change any and all Content and other items used or contained in the Entities at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
CMUK SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS ENTITIES OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE ENTITIES OR THE CONDUCT OF OTHER ENTITIES USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A CMUK EVENT OR ANY USER GENERATED CONTENT, EVEN IF CMUK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE ENTITIES. YOUR ONLY REMEDY AGAINST CMUK FOR USE OF THE ENTITIES OR ANY CONTENT IS TO STOP USING THE ENTITIES. THAT SAID, IF CMUK IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS ENTITIES OR ANY CONTENT, CMUK’S LIABILITY SHALL NOT EXCEED US $100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
SEVERABILITY
If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.
CHOICE OF LAW
This agreement shall be governed by, and construed in accordance with, the laws of the state of Illinois without giving effect to any choice or conflict of Law provision or rule (whether of the State of Illinois of any other jurisdiction) that would cause the application of the Laws of any jurisdiction other than the State of Illinois. All disputes regarding the Entities and/or the products on the Entities shall be brought solely in the state and federal courts located in Chicago, Illinois. User agrees to personal jurisdiction in Chicago, Illinois.
TERMINATION
Cmuk reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Entities for any or no reason, without notice, and without liability to you or anyone else. CMUKalso reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Entities. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Entities, or on other Entities (e.g., Facebook, Twitter, Google, etc), may continue to appear on the Entities or on other Entities even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination
