Terms and Conditions
We’d love to let you skip right through to signing up, but do ask that you review the terms and conditions (Membership Terms). They govern your use of the Chimpsy service as a member. Once you click “I agree”, you agree to the Membership Terms as a legally binding contract between you and Chimpsy.
If you do not want to agree to these Membership Terms, we’re sorry, but our friendship will have to end there.
In these Membership Terms, Content means all content available on the Site including tips, tutorials, courses, screenshots, eBooks, sample files, and user provided content.
Membership. If you are under 18 years, you need your parents’ permission before becoming a member and accessing the Site. Your Membership is non-transferable. You must not share your username and password with anyone else or allow anyone else to access the Site using your username and password. You are responsible for every use of the Site that occurs in conjunction with use of your username and password. You must use reasonable efforts to keep your username and password confidential. You must notify us as soon as you become aware of any unauthorized use of your membership, username or password.
Basic Membership is based on registration and All Access Membership is based on registration and periodic subscription fees which are detailed on the Site’s sign up page. Your All Access Membership, or access to Content and areas of the Site, will be suspended or cancelled if we do not receive the fees for your subscription type.
You may ask for a refund of subscription fees during the first month of your subscription. You may also have rights granted to you by law which may entitle you to a refund of fees in specific circumstances. Apart from those things, refunds of subscription fees will not be made.
Availability and Use of the Site. The Site will usually be available 24 hours a day, seven days a week. We may, however, need to interrupt or suspend your access to the Site or the provision of the Site’s services and Content, for maintenance, technical or other reasons.
When accessing and using the Site and its services and Content, you must comply with directions, instructions or protocols posted on the Site.
We are pleased to be able to offer a wide range of Content and courses on the Site for your educational and learning needs, which we aim to regularly add to. The Content will be updated, changed or removed from time to time, at our discretion, so we can’t guarantee that specific Content will always be available on the Site.
Rights to Content; intellectual property. Each item of Content is copyright of its author. We own any Chimpsy-contributed Content, and all other rights in the Site including its design, compilation and look and feel.
Your membership gives you a right (a revocable, non-exclusive licence) to use the Content for personal purposes. You must not redistribute Content (such as tutorials, eBooks, courses and source files). Any photos, audio samples or other assets in source files are included to demonstrate the course or tutorial. You may use, modify and manipulate source files for your own personal educational purposes, but you must not otherwise exploit the source files and the assets in them, or redistribute the files or assets. If you love the Content, please ask your friends to become members too!
You may freely use the effects and techniques demonstrated in the Content (that is, the knowledge you gain) for any commercial or personal purpose. The trade marks and logos displayed on the Site are, unless otherwise stated, those of Chimpsy and others, and you must not use these without the approval of the relevant owner.
Fair use and prohibited conduct. You are permitted to download Content to your computer as part of your membership. However, your membership is subject to a ‘fair use’ policy. Our ‘fair use’ policy requires that your use of the Site and the Content must be fair, genuine and reasonable. For example, the total amount of Content you download must be reasonable in light of your genuine education and learning needs, and the time needed to genuinely engage with the Content. We will use our reasonable discretion to decide whether a member has complied with the ‘fair use’ policy.
You must not use scripts to automatically mass download Content.
You also must not:
a. use a false email address, impersonate others, or misrepresent your affiliation with others;
b. insert advertising, branding or other promotional content into the Site or Content;
c. attempt to gain unauthorized access to computer systems or materials through the Site;
d. engage in automatic gathering of information from or through the Site (such as “spidering”, “screen scraping”, “database scraping” or harvesting of e-mail addresses);
e. attempt to interrupt or alter the Site’s operation in any way (for example through sending mass unsolicited messages, “flooding” servers, or introducing a virus, time bomb, trojan horse, worm, cancelbot or other computer routine );
f. use the Site or the Content in a way that violates applicable law, that violates third party intellectual property or other rights, or that is, fraudulent, obscene, offensive, or defamatory; or
g. except as allowed in these Membership Terms, copy, distribute, transmit, modify or otherwise exploit the Content or any other data or code made available through the Site.
Intellectual property complaints. We respect the intellectual property rights of others, and require that you do the same. Please contact us if you believe that your intellectual property or other rights are being affected by anything on the Site.
If you are specifically making a copyright-based claim regarding Content, please forward the following information to us:
a. your address, telephone number, and email address;
b. a description of the location of the alleged infringing material;
c. a description of the copyright work that has been allegedly infringed; and
d. a statement by you that you warrant that the information given in your claim is accurate and that you are either the copyright owner or are authorized to act on the copyright owner’s behalf.
Content, Contest and community rules. Please read our Contest and Community rules, which are part of these Membership Terms and apply to content contributed to the Sites by members (such as comments, critiques, reviews and contest posts).
We reserve the right, but are not obliged, to monitor all matter posted to the Site. We are not responsible or liable for material posted by others. We do, however, reserve the right to edit, refuse to post or to remove matter that in our discretion is objectionable or in violation of these Membership Terms, our policies or applicable law.
You must not upload or post any materials that:
a. restrict or inhibit others’ use or enjoyment of the Site;
b. are false, misleading, fraudulent, unlawful, abusive, harassing, defamatory, obscene, vulgar, or offensive;
c. infringe others’ rights, including privacy or intellectual property rights;
d. disclose personal information about others, particularly sensitive information;
e. contain a virus, spyware, or other harmful component; or
f. contain commercial solicitation or ‘spam’ of any kind.
WE RESERVE THE RIGHT TO TRACK VOTING PATTERNS ON ANY IMAGE, AND ALL WINNING PHOTOS WILL BE EXAMINED IN REGARD TO IP ADDRESS AND VOTING PATTERNS. IMAGES THAT SHOW REPEAT VOTING FROM THE SAME COMPUTER WILL BE REMOVED WITHOUT NOTICE. WINNING PHOTOS THAT SHOW REPEAT VOTING WILL BE STRIPPED OF THE MONTHLY PRIZE REGARDLESS OF THE IP ADDRESS, BE THE POSTER’S IMAGE, OR A FRIEND, OR STRANGER.
You retain the copyright in any User Content you post on the Site. Chimpsy neither has nor wants any ownership of your Content. However, by uploading and/or posting any User Content to the Site, you grant Chimpsy a perpetual, nonexclusive and royalty-free right to use the User Content and the name that is submitted in connection with such User Content, as is reasonably necessary to display the User Content, rank the content using ImageDuels, provide the Services and to facilitate, at Content Owner’s direction, the license of Images or the sale of Products on the Site.
Refusal, suspension or termination of membership. We may, in our discretion, immediately restrict, suspend or terminate your membership and access to the Site if we consider you in breach of these Membership Terms, any other Site rules, or applicable law. We reserve the right to refuse membership in our discretion.
DISCLAIMER OF WARRANTIES. THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CHIMPSY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES. CHIMPSY DOES NOT REPRESENT OR WARRANT THAT THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM CHIMPSY OR THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHIMPSY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. CHIMPSY ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREON.
LIMITATION OF LIABILITY. IN NO EVENT SHALL CHIMPSY OR ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM CHIMPSY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CHIMPSY’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CHIMPSY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE SITE MATERIALS, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CHIMPSY FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.