ChocoVision Corporation is dedicated to the production and development of high-quality chocolate processing equipment and associated products. ChocoVision Corporation is committed to providing its customers, both consumer and commercial, with service. In utilizing any of the services of ChocoVision Corporation you are agreeing to abide by the terms set forth below. These terms may be changed or updated without notice.
Competency To Enter Into An Agreement: You must be at least 18 years old to use the services of ChocoVision Corporation. The services are not available to minors.
By ordering any product or registering with ChocoVision Corporation, you are representing and warranting that you are of legal age to enter into binding obligations for any liability you may incur as a result of using this site, and that you are of sufficient legal age to use this site.
Registration: You must provide accurate and current information when you order or register with ChocoVision Corporation. You will not:
(1) provide any inaccurate or misleading information about yourself, or your affiliation with any person or entity;
(2) you will not impersonate any person or entity;
(3) you will not misrepresent the origin or content of any information transmitted through ChocoVision Corporation. You must keep your registration information up to date.
ChocoVision Corporation reserves the right to suspend or terminate your account and all access or use of the services of ChocoVision Corporation if the ordering or registration information provided is false, misleading, inaccurate, not current or incomplete.
Use Of Site By Minors: People of all ages love chocolate. ChocoVision Corporation is concerned about protecting the well being and privacy of children. If your child/children wishes to use this site, an auxiliary account under your name must be established. You therefore represent and warrant that you are the legal guardian of the child/children listed on your auxiliary account; and you have the right and authority to consent to use of the auxiliary account for the child/children. It is your responsibility as guardian to review and determine if the services and content of the services are appropriate for your child/children.
Member Conduct And Content: You are solely responsible for any information and content that you transmit or post via ChocoVision Corporation. You will not use ChocoVision Corporation to distribute, solicit, and/or link content that:
* is unlawful, threatening, harmful, harassing, abusive, libelous, defamatory, vulgar, offensive, gratuitously violent, obscene, sexually explicit, pornographic, invasive of another's privacy or racially, ethnically or otherwise offensive;
* will harm minors in any manner;
* infringes upon another person's or entity's intellectual property rights, such as patent, trademark, copyright or other proprietary rights;
* falsely impersonate another person or entity or misrepresent your affiliation with any person or entity;
* constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law;
* advertise, post, upload, e-mail, transmit or offer to sell any goods or services or promotional materials, junk mail, "spam", chain letters, pyramid schemes, raffles, sweepstakes, lottery or any other form of gambling;
* upload, post, e-mail or otherwise transmit any information which contains software viruses, corrupted files or any other information designed to damage or disrupt the operation of another's computer software or hardware, or telecommunications equipment;
* intentionally or unintentionally violate any applicable local, state, federal or international laws or regulations;
* encourage the use of controlled substances;
* collect, store or transmit personal data about other users. Removal/Disclosure Of Content
ChocoVision Corporation does not prescreen or review the content posted on its site by its customers and is not responsible for any such material posted. ChocoVision Corporation reserves the right to remove any content that violates the policies and guidelines or is otherwise objectionable. You agree to bear the risk associated with the use of any content, including its accuracy and usefulness. ChocoVision Corporation may be required to save and disclose content if required to do so by law. It reserves the right to disclose content if it has a good faith belief that:
(1) it is necessary to comply with the legal process
(2) respond to claims that any content violates the rights of third parties
(3) enforce the terms of this agreement
(4) protect the rights, privacy, property or personal safety of ChocoVision Corporation, its users, or the public
(5) to effectively administer the services provided.
Use of Your Content: In submitting or posting information or content in any of the areas of ChocoVision Corporation available to the general public, you agree that you grant to ChocoVision Corporation, its subsidiaries, affiliates, subordinates and business partners a worldwide, non-exclusive, perpetual, irrevocable, royalty-free right (including moral rights) license and sublicense to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content and/or to incorporate it in any form, media or technology either now known or hereafter developed. You agree that ChocoVision Corporation may assign such license to its affiliates, subordinates and business partners. You also agree to provide ChocoVision Corporation with any and all information reasonably requested if a claim is made that your information or content infringes the rights of a third party (see Member Conduct and Content).
Indemnity: You agree to hold ChocoVision Corporation, its subsidiaries, affiliates, officers, agents, co-branders or other partners, licensors and licensees, and employees, harmless from any claim or demand, including, without limitation, regulatory penalties, reasonable attorney fees and costs, made by any third party due to or arising out of your use of ChocoVision Corporation, including but not limited to content you submit, post to or transmit through the services of ChocoVision Corporation, your use of the services of ChocoVision Corporation, your violation of the terms of this agreement, or your violation of the rights of any other person or entity.
Export Control: You acknowledge that you are not a national of one of the countries US trade regulations impose restrictions on transactions with and/or prohibits direct and indirect exports to and/or that is not a party that is listed in the US Table of Denial Orders or US Treasury Department's list of specially Designated Nationals. You agree to comply with the laws and regulations of the United States and other applicable countries when exporting, re-exporting or importing the products or any underlying information or technology of ChocoVision Corporation and any of its members or advertisers.
CHOCOVISION CORPORATION MAKES NO WARRANTY OF ANY KIND WITH REGARD TO THIS SITE, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PROVIDED ON THIS SITE. ALL SERVICES, INFORMATION AND MATERIALS PROVIDED ON THIS SITE ARE "AS IS". CHOCOVISION CORPORATION DOES NOT WARRANT THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. CHOCOVISION CORPORATION DOES NOT WARRANT THAT THE PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL WILL MEET YOUR REQUIREMENTS, THAT THE PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL IS FIT FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE CHOCOVISION CORPORATION SITE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CHOCOVISION CORPORATION SERVICE IS DONE AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. ANY IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY EXCLUDED. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT ChocoVision CORPORATION, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OR THE INABILITY TO USE THE PRODUCTS AND/OR SERVICES OF ChocoVision CORPORATION, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR ANY OTHER MATTER RELATING TO THE SERVICE.
This limitation of liability shall apply regardless of whether the claim is made on the basis of agreement, negligence or any other legal theory. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Some of the above limitations may not apply to you.
Copyright: The ChocoVision corporation website and all of its modules are the copyrighted property of ChocoVision Corporation and/or its third party members, provided or distributors. None of the content or data found on this site may be reproduced, republished, distributed, sold, transferred or modified without the express written permission of ChocoVision Corporation and/or its third party members, providers or distributors. All trademarks, logos and service marks display on ChocoVision Corporation are registered and common law trademarks of ChocoVision Corporation, its affiliates and third parties. You may not use, reproduce, or republish any such trademarks without the written permission of ChocoVision Corporation or other party who owns the trademarks. No license is granted to the use of such trademarks by reason of appearance on this site. Some of the information that appears on ChocoVision Corporation may be subject to copyright and the intellectual property of others.
If you believe that your work has been used in a manner that would constitute infringement of copyright laws, please notify ChocoVision Corporation with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright.
2. a description of the work that you claim has been infringed;
3. a description of where the material you claim is subject to copyright; infringement may be located on the ChocoVision Corporation site;
4. your address, telephone number and e-mail address;
5. a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement, made under penalty of perjury, that the information in your Notice of Copy right infringement is accurate, that you are the copyright owner, or authorized to act on behalf of the copyright owner. The above information should be forwarded to : ChocoVision Corporation 14 Catharine Street Poughkeepsie, NY 12601 Telephone: 800-324-6252
General Provisions: This agreement is the entire agreement between you and ChocoVision Corporation and governs your use of the services provided. It supersedes and prior agreement or arrangement between you and ChocoVision Corporation and may not be amended or modified except in writing or by making such amendments or modifications available on this site. This agreement and its performance shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of laws provisions. You consent to the exclusive jurisdiction and venue of the state courts located in the County of Dutchess or the federal courts located in New York, New York for all questions and controversies arising out of your use of this site and/or this agreement. Any cause of action against ChocoVision Corporation must be commenced within one (1) year after the claim or cause of action arises. If any provision of this agreement is held to be invalid or unenforceable, such provisions shall be struck and the remaining provisions shall be enforced.