Terms and conditions

Terms of Use

This website (the "Site") is operated by, or on behalf of Choclo project. Please read these Terms and Conditions of Use ("Terms and Conditions") carefully. These Terms and Conditions, including all documents referenced herein, represent the entire understanding between Choclo project and you regarding your use of this Site and supersedes any prior statements or representations. The Site's Privacy Policy is incorporated into these Terms and Conditions by reference and is made a part hereof.

Access to, and distribution and/or use of this Site is subject to all applicable laws and regulations. To the extent that access, distribution and/or use of this Site would be deemed illegal by governing law, such access, distribution and/or use is prohibited. By visiting any area on the Choclo project site, you are deemed to have accepted these Terms and Conditions of Use. If you do not agree to abide by these Terms and Conditions, please do not use this Site.

Use of Materials

Materials on this Site, including but not limited to software, images, music, long form programs, logos and trademarks, along with the overall "look and feel" of the website (collectively referred to as the "Material"), is protected under various intellectual property laws.

Except as otherwise indicated on this website, copying, reproduction, uploading, downloading, transmitting or any other use of the Material, in whole or part, without the express permission of Choclo project, is prohibited. You may, however, copy, reproduce, download, transmit and/or print individual pages contained on this Site for your personal, non-commercial use, provided you agree not to conceal, remove or alter any trademark, copyright or other notice contained on: (i) this Site; (ii) any of the Material; or (iii) any such individual pages so copied, reproduced, downloaded, transmitted or printed. You may not copy, reproduce, download transmit and/or print substantial portions of this Site or the Materials contained hereon without the express written permission of Choclo project. Any unauthorized use of this Site and/or the Materials may subject the user to criminal prosecution and/or civil liability under applicable law.

Privacy

Please see Choclo project's Privacy Policy for information concerning the collection and use of Personal Consumer Information from this Site.

Health & Safety Disclaimer

Always seek the advice of your physician or other qualified health professional before starting or changing any exercise program or making a lifestyle change. This is particularly important if you are overweight, pregnant, nursing, taking regularly medications, or have any existing medical conditions. Do not delay seeking a diagnosis or any medical advice or treatments based on information contained on this Site or in any of the Materials available hereon. This Site is not intended to provide medical advice or make medical diagnoses. The Materials on this Site may not be tailored to match your energy, health or fitness level. If you are concerned about whether any exercises identified on this Site or in any of the Materials are right for you, do NOT do them unless and until you have cleared it with your physician. The Materials available on this Site involve rigorous exercise. Make sure you have a large well lit area that is free from obstacles. Wear comfortable clothing that doesn't inhibit movement. Stop exercising and consult your physician if you feel dizzy, faint, light-headed or if you experience any discomfort. Only you can monitor your condition during your workout. You are responsible for exercising within your limits and seeking attention and advice as appropriate. Never force or strain. You should stretch before any workout and cool down afterwards. Your failure to warm-up, cool down and stretch properly can result in personal injury. Avoid alcohol and or heavy meals for 2 hours before workouts. Drink fluids (preferably water) before, during and after workouts. The creators, owners and distributors of this Site and the Materials available hereon are not responsible for any injuries you may experience as a result of your use of this Site and the Materials contained hereon. By remaining on this Site and/or accessing any Materials, you are accepting that you have read, understood and agreed to the follow these basic instructions.

Participate at your own risk.

Links

This Site may contain links to other websites that are not controlled and/or maintained by Choclo project Access to and use of such other websites is at your own risk and subject to any terms, conditions and privacy policies that govern such websites, which may be different from those of Choclo project and/or which may provide their users with less security than this Site. By providing such links, Choclo project shall not be deemed to endorse, recommend, approve or guarantee any third parties or their services or products, or any facts, views, advice, information and/or products found on such websites. Choclo project is not responsible for the content contained on any such sites, or for the failure of any product or service offered for sale on any such sites or for any damages that may result therefrom. Copyrights in the materials or information on the linked sites are owned by other organizations.

User Submitted Content

On certain sections of this Site, you may be permitted to post comments, information, creative works (including but not limited to audio or audiovisual works) or other materials ("User Content"). You acknowledge and agree that you are solely responsible for any User Content that you post. You further acknowledge and agree that Choclo project has no responsibility for, or ownership of, any User Content posted at this Site and will not be liable for any User Content that is in violation of these Terms and Conditions. With respect to all User Content that you post, you represent and warrant that: (i) the material is either fully original to you or that you have all necessary rights, licenses and permissions needed to post the material at this Site (including but not limited to all copyright and right of publicity/privacy rights), and to grant, and hereby do grant, Choclo project and all users of this Site a world-wide, non-exclusive, royalty-free license that can be fully assigned and sub-licensed, to use such User Content in connection with the use and promotion of the Site; (ii) such User Content will not infringe the rights of any person or entity, or violate any governmental rule, regulation statute or law, or the Terms and Conditions; (iii) no money will be owing to any party as a result of the posting of the User Content or its use in connection with this Site and/or the promotion thereof; (iv) you will be responsible for all User Content submitted through your email address, and for all purposes under these Terms and Conditions, all submissions from your email address shall be deemed to have been submitted by you.


Choclo project has no control over, and does not endorse, any User Content and expressly disclaims any and all liability in connection with any User Content. However, in connection with User Content posted at this Site, in addition to all other rights it has under this Agreement, at law or in equity, Choclo project reserves the right in its sole and absolute discretion, to: (i) remove without notice, or refuse to post in the first instance, any User Content; and/or (ii) revoke any user's right to use this Site.

Any User Content sought to be posted at the Site must conform, in the sole and exclusive opinion of Choclo project, to the following rules and standards. It must: (i) conform to all applicable laws, (ii) be appropriate in the context of the general purposes of the Site; (iii) not be obscene, pornographic, patently offensive, hateful, abusive or promote racism or discrimination of any kind; (iv) not provide personal information related to the user submitting such User Content, or solicit such information from any other user of the Site; (v) not involve or result in the transmission of junk e-mail, unsolicited mass e-mailings, "spamming," "spimming" or "phishing;" (vi) not transmit or distribute any potentially harmful programs such as Trojan horses, worms, viruses, spyware or any malicious software or code; (vii) not contain any material or images owned by any other person or entity unless the user submitting such User Content has obtained all necessary rights, licenses and permissions needed to post the material and have it used as contemplated by this Site; and (viii) be only for non-commercial purposes.

Promotions, Sweepstakes and Contests

On occasion, Choclo project may elect to conduct certain promotions, sweepstakes or contests (collectively, "Promotions") on this Site. Each such Promotion may have specific rules and regulations, which will be made available to users and which shall be deemed incorporated in and become a part of these Terms and Conditions.

Copyright Infringement Policy

Choclo project values intellectual property and respects the intellectual property rights of others, and will remove materials on its Site that infringe the copyrights of others. If you believe that your copyrighted material may have been infringed by material contained on this website, then please contact roland@chocloproject.com

In your notice, you must include the following:

(i) a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;

(ii) identification of the copyrighted work(s) that is (are) allegedly being infringed;

(iii) identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow us to locate such materials;

(iv) contact information (i.e., name, address, email address) sufficient to enable Choclo project to contact you;

(v) a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law;

(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.

Additional/Different Terms

Certain pages or sections of this Site may contain terms and conditions of use which are in addition to or different from these Terms and Conditions. For example, certain Promotions or content that is designated as "premium" or "special" content only be made available to users of the site that consent to Choclo project's sharing of their Personal Consumer Information with the sponsors of such Promotions and/or advertisers appearing on such content pages. In the event that there is a conflict between such additional and/or different terms and conditions of use and these Terms and Conditions, the additional and/or different terms and conditions of use will govern with respect to those specific pages or sections to which they apply.

Limitation of Liability and Use Disclaimer

Choclo project is not responsible for any damages or loss related to the use of this site. THIS SITE, ALL MATERIAL CONTAINED ON THIS SITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SITE, ITS FEATURES AND FUNCTIONS, WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES WITH RESPECT TO THE SITE OR THE MATERIALS CONTAINED HEREON INCLUDING BUT NOT LIMITED TO NO WARRANTIES REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ANY INFORMATION CONTAINED WITHIN THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING WITHOUT NOTICE AT ANY TIME. CHOCLO PROJECT RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS SITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. CHOCLO PROJECT SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, CONSEQUENTIAL, DIRECT, INDIRECT AND/OR SPECIAL DAMAGES, THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.

Certain jurisdictions prohibit the limitation of liability for certain types of damages, and accordingly, such limitations may not apply to you. In such jurisdictions, Choclo project's liability is limited to the greatest extent allowable under applicable law.

Transmitting and Downloading

Choclo project is not responsible for any damages incurred as a result of any interruption, transmission blackout, delayed transmission or incorrect data transmission over the Internet.

Choclo project does not warrant or represent that this Site will meet your requirements, that access will not be interrupted or delayed, that there will be no failures, errors or omissions or loss of transmitted information, that no viruses will be transmitted or that no damage will occur to your computer system.

Your Responsibilities

You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a back up of all data and/or equipment.

By using this Site, you agree that you will be responsible for maintaining the confidentiality of any password and/or account information related hereto, and that you will restrict access to your computer to avoid disclosure of such. You further agree that you will be responsible for all activity taken under any such password and/or account.

Indemnity

You agree to indemnify, defend and hold harmless Choclo project, its parent, subsidiary and affiliated entities, and each of their respective owners, officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys fees) arising from or in connection with: (i) your use of the Site; (ii) any violation of these Terms and Conditions; and/or (iii) any User Content submitted by you to the Site. You agree that your representations and warranties, and your obligation to indemnify Choclo project, shall survive beyond any term that these Terms and Conditions are in effect.

Electronic Communications

When you communicate with Choclo project electronically, via email or otherwise, you consent to receive electronic communications from Choclo project. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Choclo project satisfy any legal requirement that such communication be in writing.

Changes in Policy

From time to time, the policies set forth in these Terms and Conditions may change. We will post changes to the Terms and Conditions at this Site. Please review these Terms and Conditions often so that you will remain abreast of our current policies. Your use of this Site subsequent to any amendment of these Terms and Conditions will signify your acceptance of, and assent to, its revised terms.
These Terms and Conditions were last updated on 3rd June, 2009 and are effective immediately.

Acquisition of Business

In the event that Choclo project is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Site, all data collected on this Site, and all of Choclo project's rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, Choclo project will post a notice to such effect on this website.

Contact Us

If you have any questions concerning our website or any of the policies set forth in these Terms and Conditions, please contact us at:

Choclo project
48 Mackey st
Sydney, NSW 2011
AUSTRALIA

Attn.: Roland Wimbush

roland@chocloproject.com


Choclo project Privacy Policy


Choclo project and its affiliates (collectively referred to in this Privacy Policy as "we" or "Choclo project") recognize the importance of protecting the information provided by users of our website (the "Site"). Choclo project has implemented this Privacy Policy to govern the use of personally identifiable information that we collect from this Site ("Personal Information"). This Privacy Policy does not govern Personal Information collected from any other source or in any other manner. This Privacy Policy is incorporated into this Site's Terms and Conditions by reference and is made a part thereof.

Overview
This Privacy Policy is intended to provide you with information as to: (i) the type of information that is collected, (ii) how the collected information is used and with whom it is shared; (iii) how we intend to protect the information; and (iv) how you can have such information modified and/or removed.

Collection of Information
Information You Provide to Us: Choclo project collects information about you that you choose to provide us when you visit and/or purchase products from our websites, subscribe to our magazines, sign up for e-newsletters, enter a contest, participate in surveys, register for a web site, web cast or event, participate in chats and blogs on the Site or otherwise communicate with us online. Some of this information is automatically collected, and some is collected when you interact with our Site. The type of information that is automatically collected can include date and time of access of the Site, the Internet protocol address of the computer that you are using, the domain and host from which you access the Internet, your browser software and operating system, and the specific activities you are engaged in while visiting the site. Personal Information, including your name, postal address, and e-mail address, may also be collected by Choclo project at the Site. Of course, you may choose not to provide certain information to Choclo project, but if so, you may not be able to participate in certain Choclo project activities and transactions.

To view or change your information, please return to the area of the Choclo project Site where you registered and follow the instructions set forth thereon.

Use of "Cookies" and Other Technologies: Choclo project may use "cookies" and/or other technologies or files (collectively, "cookies") to identify how its visitors make use of this Site. This aggregate tracking information is used to help Choclo project improve and enhance the website experience for all of its visitors. The cookies we store on your computer are not accessible on any other companies' websites.

Additionally, some ads on our Site are provided by outside companies. If these ads contain cookies, only those advertisers can access them; Choclo project does not have access to the cookies of these advertisers.

If you would prefer not to have such cookies stored on your computer, you may modify your browser settings to reject most cookies, or manually remove cookies that have been placed on your computer. However, by so rejecting the cookies, you may be unable to fully access the offerings on this Site.

Pixel Tags: Like many websites, Choclo project may use pixel tags, also known as web beacons, clear gifs, or web bugs. Pixel tags help us improve our understanding of our web traffic and visitor behavior, as well as gauge the response to our promotional efforts. This information is non-personally identifiable and is used for an aggregate picture of how visitors use our Site.

If you wish, you may disable pixel tags by setting your browser to omit images and disable Javascript.

E-mail Communication: When you communicate with Choclo project electronically, via e-mail or otherwise, you consent to Choclo project's use of the information you have provided, and you further consent to receive electronic communications from Choclo project. If you would prefer not to receive such communications, please e-mail and so advise.

Choclo project e-Mailings: If you wish to subscribe to our Choclo project e-Mailings, we ask for your contact information (such as name and e-mail address) and information about your geographic region, professional interests, and responsibilities. By completing the required forms and providing them to Choclo project, you consent to Choclo project's use and sharing of the information you have provided, and you further consent to receive electronic communications from Choclo project. You may also opt out of receiving these communications at any time by sending an e-mail to web@chocloproject.com with your request.

Registration and Ordering: When participating in certain of our webcasts, entering online contests and giveaways, using certain website functionality, and signing up for certain selected online services (such as free subscriptions), you may first be required to register. During registration, you will be required to provide contact information (such as name, e-mail address, mailing address and phone number). Upon completing registration, you consent to Choclo project's use and sharing of the information you have provided, and you further consent to receive communications from Choclo project. If you would prefer not to receive such communications, please e-mail your request to web@chocloproject.com. For our services that require payment (such as certain events, products and subscriptions), we also collect credit card information (such as account name, number and expiration date), which is used for billing purposes only, and is not otherwise shared.

Security of Information
Choclo project maintains reasonable standards of confidentiality and security for this Site and the Personal Information collected from this Site. The Personal Information you provide is secured using industry standard e-commerce security technology. Choclo project also restricts its own employees' access to Personal Information. However, it is possible that someone may intercept or access communications, transmissions and/or Personal Information. You must also seek to protect against unauthorized access to any passwords and/or accounts that you use in connection with this Site, and you should remember to log off of the website once you have completed your activities on the Site or if you have decided to step away from your computer. In the event that Choclo project determines that there has been a security breach resulting the unauthorized disclosure of Personal Information to a third party, Choclo project will notify consumers whose Personal Information has been so disclosed by posting information on the Site and, if email contact is possible, then also by sending an email advisory with respect to situation.

Use and Sharing of Information

Use of Personal Information by Choclo project: The Personal Information collected by Choclo project may be used by Choclo project for any lawful purpose, including but not limited to, to communicate with you, send notices [for subscription renewal,] respond to your requests, and analyze and improve Choclo project's products, its business and/or its service to you. Choclo project may use this information to send you e-mail newsletters, promotional offers with respect to goods or services or other types of communications on behalf of Choclo project and/or its affiliates. All e-mail newsletters and promotional offers will provide you with an opportunity to opt out of receiving future issues of such newsletters or to opt out of receiving future promotional offers with respect to such brand. We may also use your Personal Information to communicate with you to ask for your input to help in our research about our services, events, or products or to provide you with additional information about this Site and about other Choclo project websites, products, services, or events that we think might be of interest to you. In some cases, Choclo project may also use your Personal Information to send you relevant, carefully screened e-mails or other communications on behalf of reputable third parties. All such communications will provide you with the opportunity to opt out of receiving future third party offers from Choclo project. You may also, at any time, opt-out of receiving any third-party offers from this Site by sending an e-mail to web@chocloproject.com.

Disclosure by Choclo project of Personal Information to Other Entities

Without restriction, Choclo project may disclose aggregated statistics about visitors to its Site, along with specific information concerning individual visitors of its Site that is not Personal Information, provided that no specific individual can be identified by the information so disclosed. Choclo project may sometimes seek to share the Personal Information it has collected with a third party, and may also sometimes seek to share such Personal Information with companies that are affiliated with Choclo project. Choclo project may sometimes use a third party to provide certain services on its behalf, such as processing transactions, sending e-mails, subscription fulfillment, research, list cleansing, postal mailings or performing statistical analyses of activity on our websites. In compliance with privacy laws, we also may provide our opt-out lists to third party companies who send communications on Choclo project's behalf to seek to ensure that communications are not sent to those who have opted-out of receiving such. We only deal with third party companies whom we believe share our commitment to privacy and who will keep your information secure. In the event that Choclo project provides certain of your Personal Information to any such entity, Choclo project will require that any such entity maintain the confidentiality of (and not further share) the Personal Information that Choclo project has provided to it. Choclo project may sometimes share Personal Information with sponsors of Promotions on the Choclo project Site, or with or with sponsors or advertisers of "premium" content. Choclo project will always disclose when you are registering for such a Promotion or requesting such content.


Accessing Your Information

You may update and/or correct the Personal Information collected on this Site, or seek to have such information removed from Choclo project's records by contacting us at web@chocloproject.com

and instructing us as to what type of changes need be made.

Acquisition of Business

In the event that Choclo project is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that the Personal Information that Choclo project has collected may be included in the assets, and/or transferred pursuant to, such transaction. If that occurs, Choclo project will post a notice to such effect on this website.

Legal Process

Choclo project may disclose your Personal Information if it has a reasonable good faith basis to believe that it is required to do so by law, is compelled by court order or legal process, or is reasonably necessary and/or appropriate to: (i) protect the rights, property and/or safety of Choclo project or of any other person or entity; or (ii) prevent or take action concerning any alleged: (a) illegal activity or (b) breach of the Terms and Conditions or Privacy Policy of this Site.

Linked Sites

From time to time, the Choclo project website may contain links to other websites that are not controlled and/or maintained by Choclo project. Please be aware that these other websites may have different privacy policies which may subject you to different privacy practices. Please review the privacy policies of such other websites for information concerning what information is collected on such sites and how it is used.