This site is owned and operated by Chilmark Programs Inc. and Chilmark Digital Inc., which are together referred to as The Chilmark Companies or Chilmark.

Our postal address is : 44 East 67th Street, New York NY 10065
We can be reached via e-mail at info@chilmarkprograms.com
The policies below are applicable to www.chilmarkprograms.com, www.chilmarkdigital.com, and www.chilmarkcompanies.com, as well as any sites, demo sites or microsites that we may create or operate on the world wide web (the "Sites").

CHILMARK’S PRIVACY POLICY

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 Information

Aggregated 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.

Use of Cookies

Chilmark also uses "cookies." A cookie is a small data file that is written to your hard drive for record keeping purposes. Cookies allow Chilmark to measure activity on the Sites and to improve your user experience, for example by remembering your viewing preferences. Chilmark does not use cookies to retrieve information from your computer that was not originally sent in a cookie. Chilmark does not use information transferred through cookies for any promotional or marketing purposes, nor is that information shared with any third parties whatsoever.

Most browsers are initially set to accept cookies. If you'd prefer, you can set yours to refuse cookies or to alert you when cookies are being sent. However, it is possible that some parts of the Site will not function properly if you do so.

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 Information

No 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.

USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THE TERMS OF USE AND PRIVACY POLICY.

Chilmark reserves the right to change this policy at any time by notifying users of the existence of a revised privacy policy. You can send e-mail to us with any further questions at info@chilmarkprograms.com

TERMS OF SERVICE

These 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 Use

Chilmark 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.

2. Rules for Use of the Sites

It is a condition of your use of the Sites that you do not: (i) restrict or inhibit any other user from using and enjoying the Sites; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation, any images or other material depicting Nudity as herein defined; (iii) post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use of viruses, bots, worms or trojan horses; (iv) post or transmit any information, software or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, without first obtaining permission from the owner or right holder, including copyrighted material distributed without permission; (v) post or transmit any information, software or other material that contains a virus or other harmful component; (vi) post or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or phreaking; (vii) post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, "junk mail," "spam," or "chain letters"; (viii) solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; (ix) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity; (x) resell, redistribute, broadcast or transfer the information or use the information derived from the Sites in a searchable, machine-readable database; (xi) use the Sites to collect personally identifying information about users of the Sites in violation of our Privacy Policy; (xii) disguise a file type to thwart Chilmark’s detection processes; (xiii) post or transmit any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (xiv) submit to the live directory multiple web sites with different URLs that re-direct a user to one web page; (xv) submit to live directory more than one URL for a single category; (xvi) update Live directory listings with intent to distort or misrepresent them, including but not limited to changing titles of the entries, descriptions of the entries, URLs, or keywords, or (xvii) attempt to gain unauthorized access to other computer systems or networks connected to the Sites. You agree that you will not use the Sites, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. Chilmark at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision. You may not use any Material in connection with any site or other use that contains or is associated with information or content prohibited by this section.

3. Monitoring

Chilmark has no obligation to monitor the use of the Sites. You acknowledge and agree that Chilmark reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Sites for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Sites constitutes consent to such monitoring. Furthermore, Chilmark reserves the right at all times to disclose any information posted on any portion of the Service as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Chilmark’s sole and absolute discretion are objectionable or in violation of this Agreement.

4. Submissions

Chilmark 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 Warranties

CHILMARK 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 Liability

IN 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. Indemnification

You 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. Termination

Chilmark 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. Trademarks

The 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. Minors

If 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.

11. Child Online Protection Act Notification

Pursuant to 47 U.S.C. Section 230(d) as amended, Chilmark hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Web site, http://www.eff.org/pub/Censorship/Ratings_filters_labelling/, and at the America Links Up Web site, http://www.netparents.org/parentstips/browsers.html. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy above.

12. Infringement Policy

Chilmark, 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
44 East 67th Street
New York NY 10065
212-744-0213
Info@chilmarkprograms.com

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:

a. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
c. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
d. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

13. Modification

Chilmark 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 Control

Unless 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. Miscellaneous

This 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