You agree not to use the Chat-or-Call.com Network to:
upload, store, post, email or otherwise transmit any: (a) material that
is inaccurate, unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, racist, bigoted or otherwise objectionable, (b) material that
you do not have a right to transmit under any applicable law or under
contractual or fiduciary relationships, (c) material that infringes any
patent, trademark, trade secret, copyright or other proprietary right
of any party, (d) advertising, promotional materials, junk mail, spam,
chain letters, pyramid schemes, or any other form of solicitation, except
where specifically permitted, or (e) material that contains software viruses
or any other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or telecommunications
equipment;
connect in an unauthorized manner (i.e., by means other than the chat
and/or messenger clients provided by the Company) to the chat environment
the Company provides for use by its Members on the Network or facilitate
such unauthorized connections through the provision of software or other
computer code specifically designed to allow a user to make such unauthorized
connections to the Company's chat environment;
copy, modify, create a derivative work of, reverse engineer, reverse
assemble or otherwise attempt to discover any source code of the chat
and/or messenger clients or any other software the Company provides for
use by its Members;
impersonate any person or entity or falsely state or otherwise misrepresent
your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise
the origin of any material transmitted through the Network;
disrupt the normal flow of dialogue, cause a screen to scroll faster
than other users of the Network are able to type (e.g., "flooding" chat),
or otherwise act in a manner that negatively affects other users' ability
to engage in real time exchanges;
interfere with or disrupt the Network or servers, networking and computing
equipment or networks connected to the Network, or disobey any requirements,
procedures, policies or regulations of networks connected to the Network;
initiate, facilitate, participate in or distribute a denial of service
attack, exploit any documented or undocumented vulnerability in the Network
and its component networking or computing equipment, or otherwise initiate,
facilitate, or participate in any malicious action aimed at the Network;
try to gain access to areas that are private to the Company or to other
Network users;
violate any applicable local, state, national or international law or
any regulation having the force of law;
stalk or otherwise harass another;
harm minors in any way, including, without limitation, to establish unlawful
contact with minors (whether on or off the Network);
collect, intercept or harvest screen names; collect, intercept or store
personal data about other users of the Network; or solicit or attempt
to discover a user's password, screen name, or other registration information
without the user's express knowledge and consent;
engage in or run raffles, lotteries, contests, or sweepstakes;
promote or provide instructions or information about how to engage in
illegal conduct or commit illegal activities, promote physical harm or
injury, or promote any illegal act; or
store any information or use any Web page or directory you create on
or through the Network as storage for remote loading or as a door or signpost
to another Web page, whether inside or outside the Network.
You acknowledge that we do not pre-screen material posted or transmitted
on the Network, but that we and our designees shall have the right (but
not the obligation) in our sole discretion to review and edit, delete
or refuse to post any material submitted for display or placed on the
Network, including but not limited to message board posts, profiles, images,
personals, and reviews. Without limiting the foregoing, we and our designees
shall have the right to remove any material that violates this Agreement,
that we believe in good faith may create liability for us, or that we
deem is otherwise objectionable. You acknowledge and agree that we may
preserve material and may disclose material if required to do so by law
or in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce this Agreement;
(c) respond to claims that any material violates the rights of third parties;
or (d) in our sole judgment, protect the rights, property, or personal
safety of the Company, its users or the public.
PUBLIC AREAS
A Public Area ("Public Area") of the Network is any area where you may
submit material ("Submissions") for viewing by others or view Submissions
of other users, such as bulletin boards, chat rooms or video chat rooms.
In some of these areas, a Submission includes the name, ID, nickname,
and/or other information that would be displayed with the submitted material,
as applicable. You agree to use Public Areas in accordance with this Agreement
and any policies for the Public Areas that are displayed on the Network.
BY SUBMITTING MATERIAL TO A PUBLIC AREA, YOU AGREE TO INDEMNIFY THE COMPANY
AND HOLD IT HARMLESS FROM ANY AND ALL CLAIMS, INCLUDING, WITHOUT LIMITATION,
CLAIMS FOR LIBEL, SLANDER, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT
OR OTHERWISE, ARISING FROM SUCH SUBMISSION.
By making a Submission to any Public Area, you automatically grant the
Company the royalty-free, perpetual, irrevocable, nonexclusive right and
license to use, reproduce, modify, adapt, publish, translate, publicly
perform and display and distribute the content of the Submission (in whole
or in part) worldwide and/or to incorporate it in other works in any form,
media, or technology now known or hereafter developed. You also permit
any other user of the Network to access, view, store, or reproduce the
Submission for that user's personal use.
LINKS
Our provision of a link to any other site or location is for your convenience
and does not signify our endorsement of such other site or location or
its contents. The Company shall not be responsible for any information,
software, or links found at any other World Wide Web site, Internet location,
or source of information, for your use of such information, or for e-commerce
transactions conducted at or through any linked site or location.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE NETWORK, INCLUDING, WITHOUT
LIMITATION, ANY MATERIAL AND/OR DATA DEVELOPED BY THE COMPANY OR BY THIRD
PARTIES ("INFORMATION PROVIDERS"), IS AT YOUR SOLE RISK. THE NETWORK,
AND ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE NETWORK, IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OF ANY KIND,
EXPRESS, IMPLIED OR STATUTORY. THE COMPANY AND THE INFORMATION PROVIDERS
HEREBY EXPRESSLY DISCLAIM ALL SUCH WARRANTIES INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE
OR PURPOSE, TITLE, OR NONINFRINGEMENT, OR ANY WARRANTY AS TO RESULTS THAT
MAY BE OBTAINED THROUGH USE OF THE NETWORK. THE COMPANY DOES NOT REPRESENT
OR WARRANT THAT THE NETWORK WILL FUNCTION WITHOUT INTERRUPTION, THAT THE
NETWORK IS ERROR- OR DEFECT-FREE, THAT ANY SUCH DEFECTS OR ERRORS WILL
BE CORRECTED, OR THAT THE NETWORK AND THE SERVER(S) THAT MAKE THE NETWORK
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM THE COMPANY
OR OTHERWISE THROUGH YOUR USE OF THE NETWORK SHALL CREATE ANY WARRANTY
ON THE PART OF THE COMPANY OR THE INFORMATION PROVIDERS. FURTHER, THE
COMPANY AND THE INFORMATION PROVIDERS DO NOT WARRANT OR REPRESENT THAT
THE USE OR THE RESULTS OF THE USE OF ANY CONTENT OR MATERIALS MADE AVAILABLE
THROUGH THE NETWORK OR FROM THIRD PARTIES WILL BE CORRECT, ACCURATE, TIMELY,
RELIABLE OR OTHERWISE.
LIMITATIONS ON LIABILITY
IN NO EVENT SHALL THE COMPANY, THE INFORMATION PROVIDERS OR ANY OTHER
PERSON OR ENTITY INVOLVED IN CREATING OR DISTRIBUTING THE NETWORK BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
HOWEVER ARISING AND UNDER ANY THEORY OF LIABILITY (INCLUDING, WITHOUT
LIMITATION, TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, BREACH OF
CONTRACT OR BREACH OF WARRANTY), THAT RESULT FROM YOUR USE OF OR INABILITY
TO USE THE NETWORK, ANY CHANGES TO THE NETWORK OR THIS AGREEMENT, UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR
DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED
INTO THROUGH THE NETWORK. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR
ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR
CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING
INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH THE NETWORK
OR THE SERVICES, CONTENT OR MATERIALS AVAILABLE ON OR THROUGH THE NETWORK,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NETWORK. THE
FOREGOING LIMITATIONS ON LIABILITY SHALL BE APPLICABLE EVEN IF THE COMPANY
OR THE APPLICABLE THIRD PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY
OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
ALLOCATION OF RISK
YOU AGREE THAT THE DISCLAIMER OF WARRANTIES, LIMITATIONS ON LIABILITY,
AND INDEMNIFICATION PROVISIONS SET FORTH IN THIS AGREEMENT REPRESENT AN
AGREED UPON ALLOCATION OF RISK AND FORM AN ESSENTIAL PART OF THE BASIS
OF THEIR BARGAIN, WITHOUT WHICH THE COMPANY WOULD NOT ENTER INTO THIS
AGREEMENT OR PROVIDE THE NETWORK.
INDEMNIFICATION
You agree to hold harmless the Company, its Information Providers and
any other person or entity involved in creating or distributing the Network,
as well as each of their respective parents, affiliates or subsidiaries
and their respective directors, officers, employees and agents, from and
against any and all claims, liabilities, damages, losses, costs, fees
(including reasonable attorneys' fees) and expenses that such parties
may incur as a result of or arising out of your (or, in the case of Members,
anyone using your account's) use of, or conduct with respect to, the Network.
GENERAL
This Agreement contains the complete and final statement of the understanding
between you and the Company with respect to the subject matter of this
Agreement and supersedes any and all prior or contemporaneous negotiations,
agreements or communications, whether written or oral, between you and
the Company concerning the subject matter of this Agreement. If any provision
of this Agreement is rendered by a court or governmental agency of competent
jurisdiction to be invalid, illegal, or unenforceable, such invalidity,
illegality or unenforceability shall not affect the remainder of this
Agreement which shall remain in full force and effect and be enforced
in accordance with its remaining terms. The waiver by the Company of a
breach or default of any of the provisions of this Agreement by you shall
not be construed as a waiver of any succeeding breach of the same or other
provisions; nor shall any delay or omission on the part of the Company
to exercise or avail itself of any right, power or privilege that it has
or may have hereunder operate as a waiver of any breach or default by
you. You agree that, regardless of any statute or law to the contrary,
any claim or cause of action that you may have arising out of or related
to use of the Network or this Agreement must be filed within one (1) year
after such claim or cause of action arose or be forever barred. The section
titles in this Agreement are solely used for convenience and have no legal
or contractual significance. All provisions of this Agreement that, by
their nature, survive termination of this Agreement will survive termination
including, without limitation, the Site Rules, Public Areas, Links, Disclaimer
of Warranties, Limitations on Liability, Allocation of Risk, Ownership
of Materials, Indemnification, Choice of Law/Jurisdiction and Venue and
General sections of this Agreement.
Chat-or-Call.com will not knowingly collect or store personal information
from, children under the age of 13.