IMPORTANT — IMPORTANT — THIS IS A LEGALLY BINDING AGREEMENT BETWEEN Chatmeet (a Nevada Corporation) "Chatmeet" AND YOU. IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS AND CONDITIONS REGARDING YOUR USE OF Chatmeet'S WEBSITE,PLATFORM, DOCUMENTATION AND ASSOCIATED MATERIALS ("WEBSITE"). BY SELECTING "CHAT NOW" AND CONTINUING TO USE THE SITE, BY USING THE PLATFORM OR BY SIGNIFYING YOUR ACCEPTANCE IN ANY OTHER WAY, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE AND YOU SHOULD DISCONTINUE ANY FURTHER USE THEREOF.
Chatmeet grants to you a non-exclusive, non-transferable license to use this Website and Platform solely for your personal use on any desktop or other fixed or portable computer. For purposes of this Agreement, the Website is considered to be "in use" when it is operating actively or inactively on a user's computer or related device..
This WEBSITE and PLATFORM is proprietary to Chatmeet and protected by United States copyright and other laws, as well as international treaty provisions and you must treat the PLATFORM, the WEBSITE, and all of their proprietary features and functions as any other copyrighted and legally protected material. This includes all matching, banning, reward, profile, and related systems and functions which are exclusive to Chatmeet and have been created and are wholly owned by Chatmeet. You may not modify, adapt, translate, reverse engineer, decompile, disassemble the Program or create derivative works using or based on the Program, nor may you distribute, loan, rent, or lease, timeshare or use the Program to provide services for third parties, sublicense or transmit all or any portion of the Website, nor may you allow others to do so. Chatmeet reserves all rights not expressly granted herein. Chatmeet owns all right title and interest in and to the Software and nothing in this Agreement shall be construed to transfer, convey, impair or otherwise adversely affect Chatmeet's ownership or proprietary rights therein or any other Chatneet information or materials, tangible or intangible, in any form and in any medium.
INFORMATION. TO USE the Chatmeet WEBSITE and PLATFORM YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE. THERE ARE CERTAIN AREAS ON Chatmeet THAT CONTAIN ADULT OR MATURE CONTENT. USERS ARE LIKELY TO ENCOUNTER ADULT ACTIVITY SUCH AS NUDITY AND SEXUAL ACTIVITY. ACCORDINGLY, YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE TO USE Chatmeet. NO ONE UNDER THE AGE OF THIRTEEN (13) IS PERMITTED TO USE Chatmeet, USAGE BY THOSE UNDER THE AGE OF THIRTEEN (13) IS STRICTLY PROHIBITED IN ANY WAY. NO ONE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18) MAY USE Chatmeet WITHOUT DIRECT ADULT SUPERVISION BY AN ADULT WITHIN VISUAL CONTACT OF TEEN USER. PARENTS AND GUARDIANS ASSUME ALL LIABILITY AND RESPONSIBILITY FOR THE USE OF THEIR ACCOUNTS BY OTHER PERSONS, INLCLUDING BUT NOT LIMITED TO USE OF THEIR ACCOUNTS BY PERSONS UNDER EIGHTEEN (18) YEARS OF AGE. ANY USER FOUND TO BE UNDER THE AGE OF THIRTEEN (13) OR PERMITTING USE OF Chatmeet BY A PERSON UNDER THE AGE OF THIRTEEN (13), MAY HAVE HIS OR HER ACCOUNT SUSPENDED OR TERMINATED WITH OR WITHOUT NOTICE AND OTHER ACTIONS MAY ALSO BE TAKEN. IF A CHILD UNDER THIRTEEN (13) HAS ACCESS TO YOUR COMPUTER, DO NOT SAVE YOUR Chatmeet PASSWORD; THIS WILL RESTRICT THE CHILD AND ANY UNAUTHORIZED USER FROM USING YOUR ACCOUNT. IN ADDITION, WE STRONGLY RECOMMEND THAT YOU CHECK REGULARLY TO SEE IF ANY NEW, UNAUTHORIZED ACCOUNTS HAVE BEEN CREATED ON Chatmeet ON YOUR COMPUTER OR RELATED DEVICE.
When you register for Chatmeet, you will choose a username or nickname and
an account will be created for you. You may not select a nickname, which violates any copyright, third party's trademark right or other proprietary right or a name, which Chatmeet deems in its sole
discretion to be profane, offensive or in any other way unacceptable.
Chatmeet reserves the right to delete any profane, offensive or
unacceptable nicknames and/or to require you to change your nickname.
You are entirely liable for all activities conducted through your
Account and the nickname registered to your Account. You may allow
another person, including a minor (13 - 18 years of age), to use your
Account and nickname subject to your supervision; provided however, you
shall remain liable for any such use of your Account by another person.
In consideration for your use of the Chatmeet Website and Platform, you
agree to (a)
provide true, accurate and complete information about yourself as
prompted by the registration forms (such information being the
"Registration Data"), (b) maintain and promptly update the Registration
Data to keep it true, accurate and complete and (c) notify Chatmeet of
any unauthorized use of your account, password or other breach of
NO REPRESENTATIONS OR WARRANTIES. THE PLATFORM IS PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You further understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other material ("Content") is provided by, and the responsibility of the person that provided that Content and that Chatmeet is not responsible for such Content. Chatmeet does not administer Chat Rooms or other rooms and is not responsible for the content of any Chat rooms, unless specifically denoted. Chatmeet expresses no views as to the content of any room and is not responsible for any activities taking place therein. Chatmeet does not administer user Broadcasts and is not responsible for the content of any Broadcast, unless specifically denoted. Chatmeet expresses no views as to the content of any Broadcast and is not responsible for any activities taking place therein. To the extent that you participate in any activity on Chatmeet, you do so at your own risk.
If another Chatmeet user attempts to send or sends you a video, graphic or other image or other visual depiction (an "Image" or "Images") and you do not know the user, the image sent by the user may be inappropriate or dangerous, including risk of malicious attack on your computer. Accordingly, you should use your judgment before agreeing to accept an Image or file. You hereby agree that your acceptance of such Images or files is at your own risk and you waive all rights of any kind whatsoever in law, equity or otherwise worldwide, and all claims that you could possibly ever assert throughout the world against Chatmeet Parties (hereinafter defined) arising out of, or relating to your acceptance of Images or files. In addition, you should be aware that if you elect to publish, distribute, disseminate or otherwise make available (hereinafter "Publish") an Image or speak to or send a text message to another user or users ("Chat"), such user or another user may be able to capture, reproduce and/or download the Images and/or Chat and redistribute it (or them) in undesired and/or unexpected forms, manners and/or venues and to persons or entities to whom or which you do not wish the Images or Chat to be distributed. Accordingly, you should not Publish any Images or Chat, unless you are prepared to have the Images or Chat disseminated to a wide audience and to persons and/or entities whom or which you might not want to see the Images or hear the Chat. You hereby agree that your Publishing of such Images or Chat is at your own risk and you waive all rights of any kind whatsoever in law, equity or otherwise worldwide, and all claims that you could possibly ever assert throughout the world against Chatmeet Parties (hereinafter defined) arising out of, or relating to your Publication of such Images or Chat. Notwithstanding the foregoing, it shall be a breach of the Terms of Service for a Chatmeet user to capture any Image or Chat that is Published on Chatmeet without the express written consent of (i) the person Publishing the Images or Chat and (ii) the person whose image is Published (if such person is different from the Publisher). No user or other party shall be deemed to be a third party beneficiary of the Terms of Service. CHATMEET PICTURE AND VIDEO REQUIREMENTS. Please follow the following guidelines when submitting a picture. Chatmeet strives to make the best possible user experience for all of its members, and this includes allowing users to express themselves in their own unique ways. Chatmeet allows you to submit pictures and video of yourself. Chatmeet may screen pictures and videos after submission, and you will be notified if it is approved or rejected. Chatmeet reserves the right to not display pictures or videos until Chatmeet approves them, and to reject any picture or video for any reason whatsoever, or no reason.
All pictures must follow the guidelines below:
* Can't be blank or of poor quality.
* Can't be copyrighted, can't contain the image of a celebrity.
* Can't be construed as harassing.
* Can't contain impersonations.
* Can't contain excessive violence.
* No nudity.
* No profanity or offensive language.
* Nothing pornographic.
* Nothing obscene or indecent.
* Can't be sexually graphic (no intercourse, bodily fluids, sexual activity, masturbation).
Primary pictures must additionally following these guidelines:
* Picture must be of the submitter, must only display the submitter, and must clearly display their face (if you wish to express yourself in a creative way, display your artwork, show you with your friends, etc., feel free to do so in all other pictures).
* Picture cannot contain text or contact information.
Occasionally, with your permission, Chatmeet will feature your pictures in various places throughout Chatmeet, such as the homepage, or other locations on the site, or in Chatmeet advertisements on the internet, TV, or any and all other forms of media. If you wish to have your primary picture considered for display in these areas or others, simply access the privacy section of your Chatmeet People profile and modify the appropriate setting.
NO SOLICITATION; NO DENIGRATION.
As a condition to your use of Chatmeet, you agree that you will not either directly or indirectly (a) solicit, cause, or assist in soliciting or causing, any employee, officer, director, agent, administrator, consultant or any other person that is employed by, consults for, volunteers for, represents or assists Chatmeet (each a "Representative") to (i) terminate, suspend, discontinue or end such Representative's employment, consultancy and/or other relationship with Chatmeet, or (ii) become employed by, or work or consult for any other entity or person, (b) make any negative, denigrating or defamatory statement(s) or comment(s) about Chatmeet or any Representative, or otherwise engage in any conduct or action that might tarnish the image, reputation, ability or character of Chatmeet or any Representative, or otherwise tarnish or dilute any of Chatmeet's trade or service marks and/or its goodwill; or (c) solicit or cause any existing customer or client of Chatmeet to cease using, and/or any potential customer or client of Chatmeet not to use any Chatmeet products and/or services and/or to use any software, website, and/or other product(s) and/or services that are competitive with Chatmeet's products and/or services; (d) aid, abet or authorize any person or entity to engage in any of the foregoing.
YOUR USER SUBMISSIONS.
A. As a Chatmeet account holder you may submit video content ("User Submissions"). You understand that whether or not such User Submissions are published, Chatmeet does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Chatmeet to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Chatmeet, you hereby grant Chatmeet a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Chatmeet Website and Chatmeet's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Chatmeet Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Chatmeet Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. You understand and agree, however, that Chatmeet may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Chatmeet all of the license rights granted herein.
E. Chatmeet does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Chatmeet expressly disclaims any and all liability in connection with User Submissions. Chatmeet does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Chatmeet will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Chatmeet reserves the right to remove Content and User Submissions without prior notice.
ACCOUNT TERMINATION POLICY
A. Chatmeet will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. Chatmeet reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Chatmeet may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
DIGITAL MILLENIUM COPYRIGHT ACT
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* 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;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
* Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
* 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 owner, its agent, or the law; and
* 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.
Notifications of claimed infringement should be sent to: Chatmeet, 297 Kingsbury Grade, Lake Tahoe NV 89449, email: email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
* Your physical or electronic signature;
* Identification of the content that has been
removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
* A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
* Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Chatmeet may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Chatmeet's sole discretion.
Chatmeet will fully cooperate with law enforcement in investigating or requesting information with respect to suspected criminal or other activity and, notwithstanding any provision herein to the contrary, may release your name and other information to the appropriate authorities for that purpose, with or without a subpoena. In addition, Chatmeet has the right, but not the obligation, to initiate its own review of the conduct of any user, either independently or as a result of a complaint by a third party user. Any investigation undertaken by Chatmeet would include all steps that Chatmeet deems appropriate in its sole discretion and the results of any such investigation could be disclosed to one or more appropriate parties.
TERMINATION OF ACCOUNT.
In the event that you engage in conduct prohibited by this Agreement, or otherwise commit any other breach of this Agreement, then ANY of the following may occur: you may be issued a warning; your access to chat may be suspended or use of your account may be temporarily or permanently blocked; other action may also be taken against you. Please be advised that if you have paid to subscribe to any of the Chatmeet services, your subscription fee will not be refunded (either in whole or in part) if your account is terminated or suspended.
LIMITATION OF LIABILITY AND INDEMNIFICATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Chatmeet OR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES (COLLECTIVELY "Chatmeet PARTIES") OR ANY OF THEIR RESPECTIVE SUPPLIERS BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE AND ITS PLATFORM, THE LICENSE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, EVEN IF Chatmeet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY AGREE TO INDEMNIFY AND HOLD Chatmeet PARTIES HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COST, DAMAGE AND EXPENSE, INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES AND COURT COSTS, ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE Chatmeet WEBSITE AND/OR YOUR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT.
U.S. GOVERNMENT RESTRICTED RIGHTS:
The Website and Platform are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
GOVERNING LAW; AMENDMENTS.
In enforcing, interpreting and for all other purposes, this Agreement will be governed by the substantive laws of the State of Nevada and in the event of a dispute arising hereunder, you agree to be bound by the exclusive jurisdiction of the federal and state courts located in the State of Nevada or whichever court deemed appropriate by Chatmeet and/or the appropriate government body. If a court determines any remedy provided to you under this Agreement has failed of its essential purpose, the limitations of liability and exclusion of damages and warranties above shall not be affected and remain in full force and effect. This Agreement may not be modified except to the extent of a written agreement to do so by an authorized representative of Chatmeet. Chatmeet reserves the right to modify the terms of this Agreement from time to time without notice to you, by posting the most current version of the Agreement on its website. In addition to the terms of this Agreement, you shall also be bound by the terms of any posted rules or guidelines applicable to your use of the Chatmeet website and platform. YOUR INFORMATION AND ADVERTISERS: Chatmeet may sell information or provide information about your account, your preferences, and any other information that can be directly obtained from your account or reasonably inferred from your account to advertisers for the purpose of generating profit. We may also use your personal information in order to offer advertisers more targeted advertising opportunities in order to further Chatmeet's profits.
CONSOLIDATION; CREDITORS RIGHTS.
OTHER REFERENCE SITES:
Get net wise! Common sense guidelines:
Learn about parenting and keep your kids safe on the net:
Anti-Child porn information:
Child Online Privacy Protection Act. (coppa):
Child Online Privacy Protection Rule:
Child internet protection act:
Child safety information sites:
FBI child safety information:
Operation Blue Ridge Thunder:
National Center for Missing and Exploited Children:
Child Online Privacy Protection Rule: