Last modified: October 12, 2020
YOU MUST READ AND AGREE to these Terms and Conditions of Use (the "Agreement") when You register an account with Us and each and every time You log in to any of Your accounts on this web site (hereafter the "Web Site") that is provided under license by CC Media Network Ltd.
ONLY ADULTS OVER THE AGE OF EIGHTEEN (OR OLDER IF SO REQUIRED BY YOUR JURISDICTION) ARE AUTHORIZED TO ACCESS AND USE THE WEB SITE, ITS DATABASES AND ITS FUNCTIONALITY.
THE COMPANY DOES NOT KNOWINGLY MARKET TO, OR SEEK OR COLLECT ANY PERSONAL INFORMATION OR OTHER DATA FROM, ANY PERSONS UNDER THE AGE OF EIGHTEEN YEARS.
BY CLICKING ON A LINK, OR BY CHECKING/TICKING A BOX, AGREEING TO THIS AGREEMENT AND/OR BY ACCESSING OR CONTINUING TO ACCESS THE WEB SITE AND/OR ANY SERVICE, OFFER OR OTHER FUNCTIONALITY AVAILABLE IN, ON, AT OR THROUGH THE WEB SITE, YOU ARE CONFIRMING THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
1. PARTIES TO THIS AGREEMENT AND CONSIDERATION.
The parties to this Agreement are You (the "User" or "Viewer" of the Web Site, as the context requires) and CC Media Network Ltd (the "Company"), the operator of the Web Site. As used in this Agreement, the terms "We", "Our" and "Us" are used interchangeably to refer to the Company, the Web Site, the operator of the Web Site, and any Agents used by the Company, or other companies in the same group of companies as the Company, in connection with the Web Site, as the context dictates or requires. The term "You" and "Your" is used to refer to You, the User and Viewer.
1.1 By accessing the Web Site and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, You hereby agree to be bound by all the terms and conditions set forth in this Agreement.
1.2 Subject to Your acceptance of the terms and conditions set forth in this Agreement, We agree to grant You a limited personal non-transferable right to access the Web Site.
1.3 This Agreement is subject to change by the Company at any time and You agree that We have this right. We agree that if We change anything in this Agreement, We will change the "Last modified" date at the top of this Agreement so that it is immediately obvious that we have updated the Agreement. Any changes or modifications shall become effective immediately upon posting. You agree to periodically re-visit this web page, and to use the "refresh" button on Your browser when doing so. You agree to note the date of the last revision to this Agreement. If the "Last modified" date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the "Last modified" date has changed, then You can be certain that something in the Agreement has been changed, and that you need to re-review it in order to determine how Your rights and responsibilities may have been affected by the revisions.
1.3.1 Any updated or edited version supersedes any prior version immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. To the extent any amendment of this Agreement is deemed ineffective or invalid by any court, the parties intend that the prior, effective version of this Agreement be considered valid and enforceable to the fullest extent.
1.3.2 Waiver – If You fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for your failure to do so and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.
1.4 Any action on Your part to Bookmark to a page on the Web Site whereby the Warning Page, the Age Verification Page, and/or the Terms and Conditions of Use Page is bypassed shall constitute an implicit acceptance by You of all the Terms and Conditions set forth herein as well as an explicit acknowledgement by You of the fact that You are an adult and at least eighteen years if age or, if older, the age of majority under the laws of Your state, province or country.
2. DEFINITION OF TERMS.
2.1 The use of the terms "User" and "Viewer", shall mean and otherwise refer to You.
2.2 The term "Third Party Program Participants" shall refer to and include all persons who provide Video Services accessible through the Web Site, including Chathosts who may provide video or text chat services to, and other merchants, advertisers, promoters, and other content providers who may provide information, goods and/or services to, or in association with, the Web Site.
2.3 "Services" shall mean all the services provided by Us, through the Web Site, including live video and text chat content, access to Chathost profiles including all content uploaded by them onto the Web Site, and more generally use of the Web Site in all the ways which are available to You.
3. WARNING NOTICE.
3.1 ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT THE WEB SITE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT, OR ACCESSED THROUGH, THE WEB SITE DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS OF THE UNITED STATES OR ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THE WEB SITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE WEB SITE.
3.1.2 SECTION 230 NOTICE: YOU ACKNOWLEDGE YOUR RESPONSIBILITY TO PREVENT MINORS UNDER YOUR CARE FROM ACCESSING HARMFUL OR INAPPROPRIATE MATERIAL. YOU AGREE NOT TO ALLOW MINORS TO VIEW ANY SUCH CONTENT, AND YOU AGREE TO TAKE RESPONSIBLE MEASURES TO PREVENT THEM FROM DOING SO. NUMEROUS COMMERCIAL ONLINE SAFETY FILTERS ARE AVAILABLE WHICH MAY HELP USERS LIMIT MINORS' ACCESS TO HARMFUL OR INAPPROPRIATE MATERIAL. PURSUANT TO 47 U.S.C. §230(D), YOU ARE HEREBY INFORMED THAT YOU CAN RESEARCH SUCH SERVICES AT WEBSITES SUCH AS: WWW.GETNETWISE.ORG OR HTTP://WWW.CHILD-INTERNET-SAFETY.COM/INTERNET_FILTERS.PHP, AMONG OTHERS. PLEASE NOTE THAT WE MAKE NO REPRESENTATION OR WARRANTY REGARDING ANY OF THE PRODUCTS OR SERVICES REFERENCED ON SUCH SITES, AND WE RECOMMEND THAT YOU CONDUCT APPROPRIATE DUE DILIGENCE BEFORE PURCHASING OR INSTALLING ANY ONLINE FILTER. YOU AGREE TO TAKE PARTICULAR STEPS TO PREVENT MINORS FROM VIEWING OUR SITE OR THE CONTENT RECEIVED VIA OUR SERVICES IF YOUR COMPUTER OR MOBILE DEVICE CAN BE ACCESSED BY A MINOR. FINALLY, YOU AGREE THAT IF YOU ARE A PARENT OR GUARDIAN OF A MINOR CHILD, IT IS YOUR RESPONSIBILITY, NOT OURS, TO KEEP ANY AGE-RESTRICTED CONTENT ON OUR SITE OR SERVICES FROM BEING DISPLAYED OR ACCESSED BY YOUR CHILDREN OR WARDS.
3.2 YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS PRESENTED AT, AND/OR DOWNLOADABLE FROM THE WEB SITE MAY INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND SEXUAL ACTIVITIES, INCLUDING WITHOUT LIMITATION, HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND TRANSSEXUAL ACTIVITIES OF AN EXPLICIT SEXUAL NATURE; THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND; THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO THESE TERMS AND CONDITIONS YOU ARE WARRANTING TO THE COMPANY THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL VIEWING.
3.3 YOU FURTHER REPRESENT AND WARRANT THAT YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS CONSTITUTES A UNEQUIVOCAL REQUEST ON YOUR PART TO RECEIVE SEXUALLY EXPLICIT MATERIAL VIA THE WEB SITE AND THAT YOU HAVE NOT NOTIFIED ANY GOVERNMENTAL AGENCY THAT YOU DO NOT WISH TO RECEIVE SEXUALLY ORIENTED MATERIAL.
3.4 YOU FURTHER REPRESENT, AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) AND ARE CAPABLE OF LAWFULLY ENTERING INTO THIS AGREEMENT.
4. GENERAL STATEMENT REGARDING SERVICES OF WEB SITE, OPERATIONAL MATTERS, PRICING AND PAYMENT CARD POLICIES
4.1 The Company applies NO FEES to You for access to the Web Site, including unlimited and totally unrestricted access to Chathosts' Profiles, Guest Chat, Discussion Forums and uncensored archive photographs published by Chathosts on the Web Site. Access to live Videochat rooms will normally require additional charges. When such charges apply then these charges are prominently displayed prior to entering the fee-based video chat rooms, giving You the Viewer plenty of opportunity to decline this chargeable service if You do not wish to incur any additional fees.
4.2We are the provider of Services offered on the Web Site, and the amounts charged to and payable by You are due and payable to Us for the Services provided by Us to You.
4.3 If You have any queries regarding billing matters, You may email Us using the details found on the "Contact Us" page of Web Site stating the nature of Your query.
4.4 Refund & Cancellation Policy. If You have any complaint about Our Services then please contact Us using the details provided on the "Contact Us" page to let Us know the nature of Your complaint.
4.5 We will consider your complaint quickly, carefully and reasonably, and if it’s appropriate we will make a refund to your payment card in respect of the value of the Services affected.
4.6 Please be advised that the maximum time for making a complaint following a specific incident or issue arising is one week.
4.7 WARNING! By accepting these Terms and Conditions You agree to contact us if You have any disagreement with the charges made to Your payment card BEFORE YOU CONTACT YOUR payment card issuer for the purpose of cancelling any charges ("charge-back"). You must either email Us or telephone Us stating the reason why You dispute the charges. This will then enable Us to assess Your complaint and, if justified, refund Your payment card with the disputed amount.
4.8 If you choose to access any of our Services which are chargeable then the charge on your payment card will be shown on your card statement as CC Network Europe or an abbreviated form thereof.
4.9 The currency used by the Web Site and billed to your payment card can be a variety of currencies depending on the Sales Agent / Payment Processor used to handle your payments. These can include, but are not limited to, US dollars, euros and British pounds. Your bank may impose transaction charges and/or conversion fees – please contact your payment card issuer for more information.
4.10 The Web Site may make available the capability for You to make payments on account. Any such payment on account is simply a deposit, to be applied against any future chargeable Services. This mechanism is provided only to allow You the flexibility in settling your account, and does not represent any sort of financial services transaction between You and the Company. The Company does not make any charge to You for holding the deposit. Your deposit, or, if less, any portion of it that remains after settling any charges for Services contracted by and provided to You by Us, is refundable at any time by making an email request to Customer Services.
5. USER’S CODE OF CONDUCT.
5.1 You agree, warrant and covenant to use the Web Site in accordance with the Code of Conduct set out in the remaining paragraphs of this clause. You agree and acknowledge that in the event of any breach of the Code of Conduct, and in our sole discretion, We may, but are under no obligation to, reject or delete any materials posted, broadcast or uploaded by You, and/or terminate Your right to use or access the Web Site. Illegal activity may be reported to law enforcement authorities. You acknowledge and agree that we are not required to provide you with any reason for terminating your access to the Web Site and You shall have no right or recourse to dispute such termination in any circumstances.
5.2 You will not use the Web Site to engage in any form of illegal conduct, harassment or offensive behaviour, including but not limited to the posting or uploading of communications or any graphic, video or audio content to the Web Site which contains libellous, slanderous, abusive, or defamatory statements, or racist, obscene, or in any other way, offensive language.
5.3 You will not ask, suggest, induce or persuade any Chathost to participate in any activity or performance which, whether real, role-played or simulated, is degrading, dangerous, related to excretory functions, violent, or in any way potentially harmful to the Chathost.
5.4 You will not use the Web Site in connection with any form of sex trafficking or human trafficking activities.
5.5 You will not use the Web Site for purposes of promoting, soliciting, or facilitating prostitution, escort services, or any similar activity, and agree not to request or participate in the exchange of money for sexual activity in person with any Chathost.
5.6 You will not use the Web Site to solicit the participation of any person under the age of 18, or any person other than a registered Chathost, and You will not ask, suggest, induce or persuade any Chathost to pretend to be under the age of 18 and You will not discuss with any Chathost about any situations involving any person under the age of 18, whether real, simulated or role-played.
5.7 You will not use the Web Site to infringe the privacy rights, property rights, or other civil rights of any person.
5.8 You will not post messages on the Web Site or use the Web Site in any way which violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any intellectual property of another. You will not violate applicable copyright, patent or trademark law, privacy or other personal or proprietary rights, or use the site that is in any way fraudulent or otherwise unlawful.
5.9 The Company imposes a ZERO TOLERANCE policy with respect to any underage users, underage Chathosts, child pornography, child exploitation, or sex/ human trafficking activities. We cooperate enthusiastically with law enforcement agencies around the world in the event We discover any such activities occurring on or through our Web Site.
6. ANTI-SPAM POLICY.
You agree and warrant that You will not use any form of mass unsolicited electronic mail solicitations, news group postings, IRC posting or any other form of "spamming" as a means of promoting You or Your website or for the purpose of directing or referring users to the Web Site. You further acknowledge and agree that We have the right to immediately, and without notice, terminate Your participation as a Viewer if we, in our sole and exclusive judgment, conclude that you have engaged in the use of any form of mass unsolicited electronic mail solicitations, news group postings, password selling or trading, IRC posting or any other form of "spamming". WE HAVE ZERO TOLERANCE FOR SPAMMING. IF YOU SPAM, YOUR PARTICIPATION AS A VIEWER WILL BE TERMINATED, AND YOU WILL BE BARRED FROM FUTURE PARTICIPATION IN ANY PROGRAMS OR SERVICES RELATING TO THE CAMCONTACTS NETWORK, THE COMPANY OR THE WEB SITE.
7. GRANT OF LIMITED LICENSE WITH RESERVATIONS.
The Company's grant of a limited license to You to use or view the contents of the Web Site is strictly contingent upon Your agreement to and compliance with the following terms and conditions:
7.1 You acknowledge and represent that You are over the age of eighteen years of age(or older if so required by Your jurisdiction).
7.2 You acknowledge that all charges incurred by You and billed by the Company and its associated companies are for chargeable services that You have received directly from Us.
7.4 You represent and warrant that all information supplied to the Company, its associated companies, its agents, and all Third Party Program Participants, including Your name and email address, is accurate. You acknowledge and agree to provide to the Company and/or Third Party Program Participants, upon request, verification of information submitted by You.
7.5 You agree that your use of the Web Site will, at all times, be for personal and non-commercial purposes only.
7.6 You agree that You shall not use the Web Site on behalf of any other person or entity and that any and all passwords and accounts You use at, in, on, or in association with the Web Site are personal to You and are not transferable.
7.7 You acknowledge and agree that neither the Company nor Third Party Program Participants or any other third party issuing You any password or account associated with Your use of the Web Site will be liable for losses that are incurred through the use of Your password or account by a third party or the disclosure of any of Your passwords or account information.
7.8 You acknowledge and agree that use of the Web Site is void where prohibited by law, regulation, rule or custom.
7.9 You acknowledge and agree that all materials contained at the Web Site are proprietary and constitute valuable copyright, trademark and other intellectual property owned by the Company, its associate companies, and any others who have licensed use of such materials to the Company. The brand name CAMCONTACTS™ constitutes a trademark of the Company, in which all rights are reserved. You agree not to use Our trademarks, service marks, trade names, or brand names without Our express, written permission.
7.10 You acknowledge that You understand that the Company does not authorize access to any part of the Web Site in any manner contrary to the express provisions of this Agreement.
7.11 You agree and warrant that You shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use any materials available at or through the Web Site in a manner or place not expressly authorized by the Company.
7.12 You hereby acknowledge that You understand that the Company does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the materials contained on the Web Site to or by any person, INCLUDING YOU, who is located in any area where such material is prohibited.
7.13 You hereby acknowledge and agree that the Company does not authorize access to any parts of the Web Site in any manner that bypasses this Agreement. You further acknowledge and agree that You may not "bookmark" photographs or other materials inside the Web Site or directly access files designated as part of the Web Site except through appropriate authorization pages as specified by the Company and You further agree that You shall not attempt to do so.
7.14 You further acknowledge that You understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from the Web Site in violation of the terms and conditions set forth herein, in which You are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other unauthorized use of materials in PROHIBITED AREAS in any manner, shall constitute intentional infringement(s) of the Company's and potentially others' intellectual property rights and other rights in such materials and shall further constitute a violation of Company's trademark and other rights, including, but not limited to, rights of privacy.
7.15 Discovery of any suspected or actual fraudulent or other illegal activity, or any activity the Company or any Third Party Program Participant deems improper, engaged in by You and/or another party in direct or indirect association with You, shall entitle the Company to immediately terminate any and all services and all other obligations to You. All suspected fraudulent and criminal activity may be immediately reported to appropriate governmental and law enforcement authorities.
7.16 Violation of any provision of this Agreement or any other rule or regulation posted by the Company or any Third Party Program Participant may result in termination of Your rights to the services provided by the Company and the Web Site.
7.17 Any decision made by the Company, its associated companies or any Third Party Program Participant relating to the determination of a breach of this Agreement, other posted rules or regulations or inappropriate conduct by You shall be final and binding.
8. PROHIBITED DISTRIBUTION AREAS.
All of the following areas constitute PROHIBITED AREAS from which no part of the Web Site may be accessed, viewed, downloaded or otherwise received:
All parts of every geophysical place or jurisdiction corresponding to a political entity or part thereof in which the access, viewing, downloading, dissemination of, or other use of the materials contained in the Web Site would constitute a violation of any law, regulation, rule or custom, including the contemporary community standards of that jurisdiction with respect to the viewing, accessing or other use by adults of materials which consist of graphic, sexually explicit content.
9. INDEMNIFICATION FOR UNAUTHORIZED USE OF PROPRIETARY MATERIALS.
You agree to be personally liable and fully indemnify the Company and its successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized downloading or other duplication of materials from the Web Site by You alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading, publication, reproduction, display, copying, or distribution of materials from the Web Site including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
10. LIMITED GRANT OF LICENSE.
Subject to all the terms and conditions set forth herein, the Company hereby grants You a limited, non-exclusive and non-transferable license to use graphic files, audio files, video files, text, hyperlinks, interlinks, search engines, and other software ("Materials") associated with authorized use of the Web Site which Company provides during the period in which You are a current User in good standing. You may use the Materials only in accordance with these terms and conditions of Use, only on one computer at a time and, if downloadable copies of the Materials are made available by the Web Site, You may make only a single copy of such Materials for Your personal use and enjoyment. You may not remove any propriety notices from Materials at any time. You may make no use of Materials not expressly authorized herein or by prior express written authorization from Company. Prohibited uses, include, without limitation: (a) permitting other individuals to directly or indirectly use the Materials; (b) modifying, translating, reverse engineering, decompiling, disassembling the Materials (except to the extent applicable laws specifically prohibit such restriction); (c) making copies or creating derivative works based on the Materials except as provided herein; (d) renting, leasing, or transferring any rights in the Materials; (e) removing any proprietary notices, including copyright and trademark notices, or labels on the Materials; and (f) making any other use of the Materials not specifically authorized by the Company. This license does not grant You any rights to any software enhancements or updates of any kind.
11. COMPANY’S PROPRIETARY RIGHTS TO CONTENT.
Except for public domain material or material otherwise licensed to Company for electronic dissemination, all Materials displayed at or otherwise available through the Web Site are proprietary, and, except for initial downloading, may not be copied, redistributed, or downloaded, in whole or in part, without the prior written authorization of Company or its associated companies. The copyright laws of the United States, international copyright treaties and other laws and regulations protect all editions of the Web Site, and all Materials and other matter used directly or indirectly in, at, by, through and/or with the Web Site. All rights are reserved. All intellectual property and other rights in and to the Materials and other matter at the Web Site shall at all times remain in Company, its parent(s), subsidiary(ies), licensee(s) and assign(s). All intellectual property and other rights in and to any intellectual property content accessed through the Materials is the property of the applicable content owner, which may be the Company, its parent(s), subsidiary or subsidiaries, licensee(s) and assign(s), or others, and may be protected by applicable copyright and/or other laws. The limited and non-exclusive license granted to You herein grants to You no rights to use such content except as set forth herein. This license will immediately terminate automatically if You fail to comply with the limitations described herein, breach any other provision of this Agreement, cease, for any reason, to be a User in good standing, or are notified of its termination by the Company or its authorized agent(s). You agree that upon such termination, You will immediately destroy all copies of the Materials in Your possession.
12. LIMITATIONS ON COMPANY’S LIABILITY.
12.1 You acknowledge and agree that Company shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone or any other means, resulting from an advertisement placed by or responded to, or messages or communications sent to or received by Chathosts or any other entity or party through the Web Site, or through any use, directly or indirectly, of the Web Site. You further acknowledge and agree that the Web Site does not screen any Chathosts or any other parties on the Web Site, and makes no representations or warranties with respect to the character, veracity, age, health or any other attribute of Chathosts or any business or party who appears on the Web Site or any statements made or information posted by them on the Web Site. You further acknowledge and agree that the Web Site has no liability in any way, manner or form for communications or meetings, physical or otherwise, between You and Chathosts or other Users of the Web Site, or any other persons, and You are expected to use common sense and take appropriate measures and precautions to ensure Your own personal safety and privacy in the event that You choose to communicate with, or meet with any Chathost or other party with whom You have communicated through the use of the public areas or live video and chat areas of the Web Site, or through any web site belonging to a Chathost or any web site where a Chathost has advertised and which has been made accessible through the Web Site through the services provided by the Chathost to the Web Site.
12.2 You agree that Materials and all other services provided to You by the Company are provided on an "AS IS" basis, without warranties of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Materials and all services provided by Company is borne by You. Should the Materials or any other service provided by Company prove defective and/or cause any damage to Your computer or inconvenience to You, You, and not Company, assume the entire cost and all damages which may result from any and all such defects. Under no circumstances and under no cause of action or legal theory, shall Company, its associated companies, its suppliers, licensees, resellers, Chathosts or other Users or their suppliers, licensees, resellers or Users be liable to You or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any viruses, worms. Trojan Horses or other destructive software or materials, or communications by You or other users of the Web Site, or from any use of Materials or from any use of the Web Site whatsoever. This disclaimer of warranty constitutes an essential part of the Agreement. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to You and You may have other legal rights that vary by jurisdiction.
12.3 The Company is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any Materials, data, advertisement or other communication at or through the Web Site.
12.4 No warranty is made by the Company regarding any information, services, Materials or products provided to You, directly or indirectly, through or in connection with the Web Site, and the Company hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of Materials, information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to You.
12.5 You acknowledge that use of the Web Site is at Your own risk.
13. DISCLAIMER REGARDING THIRD PARTY CONTENT/LIMITATION OF LIABILITY.
13.1 You acknowledge that You understand that We are not responsible for, nor can We control, the use by others of any information which You provide to Chathosts or other Users through the Web Site, or otherwise, and that You have been advised that You should exercise caution in selecting the personal information You provide to others through the Web Site.
13.2 You acknowledge that You understand that We cannot ensure nor do We make any representations or warranties regarding the security or privacy of information that You voluntarily provide through the use of the Web Site, the Internet and Your email messages, and that You release Us from any and all liability in connection with the use or misuse of such information by other parties.
13.3 You further acknowledge that You understand that We do not control the content of any information, messages, communication or other materials transmitted, posted or uploaded by Chathosts or other Users of the Web Site, and that consequently You release Us from any and all liability and responsibility in connection with the content of any information, messages, communication or other materials You may receive from Chathosts and other Users of the Web Site.
13.4 You further acknowledge that You understand that We do not endorse, guarantee or vouch for the accuracy or truthfulness of any messages, communication, information or content of any kind which has been posted, uploaded or provided by Chathosts or other Users of the Web site, and consequently You release Us from any and all liability and responsibility resulting, directly or indirectly, from any such messages, communication, information or content of any kind.
13.5 Some of the content of the Web Site might be accessed by You via hyperlinks that will connect You to third parties, or to third-party websites that may provide content to the Web Site. We have no editorial control or supervision over selection or display of the content provided by those third parties or those third-party websites and those parties are solely responsible and liable for that content.
14. INAPPROPRIATE USE OF CHAT OR PUBLIC AREAS.
14.1 You agree and warrant that You shall not submit, publish, or display on the Web Site any material which is infringing, defamatory, libelous or otherwise unlawful, or any material deemed obscene, lewd, excessively violent, harassing or otherwise objectionable. You further agree to indemnify the Company and its representatives for any claims or suits arising from Your use of this Web Site in violation of this agreement and warranty.
14.2 Although We do not assume the duty or obligation to monitor any messages or other materials posted or uploaded to the Web Site by third parties, including You, We reserve the right but not the obligation, in our sole and absolute discretion, to monitor any and all materials posted or uploaded to the Web Site by third parties, including You, at any time without prior notice to ensure that they conform to any content guidelines or policies of the Web Site which may be applicable from time to time.
14.3 Although We do not assume the duty or obligation to monitor any messages or other materials posted or uploaded to the Web Site by third parties, including You, and are not responsible for any content of these materials, We reserve the right, in our sole and absolute discretion, but are not obligated, to delete, move, or edit messages or materials without notice, that We, in our sole discretion, deem to violate the Code of Conduct of the Web Site or any applicable content guidelines adopted from time to time by the Web Site, or to be otherwise unacceptable.
14.4 You acknowledge and agree that You shall remain solely responsible for the content of messages and other materials You may upload to the Web Site or communicate or transmit to other Users of the Web Site and that We may, in our sole discretion, terminate or suspend Your access to all or part of the Web Site at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your access to all or part of the Web Site at our sole discretion, and You may be referred to appropriate law enforcement agencies.
14.5 You acknowledge and agree that You are solely responsible for any information You send, display or receive through the Web Site even if a claim should arise after termination of service.
15. COMMUNICATIONS IN CHAT ROOM OR PUBLIC AREAS NOT PRIVATE.
You acknowledge and agree that all messages or content posted by You or others in any Chat rooms or public areas of the Web Site shall be deemed to be readily accessible to the general public and consequently should not be considered private or confidential. Consequently, You should not use the Web Site for any communication that You intend only You and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Web Site can and may be read by the operators of the Site, whether or not they are the intended recipient(s).
16. PRIVATE USE OF MATERIALS.
All materials included at the Web Site are for the private use by authorized Users and Viewers only. The Company intends no other uses and any other use is strictly prohibited by the Company and will constitute a violation of its limited license and authorization of use.
17. DISCLOSURES AND OTHER COMMUNICATION.
We reserve the right to send electronic mail to You, for the purpose of informing You of changes or additions to the Web Site, or of any of our related services. We reserve the right to disclose information about Your usage of the Web Site and demographics in forms that do not reveal Your personal identity.
18. YOUR CONSENT TO RECEIVE EMAIL COMMUNICATIONS FROM US.
18.1 You hereby grant Us the right, from time to time, at our discretion, to send You commercial, advertising or informational emails at Your email address. You acknowledge that We may rely upon Your acceptance of membership to the Web Site as Your permission to Us to send You such emails. You understand and agree that, as a result of this consent, even unsolicited commercial email sent from Us or Our affiliates will not be considered SPAM as that term is defined under the law. The purpose of this communication may include but is not limited to: (a) Inform You of any changes to the status of Your account; (b) Inform You of any purchases made on the Web Site via Your account; (c) Provide information to You regarding products or services offered by Our affiliates or partners; (d) Inform You about any of Our related products or services; (e) Provide You with information about any item that We think, in Our sole discretion, may be of interest to You.
18.2 You may opt out of these announcements and messages by contacting email@example.com. If You opt out of these marketing emails, You will still receive system notices and other information that is specifically related to Your account. For example, We may send You messages in response to a lost password request or for other administrative reasons associated with the Web Site, including billing statements.
18.3 If You provide Your information to Us, use the Web Site, or Our Services, You will have created a commercial relationship with Us. In having done so, You understand that even unsolicited commercial email sent from Us or Our affiliates is not SPAM as that term is defined under the law. Furthermore, You grant Us the right to continue to send such emails to You even after Your termination of membership until You specifically notify Us that You wish Us to stop sending You said emails.
19. LIABILITY OF USERS FOR INFORMATION THEY POST.
19.1 If the Company should at any time provide any service which enables authorized Users to communicate with or otherwise share information with other Users or persons providing any kind or service to Users, or post information at, in or on the Web Site, You agree that while connected to or otherwise directly or indirectly using the Web Site or other services provided to You by Company You will not post, submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, fraudulent or illegal material or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person. You acknowledge that transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited and You further agree that any transmission of such material by You shall constitute a material breach of this Agreement entitling Company, without notice and without any liability for damages or reimbursement to You, to immediately terminate Your membership and Your rights to access and use of the Web Site.
19.2 You acknowledge and agree that You, and not the Company, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all information which You submit, publish, display, disseminate or otherwise communicate through the Web Site even if a claim for damages or liability should arise after termination of service.
20. COMPANY ASSIGNMENT.
The Company may freely assign this Agreement and any and all rights and obligations hereunder, as well as any and all other rights, duties and obligations owed to You and/or any and all third parties, including, without limitation any and all rights and obligations pertaining to any and all offers and programs on, at, through or in association with the Web Site, to any third party without Your approval or notice to You.
21. NOTICES TO COMPANY OR TO USERS.
Notices from the Web Site to authorized Users may be given by means of electronic messages, or by general posting on the Web Site. Communications from Users or Viewers to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Agreement.
21.1 All questions, complaints, and notices to Company by means of conventional mail must be sent to Customer Service as indicated in the "Contact Us" web page.
22. ENTIRE AGREEMENT.
This Agreement contains the entire agreement between You and the Company regarding use of the Web Site and the Services, and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations, between You and the Company, and may only be amended upon notice by Company.
22.1 You acknowledge and agree that the terms and conditions of this Agreement are subject to change by Company at any time and shall be effective after notice to Users by posting at or via hyperlink to the Web Site.
23. JURISDICTION OF ALL LEGAL DISPUTES.
This Agreement shall be governed by and construed under the laws to which the merchant that processes your payments is subject. The merchant details are as follows:
|Merchant Name||CC Network (EU) BV|
|Merchant Address||De Cuserstraat 93, 1081 CN, Amsterdam, The Netherlands|
|Card Statement||CC Network Europe or an abbreviated form thereof|
You agree that all legal disputes arising out of this Agreement shall be resolved in the courts of the jurisdiction shown above, unless the Company serves notice upon you that it will instigate proceedings in the country of your residence (whether permanent or temporary) in which case the jurisdiction of such country will prevail.
24. UNENFORCEABILITY OF PROVISIONS.
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.
25. AFFIRMATION OF AGREEMENT.