1. Users must be at least 18 years old to register our App.
2. The following contents are strictly prohibited from posting: including references or comments about religion, colors, race, gender, sexual orientation, nationality, racial origin or other target groups; violent, blood, arms dealing, pornography, etc.
3. If you violate the rules, your account might be suspended.
4. If you find violation contents, you can block and report the content, or report it by email (KatherineMighty29@outlook.com), we will delete the content and the user within 24 hours.
These Terms of Service apply when you access or use this mobile application (the “App”), and the services provided through the mobile application developed by ChatB, its subsidiaries and affiliates (collectively as “we,” “us” and “our”) (the mobile application and these services constituting the “Service”). These Terms of Service (“ToS”) constitute a legal Agreement between the user of our products and services (“user” or “you”) and us. It applies when a user accesses or uses this mobile application and Services.
1. Consent
By downloading the App, or otherwise using the Service, you indicate your agreement to be bound by these ToS. If you do not agree with these ToS, you must not use the App or Service, and uninstall the App if you have already downloaded them.
We may modify these ToS from time to time. We will notify you of material changes in accordance with applicable laws. If you do not agree with the proposed changes, you should discontinue your use of the App and/or Service and uninstall the App. If you continue using the App and/or Service after the new terms take effect, you will be bound by the modified ToS.
2. Privacy Policy
Our Privacy Policy is part of, and governed by these ToS. By agreeing to these ToS, you agree to be bound by the terms of the Privacy Policy and Advertising Choices, and agree that we may use information collected from you in accordance with their terms.
3. Notice Regarding Dispute Resolution
These ToS contain provisions that govern how claims you and we may have against each other are resolved, including an agreement and obligation to arbitrate disputes, which, subject to limited exceptions, will require you to submit claims you have against us to binding arbitration, unless you opt-out of arbitration as described below.
If you do not opt-out of arbitration, you will only be permitted to pursue claims and seek relief (including monetary, injunctive, and declaratory relief) against us on an individual basis, not as part of any class or representative action or proceeding.
4. Affirmative Representations
When you use the Service, you represent that:
Your use of the Service does not violate any applicable law or regulation;
You are over the age of 18 or, if not, you are between the ages of 13 and 17 and a third party parent or legal guardian has agreed to these ToS;
You are of sufficient legal age or otherwise have legal capacity to legally enter into these ToS.
5. Prohibited Activities
In using the Service, you are in agreement not to: Impose an excessive load on the Service or its associated networks or services (for example, attempting to hack into the Service); undertake decompiling, disassembling, modifying, translating, adapting, reverse engineering, creating derivative works from, or sublicensing the Service, or any part thereof; or bypass, deactivate, or otherwise disrupt security features of the Service or features that hinder or restrict the use or copying of any Materials (as specified in Section 6) or impose restrictions on the use of the Service or the Materials within the Service.
6. Our Intellectual Property Rights
All of the text, copyrightable computer code, trademarks, service marks, and logos contained on the Service (“Materials”), are owned by or licensed to us and are subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. The Service and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Service and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials.
7. Our Management of the Service; User Misconduct
A. Our Right to Manage the Service. We reserve the right, but do not undertake the obligation to: (a) monitor or review the Service for violations of these Terms of Service and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service; (c) manage the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service.
B. Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF these Terms of Service, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF the Service TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN these Terms of Service, OR OF ANY APPLICABLE LAW OR REGULATION.
8. Third Party App Stores
You acknowledge and agree that the availability of the Service may be dependent on third party websites from which you download the Service, e.g., the Apple App Store or Google Play Store (each a “Third Party App Store”). You acknowledge that these Terms of Service are between you and us and not with the applicable Third Party App Store. Each Third Party App Store may have its own terms and conditions to which you must agree before downloading the Service from it. You agree to comply with, and your license to use the Service is conditioned upon, your compliance with, the applicable Third Party App Store terms and conditions. To the extent that other terms and conditions from the applicable Third Party App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service will apply.
9. Premium Services and In-App Purchases
Certain products and/or services may be provided to Application users in exchange for a subscription fee or other charges ("Premium Services"), which could include the option to buy products, services ("In-App Products"). Should you opt for using Premium Services or purchasing In-App Products through a Third Party App Store, the applicable fees or charges will be billed to your account by the Third Party App Store.
Billing for Premium Services and In-App Purchases will be managed by the Third Party App Store, in accordance with the terms they present to you during the purchase process and the general terms governing in-app purchases linked to your Account. Depending on your location, some Third Party App Stores might impose sales tax on you.
In case you acquire a recurring subscription through an in-app purchase, your Account will continue to be charged for the subscription until you decide to cancel it. If you prefer not to renew your subscription automatically or wish to modify or terminate it, you must log in to your account and adhere to the provided instructions for canceling the subscription, even if you have deleted your account with us or uninstalled the application from your device. Deleting your member account or uninstalling the application does not cancel your subscription; any charges to your Account will persist until you cancel the subscription through your Account.
10. Legal Disputes and Arbitration Agreement
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court.
(1) Initial Dispute Resolution
We are available by email at the address provided in the “How to Contact Us” Section to address any concerns a user may have regarding the Service. Most concerns may be quickly resolved in this manner. For any dispute you have with us, you agree to first contact us and attempt to resolve the dispute with us informally. We each agree to resolve any dispute arising out of or in connection with, or relating to this Agreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
(2) Agreement to Binding Arbitration
If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to section “Initial Dispute Resolution” above, then either party may initiate binding arbitration.
Any disputes arising from or relating to these Terms of Service (including their creation, execution, and violation), the relationship between the parties, and/or your utilization of the Service shall be conclusively resolved through binding arbitration conducted confidentially by the American Arbitration Association. This arbitration shall be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association (referred to as the "AAA"), without incorporating any regulations or procedures allowing for class actions.
The appointed arbitrator, rather than any federal, state, or local court or agency, shall possess exclusive jurisdiction to settle all disputes concerning the interpretation, applicability, enforceability, or establishment of these Terms of Service. This includes, but is not limited to, any assertion that any portion of these Terms of Service is invalid or voidable. The arbitrator shall have the authority to grant remedies available in both law and equity. The arbitrator's decision shall be binding upon the parties and may be enforced as a judgment in any court with proper jurisdiction. The interpretation and enforcement of these Terms of Service shall be governed by the Federal Arbitration Act.
The arbitration rules of the AAA can be found at www.adr.org or by contacting AAA at 1.800.778.7879. If the arbitration filing fee exceeds the cost of initiating a lawsuit, we will cover the additional expenses. Should we be required to cover the additional filing fees, you must seek reimbursement directly from AAA alongside your arbitration initiation form, and we will arrange for the payment of all fees to AAA. The arbitration provisions also allow for the recovery of attorney's fees under certain circumstances.
By agreeing to these terms, the involved parties acknowledge that, without this mandatory provision, they would maintain the right to pursue litigation in court and have a trial by jury. Furthermore, they recognize that in some instances, the costs associated with arbitration may exceed those of litigation, and the scope of discovery rights may be more limited in arbitration compared to court proceedings.
(3) Class Action and Class Arbitration Waiver
You and us each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and us each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section “Agreement to Binding Arbitration Above” shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
(4) Exception - Small Claims Court Claims
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
(5) 30 Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section “Arbitration Agreement” by sending written notice of your decision to opt-out to the address provided in the “How to Contact Us” Section.
The notice must be sent by you within thirty (30) days of your downloading of the App, otherwise you will be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
(6) Exclusive Venue for Litigation
To the extent that the arbitration provisions set forth in above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in San Francisco County, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in California for any litigation other than small claims court actions.
11. Warranty Disclaimer; Limitation on Liability
A. Disclaimer of Warranties
To the extent permitted by applicable law, all materials or items provided through the service are provided “as is” and “as available,” without warranty or conditions of any kind. By operating the service, we do not represent or imply that we endorse any materials or items available on or linked to by the service, or that we believe any other materials or items to be accurate, useful or non-harmful. We cannot guarantee and do not promise any specific results from use of the service. No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in these terms of service. You agree that your use of the service will be at your sole risk. to the fullest extent permitted by law, we and each of our advertisers, licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors disclaim all warranties, express or implied, in connection with the service and your use thereof.
Subject to the extent allowed by applicable law, we do not provide any guarantees or assurances regarding the accuracy, reliability, timeliness, or completeness of the content on the service, the content of any linked sites, information, or any other items or materials on the service or linked to by the service. We do not accept any liability or responsibility for any (a) errors, inaccuracies, or mishaps in content and materials, (b) personal injury or property damage of any nature resulting from your access to or use of the service, (c) unauthorized access to or use of our secure servers and/or any personal information stored therein, (d) interruption or cessation of transmission to or from the service, (e) bugs, viruses, trojan horses, or similar issues transmitted to or through the service by any third party, and/or (f) errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the service.
B. Limited Liability
To the maximum extent permitted by applicable law, we shall not be held liable to you or any third party for any indirect, consequential, incidental, special, or punitive damages, including but not limited to damages for lost profits, arising from your utilization of the Service, materials, or any other content therein. Regardless of any conflicting provisions within these Terms of Service, our liability to you for any loss or damage incurred as a result of these Terms of Service, whether in contract, tort, breach of statutory duty, or otherwise, shall not exceed $50.
12. Notice to New Jersey Users
Notwithstanding any terms set forth in these Terms of Service, if any of the provisions set forth above are held unenforceable, void or inapplicable under New Jersey law, then any such provision shall not apply to you but the rest of these Terms of Service shall remain binding on you and us. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statue. Notwithstanding any provision in these Terms of Service, nothing in these Terms of Service is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.
13. Notice to California Users
Under California Civil Code Section 1789.3, users located in California entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to KatherineMighty29@outlook.com California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
14.Digital Millennium Copyright Act Policy
Our adherence to the Digital Millennium Copyright Act (DMCA) involves following the procedures for notice and takedown as prescribed. Furthermore, in appropriate circumstances, we reserve the right to terminate the account and access privileges of any individual identified as a repeat infringer. If you are the rightful copyright owner or an authorized representative thereof, and you suspect that any material or content within the Service violates your copyrights, you may submit a notification in accordance with our DMCA Policy. This can be done by sending an email to KatherineMighty29@outlook.com with the subject line commencing with "DMCA Notice." The email should include the following details:
A signature, either physical or electronic, from a person duly authorized to act on behalf of the copyright owner or an exclusive rights agent alleging infringement;
Clear identification of the copyrighted material being infringed upon;
Details pinpointing the allegedly infringing material and its location within the App or Service, as relevant;
Contact information for easy communication;
A declaration asserting your good faith belief that the disputed material is not authorized by the copyright owner, their agent, or the law;
A statement, under penalty of perjury, affirming the accuracy of the provided information and your status as the copyright holder or an authorized representative.
We hold a deep respect for the intellectual property rights of others and promptly address credible reports of potential infringement. Kindly note, failure to meet all requirements outlined in this section may render your notice invalid.
15. Independent Contractors
Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
16. Non-Waiver
Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.
17. Assignment
We may assign our rights under these Terms of Service without your approval.
18. Severability
These Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
19.Employee Alterations Prohibited
Should any of our staff members propose alterations to the terms outlined in these Terms of Service, they are not representing us as agents or speaking on our behalf. It is advised that you do not place reliance on, or act upon, any statements or communications from our employees or individuals claiming to act on our behalf.
20.Applicable Law
The regulations stipulated in this Terms of Service document will be governed by, interpreted, and enforced in accordance with the laws of the State of California (without considering any choice or conflict of laws provisions). The United Nations Convention on Contracts for the International Sale of Goods will not have relevance to this Agreement.
21.Contact Details
For any inquiries regarding these Terms of Service or your account, please reach out to us at KatherineMighty29@outlook.com
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