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| 1. ACKNOWLEDGMENT AND ACCEPTANCE The ChattersOnline.com Chat Room Service is provided to you ("Subscriber") under the following Terms and Conditions of Service ("T's & C's"). The T's & C's constitute the entire agreement between Subscriber and ChattersOnline.com and supersede all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION FORM AND SUBMITTING YOUR REGISTRATION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE PROVISIONS OF THE T's & C's including any modifications to the T's & C's adopted and disseminated by ChattersOnline.com (whether via ChattersOnline.com's web site or otherwise) in the future. Subscribers also agree with our Privacy Policy and Chat Guidelines. 2. DESCRIPTION OF SERVICE ChattersOnline.com provides Subscribers with a capability to create chat rooms on the ChattersOnline.com chat network and are able to chat freely with others on the network. Subscribers to ChattersOnline.com's free chat room service are responsible for all activity in their rooms. All Subscribers to the Service must be at least 13 years of age or older. In consideration for this Service, Subscriber agrees to: (1) provide certain current, complete, and accurate information about Subscriber and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested upon service initiation is designated as "Registration Data." Subscriber grants ChattersOnline.com the right to disclose to third parties certain Registration Data about Subscriber and the Service provided to Subscriber in aggregate form. Any disclosure of such aggregate information to third parties will exclude Subscriber's name, mailing address, e-mail address, mailbox and phone number unless: (1) Subscriber expressly directs ChattersOnline.com, or any other person Subscriber may specifically designate, to disclose such information or (2) ChattersOnline.com is required to disclose such information by any applicable law or legal process. If any information provided by Subscriber is found to be inaccurate, ChattersOnline.com retains the right to terminate this subscriber agreement and the Subscriber's rights to use the Service without notice. 3. MODIFICATIONS TO TERMS OF SERVICE ChattersOnline.com may change the T's & C's from time to time. Upon any change in the T's & C's, ChattersOnline.com will post news of the changes to the "Network News" section of the ChattersOnline.com website. If you log on to the network after these changes have been made, you will be prompted with a warning that there has been changes. If you agree to be bound by the changes, you must again click the "I Accept" button that will follow the posted changes. If you do not click the "I Accept" button, you are electing to discontinue your use of the Service. Subscriber's subsequent continued use of the Service constitutes an agreement by Subscriber to the revised T's & C's. 4. MODIFICATIONS TO SERVICE ChattersOnline.com unilaterally reserves the right to modify or discontinue the Service (including, without limitation, the right to modify the feature set(s) applicable to both the Basic and Premium Services) with or without notice to Subscriber. Subscriber agrees that ChattersOnline.com shall not be liable to Subscriber or any third party should ChattersOnline.com exercise its right to modify or discontinue the Service. 5. PRIVACY STATEMENT ChattersOnline.com considers chat to be private correspondence between members and guests. It is the policy of ChattersOnline.com to respect the privacy of its Subscribers. Therefore, in addition to the privacy of Registration Data as discussed in Section 2 above, ChattersOnline.com will not monitor, edit, or disclose the contents of a Subscriber's private communications unless required to do so by law or in the good faith belief that such action is necessary to: (1) comply with legal process served upon ChattersOnline.com; (2) protect and defend the rights or property of ChattersOnline.com; or (3) act under apparently exigent circumstances to protect the personal safety of its subscribers or the public. Subscriber acknowledges and agrees that ChattersOnline.com neither endorses the contents of any Subscriber communications nor assumes responsibility for any alleged threatening, libelous, obscene, harassing or offensive material contained therein, nor any alleged crime or alleged infringement of third party intellectual property rights arising therefrom or facilitated thereby. ChattersOnline.com is committed to complying with laws protecting consumer privacy including the Children's Online Privacy Protection Act ("COPPA"). To avoid non-compliance with COPPA and its implementing regulations, ChattersOnline.com does not knowingly permit children under the age of 13 to register for the Service. Please refer to ChattersOnline.com's Privacy Policy for more information regarding ChattersOnline.com's protection of your personal information. 6. DISCLAIMER OF WARRANTIES SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT SUBSCRIBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND SUBSCRIBER ACKNOWLEDGES THAT SHE/HE HAS OTHER OPTIONS FOR CHAT AND CHAT ROOMS BUT ELECTS TO UTILIZE THE CHATTERSONLINE.COM CHAT ROOM SERVICE UNDER THESE T's & C's. CHATTERSONLINE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CHATTERSONLINE.COM MAKES NO WARRANTY THAT THE SERVICE WILL MEET A SUBSCRIBER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CHATTERSONLINE.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS FOUND IN THE CHATTERSONLINE.COM TECHNOLOGY AND/OR THE CHATTERSONLINE.COM SOFTWARE WILL BE CORRECTED. SUBSCRIBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR INFORMATION OBTAINED OR OTHERWISE TRANSMITTED THROUGH THE SERVICE IS ACQUIRED AND TRANSMITTED AT SUBSCRIBER'S OWN DISCRETION AND RISK AND THAT SUBSCRIBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER'S COMPUTER SYSTEM OR ANY LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. CHATTERSONLINE.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO BY SUBSCRIBER THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SUBSCRIBER FROM CHATTERSONLINE.COM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. HOWEVER, SUBSCRIBER AND CHATTERSONLINE.COM AGREE THAT ALL LEGALLY APPLICABLE EXCLUSIONS WILL APPLY. 7. LIMITATION OF LIABILITY SUBSCRIBER AND CHATTERSONLINE.COM AGREE THAT CHATTERSONLINE.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM SUBSCRIBER'S USE OF OR INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF SUBSCRIBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE PROPERTY, EVEN IF CHATTERSONLINE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8. NO RESALE OF THE SERVICE Subscriber's right to use the Service is personal to Subscriber. Subscriber agrees not to resell the Service without the express advance written consent of ChattersOnline.com. 9. SUBSCRIBER SETTINGS STORAGE AND OTHER LIMITATIONS ChattersOnline.com assumes no responsibility for the deletion or failure to store various settings of nicknames, memos and room settings. ChattersOnline.com has set a fixed upper limit on the number of memos a Subscriber may receive through the Service, and a fixed upper limit on the period of time that memos may be stored on the service. ChattersOnline.com retains the right, at the ChattersOnline.com's sole discretion and at any time, to change any of the capacity limits on storage. ChattersOnline.com retains the right, to determine whether or not Subscriber's conduct is consistent with the T's & C's and may terminate Service without notice if in the exercise of the Company's sole discretion, a Subscriber's conduct is found to be inconsistent therewith. 10. SUBSCRIBER CONDUCT (See also Section 6 above and our Chat Guidlines.) Subscriber is solely responsible for the contents of Subscriber's transmissions through the Service. Subscriber's use of the Service is subject to all applicable local, state, national and international laws and regulations. Subscriber agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt chat rooms connected to the Service; and (4) to comply with all regulations, policies and procedures of chat rooms connected to the Service. The Service makes use of the Internet to send and receive certain messages; therefore, Subscriber's conduct is subject to Internet regulations, policies and procedures. Subscriber will not use the Service for spamming or by use of distribution lists containing any person who has not given specific permission to be included on such a list. Subscriber agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Subscriber further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil claims of liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Subscriber shall not interfere with another Subscriber's use and enjoyment of the Service or another entity's use and enjoyment of similar services. ChattersOnline.com may, at its sole discretion, and without notice, immediately terminate Service should ChattersOnline.com in the exercise of its sole discretion, determine that Subscriber's conduct fails to conform with the T's & C's. 11. INDEMNIFICATION Subscriber agrees to indemnify and hold ChattersOnline.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of Subscriber's use of the Service, the violation of the T's & C's by Subscriber, or the infringement by Subscriber, or other user of the Service using Subscriber's telephone or computer, of any intellectual property or any other claimed right of any person or entity. 12. TERMINATION Either Subscriber or ChattersOnline.com may terminate the Service without cause at any time and effective immediately. Except as otherwise provided herein, a written notice shall accompany termination to the other party. ChattersOnline.com shall not be liable to Subscriber or any third party for termination of Service. Should Subscriber not accept the T's & C's or any subsequent modifications thereto or become dissatisfied with the Service in any way, Subscriber's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate this subscriber agreement; and (3) immediately notify ChattersOnline.com of such termination. Upon termination of the Service, Subscriber's right to use the Service immediately ceases. Subscriber shall have no right and ChattersOnline.com will have no obligation thereafter to forward any unread or unsent memos to Subscriber or any third party. 13. NOTICE Except as otherwise provided herein, all notices to a party shall be in writing and shall be made either via e-mail or United States mail. ChattersOnline.com may broadcast notices or messages through the Service to inform Subscriber of changes to the T's & C's, the Service, or other matters of importance; such broadcasts shall constitute and be in lieu of any other form of notice to Subscriber. 14. PARTICIPATION IN PROMOTIONS OF ADVERTISERS Subscriber may enter into correspondence with or participate in promotions of the Advertisers offering their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Subscriber and the Advertiser. ChattersOnline.com assumes no liability, obligation or responsibility for any part of any such correspondence or promotion, or for Subscriber's purchase or use of the goods or services of any Advertiser. 15. PROPRIETARY RIGHTS TO CONTENT Subscriber acknowledges that content, including but not limited to music, sound, video, graphics or other material contained in either sponsor advertisements or e-mail-distributed, commercially produced information presented to Subscriber by the Service ("Content") by ChattersOnline.com or ChattersOnline.com 's Advertisers, may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Subscriber is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Subscriber may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so in writing by the Service or the Advertiser. Thank You for reading our Terms of Service. |
