Terms of Services – ChatLocal

 

v.1 – 26/April/2013

 

Introduction

ChatLocal (“ChatLocal”, “we”, “us”, “our”) provides users the possibility to create chat rooms and define it’s geographic area of access based on the users current geographic location.

By using ChatLocal services, you indicate that you have carefully read and that you accept this Terms of Services (“terms”), and that you agree to abide by them. If you do not comply with any of the provisions of these terms, we reserve the right to suspend, ban, terminate or permanently disable your access to our services. If you do not agree with these terms, please refrain from using our services, website, software and mobile application.

 

Modification

ChatLocal reserves the right to update, change or modify these terms without previous notice, effective immediately. Any new features, tools and/or resources released by ChatLocal, that changes or not our services, shall be subject to these terms. Continued use of our services, website, software or mobile application after such updates, changes or modifications shall constitute your consent to these terms. If any update, change or modification to these terms is not acceptable to you, please cease your use to our services, website, software and mobile application.

 

Eligibility

ChatLocal’s services, website, software and mobile application are intended solely for persons who are 13 or older. Any access to or use of our services by anyone under 13 is expressly prohibited. By accessing or using our services you represent and warrant that you are 13 or older.

 

Account registration

In order to gain access to our services, you must register to create an account via Facebook. By completing the registration process to create an account, you represent and warrant that you are 13 or older. Your personal information will be uploaded from your Facebook account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. ChatLocal reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You agree to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You must immediately notify ChatLocal of any unauthorized use of your account.

 

Payment of Services

ChatLocal provides to all users means of acquiring credits and make deposits to be further converted into credits, basically via credit cards or other payment instrument, or via in-app purchase. These credits may be used to gain access to our services.

When using ChatLocal, certain services that are not used for a set period of time may expire. With the expiration of these services, you lose the credits used to gain access to cited services and ChatLocal will not reimburse those credits.

ChatLocal reserves the right to change its schedule of prices at any time, without previous notice, which take effect immediately. Your continued use or our services after the price change constitutes you agreement to pay the changed amount.

 

Privacy

ChatLocal respects your privacy. By using our services, website, software and mobile application you indicate that you have carefully read our Privacy Policy (www.chatlocalapp.com/tos), and that you agree to abide by them. If you do not comply with any of the provisions of our Privacy Policy, we reserve the right to suspend, ban, terminate or permanently disable your access to our services. If you do not agree with our Privacy Policy, please refrain from using our services, website, software and mobile application.

 

User Content

All your content must comply with all applicable law, including civil, criminal and intellectual property laws. ChatLocal must not be responsible to safely keep your content in files and back-ups or to provide means for downloading your content and must not be responsible for any involuntary or unwilled losses of content.

ChatLocal claims no intellectual property rights over your content. If you or anyone else makes any of your content public, you agree to allow others to view and share your content. In addition, you hereby grant to ChatLocal a worldwide, non-exclusive, sub-licenseable, royalty-free right and license to fully exercise and exploit your content (in whole or in part) in connection with our provision of our services.

ChatLocal reserves the right (but not the obligation) in its sole discretion to refuse or remove any content, or to terminate or suspend any account that we determine in our sole discretion contains illegal, obscene, objectionable material or violates any party's intellectual property or these terms.

 

General Prohibitions

You agree not to do any of the following:

Post, upload, publish, broadcast, stream, display, submit or transmit any text, words, statements, conversations, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, sexually explicit, nude, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

Bully, abuse, harass, stalk, demean, threaten or discriminate against others;

Discuss illegal activity, such as how to obtain or consume illegal drugs and how to make bombs;

Ask for or offer sexually explicit images, and/or material harmful to children;

Use, display, mirror or frame our website, or any individual element within our website, ChatLocal’s name, any ChatLoca trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ChatLocal’s express written consent;

Attempt to probe, scan, or test the vulnerability of any ChatLocal system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ChatLocal or any of ChatLocal’s providers or any other third party (including another user);

Attempt to access, download or search our services, website, software or mobile application through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ChatLocal or other generally available third party web browsers;

Send or broadcast any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

Use any meta tags or other hidden text or metadata utilizing a ChatLocal trademark, logo URL or product name without ChatLocal’s express written consent;

Use our services, website, software or mobile application for any commercial purpose or the benefit of any third party or in any manner not permitted by these terms;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use our services, website, software or mobile application to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of our softwares;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing our services, website, software or mobile application;

Collect or store any personally identifiable information from our services, website, software of mobile application from other users of our services without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation; or

Encourage or enable any other individual to do any of the foregoing.

ChatLocal has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. ChatLocal may involve and cooperate with law enforcement authorities in prosecuting users who violate these terms. You acknowledge that ChatLocal has no obligation to monitor your access to or use of our services, website, software or mobile application to review or edit any user content, but has the right to do so for the purpose of operating our services, to ensure your compliance with these terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. ChatLocal reserves the right, at any time and without prior notice, to remove or disable access to any content at its sole discretion, considers to be in violation of these terms or otherwise harmful to our ChatLocal’s services, website, software or mobile application.

 

Copyright and IP Rights

ChatLocal respects copyright law and expects its users to do the same. ChatLocal has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Our services and all content available on our services are protected by intellectual property laws. Other than your content, you have no rights in or to any such content, and you will not use, copy or display such content except as permitted under these terms. ChatLocal services are protected by intellectual property laws, and except for the limited right to access and use our services as permitted through your account, no license or other right under any intellectual property rights of ChatLocal or any of its affiliates is granted to you. Without limiting the foregoing, you may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of our services without expressed written permission from ChatLocal.

 

Termination and Account Cancelation

You can cancel your account and registration to our services at any time. You are solely responsible for properly cancelling your account.

Your cancelation you take effect immediately. By cancelling your account, you lose your credits or deposits made within our services. When cancelling you account, ChatLocal will not reimburse any non used credits or deposits.

ChatLocal, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of our services for any reason at any time. Such termination of our services will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. ChatLocal reserves the right to refuse service to anyone for any reason at any time.

 

Disclaimers

EXCEPT AS EXPRESSLY WARRANTED IN THESE TERMS, ALL SERVICES ARE PROVIDED “AS IS” AND CHATLOCAL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

EXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE TERMS, IN NO EVENT SHALL CHATLOCAL OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. THIS DISCLAIMER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

CHATLOCAL MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (IV) THAT THE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES, WEBSITE, SOFTWARE OR MOBILE APPLICATION ARE ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHATLOCAL OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OUR SERVICES, WEBSITE, SOFTWARE OR MOBILE APPLICATION AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR SERVICES, WEBSITE, SOFTWARE OR MOBILE APPLICATION. YOU UNDERSTAND THAT CHATLOCAL DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF OUR SERVICES, NOR DOES CHATLOCAL MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OUR SERVICES. CHATLOCAL RECOMMENDS THAT YOU DO NOT DISCLOSE PERSONAL CONTACT INFORMATION TO OTHER USERS OR MEMBERS. CHATLOCAL DOES NOT RECOMMEND OR ENCOURAGE MEMBERS TO USE OUR SERVICES TO SOLICIT OTHER MEMBERS TO MEET WITH THEM IN PERSON. CHATLOCAL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF OUR SERVICES, WEBSITE, SOFTWARE OR MOBILE APPLICATION OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF OUR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT WHEN USING OUR SERVICES, YOU WILL BE EXPOSED TO CONTENT FROM A VARIETY OF SOURCES, AND THAT CHATLOCAL IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, OR SAFETY OF OR RELATING TO SUCH CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT, WHILE THE SERVICES AND WEBSITE ARE NOT PROVIDED FOR PORNOGRAPHIC PURPOSES OR FOR MAKING SEXUALLY EXPLICIT CONTENT AVAILABLE, YOU MAY BE EXPOSED TO CONTENT THAT YOU DEEM TO BE OFFENSIVE, INDECENT, OBJECTIONABLE, OR SEXUALLY EXPLICIT, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST CHATLOCAL WITH RESPECT THERETO.

 

Indemnization

You agree to defend, indemnify, and hold harmless ChatLocal and its affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these terms, any of your content that is uploaded, posted or otherwise transmitted to or through our services, website, software or mobile application, or your other access, contribution to, use or misuse of our services or violation of these terms. ChatLocal shall provide notice to you of any such claim, suit or demand. ChatLocal reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting ChatLocal’s defense of such matter.

 

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF OUR SERVICES, WEBSITE, SOFTWARE OR MOBILE APPLICATION, AND CONTENT, INCLUDING USER CONTENT MADE AVAILABLE BY OTHER MEMBERS, REMAINS WITH YOU. NEITHER CHATLOCAL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHATLOCAL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

Proprietary Rights Notice

All trademarks, service marks, logos, trade names and any other proprietary designations of ChatLocal used herein are trademarks or registered trademarks of ChatLocal. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

 

Governing Law

This Terms of Service shall be governed by the laws of the State of California without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts located in San Francisco, California, for the purpose of resolving any dispute relating to your access to or use of our services, website software and mobile application.

 

General

The failure of ChatLocal to exercise or enforce any right or provision of this Terms of Services shall not constitute a waiver of such right or provision. These terms constitute the entire agreement between you and ChatLocal and govern your use of our services, website, software and mobile application, superseding any prior agreements between you and ChatLocal (including, but not limited to, any prior versions of this Terms of Service). Except as expressly set forth in these terms, the exercise by either party of any of its remedies will be without prejudice to other remedies under these terms.

 

Contact

ChatLocal appreciates your feedback. You may give ChatLocal suggestions or feedback about our services, website, software and mobile application. If you do so, you hereby grant to ChatLocal a worldwide, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, paid-up, irrevocable right (including moral rights) and license to fully exercise and exploit such suggestions or feedback (and all related rights) for any purpose. You may reach us at contact@chatlocalapp.com.