Terms and Condstions
END USER LICENSE AGREEMENT
This is an agreement between ChatUSA Inc. (“ChatUSA”), the owner and operator of www.ChatUSA.club (the “ChatUSA Site”), the ChatUSA software, including the ChatUSA application and the Site (the “ChatUSA Service” or the "Service"), and you, a user of the ChatUSA Service. Following are the set of terms and conditions applicable for the use of the website www.ChatUSA.club and the application, "ChatUSA". These terms shall be read along with the current Privacy Policy which is incorporated herein by reference. If you do not agree with any of these terms, you may not use the ChatUSA Service. If you continue to use the services you are deemed to have accepted these terms in full.
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Ability to Accept Terms of License
You affirm that you have the ability to enter into this License. You affirm that you are either more than 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this license, and to abide by and comply with this license. If you are under 13 years of age, you are not permitted to use the ChatUSA Service.
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Changes to this License
ChatUSA reserves the right to amend or modify the terms of this License at any time, and it is your responsibility to review this License for any changes. Your continued use of the ChatUSA Service following any amendment of this License will signify your assent to and acceptance of its revised terms.
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The Service
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3.1 You agree not to exploit the ChatUSA Service in any unauthorized way whatsoever, and your use of the Service is solely for personal use.
3.2 You choose to access the Service at your own initiative and are responsible for compliance with any applicable laws, including but not limited to local laws.
3.3 We reserve the right to change, suspend, remove, or disable access to our Service at any time without notice. In no event will we be liable for the removal of or disabling of access to our Service. We may also impose limits on the use of or access to our Service without notice or liability.
3.4 Any notice sent by e-mail or as ChatUSA message in absence of e-mail shall be considered as an effective delivery of the notice to the user.
3.5 ChatUSA may (a) require you to download and install updates; or (b) automatically download and install updates to your device.
3.6 ChatUSA does not consider ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Feedback") to be confidential information. If you send any Feedback to ChatUSA, you acknowledge that ChatUSA reserves the right to independently use, develop, evaluate, or market products, whether incorporating the Feedback or otherwise.
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User and Website Content
In these terms and conditions, "your user content" means material (including without limitation chat messages, posts and comments, text, images, audio material, video material and audio-visual material) that you submit to ChatUSA, for whatever purpose.
- 4.1 The ChatUSA Service may contain links to third party websites, including advertisements that are not owned or controlled by ChatUSA. ChatUSA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, ChatUSA will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that ChatUSA shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
- 4.2 You understand that when using the ChatUSA Service you will be exposed to content posted by other users, and that ChatUSA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content and that such content are not the responsibility of ChatUSA.
- 4.3 In the course of using the ChatUSA Service, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use our Service at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
- 4.4 You shall be solely responsible for the content you post and the consequences of posting them. Because ChatUSA is only acting as a repository of data, user submitted content do not necessarily represent the views or opinions of ChatUSA, and ChatUSA makes no guarantees as to the validity, accuracy or legal status of any user submitted content.
- 4.5 You grant to ChatUSA a worldwide, irrevocable, non-exclusive, sub-licensable, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media or search engines. You also grant ChatUSA the right to bring an action for infringement of these rights.
- 4.6 ChatUSA reserves the right to use any content posted by the User for promoting the service or as information for other users.
- 4.7 ChatUSA reserves the right to restrict access of the user to any part of the content either temporarily or permanently at its sole discretion.
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User Submissions
By voluntarily submitting information, communications, or content (including photos, videos, personal stories, anecdotes, and jokes) (each, a “Submitted Item”) to this Site and/or Community, you agree that such submissions are non-confidential for all purposes and you grant ChatUSA and its affiliates, partners an irrevocable, nonexclusive, perpetual, worldwide, royalty-free, fully sub-licensable, right and license to use, display, publicly perform, modify, reproduce, publish, distribute, adapt, make derivative works of, sublicense and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film or electronic storage devices), without compensation of any kind to you or any third party, and the right to include your name and city of residence in connection with any such use. Each Submitted Item is also subject to such other terms and conditions as any of the ChatUSA may specify for particular submissions. By submitting material to us, you represent and warrant that you have full authority to grant the rights set forth above and that your material will not, in whole or in part, infringe the intellectual property rights, rights of privacy or publicity, or any other rights of any third party. You further represent and warrant that you have attained the legal age of majority in your state/province (18 in most states/provinces). Parents or guardians must submit on behalf of any minor. The submission of any Submitted Item in no way creates any obligation or duty on the part of any of the ChatUSA to post or use such Submitted Item or, if we do so, to give you credit. We may contact you via phone, email or mail regarding your submission.
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Content Policies
By agreeing to our terms and conditions, you as a user of (ChatUSA) must adhere to the following content policies. We aim to maintain a healthy eco system for our users, publishers, marketers, advertisers & 3rd party partners. Our aim is to keep our website 100% safe for all type of audience including family and kids. Therefore we take strict action to remove any offensive, illegal, sexual or hatred content. Due to the nature of our website and the freedom of speech which it provides, all users must be aware of the following content policies. Failure to adhere to these policies will get your community account terminated and your IP banned from using random chat. We have automated moderation filters, real user moderators and other spam prevention tools to monitor content against our policies. Even anyone on our website who does not even have an account can flag a post for moderation or report any activity as spam. Please make yourself aware of the following policies while using our Website/Service:
- ChatUSA is an open platform for discussion across a wide range of topics from politics, food, and religion to health and beauty. This is not a dating website, so please avoid posting immature and dating only topics. Adult content is strictly prohibited.
- Use of adult words and hatred speech e.g "f-u-c-k, c-u-n-t, n-i-g-g-e-r" etc is not allowed, such usage will get your account terminated.
- Content which provides little or no value to others is not allowed, e.g. promoting spam links or affiliate links through our website.
- Sharing of your personal information is not allowed in public, this can include your phone number, email, snapchat, kik etc.
- Disrespecting and spreading haterdness or terrorism activities are not allowed.
- Buying/Selling of illegal content/drugs is not allowed
Failure to comply with these rules will get your account banned. If you find any topic/post suspicious, you can report it for moderation by ChatUSA@gmail.com
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User’s Obligations
- 5.1 You are responsible for all activities that occur under your User Account. You must notify ChatUSA immediately of any security breach or unauthorized use of your account. ChatUSA will not be liable for any losses you incur as a result of someone else using your account, whether with or without your knowledge. Additionally, you may be held liable for any losses incurred by us or another party due to unauthorized use of your account.
- 5.2 You are responsible for maintaining the confidentiality of your account details and must take reasonable steps to prevent your account information from being compromised.
- 5.3 You may link to materials on the Service for personal purposes only. ChatUSA reserves the right to discontinue any aspect of the Service at any time without notice.
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5.4 You shall not:
- 5.4.1 Post or expose any material that is harmful, offensive, obscene, adult content, promotes violence, impersonates others, or infringes on the intellectual property rights of any person or violates applicable laws.
- 5.4.2 Use the ChatUSA Service to harass, defame, intimidate, bully, or invade the privacy of any third party, including activities such as phishing, spamming, stalking, or any other harmful behavior.
- 5.4.3 Use the Service to post advertisements or solicitations of business.
- 5.4.4 Attempt to reverse-engineer or damage, modify, or delete any content on the ChatUSA Service, or engage in any activity that impairs the functionality of the Service.
- 5.4.5 Copy, distribute, or share any part of the Service in any medium without prior written consent from ChatUSA.
- 5.4.6 Resell or charge others for access to the Service, as the Service is intended for personal use only.
- 5.4.7 Use any content that is protected by third-party rights (including in your profile or name) without obtaining permission from the rights owner.
- 5.4.8 Collect or harvest any personally identifiable information, including account names, from the ChatUSA Service without authorization.
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Termination
The License is effective until terminated by you or us. You may terminate your relationship with ChatUSA at any time. ChatUSA has the right to terminate your rights under this License without notice if you fail to comply with any terms of this License. Upon termination of the License, you shall cease all use of the Service, and destroy all copies of the Service.
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6.1 ChatUSA reserves the right to temporarily disable or permanently terminate the account of any user at any time:
- 6.1.1 if you are in breach of the terms of this License;
- 6.1.2 if ChatUSA reasonably suspects that you are using the ChatUSA Service to break the law or infringe third party rights;
- 6.1.3 if ChatUSA reasonably suspects that you are trying to unfairly exploit or misuse any of our policies;
- 6.1.4 if required due to a change in laws/regulation by a regulator or authority with a lawful mandate in any particular territory, or by any of ChatUSA's partners;
- 6.2 The obligations under this agreement shall subsist as long as the application is being used by the user and shall cease only on the complete uninstallation of the application and deletion of the account.
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6.1 ChatUSA reserves the right to temporarily disable or permanently terminate the account of any user at any time:
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Warranty Disclaimer
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, ChatUSA, ITS OFFICERS AND EMPLOYEES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY.
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Limitation of Liability
IN NO EVENT SHALL ChatUSA, ITS OFFICERS, OR EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY,
- DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
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Intellectual Property Rights
The ChatUSA Service and all copies thereof are protected by copyright and other intellectual property laws and treaties. ChatUSA or its licensors own the title, copyright, and other intellectual property rights in the Service and all copies, modifications and derivative works thereof, and the underlying software (including any user Feedback) ("ChatUSA Technology"), and your use of our Service does not grant to you, nor do you acquire any ownership rights in the ChatUSA Technology.
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Indemnity
The user will indemnify ChatUSA and any of its officers against any losses, damages, costs, liabilities, and expenses (including attorneys' fees and costs) as a result of or in connection with any claim or dispute arising from or relating to any breach by you of this license.