User Agreement
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Introduction
- Welcome to Chat Alternative. This User Agreement governs your access to and use of the Chat Alternative video chat service, which consists of the chatalternative.com website and the Chat Alternative mobile application (collectively, the "Platform"). Please read this document carefully before you access or use the Platform.
- This document is titled the "User Agreement". Throughout this document and on the Platform it may also be referred to as the "Agreement", the "Terms of Service", or the "Terms". These names all refer to this same document and have the same meaning.
- The User Agreement is a legally binding agreement between you and the Company. By creating an Account, accessing, or using the Platform in any way, you confirm that you have read, understood, and agree to be bound by this Agreement, our Privacy Policy, and our Rules. If you do not agree with any part of these documents, you must not access or use the Platform.
- The Rules are incorporated into this Agreement by reference and form part of it. The Privacy Policy is a separate document that explains what Personal Data we process and how we do so; it is referenced in this Agreement but governs the processing of Personal Data on its own terms. In the event of any conflict between this Agreement and the Rules, this Agreement prevails.
- Capitalized terms used in this Agreement have the meanings given to them in the "Definitions" section below.
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Definitions
- "Account" means the personal user account that a User must create in order to access and use the Platform, which is created by signing in through a Login Provider or through any other registration method that we make available.
- "Advertising Partners" means third-party advertising networks, advertisers, and advertising measurement providers that deliver or measure advertisements on the Platform.
- "Age Assurance" means the combination of technical, automated, and manual measures that we use to establish and continuously confirm that Users have reached the Minimum Age, including age-gating at registration, age signals from operating systems and Login Providers, declared-age screens, AI-based age estimation, third-party age verification, and ongoing moderation. The Personal Data processed for these measures is described in the Privacy Policy.
- "Agreement", "User Agreement", "Terms of Service", and "Terms" mean this document, including the Rules incorporated into it by reference, as amended from time to time.
- "Application" means the Chat Alternative mobile application for Android that we distribute through Google Play or other channels we authorize.
- "Company", "we", "us", and "our" mean the legal entity that owns and operates the Platform under the Chat Alternative brand.
- "Content" means any text, graphics, images, photographs, audio, video, software, user interface elements, designs, trademarks, logos, and other materials that are made available on or through the Platform, whether by us or by Users.
- "CSAE" means Child Sexual Abuse and Exploitation, and "CSAM" means Child Sexual Abuse Material. These terms describe sexual content, conduct, or communication that involves, depicts, or targets any person under 18 years of age.
- "Login Provider" means a third-party identity service through which a User may create and sign in to an Account, such as Facebook, Google, or VK.
- "Malicious User Activity" means any of the activities described in the "Malicious User Activity" section of this Agreement, and any other unauthorized, harmful, or abusive action directed at the Platform, its infrastructure, its Users, or the Company.
- "Minimum Age" means eighteen (18) years of age or, if the laws of the country, state, province, or other jurisdiction in which a User resides set the age of majority higher than 18 years, that higher age of majority.
- "Moderators" means the members of our staff and our authorized contractors who review Content, reports, and User behavior on the Platform and apply enforcement measures.
- "Paid Services" means any paid products, digital goods, features, or subscriptions that we may offer on or through the Platform.
- "Personal Data" has the meaning given to it in the Privacy Policy.
- "Platform" means, collectively, the Website and the Application, together with all related features, tools, and services that we provide.
- "Privacy Policy" means our privacy policy published at chatalternative.com/privacy, as amended from time to time.
- "Rules" means the rules of conduct on the Platform published at chatalternative.com/rules, as amended from time to time.
- "Third-Party Services" means websites, applications, services, and resources that are operated by parties other than us, including Login Providers, app marketplaces, payment processors, age verification providers, analytics providers, Advertising Partners, and websites linked from the Platform.
- "Underage Person" means any individual who has not reached the Minimum Age.
- "User", "you", and "your" mean any individual who accesses or uses the Platform, whether or not that individual has created an Account.
- "User Content" means all Content that a User transmits, displays, shares, uploads, or otherwise makes available on or through the Platform, including live video and audio streams and chat messages.
- "Website" means the website available at chatalternative.com, including its mobile version at m.chatalternative.com and all of its subdomains and pages.
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Eligibility and Age Requirements
- To access or use the Platform, you must have reached the Minimum Age. This means that you must be at least 18 (eighteen) years of age or, if the laws of your country, state, province, or other jurisdiction of residence set the age of majority higher than 18 years, you must have reached that higher age of majority.
- Underage Persons are not permitted to access or use the Platform under any circumstances. This prohibition applies regardless of any consent, permission, or supervision given by a parent or legal guardian, and regardless of the purpose of the intended use.
- The Platform is intended exclusively for adults. It is not designed for, directed at, or intended for use by Underage Persons. The Application is published on Google Play with an age rating of 18+ and is declared under Google Play's target audience and content settings as an application that is not designed for children (this is the designation used by Google Play itself). These designations allow parents and legal guardians who use parental control tools to correctly block the Application on the devices they manage.
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By accessing or using the Platform, you represent and warrant that:
- You have reached the Minimum Age.
- You have the legal capacity to enter into a binding contract with us and are not prohibited from doing so under the laws of any jurisdiction that applies to you.
- Your access to the Platform has not previously been suspended or terminated by us, and you are not attempting to evade any restriction that we have applied.
- Your use of the Platform is lawful in the jurisdiction from which you access it, and you are not located in, or a resident of, a country or territory in which use of the Platform is prohibited.
- All information that you provide to us, including any information about your age, is true, accurate, and complete.
- You acknowledge that we apply Age Assurance on the Platform. We may request that you confirm your age, complete an age estimation step, or complete verification with a third-party age verification provider at registration and at any later time, including during an active session. Completing the requested step is a condition of accessing or continuing to use the Platform. If you decline or fail to complete a requested step, we may deny, restrict, suspend, or terminate your access.
- If Age Assurance indicates, or we otherwise reasonably believe, that you are an Underage Person, we may deny, restrict, suspend, or terminate your access to the Platform and delete your Account without notice and without any liability to you. We may condition the restoration of access on successful completion of verification with a third-party age verification provider.
- You must not misrepresent your age or otherwise attempt to circumvent, defeat, or interfere with any Age Assurance measure.
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Notice for Parents and Legal Guardians
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Although we prohibit Underage Persons from using the Platform and apply Age Assurance to enforce that prohibition, we encourage parents and legal guardians to supervise the online activity of Underage Persons in their care and to use the parental control tools built into the devices and app marketplaces that those persons use. Because the Application carries an 18+ age rating on Google Play, these tools can block it automatically when configured for a person under 18. The following official guides explain how to set up such tools:
- Windows: Set up parental controls with Microsoft Family Safety.
- macOS: Apple family features, Screen Time, and content restrictions.
- Android: Get started with Google Family Link.
- Google Play: Set up content restrictions on Google Play, which allows blocking applications by age rating.
- If you believe that an Underage Person in your care has created an Account or accessed the Platform, please contact us as described in the "Contact" section of this Agreement so that we can terminate the Account and handle the associated Personal Data as described in the Privacy Policy.
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Account
- An Account is required to access and use the Platform. You cannot participate in video chats or use other core features of the Platform without an Account. An Account is created by signing in through a Login Provider that we support, or through any other registration method that we may make available. Your use of a Login Provider is subject to that Login Provider's own terms and policies.
- By creating an Account, you authorize us to receive from the Login Provider the information described in the Privacy Policy, including information about your age, and to use that information for the purposes described there, including Age Assurance.
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In relation to your Account, you agree that:
- You may maintain only one Account. You must not create or use multiple Accounts, and you must not create an Account for any other person.
- Your Account is personal to you and may be used only by you. You must not share your Account or its access credentials with anyone else, and you must not allow any other person to access or use your Account or to use your device to access the Platform while you are signed in.
- You must not access or use an Account that belongs to another person, whether or not that person has permitted you to do so.
- You must not transfer, lend, or hand over your Account, your access credentials, or a device on which you are signed in to the Platform to any Underage Person, and you must not create an Account for an Underage Person or otherwise help an Underage Person gain access to the Platform. Doing so is a serious violation of this Agreement and will result in the termination of your Account.
- The information associated with your Account must be true, accurate, and current, and you must keep it updated.
- You are responsible for maintaining the security of your Account and of the Login Provider account that you use to sign in, and you must notify us immediately if you become aware of any unauthorized use.
- You are responsible for all activity that occurs under your Account and for all use of the Platform from your device, whether or not you authorized it. If any other person uses your Account or your device to access the Platform, any violation of this Agreement or the Rules committed by that person is treated as your own violation, and we may apply enforcement measures to your Account, including restriction or termination, as if you had committed the violation yourself.
- You must not create a new Account or use another Account after your access has been restricted or terminated, unless we have expressly permitted you to do so.
- We may refuse to create an Account, or may suspend or delete an existing Account, at our sole discretion and without liability to you, including where we believe that an Account has been created in violation of this Agreement.
- You may delete your Account at any time through the settings of the Application or through the account deletion form at chatalternative.com/account-deletion. The handling of your Personal Data following Account deletion is described in the Privacy Policy.
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License and Access to the Platform
- Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform for your personal, non-commercial use. Any attempt to transfer or assign the rights granted to you under this Agreement is void.
- All rights not expressly granted to you in this Agreement are reserved by us. Except for User Content, the Platform and all Content on it, including software, source code, graphics, user interface design, text, logos, and trademarks, are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws. You must not copy, modify, distribute, sell, lease, or create derivative works from any part of the Platform except as expressly permitted by this Agreement.
- This Agreement does not create any agency, partnership, joint venture, employment, or franchise relationship between you and us. You and the Company are independent parties whose relationship is governed solely by this Agreement.
- The Application is distributed through Google Play. Your download and use of the Application are also subject to the terms of Google Play. Google is not a party to this Agreement and has no obligation to provide support or maintenance for the Application.
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We may modify, suspend, or discontinue the Platform, in whole or in part, temporarily or permanently, at any time and without liability to you. Reasons for doing so include, without limitation:
- Server failures, hardware or software malfunctions, cyberattacks, or other technical circumstances.
- Updates, upgrades, or changes to our hardware, software, or infrastructure.
- Concerns relating to privacy, safety, Content, legal compliance, or requests from competent authorities.
- Our determination that the Platform, or any part of it, is no longer commercially viable.
- Changes to the features or services that we offer.
- The Platform depends on the Internet, on third-party infrastructure, and on your own devices and connections, all of which are subject to failures, interruptions, viruses, attacks, and other events beyond our control. We do not guarantee that the Platform will be available at any particular time or that it will operate without interruption or error, although we make reasonable efforts to restore the Platform after a disruption.
- You are solely responsible for the devices, software, Internet access, and mobile data that you use to access the Platform, and for any costs associated with them. We recommend that you check the cost of your Internet or mobile data connection before using the Platform.
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Moderation, Safety, and Real-Person Requirement
- The Platform is designed for live communication between real people. During a video chat, your real, uncovered face must remain clearly visible in the camera frame at all times. You must not hide your face behind masks, coverings, or other objects, obscure it with virtual avatars or filters, or point the camera away from your face.
- If our systems detect that your face is hidden or not visible, they may prevent you from continuing the conversation until your face is visible again. This requirement keeps interactions transparent for all Users and assists us in reviewing whether Users appear to meet the Minimum Age as part of Age Assurance.
- The Platform is moderated by human Moderators 24 hours a day, 7 days a week, supported by automated tools. Moderators review reports submitted by Users, still images captured from video streams, and chat messages that are flagged by automated systems or by other Users, and apply enforcement measures in accordance with this Agreement and the Rules.
- You acknowledge and agree that we have the right, but not the obligation, to monitor, review, record still images of, and investigate any activity and User Content on the Platform, including for the purposes of safety, Age Assurance, enforcement of this Agreement and the Rules, and compliance with applicable law. The Personal Data processed for these purposes is described in the Privacy Policy.
- Our systems may automatically restrict the access of a User who receives multiple reports from other Users within a short period of time. Such automatic restrictions may be reviewed by Moderators.
- We do not pre-screen live video and audio streams and are not obligated to review any User Content before it is transmitted. We do not endorse any User Content and are not responsible for the accuracy, legality, or appropriateness of User Content or for the conduct of any User.
- You interact with other Users at your own risk. We do not verify the identity or intentions of Users beyond the Age Assurance described in this Agreement and the Privacy Policy. Exercise caution, do not share sensitive personal information with other Users, and use the reporting tools whenever you encounter behavior that violates this Agreement or the Rules.
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User Content
- The Platform allows Users to share User Content, including live video, audio, and chat messages, with other Users. By making User Content available on or through the Platform, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, reproduce, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, and otherwise exploit that User Content on, through, or by means of the Platform and on third-party websites and services, including for commercial purposes, for the purpose of operating, promoting, protecting, and improving the Platform.
- We do not claim ownership of your User Content. Copyright and other rights in User Content remain with the User who created or provided it, and nothing in this Agreement limits your right to use your own User Content outside the Platform.
- You are solely responsible for all User Content that you make available. You represent and warrant that you own all User Content that you provide, or that you have obtained all rights, licenses, consents, permissions, and releases necessary to provide it and to grant us the license set out above, including the consent of any other person who appears in your User Content.
- You further represent and warrant that your User Content, your transmission of it, and our use of it in accordance with this Agreement do not and will not infringe, misappropriate, or violate any third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, rights of publicity or privacy, or any applicable law or regulation.
- We may remove, refuse to display, or restrict access to any User Content at any time and for any reason, including where we believe that it violates this Agreement, the Rules, or applicable law, without prior notice and without liability to you.
- We do not store recordings of live video and audio streams. However, still images may be captured from video streams, and chat messages may be retained, for the moderation, Age Assurance, and enforcement purposes described in this Agreement and the Privacy Policy.
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In addition to the Rules, you agree that you will not make available any User Content, or engage in any conduct on the Platform, that falls into any of the following categories. The list below is illustrative and is not exhaustive; we may treat any other Content or conduct that we consider harmful, unlawful, or inappropriate as a violation of this Agreement.
- Nudity, appearing in underwear only, exposure of genitals or other intimate body parts, touching of intimate body parts (including through clothing), sexual acts, sexually explicit or sexually suggestive material, gestures, emojis, or language, requests that another User undress or perform sexual acts, or the offering, advertising, or solicitation of sexual services of any kind, whether paid or unpaid.
- Allowing or causing any Underage Person to appear on camera, take part in a session, or otherwise be present during your use of the Platform, even if you yourself have reached the Minimum Age. Content and conduct of a sexual nature involving persons under 18 years of age are governed by the "Zero Tolerance for CSAE and CSAM" section of this Agreement.
- Harassment, bullying, intimidation, stalking, threats of violence or harm, unwanted sexual attention, or any conduct intended to humiliate, degrade, or distress another person.
- Content or conduct that attacks, demeans, or promotes hatred, discrimination, or violence against any person or group on the basis of race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, age, or any other protected characteristic.
- Depictions or threats of violence, gore, cruelty to animals, or content that promotes, glorifies, or provides instructions for self-harm, suicide, eating disorders, or dangerous activities.
- Content that promotes, supports, or glorifies terrorism, violent extremism, or organizations engaged in such activities.
- Displaying, using, promoting, offering, or soliciting illegal drugs or drug paraphernalia, weapons, counterfeit goods, stolen property, or any other illegal goods or services, or promoting or facilitating any criminal activity.
- Scams, phishing, fraudulent schemes, requests for money or financial assistance, pyramid or "get rich quick" schemes, promotion of gambling, or any other attempt to deceive Users or obtain money or property from them.
- Impersonating any person or entity, using a false identity, misrepresenting your age, gender, or affiliation with any person or organization, or claiming to represent the Company or its Moderators.
- Displaying or sending advertisements or promotional material, sending links of any kind in chat messages, promoting products, services, websites, accounts, or channels, requesting that Users like, follow, subscribe, vote, or visit an external resource, sending bulk or repetitive messages, or using the Platform for any commercial purpose or for the benefit of any third party.
- Recording, screenshotting, capturing, or distributing the video, audio, image, messages, or personal information of another User without that User's express consent, or collecting, publishing, or threatening to publish any person's personal information (including names, addresses, phone numbers, or social media accounts) without that person's consent.
- Transmitting pre-recorded video, images, photographs, illustrations, drawings, text signs, or the screens of other devices instead of a live image of yourself, or using webcam emulators, virtual cameras, or other means to alter, distort, or replace your live video stream.
- Content that infringes any copyright, trademark, trade secret, or other proprietary right of any person.
- Content that contains or links to viruses, malware, spyware, or any other harmful or malicious code, or links to websites that host such code.
- Any other Content or conduct that violates applicable law or regulation, that encourages others to violate applicable law, or that could give rise to civil or criminal liability.
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Zero Tolerance for CSAE and CSAM
- We maintain a zero-tolerance policy toward CSAE and CSAM. Any sexual content, conduct, or communication that involves, depicts, simulates, or targets any person under 18 years of age is strictly prohibited on the Platform.
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Without limiting the general prohibition above, you must not create, upload, transmit, share, request, or otherwise distribute, and must not engage in:
- Nudity, sexually suggestive activity, or sexual acts involving any person under 18 years of age, whether real, simulated, drawn, or computer-generated.
- Content or communication that sexualizes, objectifies, or exploits any person under 18 years of age.
- Behavior, communication, or language that suggests or constitutes grooming, sexual solicitation, extortion, exploitation, or harassment of any person under 18 years of age, or that attempts to arrange contact with such a person for a sexual purpose.
- Advertising, requesting, linking to, or facilitating access to any of the above.
- Users who violate this section will be permanently banned from the Platform without notice. We reserve the right to preserve related Content and Account information, to report confirmed CSAM and other CSAE-related violations to the National Center for Missing and Exploited Children (NCMEC) and to law enforcement authorities in the United States and other relevant jurisdictions, and to cooperate fully with any resulting investigation, in each case as permitted or required by applicable law.
- If you encounter suspected CSAE or CSAM on the Platform, or any Content involving an Underage Person, you must report it immediately through the reporting tools available on the Platform or by contacting us as described in the "Reporting Abuse and Complaints" section.
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Malicious User Activity
You agree that you will not engage in, attempt, or encourage or enable any other person to engage in, any Malicious User Activity, including the following:
- Probing, scanning, or testing the vulnerability of any of our systems or networks, or breaching or circumventing any security or authentication measure.
- Avoiding, bypassing, removing, deactivating, impairing, or otherwise circumventing any technological measure implemented by us, our providers, or any third party (including other Users) to protect the Platform, its Content, or its Users, including any Age Assurance measure, moderation system, ban, or access restriction, whether by using VPNs, proxies, device or identity spoofing, new Accounts, or any other means.
- Accessing, searching, or downloading Content from the Platform through any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, scrapers, bots, scripts, or data mining tools) other than software generally available in third-party web browsers, or using the Platform to collect data about Users.
- Using or distributing third-party programs, browser extensions, plugins, modifications, or scripts that interact with, alter, or automate the Platform, or using any software that may harm other Users, their devices, or their data.
- Forging any TCP/IP packet header or any part of the header information in any HTTP request, or using the Platform to send altered, deceptive, or false source-identifying information.
- Deciphering, decompiling, disassembling, or reverse engineering any software used to provide the Platform, or attempting to derive its source code.
- Interfering with, or attempting to interfere with, the access of any User, host, or network, including by sending viruses, overloading, flooding, spamming, or mail-bombing the Platform, or exploiting any bug or vulnerability in the Platform.
- Submitting knowingly false, malicious, or repetitive reports about other Users, or coordinating with others to do so.
- Buying, selling, renting, or otherwise trading Accounts, access to Accounts, or Paid Services.
- Generating artificial impressions of or clicks on advertisements, using automated means to interact with advertisements, or tampering with the delivery or measurement of advertisements on the Platform.
- Using the Platform, its Content, or any information obtained from it to develop, train, or operate a competing product or service, or copying or emulating the Platform or any of its features.
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Paid Products and Services
- We may offer Paid Services on or through the Platform, including digital goods, premium features, and subscriptions. The availability, features, and prices of Paid Services may vary by region and platform and may change over time. Any change in price will apply only to purchases or renewals made after the change takes effect.
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When you purchase Paid Services, you represent and warrant that:
- You have read the description of the Paid Service and understand its nature and functionality.
- Any payment information that you provide is accurate and complete, and you are authorized to use the payment method that you provide.
- The charges associated with your purchase will be honored by your bank, card issuer, or payment provider.
- You will pay the charges that you incur at the posted prices, together with any applicable taxes, duties, or fees.
- If your payment is declined, reversed, or otherwise dishonored, you remain responsible for the charges incurred, including any surcharges that we incur as a result.
- Purchases made through the Application are processed by Google Play or another app marketplace, and purchases made through the Website are processed by third-party payment processors. Those purchases are subject to the terms, payment procedures, and refund policies of the applicable marketplace or payment processor, and we do not receive or store your full payment card details.
- Subscriptions renew automatically at the end of each subscription period at the then-current price unless you cancel before the renewal date. You may manage or cancel a subscription through the subscription settings of the marketplace or payment processor through which you purchased it. Cancellation takes effect at the end of the current subscription period, and no partial refunds are provided for the remainder of that period.
- Except where required by applicable law or by the refund policy of the applicable marketplace or payment processor, all purchases are final and non-refundable. Paid Services are non-transferable, are intended for the exclusive use of the purchaser, and have no monetary value outside the Platform. Digital goods and premium features are licensed to you, not sold, and may not be exchanged for money.
- If your access to the Platform is restricted or terminated as a result of your violation of this Agreement or the Rules, you will forfeit any Paid Services associated with your Account without refund, to the extent permitted by applicable law.
- If you are unsure about the nature of a Paid Service, do not proceed with the purchase; contact us first as described in the "Contact" section of this Agreement.
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Advertising
- We may display advertisements on the Website and in the Application, including advertisements delivered by Advertising Partners. Advertising helps us to offer the core features of the Platform free of charge. The presence, format, placement, and volume of advertisements may change at any time without notice.
- Advertisements may be selected by us or by Advertising Partners and may be contextual or, where permitted by applicable law and by the choices that you have made, based on information about you. The Personal Data processed in connection with advertising, and the choices available to you, are described in the Privacy Policy.
- Advertisements are provided by third parties. We do not endorse, guarantee, or assume responsibility for any advertised product, service, or content, or for the accuracy or legality of any advertisement. Any dealings between you and an advertiser, including any purchase, are solely between you and that advertiser, and the "Third-Party Services and External Links" section of this Agreement applies to any website, application, or resource that you reach through an advertisement.
- We may offer Paid Services that remove or reduce advertising. Unless the description of a Paid Service expressly states otherwise, the purchase of a Paid Service does not guarantee the absence of advertising on the Platform.
- The prohibition on advertising by Users set out in the "User Content" section of this Agreement applies to Users only and does not limit our right to display advertisements on the Platform.
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Third-Party Services and External Links
- The Platform relies on and may contain links to Third-Party Services. We include links to Third-Party Services to enhance your experience, and we make reasonable efforts to link only to reputable resources.
- Third-Party Services are operated by parties that we do not control. Your use of a Third-Party Service is governed exclusively by that service's own terms, policies, and practices, which may differ from ours, and you should review them before using the Third-Party Service.
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We are not responsible or liable for:
- The availability, accuracy, or reliability of any Third-Party Service.
- The content, products, or services provided or made available through any Third-Party Service.
- The privacy practices or security of any Third-Party Service, or any Personal Data that you provide to it.
- Any action that you take, transaction that you enter into, or loss that you suffer in connection with a Third-Party Service.
- You access and use Third-Party Services at your own risk, and you accept full responsibility for the associated risks.
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Linking and Embedding
- You may place a link to the Website on a third-party website, provided that the link does not misrepresent your relationship with us, does not imply our endorsement, sponsorship, or approval without our prior written permission, and does not violate applicable law or this Agreement.
- Embedding, framing, mirroring, or otherwise incorporating any part of the Platform, including its video chat functionality, into any other website, application, or service is strictly prohibited without our express prior written consent. Unauthorized embedding or framing may result in legal action.
- We may, at any time and at our sole discretion, request that you remove any link to or embedded element of the Platform that we consider inappropriate, misleading, or in violation of this Agreement, and you agree to comply with such a request promptly.
- You must not use any linking or embedding mechanism in a way that interferes with the operation, design, or security of the Platform, harms Users, damages our reputation, or infringes our intellectual property rights.
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Intellectual Property and Copyright Complaints
- We respect the intellectual property rights of others and expect Users to do the same. We respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA) and other applicable laws.
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If you believe that Content on the Platform infringes a copyright that you own or control, please send a notice to the contact address given in the "Contact" section of this Agreement containing the following:
- A description of the copyrighted work that you claim has been infringed.
- A description of the material that you claim is infringing and information reasonably sufficient to allow us to locate it on the Platform.
- Your name, address, telephone number, and e-mail address.
- A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner's behalf.
- Your physical or electronic signature.
- We may remove or disable access to the material identified in a compliant notice and may notify the User who provided it. Users who believe that material was removed by mistake or misidentification may submit a counter-notice containing the information required by applicable law.
- We may terminate the Accounts of Users who are determined to be repeat infringers. Knowingly submitting a materially false notice or counter-notice may result in liability under applicable law.
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Restriction and Termination of Access
- We may restrict, suspend, or terminate your access to the Platform, or to any part of it, and may delete your Account, at any time and at our sole discretion, with or without notice and without liability to you, including where you violate this Agreement or the Rules, where we are required to do so by law or by a competent authority, on the age-related grounds set out in the "Eligibility and Age Requirements" section of this Agreement, or where your conduct creates a risk to the Platform, its Users, or the Company.
- We may enforce restrictions through any software, technical, legal, or other means available to us, including blocking Accounts, Login Provider identities, IP addresses, device identifiers, and other identifiers associated with you, and we may apply such restrictions across both the Website and the Application.
- Restrictions may be temporary or permanent. The duration of a temporary restriction is determined at our sole discretion, may depend on the nature and frequency of the violation, and may be changed at any time. We may condition the lifting of a restriction on steps that we consider appropriate, including the age verification described in the "Eligibility and Age Requirements" section of this Agreement. We are not liable to you or to any other person for the imposition, duration, or modification of any restriction.
- While we make reasonable efforts to notify Users of restrictions, we are not obligated to do so, and we are not obligated to disclose the reasons for a restriction or the evidence on which it is based.
- You may stop using the Platform at any time and may delete your Account as described in the "Account" section of this Agreement.
- Upon termination of your access for any reason, the license granted to you under this Agreement ends immediately, you must cease all use of the Platform, and any Paid Services associated with your Account are forfeited as described in the "Paid Products and Services" section. We may retain Personal Data associated with terminated Accounts as described in the Privacy Policy, including for the purpose of enforcing restrictions.
- All provisions of this Agreement that by their nature should survive termination shall survive, including provisions relating to intellectual property, User Content licenses, disclaimers of warranties, limitation of liability, and indemnification.
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Reporting Abuse and Complaints
- We encourage Users to report promptly any abuse, violation of this Agreement or the Rules, suspected presence of an Underage Person, infringement of intellectual property rights, or other improper conduct that they encounter on the Platform. Reports help us keep the Platform safe for everyone.
- You may report through the report or complaint functions available on the Platform, which may allow you to attach a screenshot, or by contacting us at the e-mail address given in the "Contact" section of this Agreement. Reports about suspected Underage Persons or CSAE and CSAM should be made as soon as possible.
- We review reports and take the action that we consider appropriate, which may include warning, restricting, or terminating the reported User. We are not obligated to inform you of the outcome of a report or of the measures taken.
- Disputes between Users must be resolved in a fair and respectful manner. If another User violates this Agreement or the Rules, use the reporting tools rather than responding in kind. Users who attempt to resolve disputes by violating this Agreement, the Privacy Policy, or the Rules, or by unlawful means such as harassment or threats, may have their own access restricted or terminated.
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Disclaimer of Warranties
- THE PLATFORM, ITS CONTENT, AND ALL SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
- WE DO NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT OR INFORMATION OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE OR RELIABLE.
- WE MAKE NO WARRANTY REGARDING THE IDENTITY, AGE, CONDUCT, OR INTENTIONS OF ANY USER, OR REGARDING ANY USER CONTENT. ALTHOUGH WE APPLY AGE ASSURANCE AND MODERATION, WE DO NOT WARRANT THAT THESE MEASURES WILL DETECT OR PREVENT EVERY VIOLATION OF THIS AGREEMENT OR EVERY ATTEMPT BY AN UNDERAGE PERSON TO ACCESS THE PLATFORM.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT THAT SUCH LAWS APPLY TO YOU, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
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Limitation of Liability
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, MODERATORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, ANTICIPATED SAVINGS, GOODWILL, DATA, OR TIME, ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, THIS AGREEMENT, OR YOUR USE OF OR INABILITY TO USE THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- WITHOUT LIMITING THE FOREGOING, WE SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS ARISING FROM: THE CONDUCT OR USER CONTENT OF ANY USER OR THIRD PARTY, INCLUDING DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; THE RECORDING OR DISTRIBUTION OF YOUR IMAGE OR COMMUNICATIONS BY ANOTHER USER; SERVICE INTERRUPTIONS, ERRORS, VIRUSES, OR HARMFUL CODE; DAMAGE TO YOUR HARDWARE OR SOFTWARE; INTERNET OR CONNECTIVITY ISSUES; THEFT, PERSONAL INJURY, OR PROPERTY DAMAGE; LABOR DISPUTES; OR ANY EVENT BEYOND OUR REASONABLE CONTROL, INCLUDING FORCE MAJEURE.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT THAT YOU PAID TO US FOR PAID SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD 100).
- THE LIMITATIONS IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US, AND THE PLATFORM WOULD NOT BE PROVIDED TO YOU WITHOUT THEM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. TO THE EXTENT THAT SUCH LAWS APPLY TO YOU, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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Indemnification
- You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, contractors, Moderators, agents, licensors, and service providers from and against any and all claims, demands, actions, liabilities, damages, losses, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) brought by any third party or arising out of or relating to: your access to or use of the Platform; your User Content; your violation of this Agreement, the Rules, or applicable law; your violation of any right of any other person, including any other User; or any misrepresentation made by you, including any misrepresentation of your age.
- We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You must not settle any such claim without our prior written consent.
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Amendments
- We may modify this Agreement, the Privacy Policy, and the Rules at any time and at our sole discretion, including to reflect changes in the Platform, in our practices, or in applicable law.
- The current version of each document is published on the Website, and each version supersedes all previous versions. Amendments take effect from the moment the revised text is published on the corresponding page of the Website, unless a later effective date is stated in the revised text.
- We may, but are not obligated to, notify Users of amendments through the Platform or by other means. It is your responsibility to review the relevant pages of the Website periodically so that you remain informed of the terms that apply to you.
- If you do not agree with any amendment, you must stop using the Platform and delete your Account. Your continued use of the Platform after an amendment takes effect constitutes your acceptance of the amended terms.
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General Provisions
- This Agreement, together with the Privacy Policy and the Rules, constitutes the entire agreement between you and us regarding the Platform and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, regarding its subject matter.
- If any provision of this Agreement is held to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
- Our failure to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of the Company.
- You may not assign or transfer this Agreement, or any of your rights or obligations under it, without our prior written consent. We may assign or transfer this Agreement, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.
- We shall not be liable for any failure or delay in performing our obligations under this Agreement caused by events beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, governmental actions, failures of the Internet or of Third-Party Services, or power or telecommunications outages.
- You consent to receive communications from us electronically, including through the Platform, by e-mail, or by publication on the Website, and you agree that such communications satisfy any legal requirement that communications be in writing.
- This Agreement is written in English. Any translation is provided for convenience only, and in the event of any inconsistency, the English version prevails.
- You represent that you are not located in a country or territory that is subject to comprehensive United States sanctions and that you are not listed on any United States government list of prohibited or restricted parties. You agree to comply with all applicable export control and sanctions laws in connection with your use of the Platform.
- Section headings are for convenience only and do not affect the interpretation of this Agreement.
- Except as expressly provided in the "Indemnification" and "Limitation of Liability" sections, this Agreement does not confer any rights or remedies on any person other than you and us.
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Contact
- If you have questions about this Agreement, wish to report a violation, submit a copyright notice, or contact us for any other matter relating to the Platform, please e-mail us at [email protected].
- Questions relating to Personal Data and privacy should be directed to the contact address given in the Privacy Policy.