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Chatfunn.com is web-based service (referred to herein as the "Site" or the "Service") offered by (referred to herein as "Company," "We" or "Us"). By accessing the Site or using the Service, you must agree, and do agree, to abide by each and every term and condition stated below, and as may be revised from time to time in the sole discretion of the Company as provided herein. By accessing the Site or using the Service, you declare and affirm that you have read, understand, and agree with all of the terms and conditions contained in this Terms of Service & User Agreement (referred to herein as the "TOS" or "Agreement")
1. CONDITIONS FOR ACCESSING OR USING OF THE SERVICE
You must be of legal age to enter into binding agreements (such as this), meaning you must be of legal age of majority in your jurisdiction, which is normally 18 years of age, but it is 21 in some jurisdictions. The Service contains images, language and sounds that may be erotic in nature. By accessing or using this Service, you represent and warrant that you are not offended by erotic language or images and by using the Service you choose to be exposed to same. If you have a person under the age of majority in your household or who might otherwise gain access to this Site via your computer, the Company strongly encourages you to install filtering software to prevent access to this Site by a minor or other person who may be offended by its content. You represent and warrant that you will not knowingly allow a minor access to this Site.
2. DESCRIPTION AND LIMITATION OF USE OF THE SERVICE
The Service provides users with access to an on-line community of beautiful models with whom you may have an interest in communicating. You and they may have similar interests, or you may simply want to meet them. The Service is strictly for entertainment purposes. It is not a "dating" or "personals" site. The ChatFunn community of models with whom you may communicate with through the Service (referred to herein as the "Models") are compensated. Any communication a Model has with you is for entertainment purposes only. Communications from Models are never intended to serve as a precursor to any face-to-face meeting or "date" with you. You understand and agree that all Model communications with you are strictly for your entertainment.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is intended for the private, personal, non-commercial use of individual members of the Site. The Service cannot be used by businesses or organizations. In no event can any individual or business or organization use the Service to transmit pam or commercial or marketing materials, or use the Service to sell products or services.
You agree that you will not use any computer program, malware or device to monitor or copy any portion of the Site or to potentially or actually interfere with the functionality of the Site, or that could cause an improper burden or load on the Site or its computer equipment or network.
3. COMMUNICATION AND INFORMATION SHARING RULES
You are solely responsible for any content or information you share with any Model(s) or other user(s) of the Site or through the Service. Company has no control over, and has neither responsibility nor liability for, any information you so share. You agree that by so sharing any information you waive any claim of privacy or privilege to such information and acknowledge that such information has become public information. Moreover, you represent, warrant and agree that you have all legal rights necessary to share any and all content or information that you do so share at the Site or through the Service, including but not limited to rights under the laws of trade secrets, trademark, publicity, privacy and copyright.
You represent, warrant and agree that any information you share will not be sexually explicit in nature (i.e., no images or descriptions of genitalia) and in any event shall be only of persons eighteen years or older, and for images of persons other than yourself you represent and warrant that you have the necessary permission from such other person to legally permit you to so share their image.
You represent, warrant and agree that you will not use the Service to communicate or share any information that can reasonably de deemed hateful, sexist, abusive, harassing, threatening, rude, profane or otherwise offensive.
The Company reserves the right to terminate any user whom we determine in our sole discretion to have violated this provision, or any other provision, of this Agreement. We also reserve the right to limit the number of communications by a given user, or to block a given user from contacting certain Models. Blocking can be done by the Models themselves, as well, in their sole discretion.
The Company, Site and Service are Internet and Online Service Providers as defined by federal law, including but not limited to the Digital Millennium Copyright Act, the Communications Decency Act and the applicable Federal Regulations, and claim all immunities and privileges owing to or available to same. Nothing in this Agreement is intended to waive or limi any such immunities and privileges.
4. MODEL INFORMATION AND DISCRETION
Models are independent contractors, solely responsible for the images, content and other information posted on their profiles. The Company is neither responsible nor liable for any content or information posted on any Model profile, or for any communication made by any Model to you or any other user. You acknowledge and agree that the Company has no such responsibility or liability and expressly release us from any and all claims or demands of any kind or nature whatsoever relating to or arising from any posted Model information or any communication to you or to any other user or person by a Model.
You acknowledge and agree that each Model decides, in her own sole discretion, which user communications directed towards her she will answer, acknowledge or respond to. You further acknowledge and agree that the Company has no control over, and neither responsibility nor liability for, the actions or inactions of any Model and you expressly release us from any claims or demands of any kind or nature whatsoever relating to or arising from any action or inaction by a Model.
5. HOW THE SERVICE WORKS
Tokens: As a Member, you can purchase account credits, referred to as "tokens." A Member uses his Tokens to purchase access to a private phone number assigned to a specific Model. This enables the Member to contact the Model (subject to transaction fees detailed herein), for a period of thirty (30) days. Upon expiry of the 30 days the Member must pay a fee to keep the Model's phone number as an active contact.
Proxy Numbers: We will assign a proxy phone number to the Member, which is the number displayed to the Model, rather than the Member's actual phone number. The Model's number given to the Member is also a proxy number.
Communication Methods: Each Model sets her own acceptable methods of communication (e.g., voice phone call, short text message service (SMS) and/or multimedia message service (MMS)), as well as setting the token rate for each type of communication. SMS is limited to 120 characters. Each Model's profile page will display the communication methods offered and the applicable token rates.
6. MODIFICATIONS TO SERVICE/ AMENDMENTS TO THIS AGREEMENT
You acknowledge that the Company may at any time, in its sole discretion, modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You further acknowledge that the Company may modify or amend this Agreement in its sole discretion from time to time. In the event of such modification or amendment, the Company will indicate the date of posting of such change at the top of this Agreement under the title caption. It is your responsibility to periodically check this Agreement for changes.
7. INDEMNITY You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, employees, agents, co-branders or other partners, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of images, language or content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another person or entity. You further agree that in the event of any action or claim brought against the Company due to or arising out of any images, language or content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, you will reimburse the Company for its reasonable attorneys' fees and costs incurred in the defense of such action or claim.
8. TERMINATION Notwithstanding the fact that Company is an Internet Service Provider as defined under federal laws, you acknowledge and agree that the Company, in its sole discretion, may at any time terminate your profile, your access to the Site, and/or remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the TOS or of any terms and conditions or rules posted on the site. You agree that any termination of your access to the Service under any provision of these TOS may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account (or any part thereof) and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that the Company shall not be liable to you or any third party for any termination of your access to, or removal of your information from, the Service.
9. DEALINGS WITH ADVERTISERS/ MARKETING PARTNERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and marketing partners on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, use of or reliance on any such content, goods or services available on or through any such site or resource.
11. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based, in whole or in part, on the Service, the Software, the content or sponsor advertisements, or information presented to you through the Service or advertisers.
The Company grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by the Company for use in accessing the Service.
Any and all disputes arising out of or relating to this Agreement and/or your use of the Site or Service must be submitted to binding arbitration under the rules and procedures of (a) for users residing in the United States or Canada, the American Arbitration Society before a single arbitrator panel at JAMS in Los Angeles, California or (b) for residents of Europe, UK, Canada or otherwise outside the United States or Canada, of the International Arbitration Association before a single arbitrator panel in Cyprus. Company and you expressly consent to such arbitration and submit to such venue, and that all costs and fees of arbitration split equally between the parties, with neither party entitled to an award of attorneys' fees.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY 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.
b. THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS SITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE OR REASON WHATSOEVER SHALL BE AT ALL TIMES LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR YOUR USE OF THE SERVICE DURING THE TERM OF YOUR USE.
15. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16. COPYRIGHTS and COPYRIGHT AGENT
The Company respects the intellectual property rights of others, and we ask our members to do the same. You cannot post, reproduce or distribute copyrighted material unless you have received necessary rights under copyright to do so, which typically requires you to have obtained a written license from the copyright holder.
If you believe that material in which you hold copyright or rights under copyright has been copied or posted on the Site in a way that constitutes infringement, please provide the Company's Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a) a description of the copyrighted work that you claim has been infringed; b) a description of where the material that you claim is infringing is located on the site; c) your name, address, telephone number, and email address; d) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; e) a written statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
The Company's Copyright Agent for Notice of claims of copyright infringement on its site can be reached as follows: By mail: Stephen W. Workman, 233 S. Wacker Drive, Suite 8400, Chicago, IL 60606. By email: firstname.lastname@example.org. PLEASE NOTE: Do not make false or misleading assertions regarding copyright. Should you do so, you will be prosecuted to the fullest extent of the law.
17. MEMBER SUBSCRIPTIONS
Upon subscribing to membership to the Service, you hereby authorize the Company or its payment processing agent (as shown on the "join page" of the website) to charge your credit card (or other approved payment facility) for periodic recurring subscription fees according to the then-current billing terms for the Service. Monthly rates of your subscription will be automatically renewed at the rate specified on the site's JOIN page and your credit card (or other approved facility) will be charged at the then-current subscription rate unless you notify the Company that you wish to cancel your subscription no less than five (5) days prior to the end of the preceding billing period. You are liable for any subscription charges incurred by you up to and until termination of the Service. You hereby further authorize Company or its payment processing agent to charge your credit card (or other approved facility) for any and all purchases of products or services made by you through the Service. You agree not to report as lost or stolen any credit card which you have used in conjunction with such payment to your issuing bank or to the Company or its payment agent for goods or services which you do not have good reason to believe is, in fact, lost or stolen. You further agree not to report as unauthorized any charge for goods or services (including subscriptions) which you have, in fact, ordered from the Company. You hereby agree that any such false reporting of a lost or stolen credit card or of unauthorized charges cause severe business and financial harm to Company and shall render you liable to the Company for liquidated damages in the amount of $2,500.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement. Upon request, Subscribers will be given access to billing records that support charges for use of the Service. BY FILLING OUT AND SUBMITTING THE CREDIT CARD DATA FIELDS ON THE JOIN FORM, YOU APPOINT COMPANY OR ITS PAYMENT PROCESSOR AS YOUR AUTHORIZED AGENT FOR THE LIMITED PURPOSE OF COLLECTING SAID CREDIT CARD DATA AND TRANSMITTING IT IN A SECURE OR ENCRYPTED FORMAT TO THE CREDIT CARD MERCHANT FOR THE PRODUCT SO PURCHASED ON THE JOIN FORM.
If the address or any other information pertaining to your credit card is changed for any reason, including changes in the home or billing address, changes in the card expiration date, or if your credit card is lost or stolen, you must immediately inform the Company and its payment processing agent via e-mail. Your failure to do so is a material breach of this Agreement, and, in the event of your failure to so notify, agent and Company disclaim any and all responsibility for charges posted to a lost or stolen credit card. Your subscription cannot be assigned or transferred to any other person or entity. You must promptly inform the Company of any apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until said agent and Company are notified, you will remain liable for any unauthorized use of the Service.
18. CANCELLATION OR TERMINATION OF ACCOUNT
You may cancel your membership at any time by emailing us at email@example.com The Company may terminate your account at any time, without advance notice to you, in its sole discretion, for any reason including but not limited to violation of this Agreement or suspension or termination of the Service. You agree that the Company nor any of its billing vendors shall be liable to you for terminating your account or access to the Site or Service. Any credits in your account at the time of termination shall be forfeit. If your account is terminated, you agree to not to re-register as a Member under your own name or a pseudonym without the Company's prior written consent.
19. MISCELLANEOUS INFORMATION
This Agreement constitutes the entire agreement between you and the Company and governs your use of the Service, superseding any prior agreements between you and the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. If any provision of this Agreement is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to tis Agreement or use of the Service must be filed within one (1) year after such claim or cause of action arose or it shall be forever barred. The section titles herein are for convenience only and have no legal or contractual effect.
You may from time to time receive emails from the Company or from outside staff to enhance your experience with this Service, you may also receive emails to alert you to an incomplete or possibly inaccurate profile, or to alert you to offerings from Company or its marketing partners. You release Company from any liability arising from or related to such email transmissions to you.
20. ACKNOWLEDGEMENT OF BINDING CONTRACT
ACCESSING, USING OR CREATING AN BY ACCOUNT WITH CHATFUNN.COM, YOU ACKNOWLEDGE YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS AND CONDITIONS, AND CONSENT TO BE BOUND BY SAID TERMS AND CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD OR AGE OF MAJORITY IN YOUR JURISDICTION.