Terms & Conditions


VIEW CHAT TERMS OF SERVICE

Terms of Service

View Chat, LLC (“View Chat”, “we”, “our” or “us”), welcomes you to its application for mobile devices and its website (collectively, including all software, technology and content available through the View Chat application and the View Chat website, the “View Chat Service”, or the “Service”). This Terms of Service is a legal and binding agreement between View Chat and you (“you” or “You”), a user of the Service (“User”). BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND VIEW CHAT’S PRIVACY POLICY, WHICH CAN BE FOUND HERE [http://www.View Chat.net/privacy-policy] AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, you may not use the Service.

 1. View Chat Service

These Terms of Service apply to all Users of the View Chat Service. The View Chat Service may contain links to third party websites that are not owned or controlled by View Chat. View Chat has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, View Chat will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that View Chat shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

 2. Access to View Chat

 A. Subject to your compliance with these Terms of Service, View Chat hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without View Chat’s prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

 B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide View Chat with the names, Facebook handles, View Chat handles and other information of third parties whom you wish to use the Service with. You hereby give your express consent to View Chat to use the names, Facebook handles, View Chat handles and other information you provide for use in providing you access and use of the Service. Although View Chat will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of View Chat or others due to such unauthorized use.

 C. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their User Submissions (as defined below).

 3. Intellectual Property Rights

 The design of the View Chat Service along with View Chat created text, scripts, graphics, interactive features and the like (“View Chat Client”) except all User Submissions (as defined below), and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to View Chat, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you “AS IS” for your information and personal use only. View Chat reserves all rights not expressly granted in and to the Service and the Client. You agree to not engage in the use, copying, or distribution of any of the Client other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes.

 4. Privacy

Our Privacy Policy (https://www.viewchat.net/privacy) describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by View Chat and its affiliates.

 5. User Submissions

 A. The View Chat Service permits Users to make, share and/or publish comments, observations, facts and/or opinions in View Chat chat rooms from their phone, tablet and/or computer; submit text and other communications (“User Submissions”), communicate with others, and the hosting, sharing, and/or publishing of such User Submissions. As clarified in the following section, you retain your ownership rights in your User Submissions. You understand that whether or not such User Submissions are published, View Chat does not guarantee any confidentiality with respect to any submissions.

 B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. Because View Chat is only acting as a repository of data and information, User Submissions do not necessarily represent the views or opinions of View Chat, and View Chat makes no guarantees as to the validity or accuracy of any information. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize View Chat to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your User Submissions, but you must have the rights in the first place. However, by submitting User Submissions to View Chat, you hereby grant View Chat a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, copy, reproduce, process, adapt, modify, publich, transmit, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the View Chat Service and View Chat's (and its successor's) business, including without limitation for promoting and redistributing part or all of the View Chat Service (and derivative works thereof) in any media formats and through any media channels. This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for View Chat to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by View Chat, or other companies, organizations or individuals, may be made and will be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services. You also hereby grant each View Chat user on the View Chat Service a non-exclusive license to access your User Submissions through the Service, application, website, Email, computer, tablet and/or mobile phone and to display parts of User Submissions as permitted through the functionality of the Service and under these Terms of Service.

 C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant View Chat all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage View Chat or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.

 D. View Chat does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and View Chat expressly disclaims any and all liability in connection with User Submissions. View Chat does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and View Chat will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. View Chat reserves the right to remove Content and User Submissions without prior notice. View Chat may also terminate a user’s access to its Service, if they are determined to be a repeat infringer, or for any or no reason. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a User Submission removed from the View Chat Service more than twice. View Chat also reserves the right to decide whether content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law. View Chat may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

 E. You understand that when using the View Chat Service you will be exposed to User Submissions from a variety of sources, and that View Chat is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, and that such User Submissions are not the responsibility of View Chat. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against View Chat with respect thereto, and agree to indemnify and hold View Chat, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

F. View Chat permits you to link to materials on the Service for personal purposes only. View Chat reserves the right to discontinue any aspect of the View Chat Service at any time.

G. View Chat’s Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you.

H. In consideration for View Chat granting you access to and use of the Services, you agree that View Chat and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, View Chat’s computer systems, or the technical delivery systems of View Chat’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by View Chat (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with View Chat (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of View Chat is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of View Chat, its users and the public. View Chat does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.

I. You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE VIEW CHAT SERVICE SHALL BE AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, VIEW CHAT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, VIEW CHAT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. VIEW CHAT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VIEW CHAT SERVICE. VIEW CHAT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VIEW CHAT SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND VIEW CHAT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.

7. Limitation of Liability

IN NO EVENT SHALL VIEW CHAT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VIEW CHAT CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT VIEW CHAT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by View Chat from its facilities in the United States of America. View Chat makes no representations that the View Chat Service is appropriate or available for use in other locations. Those who access or use the View Chat Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity

You agree to defend, indemnify and hold harmless View Chat, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the View Chat Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the View Chat Service.

 9. Ability to Accept Terms of Service

You affirm that you are either at least 13 years of age, or 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 these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 13 years old as the View Chat Service is not intended for children under 13. If you are under 13 years of age, you are not permitted to use the View Chat Service. View Chat is the developer of the Service, and may be contacted at info@ViewChat.net.

 10. Copyright or Intellectual Property Infringement Notification. 

 View Chat respects the intellectual property rights of others. You can notify View Chat of possible copyright infringement, and View Chat will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following:  (i) a physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed; (ii)  a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site reasonably sufficient to permit View Chat to locate the material; (iv)  your contact information, including your address, telephone number, and email; (v)  a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.  Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act. Claims can be sent to or to View Chat, LLC, c/o Registered Agent, (address).

 11. General

You agree that: (i) the View Chat Service shall be deemed solely based in California; (ii) the View Chat Service shall be deemed a passive server that does not give rise to personal jurisdiction over View Chat, either specific or general, in jurisdictions other than California; and (iii) that you agree to subject to the jurisdiction of California in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and View Chat that arises in whole or in part from the View Chat Service shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Service, together with the Privacy Policy [http://www.ViewChat.net/privacy-policy] and any other legal notices published by View Chat, shall constitute the entire agreement between you and View Chat concerning the View Chat Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and View Chat’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. View Chat reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. Your use of the View Chat Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND VIEW CHAT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VIEW CHAT SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by View Chat without restriction.

This Terms of Service was last modified on July 4, 2019.

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