GLOBAL CHAT, LLC
TERMS OF SERVICE AND USE AGREEMENT
This web-based service (referred to herein as the “Service”) is offered to you by GLOBAL CHAT, LLC, a California Limited Liability Company (hereinafter “the Company”) on the following terms and conditions. By accessing or using the Service, you, as the user, must agree to each and every term and condition stated below, as such terms and conditions may be revised from time to time in the sole and absolute discretion of the Company. By accessing or using the Service, you hereby acknowledge and agree that you have read, understand, and agree with all of the terms and conditions of this Service and Use Agreement (hereinafter the "SUA"):
1. PRE-CONDITIONS FOR ACCESS TO AND USE OF THE SERVICE
You must be of legal age to enter into binding agreements (such as this SUA), meaning you must be at least 18 years of age. The Service contains images, language and sounds that may be sexually erotic in nature. By accessing or using the Service, you represent and warrant that you are not offended by images of nudity, sexually charged language or audio, and that you choose to be exposed to such content by using the Service. If you have a person who is a minor (under the age of 18) in your household or who might otherwise gain access to the Service through use of your computer, the Company strongly encourages you to install filtering software to prevent access to the Service by a minor or a person who may be offended by its content. You represent and warrant to the Company that you will not allow a minor access to the Service. You further represent and warrant to the Company that you are familiar with the community standards applicable to your locale regarding sexually explicit images, and if such standards could be violated by content appearing on the Service, you will not access the Service from such locale or country where prohibited. If you are under 18 years of age, or under the age of majority in the jurisdiction where you reside or from which you access this Service, then you do not have permission to use the Service. You may be asked to provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service.
2. DESCRIPTION AND USE LIMITATION OF THE SERVICE
The Service provides users with access to an on-line community of adults having similar interests, and other resources. The Service is intended for the private, personal, non-commercial use of individual members and visitors. 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. Under no circumstances may any individual or business or organization use the Service to send spam to Members subscribing to the Service, or to send marketing material to Service chat rooms, or use the Service to sell products or services. The Service cannot be used by businesses or organizations. You agree that you will not use any robot or spider or other computer program or device to monitor or copy any portion of the Service or that could interfere with the function or use of the Service, or that could cause an improper burden or load on the Service or its computer equipment or network.
3. POSTED CONTENT/ LIMITATION OF LIABILITY
The Company and the Service are Internet Service Providers and Online Service Providers as defined by federal law, including but not limited to the Copyright Act and the Communications Decency Act and Federal Regulations, and claim all immunities and privileges owing to or available to same. Nothing in this SUA is intended to waive or remove any such immunities and privileges. You are solely responsible for any content you post or upload or transmit on or through the Service, and you represent and warrant that you have all legal rights necessary to do so, including but not limited to rights under copyright. You represent and warrant that any images you post that include a recognizable depiction of any person other than yourself shall be non-sexual in nature, shall be only of persons eighteen years or older, and that you have obtained a written release from such other person(s) to legally permit you to post their image on the Service and that no compensation is due or owing to them as a result thereof. You represent and warrant that any image that includes bare breasts or male or female genitalia is an image of you and you only. You are prohibited from posting any image that depicts insertion of any thing or object into the anus or vagina, or that depicts fellatio or cunnilingus. You cannot post an image that depicts bondage or masochism or sadism or bestiality. You cannot post any other type of sexually explicit image that triggers the record keeping requirements of 18 U.S.C. Section 2257. The Company can remove any images, messages, audio, language, photos, profiles or any other content that it determines in its sole judgment and discretion might violate this SUA or which might be offensive, harmful, infringing or impinging upon the rights of another person or entity, or which may be threatening or harassing to any person or group of persons, or which promotes any illegal activity, or which is obscene or libelous or known to be false, or which includes transmission of unsolicited email or chain letters, and you agree not to post any such content.
4. INDEMNITY
You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, employees, agents, and 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 SUA, or your violation of any rights of another person or entity. You further agree that in the event of any action or claim, including any arbitration proceeding, brought by or 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 SUA, 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.
5. MODIFICATIONS TO SERVICE
You agree that the Company may at any time, in its sole and absolute 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.
6. TERMINATION
You acknowledge and agree that the Company, in its sole discretion, may at any time terminate your profile, your access to the Service, 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 terms and conditions of the SUA or of any terms and conditions or rules posted on the Service. You agree that any termination of your access to the Service under any provision of the SUA 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.
7. LINKS
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.
8. 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 postings, uploads or information presented to you through the Service or its Members is or may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company, 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 information presented to or made available to you through the Service. 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.
9. BINDING ARBITRATION
Any and all disputes arising out of or relating to this SUA and/or your use of the Service must be submitted to binding arbitration under the rules and procedures of the American Arbitration Association (“AAA”). All costs and fees charged by the AAA shall initially be divided equally between the parties and paid by them as they are incurred. However, the arbitrator is authorized and directed to determine the prevailing party in the arbitration and to award attorneys fees and costs to the prevailing party. All parties to such arbitration submit to the exclusive jurisdiction and venue of such arbitration in the City and County of San Diego County, California through the auspices of the American Arbitration Association before a retired judge and governed by the laws of the State of California without regard to choice of law provisions.
Notwithstanding the foregoing arbitration provision, you acknowledge and agree that any violation of this Agreement may cause the Company irreparable harm, and therefore agree that the Company, in its sole and absolute discretion, shall be entitled to seek extraordinary relief in the appropriate court having jurisdiction of the subject matter, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of first commencing arbitration proceedings, posting a bond or other security, in addition to and without prejudice to any other rights or remedies that the Company may have for a breach of this Agreement.
10. DISCLAIMER OF ANY AND ALL 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 SERVICE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE SUA.
11. 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. 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.
12. COPYRIGHTED MATERIAL
The Company respects the intellectual property rights of others, and asks its users and 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 Service in a way that constitutes infringement, please notify the Company’s customer service department with the following information: 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 Service; 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;
f) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. The Company's customer service department address and contact information is listed and available on the Company’s website.
13. MEMBER SUBSCRIPTIONS
Upon subscribing to membership to the Service, you hereby authorize the Company or its agent for payment processing (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 Service'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 agent for payment processing 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 the breach of any other terms, conditions, promises and warranties set forth in this SUA. Upon request, Members will be given access to billing records that support the charges for the Member’s use of the Service.
BY FILLING OUT AND SUBMITTING THE CREDIT CARD DATA FIELDS ON THE JOIN FORM, YOU APPOINT THE 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 agent for payment processing via e-mail. Your failure to do so is a material breach of this SUA, and, in the event of your failure to promptly notify the Company or its agent of such events, 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 your identification information or password. Until said agent and Company are notified, you will remain liable for any unauthorized use of the Service.
14. DISPUTES AMONG USERS
The Company is not, and cannot be, responsible for the messages or content posted to or transmitted through the Service. While users represent and warrant that they are at least eighteen years of age, the Company cannot and does not guarantee that a person under eighteen years of age may have infiltrated the Service. The Company advises you to use caution and common sense when dealing with another user, and you are strongly encouraged to request proof of age and identity prior to embarking on a relationship, communications or activities with another user. The Company is not involved in user interactions, and you expressly release the Company, its officers, directors, employees and agents from any and all claims, liabilities and demands, of any kind or nature whatsoever, known or unknown, suspected or unsuspected, arising out of or related to your use of the Service or your interactions with another member. The Company has no obligation whatsoever to monitor disputes between users, but reserves the right to do so in its sole discretion.
15. MISCELLANEOUS INFORMATION
The SUA 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 the SUA is found to be invalid, the parties nevertheless agree that the arbitrator or the court should endeavor to give effect to the parties' intentions as reflected in the provisions of the SUA, and the other terms, conditions and provisions of the SUA shall 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 use of the Service or the SUA must be filed or initiated through binding arbitration within one (1) year after such claim or cause of action arose or it shall be forever barred. The section titles in the SUA are for convenience only and have no legal or contractual effect. You may, from time to time, receive emails 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. You release Company from any liability arising from or related to such email transmissions to you. By requesting to use, registering to use, and/or using the Service, you represent and warrant that you have never been convicted of a felony and are not required to register as a sex offender with any government entity. THIS SERVICE DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, we reserve the right to conduct a criminal background check, at any time and using available public records, to confirm your compliance with this provision.
16. VIOLATIONS
Please report any and all matters you believe to be violations of the SUA to our Customer Service Department at admin@globalchathq.com
17. MONTHLY MEMBERSHIPS
PAID MONTHLY MEMBERSHIP SUBSCRIPTIONS ARE RECURRING SUBSCRIPTIONS MEANING THAT YOU WILL AUTOMATICALLY BE BILLED MONTHLY AT THE THEN-CURRENT MONTHLY UNTIL YOU CANCEL YOUR MEMBERSHIP. UNLESS REFUNDED FOR GOOD CAUSE SHOWN, MEMBERSHIP FEES INCURRED PRIOR TO CANCELLATION ARE YOUR OBLIGATION TO PAY, AND THE COMPANY WILL PURSUE AND SEEK TO RECOVER FROM, BY COLLECTION AGENCIES OR OTHER LAWFUL MEANS, ANY SUBSCRIBER WHO DEFRAUDS VIA CREDIT CARD CHARGEBACKS OR REFUNDS.
Upon subscribing as a paid member, YOU hereby authorize the Company’s payment processing agent, or other authorized agent as disclosed on the "join page" of the Service’s 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 Service'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. Subscription fees are earned upon receipt and are non-refundable, whether or not termination is at your request. You are liable for any subscription charges incurred by you up to and until termination of the Service. All charges will appear on your credit card statement according to the terms of service of Company’s payment processing agent. You hereby further authorize Company’s payment processing agent to charge your credit card (or other approved facility) for any and all purchases of products, services and entertainment 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) that 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 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 THE COMPANY 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.
18. USER AGREEMENT
By applying for membership and subsequently becoming a member of this Service, the person or persons applying for membership (hereinafter referred to as "applicant" or "the applicant") does hereby state and affirm that:
18.1. Applicant is at least 18 (eighteen) years of age. 18.2. Applicant is aware that this Service contains explicit adult oriented entertainment material, depicting consenting individuals involved in simulated or actual sexual acts either by themselves or with one or more person(s) of the same or opposite sex or gender. 18.3. Applicant States that nudity, adult, erotic or sexual material (hereinafter referred to as "material" or "the material"), does not offend him/her in any way, form or manner. 18.4. Applicant States that he/she reside(s) in a City, County, State, Province, Country or Commonwealth where it is lawful to obtain, view, own or otherwise examine sexually explicit material. 18.5. Applicant states that he/she desires to view sexually explicit material for his/her personal use. 18.6. Applicant acknowledges that he/she cannot, will not and shall not, use any material obtained by and through this Service in any commercial or professional manner, for any reason, at any time. 18.7. Applicant is not party to, or a member, officer, official or agent of any State, Federal, Code, Law enforcement agency, Commerce, telecommunications company or service, or acting as an agent or third-party of, or for, those stated agencies either in concert, whether of a disclosed or undisclosed nature or acting in any capacity whatsoever. Members of such agencies as stated and defined herein and representative throughout this entire Disclaimer are hereby prohibited from applying for membership. Violation of this clause is entrapment with certain legal rights and substantial compensatory damages attached. If you are such an officer or inspector (or as otherwise defined person), you are requested to leave without any attempt to obtain access or membership to this Service. 18.8. Applicant States and affirms that this Service may rely upon the representations made by the applicant in whole and in part. Applicant or member understand that by furnishing false information constitutes fraud and submitting a misrepresented or fraudulent application may subject the applicant or member to any and all legal actions as deemed appropriate. 18.9. Applicant is applying for membership to this Service for the purpose of viewing member profiles and communicating with other members via the tools available on this website. If such application is approved the applicant shall become a registered member (hereinafter referred to as "member" or "the member") and shall receive a User name and Password which shall enable the member to gain access to the Service which may contain sexually explicit material. 18.10. If Applicant becomes a Member, the Member shall be issued a User name and Password in order to gain access to the Service and all content therein. The Member agrees and understands that the User name and Password, and all material viewed must remain under the Member’s personal control and said Member shall assume full and total responsibility for such material and not pass to any other person, real or imagined, by any means, the User name, Password or material obtained from this Service including but not limited to, allowing any other person under the age of 18 years of age to view, examine, or be subjected to sexually explicit material. Logs of all accesses may be created and maintained by Company, and logins from more than three (3) distinct second-level domains shall constitute proof of violation of this clause of this SUA, with resultant removal of Username and Password without recourse, refund, or further warning. Applicant and Member further agree that he or she shall use the User name and Password only for personal use with a typical internet Web Browser; specifically, the use of "robots" or other automated browsers is prohibited. Applicant and Member further state he or she will not display, rent, sell, distribute, loan or give, show or cause to be shown, any materials obtained from this Service to any other natural person, for any reason, at any time. 18.11. Once the Applicant has received a User name and Password, then that Applicant shall be known as a "Member". You understand that this Service does not make any warranty, express or implied, as to the content or nature of any material within this Service, as being suitable for any purpose, real or imagined. For that reason the Applicant and/or Member agree and understand that the membership will continue with full force and effect for the period of time the Applicant is enrolled. In the event that an Applicant or Member experiences an inability to log on to, or access the Service’s website, this Service will take any and all action to assure that the service interruption shall be placed at a minimum. The Applicant and/or Member understand that technical difficulties do exist from time to time and shall not be unreasonable in allowing this Service to perform any and all service work or modifications in order to rectify any and all difficulties. Further, this Service and the Company can not guarantee compatibility of the Member’s equipment including, but not limited to, type of computer, computer configuration, browser software, other software, dial-up account, TCIP, Winsock or on-line service, including but not limited to, America On Line (AOL), Prodigy or Compuserve. The Company does specify that this Service does work with an IBM type PC, a true dial-up account with graphical Internet access (not a shell account), and Microsoft Internet Explorer 6 (or greater) or Netscape Navigator 6.2 (or greater). In addition, Applicant or Member understands that the Service may occasionally be unavailable during brief periods of maintenance of the Service. 18.12. Applicant or Member covenants and understands that any attempt to access this Service is at his or her sole option and assumes any and all risks in doing so. Applicant or Member is responsible for his or her own actions and agree to hold this Service and the Company completely irrevocably, harmless from the actions of said Applicant or Member. 18.13. Applicant and/or Member assumes any and all responsibility and liability for transmitting data or material(s) and all contents of said data, at his or her own risk, to or from this Service's Web Server, by any known or unknown telecommunications method including but not limited to, local or national telecommunications lines, telephone service or data lines belonging to any entity or natural person, in any State, local community, County, City, Municipality, Commonwealth or Country, geo-stationary satellites, cellular or digital, or any combination or methods of service applicable thereto and thereof. 18.14. Applicant and/or Member are prohibited from soliciting this Services' membership for any product, service, website, or anything other than the expressed purpose of this Service as an internet personals and social networking Service.
19. NO ACCESS WHERE PROHIBITED BY LAW
The services and activities provided under this SUA may not be used where prohibited by law. All parts of the following countries: Afghanistan, Algeria, Chad, Germany, Kuwait, Indonesia, Iran, Iraq, Jordan, Lebanon, Libya, Micronesia, Morocco, North Korea, Pakistan, The Sudan, The Republic of China, Singapore, Saudi Arabia, Somalia, Syria, The United Arab Emirates, Yemen, all areas subject to Sharia law Islamic law based on the Koran Islamic law and some of the material or content provided by the Service may be prohibited under the laws of the listed countries. All locations within the territories of every political entity in which accessing, viewing, downloading, dissemination of, or other use of the sexual materials depicted on or available through the Service, is prohibited by law or would otherwise constitute a violation of any regulation, rule or custom.
20. NO FALSE INFORMATION
You will not provide inaccurate, misleading or false information to the Company or to any other user. If information provided to the Company or another user subsequently becomes inaccurate, misleading or false, you will promptly notify the Company of such change.
You must be of legal age to enter into binding agreements (such as this SUA), meaning you must be at least 18 years of age. The Service contains images, language and sounds that may be sexually erotic in nature. By accessing or using the Service, you represent and warrant that you are not offended by images of nudity, sexually charged language or audio, and that you choose to be exposed to such content by using the Service. If you have a person who is a minor (under the age of 18) in your household or who might otherwise gain access to the Service through use of your computer, the Company strongly encourages you to install filtering software to prevent access to the Service by a minor or a person who may be offended by its content. You represent and warrant to the Company that you will not allow a minor access to the Service. You further represent and warrant to the Company that you are familiar with the community standards applicable to your locale regarding sexually explicit images, and if such standards could be violated by content appearing on the Service, you will not access the Service from such locale or country where prohibited. If you are under 18 years of age, or under the age of majority in the jurisdiction where you reside or from which you access this Service, then you do not have permission to use the Service. You may be asked to provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service.
2. DESCRIPTION AND USE LIMITATION OF THE SERVICE
The Service provides users with access to an on-line community of adults having similar interests, and other resources. The Service is intended for the private, personal, non-commercial use of individual members and visitors. 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. Under no circumstances may any individual or business or organization use the Service to send spam to Members subscribing to the Service, or to send marketing material to Service chat rooms, or use the Service to sell products or services. The Service cannot be used by businesses or organizations. You agree that you will not use any robot or spider or other computer program or device to monitor or copy any portion of the Service or that could interfere with the function or use of the Service, or that could cause an improper burden or load on the Service or its computer equipment or network.
3. POSTED CONTENT/ LIMITATION OF LIABILITY
The Company and the Service are Internet Service Providers and Online Service Providers as defined by federal law, including but not limited to the Copyright Act and the Communications Decency Act and Federal Regulations, and claim all immunities and privileges owing to or available to same. Nothing in this SUA is intended to waive or remove any such immunities and privileges. You are solely responsible for any content you post or upload or transmit on or through the Service, and you represent and warrant that you have all legal rights necessary to do so, including but not limited to rights under copyright. You represent and warrant that any images you post that include a recognizable depiction of any person other than yourself shall be non-sexual in nature, shall be only of persons eighteen years or older, and that you have obtained a written release from such other person(s) to legally permit you to post their image on the Service and that no compensation is due or owing to them as a result thereof. You represent and warrant that any image that includes bare breasts or male or female genitalia is an image of you and you only. You are prohibited from posting any image that depicts insertion of any thing or object into the anus or vagina, or that depicts fellatio or cunnilingus. You cannot post an image that depicts bondage or masochism or sadism or bestiality. You cannot post any other type of sexually explicit image that triggers the record keeping requirements of 18 U.S.C. Section 2257. The Company can remove any images, messages, audio, language, photos, profiles or any other content that it determines in its sole judgment and discretion might violate this SUA or which might be offensive, harmful, infringing or impinging upon the rights of another person or entity, or which may be threatening or harassing to any person or group of persons, or which promotes any illegal activity, or which is obscene or libelous or known to be false, or which includes transmission of unsolicited email or chain letters, and you agree not to post any such content.
4. INDEMNITY
You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, employees, agents, and 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 SUA, or your violation of any rights of another person or entity. You further agree that in the event of any action or claim, including any arbitration proceeding, brought by or 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 SUA, 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.
5. MODIFICATIONS TO SERVICE
You agree that the Company may at any time, in its sole and absolute 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.
6. TERMINATION
You acknowledge and agree that the Company, in its sole discretion, may at any time terminate your profile, your access to the Service, 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 terms and conditions of the SUA or of any terms and conditions or rules posted on the Service. You agree that any termination of your access to the Service under any provision of the SUA 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.
7. LINKS
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.
8. 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 postings, uploads or information presented to you through the Service or its Members is or may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company, 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 information presented to or made available to you through the Service. 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.
9. BINDING ARBITRATION
Any and all disputes arising out of or relating to this SUA and/or your use of the Service must be submitted to binding arbitration under the rules and procedures of the American Arbitration Association (“AAA”). All costs and fees charged by the AAA shall initially be divided equally between the parties and paid by them as they are incurred. However, the arbitrator is authorized and directed to determine the prevailing party in the arbitration and to award attorneys fees and costs to the prevailing party. All parties to such arbitration submit to the exclusive jurisdiction and venue of such arbitration in the City and County of San Diego County, California through the auspices of the American Arbitration Association before a retired judge and governed by the laws of the State of California without regard to choice of law provisions.
Notwithstanding the foregoing arbitration provision, you acknowledge and agree that any violation of this Agreement may cause the Company irreparable harm, and therefore agree that the Company, in its sole and absolute discretion, shall be entitled to seek extraordinary relief in the appropriate court having jurisdiction of the subject matter, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of first commencing arbitration proceedings, posting a bond or other security, in addition to and without prejudice to any other rights or remedies that the Company may have for a breach of this Agreement.
10. DISCLAIMER OF ANY AND ALL 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 SERVICE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE SUA.
11. 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. 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.
12. COPYRIGHTED MATERIAL
The Company respects the intellectual property rights of others, and asks its users and 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 Service in a way that constitutes infringement, please notify the Company’s customer service department with the following information: 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 Service; 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;
f) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. The Company's customer service department address and contact information is listed and available on the Company’s website.
13. MEMBER SUBSCRIPTIONS
Upon subscribing to membership to the Service, you hereby authorize the Company or its agent for payment processing (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 Service'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 agent for payment processing 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 the breach of any other terms, conditions, promises and warranties set forth in this SUA. Upon request, Members will be given access to billing records that support the charges for the Member’s use of the Service.
BY FILLING OUT AND SUBMITTING THE CREDIT CARD DATA FIELDS ON THE JOIN FORM, YOU APPOINT THE 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 agent for payment processing via e-mail. Your failure to do so is a material breach of this SUA, and, in the event of your failure to promptly notify the Company or its agent of such events, 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 your identification information or password. Until said agent and Company are notified, you will remain liable for any unauthorized use of the Service.
14. DISPUTES AMONG USERS
The Company is not, and cannot be, responsible for the messages or content posted to or transmitted through the Service. While users represent and warrant that they are at least eighteen years of age, the Company cannot and does not guarantee that a person under eighteen years of age may have infiltrated the Service. The Company advises you to use caution and common sense when dealing with another user, and you are strongly encouraged to request proof of age and identity prior to embarking on a relationship, communications or activities with another user. The Company is not involved in user interactions, and you expressly release the Company, its officers, directors, employees and agents from any and all claims, liabilities and demands, of any kind or nature whatsoever, known or unknown, suspected or unsuspected, arising out of or related to your use of the Service or your interactions with another member. The Company has no obligation whatsoever to monitor disputes between users, but reserves the right to do so in its sole discretion.
15. MISCELLANEOUS INFORMATION
The SUA 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 the SUA is found to be invalid, the parties nevertheless agree that the arbitrator or the court should endeavor to give effect to the parties' intentions as reflected in the provisions of the SUA, and the other terms, conditions and provisions of the SUA shall 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 use of the Service or the SUA must be filed or initiated through binding arbitration within one (1) year after such claim or cause of action arose or it shall be forever barred. The section titles in the SUA are for convenience only and have no legal or contractual effect. You may, from time to time, receive emails 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. You release Company from any liability arising from or related to such email transmissions to you. By requesting to use, registering to use, and/or using the Service, you represent and warrant that you have never been convicted of a felony and are not required to register as a sex offender with any government entity. THIS SERVICE DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, we reserve the right to conduct a criminal background check, at any time and using available public records, to confirm your compliance with this provision.
16. VIOLATIONS
Please report any and all matters you believe to be violations of the SUA to our Customer Service Department at admin@globalchathq.com
17. MONTHLY MEMBERSHIPS
PAID MONTHLY MEMBERSHIP SUBSCRIPTIONS ARE RECURRING SUBSCRIPTIONS MEANING THAT YOU WILL AUTOMATICALLY BE BILLED MONTHLY AT THE THEN-CURRENT MONTHLY UNTIL YOU CANCEL YOUR MEMBERSHIP. UNLESS REFUNDED FOR GOOD CAUSE SHOWN, MEMBERSHIP FEES INCURRED PRIOR TO CANCELLATION ARE YOUR OBLIGATION TO PAY, AND THE COMPANY WILL PURSUE AND SEEK TO RECOVER FROM, BY COLLECTION AGENCIES OR OTHER LAWFUL MEANS, ANY SUBSCRIBER WHO DEFRAUDS VIA CREDIT CARD CHARGEBACKS OR REFUNDS.
Upon subscribing as a paid member, YOU hereby authorize the Company’s payment processing agent, or other authorized agent as disclosed on the "join page" of the Service’s 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 Service'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. Subscription fees are earned upon receipt and are non-refundable, whether or not termination is at your request. You are liable for any subscription charges incurred by you up to and until termination of the Service. All charges will appear on your credit card statement according to the terms of service of Company’s payment processing agent. You hereby further authorize Company’s payment processing agent to charge your credit card (or other approved facility) for any and all purchases of products, services and entertainment 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) that 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 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 THE COMPANY 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.
18. USER AGREEMENT
By applying for membership and subsequently becoming a member of this Service, the person or persons applying for membership (hereinafter referred to as "applicant" or "the applicant") does hereby state and affirm that:
18.1. Applicant is at least 18 (eighteen) years of age. 18.2. Applicant is aware that this Service contains explicit adult oriented entertainment material, depicting consenting individuals involved in simulated or actual sexual acts either by themselves or with one or more person(s) of the same or opposite sex or gender. 18.3. Applicant States that nudity, adult, erotic or sexual material (hereinafter referred to as "material" or "the material"), does not offend him/her in any way, form or manner. 18.4. Applicant States that he/she reside(s) in a City, County, State, Province, Country or Commonwealth where it is lawful to obtain, view, own or otherwise examine sexually explicit material. 18.5. Applicant states that he/she desires to view sexually explicit material for his/her personal use. 18.6. Applicant acknowledges that he/she cannot, will not and shall not, use any material obtained by and through this Service in any commercial or professional manner, for any reason, at any time. 18.7. Applicant is not party to, or a member, officer, official or agent of any State, Federal, Code, Law enforcement agency, Commerce, telecommunications company or service, or acting as an agent or third-party of, or for, those stated agencies either in concert, whether of a disclosed or undisclosed nature or acting in any capacity whatsoever. Members of such agencies as stated and defined herein and representative throughout this entire Disclaimer are hereby prohibited from applying for membership. Violation of this clause is entrapment with certain legal rights and substantial compensatory damages attached. If you are such an officer or inspector (or as otherwise defined person), you are requested to leave without any attempt to obtain access or membership to this Service. 18.8. Applicant States and affirms that this Service may rely upon the representations made by the applicant in whole and in part. Applicant or member understand that by furnishing false information constitutes fraud and submitting a misrepresented or fraudulent application may subject the applicant or member to any and all legal actions as deemed appropriate. 18.9. Applicant is applying for membership to this Service for the purpose of viewing member profiles and communicating with other members via the tools available on this website. If such application is approved the applicant shall become a registered member (hereinafter referred to as "member" or "the member") and shall receive a User name and Password which shall enable the member to gain access to the Service which may contain sexually explicit material. 18.10. If Applicant becomes a Member, the Member shall be issued a User name and Password in order to gain access to the Service and all content therein. The Member agrees and understands that the User name and Password, and all material viewed must remain under the Member’s personal control and said Member shall assume full and total responsibility for such material and not pass to any other person, real or imagined, by any means, the User name, Password or material obtained from this Service including but not limited to, allowing any other person under the age of 18 years of age to view, examine, or be subjected to sexually explicit material. Logs of all accesses may be created and maintained by Company, and logins from more than three (3) distinct second-level domains shall constitute proof of violation of this clause of this SUA, with resultant removal of Username and Password without recourse, refund, or further warning. Applicant and Member further agree that he or she shall use the User name and Password only for personal use with a typical internet Web Browser; specifically, the use of "robots" or other automated browsers is prohibited. Applicant and Member further state he or she will not display, rent, sell, distribute, loan or give, show or cause to be shown, any materials obtained from this Service to any other natural person, for any reason, at any time. 18.11. Once the Applicant has received a User name and Password, then that Applicant shall be known as a "Member". You understand that this Service does not make any warranty, express or implied, as to the content or nature of any material within this Service, as being suitable for any purpose, real or imagined. For that reason the Applicant and/or Member agree and understand that the membership will continue with full force and effect for the period of time the Applicant is enrolled. In the event that an Applicant or Member experiences an inability to log on to, or access the Service’s website, this Service will take any and all action to assure that the service interruption shall be placed at a minimum. The Applicant and/or Member understand that technical difficulties do exist from time to time and shall not be unreasonable in allowing this Service to perform any and all service work or modifications in order to rectify any and all difficulties. Further, this Service and the Company can not guarantee compatibility of the Member’s equipment including, but not limited to, type of computer, computer configuration, browser software, other software, dial-up account, TCIP, Winsock or on-line service, including but not limited to, America On Line (AOL), Prodigy or Compuserve. The Company does specify that this Service does work with an IBM type PC, a true dial-up account with graphical Internet access (not a shell account), and Microsoft Internet Explorer 6 (or greater) or Netscape Navigator 6.2 (or greater). In addition, Applicant or Member understands that the Service may occasionally be unavailable during brief periods of maintenance of the Service. 18.12. Applicant or Member covenants and understands that any attempt to access this Service is at his or her sole option and assumes any and all risks in doing so. Applicant or Member is responsible for his or her own actions and agree to hold this Service and the Company completely irrevocably, harmless from the actions of said Applicant or Member. 18.13. Applicant and/or Member assumes any and all responsibility and liability for transmitting data or material(s) and all contents of said data, at his or her own risk, to or from this Service's Web Server, by any known or unknown telecommunications method including but not limited to, local or national telecommunications lines, telephone service or data lines belonging to any entity or natural person, in any State, local community, County, City, Municipality, Commonwealth or Country, geo-stationary satellites, cellular or digital, or any combination or methods of service applicable thereto and thereof. 18.14. Applicant and/or Member are prohibited from soliciting this Services' membership for any product, service, website, or anything other than the expressed purpose of this Service as an internet personals and social networking Service.
19. NO ACCESS WHERE PROHIBITED BY LAW
The services and activities provided under this SUA may not be used where prohibited by law. All parts of the following countries: Afghanistan, Algeria, Chad, Germany, Kuwait, Indonesia, Iran, Iraq, Jordan, Lebanon, Libya, Micronesia, Morocco, North Korea, Pakistan, The Sudan, The Republic of China, Singapore, Saudi Arabia, Somalia, Syria, The United Arab Emirates, Yemen, all areas subject to Sharia law Islamic law based on the Koran Islamic law and some of the material or content provided by the Service may be prohibited under the laws of the listed countries. All locations within the territories of every political entity in which accessing, viewing, downloading, dissemination of, or other use of the sexual materials depicted on or available through the Service, is prohibited by law or would otherwise constitute a violation of any regulation, rule or custom.
20. NO FALSE INFORMATION
You will not provide inaccurate, misleading or false information to the Company or to any other user. If information provided to the Company or another user subsequently becomes inaccurate, misleading or false, you will promptly notify the Company of such change.