September 2, 2014 at 10:13 am #6374BrandybeeParticipant
THIS USER AGREEMENT IS NOT WRITTEN BY ME OR THE OTHER FORUM MODERATORS.
ACHAT'S AND FUNNYADULTGAMESPLAY.COM'S USER AGREEMENT
(“Agreement”, “Terms of service”)
The present agreement governs the relationship between http://www.funnyadultgamesplay.com (“Website”) with the AChat Client Software (“Product”) (hereinafter “Company”, “us” or “we”) and the user (hereinafter “you”, “they”, “user”). The scope of the present terms shall apply to this website and Product for their services, services of the its affiliate entities including joint ventures, subsidiaries, parent and sister companies and any other related corporate entity.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THE PRODUCT
This Agreement must be completed, understood and agreed to by a person over 18. If you are not yet 18, or are accessing this Product from any country where material contained in the Product is prohibited or illegal, please leave now, uninstall the Product and stop using it immediately (Avoid Product Use) as you do not have permission to access the Product. If you falsify your profile, your age and further use our Website or product illegally then it shall be solely your liability. By engaging Services offered by us, the user acknowledges that you are legally capable of entering into binding contracts as well.
NO PERSONS UNDER THE AGE OF EIGHTEEN YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THE PRODUCT OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE PRODUCT. YOU HEREBY ACKNOWLEDGE THAT MATERIALS PRESENTED AT AND DOWNLOADABLE FROM Funnyadultgamesplay.com INCLUDE VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI- SEXUAL, HOMOSEXUAL, AND TRANSEXUAL SEXUAL SITUATIONS, THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS.
We do not encourage you to use our services if any of our services are illegal in your country or region or it is prohibited to use a service/product of USA. By using our services, you accept that it is legal in your country, territory or region to use our services or our kind of services. We shall not be liable for any illegal access of our services on your part.
We do not accept reservations to any term of the aforementioned documents.
ACCEPTANCE OF TERMS THROUGH USE
We reserve the right to change or modify any of the terms & conditions contained here or any policy or guideline of the Website, Product at any time without any notice. Any changes will be effective upon posting of the revisions on the Website. If you do not agree to these Terms or any modification, do not register or continue to use the service, this Website and the Product.
Our services and products are offered exclusively to private users. We reserve the right to exclude anyone and everyone from participation in chat, community and shop and reserve the right to close any user account at any time for any reason without any prior notice.
We offer paid membership account to allow our users to enjoy the all the features of our Website and Product such as chat, games, shopping and joining community.
Our membership is limited to countries where nudity, making and selling of explicit content is permitted. If you are accepting our membership from a region where it is not allowed, you certify to hold us harmless against any proceedings.
During the registration process, you will need to first register for an account by choosing a unique LOGIN ID. The LOGIN ID must not be offensive, be deceptive or misleading, may not offend common decency or infringe the intellectual property rights of third parties. We reserve the absolute right to replace or amend any username without prior notice.
During the registration process, the user also chooses a password. The user account may be used only by the user and not by anyone else. The password is only asked when logging in. You are responsible for keeping your user account password confidential and will not ever be provided to anyone else. The moment the password is generated by machine, it is transferred to you without any delay. The user id and password are non-transferable. You agree that your user account may only be used by you and not by anyone else. All details, which you provide to us, either during the registration process or at any time thereafter must be true. We reserve the right to run checks with third party agencies using the information you provide us on registration. For other information such as shipping address, email address, and telephone number are required at the time of registration and the information you provide us must be true.
Once all the information is provided, your account is created.
USER POSTED OR PUBLISHED CONTENT
I. The user shall agree to provide us-
i. True, accurate and authentic information during the time of registration which may include but is not limited to: You are eighteen (18) EIGHTEEN years of age or older.
ii. Any secondary information, which might be required during the payment procedure for shopping or other payment.
II. The user shall use the services of the Website and Product in highly ethical manner without resorting to abusive or offensive content.
III. The user shall not post anything on our Website and Product which may be and can be taken as harmful to the interests of our Website, Product or associated companies.
IV. The users shall have the liberty to post comments in forums, provide suggestions or proposals to our Website or Product through the Website's Support Form. However, in no event, we are required to
i. Maintain any confidentiality of your submission, comment, proposal or information.
ii. Respond or accept your suggestions, comment, proposal, information or submission in any way.
We may employ your suggestions, submissions, information, comment or proposals without any prior notice, compensation or credit to you.
V. The user shall be solely responsible for any liability that arises due to the content posted by him through our services. You shall bear all responsibility for any defamatory, libellous, offensive, objectionable and abusive content you post.
The user hereby agrees to indemnify us or any sister companies for any liability that it may have to incur due to the user posted content.
VI. We reserve the right to repost, store, distribute, transfer and transmit any user posted content without any prior consent of the user.
VIII. The following is a partial list of the kind of Content that is illegal or prohibited on the Website and in the Product. We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
i. is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. harasses or advocates harassment of another person;
iii. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
iv. promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
v. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
vi. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
vii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
This Agreement incorporates by reference the Product Submission Rules if the Product allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. User shall not assign or transfer this Agreement and any such transfer shall be void.
PRODUCT SUBMISSION RULES
By using features of the Product that allow you to post or otherwise transmit information to or through the Product, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content — including text, communications, video, software, images, sounds, data, or other information — that:
* Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene or otherwise in violation of the Product's rules or policies
* Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
* AChat has a zero-tolerance policy against child pornography. If we become aware of content with child pornography, we will report it to the appropriate authorities and delete the accounts of those involved with the distribution.
* It is not allowed to sell any pictures or videos for A$. Users, who do 'picture trading' can be banned without preliminary warning.
* Infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party
* Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling
* Unauthorized publishing of people's private and confidential information, such as depiction, credit card numbers, Social Security numbers, driver's and other license numbers, or any other information that is not publicly accessible
* Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
* Impersonates any person or entity, including any employee or representative of the Product, its licensors or advertisers
* Formulates a statement or a question about other users in the personal data (e.g. in the user profile fields)
* Advertises web sites, products or services
* Claiming that you are not over the age of 18
You also agree that you shall not harvest or collect information about the users of the Product or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications for any other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate prior verifiable express parental consent.
The Product generally does not pre-screen, monitor, or edit the content posted by users of the Product. However, the Product and its agents have the right, at their sole discretion, to remove any content that, in the Product's sole judgment, does not comply with User posted or published content or Product submission rules or is otherwise harmful, objectionable, or inaccurate. The Product is not liable for any failure, delay, damages or results, in removing such content.
You agree that your use of the Product may be suspended or terminated immediately upon receipt of any notice which alleges that you have used the Product in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of the Product may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of the Product shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of the Product for such disclosure.
The Company reserves the right to revise these Product submission rules at its discretion, so check back from time to time to be sure you are complying with the current version.
DUTIES OF THE USER
i. The user at all the times, use the account in a lawful and ethical manner, which shall not be in conflict of the intent and purpose of the service.
iii. The user shall not use the account to propagate hatred, disaffection or discontent among the local government or use our services for any political purpose.
Nothing in this clause shall obligate us to delete any or all of the reported content, which it deems to be not in violation of any law of the aforementioned policies.
v. The user shall strictly refrain from using abusive, obscene, defamatory, demeaning, libellous, threatening and offensive language while using our services. The user shall also refrain from using his posts to hurt religious sentiments of any person. NO content shall be sexually, racially, regionally or in any way objectionable.
vi. The user shall not initiate or indulge in any activity that aims at disrupting, harming, overburdening of our system servers, computers and technical resources that have been employed to provide you with our services or facilitate the same.
vii. The user shall not try to gain unauthorized or illegal access into our databases, user files and folders at any time.
viii. The user shall not try to gain unauthorized and unlawful access to accounts registered by other users to access our services.
ix. The users at no point of time use this service to commit a crime or facilitate the same.
x. The user shall at no time infringe the intellectual property rights of third parties.
xi. The users must refrain from collecting and using personal information of other users without our and user's express permissions.
xii. The user shall not include in member profile any telephone number, street addresses, last names, URLs, messenger ID's or email addresses.
The users shall be solely responsible for their actions and interactions on the Website, in the Product, or while using the services of our Website or Product. In no event, we shall be held liable or be required to compensate or involve in the resolution of any kind of dispute between two members.
Notwithstanding anything said in this clause, nothing shall prevent Company from becoming a party to these disputes.
We reserve the rights to terminate the account of users, who have, due to their public display of dispute, have tarnished the image and popularity of our Website or Product or may do so in future.
We reserve the right to cancel your account for any reason whatsoever at any time without notice to you. Your account may be cancelled if:
1. You are not eighteen (18) EIGHTEEN years of age or older.
2. You are found to be cheating or attempting to defraud the Website or Product, or if you make untrue and/ or malicious comments with regard to the operations of our Website or Product, we reserve the right to circulate this information to banks, credit card companies, and appropriate agencies.– CONTINUED on to NEXT POST –September 2, 2014 at 10:16 am #89206BrandybeeParticipant– CONTINUED FROM ABOVE –
LICENSE TO USE THE PRODUCT
Upon your agreement to this Agreement, the Company hereby grants you a non-exclusive, non-transferable limited license to use the Product in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this Website and in the Product. You agree not to make any false or fraudulent statements in your use of or to gain access to the Product. You acknowledge and agree that all content and services available in the Product are property of the Company and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S., Canada and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors. You agree to pay for any and all purchases and services made using your name and credit card or other approved billing mechanism through this Website, not to challenge any such charges and to pay for all collections and/or attorney’s fees resulting from any non-payment.
Except as may be explicitly permitted through the Product's content the Product and via related content delivered by this Website that all content is for the sole private viewing pleasure and individual use of the User. The User agrees not to sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from source materials, source code or copyrighted content on or from the Product. Systematic retrieval of data or other content from the Product to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for resale or any other purpose not expressly permitted in this Agreement is prohibited.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via the Product. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
You agree, that you will not use any modification of the Product found on other sites or received from outside the download area of Company's Website. You are fully responsible for damages caused by this type of misuse of the Product.
You agree that if you are issued a LOGIN ID (username, nickname) and Password by the Company, you shall use your best efforts to prevent access to the Website and Product through your LOGIN ID and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a LOGIN ID and Password not easily guessed by a third party.
Accessing the Website, Product, their services, contents, except as expressly allowed through instructions and truthful statements by the User in regard to use of the Website, Product, from places where their contents are illegal, is prohibited. Those who choose to access the Website, Product from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws. By using the Website, Product, you agree that you are not a citizen of or a resident in any of known restricted countries.
You agree that you shall comply with all applicable export and import control laws and regulations in your use of the Website, Product, or materials or services received through the Website, Product, and, in particular, you shall not export or re-export anything on or received through this Website, Product in violation of local or foreign export laws and/or without all required national or international government licenses.
USER'S LICENSE GRANT TO WEBSITE AND PRODUCT
Except with regard to personal information, all information which you post on the Website, in the Product or communicate to the Company through the Website, Product (collectively “Submissions”) shall forever be the property of the Company. You agree to the site submission rules found here, if provided by Company, as part of this Agreement. The Company shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without limitation, the Company shall have exclusive ownership of all present and future existing rights to any submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your submission does not infringe the rights of any third party.
OWNERSHIP, TRADEMARKS and COPYRIGHTS
Except as otherwise indicated, this Website, Product and its entire contents (collectively, the “Materials”), including, but not limited to, the photos, videos, graphic animations, text, information, material, software and graphics contained on this Website or in the Product, are owned by our Company, and its affiliates. Copyright, trademark, and other intellectual property laws and treaties protect the Materials. We make no proprietary claim to any third party names, trademarks or service marks appearing on this Website or in the Product. Any third party names, trademarks, and service marks are the properties of their respective owners. Except as provided in the next sentence, the Materials may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without our prior written permission.
You may download one (1) copy of the Materials on a single computer only for your personal, non-commercial, internal use. You may not (i) modify the Materials or use them for any commercial purpose, or any other public display, performance, sale, or rental, (ii) decompile, reverse engineer, or disassemble software materials, (iii) remove any copyright notice or other proprietary notices from the Materials, or (iv) transfer the materials to another person.
THIRD PARTY SITES
You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read such sites' Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of the Company, are not monitored or reviewed by the Company, and the Company is not aware of the contents of such sites. You acknowledge that the Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of that site by the Company, its advertisers or licensors, or any association with its operators and is provided solely for your convenience. You agree that the Company and its licensors have no liability whatsoever from such third party sites and your usage of them.
DISCLAIMER OF WARRANTIES
THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCT, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE WEBSITE, PRODUCT, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEBSITE, PRODUCT. ALL INFORMATION AND USE OF THE PRODUCT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE PRODUCT, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE PRODUCT AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE PRODUCT, INCLUDING ALL EXPESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THE PRODUCT ARE ACCURATE, RELIABLE OR CORRECT; THAT THE PRODUCT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, ALTHOUGH COMPANY WILL DO ITS BEST EFFORT TO KEEP PRODUCT VIRUS, MALWARE AND ERROR FREE. YOUR USE OF THE PRODUCT IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE WEBSITE, PRODUCT, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE PRODUCT (INCLUDING THE CONTENT OF ALL CHAT MESSAGES), OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE PRODUCT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of the Website, Product, or any services, information or products from the Product, or any violation of this Agreement. The Company reserves the right, at it own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defences.
Company may suspend or terminate this Agreement or User's use immediately upon receipt of any notice which alleges that User has used the Product for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Company may disclose the User's identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.
CHOICE OF LAW
The Website, Product (excluding third party linked sites) is controlled by the Company from its offices. It can be accessed from all countries around the world to the extent permitted by site. As each of these places has laws that may differ from Company's country law, by accessing the Website, Product, you agree that the statues and laws of country of owner of the Website's domain shall apply to any actions or claims arising out of or in relation to this Agreement or your use of the Website and the Product, without regard to conflicts of laws principles thereof. You also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of country of owner of the Website's domain and any legal proceedings shall be conducted in Website's domain owner's local language. The Company makes no representation that materials in the Product are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. The United Nations Convention on Contracts for the Sale of Goods shall not govern this Agreement.
ELECTRONIC AGREEMENT; NOTICE
You understand and agree that we transact with our users electronically and, therefore, we may provide you with required notices and terms electronically, either by sending you an e-mail to the address that you have provided to us, or by posting a notice on the appropriate Web page. By using the Website, Product or registering with us, you represent that you have the necessary equipment, software and internet access to read, review, print and store any terms or notices that we provide to you. Your affirmative act of either (i) accessing and using our Website, and/or (ii) registering with us, and/or (iii) accessing and using our Product, and/or (iv) providing a Submission, constitutes your electronic signature to this Agreement. You acknowledge that these Terms may not be denied legal effect or enforceability solely because this Agreement was formed electronically.
Our Website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. We assume no liability for the content of external link and we cannot take any responsibility for the content, data protection, or privacy practices of third party websites.
The failure of us to exercise, avail or enforce any right or provision of these terms of services shall not constitute a waiver of such right or provision. These terms of services constitutes the entire agreement between you and us and govern your use of the test, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the terms of services).
You can always contact us via Website's Support Form for any trouble, confusion or dispute regarding our terms of service. We do not accept reservations to our policy.October 2, 2021 at 7:09 pm #176109
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