|Terms of Service
| 1. ACKNOWLEDGMENT AND ACCEPTANCE|
The ChattersOnline.com Chat Room Service is provided to you ("Subscriber")
under the following Terms and Conditions of Service ("T's & C's").
The T's & C's constitute the entire agreement between Subscriber and ChattersOnline.com
and supersede all prior agreements between the parties regarding the subject
matter contained herein. BY COMPLETING THE REGISTRATION FORM AND SUBMITTING
YOUR REGISTRATION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF
THE PROVISIONS OF THE T's & C's including any modifications to the T's
& C's adopted and disseminated by ChattersOnline.com (whether via ChattersOnline.com's
web site or otherwise) in the future. Subscribers also agree with our Privacy
Policy and Chat Guidelines.
2. DESCRIPTION OF SERVICE
ChattersOnline.com provides Subscribers with a capability to create chat rooms
on the ChattersOnline.com chat network and are able to chat freely with others
on the network. Subscribers to ChattersOnline.com's free chat room service
are responsible for all activity in their rooms. All Subscribers to the Service
must be at least 13 years of age or older.
In consideration for this Service, Subscriber agrees to: (1) provide certain
current, complete, and accurate information about Subscriber and (2) maintain
and update this information as required to keep it current, complete and accurate.
All information requested upon service initiation is designated as "Registration
Data." Subscriber grants ChattersOnline.com the right to disclose to
third parties certain Registration Data about Subscriber and the Service provided
to Subscriber in aggregate form. Any disclosure of such aggregate information
to third parties will exclude Subscriber's name, mailing address, e-mail address,
mailbox and phone number unless: (1) Subscriber expressly directs ChattersOnline.com,
or any other person Subscriber may specifically designate, to disclose such
information or (2) ChattersOnline.com is required to disclose such information
by any applicable law or legal process.
If any information provided by Subscriber is found to be inaccurate, ChattersOnline.com
retains the right to terminate this subscriber agreement and the Subscriber's
rights to use the Service without notice.
3. MODIFICATIONS TO TERMS OF SERVICE
ChattersOnline.com may change the T's & C's from time to time. Upon any
change in the T's & C's, ChattersOnline.com will post news of the changes
to the "Network News" section of the ChattersOnline.com website.
If you log on to the network after these changes have been made, you will
be prompted with a warning that there has been changes. If you agree to be
bound by the changes, you must again click the "I Accept" button
that will follow the posted changes. If you do not click the "I Accept"
button, you are electing to discontinue your use of the Service.
Subscriber's subsequent continued use of the Service constitutes an agreement
by Subscriber to the revised T's & C's.
4. MODIFICATIONS TO SERVICE
ChattersOnline.com unilaterally reserves the right to modify or discontinue
the Service (including, without limitation, the right to modify the feature
set(s) applicable to both the Basic and Premium Services) with or without
notice to Subscriber.
Subscriber agrees that ChattersOnline.com shall not be liable to Subscriber
or any third party should ChattersOnline.com exercise its right to modify
or discontinue the Service.
5. PRIVACY STATEMENT
ChattersOnline.com considers chat to be private correspondence between members
It is the policy of ChattersOnline.com to respect the privacy of its Subscribers.
Therefore, in addition to the privacy of Registration Data as discussed in
Section 2 above, ChattersOnline.com will not monitor, edit, or disclose the
contents of a Subscriber's private communications unless required to do so
by law or in the good faith belief that such action is necessary to: (1) comply
with legal process served upon ChattersOnline.com; (2) protect and defend
the rights or property of ChattersOnline.com; or (3) act under apparently
exigent circumstances to protect the personal safety of its subscribers or
Subscriber acknowledges and agrees that ChattersOnline.com neither endorses
the contents of any Subscriber communications nor assumes responsibility for
any alleged threatening, libelous, obscene, harassing or offensive material
contained therein, nor any alleged crime or alleged infringement of third
party intellectual property rights arising therefrom or facilitated thereby.
ChattersOnline.com is committed to complying with laws protecting consumer
privacy including the Children's Online Privacy Protection Act ("COPPA").
To avoid non-compliance with COPPA and its implementing regulations, ChattersOnline.com
does not knowingly permit children under the age of 13 to register for the
Please refer to ChattersOnline.com's Privacy
Policy for more information regarding ChattersOnline.com's protection
of your personal information.
6. DISCLAIMER OF WARRANTIES
SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT SUBSCRIBER'S SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, AND SUBSCRIBER ACKNOWLEDGES THAT SHE/HE HAS OTHER OPTIONS FOR CHAT
AND CHAT ROOMS BUT ELECTS TO UTILIZE THE CHATTERSONLINE.COM CHAT ROOM SERVICE
UNDER THESE T's & C's.
CHATTERSONLINE.COM 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.
CHATTERSONLINE.COM MAKES NO WARRANTY THAT THE SERVICE WILL MEET A SUBSCRIBER'S
REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE; NOR DOES CHATTERSONLINE.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE SERVICE OR THAT DEFECTS FOUND IN THE CHATTERSONLINE.COM
TECHNOLOGY AND/OR THE CHATTERSONLINE.COM SOFTWARE WILL BE CORRECTED.
SUBSCRIBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR INFORMATION OBTAINED
OR OTHERWISE TRANSMITTED THROUGH THE SERVICE IS ACQUIRED AND TRANSMITTED AT
SUBSCRIBER'S OWN DISCRETION AND RISK AND THAT SUBSCRIBER WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO SUBSCRIBER'S COMPUTER SYSTEM OR ANY LOSS OF DATA RESULTING
FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
CHATTERSONLINE.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO BY SUBSCRIBER
THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SUBSCRIBER
FROM CHATTERSONLINE.COM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. HOWEVER,
SUBSCRIBER AND CHATTERSONLINE.COM AGREE THAT ALL LEGALLY APPLICABLE EXCLUSIONS
7. LIMITATION OF LIABILITY
SUBSCRIBER AND CHATTERSONLINE.COM AGREE THAT CHATTERSONLINE.COM
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM SUBSCRIBER'S USE OF OR INABILITY
TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF SUBSCRIBER'S TRANSMISSIONS OR DATA,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
TANGIBLE OR INTANGIBLE PROPERTY, EVEN IF CHATTERSONLINE.COM HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
8. NO RESALE OF THE SERVICE
Subscriber's right to use the Service is personal to Subscriber. Subscriber
agrees not to resell the Service without the express advance written consent
9. SUBSCRIBER SETTINGS STORAGE AND OTHER LIMITATIONS
ChattersOnline.com assumes no responsibility for the deletion or failure to
store various settings of nicknames, memos and room settings.
ChattersOnline.com has set a fixed upper limit on the number of memos a Subscriber
may receive through the Service, and a fixed upper limit on the period of
time that memos may be stored on the service. ChattersOnline.com retains the
right, at the ChattersOnline.com's sole discretion and at any time, to change
any of the capacity limits on storage.
ChattersOnline.com retains the right, to determine whether or not Subscriber's
conduct is consistent with the T's & C's and may terminate Service without
notice if in the exercise of the Company's sole discretion, a Subscriber's
conduct is found to be inconsistent therewith.
10. SUBSCRIBER CONDUCT (See also Section 6 above and our
Subscriber is solely responsible for the contents of Subscriber's transmissions
through the Service.
Subscriber's use of the Service is subject to all applicable local, state,
national and international laws and regulations.
Subscriber agrees: (1) to comply with US law regarding the transmission of
technical data exported from the United States; (2) not to use the Service
for illegal purposes; (3) not to interfere or disrupt chat rooms connected
to the Service; and (4) to comply with all regulations, policies and procedures
of chat rooms connected to the Service.
The Service makes use of the Internet to send and receive certain messages;
therefore, Subscriber's conduct is subject to Internet regulations, policies
and procedures. Subscriber will not use the Service for spamming or by use
of distribution lists containing any person who has not given specific permission
to be included on such a list.
Subscriber agrees not to transmit through the Service any unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable
material of any kind or nature. Subscriber further agrees not to transmit
any material that encourages conduct that could constitute a criminal offense,
give rise to civil claims of liability or otherwise violate any applicable
local, state, national or international law or regulation. Attempts to gain
unauthorized access to other computer systems are prohibited.
Subscriber shall not interfere with another Subscriber's use and enjoyment
of the Service or another entity's use and enjoyment of similar services.
ChattersOnline.com may, at its sole discretion, and without notice, immediately
terminate Service should ChattersOnline.com in the exercise of its sole discretion,
determine that Subscriber's conduct fails to conform with the T's & C's.
Subscriber agrees to indemnify and hold ChattersOnline.com, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand, including
attorneys' fees, made by any third party due to or arising out of Subscriber's
use of the Service, the violation of the T's & C's by Subscriber, or the
infringement by Subscriber, or other user of the Service using Subscriber's
telephone or computer, of any intellectual property or any other claimed right
of any person or entity.
Either Subscriber or ChattersOnline.com may terminate the Service without
cause at any time and effective immediately. Except as otherwise provided
herein, a written notice shall accompany termination to the other party. ChattersOnline.com
shall not be liable to Subscriber or any third party for termination of Service.
Should Subscriber not accept the T's & C's or any subsequent modifications
thereto or become dissatisfied with the Service in any way, Subscriber's only
recourse is to immediately: (1) discontinue use of the Service; (2) terminate
this subscriber agreement; and (3) immediately notify ChattersOnline.com of
Upon termination of the Service, Subscriber's right to use the Service immediately
ceases. Subscriber shall have no right and ChattersOnline.com will have no
obligation thereafter to forward any unread or unsent memos to Subscriber
or any third party.
Except as otherwise provided herein, all notices to a party shall be in writing
and shall be made either via e-mail or United States mail. ChattersOnline.com
may broadcast notices or messages through the Service to inform Subscriber
of changes to the T's & C's, the Service, or other matters of importance;
such broadcasts shall constitute and be in lieu of any other form of notice
14. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Subscriber may enter into correspondence with or participate in promotions
of the Advertisers offering their products on the Service. Any such correspondence
or promotions, including the delivery of and the payment for goods and services,
and any other terms, conditions, warranties or representations associated
with such correspondence or promotions, are solely between the corresponding
Subscriber and the Advertiser. ChattersOnline.com assumes no liability, obligation
or responsibility for any part of any such correspondence or promotion, or
for Subscriber's purchase or use of the goods or services of any Advertiser.
15. PROPRIETARY RIGHTS TO CONTENT
Subscriber acknowledges that content, including but not limited to music,
sound, video, graphics or other material contained in either sponsor advertisements
or e-mail-distributed, commercially produced information presented to Subscriber
by the Service ("Content") by ChattersOnline.com or ChattersOnline.com
's Advertisers, may be protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws; therefore, Subscriber is only
permitted to use this Content as expressly authorized by the Service or the
Advertiser. Subscriber may not copy, reproduce, distribute, or create derivative
works from this Content without expressly being authorized to do so in writing
by the Service or the Advertiser.
Thank You for reading our Terms of Service.