Glossary of terms:
“We”, “Our” or “Chatcolate” refers to Chatcolate.com
“You” or “User” refers to either Chatcolate.com visitors (which means you are just browsing the website on any internet-enabled device, including mobile) or a registered Chatcolate.com user.
“Content” refers to the profile, any form of information, text, images, services, products that You uploaded to Chatcolate.
Acceptance of terms
Chatcolate reserves all rights to amend the Agreement at all times and such modification will be effective upon posting on Chatcolate.com, We reserve the right to update the Agreement without notice to You. You are bound to the Agreement and all future amendments to the Agreement as long you continue accessing all materials and services of the Site. You are advised to review this Agreement at all times to keep yourself updated of any amendments made to the Agreement.
Please be wary and take precaution of the information you post on or through Chatcolate Services and that you make available directly or indirectly to other Users. Chatcolate is not liable to any responsibility if your personal information is leaked out in any form. Any Content that you upload to Chatcolate (your Chatcolate profile and materials) may not include any form of Prohibited Content, as stated in Section 8 below. At the same time, Chatcolate holds no responsibility or liability for Content provided by other Chatcolate Users which may violate any prohibitions stated in the Agreement. You are encouraged to report the matter if you encounter any person who may have breached/violated the prohibitions stated in the Agreement, please report the matter via email to abuse@Chatcolate.com, the email must include your email and link to the Content suspected of violation.
Chatcolate reserves all rights, in its sole discretion, to reject, refuse to post or remove any posting of any Content by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Chatcolate Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Chatcolate reserves the right to remove any or all of your Content and/or to deny, restrict, suspend, or terminate your access to all or any part of the Chatcolate Services if Chatcolate determines, in its sole discretion, which you have violated this Agreement or pose a threat to Chatcolate and/or its Users.
1. Membership. Use of the Chatcolate Services and/or registration to be a Member for the Chatcolate Services (“Membership”) is void where prohibited. By using the Chatcolate Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Chatcolate Services does not violate any applicable law or regulation.
2. Termination. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you are using the services and Content in Chatcolate. You may terminate your Membership at any time, for any reason, by following the instructions on the “Close Account” page. Chatcolate may suspend or terminate your Membership at any time, without giving prior warning, without any reason, with or without prior notice or explanation, and without liability. Even after the termination of Membership and/or your use of the Chatcolate Services, this Agreement will remain in effect in all terms stated in the Agreement.
3. Service charges Members are limited to one free account per person. Your Chatcolate account is solely for your own personal use and benefit. You are restricted to the file size, bandwidth, and storage limitations related to your account type. Chatcolate reserves the right to charge for any portion of the Chatcolate Services and to change its fees (if any) from time to time in its discretion, in which you must pay in full all the charges which are applied upon you. If Chatcolate terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Password. You are advised to set a password with strong security. You are entirely responsible for maintaining the password confidentiality. You may not disclose your password to any third party in any format. You are advised to notify Chatcolate immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Usage by Users. Chatcolate disallow any form of usage with commercial purposes other than the commercial services provided by Chatcolate: photo trading, to take place unless it is authorised by Chatcolate. Illegal and/or unauthorized use of the Chatcolate Services, including collecting personal information, usernames, user id, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, marketing, chain-mailing, spamming, or unauthorized framing of or linking to the Site, or using any channels to promote profiles for money, is prohibited. Any unauthorised advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from any Content without notice or explanation and may result in suspension or termination of Membership privileges. Chatcolate reserves the right to take appropriate legal action for any illegal or unauthorized use of the Chatcolate Services.
6. Proprietary Rights in Content on Chatcolate.
6.1 Chatcolate does not claim any rights in the Content that you post on or through the Chatcolate Services. By posting any Content on or through the Chatcolate Services which you marked as “public” or you grant access rights to selected Users, you hereby grant to Chatcolate and the public/selected users a non-exclusive, free-of-charge and royalty-free, worldwide, limited rights to duplicate, change, distribute, and reproduce the contents in any form, any format via any channel (except Content marked “private” will not be distributed outside the Chatcolate Services). Please take note under the above circumstances that Chatcolate and/or other Users may duplicate, change, distribute, and reproduce publicly available Content outside of the Chatcolate Services, including without limitation, via the Site or third party websites or applications, which may be used for commercial purposes without prior acknowledgement. If you do not wish for this to happen, you are strongly advised to set your Content rights to “Private”. After you remove your Content from the Chatcolate Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license to such Content will terminate. If after we have distributed your Content outside the Chatcolate Website you change the Content’s privacy setting to “private,” we will cease any further distribution of such “private” Content outside the Chatcolate Website as soon as practicable. However, Chatcolate is not liable and do not hold any responsibility to stop distribution by other Users after you change the privacy settings to “Private”.
6.2 You guarantee that: (i) you possess ownership upon the Content posted by you on or through the Chatcolate Services or otherwise have the right to grant the rights set forth in this section, (ii) the posting and use of your Content on or through the Chatcolate Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Chatcolate Services. Chatcolate is not liable to any claims or lawsuits if your Content is found to violate any of the Terms and regulatory laws.
6.3 The Chatcolate Services contain Content of Chatcolate (“Chatcolate Content”). Chatcolate Content is protected by copyright, trademark, patent, trade secret and other laws, and Chatcolate owns and retains all rights in the Chatcolate Content and the Chatcolate Services. Chatcolate hereby grants you a limited, revocable, non sub-licensable rights to reproduce and display the Chatcolate Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Chatcolate Services. Chatcolate may revoke your rights to continue use of Chatcolate services without prior reason.
6.4 The Chatcolate Services contain Content of Users and other Chatcolate licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Chatcolate Services.
6.5 Chatcolate performs technical functions necessary to offer the Chatcolate Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Chatcolate Services.
6.6 Chatcolate is dedicated to provide top notch photo hosting services to you. However there may be occasions due to unforeseen circumstances which may result in unwanted interruption or failure in Chatcolate services, possibly including the possible lost of your Content. You are strongly advised to always keep a personal copy of your Content in your personal offline electronic media or other types of media. Chatcolate will not be liable to you for any modification, suspension, or discontinuation of the Chatcolate Services, or the loss of any Content
7. Content Posted.
7.1 Chatcolate may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Chatcolate violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Chatcolate assumes no responsibility for monitoring the Chatcolate Services for inappropriate Content or conduct. However, on both free and PRO accounts, and regardless of whether the Content is public or private, Chatcolate may choose to monitor such Content at any time, in its sole discretion. If at any time Chatcolate chooses to monitor the Chatcolate Services, Chatcolate nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on or through any of the Chatcolate Services, and any material or information that you transmit to other Users and for your interactions with other Users.
8. Content/Activity Prohibited. You must use the Chatcolate Services in a manner consistent with any and all applicable laws and regulations. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Chatcolate Services. Chatcolate reserves the right to investigate and take appropriate legal action against anyone who, in Chatcolate’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Chatcolate Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Chatcolate:
8.1 is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2 harasses or advocates harassment of another person;
8.3 exploits people in a sexual or violent manner;
8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
8.5 solicits personal information from anyone under 18;
8.6 publicly posts information that poses or creates a privacy or security risk to any person;
8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.8 constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work;
8.9 involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
8.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.13 involves commercial activities and/or sales without prior written consent from Chatcolate such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.14 includes a photograph or video of another person that you have posted without that person’s consent; or
8.15 violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the Site and through the use of the Chatcolate Services. Chatcolate reserves the right to investigate and take appropriate legal action against anyone who, in Chatcolate’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.16 criminal or tortuous activity, including child pornography or erotica, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, “pyramid scemes,” Ponzi schemes, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
8.17 advertising to, or solicitation of, any User to buy or sell any products or services through the unauthorized or impermissible use of the Chatcolate Services. You may not transmit any chain letters or junk email to other Users.
8.18 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Chatcolate Services
8.19 Forging any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or Chatcolate Services to send altered, deceptive, or false source-identifying information;
8.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.21 interfering with the access of any User, host or network to the Site;
8.22 covering or obscuring the banner advertisements on your personal profile page, or any Chatcolate page via HTML/CSS or any other means;
8.23 including any HTML, CSS or other coding on your personal profile page, including, without limitation, any hidden or otherwise surreptitiously contained code in the Content which is unrelated to the immediate aesthetic nature of the Content;
8.24 any automated use of the system, such as, but not limited to, using scripts to send images or videos;
8.25 interfering with, disrupting, or creating an undue burden on the Chatcolate Services or the networks or services connected to the Chatcolate Services;
8.26 impersonating or attempting to impersonate another User, person or entity;
8.27 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.28 selling or otherwise transferring your profile;
8.29 using any information obtained from the Chatcolate Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.30 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Chatcolate Services on behalf of that person or
8.31 deleting, or in any manner altering, the copyright, trademark, or other proprietary rights notices appearing on any Content except your own Content;
8.32 using any meta tags or other hidden text or metadata utilizing a Chatcolate name, trademark, URL or product name without Chatcolate’s express written consent;
8.33 attempting to probe, scan or test the vulnerability of any Chatcolate Service or breach any security or authentication measures;
8.34 collecting or store personal data about other users without their express permission;
8.35 impersonating or misrepresenting your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise committing fraud; or
8.36 using the Chatcolate Services in a manner inconsistent with any and all applicable laws and regulations.
8.37 defamation of other Users including Chatcolate.
9. Member Disputes. You are solely responsible for your interactions with other Members. Chatcolate reserves the right, but has no obligation, to resolve or arbitrate disputes between you and other Members.
10. Disclaimers. Chatcolate is not responsible for and makes no warranties, express or implied, as to the Content or the accuracy and reliability of the Content posted on or through the Chatcolate Services, whether caused by Users of the Chatcolate Services or by any of the equipment or programming associated with or utilized in the Chatcolate Services and such Content does not necessarily reflect the opinions or policies of Chatcolate. Profiles and third-party applications created and posted by Users on the Site may contain links to other websites. Chatcolate is not responsible for the content; accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Chatcolate. Inclusion of any linked website on the Chatcolate Services does not imply approval or endorsement of the linked website by Chatcolate. When you access these third-party sites, you do so at your own risk. Chatcolate takes no responsibility for third-party advertisements or third-party applications or services that are posted on or through the Chatcolate Services, nor does it take any responsibility for the goods or services provided by its advertisers or third party websites or applications. Chatcolate is not responsible for the conduct, whether online or offline, of any User of the Chatcolate Services. Chatcolate assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Chatcolate is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Chatcolate Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Chatcolate Services. Under no circumstances shall Chatcolate be responsible for any loss or damage, including personal injury or death, resulting from use of the Chatcolate Services, from any Content posted on or through the Chatcolate Services, or from the conduct of any Users of the Chatcolate Services, whether online or offline. The Chatcolate Services are provided “AS-IS” and as available and Chatcolate expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Chatcolate cannot guarantee and does not promise any specific results from use of the Chatcolate Services.