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| Terms for Online HotChat lines - Chat Service, USA
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TERMS OF USE FOR Xouk.com HotChat lines |
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| When you sign up for any service ("Service")
within the Xouk.com
group of communities (i.e. Xouk.com), you agree to all of the terms
and conditions of this Agreement. |
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Please read the following terms and conditions carefully, as they form the agreement between
you and either Xouk.com or, if you are in the United States, our respective subsidiary, licensee
or agent. If you do not agree to these terms and conditions, you may not use the Service. By
using the Service after January 1, 2007, you are agreeing to be bound by this Agreement, including
all amendments made to date. We reserve the right to amend or modify this Agreement at any time
with no prior notice to you. Any usage by you of any tool or service that we provide subsequent to
the modification of this Agreement is your express indication to us that you agree to be bound by
each and every term and condition of the subsequent, modified Agreement, as published on our
site for your review.
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| User Agreement |
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| This Agreement constitutes
your agreement with Xouk.com, with respect to your use of the Service. You
must agree to abide by all of the terms and conditions
contained in this Agreement in order to become or
remain an authorized user of the Service. As used
in this Agreement, "we" and "us"
means Xouk.com or any successor
or assign of Xouk.com.
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| Right to Use |
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| Your right to use the Service
is subject to any limitations, conditions and restrictions
established by us from time to time, in our sole
discretion. We may alter, suspend or discontinue
any aspect of the Service at any time, including
the availability of any Service feature, database
or content. We may also impose limits on certain
features and aspects of the Service or restrict
your access to parts or all of the Service without
notice or liability. |
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| Adult |
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| You represent, warrant and
covenant that you are at least 14 years or older and has billpayer
permission to use the service. |
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| Code of Conduct |
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| You agree to use the Service
in accordance with the following Code of Conduct: |
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| a. |
you will
keep all information provided to you through
the Service as private and confidential and
will not give such information to anyone without
the permission of the person who provided
it to you; |
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| b. |
you will
not use the Service to engage in any form
of harassment or offensive behavior, including
but not limited to the posting of communications
or recordings which contain libelous, slanderous,
abusive or defamatory statements, or racist,
pornographic, obscene, or offensive language; you may not use our service or products to violate any law or regulation of any State, United States, or alien government. |
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| c. |
you will
not use the Service to infringe the privacy
rights, property rights, or any other rights
of any person; |
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| d. |
you will
not post messages or recordings or use the
Service in any way which violates, plagiarizes
or infringes upon the rights of any third
party, including but not limited to any copyright
or privacy or other personal or proprietary
rights, or is fraudulent or otherwise unlawful
or violates any law; |
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| e. |
you will
not use the Service to promote any solicitation
for funds, advertising or solicitation for
goods or services; and |
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| f. |
you will
not post or transmit in any manner any contact
information including, but not limited to,
telephone numbers, postal addresses, e-mail
addresses, web sites, or full names through
your publicly posted information. |
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| Fees & Payments: |
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| a. |
When the service is accessed by your phone, you
agree to a specified charge for each message received by you.
In addition to the specified charge, your mobile operator may also
charge standard text messaging fees depending on your phone plan.
The charges will appear in you mobile operator
phone bill. You shall pay the charge in full and it is not refundable. |
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| d. |
THE USE OF OUR SERVICE AND THE PURCHASE
OF MINUTES IS NON-REFUNDABLE. |
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| e. |
You agree
to pay or have paid all fees and charges incurred
in connection with your use of the
Service (including any applicable taxes) at
the rates in effect when the charges were
incurred. All fees and charges are non-refundable.
We may change the fees and charges in effect
for using the Service, or add new fees or
charges, by posting new fees and changes on
the site from time to time. You also are responsible
for any fees or charges incurred to access
the Service through the mobile phone system,
including but not limited to mobile phone charges,
long distance charges or other phone charges.
YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING
ANY AMOUNTS INCURRED BY
A THIRD PARTY USING YOUR PHONE, WHICH WERE NOT AUTHORIZED BY
YOU. |
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| Privacy and Use of Information |
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| By using the services you
have also agreed to our Privacy Statement. You acknowledge
that (a) we cannot
ensure the security or privacy of information you
provide through the phone system using your voice or text
messages, and you release us from any and all liability
in connection with the use of such information by
other parties; (b)
we are not responsible for, and cannot control,
the use by others of any information which you provide
to them and you should use caution in selecting
the personal information you provide to others through
the Service; and (c)
we cannot assume any responsibility for the content
of messages sent by other users of the Service,
and you release us from any and all liability in
connection with the contents of any communications
you may receive from other users. We cannot guarantee,
and assume no responsibility for verifying, the
accuracy of the information provided by the Service. |
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| You may not use the Service
for any unlawful purpose. We may refuse content
that impersonates someone else, is protected by
proprietary law, or is vulgar or otherwise offensive,
as determined by us in our sole discretion. |
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| Monitoring of Information |
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| We reserve the right to monitor
all advertisements, public postings and messages
to ensure that they conform to the content guidelines
that may be applicable from time to time. |
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| Removal of Information |
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| While we do not and cannot
review every message sent by users of the Service,
and are not responsible for any content of these
messages, we reserve the right, but are not obligated,
to delete or move content including without limitation
profiles, public postings and messages, that we,
in our sole discretion, deem to violate the Code
of Conduct set out above or any applicable content
guidelines, or to be otherwise unacceptable. You
shall remain solely responsible for the content
of profiles, public postings and messages you may
record to the Service or send to the users of the
Service. |
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| Termination of Access to
Service |
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| We may, in our sole discretion,
terminate or suspend your access to all or part
of the Service at any time, with or without notice,
for any reason, including, without limitation, breach
of this Agreement. Without limiting the generality
of the foregoing, any fraudulent, abusive, or otherwise
illegal activity, or that may otherwise affect the
enjoyment of the Service or the Internet by others
may be grounds for termination of your access to
all or part of the Service at our sole discretion,
and you may be referred to appropriate law enforcement
agencies. |
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| Proprietary Information |
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| The Service contains information
which is proprietary to us our partners, and our
users. We assert full copyright protection in the
Service. Information posted by us, our partners
or users of the Service may be protected whether
or not it is identified as proprietary to us or
to them. You agree not to modify, copy or distribute
any such information in any manner whatsoever without
having first received the express permission of
the owner of such information. |
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| No Responsibility |
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| You acknowledge that we are
not responsible for the outcome of your use of the service or
the suspension of the Service, regardless
of the cause of the interruption or suspension.
Any claim against us shall be limited to the amount
you paid, if any, for use of the Service during
the previous 3 months. We may discontinue or change
the Service or its availability to you at any time,
and you may stop using the Service at any time.
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| Security |
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| Your account is private and
should not be used by anyone else. You are responsible
for all usage or activity on the Service by users
using your account, including but not limited to
use of your account, phone, by any third party. |
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| Indemnity |
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You agree to indemnify us,
our officers, directors, employees and agents, from
any loss or damages, including without limitation
reasonable legal fees, which we may suffer from
your activities on or use of the Service, including
without limitation any breach by you of this Agreement
or any charges or complaints made by other parties
against you. You shall cooperate as fully as reasonably
required in the defense of any claim. We reserve
the right to assume the exclusive defense and control
of any matter otherwise subject to indemnification
by you; provided, however, that you shall remain
liable for any such claim.
We are not responsible nor liable for the content of other websites that
link to or are linked from our site. You accept full responsibility for clicking
any links on our site and release us from all liabilities.
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| No Warranties |
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| The Service is distributed
on an "as is" basis. We do not warrant
that this Service will be uninterrupted or error-free.
There may be delays, omissions, and interruptions
in the availability of the Service. Where permitted
by law, you acknowledge that the Service is provided
without any warranties of any kind whatsoever, either
express or implied, including but not limited to
the implied warranties of merchantability and fitness
for a particular purpose. You acknowledge that use
of the Service is at your own risk. We do not represent
or endorse the accuracy or reliability of any profile,
advice, opinion, statement or other information
recorded or distributed through the Service by Xouk.com, our partners or any user
of the Service or any other person or entity. You
acknowledge that any reliance upon any such opinion,
member profile, advice, statement or information
shall be at your sole risk. |
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| Your continued use of the
Service now, or following the posting of notice
of any changes in this Agreement, will constitute
a binding acceptance by you of this Agreement, or
any subsequent modifications. |
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| We may modify this Agreement
from time to time. Notification of changes in this
Agreement will be posted on the Service as we may
determine in our sole discretion. If you do not
agree to any modifications, you should terminate
your use of the Service. Your continued use of the
Service now, or following the posting of notice
of any changes in this Agreement, will constitute
a binding acceptance by you of this Agreement, or
any subsequent modifications. |
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| Disclosure and Other Communication |
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| We reserve the right to send
you voice or text messages, for the purpose of informing
you of issues, changes or additions to the Service,
or of any Xouk.com related
products and services. We reserve the right to disclose
information about your usage of the Service and
demographics in forms that do not reveal your personal
identity. |
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| And by your use of the Service,
you consent to such disclosures and communications
subject to the terms of our Privacy Statement. |
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| Law |
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If any provision in this Agreement
is invalid or unenforceable under applicable law,
the remaining provisions will continue in full force
and effect. Jurisdiction of Law shall solely be in San Diego, California.
This Agreement will not be governed
by the United Nations Convention on Contracts for
the International Sale of Goods.
This Agreement will be governed by and construed in accordance with the internal
laws of the State of California, excluding that body of laws known as choice of law or conflict
of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out
of or relating to this Agreement will be resolved through mandatory binding arbitration conducted
in San Diego, California, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to
the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement.
The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration
Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"),
subject to the provisions of this Section. The terms set forth in this Agreement will control in the event
of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS
and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties
fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand
to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The
award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment
on the arbitrator's award will be final and binding upon the parties and may be entered in any court having
jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration
shall be conducted in accordance with the commercial arbitration rules of the American Arbitration
Association. The arbitrator's fees will be shared equally by the parties and each party will initially bear
its own costs and attorneys' fees, but the prevailing party shall be reimbursed by the other party for all
attorneys fees, witness fees, and arbitration costs. All papers, documents, or evidence, whether written
or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties
and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance
with these provisions will not have the power to alter, amend or otherwise affect the terms of these
arbitration provisions or the provisions of this Agreement.
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| Assignment: |
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| You do not have the right
to assign this Agreement or any of your rights to
the Service to anyone. Xouk.com
has the right to assign any or all of its rights
and duties under this Agreement or to the Service
to any third party. At the election of Xouk.com, if Xouk.com's obligations hereunder are assumed
by a third party, Xouk.com
shall be relieved of any and all liability under
this Agreement. |
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Enjoy Online HotChat lines |
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HotChat lines
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