Website Terms and Conditions

 

1)   Introduction

Chat4charity.net Term and Conditions Agreement. This legal agreement binds you and Chat4Charity.net, to all of the terms listed herein. These terms and conditions govern your use of this website; by using our website, you agree to and accept these terms and conditions in full.  If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

Our website uses cookies. By using our website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

 

2)   License to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You must NOT:

(a)      Republish material from this website (including republication on another website);

(b)      Sell, rent or sub-license material from the website;

(c)      Show any material from the website in public;

(d)      Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(e)      Edit or otherwise modify any material on the website; or

(f)      Redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter & links).

 

3)    Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

 

4)   Restricted access

Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

If [we provide you with / you generate] a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that the password is kept confidential.

You must notify us in writing immediately if you become aware of any unauthorized use of your account or password.

You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

You must not use any other person's user ID and password to access our website, unless you have that person's express permission to do so.

We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.

 

5)   User content

In these terms and conditions, "your content" means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.

You warrant and represent that your content will comply with these terms and conditions.

Your content must not be illegal or unlawful, must not infringe any third party's legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms and conditions in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

 

6)   No warranties

This website is provided “as is” without any representations or warranties, express or implied. Chat 4 Charity LLC makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Chat 4 Charity LLC does not warrant that:

          This website will be constantly available, or available at all; or

          The information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

7)   Limitations and exclusions of liability

Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms and conditions or in relation to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

-          We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

-          We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

-          We will not be liable to you in respect of any loss or corruption of any data, database or software.

-          We will not be liable to you in respect of any special, indirect or consequential loss or damage.

These limitations of liability apply even if Chat 4 Charity LLC has been expressly advised of the potential loss.

Chat 4 Charity LLC will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website.

 

8)   Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this website.

 

9)   Other parties

You accept that, as a limited liability entity, Chat 4 Charity LLC has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against [Chat 4 Charity LLC'S officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Chat 4 Charity's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Chat 4 Charity LLC.

 

10)        Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

11)        Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

12)        Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

13)        Variation

We may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of our website from the date of publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.

 

14)        Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

 

15)        Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

16)        Exclusion of third party rights

These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

 

17)        Entire agreement

Subject to the first paragraph of Section [7], these terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of this website and supersede all previous agreements in respect of your use of this website.

 

18)        Law and jurisdiction

 

 These terms and conditions will be governed by and construed in accordance with New York State law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive  jurisdiction of the courts of New York.

 

19)        Our details

The full name of our company is Chat 4 Charity LLC.

You can contact us by email to info@chat4charity.net

 

 

January 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Credit:This document was partially created using an SEQ Legal template and Contractology template available at http://www.freenetlaw.com.