Terms of Service

1. Your Acceptance

A. By using and/or visiting this website including all content and functionality available through the Chatshock.com domain name, the "Chatshock Website", you signify your agreement to these terms and conditions (the "Terms of Service"). If you do not agree to any of these terms or the Chatshock privacy notice, please do not use the Chatshock Website.

2. Chatshock Website

A. These Terms of Service apply to all users of the Chatshock Website, registered members and non-members. The Chatshock.com Website includes but is not limited to all products, software and services offered via the website.

B. The Chatshock Website contains links to third party websites that are not owned or controlled by Chatshock. Chatshock has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Chatshock will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Chatshock from any and all liability arising from your use of any third-party website.

C. The Chatshock Website contains access to third party "Video Chat" services that may be viewed from within a Chatshock Website page by using frames or API access. The "Video Chat" services are functions of third party websites. Chatshock has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party "Video Chat" services. In addition, Chatshock will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Chatshock from any and all liability arising from your use of any third-party "Video Chat" service.

3. Chatshock Accounts

A. In order to access some features of the Website, you will have to create a Chatshock account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Chatshock immediately of any breach of security or unauthorized use of your account.

B. You may be liable for the losses of Chatshock or others due to unauthorized use of your account.

4. Permissions and Restrictions

Chatshock hereby grants you permission to access and use the website, provided that you agree not to distribute in any part of the Website without Chatshock's prior written authorization. You agree not to access user submissioned content or Chatshock Content through any technology or means other than the pages of the Website itself. You agree not to use the Website for any commercial use, without the prior written authorization of Chatshock. Chatshock reserves the right to discontinue any aspect of the Chatshock Website at any time.

5. Your Use of Content on the Site

A. The content on the Chatshock Website, except user submitted content, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to the owner of chatshock.com, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use. Chatshock reserves all rights not expressly granted in and to the Website and the Content.

B. You understand that when using the Chatshock Website, you will be exposed to user submitted content, and that Chatshock is not responsible for the accuracy or intellectual property rights of or relating to such content. You also understand and acknowledge that you may be exposed to user submitted content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Chatshock with respect thereto, and agree to indemnify and hold Chatshock, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

C. You must be 18 years of age or older to use any "Video Chat" services available via the Chatshock Website. If you are not 18 years of age or older you do not have permission to access, view or broadcast video, audio or text using the "Video Chat" services available via the Chatshock Website. "Video Chat" services that may be viewed from within a Chatshock Website pages contain user generated content that may be of mature subject matter. The "Video Chat" services are functions of third party websites. Chatshock has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party "Video Chat" services. In addition, Chatshock will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Chatshock from any and all liability arising from your use of any third-party "Video Chat" service.

6. Your Submissions and Conduct

A. As a Chatshock account holder you may submit content and post text. You understand that whether or not your content is published, Chatshock does not guarantee any confidentiality with respect to any user submitted content.

B. Chatshock is a family safe site, we will not approve user submissions that may mature content. We reserve the right to remove any submissions that we feel does not meet our criteria for a family safe enviornment or may not be suitable for minors.

C. You shall be solely responsible for your own content submissions and the consequences of posting or publishing them. You affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Chatshock to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all submitted content to enable inclusion and use of the submitted content in the manner contemplated by the Website and these Terms of Service.

D. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Chatshock all of the license rights granted herein.

E. Chatshock does not endorse user submitted content or any opinions, recommendations, or advice expressed therein, and Chatshock expressly disclaims any and all liability in connection with user submissions. Chatshock does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Chatshock will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Chatshock reserves the right to remove Content and User Submissions without prior notice.

F. Prohibited Actions: You agree that the following actions are prohibited. Prohibited actions are not limited to this list and the Chatshock Website reserves the right to determine what is inappropriate use of the Chatshock Web site. In the case of inappropriate use, the Chatshock Website or its designee may take such measures as it determines in its sole discretion.

  1. Use the Web site, Content or Services for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules.
  2. Violate any code of conduct or other guidelines applicable to Communication Services.
  3. Actions that may adversely affect performance of the Web site or restrict or inhibit any other user from using and enjoying the services or the Web site.
  4. Abuse, harass, stalk, bully, threaten or discriminate against others or otherwise violate the rights of others or reveal another users' personal information.
  5. Publish, post, upload, distribute or broadcast any inappropriate content. The chatshock website strictly prohibits content that is obscene, indecent, sexually explicit, pornographic, nude, unlawful. 
  6. Harvest or otherwise collect information about others, including email addresses, without their consent.
  7. Download any file or material posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  8. Falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source.
  9. Engage in any other action that by our discretion may cause potential liability or detriment of any type. 

7. Termination Policy

A. Chatshock reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or illegal material. Chatshock may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

8. Content

A. The ChatShock.com website is intended to be a family safe site. You must be 18 years or older to register for an account to access members only categories and "Video Chat" features. If you are under 18 years of age, please do not register or view the information available through the members area of the website. We are not acting in any way to send you this information; you are choosing to receive it! Registration for a members account means that you understand and accept responsibility for your own actions, thus releasing the creators of this Web page and our service provider from all liability. 

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE CHATSHOCK WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CHATSHOCK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CHATSHOCK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CHATSHOCK WEBSITE. CHATSHOCK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CHATSHOCK WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CHATSHOCK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

10. Limitation of Liability

IN NO EVENT SHALL CHATSHOCK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CHATSHOCK WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT CHATSHOCK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Chatshock from its facilities in the United States of America. Chatshock makes no representations that the Chatshock Website is appropriate or available for use in other locations. Those who access or use the Chatshock Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

11. Indemnity

You agree to defend, indemnify and hold harmless Chatshock, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Chatshock Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Chatshock Website.

 

12. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Chatshock Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Chatshock Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

13. General

Chatshock reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Chatshock Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND CHATSHOCK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CHATSHOCK WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

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