Chative.com is a website for adult users to view each others' profile and initiate online video chats, give each other virtual gifts and various other services (collectively, our Service"). Your use of our Service is subject to the Terms of Service herein (these "Terms"). The terms "you", "your" and "yourself" each means the person who accesses the Service.
This agreement is made between you and chative.com. By accessing the Service, you accept these Terms and agree to the terms, conditions referenced herein regardless if you are a free or a paid user. Your use of the service constitutes your agreement to these Terms.
We Reserve the right to make changes to these terms at any time. Your continued use of our Service constitutes your agreement to such changes. Accordingly, you should review these Terms periodically for such changes.
1. Lawful Use
By using our Service, you agree to act appropriately and use the service for legitimate purpose only. You agree not to: (a) use the information available through our Service for any unlawful, unauthorized purpose, (b) stalk or harass any other user of our Service, (c) collect or store any information about any other user other than in the course of the permitted use of our Service,(d) interfere with or damage our Service in anyway (e) use our Service to transmit, distribute, post or submit any information concerning any other person or entity,(f) violate any applicable law or regulation, (g) infringe the rights of any third party, including without limitation, intellectual property, privacy rights, (h) use our Service for any commercial purpose whatsoever, (i) impersonate any person or entity, (j) remove any copyright, trademark or other proprietary right notices contained in the Service, (k) modify, adapt, sublicense, translate, sell,reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or our Site or any software used on or for the Service, (l) assist any third party in doing any of the foregoing. We reserve the right to terminate your use of our Service immediately, should one or more foregoing activities be identified.
Our Service is not intended for minors (whose age is under 18), we will not knowingly permit anyone under the age of 18 to use our Service. By using our Site and/or using the Service, you represent and warrant that you are at least 18 years old and have the right, authority and capacity to accept these Terms and abide by all of the terms and conditions set forth herein.
3. Your Conduct
You warrant that you will not conduct any explicit sexual and/or pornographic video chat through our Service. Your use of the Service will be banned permanently should we determine such inappropriate, wrongful or unlawful conduct.
You are solely responsible for your interactions with other users, including the content of communications. We will not be responsible for any damage or harm resulting from your interactions with other users of our Service.
You are aware that we do not screen users, nor do we inquire into the backgrounds of our users or attempt to verify their statements. We make no representations or warranties as to the conduct of our users. We reserve the right, but have no obligation, to monitor all interactions between you and other users and to take any action in good faith to restrict access to or the availability of any material that we or another user of our Service may consider to be obscene, lascivious, filthy, excessively violent, explicitly sexual, harassing or otherwise objectionable.
You should excise caution when you interact with other users, in particular, you should not provide any financial information (such as your credit card or bank account information) to other users of our Site.
In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, consequential, compensatory, or incidental, relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of the Service.
4. Your Content
By submitting any content, including but not limited to, your photograph to our Site, you represent and warrant that the content, including your photograph, is posted by you and that you are the exclusive author of the content, including your photograph, and use of your content by us will not infringe or violate the rights of any third party.
You waive any right to be identified as the author of the content, including your photograph, and any similar rights in any jurisdiction in the world.
By submitting any content, including but not limited to your photograph, to our Site, you automatically grant, and you represent and warrant that you have the right to grant, to us, and our licensees, affiliates, successors and assigns, a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose, to prepare derivative works of, or incorporate into other works such content, and to grant and to authorize sub-licenses of the foregoing.
You are solely responsible for any content that you submit or post via our Service. You agree not to post or submit any content that: (a) contains explicit sexual, nudity, and/or pornography content,(b) exploits images of individuals under 18 years of age including in a sexual or violent manner, or solicits personal information from anyone under the age of 18,(c) is defamatory to any person or group, (d) harasses or advocates harassment of another person, (e) may denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or by promoting racism, bigotry, hatred or physical harm of any kind against any group, (f) encourages or otherwise depicts drug use, (g) makes use of offensive language or images or is offensive to the community, (h) involves the transmission of junk mail, chain letters or any form of spam, (i) promotes an illegal or unauthorized copy of another person's copyrighted work, (j) characterizes violence as acceptable, glamorous or desirable, (k) contains any illegal material or any material that infringes or violates another party's rights (l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses, (k) engages in commercial activities and/or sales without our prior written consent
We have no obligation to post any content that you submit. In addition, we may, in our sole discretion, edit, remove or delete any content that you post.
The foregoing is a partial list of the kind of content that is illegal or prohibited on our Site. We take active measures to review and filter the content deemed inappropriate or illegal. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this clause, including but not limited to, removing the offensive communications and terminating the violator's access to the Site.
5. Your Payment
You have the ability to use some, but not all, of the features and services at no cost. In order to access additional features and services, you must become a paying subscriber to the Service.
In order to provide uninterrupted service to you, your subscription to the Service consists of an original subscription period, followed by recurring periods. Your subscription will be automatically extended for successive renewal periods of the same duration as the original subscription period, at the then-current non-promotional rate. By entering into this Agreement, you acknowledge that your subscription will be subject to auto-renewals as described above and that you will be charged for the renewal subscription fees without further notice. You specifically authorize us to charge you via your selected payment method on a recurring basis for all charges without further notice or billing. You can change or cancel your subscription at any time. If you cancel, you may use the Service until the end of your then-current subscription period; but your subscription will not be auto-renewed. You shall not be entitled to a refund for any fees paid for the current term.
Our Site is for your personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses should not use the Service for any purpose.
6. Your Privacy
7. Third Party Content
You may access content from third parties ("Third Party Content"), either via our Service or through links to third party web sites. We do not control Third Party Content and make no representations or warranties. You agree that by using our Service, you may be exposed to Third Party Content that is false, offensive, or indecent. Under no circumstances shall we be liable in any way for any Third Party Content, including but not limited to, any errors or omissions or any loss or damage of any kind incurred as a result of the use of any Third Party Content. You agree that you must evaluate, and bear all risks associated with, Third Party Content, including without limitation, profiles of other users of our Service.
8. Intellectual Property
You agree that all content and materials available on our Site are protected by either our rights, or the rights of our licensors, of copyright, trademarks, service marks, patents, trade secrets or other intellectual property rights and laws. Except for that information which is in the public domain or for which you have been given express written permission by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on our Site. Notwithstanding the above, you may use the content and materials on our Site in the course of your normal, personal, non-commercial use of our Service.
You agree not to systematically retrieve data or other content or any materials from our Site to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise.
9. Termination of Service
Termination by us: You agree that we, in our sole discretion, may terminate your access to our Service for any reason, including but not limited to, your breach of these Terms. You agree that any termination of your access to our Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts and/or bar any further access to such files or our Service. Further, you agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to our Service. If we terminate your access to the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees.
Termination by you. You may terminate your subscription to the Service at any time by accessing your Account Settings or by sending a writing notice inside your account. You acknowledge that you will not be entitled to any refund of unused subscription fees upon termination of your access to our Service for any reason whatsoever.
We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Service with or without prior notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of our Service.
10. Representation and Warrants
You hereby represent and warrant to us that: (a) that you have the full power and authority to enter into and perform under these Terms, (b) your use our Service will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, (c) you will comply with all applicable laws in using our Service and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Service and (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.
You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners, agents, employees, successors and assigns harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorneys' fees, incurred in connection with any suit or proceeding brought against us arising out of your use of our Service or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and/or any of the representations and warranties set forth above.
YOU AGREE THAT:
a. IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WE DO NOT WARRANT THAT (A) OUR SERVICE WILL MEET YOUR REQUIREMENTS, (B) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS, (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. WE ARE 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 EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SITE OR THE SERVICE, ANY CONTENT POSTED ON OUR SITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.
c. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS. WE ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OUR SITE OR IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR THE SERVICE. WE ASSUME 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, USER COMMUNICATIONS.
d. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
13. LIMITED LIABILITY
a. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE, (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICE, (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, (D) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICE OR (E) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS.
b. WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.
c. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS EXCEED THE SUM OF YOUR PAYMENTS.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, please contact us and send us your notice of infringement.
15. Governing Law
These Terms shall be governed by laws of the Province of Ontario, Canada.. These Terms contain the entire understanding of the parties regarding their subject matter, and supersede all prior agreements and understandings between the parties. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. You agree that any cause of action arising out of or related to the Service or the Terms must commence within one (1) year after the cause of action arose; otherwise it is barred permanently. All provisions regarding representations and warrants, indemnification, disclaimers, and limited liability shall survive the termination of the Terms.
Updated November 25, 2010