A. By entering and using the website http://www.Premium.Chat and Premium.Chat Widgets on third party websites and by exchanging chat messages ("Messages") with Chat Sellers affiliated with the website (collectively, the "Site") you agree to be bound by this agreement ("Terms and Conditions"). These terms and conditions are a binding agreement between you and FutureQuest Marketing, Inc. a corporation organized under the laws of the State of Florida (the "Company").
B. The Company is engaged in the business of providing billing services for paid chat messaging to Chat Sellers (" Chat Sellers"), on the basis of which Chat Sellers provide paid chat messaging service (as defined below) to site visitors of the Site ("you", or "Chat Buyers").
C. It is clarified that all such services provided by Chat Sellers ("Chat Sellers Services") are provided solely by and are the sole responsibility of the applicable Chat Sellers, and that the Company is not the provider of any such Chat Sellers Services to any Chat Buyer.
D. These Terms and Conditions comprise the entire agreement between the Company and you, superseding any prior agreements between the Company or any predecessor company and you. Please note that you may be subject to additional rules and regulations that may apply when you use specific features on the Site, in connection with your receipt of Chat Sellers Services. The Company, on behalf of the Community of Chat Sellers, shall vigorously enforce all these rules and regulations.
E. The Company may, from time to time, change the Terms and Conditions, including with respect to billing by Chat Sellers and payment of Chat Sellers by Site Chat Buyers. You agree to review the Terms and Conditions and the relevant rules and regulations periodically and to be updated of such changes. In case you do not wish to remain a Chat Buyer due to the change in the Terms and Conditions or the relevant rules and regulations, you may terminate your membership as provided herein. Please note that your continued use of the Site and any Chat Sellers Services following any change to the Terms and Conditions or the relevant rules and regulations, constitutes acceptance of all such changes.
F. You acknowledge and agree that the Site and Chat Widgets is a Messaging platform intended to be used in a digital environment and is not intended to develop relationships outside of the Site. Bypassing our billing system and/or transferring money outside of the Site for the purpose of meeting in person is strictly forbidden. Chat Sellers are forbidden from sharing with you any contact information outside of the Site.
G. Campaigns - The Company from time to time may affect marketing campaigns, and may change any campaign rules at any time, with no prior notice needed, even without cause. All campaigns are subject to these Terms and Conditions.
H. You acknowledge and agree that the Company does not and cannot control the information and content transmitted by Chat Sellers to you or the information and content transmitted by you to Chat Sellers.
2. Chat Buyer's Account
A. You certify to the Company that you are at least 18 years of age. You hereby agree to provide the Company with true, complete and up-to-date information regarding your registration and billing information. Any Chat Buyer providing the Company with information that is not true, complete and up-to-date shall not be permitted to continue to use the Site or participate in any exchange of Messages, and may be subject to civil and criminal liability.
B. Every new Chat Buyer must provide a valid email address, and a username at time of registration. Please note that you should choose your alias carefully and you may not choose or use an alias of another person, a name that is violating a third party’s intellectual property rights or an alias that is offensive, inappropriate, or misleading to the Chat Sellers (such as one that would imply that you are a famous person).
C. It is clarified that the Company owns all alias’ used on the Site.
D. You also agree to provide the Company with a valid email address, for Site verification purposes and for services quality assurance. This means that the Company can send you verification sms messages, and emails which any Chat Sellers has requested that the Company convey to you. By becoming a registered Chat Buyer of the Site, you agree to receive from the Site commercial emails about the services and products of the site.
E. You are solely and entirely liable for all of the activities on the Site, including in Messages, conducted through your account, including through your mobile phone, tablet, or computer. Please note that as a Chat Buyer you may not permit any other person to use your account or your mobile phone. You must keep your user name / password strictly confidential and may not disclose them to any person. The Site will not permit you to send Messages from phone numbers other than the one for which you are registered. You may not assign or transfer any of your rights or obligations under these Terms and Conditions, your username or your password, to any other person or entity. You must promptly inform the Company of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password.
F. Chat Buyers who are not permitted to continue to use the Site or send or receive Chat Messages may not access the Site or receive any Chat Sellers Services without the prior express written permission of the Company.
G. Cancellation of your Chat Buyer account: You may cancel your Chat Buyer account on the Site, at any time, by logging in and going to the user profile settings, selecting from the contact form, or by emailing the site administrator [email protected] via the email address associated with your account. Any request to cancel your account will be reviewed by the site administrator before cancellation occurs. In all cases of cancellation of your Chat Buyer account you will remain liable for all payments due on your Chat Buyer account as well as any liabilities arising from these Terms and Conditions.
H. Termination of your Chat Buyer account: The Company reserves the right to cause you to cease using the Site and/or exchange any Messages, at any time, and may delete your Chat Buyer account. Furthermore, in the event that the Site and/or the provision of Chat Sellers Services is terminated or suspended, all Chat Buyer accounts (of all kinds) will be terminated immediately without any prior notifications from the Company. In any such case, you will remain liable for all payments due from your Chat Buyer account as well as any other liabilities arising under these Terms and Conditions.
3. Charges, Billing and Payments
A. The Company does not charge Chat Sellers any setup fee or monthly maintenance fee to use the www.Premium.Chat website or widgets.
B. The price per minute, or flat rate are determined by Chat Sellers and are displayed to Chat Buyer before purchase thereof. These rates may be updated without notice by Chat Sellers and are provided to your at the time of beginning your Chat sessions.
C. You agree that all Chat sessions conducted using the Premum.chat platform between Chat Buyers, and Chat sellers are non-refundable. In extraordinary cases, the Company may issue refunds to Chat Buyers, in the form of Premium.Chat Credit or a refund back to the credit or debit card/s you used.
D. The Chat message service must be purchased by Chat Buyers solely from the Company through the payment methods offered on the Site. Payments required to exchange Messages with Chat Sellers may be made through the mechanisms provided on the Site and Widgets.
E. You are able to see all of your records of usage of Chat Sellers Services and other features of the Site on your personal account page. For billing inquiries, please contact the Company’s customer service at: https://premium.chat/get-in-touch.html
F. You may choose to purchase paid chat messaging services in accordance with these Terms & Conditions by credit card or by prepaid payment through our payment gateway or third-party payment processors. Credit card charges processed via third-party payment processors, are fully secured and guaranteed to ensure your absolute privacy and reliability in the amount charged. Please note that your bank may charge you an additional service fee in connection with the transaction. This fee is not charged by the Company. Please note that your credit card issuer agreement governs your use of your designated credit card in connection with the Site. You must refer to that agreement and not these Terms and Conditions regarding your rights and liabilities as a credit card holder. You hereby agree that the Company may, at its own discretion, accumulate your charges.
G. You are (and the Company is not) responsible for all charges associated with connecting to the Site, including all internet and phone charges.
H. Please note that in any case of a chargeback occurring from your credit card with regard to the purchase of paid chat messaging services, the Company shall be entitled to cause you to cease using the Site, or widgets and obtaining any Chat Sellers Services, and to terminate your Chat Buyer account immediately without notice. You will not be permitted to use the service again in such cases. If you have any questions regarding one or more of the transactions and/or regarding usage of the Site, please feel free to contact the Company’s customer service at: https://premium.chat/get-in-touch.html
4. Premium.Chat Website Content
In order to enable the Community of Chat Sellers to provide Chat Sellers Services through the Company and to facilitate the provision of services by the Company to the Chat Sellers, you agree as follows:
You do not have any ownership or proprietary interest or claim in any of the information and content (in any format whatsoever) on the Premium.Chat Site or transmitted pursuant to provision of the Chat Sellers Services. All such information and content is either owned by the Company or the various Chat Sellers (as the case may be) and is subject to any agreement as to ownership thereof between the Company and the Chat Sellers). Any content provided by you is hereby licensed by you to the Company pursuant to Section below, and you shall have no claims, demands or suits in this respect.
Though the Company does screen its Chat Sellers to determine that they are the people they represent themselves to be, it is clarified that the Company does not prescreen and is not responsible for the content and information published and/or displayed pursuant to the provision of any Chat Sellers Services (including in any Messages) or other features of the Site. However, the Company shall have the right to remove content. In addition, the Company shall be entitled to cause you to cease using the Site and obtaining any Chat Sellers Services, and to terminate your Chat Buyer account immediately, in the event that the Company deems that any content transmitted in a Message which you sent or any content with which you are otherwise connected is harmful, offensive, abusive, or otherwise violates these Terms and Conditions.
All materials on the Site, including pursuant to the provision of any Chat Sellers Services, are proprietary, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and United States and/or worldwide copyright laws, and may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission from the Company. By submitting content and/or information to any "public area" on the Site, such as forums, message centers and sending Messages you grant the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content and/or the information and/or to incorporate it in other works in any form, media or technology, for the full term of any rights that may exist in such content. In doing so, the Company shall not publish, share, or distribute any of your identifying information.
The name “Premium Chat” and "Premium.Chat" are protected by United States and international trademark law as are other brand names on the Site.
Please note that some of the features of the Site and Chat Sellers Services may contain content that is inappropriate for minors. You acknowledge that the Company cannot, and does not intend to, screen information and content transmitted on the Site or pursuant to the provision of the Chat Sellers Services, in advance. Therefore, the Company shall not be held liable for any of the content provided by Chat Buyers and/or Chat Sellers on the Site or pursuant to provision of the Chat Sellers Services. However, the Company may, at its sole discretion, choose to monitor some or all of the content.
5. Code of Conduct
It is hereby clarified that in any event that the Company decides that any conduct by a Chat Buyer restricts or inhibits the Company, any other Chat Buyer and/or Chat Sellers, person or entity from using or enjoying the Site or any Chat Sellers Services, the Company shall be entitled to cause you to cease using the Site and obtaining any Chat Sellers Services, and to terminate your Chat Buyer account immediately without notice.
You are hereby committed to use the Site and any Chat Sellers Services for lawful purposes only.
Under no circumstances will you use the Site and/or any Chat Sellers Services and/or your account to do the following:
Promote or transmit any unlawful, illegal, harmful, threatening, abusive, harassing, defamatory, hateful, racially, ethnically; in the form of text content, video, website links or images.
If you Harass, embarrass, or cause distress, unwanted attention or discomfort upon the Company, another Chat Buyer and/or Chat Sellers and/or user of the Site or any other person or entity; Disturb any other Chat Buyer and/or Chat Sellers while on the Site; Impersonate any person or entity, including but not limited to a minor or an official representative of the Company; Post or transmit, or cause to be posted or transmitted on the Site or pursuant to any of the Chat Sellers Services any materials advertising any business other than the Site; Or seek to obtain any password, account, or private financial information from any Chat Buyer and/or Chat Sellers the Company shall be entitled to cause you to cease using the Site at anytime and to terminate your Chat Buyer of Chat Seller account immediately without notice.
6. Chat Seller Account
You certify to the Company that you are at least 18 years of age. The company has the right to verify your age in order to use the service. You hereby agree to provide the Company with true, complete and up-to-date information regarding your registration and billing information. Any Chat Seller providing the Company with information that is not true, complete and up-to-date shall not be permitted to continue to use the Site or participate in any exchange of Messages, and may be subject to civil and criminal liability.
Relationship of the Parties
Chat Sellers are independent contractors of Premium.Chat, and nothing in this Agreement shall be construed to create any association, partnership, joint venture, employee, or agency relationship between an advisor and Premium.Chat for any purpose. Neither party shall have or hold itself out to any third party as having any authority to make any statements, representations, or commitments of any kind or to take any action that shall be binding on the other, except as provided for in this Agreement or authorized in writing by the party to be bound.
As independent contractors, Chat Seller shall not be eligible to participate in any vacation, group medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits or benefit plans offered by Premium.Chat to its employees. Premium.Chat shall not be responsible for withholding or paying any income, payroll, Social Security, or other federal, state, or local taxes, making any insurance contributions, including for unemployment or disability, or obtaining worker's compensation insurance on Chat Sellers' behalf. As an independent contractor, each Chat Seller shall be independently and solely responsible for any income, sales and use, or other tax which Chat Seller may be or become obligated to pay by virtue of Chat Sellers receipt of any fees or other remuneration. Chat Sellers shall be responsible for, and shall indemnify Premium.Chat against all such taxes or contributions including penalties and interest.
Premium.Chat's responsibilities for Services you provide are subject to restrictions and limitations. The Chat Buyer who receives Services from a Chat Selles through the Site or widgets is solely responsible for payment of any and all fees for the Transaction. Premium.Chat shall not be obligated to pay any Chat Buyer fees that have not been fully paid by the Chat Buyer or Chat Buyer's credit card issuer, bank, or other payment method. You (a) appoint Premium.Chat as your limited agent where applicable to receive payments on your behalf for Services you provide and (b) agree that receipt by Premium.Chat of any such payment constitutes receipt by you and satisfies the Chat Buyer’s obligation to make such payment to you. The Transaction fees less Premium.Chat's commissions set forth below, any tax withholdings required by law, and any refunds, discounts, chargebacks and chargeback fees payable by Premium.Chat shall be paid to the Chat Seller that provided the Services.
7. Chat Fees and Payout Scale
You may charge Chat Buyers, Chat Fees either using a price per-minute fee or flat rate fee as part of the listed rate for your Chat Seller paid messaging services. Chat fees encompass a range of all transaction types on the Premium.Chat platform, including pay per minute sessions, flat rate sessions, media/content sales, and tips.
Chat Sellers will receive a monthly payout of 60% (sixty) to 80% (eighty) percent of the Net Chat Fees for all transactions types on the platform. The payout rate percentage will increase, as monthly Chat Buyer fees increase on the following sliding scale.
"Net Chat Fees" means the aggregate per-minute or flat rate fees, media/content sales, and tips charged to your Chat Buyers less chargebacks, chargeback fees, and refunds.
Net Chat Fees Payout Scale
$1 to $19,999 per month (60%)
$20,000 to $34,999 per month (65%)
$35,000 - $49,999 per month (70%)
$50,000 - $74,999 (75%)
$75,000+ Per month (80%)
8. Chat Buyer Fee Payouts
A. Chat Buyer fee payouts will be sent monthly to Chat Sellers in U.S. dollar denominations on the 10th of the month (by the close of the day aprox 5PM Eastern Standard Time) for the previous full calendar month of Chat Buyer sales. The minimum payout amount is $10.00 USD for PayPal or ACH transfers. If the balance is lower than $10.00 it will be paid once the balance reaches $10.00 or greater. The minimum payout amount is $50.00 USD for Payoneer payouts.
B. You may register in your Premium.Chat Seller account to receive payouts by direct deposit via ACH (US only) by providing your routing and account number, or by PayPal, or Payoneer (US and worldwide) by providing your email. For ACH you must have a registered U.S. bank account that is eligible for ACH transfers and otherwise meets the direct deposit requirements set forth under the Request Direct Deposit section of your account. Premium.Chat reserves the right to terminate a Chat Seller’s ability to receive funds by at any time without reason or notice if fraud or suspicious transactions are conducted.
C. You are solely responsible for (i) all hardware, software and other costs incurred in using the Site, and (ii) determining, collecting, reporting and paying any applicable state and federal sales, income or other taxes. Premium.Chat may withhold taxes from amounts received by Chat Sellers as required by law and reserves the right in its sole discretion to suspend or close a User account until accurate tax information, including, but not limited to, a Taxpayer Identification Number (TIN), is collected.
D. Premium.Chat reserves the right in its sole discretion to institute a chargeback policy as Premium.Chat deems appropriate. Premium.Chat reserves the right to hold your fees without notice for any transaction for which it believes in its sole discretion the Chat Buyer or Chat Buyer’s bank may not fulfill his or her payment obligation. Premium.Chat reserves the right to hold funds for transactions it deems suspicious, and may release those funds at a later date to the Chat Seller once the risk has lessened.
E. In the event that a Chat Buyer initiates a chargeback with respect to Chat Buyer fees, Premium.Chat maintains the right to impose a charge of up to $35.00 USD per each chargeback in order to fully offset the fee incurred by the merchant bank provider.
F. Premium.Chat reserves the right to close a Chat Seller account at any time without reason, including, but not limited to, a violation of this Payment Policy, upon notice to the Chat Seller. In such event, any remaining unrestricted funds shall be sent to the Chat Seller.
G. Premium.Chat reserves the right to restrict payments of Chat Buyer fees, and/or terminate or restrict a Chat Seller account for any of the following reasons:
Reports of unauthorized or unusual account or credit card use
Transactions for testing purposes (prior contact and written authorization is required by Premium.Chat)
Reports of unauthorized or unusual bank account use
Receipt of potentially fraudulent funds
Excessive disputes or chargebacks
Refusal to cooperate in an investigation or provide confirmation of identity when requested
Sending unsolicited email or posting referral links on websites where they are not permitted
Opening multiple Chat Seller accounts under different names to facilitate fraudulent activity
Chat Sellers transacting using Chat Buyer accounts directly or indirectly.
Chat Sellers self referring acounts belonging to the Chat seller to generate additional referral fees.
Suspected violations of the User Agreement
Name on the bank account associated with the User account does not match the name on the Chat Seller account
Return of an incoming Electronic Funds Transfer for insufficient funds in the bank account, incorrect bank routing number or incorrect bank account number
Use of an anonymizing proxy or vpn
Any other circumstances which cause Premium.Chat to believe that a Chat Seller account may be being used for fraudulent purposes
If your Chat seller account is identified for review, you may be notified by email, or other methods and requested to provide information relevant to your Chat Seller account. Premium.Chat will use reasonable efforts to promptly investigate the matter and /or reach a final decision on the restriction. If the investigation result is in your favor, Premium.Chat will remove the restrictions from your Chat Seller account. If the investigation result is not in your favor, Premium.Chat may continue to restrict your Chat Seller account for up to one hundred eighty (180) days or close your User account with or without notice. If Premium.Chat closes your Chat Seller account, a payment for any undisputed funds will be sent to your electronically. If you are later determined to be entitled to any disputed funds, a deposit in the amount of such funds will be sent to the payment address that you specify.
9. Referral Program
Premium.chat's Referral Program offers an opportunity for users to refer chat sellers to our platform and receive commission payouts based on the referred sellers' earnings. This program operates on a two-tier structure, where commission is earned at both the first and second level of referrals and will be paid to you for as long as you have an active account on the Premium.Chat platform.
A. Commission Payouts
First Level Referrals: Users will receive a commission payout of 2.5% on the net sales generated by the chat sellers they directly refer to Premium.chat. These referred sellers are considered first level referrals.
Second Level Referrals: In addition to the first level referral commission, users can also earn a commission payout of 2.5% on the net sales generated by chat sellers who are referred to Premium.chat by the user's first level referrals. These referred sellers are considered second level referrals.
For example, if User A refers Chat Seller B, and Chat Seller B refers Chat Seller C, User A will receive a 2.5% commission on the net sales of Chat Seller B (first level) and a 2.5% commission on the net sales of Chat Seller C (second level).
B. Payout Schedule
Commission payouts for the Referral Program will be processed on a monthly basis, according to Premium.chat's chat seller payout schedule. The payout will be made to the user's designated payment method, as provided in their account settings.
C. Prohibited Referrals
Users are strictly prohibited from referring themselves, their own websites, or any companies or entities directly or indirectly tied to the user. Engaging in such activity will be considered a breach of the terms and conditions of Premium.chat's Referral Program.
D. Consequences of Breach
If a user is found to be in breach of the Referral Program terms and conditions, including but not limited to prohibited referrals, Premium.chat reserves the right to cancel the user's account, withhold any pending commission payouts, and take appropriate legal action. By participating in the Referral Program, users agree to adhere to these terms and conditions and acknowledge the potential consequences of any breach.
10. Emails and Spam
AS A RESPONSIBLE VISITOR OF THE CYBER COMMUNITY THE COMPANY MAINTAINS A STRICT POLICY FORBIDDING ANY THIRD PARTY FROM SENDING ANY SORT OF PROMOTIONAL EMAILS ON BEHALF OF THE COMPANY OR THE SITE - SOLICITED OR UNSOLICITED.THIS MEANS WE GO BEYOND MERELY PROHIBITING SPAMMING. TO MAKE THINGS EVEN CLEARER WE DON’T LET ANYBODY ELSE SEND ANY EMAILS ON OUR BEHALF. MOREOVER, THE COMPANY ITSELF ONLY SENDS EMAILS TO PERSONS WHO HAVE REGISTERED ON THE SITE. THESE TWO POLICIES MAKE UP OUR STRONG "ANTI-SPAM POLICY". We do allow Chat Buyers to send a very small number of emails to friends and family via the Site. Although this function is very limited, i.e., it is not possible to transmit commercial quantities of emails via this function, abuse will nevertheless not be tolerated. Abuse of this function will result in the Company causing you to cease using the Site and obtaining any Chat Sellers Services, and terminating your Chat Buyer account immediately. Please see our Anti-Spam Policy for further information including details of how to report violations of these policies.
11. Disclaimer of Warranties
THE SITE AND ANY CHAT SELLER SERVICES ARE PROVIDED TO YOU "AS IS", "WITH ALL FAULTS", "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED AND TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS OR CONTENT OF THE SITE AND ANY CHAT SELLER SERVICES OR THE ABILITY OF THE SITE OR ANY CHAT SELLER SERVICES TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE; (II) ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE (III) ANY WARRANTIES WITH REGARD TO THE ACCURACY OR COMPLETENESS OF OR ERRORS IN THE CONTENTS OR FUNCTIONING OF OR THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE USE OF THE SITE OR ANY CHAT SELLER SERVICES; (IV) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (IV) ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF THE COMPANY IN THE SITE AND ANY CHAT SELLER SERVICES, OR ANY WARRANTY THAT THE SITE OR ANY CHAT SELLER SERVICES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED TO YOU OR TO ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF PERFORMANCE, BUG, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE SITE OR ANY CHAT SELLER SERVICES OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR (2) THAT THE FUNCTIONS PERFORMED BY THE SITE OR ANY CHAT SELLER SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE OR ANY CHAT SELLER SERVICES WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION/VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE SITE AND ANY CHAT SELLER SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
12. Limitation of Liability
IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES OR SUPPLIERS OR THE COMPANY’S/ITS AFFILIATES’/SUPPLIERS’ OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS, OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, AND ANY OTHER KIND OF DAMAGE), OR ANY OTHER DAMAGES ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, OR INABILITY TO USE, THE SITE OR ANY CHAT SELLER SERVICES, EVEN IF THE COMPANY OR ANY CHAT SELLER WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CHAT SELLER SERVICES OR YOU HAVE ANY DISPUTE WITH THE COMPANY OR ANY CHAT SELLER IN CONNECTION WITH THE SAME OR THESE TERMS AND CONDITIONS THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE AND THE CHAT SELLER SERVICES.
13. Third Party Links and Products
VIA OR IN CONNECTION WITH THE SITE AND THE COMMUNICATION SERVICES WE MAY PROVIDE YOU WITH LINKS TO OTHER WEBSITES, AND OFFERS FOR PRODUCTS AND SERVICES, OF THIRD PARTIES. WE HAVE NO CONTROL OVER SUCH SITES OR OVER SUCH PRODUCTS AND SERVICES. WE ARE NOT RESPONSIBLE FOR AND DO NOT ENDORSE (A) THE CONTENT OF SUCH THIRD PARTY SITES, (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES OR (C) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES. NOR ARE WE RESPONSIBLE FOR THE AVAILABILITY OF SUCH SITES OR PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES.
14. Adult Activities
PARTS OF THE SITE, INCLUDING ALL MESSAGES, ARE DESIGNED AND INTENDED SOLELY FOR CONSENTING ADULTS - WHO ARE AT LEAST 18 YEARS OLD (21 IN AL, MS, NE, WY, AND THE AGE OF MAJORITY, OR 18, WHICHEVER IS GREATER, IN ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY) WHO ARE INTERESTED IN AND WISH TO HAVE ACCESS TO VISUAL IMAGES, TEXTUAL DESCRIPTIONS AND OTHER FEATURES AND/OR PRODUCTS OF A SEXUALLY ORIENTED, EROTIC NATURE. THE MATERIALS (INCLUDING ANY PRODUCTS, FEATURES OR SERVICES) WHICH ARE AVAILABLE WITHIN THIS SITE AND VIA THE CHAT SELLER SERVICES MAY INCLUDE GRAPHIC VISUAL DEPICTIONS AND DESCRIPTIONS OF NUDITY AND SEXUAL ACTIVITY AND SHOULD NOT BE ACCESSED BY ANYONE YOUNGER THAN 18 YEARS OLD (21 IN AL, MS, NE, WY, AND ANY THE AGE OF MAJORITY, OR 18, WHICHEVER IS GREATER, IN ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY) OR WHO IS OFFENDED BY SUCH MATERIALS OR WHO DOES NOT WISH TO BE EXPOSED TO SUCH MATERIALS. BY ACCESSING THE SITE YOU ARE MAKING THE FOLLOWING STATEMENTS:
"UNDER PENALTY OF PERJURY, I SWEAR/AFFIRM THAT AS OF THIS MOMENT, I AM AN ADULT, AT LEAST 18 YEARS OF AGE (21 IN AL, MS, NE, WY, AND ANY THE AGE OF MAJORITY, OR 18, WHICHEVER IS GREATER, IN ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY). I PROMISE THAT I WILL NOT PERMIT ANY PERSON(S) UNDER 18 YEARS OF AGE (21 IN AL, MS, NE, WY, AND ANY THE AGE OF MAJORITY, OR 18, WHICHEVER IS GREATER, IN ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY) TO HAVE ACCESS TO ANY OF THE MATERIALS (INCLUDING ANY PRODUCTS OR FEATURES) CONTAINED WITHIN THIS SITE OR VIA THE CHAT SELLER SERVICES. I UNDERSTAND THAT WHEN I GAIN ACCESS TO THIS SITE AND THE CHAT SELLER SERVICES, I WILL BE EXPOSED TO VISUAL IMAGES, VERBAL DESCRIPTIONS, AUDIO SOUNDS AND OTHER FEATURES AND/OR PRODUCTS OF A SEXUALLY ORIENTED, FRANKLY EROTIC NATURE, WHICH MAY INCLUDE GRAPHIC VISUAL DEPICTIONS AND DESCRIPTIONS OF NUDITY AND SEXUAL ACTIVITY. I AM VOLUNTARILY CHOOSING TO DO SO, BECAUSE I WANT TO VIEW, READ AND/OR HEAR THE VARIOUS MATERIALS AND/OR ORDER AND ENJOY THE USE OF SUCH FEATURES, WHICH ARE AVAILABLE, FOR MY OWN PERSONAL ENJOYMENT, INFORMATION AND/OR EDUCATION. MY CHOICE IS A MANIFESTATION OF MY INTEREST IN SEXUAL MATTERS WHICH, I BELIEVE, IS BOTH HEALTHY AND NORMAL AND WHICH, IN MY EXPERIENCE, IS GENERALLY SHARED BY AVERAGE ADULTS IN MY COMMUNITY. I AM FAMILIAR WITH THE STANDARDS IN MY COMMUNITY REGARDING THE ACCEPTANCE OF SUCH SEXUALLY ORIENTED MATERIALS, AND THE MATERIALS I EXPECT TO ENCOUNTER ARE WITHIN THOSE STANDARDS. IN MY JUDGEMENT, THE AVERAGE ADULT IN MY COMMUNITY ACCEPTS THE CONSUMPTION OF SUCH MATERIALS BY WILLING ADULTS IN CIRCUMSTANCES SUCH AS THIS WHICH OFFER REASONABLE INSULATION FROM THE MATERIALS FOR MINORS AND UNWILLING ADULTS, AND WILL NOT FIND SUCH MATERIALS TO APPEAL TO A PRURIENT INTEREST OR TO BE PATENTLY OFFENSIVE. I FURTHER REPRESENT AND WARRANT THAT I HAVE NOT NOTIFIED ANY GOVERNMENTAL AGENCY, INCLUDING THE U.S. POSTAL SERVICE, THAT I DO NOT WISH TO RECEIVE SEXUALLY ORIENTED MATERIAL."
15. Restricted Locations
THE SITE AND CHAT SELLER SERVICES MAY NOT BE ACCESSED, VIEWED, DOWNLOADED OR OTHERWISE RECEIVED IN ANY COUNTRY OR LOCATION IN WHICH DOING SO WOULD, OR COULD BE DEEMED A VIOLATION OF ANY LAW, REGULATION, RULE, ORDINANCE, EDICT OR CUSTOM. WITHOUT DEROGATING FROM THE ABOVE, THE COMPANY MAY RESTRICT OR DENY ACCESS TO THE SITE TO VISITORS IN ANY COUNTRY OR LOCATION AT ANY TIME AT ITS SOLE DISCRETION, AND SHALL NOT BE HELD LIABLE IN ANY WAY BY ANY SITE VISITOR (INCLUDING IN CONNECTION WITH LOSS OF TEXTPAL CREDITS) IN SUCH RESPECT.
You shall indemnify and hold the Company, the owners and operators of the Company and the Site as well as their officers, directors and employees harmless, against any and all expenses and/or losses, including reasonable attorney fees, incurred by the Company in connection with any claims of any kind, that result directly or indirectly from your activities in connection with the Company including without limitation on the Site or via the Chat Sellers Services. Such claims shall include, without limitation, claims in respect of any violation of law in any Messages.
Notices by the Company to you may be given by means of electronic messages through the Site, by a general posting on the Site, or by conventional email. Notices by you to the Company may be given by electronic messages, conventional mail, telephone or fax unless otherwise specified in these Terms and Conditions.
To the extent that a court of competent jurisdiction determines that any specific term or terms of these Terms and Conditions is/are unenforceable, the other terms of these Terms and Conditions will continue in full force and effect.
No employee, agent or representative, including without limitation any customer service representative or Chat Sellers, of the Company shall be entitled to waive any term of these Terms & Conditions on behalf of the Company.
20. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to the principles thereof relating to conflict of laws.