Please read the following Terms of Use (the “Terms of Use”) carefully. These Terms of Use govern your use of the ChitChat.cc, LLC application (the “Application”), and any associated Content (as defined below), material, or functionality contained on the Application (the “Services” and, collectively, the “System”). The System is the property of ChitChat.cc, LLC (as defined below) and its licensors. By accessing, browsing, downloading, using, or registering for any Services, you acknowledge that you have read and understood these Terms of Use and that you accept and agree to be bound by them in full. If you do not agree to these Terms of Use, do not use the System, or any portion thereof. Any use of the System is at the sole risk of the user. References to “ChitChat.cc, LLC” shall include ChitChat.cc, LLC and all of its members, affiliates, subsidiaries, directors, officers, agents, and employees (“ChitChat.cc, LLC”, “we”, “us”, or “our”).

Changes to the Terms of Use

We may update these Terms of Use from time to time and may amend them at any time to incorporate additional terms specific to additional features, applications, opportunities, hardware or services that we may make available on or through the System. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms of Use on the System, or providing other notice on the System. You should view these Terms of Use often to stay informed of changes that may affect you, as your continued use of the System signifies your continuing consent to be bound by these Terms of Use. We expressly reserve the right to make any changes to these Terms of Use, or to the System (and any portion thereof) at any time, without prior notice to you. Our electronically or otherwise properly stored copies of these Terms of Use and the Privacy Policy shall be deemed to be the true, complete, valid, authentic, and enforceable copy of the version of the Terms of Use and the Privacy Policy which were in force on each respective date you visited the System.

Access and Use

In these Terms of Use, “you” and “your” refer to (a) you, the individual accessing the System, and (b) the business entity on whose behalf an individual or electronic agent is accessing the System. You represent and agree that all information that you provide to ChitChat.cc, LLC in connection with your access to and use of the System is and shall be true, accurate, and complete, to the best of your knowledge, ability, and belief. We reserve the right to terminate these Terms of Use, or to refuse, restrict, or discontinue service or access to the System (or any portions, components, or features of the System) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. Failure to comply with these Terms of Use may, among other things, result in the immediate termination of your access to and use of the System.

ChitChat.cc, LLC grants you a personal, non-exclusive, non-transferable, limited license to use the System and to view or access the Services subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer (except to the extent permitted by applicable law), reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the System, the Services, or any Content available via the System. You further agree neither to modify the System, or any part thereof, in any form or manner, nor to use any modified versions of the System or the Services, for any reason whatsoever, without the express written consent of ChitChat.cc, LLC. You may not attempt to gain any unauthorized access to the System or any of its associated Content, including computer systems, software, or networks. No commercial use or redistribution of any Content, materials, or information contained on or offered through the System or the Services is permitted, unless expressly permitted on the System or otherwise specified in a prior agreement between you and ChitChat.cc, LLC.

Note that the System may (a) prompt you to grant access to your device’s camera, microphone or contacts, (b) ask you to enable location tracking, and/or (c) allow notifications to be sent to you in connection with your use of the System. In the event that you disable such access or notifications, you understand that the System will lose certain functionality.

 

Rates:
Rates vary depending on the Business User. The rates are determined by each individual Business User and are posted on their page before a purchase takes place. Amounts for a requested message are charged on a [Per Message] basis. The rate is pre-determined by the Business User and is displayed before the purchase takes place.

 

Refund Policy:
For Text, Picture, and Video Messages: You are charged when you send a message. If you do not receive the message response within 72 hours, you will be refunded. If you receive the message and there are technical issues, you can contact ChitChat.cc, LLC via email, info@chitchat.cc.

 

Privacy Policy:

ChitChat.cc, LLC’s privacy policy (the “Privacy Policy”) applies to the use of the System, and its terms are made a part of these Terms of Use by this reference. To view ChitChat.cc, LLC ‘s Privacy Policy, please see www.chitchat.cc/privacy. We encourage you to read and become familiar with our privacy practices, as described in the Privacy Policy.

 

Business User Responsibilities:
By use of the System, Business Users imply they are available to respond to direct messages and will make every attempt to respond genuinely to each paid message received. Otherwise, Business Users should disable incoming messages with the on/off feature provided via settings in the System or set their direct message costs to the highest of rate possible.

User Responsibility: No Unlawful or Prohibited Use As part of your use of the Services, you may use certain video or audio imaging or recording equipment which may require you to provide consent to record yourself and post or transmit such recordings via the System pursuant to the laws of the jurisdiction in which you are using the imaging or recording equipment. You shall be solely responsible for obtaining, maintaining, and complying with any consents which may be necessary to record and upload video or audio recordings via the System pursuant to applicable law. If your use of the Services includes use of recording devices (whether video or audio), the video/audio clips and images generated from use of such equipment are not our responsibility, and we have no control over and take no responsibility for the placement of such video or other imaging equipment and its view or what it records. You agree to use the imaging, audio recording, and associated video and photo imaging features of the Services in compliance with all laws, including privacy and consumer protection laws, and not for any illegal purposes, including invasion of privacy or illicit conduct, and we may disconnect any imaging or other equipment from access to Services if you, in our sole determination, breach this covenant. We do not guarantee the receipt, clarity or quality of any images or audio recordings that may be adversely impacted by, for example, lighting, Internet and wireless communication facilities and transmission quality, electrical interference, weather and other conditions beyond our control. With respect to the Services described in this paragraph and with respect to your use of the System in any capacity, you are responsible for complying with any and all laws of the jurisdiction from which you are accessing the System (including any use of VIDEO OR AUDIO RECORDING OR IMAGING EQUIPMENT) and any other jurisdiction whose laws apply to you or your actions. You agree that you will not access or use the System, the Content, or any other information or materials in or on the System in violation of the aforementioned laws or these Terms of Use.

Any use or attempted use of the System (i) for any unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of the System; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by ChitChat.cc, LLC to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.


In addition, in connection with your use of the System, you agree you will not: * Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; * Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any ChitChat.cc, LLC representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; * Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); * Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; * Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; * Use any of the System’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); * Upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise; * Violate any applicable local, state, national or international law; * Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright, other proprietary right, publicity, personality, privacy rights of any party; * Delete or revise any material posted by any other person or entity; * Probe, scan, test the vulnerability of or breach the authentication measures of, the System or any related networks or systems; * Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so; * Harvest or otherwise collect information about others, including e-mail addresses; or * Use any robot, spider, scraper, or other automated or manual means to access the System, or copy any Content or information on the System.
ChitChat.cc, LLC reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. ChitChat.cc, LLC may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, ChitChat.cc, LLC reserves the right at all times to disclose any information as ChitChat.cc, LLC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ChitChat.cc, LLC’s sole discretion. You also agree to reimburse ChitChat.cc, LLC for any damage, loss, cost or expense ChitChat.cc, LLC incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the System for any unlawful or prohibited purpose.

Any recordings, images, information, communications, or material of any type or nature that you submit to the System or any of our pages contained on a social media platform or website by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk and without any expectation of privacy. ChitChat.cc, LLC does not own any Submissions provided via the System. However, by uploading/inputting/submitting such Submissions, you are granting ChitChat.cc, LLC a non-exclusive, irrevocable, worldwide, sublicenseable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any way now known or in the future discovered, such Submissions (or any content or materials contained therein); except that, with respect to Submissions made pursuant to a separate agreement between ChitChat.cc, LLC and a user (i.e., a business user, celebrity, or other public figure (each a “Celebrity”) uploading recordings for viewing by fans), ChitChat.cc, LLC’s rights in such Submissions shall be limited as set forth in a separate agreement between the parties. All Submissions uploaded/inputted/submitted by you are provided at your own risk and you hereby represent and warrant that you have the full legal right to so use such Submissions and that they, and any content or material contained therein, is not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.

ChitChat.cc, LLC neither actively monitors general use of the System under normal circumstances, nor exercises editorial control over any Submissions. However, ChitChat.cc, LLC does reserve the right to monitor such Submissions or other use at any time as it deems appropriate and to remove any materials that, in ChitChat.cc, LLC’s sole discretion, may be illegal, may subject S ChitChat.cc, LLC to liability, may violate these Terms of Use, or are, in the sole discretion of ChitChat.cc, LLC, inconsistent with ChitChat.cc, LLC’s purpose for the System.

Proprietary Content:
ChitChat.cc, LLC respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort and funds to create the System and to collect and provide the features, materials, opportunities, and services that are available on or through the System. You understand and agree that ChitChat.cc, LLC owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the System and the features, materials, opportunities, and services made available on or through the System, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”) as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content. You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the System and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of ChitChat.cc, LLC or its licensors and content providers. For the avoidance of doubt, “Content” does not include any Third Party Materials or any features, opportunities, or services made available through the Linked Materials (as defined below). Except as expressly provided in these Terms of Use, no part of the System or the Services, and no Content, materials, or other information on the System or the Services, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or via any other medium for publication or distribution, or for any commercial enterprise without ChitChat.cc, LLC ‘s express prior written consent. The posting of information or other materials or Content on the System by ChitChat.cc, LLC does not constitute a waiver of any proprietary right in such information, materials, or Content (such as, but not limited to, copyright, patent, trademark, or other intellectual property rights) and does not transfer any rights to a user of the System or to any other third party, except as expressly provided herein.

Notice Regarding Copyright Agent:
If you believe that any content on the System violates or infringes upon your copyright interests pursuant to Title 17, United States Code, Section 512(c)(2), please provide a notice to the designated Copyright Agent (as set forth below) for the applicable portion of the System containing the following:

 

  • An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;

  • Identification of the copyrighted work claimed to have been infringed;

  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit ChitChat.cc, LLC to locate the material;

  • The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;

  • A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

  • A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Copyright infringement claims and notices should be sent to:

ChitChat.cc, LLC. 202 North Davis Drive PMB 520, Warner Robins, GA 31093; Attn: Michael Brown info@chitchat.cc

Disclaimer of Warranties ChitChat.cc, LLC does not promise, covenant, represent, warrant, or guarantee that you or any other user of the System will obtain any particular or tangible result or goal through the use of the System, or obtain any other product or service in connection with use of the System. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you submit to or through the System or ChitChat.cc, LLC, or that you access, use, download, or otherwise obtain on or through the System or ChitChat.cc, LLC, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines. The information, software, CONTENT, SERVICES, AND materials available from or provided on the System or via the Services, is provided “AS IS” and “AS AVAILABLE”, without warranties or guaranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. ChitChat.cc, LLC AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM, CONTENT OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SYSTEM OR THROUGH ChitChat.cc, LLC ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM AND THE CONTENT, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SYSTEM AND THROUGH ChitChat.cc, LLC ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. ChitChat.cc, LLC PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES WITHOUT NOTICE. FURTHER, ChitChat.cc, LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYSTEM OR THE SERVICES. ChitChat.cc, LLC SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SYSTEM. Limitation of Liability IN NO EVENT SHALL ChitChat.cc, LLC OR ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, AND OTHER SIMILAR ENTITIES, OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE SYSTEM, THE CONTENT, OR THE content, MATERIALS, AND SERVICES ACCESSIBLE ON OR THROUGH THE SYSTEM OR THROUGH ChitChat.cc, LLC; (B) THE USE, COPYING, OR DISPLAY OF THE SYSTEM OR THE CONTENT OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SYSTEM OVER THE INTERNET; (C) ChitChat.cc, LLC’S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS OF USE; (D) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER USERS OF THE SYSTEM, OR OTHER THIRD PARTIES; (E) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY ChitChat.cc, LLC OR ANY THIRD PARTY; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF ANY SERVICES OFFERED, MADE AVAILABLE, PROVIDED, OR ACCEPTED BY YOU OR ANY THIRD PARTY, IN CONNECTION WITH THE SYSTEM OR ITS USE. UNDER NO CIRCUMSTANCES SHALL ChitChat.cc, LLC, OR ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, AND OTHER SIMILAR ENTITIES, OR THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SYSTEM, THE SERVICES, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (F) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF ChitChat.cc, LLC, EVEN IF ChitChat.cc, LLC WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF ChitChat.cc, LLC AND ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF ChitChat.cc, LLC, ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, OR OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE, THE SYSTEM, OR THE USE OF THE SYSTEM, ChitChat.cc, LLC AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED $100.

ChitChat.cc, LLC reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the System, or any portion of the System, for any reason; (ii) modify or change the System, or any portion of the System, and any applicable policies or terms; and (iii) interrupt the operation of the System, or any portion of the System, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.
Indemnification You agree to indemnify, defend and hold ChitChat.cc, LLC harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including attorneys’ fees), brought by any third party in connection with or arising out of Content, data, or information that you submit, post to, or transmit through the System or ChitChat.cc, LLC, your access to and use of the Content, the System, and other materials, products, and services available on or through the System and ChitChat.cc, LLC, your violation of these Terms of Use, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.

Typographical Errors The System could include technical inaccuracies or typographical errors. ChitChat.cc, LLC shall have no liability in connection with any such inaccuracies or errors, nor shall ChitChat.cc, LLC have any obligation to identify and/or correct any such inaccuracies or errors.


Viruses All responsibility or liability for any damages caused by viruses contained within the electronic files or on the System is disclaimed.

Links to Other Content For your convenience, certain hyperlinks may be provided on the System that link to other applications or websites which are not under the control of ChitChat.cc, LLC (the “Linked Content”). ChitChat.cc, LLC does not endorse or sponsor any Linked Content and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Content. ChitChat.cc, LLC disclaims all liability for such Linked Content, for all access to and use thereof, and for use of the links to such Linked Content. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other applications or websites, and any purchases of products or services is subject to the terms and conditions of such other applications or websites. You agree that you will bring no suit or claim against ChitChat.cc, LLC arising from or based upon any such use of other applications, websites, or content contained therein (including the Linked Content). Hyperlinks to such Linked Content on the System do not imply that: (a) ChitChat.cc, LLC is affiliated or associated with any Linked Content; (b) ChitChat.cc, LLC is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Content is authorized to use any trademark, trade name, logo, or copyright symbol of ChitChat.cc, LLC.

Disclaimer of Third Party Information The System may contain offers for sale of merchandise or services not provided by ChitChat.cc, LLC. Such merchandise and services may be obtained only by linking to the applicable merchant’s website in order to make the transaction. Terms of the offer shown on the System, including, but not limited to, price, color, quantity, availability, and description may vary from those shown on the merchant’s website. Differences in the terms of an offer between the System and a merchant’s website will be governed by the terms shown on the merchant’s site. ChitChat.cc, LLC is not responsible or liable for any such differences or discrepancies or the performance of any products or services obtained via such third party website.

To the extent that any information, services, videos, recordings, material, or functionality on the System is provided by third party content providers or Business User (“Third Party Materials”), ChitChat.cc, LLC has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party suppliers or such Business User (as applicable). ChitChat.cc, LLC does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party (including any Submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with ChitChat.cc, LLC.

*Accounts, Passwords, and Security * Certain features or services offered on or through the System may require you to open an account (including establishing a login ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify ChitChat.cc, LLC immediately upon learning of any unauthorized use of your account, login ID, or password or any other breach of security. However, you may be held liable for losses incurred by ChitChat.cc, LLC or any other user of or visitor to the System due to another person using your account, login ID, or password.

You may not use any other user’s account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. ChitChat.cc, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

The General Terms of Use and the Privacy Policy referenced herein (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the System and the Content; provided, however, that with respect to Business Users, the agreement between ChitChat.cc, LLC and each Business User, these Terms of Use and the Privacy Policy will collectively constitute the entire agreement between ChitChat.cc, LLC and such Business User with respect to such Business User’s access to and use of the System and the Content. You agree that you shall not contest the admissibility or enforceability of ChitChat.cc, LLC’s copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use. Except as expressly provided for herein, these Terms of Use do not confer any rights, remedies, or benefits upon any person or entity other than you and ChitChat.cc, LLC. ChitChat.cc, LLC may assign its rights and duties under these Terms of Use at any time to any third party without notice. You may not assign these Terms of Use without the prior written consent of ChitChat.cc, LLC. These Terms of Use shall be binding on and inure to the benefit of the parties hereto and their respective successors and assignees.

To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect. Any waiver of any provisions contained in these Terms of Use by ChitChat.cc, LLC shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. Any rights not expressly granted herein are reserved.

You agree that any violation, or threatened violation, by you of these Terms of Use, or the referenced Privacy Policy, constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
Jurisdiction and Class Action Waiver The System is maintained, operated, and controlled by ChitChat.cc, LLC in Warner Robins, Georgia, USA. These Terms of Use shall be governed by and construed under the laws of the State of Georgia. Any legal action brought by you that arises out of or relates to these Terms of Use or your access to and use of the System or the Content must be commenced within one year after the cause of action arises. All disputes arising out of or in connection with these Terms (including resolution of any matters related to interpretation, construction, or enforcement of these Terms of Use or otherwise in connection with these Terms of Use, the Privacy Policy referenced herein, or otherwise related to or in connection with your access to and use of the System, the Content, and the materials, products, and services available on or through the System or through ChitChat.cc, LLC) shall be exclusively and finally settled under the Rules of Arbitration of the International Chamber of Commerce. The seat and location of the arbitration shall be Warner Robins, Georgia, United States. There shall be one arbitrator.. You further expressly waive any claim that such venue is improper for any reason. The United Nations Convention for the International Sale of Goods shall not apply to these Terms of Use in whole or in part.

YOU AND ChitChat.cc, LLC EACH WAIVE THE RIGHT TO BRING CLAIMS ON A REPRESENTATIVE OR CLASS BASIS, EVEN IF ICC PROCEDURES OR RULES WOULD ALLOW IT. The arbitrator may award monetary or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. IF THIS CLASS ACTION WAIVER IS DEEMED UNENFORCEABLE, THEN THE ENTIRE ARBITRATION PROVISION SHALL BE DEEMED UNENFORCEABLE. IN NO CIRCUMSTANCE SHALL CLASS CLAIMS BE BROUGHT OR ADJUDICATED IN ARBITRATION.

Contact Us

ChitChat.cc, LLC welcomes any comments or questions you may have regarding these Terms of Use or the System. Please send any comments or questions to us at email at info@chitchat.cc. These Terms of Use were last updated on 1 October 2017. Please check back periodically for updates and changes.

© 2017-2018 | ChitChat.cc, LLC | All Rights Reserved. Disclaimer & IP Statement.

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