Terms and Conditions

Welcome to the Imchatty website. Please review these Terms of Service (“Terms”), which govern your use of the website and services provided by it.

The website imchatty.com (the “Site”) facilitates real-time interactions in a secure environment that protects user privacy, (the “Service”). The Terms describe the conditions under which this Service is being made available to you, and your access to and use of the Site and the Service. Read the Terms carefully. By using the Service, you will be deemed to have accepted it. If you do not accept the Terms, you may not use this Service. By accessing the Site, you agree to abide by these Terms of Service ("Terms"), which govern your use of the Website, which is further subject to our Privacy Policy and safety guidelines.

In this document, “we” or “us” means imchatty.com and its owners, managers, officers, employees, partners, agents, representatives, affiliates, contractors, service providers, and/or designees; “both of us” means both you and us; “Terms of Service” or “Terms” means these Terms of Service and documents incorporated by reference; “Our Materials” means information, data, text, software, music, sound, photographs, graphics, video, messages or other materials that we may make available through the Service; “Service” means the service we provide you at the Site; “Site” means www.imchatty.com and any other website designated by us as being subject to the Terms; “you” means the person or company using the Services; and “Content” means information, data, text, software, music, sound, photographs, graphics, video, messages, images or other materials made available or accessible through the Service by you or other users of the Service.

You represent and warrant that you shall not solicit personal information from or exploit in a sexual or violent manner anyone under the age of eighteen (18). You also represent and warrant that none of Your Content infringes the rights of any other third party. Imchatty disclaims any duty to monitor the nature of Your Content, and disclaims any liability or responsibility for any of Your Content.

You also represent and warrant that you will not “stalk” or otherwise harass any other user of this Website, impersonate other people or organizations, provide false, misleading or inaccurate information to Imchatty, interfere with our servers or software, attempt to access any restricted area on the Website, post harmful or disruptive html/javascript, upload or transmit files containing viruses or other objects which may damage other devices, access the Website through bots, agents, scraping, automated devices or intelligent search, or use the Website for spam purposes, unauthorised advertising or promotional purposes or to conduct surveys of any nature (together, “Prohibited Uses”).

Modifications. We reserve the right to modify or replace these Terms at any time. Any updated Terms will be available at this link. These Terms may be updated, reviewed, or amended from time to time, at our sole discretion. Material changes in these terms might or might not be communicated on our home page. You should periodically refer to any changes made to these Terms. Continued use of the Website, or use of any of the services or purchase of any product, will thereafter constitute your deemed acceptance of the revised Terms., Conduct and Prohibited Uses. You must be of at least eighteen (18) years of age to use the services on this Website. You agree and warrant that none of Your Content shall be of a pornographic (including but not limited to child pornography), violent, discriminatory, unlawful, hateful, obscene, lewd, nude, partially nude or sexually suggestive nature, drug or terrorism-related, harmful, deceptive, extremely profane, racist, defamatory, abusive, threatening or otherwise objectionable in any manner (together “Objectionable Content”).

Any use of the Service is subject to our code of conduct.

We may or may not pre-screen Content; however, we and our designees shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or move any Content or block any sites that are available or accessible via the Service. Without limiting the foregoing, we and our designees shall have the right to remove or block access to any Content that violates the Terms or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

We may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect our (or our users or the public's) rights, property, or personal safety.

The technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

The Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by us and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

You may voluntarily provide (in connection with use of the Service, use of our products or otherwise) suggestions, comments or other feedback to us with respect to items or information provided by us on the Service or otherwise. We are not required to hold such feedback in confidence, and such feedback may be used by us for any purpose without obligation of any kind; provided, that we will not disclose the source of specific feedback without your consent; and nothing in the Terms restricts the use by you of such feedback or ideas that you provide to us.

Any content, including but not limited to photographs, pictures, images, and video clips which you upload onto the Website, or share with other users of this Website (“Your Content”) is owned by you. imchatty does not claim any ownership of Your Content. You grant imchatty a non-exclusive, royalty-free, perpetual, sub-licensable, worldwide license to use Your Content, in accordance with our Website’s Privacy Policy. You can choose to share Your Content with other users of our Website while chatting. You represent and warrant that you are the owner of Your Content, and are not violating any third-party rights by posting or sharing Your Content on our Website. We do not necessarily endorse Your Content, and have no obligation to monitor, edit, remove or prescreen Your Content. You are solely liable for any of Your Content posted or shared on this Website. You are also solely responsible for your interaction with other users on this Website, both online and offline, and imchatty is not liable for the conduct of any of its users. In case you think that some user of imchatty itself is infringing your intellectual property rights through our Website, you can promptly contact us, and we will reserve the right to delete content alleged to be infringing, and even terminate the accounts of repeat offenders.

In general, the Service is provided in a manner which does not result in your downloading or using any of our Software. In the event that we do, however, provide you with Software (such as a plug-in or similar item), we grant you a personal, non-transferable and non-exclusive right and license to use the object code of the Software on a single computer in connection with your access to the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You may not modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You may not rent, lease, loan, sell, distribute or create derivative works based on the Software, in whole or in part.

You may not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your account name), use of the Service, or access to the Service.

Choice of Law and Forum. The Terms and the relationship between both of us shall be exclusively governed by the laws of the European Union without regard to its conflict of law provisions. Your exclusive forum for bringing any claim or cause of action against us is the courts located in the City of Paris, France. You hereby accept and submit to the personal and exclusive jurisdiction of such courts in any proceeding or action. With respect to any such proceeding or action brought in such courts, you hereby irrevocably waive, to the fullest extent permitted by law: (a) any objection you may have now or in the future to such jurisdiction or venue, and (b) any claim that such action or proceeding has been brought in an inconvenient form. Nothing limits our right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or any other form of relief. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within ninety (90) days (or, if different, the minimum amount of time permitted by law) after such claim or cause of action arose or be forever barred.

Arbitration. Notwithstanding anything herein, if we elect in our sole discretion to resolve any claim through arbitration, you must cooperate fully with and be bound by such arbitration, without further recourse of any kind. The European Court of Arbitration (ECA) shall preside over such arbitration. Such arbitration shall be exclusively governed by the laws of the European Union without regard to its conflict of law provisions. All proceedings shall take place in the City of Paris. If there is a conflict between the rules of the ECA and any provision of the Terms, the Terms shall govern. You are responsible for all costs that you incur in the arbitration, including without limitation, expert witnesses or attorneys. The reasonable filing fees and arbitrator’s costs and expenses shall be advanced by us. However, if the arbitration is decided in our favor, you must reimburse us for all of our fees, costs, and expenses related to the arbitration, including without limitation, all fees, costs, and expenses related to filing, arbitrators, expert witnesses, attorneys, and other third parties.

Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

No Third Party Beneficiaries. Except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.

Restrictions on Assignment. These Terms and all of the rights, interest or obligations hereunder may be not assigned, directly or indirectly, including, without limitation, by operation of law, by either of us, without the prior written consent of the non-assigning party, not to be unreasonably withheld, delayed or conditioned; provided, however, either party may assign the Terms without any such requirement of consent, in whole or in part to any affiliate, subsidiary or successor in interest in the event of a merger, consolidation, acquisition, reorganization, change in control or otherwise, provided that: (i) the assigning and acquiring entity notify the non-assigning party at the time of such assignment and the acquiring entity agrees in writing to be bound by the Terms, and (ii) the acquiring entity is no a competitor of the non-acquiring entity.

Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Terms are for convenience only and have no legal or contractual effect.

Eligibility to Use the Service. You may not use the Service and may not accept the Terms if (a) you are not of legal age (the laws of the jurisdiction of which you are a resident or from which you use the Service) to form a binding contract with us, or (b) you are a person barred from using the Service under the laws of the EU, United States or other countries including the country in which you are resident or from which you use the Service.

Representation of Eligibility. In any of the above cases, you represent that you satisfy all of the above eligibility conditions. If you do not satisfy the above conditions, or if you do not agree with the Terms, you may not use the Service or any portion thereof; in that case we may also terminate the Terms and your use of the Service immediately without liability to you.

Acceptance by Electronic Submissions. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by the Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, you hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the Service. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.