Last revised: July, 2016
Certain features allow you to synchronize your account information and your contacts' information with the information available on your social networks and platforms (Facebook, Google+, etc.; collectively "Approved Platforms"), including information made available by your contacts or friends on such Approved Platforms. We will abide by the terms and conditions of the Approved Platforms in which you and any relevant contact are registered with a profile, with respect to retrieving accessible information from such Approved Platforms and will follow any configuration, security, privacy or other applicable restrictions of such Approved Platforms.
Grant of license
We are entitled, without any liability, to refuse, restrict, limit, suspend, interfere or interrupt the Service or any part thereof, without any notice to you for the purpose of repairing, improving, or upgrading the Service or for any of the reasons for termination as mentioned below.
You may not access or use the Service if you are under thirteen (13) years of age or if you are legally unable (under the applicable laws and regulations) to enter into this Agreement. By accessing or using the Service you represent that you have reached the age of 13 years, or that you have the consent of your parent/guardian to use the Service.
The Company will allow you to submit and upload information into the Service directly, either as your account information (e.g. full name, phone number, email address, etc.), or for the purpose of communicating with our user community ("User Submissions").
Your User Submissions will be public and accessible to other users in our community. You are solely responsible for your User Submissions. You warrant that you own all the rights, licenses, consents, permissions, titles and interests required for you to use your User Submission in the manner contemplated herein.
Limitation on use
You hereby warrant that you have all necessary and sufficient rights to share any information in the User Submissions with the Service and other users of its community.
You hereby warrant that you will not:
· Impersonate any person or entity or otherwise misrepresents affiliation, connection or association with any person or entity, or use any fraudulent, misleading or inaccurate contact information;
· Make any copies of, modify, adapt, disassemble, translate, decompile, distribute or otherwise transfer, rent, lease, loan, resell, sublicense or reverse engineer our Service or any part thereof;
· Remove, circumvent, disable, damage or otherwise interfere with any features of the Service, or attempt to gain unauthorized access to any portion of the Service through any means, or interfere with, corrupt, or disrupt the operation or performance of the Service or the ability of any other person to use the Service, including, without limitation, transmitting Content that contain any viruses, worms, Trojan horses, or other destructive items or harmful codes, or placing excessive load on the servers, or attempting to degrade the performance of the servers in any way;
· Violate other users' or third parties' rights to privacy, publicity and other rights, or harvest, scrap, data aggregate, data mine, screen scrap, index or collect data and information about other Users or third parties without their consent, whether manually, or automatically with the use of any means, including without limitation Bots, Crawlers, Spiders, bots, Sifters and Load Testers, without the express written consent of the Company, or engage in testing, pen-testing, sniffing or monitoring of the Service, its systems, software or hardware in any way;
· Use the Service in connection with material which a reasonable person could deem to be: stalking, offensive, inaccurate, incomplete, abusive, obscene, objectionable, defamatory, libelous, fraudulent or deceptive, indecent, pornographic, profane, threatening, advocating harassment or intimidation, distressing, vulgar, hateful, malicious, harmful for minors, racially or ethnically offensive, advocating racism, bigotry, hatred or physical harm of any kind against any group or individual, or disparaging the religious, political, or legal agenda of any person or entity;
· Use the Service in connection with any advertisements, solicitations, chain letters, pyramid schemes, spamming or any other commercial communication;
· Use the Service in connection with material which promotes illegal activities, or the violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights (including, but not limited to, patents, trademarks, trade secrets, copyrights, or any confidential, proprietary or trade secret information of any third party), information protection and privacy, including, but not limited to, content which disseminates another person's personal information without his or her permission.
The Company retains all rights, titles and ownerships in and of the Service or any part thereof, including without limitation, the design and layout of the Service, all contents of the Service (excluding User Submissions), copyrights, patents, trademarks, service marks and logos, database, registered or not (the "Materials"), except as expressly excluded in this Agreement. You may not use, sell, copy, modify, distribute, redistribute, license, publicly perform or display, publish, edit, create derivative works from, or otherwise make unauthorized use of the Materials, without the Company's prior explicit written consent. You are granted only a limited and revocable right to use the Service, subject to the terms of this Agreement, and for personal use only, and under no circumstances are you acquired any right, interest or title to any part of the Materials.
Information We Collect
Protecting your privacy is very important to us. In the registration process to the Service we may request certain personal information from you, including your name, email address, mobile phone number, your contacts details (to synchronize your contact information with you friends on our Service) and your Approved Platform identifier (collectively "Personal Information"). When you visit the Service, we may also collect your IP address, device unique ID, your precise geolocation and other information transmitted by your device including among other things the type of browser and operating system your device uses, and the domain name of the website from which you linked to the Service, in order to enhance the functionality of our Service.
You acknowledge and agree that any personal information that you make available via the Service including, but not limited to, your username, your name, email address, geo-location data and the content you post is available to the public. You are responsible for protecting and enforcing your rights in and to your Content. No compensation will be paid to you with respect to the use by Chatmaker of your Content, as provided herein.
Cookies and Other Technologies
A "cookie" is a small piece of information that a website assign to your device while you are viewing a web site. Cookies are very helpful and can be used for various different purposes. These purposes include allowing you to navigate between pages efficiently, enable automatic activation of certain features, remembering your preferences and making the interaction between you and our services quicker and easier. Cookies are also used to help ensure that the advertisements you see are relevant to you and your interests. You can find more information about cookies at www.allaboutcookies.org. You may remove our cookies by following the instructions of your device preferences; however, if you choose to disable cookies, some features of our Service may not operate properly and your online experience may be limited.
In some of our messages, we use a "click-through URL" linked to information and content. When you click on such links, they may pass through a third party web server before arriving at the destination page on our Application or on one of our partner's websites. Chatmaker or its trusted partners may track this click-through data to help us determine interest in particular topics, measure the effectiveness and performance of our customer communications and promotions.
How may we use the information held by us?
We use Personal Information (e.g. phone number or email address) to communicate with you and to keep you informed of our latest product announcements and software updates. We may use such information to answer your questions, troubleshoot problems and enforce our Terms.
We use Personal Information to improve and customize our Service to your needs and interests, and to identify and authenticate your access to certain features of the Service.
Please note that you may share your Personal Information (e.g. your precise location) with other users; you hereby acknowledge that such use of our Service is at your sole risk.
We may transfer or disclose Personal Information to our subsidiaries, affiliated companies, subcontractors or such other trusted third party service providers or partners, who are located in different jurisdictions across the world, for the purpose of: (a) storing or processing such information on our behalf or to assist us with our business operations and to provide and improve our Application's services; (b) performing research, technical diagnostics, analytics or statistical purposes.
Use of Anonymous Information
We may store on our servers or our cloud servers, use or share Anonymous Information (i.e. information which does not enable identification of an individual user, i.e. non-Personal Information, aggregated information or Personal Information in non-human readable form; e.g. anonymous or aggregated information concerning the way our user community interacts with the Service) in any of the above circumstances, as well as for the purpose of providing and improving our services, aggregate statistics, marketing purposes and conduct business and marketing analysis, and enhance your experience with the Service. If we combine Personal Information with Anonymous Information, the combined information will be treated as Personal Information for as long as it remains combined.
Third party collection of information
Our policy only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties on our system or other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. For example, when making a payment by credit card our third party processors such as the Apple Store and Google Play Store, they may collect your credit card information and other information necessary for processing/authorizing your credit card payments. These payment companies may also provide certain of your details to us - but this shall not include your credit card number.
For how long we retain the information we collect?
We may rectify, replenish or remove incomplete or inaccurate information, at any time and at our own discretion.
We value your privacy and control over your Personal Information, and therefore you may, at any time, change, update or remove your Personal Information, related to you by changing your settings, contact us at: help@Chatmaker.com or remove our app.
Please note that unless you instruct us otherwise we retain the information we collect for as long as needed to provide the Services and to comply with our legal obligations, resolve disputes and enforce our agreements
How do we safeguard your information?
We take great care in implementing and maintaining the security of the Services and your information. We employ industry standard procedures and policies to ensure the safety of our users' information, and prevent unauthorized use of any such information. Although we take reasonable steps to safeguard information, we cannot be responsible for the acts of those who gain unauthorized access or abuse our Services, and we make no warranty, express, implied or otherwise, that we will prevent such access.
If you feel that your privacy was treated not in accordance with our policy, or if any person attempted to abuse our service or acted in an inappropriate manner, please contact us directly at help@Chatmaker.com and our privacy officer shall investigate promptly.
Affiliates and corporate transaction
Chatmaker forbids users under the age of 13 to create an account and use Chatmaker and/or any of its Services. In the event that Chatmaker becomes aware that a user under the age of 13 has shared any information, it will terminate the account in question. If you have any reason to believe that a child under the age of 13 has shared any information with Chatmaker, please contact us at help@Chatmaker.com.
For minors older than 13, we strongly advise that they ask their parents for permission before posting information about themselves on Chatmaker. We also recommend that parents take time to explain to their children about what is safe or not on the internet and inside a social network.
The Google Advertising ID is an anonymous identifier, provided by Google Play services. If your device has an Advertising ID, we will collect and use it for advertising and user analytics purposes. By downloading or using our Service you explicitly agree that we may associate your Advertising ID with your applicable persistent device identifier. This will facilitate our ability to improve your personalized experience. Further, we may use other persistent identifiers for non-advertising purposes. If your device does not have Advertising ID, we will use other identifiers.
How to contact us
CHATMAKER SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CHATMAKER SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE COMPANY, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
THE COMPANY AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CHATMAKER SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CHATMAKER SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS.
THE COMPANY AND ITS SUPPLIERS AND PARTNERS (INCLUDING THE COMPANY'S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE OTHER CHATMAKER SERVICES IN TERMS OF SECURITY, AVAILABILITY, SAFETY, CORRECTNESS, RELIABILITY, ACCURACY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE CHATMAKER SERVICES. YOU ACKNOWLEDGE AND UNDERSTAND THAT WHILE THE COMPANY IS WORKING HARD TO SAFEGUARD YOUR DATA, ANY DATA YOU SEND OR RECEIVE DURING YOUR USE OF THE CHATMAKER SERVICES (INCLUDING DURING CHATS OR CONVERSATIONS) MAY NOT ALWAYS BE SECURE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE SUBMIT OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE CHATMAKER SERVICES AT YOUR OWN DISCRETION AND RISK.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation of Liability and Damages
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL THE COMPANY (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, TRANSMISSION, STORAGE OR MAINTENANCE OF YOUR INFORMATION, INCLUDING YOUR LOCATION OR PRIVATE INFORMATION; (B) YOUR USE OR INABILITY TO USE THE CHATMAKER SERVICES; (C) THE CHATMAKER SERVICES GENERALLY (INCLUDING ITS SOFTWARE) OR SYSTEMS THAT MAKE THE CHATMAKER SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH CHATMAKER SERVICES OR ANY OTHER USER OF THE CHATMAKER SERVICES, EVEN IF THE COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL THE COMPANY'S (OR ITS AFFILIATES,
CONTRACTORS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS OR SUPPLIERS) TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF
OR RELATING TO THESE TERMS OR YOUR USE OF THE CHATMAKER SERVICES (WHETHER IN
CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR
OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE CHATMAKER SERVICES
DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR
FIFTY DOLLARS, WHICHEVER IS GREATER.
APPLICABLE LAW IN YOUR STATE OR LOCATION MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT THE COMPANY'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR STATE.
You agree to indemnify, defend, and hold the Company (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including without limitation attorneys' fees, arising out of or related in any manner to your use or misuse of the Service, including without limitation your access to or use of the Service, any breach or alleged violation of the rights of any other person or entity by you, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right and any breach or alleged violation by of this Agreement.
Third Party Services
This Agreement applies only to your use of the Service. The Company has not reviewed, has no control over, nor does it endorse, screen, promote or otherwise assume any responsibility for the content of third party websites or applications ("Third Party Services"), or to the information, advertisements, services, practices or other material contained on, or accessible through Third Party Services, including without limitation third party websites to which hyperlinks are contained in the Service.
Governing law and arbitration agreement
This Agreement is governed by and construed in accordance with the laws of Cyprus without giving effect to any principles of conflicts of law.
You may opt out of this Arbitration Agreement. To opt out, you must notify the Company in writing within thirty (30) days of the date that you first become subject to this Agreement. You must email us with the subject line: "Arbitration Opt Out" and include in the body of your e-mail your name and residence address, your email address, telephone number, and a clear statement that you want to opt out of this Arbitration Agreement.
If you do so, neither you nor the Company can require the other to participate in an arbitration proceeding, however, both you and the Company hereby expressly waive trial by jury. If permissible under such court's rules, you may bring your claim in the applicable courts in Cyprus. You may bring claims only on your own behalf. Neither you nor the Company will participate in a class action or class-wide arbitration for any claims covered by this Agreement. You hereby agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account in the Service, if the Company is a party to the proceeding.
You hereby agree that any claim may have arising out of or related to your relationship with the Company must be filed within one (1) year after from the arising incident; otherwise, your claim shall be permanently barred.
Notice and Takedown
The Company does not allow using the Service or any of
its features for intellectual property infringement.
If you encounter what you believe to be a violation of your intellectual property rights in the Service, please notify us via e-mail to: help@Chatmaker.com
Such notice ("Takedown Notice") must include your full name, contact details (address and phone number), a reasonably detailed description of the alleged infringement and adequate evidence of your right in the relevant intellectual property (for example, trademark registrar certificate of a signed affidavit).
Once adequate Takedown Notice is sent, the Company will either remove the alleged infringement, if feasible, or put you in touch with the person responsible for it.
If you receive notification from the Company stating that a Takedown Notice was received regarding content or activity for which you are responsible, you may contend the Takedown Notice within seven days, in which case only will your contact details be given to the Notice's sender.
If you repeatedly infringe third parties' intellectual property your access to the Service may be restricted or blocked at the Company's sole discretion.
Assign rights, severability and waiver
The Company may assign its rights according to this
Agreement to any third party at its sole discretion. You may not assign or
delegate your rights according to this Agreement, without the Company's prior
If any part of this Agreement is deemed void, unlawful, or for any reason unenforceable or invalid, then that part shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions of the Agreement.
Failure to assert, at any time, any right, or require performance in regard to this Agreement by or on behalf of the Company shall not constitute concession, yield, waiver or relinquishment of any sort, and shall not limit the Company's rights with respect to such breach or any subsequent breaches. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
Apple (additional provisions)
Where the Service was downloaded via Apple marketplace, the user warrants that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. Further, the user acknowledge and consent that Apple and Apple's subsidiaries are third-party beneficiaries of the Agreement, and the Apple has the right, upon your consent to the terms of this Agreement, to enforce the Agreement against the you as a third party beneficiary thereto. The user also warrants that he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that he/she is not listed on any U.S. Government list of prohibited or restricted parties.
The Company reserves the right (but has no obligation), at its sole discretion and without prior notice to:
b. Monitor or review any content submitted by you in connection with the Service, reject any content submitted or remove any content from the Service, or refuse your requests in connection with the Service.
You may rectify or remove any personal information related to you from the Service at any time, by contacting us at: help@Chatmaker.com. You may terminate your account at our Service at any time by uninstalling the Service and ceasing to use the Service.
Amendments to the Agreement
The Company reserves the right, at its sole discretion, to periodically amend or revise the terms of this Agreement; material changes will be effective immediately upon the publication of the amended Agreement. Your continued use of the Service, following the amendment of the Agreement, constitutes your acknowledgement and consent of such amendments to the Agreement. The last revision will be reflected in the "Last modified by" heading above.