CASHCHAT TERMS OF SERVICE
Last updated October 15th, 2019
CashChat is a mobile app based social media service that allows users to create, publish and potentially earn money for their exclusive content (“CashChat”). CashChat is operated by Rise Applications Inc., with an address at Mill Mall, Suite 6, Wickhams Cay, PO Box 3085, Road Town, Tortola, British Virgin Islands (“us”, “our” or “we”).
We reserve the right to make changes to these Terms at any time. If we make material changes, we will endeavor to notify you of the changes, such as by posting a notice directly within the CashChat app and/or on the www.cashchat.com website, by sending a push notification to your mobile device (if push notification is activated on your device), or by any other reasonable method. Also, we may ask you to affirmatively agree to these Terms as modified ( e.g. , by pressing an “I Agree” button) at the time of your next login on CashChat. By continuing to use CashChat after such notice and/or acceptance, you agree to be bound by these Terms as modified.
When using CashChat, you are communicating with us electronically, and you consent to receiving communications from us electronically, including emails, push messages, in-app messages, SMS Messages and messages posted to your CashChat account. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
By using CashChat, you acknowledge and agree that standard carrier charges may apply and that depending on your wireless service plan, your wireless carrier may impose data and/or other charges when you use CashChat, and that any and all such charges will solely be your responsibility.
We reserve the right at any time and for any reason, with or without notice, and without liability to you, to: (i) modify, suspend or terminate CashChat or any portion thereof; (ii) restrict, limit, suspend or terminate your access to CashChat or any portion thereof; (iii) remove, block or disable any content you post on CashChat; (iv) monitor your use of CashChat to verify compliance with these Terms and/or any applicable law; (v) investigate any suspected or alleged misuse or unlawful use of CashChat and cooperate with law enforcement in such investigation; and (vi) disclose information about your use of CashChat in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order or subpoena.
HOW CASHCHAT WORKS
CashChat lets you create (through use of the CashChat camera function) and publish your photos and videos (subject to compliance with these Terms) for access by your followers on CashChat. You can also follow and access photos and videos of other CashChat users on CashChat. When you create and publish content on CashChat, you are a “Creator”. When you follow and access another user’s content on CashChat, you are a “Follower”. Also, on CashChat users can send private messages to one another. As used hereinafter, the term “Users” includes both Creators and Followers, and the term “User Content” means any and all user-generated photos, videos, and messages.
On CashChat, a Creator can make a particular photo or video accessible to Followers either at no charge (“free content”) or for a charge (“premium content”). A Creator decides what he/she wishes to charge for a premium content item in the form of “Supe coins”, and 500 Supe coins equates in value to One U.S. Dollar (US$1.00). Supe will then set the total price for the item by adding its platform service fee which will be equal to the number of Supe coins the Creator wishes to charge for that item. So, the total price for a premium content item is two (2) times the number of Supe coins the Creator charges for that item. For example, if you charge 500 Supe coins for a premium content item, Supe’s platform service fee will be an additional 500 Supe coins, so the total price for the item will be 1,000 Supe coins. To acquire the requisite number of Supe coins to access a premium content item, a Follower must make an in-app purchase for the equivalent dollar value by using an Apple iTunes/Apple Wallet account (for iOS devices) or a Google Pay/Google Wallet account (for Android devices). In the above example, in order to access the item a Follower will need to acquire 1,000 Supe coins, which means that he/she will need to make an in-app purchase for Two U.S. Dollars (US$2.00).For each premium content item, the Creator will designate a certain number of “CashChat coins” that he/she wishes to charge for the item, and CashChat will, in addition, charge a platform service fee which will be equal to the number of CashChat coins designated by the Creator. To access a particular premium content item, a Follower will need to acquire the requisite total number of CashChat coins indicated for that item by making an in-app purchase of the equivalent dollar value based on the then-current applicable exchange rate published on CashChat (rate subject to change). All in-app purchases on CashChat are done through the applicable app store (Apple iTunes for iOS devices, or Google Play for Android devices).
Once a Follower has made an in-app purchase to acquire the requisite number of CashChat coins for a premium content item, he/she will have unlimited access to that item (for viewing only and no downloading or copying) in his/her CashChat account, but only for a limited time duration (usually 24 hours upon purchase confirmation) (the “viewing window”). Upon the expiration of the viewing window, CashChat will delete the premium item from the Follower’s account.
On Supe, Creators get paid for their premium content items based on in-app purchases made by their Followers for accessing such premium items. For example, if you charge 500 Supe coins for a premium item, and 10 of your Followers make in-app purchases of Supe coins to access that item, you will receive 5,000 Supe coins in your Supe account – equivalent to Ten (10) U.S. Dollars in value. After you have accumulated [10,000] or more Supe coins in your account, you may redeem the coins (“withdraw”) by ______________ and, upon receiving your withdrawal request, we will convert the Supe coins in your account into U.S. dollars (500 Supe coins = US$1.00) and will remit the amount to your designated PayPal account.On CashChat, Creators will earn CashChat coins from in-app purchases generated by their premium content items. For example, if a Creator designates 500 CashChat coins for a premium content item and 10 Followers make in-app purchases to access the item, the Creator will receive 5,000 CashChat coins. Once a Creator has earned more than 10,000 CashChat coins from his/her premium content, he/she can claim a content producing dollar amount based on the then-current applicable exchange rate published on CashChat (rate subject to change) and, upon conversion into a dollar amount, the Creator’s account coin balance will become zero. A Creator may repeat this process once he/she again earns enough CashChat coins from in-app purchases generated by his/her premium content.
When users create photos and/or videos using the CashChat camera function, such content is “exclusive” to CashChat and can only be viewed within the CashChat app and can not be shared or exported outside of the CashChat app. When setting up CashChat profiles users have the ability to import their preexisting content (such as their Instagram photos) to be a part of their profile. As used hereinafter, the term “User Content” includes both “exclusive” content created by a user on CashChat and any preexisting content a user chooses to import from an outside source.
We do not own or control User Content on CashChat. All User Content transactions and interactions on CashChat are between Creators and their Followers and at no point does CashChat become a party to any transaction or interaction between a Creator and a Follower.
WHO CAN USE CASHCHAT
CashChat is a social messaging platform for respectful and responsible grown-ups and is not a platform for posting or viewing pornography. As a general policy, we do not tolerate pornography on CashChat and any user account that violates this policy may be deactivated immediately. To learn more about our policy on pornography and certain other prohibited uses, please refer to our Community Guidelines (available at http://www.cashchat.com/guidelines).
CashChat is not intended for use by minors. No one under the age of 17 is permitted to register or own a CashChat account, or to create, publish, or view User Content on CashChat, or to otherwise access or use CashChat. If we become aware that a CashChatr user is underage, we will promptly deactivate that user’s account and delete all information and content of that user (to the extent stored by CashChat) from CashChat. If you are a parent or legal guardian and become aware that your minor-child has installed and registered on CashChat, please immediately notify us at firstname.lastname@example.org .
By using CashChat, you represent and warrant that: (i) you are at least 17 years of age ; (ii) you will fully comply with these Terms; (iii) you accept full responsibility for the use of CashChat on any device, whether or not it is owned by you; (iv) you accept full responsibility for any User Content created or provided by you; and (v) your use of CashChat will not violate these Terms or any applicable law.
If you are using CashChat on behalf of a business or other entity, you warrant that you are authorised to grant all the licences stipulated in these Terms and that you are authorised to bind the business or other entity to these Terms.
Account registration is required to access and use CashChat. To register on CashChat, you must provide a valid email address, a username, and a password. During account registration, you also have the ability to create a CashChat profile and import your preexisting content (such as your Instagram photos) to be a part of your CashChat profile. Note that as part of the account registration process, we may ask for your mobile phone number for account verification purposes.
By registering on CashChat, you represent and warrant that: (i) all account registration and profile information and content you provide to us (including content you choose to import from Instagram or any other social media service) is your own information and content and is truthful and accurate; (ii) you do not already have an existing account on CashChat (including under a different email, username, or mobile number); (iii) if you previously had an account with CashChat, your old account was not terminated or suspended by CashChat for violation of these Terms; (iv) you register on CashChat for your own personal and lawful, and you will not sell, rent, lease, loan or transfer your account to a third party without our written permission; and (v) you will not log in or attempt to log in on CashChat through unauthorised third party applications.
You are fully responsible for any and all activities that occur on your account. You are responsible for maintaining the security and confidentiality of your login details and agree to immediately notify us if you believe someone has used or is using your account without your permission or any other breach of security is brought to your attention.
To access another’s premium content item on CashChat, you must make in-app purchase to acquire the requisite number of Supe coins for that item, and 500 Supe coins equates in value to One U.S. Dollar ($1.00) acquire the requisite total number of CashChat coins indicated for that item by making an in-app purchase of the equivalent dollar value based on the then-current applicable exchange rate published on CashChat (rate subject to change) . See the “ HOW CASHCHAT WORKS ” section above for further details. In-app purchases for CashChat coins are handled through the applicable app store (Apple iTunes for iOS devices, or Google Play for Android devices), and you must have an Apple iTunes/Apple Wallet account or a Google Pay/Google Wallet account (as the case may be) to purchase CashChat coins. The applicable app store may charge you a sales tax depending on where you live, and please check the app store’s terms and policies for details.
IMPORTANT NOTE: All in-app purchases of CashChat coins are FINAL AND NON-REFUNDABLE. By making an in-app purchase of CashChat coins to access a premium item on CashChat, you expressly waive any and all rights and claims you may have to cancel the purchase or get a refund, and you expressly acknowledge and agree that neither the Creator of such premium item nor we will have any obligation or liability to provide you with a refund for any reason.
It is entirely your responsibility to use all your purchased Supe coins prior to deactivating your account. Once you deactivate your Supe account, any purchased but unused Supe coins in your account at the time of account deactivation will be lost permanently and cannot be recovered.
Creators get paid for their Premium User Content on Supe based on in-app purchases made by their Followers for accessing such premium content. That is, when a Follower makes an in-app purchase of Supe Coins to access a premium item, the Creator of that item will receive in his/her Supe account the number of Supe coins that he/she is charging for the item. When a Creator has accumulated [10,000] or more Supe coins, he/she can redeem the coins (“withdrawal”) to convert them into real money (500 Supe coins = US$1.00). See the “ HOW SUPE WORKS ” section above for further details.
You can log into your CashChat account any time to check the balance of CashChat coins in your account. Your coin balance includes (i) CashChat coins you have purchased but not yet used toward purchases of access to others’ Premium User Content (“Purchased Coin Balance”) and (ii) CashChat coins that have been credited to your account based on other users’ in-app purchases of access to your Premium User Content (“Earned Coin Balance”) . You agree that we are not required to provide a coin balance adjustment or credit for any reason, except that in the event we determine (after investigation) that a CashChat software or technical glitch has resulted in an error in your coin balance, we will make the necessary adjustment to correct the error in your coin balance.
ACCOUNT DEACTIVATION BY YOU
Should you wish to deactivate your CashChat account, please contact CashChat customer support at email@example.com to submit your deactivation request. We will deactivate your account within 90 working days from receipt of your request.
Please be sure to redeem (“withdraw”) any Earned Coin Balance in your account prior to deactivating your account. Once you deactivate your account, any unredeemed Earned Coin Balance in your account will be lost permanently. Similarly, please use all your purchased Supe coins prior to deactivating your account. Once you deactivate your account, any unused Purchased Coin Balance in your account will be lost permanently. IMPORTANT NOTE: Upon deactivation of your account, any unconverted Earned Coin Balance and any unused Purchased Coin Balance in your account will be deemed forfeited and will be lost permanently.
ACCOUNT DEACTIVATION BY US
By using CashChat, you acknowledge and agree that Wwe reserve the right to deactivate your account (with or without warning) if: (i) you have committed repeated violations of these Terms and have received two (2) prior warnings from usyour use of CashChat violates these Terms or any applicable law; or (ii) your account is dormant for more than 90 days (“dormant” means that __________________________ ). If your account is deactivated by us, you may lose any unredeemed Earned Coin Balance and any unused Purchased Coin Balance in your account as well as any Premium User Content you have previously purchased. IMPORTANT NOTE: If your account is deactivated by us for the foregoing reasons, any unconverted Earned Coin Balance and any unused Purchased Coin Balance in your account will be deemed forfeited and will be lost permanently .
OUR LIMITED LICENSE TO YOU
CashChat (including all its s oftware, API, user interface, and other technology elements) and the “CashChat” name and logo constitute our proprietary property and are protected by copyright, trademark, and other intellectual property laws in the United States and other countries.
Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive licence to download and install a single copy of the CashChat app on your mobile device for your own lawful and personal use only . You acknowledge and agree that the foregoing license may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of CashChat other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us.
We do not warrant that CashChat is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not CashChat is compatible with your device. From time to time we may make updates to CashChat and will make such updates available through the applicable app store (Apple iTunes for iOS devices, or Google Play for Android devices). Depending on the update, you may not be able to use CashChat until you have downloaded the latest version of CashChat and accepted any new terms.
We require that all CashChatr users respect and comply with these Terms, including our Community Guidelines (available at http://www.cashchat.com/guidelines ), at all times when using CashChat.
You may not :
use CashChat other than for your own lawful and personal use in accordance with these Terms;
impersonate another, or falsely state, suggest or otherwise misrepresent affiliation, endorsement, sponsorship between you and any other person or entity;
falsify account registration information, or make unauthorized use of another’s information or content;
use CashChat in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
copy, reproduce, distribute, modify, or create derivative works from, any portion of CashChat without our express written permission;
create, upload, post, display, publish or distribute any User Content that (i) is pornographic, sexually explicit, obscene, fraudulent, defamatory, libelous, hateful, discriminatory, threatening or harassing, or (ii) violates another’s copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image or other identity of another without proper consent);
copy, reproduce, distribute, modify, or create derivative works from, any content that you do not own and do not have express written permission to do so from the applicable content owner (this includes taking a picture or screenshot or otherwise making a copy of another’s User Content);
remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained or embedded in CashChat or in any User Content that you do not own;
decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of CashChat or any portion thereof;
bypass, circumvent, disable, deactivate or render ineffective any content protection, rights management, or security features or mechanisms (such as firewalls, filters, etc.) associated with CashChat or any portion thereof;
interfere in any way with the operation of CashChat or any server, network or system associated with CashChat, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the app or any server, network or system associated with the app; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another’s account that you are not expressly authorized to access;
use CashChat for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, monitoring the app’s availability, performance or functionality, or for any other benchmarking or competitive purposes;
use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access CashChat or any server, network or system associated with CashChat, or to extract, collect, harvest or gather content or information from CashChat;
frame or otherwise create a browser or border environment around any page or content of CashChat, or deep-link to any internal page or area of CashChat; or
make any other use of CashChat that violates these Terms or any applicable law.
To report abuse or misuse of CashChat, please contact CashChat customer support at firstname.lastname@example.org .
We assume no responsibility or obligation to screen User Content or to monitor CashChat for inappropriate User Content. Views expressed by users on CashChat do not represent our views or values. If you are offended by another’s User Content on CashChat, you have the choice to not follow (or unfollow) that user. If believe another’s User Content on CashChat violates these Terms, you can report that user by going to that user’s profile, tapping the “Settings” icon in the upper right-hand corner of the profile screen, and then tapping the “Report” button. Alternatively, you can report a user to CashChat customer support at email@example.com .
By using CashChat, you acknowledge and agree that we reserve the right at any time to remove, block or disable any User Content that, in our sole judgment, violates these Terms or any applicable law, or may expose or subject us to liability of any kind, or may adversely affect the reputation or goodwill of CashChat.
User Content belongs to Creators, and we do not claim ownership of any User Content. However, by creating and publishing and/or otherwise providing User Content on CashChat, you expressly and irrevocably grant to us a non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to host, store, cache, index, use, copy, reproduce, display, perform, publish and distribute your User Content on CashChat for the purposes of providing, operating, managing, maintaining and improving CashChat and its services and features . You acknowledge and agree that: (i) the foregoing license will remain and continue in effect for as long as you maintain an account on CashChat; and (ii) in the event you discontinue use of CashChat, we may retain backup copies of all your User Content indefinitely for our internal archival and recordkeeping purposes. By creating and publishing and/or otherwise providing Premium User Content on CashChat, you also expressly and irrevocably authorize your Followers on CashChat (subject to and upon their purchase of the requisite CashChat Coins) to access and view (without downloading or copying) your Premium User Content within a limited time duration (usually 24 hours) for their own lawful and personal use.
By creating and publishing and/or otherwise providing User Content on CashChat, you represent and warrant that: (i) you own or control all rights in and to your User Content; (ii) to the extent your User Content includes or utilizes any third-party property (such as material created by another person, or another person’s name, voice, signature, photograph or likeness), you have secured all rights, licenses, consents and releases that are necessary (A) for the inclusion/use of such third-party property in your User Content and (B) for our exercise of the rights granted herein by you with respect to your User Content; and (iii) your User Content is non-confidential and may be made available to your Followers on CashChat.
CASHCHAT’S DMCA POLICY
To comply with the U.S. Digital Millennium Copyright Act (Title 17, United States Code) (“DMCA”), we will respond to proper notifications of claimed copyright infringement and will take appropriate action including expediently removing or disabling access to the allegedly infringing User Content. We also have a policy of terminating, in appropriate circumstances, the account of anyone that is determined by us to be a repeat infringer.
Designated Agent : The following is our Designated Agent for CashChat for receiving notifications of claimed copyright infringement:
Rise Applications Inc.
Attn.: _Diane Dentith_
14-16 Nelson Street
Isle of Man IM1 2AL
By Telephone: +441624699800
By Email: DMCA@cashchat.com
Notice of Claimed Copyright Infringement : Under the DMCA, a notification of claimed copyright infringement must include all of the following:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
a statement 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; and
a statement that the information in the notification 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.
Counter-Notification to Claimed Copyright Infringement : If we remove or disable access to your Content in response to a DMCA notification of claimed copyright infringement, we will make reasonable efforts to notify you, and you may make a counter-notification in writing with our Designated Agent listed above. A DMCA counter-notification must include all of the following:
your physical or electronic signature;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the Los Angeles County, State of California, U.S.A., if you reside outside of the United States), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If we receive a proper counter-notification from you, we will notify the party alleging copyright infringement and will reinstate your User Content that was removed or disabled in not less than 10 business days and not more than 14 business days following our receipt of your counter-notification, unless the party alleging copyright infringement notifies us first that it/he/she has filed a court action against you.
Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.
LINKS TO THIRD PARTIES
CashChat may contain links to third-party websites, products or services (each, a “Linked Third-Party Site/Product/Service”). Such links do not constitute or imply our approval, sponsorship or endorsement of any Linked Third-Party Site/Product/Service. We are not responsible for and make no representation or warranty, whether express or implied, regarding any Linked Third-Party Site/Product/Service. You access and use a Linked Third-Party Site/Product/Service solely at your own risk. When you visit a Linked Third-Party Site/Product/Service, you are subject to that third party’s terms and policies, and not these Terms. Any right or claim you may have concerning a Linked Third-Party Site/Product/Service can only be asserted directly against the third party that operates or provides that Linked Third-Party Site/Product/Service.
DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY
BY USING CASHCHAT, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS:
(i) CASHCHAT AND ALL OF ITS SERVICES AND FEATURES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITH ALL FAULTS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CASHCHAT AND ALL OF ITS SERVICES AND FEATURES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, USEFULNESS OR RELIABILITY OF CASHCHAT, OR THE RESULTS OF YOUR USE OF CASHCHAT. WE ALSO DO NOT WARRANT OR GUARANTEE THAT CASHCHAT AND ALL OF ITS SERVICES AND FEATURES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT CASHCHAT AND ALL OF ITS SERVICES AND FEATURES WILL BE SECURE, UNINTERRUPTED, AND ERROR-FREE; THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT CASHCHAT AND ALL OF ITS SERVICES AND FEATURES WILL BE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. YOUR USE OF CASHCHAT AND ITS SERVICES AND FEATURES WILL BE SOLELY AND ENTIRELY AT YOUR OWN RISK.
(ii) IN NO EVENT SHALL WE OR ANY OF OUR SUCCESSORS OR ASSIGNS BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING OUT OF OR RELATED TO YOUR USE OF (OR YOUR INABILITY TO USE) CASHCHAT OR ANY OF ITS SERVICES OR FEATURES, REGARDLESS OF WHETHER OR NOT WE OR ANY OF OUR SUCCESSORS OR ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
(iii) IN NO EVENT SHALL OUR TOTAL AND AGGREGATE LIABILITY TO YOU AND/OR OTHERS FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF (OR YOUR INABILITY TO USE) CASHCHAT OR ANY OF ITS SERVICES OR FEATURES, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00) .
(iv) BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASE, OUR TOTAL AND AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO YOUR USE OF (OR YOUR INABILITY TO USE) CASHCHAT OR ANY OF ITS SERVICES OR FEATURES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
BY USING CASHCHAT, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US AND OUR EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, ACTIONS, SUITS, PROCEEDINGS, JUDGMENTS, ORDERS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS) ARISING OUT OF OR RELATED TO ANY OF THE FOLLOWING: (i) YOUR USE OF CASHCHAT OR ANY OF ITS SERVICES OR FEATURES; (ii) ANY USER CONTENT CREATED, PUBLISHED, OR OTHERWISE MADE AVAILABLE ON CASHCHAT BY YOU; (iii) ANY TRANSACTION OR INTERACTION BETWEEN YOU AND ANY OTHER USER OF CASHCHAT; AND/OR (iv) YOUR VIOLATION OF THESE TERMS OR ANY APPLICABLE LAW.
GOVERNING LAW; DISPUTE RESOLUTION
(i) If you use CashChat within the United States : you and we agree that these Terms shall be governed by and construed in accordance with the laws of the State of New York, U.S.A. (without regard to the conflict of laws provisions thereof) and that any dispute between you and us concerning CashChat or arising out of or related to these Terms shall be resolved in federal courts located in New York, New York, U.S.A.
(ii) If you use CashChat outside of the United States : you and we agree that these Terms shall be governed by and construed in accordance with the laws of England and Wales (without regard to the conflict of laws provisions thereof) and that any dispute between you and us concerning CashChat or arising out of or related to these Terms shall be resolved in the courts of England and Wales.
(iii) Except where prohibited by applicable law, any claim or cause of action by you concerning CashChat or arising out of or related to these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
These Terms do not create or intend to create an agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and CashChat.
We may, at any time and with or without notice to you and other CashChat users, assign these Terms together with all of our rights hereunder, to an affiliate or to an entity that acquires all or substantially all of the assets associated with CashChat.
If any portion of these Terms is deemed unlawful, void, voidable or unenforceable, such portion shall be deemed severed from these Terms, and all remaining portions of these Terms shall not be affected and shall remain in full force and effect.
These Terms do not create or confer any third-party beneficiary rights.
A failure or delay on our part to enforce a right or provision under these Terms does not constitute a waiver of such right or provision. A waiver of any right or provision under these Terms shall only be effective if it is in writing and signed by us.
If you have any questions, comments, or concerns about CashChat, please contact CashChat customer support at firstname.lastname@example.org .