THIS IS A LEGAL AGREEMENT BETWEEN YOU (“You” or “Your”) AND MASS IMPACT(CHATTII APP) STATING THE TERMS THAT GOVERN YOUR USE OF THE CHATTII MOBILE APPICLATION ("LICENSED APPLICATION"). THIS AGREEMENT, TOGETHER WITH ALL UPDATES OR ADDITIONAL TERMS PROVIDED BY CHATTII AND ALL OF CHATTII 'S RULES AND POLICIES, COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND CHATTII. BY INSTALLING THE LICENSED APPLICATION YOU ACCEPT AND AGREE TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THE AGREEMENT DO NOT INSTALL OR USE THE LICENSED APPLICATION. YOUR AUTHORIZATION TO INSTALL AND USE THE LICENSED APPLICATION IS CONDITIONED UPON YOUR ABIDING BYTHE AGREEMENT AS PRESENTED TO YOU. CHATTII RESERVES THE RIGHT TO MODIFY THE AGREEMENT OR REVOKE THE SOFTWARE LICENSE AT ANY TIME. ANY MODIFICATION TO THE AGREEMENT BY CHATTII SHALL BE EFFECTIVE IMMEDIATELY UPON CHATTII POSTING SUCH MODIFIED AGREEMENT ON THE CHATTII WEBSITE, AND YOUR CONTINUED USE OF THE LICENSED APPLICATION AFTER SUCH POSTING SHALL CONSTITUTE YOUR EXPRESS ACCEPTANCE OF SUCH MODIFIED AGREEMENT. ANY CHANGES, ADDITIONS, OR DELETIONS TOTHE AGREEMENT MADE BY YOU SHALL BE VOID AND UNENFORCEABLE AND SHALL RESULT IN IMMEDIATE TERMINATION OF YOUR RIGHT TO USE THE LICENSED APPLICATION. CHATTII MAY REFUSE ACCESS TO THE LICENSED APPLICATION AT ANY TIME FOR NON COMPLIANCE WITH ANY PART OF THIS AGREEMENT.
I. Software License
The Licensed Application is licensed, not sold, to You for use subject to Your compliance with the Agreement. Chattii reserves all rights not expressly granted to You.
a. Scope of License: This non-exclusive license granted to You for the Licensed Application by Chattii is limited to a non-transferable, non-sublicensable license to use the Licensed Application solely for Your personal enjoyment on any authorized mobile device that You own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions(the “Usage Rules”). The terms of this license will govern any upgrades or updates provided by Chattii that replace and/or supplement the original Licensed Application, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern.
b. License Restrictions: This license does not allow You to use the Licensed Application on any authorized mobile device that You do not own or control. You may not use the Licensed Application to provide any services to any other person or entity, and You may not permit any other person or entity to use the Licensed Application. You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application).
c. Violations: Any use or attempted use of the Licensed Application that is outside the Scope of License or contrary to the License Restrictions is a violation of the rights of Chattii and its licensors. If You breach the Agreement, You may be subject to prosecution and damages.
e. Termination: The license is effective until terminated by You or Chattii. Your rights under this license will terminate automatically without notice from Chattii if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.
f. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION IS PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CHATTII HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CHATTII DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION WILLBE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CHATTII OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
g. Limitation of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CHATTII BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL,INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CHATTII HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Chattii’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
h. Compliance with Law; Copyright: You also agree that You will not use the Licensed Application, Services or any Third Party Materials for any purposes prohibited by local government. The Licensed Application and related documentation are "Commercial Items", as such all copyright and commercial local laws apply. Your use of the Licensed Application may also be subject to other local, state, national, or international laws. You under stand and agree it is Your sole responsibility to know what laws may be implicated by Your use of the Licensed Application and that You are solely responsible for complying with such laws. Except where otherwise specified, the contents of the Licensed Application are copyright Mass Impact Pty Ltd. All rights reserved. You are not permitted to use the copyrighted content outside of the normal functions of the Licensed Application without the prior written consent of Chattii’s. All other marks and names mentioned herein may be trademarks of their respective companies.
i. Inquiries: Please direct any questions or comments to Chattii in the form of an email (firstname.lastname@example.org).
You must be 18 years of age or older to use the Services in any manner. By using the Services, You represent and warrant to Chattii that You: (i) are18 years of age or older, and that You have the right, authority and capacity to agree to and abide by the Agreement; (ii) will use the Services in a manner consistent with any and all applicable laws and regulations; and (iii) have not been convicted of any felony and are not required to register as a sex offender with any government authority.
c. USER AGREEMENT:
This Agreement constitutes Your agreement with Chattii with respect to Your use of the Service. You must abide by all of the terms and conditions of the Agreement in order to become or remain an authorized user of the Service.
d. RIGHT TO USE:
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict Your access to parts or all of the Service without notice or liability and for any reason.
e. CODE OF CONDUCT:
You agree to use the Service in accordance with the following Code of Conduct:
i. You will keep all information provided to You through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to You.
ii. You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or otherwise offensive language.
iii. You will not forward chain letters through the Service.
iv. You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person.
v. You will not post messages, pictures or recordings or use the Service in any way that (A) violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or (B) is fraudulent or otherwise unlawful or violates any law.
vi. You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services. Parties responsible for the distribution, promotion or publication of any material containing any solicitation for funds, advertising or solicitation for goods or services agree to pay Chattii, One Thousand AUD Dollars ($1000.00) per account involved with such activities to cover expenses involved with investigation and prosecution of such activities.
vii. You will not use the Service to distribute or upload any virus, or malicious software of any type, or do anything else that might cause harm to the Service, the Website, the Licensed Application, Chattii, its systems, or any other members' systems in any way.
viii. You will not post or transmit in any manner any contact information including but not limited to email addresses, "instant messenger" nicknames or contact information, telephone numbers, postal addresses, URLs, and full names through publicly posted information on the Website and through its Services.
ix. You will not cause the Service to be accessed through any automated or robotic means, including but not limited to the rapid access of the site as in a denial-of-service attack. Such restriction shall not apply to legitimate search engine activity that does not place an unreasonable burden on the Service.
x. You will not use a third-party application such as a mobile smartphone application, social media or other Web page widget, or any other such mobile, social media, Web, or desktop application to access the Service, except where such application is either provided by us or endorsed by us. Such restriction shall not apply to a browser application which merely displays the pages of the Service in their entirety without modification or reformulation of content.
f. MONITORING OF INFORMATION:
We may use third-party advertising companies, such as Yahoo!, Google, and Microsoft, to serve ads when You use Services. These companies may use information about Your interests in order to provide advertisements about goods and services of interest to You. If You would like more information about this practice and to know Your choices about not having this information used by these companies, see www.aboutads.info/choices.
We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, You can visit www.networkadvertising.org.
For third party advertising cookie opt out please visit: https://bit.ly/2Y9DNYz
g. REMOVAL OF INFORMATION:
We do not and cannot review all profiles, public postings, messages or other materials posted or sent by users of the Service. We are not responsible for any of the content of these profiles, public postings, messages or other materials. We reserve the right, but are not obligated to, delete, move or edit profiles, public postings, messages and other materials that we, in our sole discretion, deem to be in violation of the Code of Conduct as set out above or any other applicable content guidelines or deem to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials You may upload to the Service.
h. TERMINATION OF ACCESS TO SERVICE:
We may, in our sole discretion, terminate or suspend Your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of Your access to all or part of the Service at our sole discretion, and You may be referred to appropriate law enforcement agencies.
i. PROPRIETARY INFORMATION:
The Service contains information which is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express written permission of the owner of such information.
j. NO RESPONSIBILITY:
You acknowledge that we are not responsible for interruption or suspension of the Service, regardless of the cause of the interruption or suspension.
You are responsible for maintaining the confidentiality of Your username and password, and You should not allow anyone to use Your password to access any Services. You are responsible for all usage or activity on the Service by users using Your password, including but not limited to use of Your password by any third party. You agree to immediately notify Chattii of any unauthorized use of Your username or password or any unauthorized access to Your account. For Your own security, it is advisable to log out when You finish each use of the Services, especially if You are using a public computer or share a computer with others. When logging into the Services using a public computer please use caution to prevent other people from learning your username and password.
l. INTERACTIONS WITH OTHER MEMBERS:
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT CHATTII.COM CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. CHATTII.COM ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. CHATTII.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. CHATTII.COM RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
IN NO EVENT SHALL CHATTII BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT CHATTII.COM MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.
m. EXTERNAL LINKS:
ii. You understand that by using any of the External Links, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the External Links at Your sole risk and that Chattii shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. It shall be Your sole and exclusive obligation to prevent children and other persons from viewing or accessing any inappropriate content that may be included in or available through any External Links.
iii. By using External Links, You acknowledge and agree that Chattii is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such materials at External Links. Chattii does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any External Links or for any other materials, products, or services of third parties.
v. You understand and agree that your use of External Links may result in harmful or unwanted content or malicious software infecting or interacting with your computer or mobile device. You accept all risk in connection with such External Links, and you agree that Chattii shall have no responsibility to you in the event your computer or mobile device is affected in any way by your use of External Links.
n. PAID MEMBERSHIPS AND PAID FEATURES:
In addition to the free services provided as part of the Services, Paid Memberships (for example, the Chattii Gold) are offered that require payment. Where payment is required, the following additional terms and conditions will apply:
i. Payment: Payments will be charged to Your iTunes Account immediately upon confirmation of purchase by You. It is Your sole obligation to provide accurate and complete credit card information, and to timely update Your iTunes Account with any changes to such information.
ii. Automatic Renewal: Paid Memberships are subscriptions. After Your initial subscription commitment period, and again after any subsequent subscription period, Your subscription will automatically continue for an additional equivalent period, at the price You agreed to when subscribing. You agree that Your account will be subject to this automatic renewal feature. If You do not wish Your account to renew automatically, or if You want to change or terminate Your subscription, please log in and go to Your Account page and optout of automatic renewal of Your purchase at least 24 hours prior to the end of the current subscription period. If You timely opt out of automatic renewal after Your purchase, You may use Your subscription until the end of Your then-current subscription term; Your subscription will not be renewed after Your then-current term expires. You won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Paid Memberships cannot be transferred to any other account.
iii. Termination of Services for Non-Payment: Where payment is required for a Paid Membership or Paid Feature and Your credit card is unable to be charged for any reason, we may discontinue any and all Services to You either temporarily or permanently.
iv. No Cancellation of Services: No cancellation of a current subscription is allowed during the subscription period. All payments for Paid Memberships and Paid Features are non-refundable. You will not be eligible for a prorated refund of any portion of unused Services. Paid Memberships and/or Paid Features cannot be transferred to any other account.
o. MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:
If You believe that any material or content distributed by Chattii constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing is located in connection with Services; Your address, telephone number and email address; a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
p. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES AT YOUR OWN RISK.SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.
CHATTII PROVIDES ON-LINE PERSONAL DATING SERVICES AND TOOLS TO SINGLES AND OTHER SIMILARLY INTERESTED INDIVIDUALS, AS WELL AS FORUMS FOR DISCUSSION AND COMMENTARIES TO SUBSCRIBERS THROUGH THE WEBSITE AND OTHER MEANS OF DISTRIBUTION. CHATTII DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF, OR OTHERWISE ENDORSE ANY INFORMATION CONTAINED ON THE WEBSITE.DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY CHATTII IS OBTAINED, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. WE DONOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE,ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY CHATTII, OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UP ONANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE ATYOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL CHATTII, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BYYOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY CHATTII AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER CHATTII HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU.NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUMOF ONE HUNDRED AUD DOLLARS ($100.00).
EACH PARTY AGREES THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, NO CLAIM MAY BE CONSOLIDATED OR JOINED WITH MORE THAN ONE PERSON’S OR PARTY’S CLAIMS. UNLESS BOTH PARTIES AGREE OTHERWISE, NEITHER PARTY MAY JOIN ANY CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, EITHER PARTY MAY ONLY SEEK AND/OR ACCEPT AN AWARD OF RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND/OR DECLARATORY RELIEF) IN FAVOR OFTHE INDIVIDUAL SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS(S).
You hereby agree to indemnify, defend and hold harmless Chattii and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Chattii reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
This Agreement represents the entire agreement between You and Chattii regarding the use of our Services and supersedes any other agreement or understanding on the subject matter. This Agreement, Your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the Queensland, Australia. As a condition of using the Services, each user agrees that any and all disputes and causes of action arising out of or connected with Chattii, shall be resolved through arbitration, with such arbitration to beheld in Brisbane, Australia.
Additionally, except where prohibited by law, as a condition of using the Services, You agree that any and all disputes and causes of action arising out of or connected to our Services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. You may not assign, transfer or sublicense this Agreement without the prior written consent of Chattii. Chattii may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.
All references to “Website” in this Policy refer to our websites located at www.chattii.com.
We respect and uphold individual rights to privacy and the protection of personal information. We know how important it is to protect Your personal information and want to make every customer experience safe and secure. In keeping with that goal, we have developed this Policy to explain our practices for the collection, use, and disclosure of Your personal information.
For the purposes of this Policy, “personal information” means information about an identifiable individual, including, for example, an individual’s height, birth date, name, home address, telephone number, tax file number, sex, income and marital status. We will only collect, use or disclose personal information in accordance with this Policy, or in accordance with laws applicable to the collection, use and disclosure of Your personal information by us (“Applicable Privacy Laws”).
We have appointed a Privacy Officer who is responsible for our compliance with this Policy. Information on how to contact the Privacy Officer can be found below.
COLLECTION AND USE OF PERSONAL INFORMATION
We collect two types of information through our Services: personal information and non-personal information. The types of information we collect depend on the nature of Your interaction with us.
We may collect personal information such as:
a. Your contact information – for example, Your name and email address;
b. Your personal preferences – for example, language preferences, and marketing consent; and
c. Your profile information – for example, photographs You upload, and other information You provide in Your personal profile, such as Your interests, marital status, Your height, weight and occupation.
Non-personal information does not identify You as an individual. For example:
a. we may collect certain non-personal data, such as the type of browser You are using or the referring URL; or
b. we may collect and summarize customer information in a non-personal, aggregate format for statistical and research purposes. We may, for example, summarize our data to determine that a certain percentage of users are male, aged 18 to 25.
You may choose not to provide us with Your personal information. However, if You make this choice we may not be able to provide You with the service, or information that You requested. For example, we require Your email address in order to verify Your account, which is necessary so that notifications may be sent to You electronically. Should You no longer wish to receive notifications from Chattii when You receive a message from another Chattii user or when another user adds You as a favorite, You may turn these notifications off through Mail Settings. Chattii will not send You notifications after Your account is deleted.
USE OF PERSONAL INFORMATION
We may use Your personal information for a number of different business purposes, for example to:
a. create and display Your online dating profile to other users of the Services;
b. show other users when You have viewed their profiles;
c. compare Your profile and preferences with that of other users to provide both You and other users with potential matches;
d. provide customer support to assist You with Your questions or complaints;
e. conduct surveys in order to improve our services;
f. advise You of changes to our services, or new services that we may implement from time to time;
g. measure and improve the effectiveness of our Services or our marketing endeavours;
h. detect and protect against fraud and error;
i. track and analyze Your preferences to better understand Your service needs and eligibility; and
j. for other purposes as described in this Policy.
We limit the personal information we collect and use to that which is necessary to fulfill our business purposes. We will not collect, sell, distribute or use personal information for any other purposes without Your further consent, except to the extent as required by law or as authorized by Applicable Privacy Laws.
When You choose to provide us with Your personal information You consent to the use of Your personal information as identified in this Policy and as maybe further identified at the time of collection.
Sometimes You will be asked to give Your express consent to our collection, use or disclosure of personal information – for example, by being asked to check a box to indicate Your consent to receive marketing communications.
Other times, You may provide Your implied consent to our collection, use or disclosure of personal information when we can reasonably conclude that You have given consent by some action You have taken or an action You have decided not to take. Generally, this occurs where the purpose for the use of Your personal information would be reasonably apparent to You – for example, when You provide us with personal information through forms to populate Your online dating profile, You provide us with implied consent to publish that information for other users of the Service to view.
Withdrawing Your Consent
You may notify us at any time that You wish to withdraw or change Your consent to our use and disclosure of Your information. We will accommodate Your request subject to legal and contractual restrictions.
INFORMATION WE MAY COLLECT DIRECTLY FROM YOU
Listed here are some further examples of the ways that we collect personal information directly from You and how we use it.
Follow-Up and Surveys
From time to time, we may send You a follow-up letter to thank You for Your use of the Service, or we may contact You to ensure that You are completely satisfied.
We may use contact information collected online to conduct occasional surveys and other customer research. These surveys are entirely voluntary and You may easily decline to participate.
Our Website can be browsed anonymously. However, to engage in certain special features or functions of our Website, You may be asked to provide certain personal information, such as Your email address or demographic information. We use this information to create Your account, contact and correspond with You about Your account, respond to Your inquiries, and monitor functions of our Website that You choose to use.
Our Mobile Applications
If You use any mobile device to access our site and download any of our applications, we may collect device information (such as Your mobile device ID, model and manufacturer), operating system and version information, and IP address.
To supplement our website, we rely on advertisers who wish to serve advertisements to some or all of our users (“Campaigns”) to generate revenue. We never share Your personal information with our advertisers for their Campaigns. However, we will use elements of Your personal information to create a list of users that advertisers may want to direct their Campaigns to. Advertisers may decide to serve advertisements to all of our users (“General Campaigns”), or to send messages to specific segments of our user base (“Direct Campaigns”) based on particular personal characteristics (for example, age, sex or geographic location). In the case of Direct Campaigns, we may use different elements of Your personal preferences to develop and display advertising content tailored to Your preferences.
From time to time we will use some elements of Your personal information(such as Your personal preferences or Your profile information) to generate and send You a list of possible matches from among our other users.
Customer Support Centre
We operate an electronic customer support centre to accept and address Your questions, concerns, or complaints. When You contact our customer support centre, we may ask for personal information to help us respond to Your inquiry or to verify Your identity. For example if You need to make a change to Your account, we will ask for personal information to verify that You are the account holder. We may also monitor or record Your online or telephone discussions with our customer support representatives for training purposes and to ensure service quality.
INFORMATION WE COLLECT AUTOMATICALLY
In some cases, we automatically collect certain information.
When using our Website, we may collect the Internet Protocol (IP) address of Your computer, the IP address of Your Internet Service Provider, the date and time You access our Website, the Internet address of the web site from which You linked directly to our Website, the operating system You are using, the Internet browser You are using, the sections of the Website You visit, the Website pages read and images viewed, and the content You download from the Website. This information is used for Website and system administration purposes and to improve the Website.
The Website uses "cookies", a technology that installs a small amount of information on a Website user's computer to permit the Website to recognize future visits using that computer. Cookies enhance the convenience and use of the Website. For example, the information provided through cookies is used to recognize You as a previous user of the Website, to offer personalized Web page content and information for Your use, and to otherwise facilitate Your Website experience. You may choose to decline cookies if Your browser permits, but doing so may affect Your use of the Website and Your ability to access certain features of the Website or engage in transactions through the Website.
Website Tracking Information
We may use web beacons or pixel tags to compile tracking information reports regarding Website user demographics, Website traffic patterns, and Website purchases. We may also utilize Google Analytics and its User ID function in the collection, compilation and analysis of this tracking information, which allows us to track your use of our Website across multiple devices. We may then provide these reports to advertisers and others. None of the tracking information in these reports can be connected to the identities or other personal information of individual users. For our own research purposes we may link tracking information with personal information voluntarily provided by Website users. Once such a link is made, all of the linked information is treated as personal information and will be used and disclosed only in accordance with this Policy.
More information on Google Analytics may be found at http://www.google.com/analytics/, as amended by Google from time to time.
Links to Other websites
Our Website may contain links to other websites or Internet resources which are provided solely for Your convenience and information. When You click on one of those links You are contacting another website or Internet resource. We have no responsibility or liability for, or control over, those other websites or Internet resources or their collection, use and disclosure of Your personal information. We encourage You to read the privacy policies of those other websites to learn how they collect and use Your personal information.
From time to time we may supplement information You give us with information from other sources, such as information validating Your address or other available information You have provided us. This is to help us maintain the accuracy of the information we collect and to help us provide better service.
DISCLOSURE AND SHARING OF YOUR INFORMATION
We do not sell or license Your personal information to any other party. However, in the normal course of business we may share some of Your personal information with our affiliates and with third parties acting on our behalf or as permitted or required by Applicable Privacy Laws.
We may use third party service providers (for example, web hosting providers, data management providers and/or payment processers) to manage one of more aspects of our business operations, including the processing or handing of personal information. When we do use an outside company, we use contractual or other appropriate means to ensure that Your personal information is used in a manner that is consistent with this Policy.
By registering for a for-fee service and providing Your credit card details, Chattii will use the credit card information You provide to bill You for goods and services. By providing Your credit card details to us, You consent to and authorize us to provide Your credit card details to payment processors and financial institutions necessary to process Your payment.
To provide increased availability of the Website, some of these operations may result in personal information collected by Chattii being stored outside Australia and, as a result, such personal information stored outside of Australia may be accessible to law enforcement and regulatory authorities in accordance with applicable laws of countries outside Australia.
Information Shared Amongst Our Affiliates, Subsidiaries and Divisions
We may share personal information gathered on our Website with and amongst our corporate subsidiaries, affiliates or divisions for internal business purposes in accordance with this Policy. If we do, we will ensure that Your information continues to be used only in accordance with this Policy and your expressed choices.
We may disclose Your information as permitted or required by law. For example, we may be compelled to release information by a court of law or other person or entity with jurisdiction to compel production of such information. If we have reasonable grounds to believe information could be useful in the investigation of improper or unlawful activity, we may disclose information to law enforcement agencies or other appropriate investigative bodies.
SECURITY OF PERSONAL INFORMATION
The security of Your personal information is a high priority for us. We maintain appropriate safeguards and current security standards to protect Your personal information, whether recorded on paper or captured electronically, against unauthorized access, disclosure, or misuse. For example, electronic records are stored in secure, limited-access servers; we employ technological tools like firewalls and passwords; and we ensure our employees are trained on the importance of maintaining the security and confidentiality of personal information. Reasonably secure methods are used whenever we destroy personal information. For example, we currently use SSL encryption with a 2048 bit RSA key digital certificate. However, no system can be completely secure. While Chattii takes steps to secure Your information, we do not promise, and You should not expect, that Your personal information will always remain secure.
REQUESTS FOR ACCESS TO AND CORRECTION OF PERSONAL INFORMATION
Applicable Privacy Laws allows any individual the right to access and/or request the correction of errors or omissions in his or her personal information that is in our custody or under our control. Our Privacy Officer will assist the individual with the access request. This includes:
a. identification of personal information under our custody or control; and
b. information about how personal information under our control may be or has been used by us.
We will respond to requests within the time allowed by Applicable Privacy Laws and will make every effort to respond as accurately and completely as possible. Any corrections made to personal information will be promptly sent to any organization it was disclosed to.
In certain exceptional circumstances, we may not be able to provide access to certain personal information it holds about an individual. For security purposes, not all personal information is accessible and amendable by the Privacy Officer. If access or corrections cannot be provided, we will notify the individual making the request within 30 days, in writing, of the reasons for the refusal.
REMOVAL OF YOUR INFORMATION
We keep Your information only as long as we need it for legitimate business purposes and to meet any legal requirements. Personal information used to make a decision that directly affects an individual will be kept for at least one year after such a decision. We have retention standards that meet these parameters.
CONCERNS OR QUESTIONS REGARDING OUR COMPLIANCE
Questions or concerns regarding our compliance with this Policy may be directed to the Privacy Officer, Ryan Solomons, at email@example.com.