Please read carefully the following provisions of this “Terms & Condition” of mychatClub.
MCC is offered and available to users who are 18-years old or older. By using MCC, you state that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use MCC.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software includes trade secrets and information that is confidential and proprietary to MCC and you agree to take all necessary actions to protect the confidentiality of such information. All ownership rights in the Software and Services, including any related documentation and any new releases, modifications, and enhancements thereto belong solely to MCC and its licensors, if any, including all intellectual property rights therein. MCC and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by the Company, its licensors, or other providers of that material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Software is licensed, not sold. Title does not pass to you. There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right. MCC hereby expressly reserves all rights in the Software and all Services which are not expressly granted to you hereunder.
The Company name, the term mychatClub, the Company logo, and all related names, logos, product and service names, designs, and slogans are service marks and trademarks of the Company or its affiliates or licensors (if any). You must not use those marks without the Company’s written permission. All other names, logos, product and service names, designs, and slogans on MCC are the service marks and trademarks of their respective owners.
You may use MCC only for lawful purposes and in accordance with this agreement. You must not use MCC to:
- copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software or any of the Services;
- sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export or grant other rights in the Software or Service and any attempt by you to take such action shall be void;
- decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software or any of the Services by any means whatsoever;
- remove, obscure or alter any copyright and/or other proprietary notices contained on or in or otherwise connected to the Software or any of the Services; or
- use the Software or any of the Services to create or proliferate a virus or to circumvent any copy protection or other digital rights management mechanism.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- use the Software or any of the Services for any illegal or unauthorized purpose,
- use the Software or any of the Services in any manner which could damage, disable, overburden or impair any of the Services,
- transmit worms, viruses or any code of a destructive nature,
- Use any robot, spider, or other automatic device, process, or means to access MCC for any purpose, including monitoring or copying any of the material on MCC.
- display, transmit or share any content consisting of text, sounds, audio, pictures, photos, video and/or any type of materials, information or communications (“Content”) deemed hateful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libelous or defamatory, or any Content that encourages conduct that would be considered a criminal offense or bring forth civil liability,
- attempt to hack, destabilize or adapt MCC’s website, the Software (or its source code) or any of the Services, or alter another website so as to falsely imply that it is affiliated with MCC or
- use or access any of the Services by any means other than through the interface provided by MCC.
Content transmitted by the use of the Software and Services is entirely the responsibility of the person from whom such Content originated. You use the Software and Services at your own risk and understand that by using the Software or any of the Services, you may be exposed to Content that is offensive, harmful to minors, indecent or otherwise objectionable. MCC does not endorse any Content and hereby expressly disclaims any and all liability in connection with any and all Content transmitted or displayed using the Software and/or Services. You hereby release and discharge the MCC Parties/their Affiliates/Service Providers (as defined below) from any and all claims and demands arising out of or relating to any Content.
The Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any third party software or technology that is incorporated in the Software falls under the scope of this Agreement.
For particular Devices, MCC may ask your permission to use your native SMS application to deliver messages or invitations to people who are not registered users of the Services and with whom you choose to communicate. Some of these services may charge additional fees.
MCC can use carrier distributed mobile Messaging or third party mobile messaging applications (SMS) to verify ownership of registered mobile number.
The Software and Services are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements (“Emergency Services”). There are important differences between traditional telephone services and the Software and Services. You acknowledge and agree that: (i) MCC is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the Software, traditional wireless (cellular) or fixed line telephone services that offer access to Emergency Services, and (iii) MCC is not a replacement for your primary telephone service.
MCC reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Software or Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your wireless (cellular) carrier regarding such unauthorized use.
You hereby authorize MCC to collect and use the address books, contact lists, and unique phone identifiers (IMEI, UDID, or other) contained in the Devices to which you have downloaded the Software for purposes of your use of the Services.
The Premium and all kind of paid contents & item Services may be offered on a subscription basis, per usage basis, per minute basis or as otherwise described at the time of your purchase, and may be payable in advance, in arrears, per usage, or as otherwise described at the time of your purchase. If you purchase any Premium and all kind of paid contents & item Services, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the charges are payable and whether charged by MCC or the online application store from which you downloaded the Software (the “Application Store”). You agree to abide by any relevant terms of service or other legal agreement that governs your use of a given payment processing service and/or method. If you purchase Premium and all kind of paid contents & item Services on a subscription basis, you acknowledge and agree that this is a recurring payment and payments shall be made by the payment method and payment intervals you have selected, until the subscription for the Premium and all kind of paid contents & item Services is terminated. You agree that if you purchase Premium and all kind of paid contents & item Services through an Application Store, all payment related questions, issues, disagreements and/or disputes shall be handled in accordance with the terms of service or other legal agreement that governs your use of a given payment processing service and/or method, and in no event will MCC have any responsibility in connection with any of the foregoing.
Payments are non-refundable and there are no refunds or credits for partially used periods/credits, except that we may approve a refund in the form of a credit on request if exceptional circumstances exist. If you believe exceptional circumstances exist, please contact us and explain the circumstances that you believe merits a refund. We are not making any promise that we will give you a refund. If we give you a refund, we will issue the refund in the form of free services or a credit to the payment method you used for your purchase; we will not make refunds in the form of cash or check. The provision of a refund in one instance does not entitle you to a refund in the future for similar instances; nor does it obligate us to provide refunds in the future, under any circumstance. Refunds are not available to users who are banned by MCC or its community.
You may terminate your use of the Services at any time by uninstalling and deleting the Software from all of your Devices. If you have subscribed to any Premium and all kind of paid contents & item Services, you agree that you are solely responsible for directly terminating all payment obligations you may have with any Application Store and/or payment processing service in connection with the Premium and all kind of paid contents & item Services.
You understand that we (MCC Parties) cannot and do not guarantee or warrant that our Software available for downloading from the Internet or the App Stores will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to MCC for any reconstruction of any lost data. We (MCC Parties) will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of MCC or any services or items obtained through MCC or to your downloading of any material posted on it, or on any website linked to it.
Your use of MCC, its content, and any services or items obtained through MCC is at your own risk. MCC, its content, and any services or items obtained through MCC are provided “as is” and “as available,” without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company (MCC Parties) is making any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of MCC. Neither the Company nor anyone associated with the Company (MCC Parties) represents or warrants that MCC, its content, or any services or items obtained through MCC will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that MCC or the server that makes it available are free of viruses or other harmful components, or that MCC or any services or items obtained through MCC will otherwise meet your needs or expectations.
The MCC Parties disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including any warranties of merchantability, noninfringement, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
YOU UNDERSTAND AND AGREE THAT YOU TRANSMIT, DISPLAY OR RECEIVE CONTENT THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE AND COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT.
In no event will the MCC Parties, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, MCC, any content on MCC, or any services or items obtained through MCC or MCC Software or any of its Services, including any direct, indirect, special, incidental, consequential, or punitive damages, including personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
To the fullest extent provided by law, in no event will the collective liability of the MCC Parties and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to the MCC for the applicable service in the last three months out of which liability arose.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchased through the site.
YOU AND MCC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY OF THE SERVICES OR SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If you downloaded the Software from the app marketplaces, you further acknowledge that the app marketplaces have no responsibility for addressing any claims relating to the Software or Services or your possession and/or use of the Software or Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Software or Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
YOU ACKNOWLEDGE AND AGREE THAT MCC HAS OFFERED ITS SOFTWARE AND SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS ON LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS ON LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND MCC AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS ON LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MCC. MCC WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Any comments, suggestions, or feedback relating to the Software or any of the Services (the “Feedback”) submitted to MCC shall become the property of MCC. MCC will have exclusive ownership of all rights to the Feedback. MCC will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to you or any other person. MCC will not be required to treat any Feedback as confidential. You agree that you do not acquire any right in or to the Software or any of the Services (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that you are responsible for whatever material is submitted by you, including its legality, reliability, appropriateness, originality, and copyright.
MCC may provide you with notices, including those regarding changes to terms and conditions, by email, or postings on the MCC website. Notice will be deemed given twenty-four (24) hours after email is sent, unless MCC is notified that the email address is invalid. Notice posted on the MCC website is deemed given ten (10) days following the initial posting. MCC reserves the right to determine the form and means of providing notifications to our users.
This term of use represents the entire agreement constitute the entire agreement between you and the MCC Parties regarding MCC Software and its Services and supersedes all earlier and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding MCC Software and its Services. Additional terms may also apply to specific portions, services, or features of MCC. All those additional terms are incorporated by this reference into this agreement.
You acknowledge that the obligations made hereunder to MCC are of a unique and irreplaceable nature, the loss of which shall irreparably harm MCC and which cannot be replaced by monetary damages alone so that MCC shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
You acknowledge that, with a unique and irreplaceable nature of the obligations under this Agreement undertake to MCC its loss would be irreparable harm MCC, and it cannot be replaced only by monetary damages, so MCC is entitled to injunction or other equitable relief (no obligation). If there is any breach or anticipatory breach, you can post any bond or deposit. You irrevocably waive all rights to seek an injunction or other fair remedy.