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Terms of Use

Effective: October 31, 2016

WELCOME!

We are delighted that you have chosen to join the fun by using Chat Cards! We created this ‘Terms of Use’ agreement (“Agreement”) so you can know the rules regarding the use of our app (“App”).

This Agreement sets forth the terms and conditions that apply to your use of the ‘Chat Cards’ App, website, products or services (“Services”). Please read this Agreement carefully as it is legally binding between you (along with any entity you may legally represent to utilize our Services), and ‘Chat Cards’ (“we”, “us” or “our”). We are the operator of the Services and have written this Agreement in the English language. If any version translated into another language should conflict with the English version, the English version will control such conflicts. Capitalized terms used in this Agreement shall have the meanings ascribed to them by the section in which such term is defined.

Before you create an account (“Account”) with our Services or use our Services in any manner, it is required that you first read, understand and accept the entirety of the terms and conditions set forth in this Agreement including all tandem documents such as our ‘Privacy Policy’ (“Policy”). Our Policy also contains detailed information about ‘cookies’ and how we may use cookies in our Services. You can access our Policy on the ‘Chat Cards’ app (“App”) without creating an Account or logging in by simply going to the ‘Log In’ page of our App and tapping the ‘Privacy Policy’ link at the bottom of the screen. Once you’ve created an Account and have logged in, you can then access our Agreement and Policy on the App by going to the homepage newsfeed and tapping the ‘more’ button and then selecting either the ‘Terms of Use’ tab or the ‘Privacy Policy’ tab.

If you have any difficulty comprehending this Agreement in its entirety, please consider engaging a competent legal professional with expertise in the area of business and technology contract review in order for you to understand what you are agreeing to. You are only allowed to use our Services once you can fully comprehend this entire Agreement and you accept the entire terms and conditions set forth herein. This Agreement will apply from the time of your first access and/or use of our Services. By accessing and/or using the Services, you affirm that you have read, understood, accept and agree to the terms and conditions of this Agreement.

We reserve the right to change, alter or modify this Agreement at any time and for any reason that we deem necessary or appropriate. Any changes made will take effect immediately, unless we state otherwise in writing. Your continued use of the Services following any revision we post will constitute your acceptance of the changes we have made.

We may make changes to this Agreement from time to time and any changes to this Agreement will be incorporated into this document. We will notify you of any changes by posting a “Revision Date” that we will display at the top of this Agreement. We will attempt to notify members and users of our Services about changes to this Agreement via ‘Alerts’ on the App, and/or by posting notifications on the homepage newsfeed, and/or via email. However, we encourage you to review this Agreement whenever you access our Services in order to see if a “Revision Date” has been posted so that you can remain informed about any possible changes and/or updates that may have occurred.

This Agreement controls to whatever extent it may conflict with our Policy, cookies and/or any other statements, information, instructions, documents, dialog boxes or links on our Services.

This Agreement applies solely to our Services only, not to other websites, apps, products or services that you may be able to access from our Services and/or reference or link to from our Services. Those other websites, apps, products or services may have data collection and use practices that differ from our practices along with different user agreements, privacy policies and cookie policies that we do not control and that do not apply to us and therefore, we will not be held liable, accountable or responsible when you interact with these other sources.

Some of the Services we offer may include, but are not limited to, software or programs that you can download to some and/or all of your various electronic devices such as but not limited to; computer; laptop; phone; smartphone; tablet, wearable device, television, entertainment device, communication device, internet device or other similar type devices (“Devices”). By using our Services and in accordance with this Agreement, you agree that we may upgrade our software and/or programs to new, enhanced and/or modified versions at any time and that we may automatically download the newest version to your Devices.

All references to any dollar amounts in this Agreement and/or on our Services shall be in U.S. dollars only unless specifically indicated otherwise.

If you have general questions regarding this Agreement or the use of our Services, please first review all documents available through our Services. If you have unanswered questions after reviewing our various documents, please contact us directly by emailing us at: Email@ChatCards.com (when emailing us, please be sure to provide a short general description in the ‘Subject’ line as to what your email is about).

1. SERVICE AREA / RESTRICTIONS & USER ACCOUNTABILITY:

The Services that are provided by us are hosted from facilities located in the United States. The Services are not intended for distribution or use by any person or entity outside the United States where the regulations and laws of that location or country would be different or in conflict with United States law as pertaining to the use, functionality and data collection of our Services or where we would be required to register in that jurisdiction or country.

We make no claim or warranty that our Services are either functional, accessible and/or allowed to be utilized in other locations outside the United States. If you attempt to utilize our Services outside of the United States, you do so at your own volition and take full responsibility for abiding by the laws and regulations that govern that jurisdiction. If you attempt to utilize our Services outside the United States where laws and regulations pertaining to collection of personal data (including usage and disclosure) differ from laws of the United States (and California law pertaining to our Services), you are advised that by your continued usage of our Services, your personal information and/or data and/or Info is being transferred to our Services in the United States and you are allowing and consenting to that transfer which will be governed by California law.

We reserve the right to limit our Services in whole or part and the content thereof, at any time and for any reason, to any person, country or location at our sole discretion. We will not be held responsible and/or liable for anyone using our Services outside of United States in which their location, area or country have regulations and/or laws that are contrary to and/or conflict with United States and California law.

2. AGE REQUIREMENTS:

All users of the Services must be at least 13 years old or older. It is prohibited for anyone under the age of 13 to create an Account and/or use our Services.

Minors that are 13 years old and older may use our Services provided that they have full permission, consent and authorization by their parent(s) and/or legal guardian(s) and their parents and/or legal guardians have agreed to this Agreement and our Policy and to abide by the terms set forth herein for both themselves and on behalf of the minor.

Adult users of our Services must be of sound mind and legally able and competent to consent and enter into and be bound by this Agreement and all it entails. All users of our Services agree that they must be competent and able to fully understand, follow and abide by the terms, conditions, warranties and obligations as set forth in this Agreement.

3. PRIVACY POLICY & COOKIES:

Your privacy is extremely important to us. Please review our Privacy Policy page for full details regarding your privacy along with information on how we may use cookies with our Services.

You can access our Policy on our App without creating an Account or logging in by simply going to the ‘Log In’ page of our App and tapping the ‘Privacy Policy’ link at the bottom of the screen. Once you’ve created an Account and have logged in, you can then access our Policy on the App by tapping the ‘more’ button on the homepage newsfeed and then tapping the ‘Privacy Policy’ tab.

4. OVERVIEW OF OUR SERVICES:

Some of the features and functionality referenced in this section and throughout this Agreement may or may not be currently available on our App and/or Services and may be offered at a future time and/or may never be offered and/or may be removed or deleted from our Services on either a temporary or permanent basis.

Our Services provide a social network; interaction; sharing and gaming platform for users to view content, share content, post content, interact, socialize, communicate, play games and/or conduct transactions with their friends and other users on the App and/or through our Services. This is done through posting content, voting, messaging, gaming, phone calls, video calls, sharing, commenting, photos, images, videos, dialog, text, feedback, ratings and through ads, listings and the buying and selling of tangible, intangible and digital goods and/or services. Our Services can be currently accessed and utilized through our App and may be available on our website or through other sources.

We reserve the right to change, modify, pause, discontinue and/or terminate our Services (in whole or in part) either on a temporary or permanent basis at any time and without notice and without any form of refund, reimbursement, compensation and/or restitution to you. In such cases, you may lose part or all of purchases and/or any content you submitted, shared, purchased, collected and/or saved on our Services. You agree that we shall not be held liable for any damage, loss and/or inconvenience caused to you should any of the above actions take place.

The ‘Chat Cards’ App is one of the Services we offer and is a fun new social network that lets you interact, vote and play games with your friends, followers and other public users in which you can: view content; post and share content including pictures, videos and text; vote, comment, take surveys, answer questions; give reviews and play games. You can play pictures like a puzzle and others can play your pictures like puzzles. You can win points for playing the puzzles (you cannot lose points when playing puzzles). Each time you vote on a post, you’ll also receive a fun little bonus game. You can win points if you win the bonus game and you’ll lose points if you lose the bonus game. All your points are stored in your point bank.

You may also be able to view and post Info and content to your wall and/or newsfeeds and to other user walls and/or newsfeeds, which include but are not limited to: comments, votes, ratings, feedback, images, pictures, videos, statuses, surveys, listings, buying and selling, ads and more.

Our Services allow you to follow other users and for other users to follow you. You can also view the profiles, posts, content, statuses, pictures, videos, game stats, point info, followers and those you’re following, Info and comments of people, friends, followers, people you’re following and other users who post their information to our Services (either publically, privately or anonymously). Likewise, when you post your content, then other users (including those outside of your followers group) will be able to view your profile, posts, content, profile, statuses, pictures, videos, game stats, point info, followers and those you’re following, comments and other Info.

You can vote on user’s posts and other users can vote on your posts. When you create your post, you will see a list of voting buttons that you can select from. Choose the buttons that best apply to your post. People can then vote on your post by selecting one of the buttons and you can see the results of how people voted. You cannot vote on your own posts. When you vote on other user’s posts, you are allowed to change your vote at anytime. You can view a list of the people that voted on any post by tapping the ‘people’ button next to the voting graph. You cannot see the list of voters on a post until you first vote on that post. Other users can also see the voting results and voter list on your posts. If you vote on a post, other users will be able to see your name on the voting list along with the button you selected.

You can leave comments on your own posts and on other user’s posts and other users can comment on your posts. Your name will be attached to any comment you make on a post. You can delete any comments on your own posts (including those comments left by others). You can edit your own comments at any time on any post. However, when you comment on another user’s post, you can edit and delete only your own comments, but you cannot delete other user’s comments.

You may also be able to post content privately in which case only those you select and authorize are able to access that specific content. Private posts are not to be shared as they do not have a ‘share’ button on them. However, private posts will have a button on them which will display the list of the names and/or user names (and other Info) of the people who were selected to access the private post (both the sender of the private post and the people who can access the private post can tap the button and view the list of names). However, we cannot guarantee or warranty that such private information you send or post through our Services will not be accessed and/or viewed by the public or others that you have not authorized. Therefore, you agree not to hold us responsible or liable should such situations occur.

You may also be able to post content anonymously. When you post anonymously, your name and profile picture are removed from the post. Other users will simply see the content of the post, but the identity of the poster will be displayed as anonymous. However, we cannot guarantee or warranty that your identity will not be discovered by others when you post anonymously. Therefore, you agree not to hold us responsible or liable should such situations occur.

When you submit a ‘public’, ‘private’ or ‘anonymous’ post, you can select if you want the post to be ‘standard’ or ‘24 hours’. If you choose standard, your post will remain posted until you delete it. If you choose 24 hours, your post will have a small red clock on it which signifies that it will automatically delete itself and disappear in 24 hours. Once a 24 hour post disappears, it is permanently deleted and you won’t have access to it again. We cannot guarantee or warranty that any ‘disappearing’ post you submit will expire and be removed from our Services at exactly the 24 hour mark. Posts may expire sooner or longer than the 24 hour period.

When you post content on our Services, you can post just text, or you can post a picture, image or video. When posting a picture or image, you can type a caption. You can either type the caption ‘On the Pic’ (so that the words appear on the picture like a ‘meme’), or you can type the caption ‘Below the Pic’ (and the words will appear below the picture). You can also adjust the font size of your caption when its ‘On the Pic’. When creating a post with a picture, you can also use our ‘colored pencil’ tool to doodle and draw on the picture.

When you create a public post, you will have the option to select any people you’d like to ‘tag’. Tagging means that the people you tag will be sent an ‘alert’ and be notified about that particular post. As you complete your post, you will be shown a list of the people you’re following and you can select any of those people to tag. When you tag someone, they will be sent a notification that they have been tagged in a post. You can only tag people when you create a ‘Public’ post (you cannot tag people when you create a ‘Private’ or ‘Anonymous’ post). You can also tag people when you share a post publically. When viewing the ‘tagged’ list on a shared post, it will show the list of people who were tagged by the sharer (not the original poster). Tagging is optional, you are not required to tag people when you post.

To view a list of the people who were tagged on any specific post, simply tap the ‘Tags’ button located on that post. When you tap the ‘Tags’ button, you’ll see a list of the people that were tagged on that post. Anyone can tap the ‘tags’ button on a post to view the list of people that were tagged.

You can also share posts and content that others have posted on our Services. Likewise, others can share your posts and content that you broadcast and display on our Services. Private posts are not to be shared as they do not have a ‘share’ button on them. Any posts you share may be deleted by you at any time, but you will only be deleting the ‘shared’ version of the original post. Since the original post was not posted by you, the original post will remain displayed on our services. If anyone shares a post that you originally posted and you choose to delete your original post, then all shared versions of your original post will also be deleted at the same time. Whenever a ‘24 hour’ post is shared, the shared versions will also expire and disappear at the same time the original post reaches the 24 hour mark and disappears.

Any post that is originally posted by you can be deleted at any time at your discretion by simply tapping the little button on the post and then selecting ‘delete’. However, please be aware that once you post content (whether public, private, anonymous, shared or otherwise), others may have copied, saved or taken a screenshot of the image or content, therefore your post/content may still be retained and/or circulated/viewable by others even though you deleted it or posted it as private or anonymous. Please use wisdom and discretion when posting and be aware that others have the ability to copy, save and repost it. When you delete a post, the actual original post is then permanently deleted as viewable content on our Services, however, we do retain copies of deleted content in our servers and backup files.

We offer several newsfeeds for you to select from to view posts and content from others. Tap the big blue bar at the top of our homepage newsfeed and it will open up other various newsfeed categories for you to select from. You will also be able to filter the newsfeeds so that you can see posts from ‘everyone’ or just from ‘people you’re following’. When you post content, your post will appear on specific newsfeeds depending on whether your post is ‘Public’, ‘Private’ or ‘Anonymous’. Your posts will appear on various newsfeeds depending on which categories they qualify for. So your posts may appear in several different newsfeed categories at the same time. Your name will appear as the person who posted the content on all public and private posts (only the people you select can access your private posts). Your name and profile picture are omitted on any anonymous content you post. To view all of your own posts that you submitted, go to your profile page and tap the ‘posts’ button. To view only the pictures on the posts you submitted, go to your profile page and tap the ‘pics’ button.

For additional information on Chat Cards including: content display; posting methods; privacy; playing; points; voting; commenting; level ranking; blocking; reporting and more, please review the following documents: Privacy Policy; How This Works; Reporting & Blocking. To access these documents, log in to our App and tap the ‘more’ button on our homepage newsfeed and then tap the document name you wish to access.

For details pertaining to your privacy (and also how your privacy is affected regarding your postings and content), please review our Privacy Policy which you can access by going to the ‘Log In’ page of our App and tapping the ‘Privacy Policy’ link at the bottom of the screen. You can also log in to our App and tap the ‘more’ button at the bottom of the homepage newsfeed and then tap the ‘Privacy Policy’ tab.

5. FOLLOWERS & FOLLOWING:

We offer a simple ‘following’ system that allows you to follow people so you can receive their posts and content on your newsfeeds. Likewise, people can follow you and receive your posts and content on their newsfeeds.

To follow someone and add their content to your newsfeeds, simply tap the little round ‘plus’ icon button on their post or next to their name. The ‘plus’ icon will then change to the symbol of a ‘right foot’ which means you are now following them. To unfollow them, just tap the right foot icon. You will now see the ‘plus’ button appear again and you will no longer be following them.

When someone is following you, you will see a ‘left foot’ symbol next to the ‘plus’ button. If you are following someone and they are also following you, then you will see both the ‘left foot’ and ‘right foot’ symbols together – this means you are following each other. You can unfollow that person anytime by tapping the ‘right foot’ icon (which will make the ‘plus’ button reappear).

When you tap the ‘plus’ button to follow someone, they will receive a notification that you are now following them. Likewise, when someone follows you, you will receive a notification that they are now following you. When you unfollow someone, they will not be notified that you are no longer following them. You can view a list of the people you’re following and the people following you by tapping the ‘2 people’ icon button located at the bottom button bar of the homepage newsfeed page or by going to your profile page. You can also go to other user’s profile pages to view their ‘follower/following’ list (and other users can go to your profile page to view your list of your followers and the people you’re following).

6. PLAYING PUZZLES:

All pictures posted on Chat Cards can be played like a puzzle. You can play other user’s pictures and other users can play your pictures. Pictures will be sliced up into pieces and mixed up so you can slide the pieces around and put them into the right spots. To play a picture puzzle, simply tap the little ‘puzzle’ icon button above any picture. You will then be able to select between 4 game levels: Easy / Medium / Hard / Insane. The harder the game level, the more pieces the puzzle will have and the more points you can win.

There is a fixed number of points you can win on each puzzle you play (the harder the game level, the more points you can win – any points you win are added to your ‘Point Bank’). However, each time you make a wrong move, the amount of points you can win is reduced. If you make lots of wrong moves, the points you can win will eventually go down to zero, but you will still be able to keep playing to finish the puzzle. You will never lose points from your point bank when playing picture puzzles, you will only be able to win points (or get zero points if you’ve made too many wrong moves).

If you need some help to put the puzzle together, you can always tap the ‘Hint’ button which will put one of the puzzle pieces into the right spot for you (each time you use the ‘Hint’ button, it will reduce the points you can win by 10 points). You can also exit a puzzle at any time by tapping the ‘X’ (close) button.

Each picture puzzle can be played multiple times and the person with the highest combined point score will win a trophy and become the new ‘Puzzle Leader’ for that picture. Each time someone beats the high score, then that person will win a trophy and become the new puzzle leader for that picture.

7. PUZZLE LEADER AND LEADER BOARD:

Each time you complete a puzzle, you’ll see a score card which shows the amount of points you won on that game. You can play the same picture puzzle multiple times and all the points you win on each game are combined together to form a single grand total score. If your grand total is the highest point score compared to other players, then you win a ‘Trophy’ and become the ‘Puzzle Leader’ for that picture. You can view how many trophies you’ve won by going to your profile page and you can view how many trophies other users have won by going to their profile pages. Likewise, other users can see how many trophies you’ve won by going to your profile page.

When you win a trophy, your name will now appear in the banner on top of that picture as the new ‘Puzzle Leader’. When people see that picture on the newsfeeds, your name will be displayed on top of it as the ‘Puzzle Leader’! Everyone will see your name on the banner.

The ‘leader board’ will show you a list of people who played a specific picture puzzle (you will see their scores and the positions they are in). To view the leader board of a specific picture, just tap the ‘Puzzle Leader’ banner on top of any picture. You’ll then see the list of people who played that picture along with their scores and positions. If you are on the leader board, your name will be displayed for everyone to see.

8. BONUS GAMES:

Each time you vote on a post, you’ll receive a special little bonus game that is lots of fun. You will see two playing cards: one playing card will be showing and the other will be face-down. Simply guess if the face-down card will be higher or lower than the card shown. You do not have to play the bonus game if you do not want to. If you play the bonus game, you will be playing against the person who posted the post. If the post was shared, then you will be playing against the person who shared the post. We may swap, change, modify or rotate the type of bonus games and the general concept of this feature at any time.

You will be playing for points against the person who posted or shared the post (all points you win will go into your ‘Point Bank’). The amount of points you’ll play for will depend on the value of the card that is showing. If you win, you will be awarded points from Chat Cards and they will be added to your bank (the person who posted or shared the post does not lose points from their bank when you win the game). However, if you lose, then you will lose those points from your point bank and the points will be awarded to the person who posted or shared the post. So each time someone votes on one of your posts and they play the bonus game and lose, you’ll get points added to your bank!

9. POINT BANK:

You win points by playing puzzles and bonus games. You cannot lose points by playing puzzles, but you can lose points when you lose a bonus game. All points you win will be held in your point bank. When your name is displayed on posts, search results and other areas of our Services, your point bank total is also shown. Users can also see your point bank total along with all your point bank data including the points you won today, by going to your profile page. If you lose all your points and your point bank gets down to zero, you can still play, but your point bank total can now drop down into negative points if you lose more bonus games. You can get out of the negative points by simply playing more puzzles and winning more bonus games.

We may offer one or more concepts, mechanisms, games and/or systems whereby the user can generate ‘points’ by utilizing our Services. We reserve the right to modify, change, enhance, withdraw, terminate and/or dissolve our games and/or playing features and/or points and/or point program(s) and/or your point totals, stats or leader board data at any time with no reimbursement, refund, restitution and/or compensation to the user or user Account.

We will not be responsible or liable for any playing, gaming and/or point errors that may be encountered by our users due to any reason, including but not limited to: our Services, other users, hackers, human error, computer or Device error and/or programming and/or code error, Service downtime or maintenance, Service upgrades, Service interruption, game defects, glitches, acts of God or otherwise. We reserve the right to modify, withdraw, terminate or eliminate playing, gaming and/or the point system and/or any points accumulated on any Account at any time at our sole discretion. You may not use bots, automated programs, or any system or device (manual or otherwise) to generate or modify points, increase or modify level ranking outside of the normal scope of use, harvest data or user names or information, view private or anonymous data or our confidential data, or affect and/or infiltrate our Services and/or our user base at any time. You may only use our Services within the scope of the normal functionally in how our Services and features perform and are intended to be used.

Generating points is a byproduct of the normal, ordinary use of operating our Services. Users are not permitted to create a system or method and/or collaborate with others in ‘Shill Gaming’ (or any other method or activity) which utilizes our Services in such a manner as to focus primarily on generating and/or harvesting points that go beyond the normal scope, intention, design and purpose in how our Services were intended to be used. Such conduct may be grounds for suspension and/or termination and will be determined on a case by case basis solely at our discretion.

10. LEVEL RANKING:

Our Services may include a program whereby users can obtain various ‘levels’ or ‘ranks’. There will be specific requirements that must be achieved by a user in order to reach the next level or rank.

When you register on Chat Cards and create an account, you start at the ‘two of hearts’ level. Your levels will increase as your point bank value increases. To increase your point bank value, you’ll need to win points by playing more picture puzzles and also by voting on posts so you can play bonus games. The next level you’ll go to after the ‘two of hearts’ is the ‘two of clubs’. You’ll then go to the ‘two of diamonds’ and then to the ‘two of spades’, then the ‘three of hearts’ and so on. As your point bank increases, you’ll continue to go higher in your levels until you reach the ‘ten of spades’ level.

Once you reach the ‘ten of spades’ level, there will be additional qualifications needed (aside from your point bank value) in order to reach the ‘face cards’ and ‘aces’ levels (Jack; Queen; King; Ace). To capture those levels, you will need ‘Puzzle Leader’ trophies along with other special qualification requirements. To view your current level, go to your profile page and it will be displayed there. You can also view the level of other users by going to their profile pages and other users can view yours by going to your profile page.

We may change or alter the qualification requirements at any time and for any reason we deem necessary. We reserve the right to modify, change, withdraw, terminate and/or dissolve our ‘level’ and/or ‘rank’ program(s) and/or your level ranking at any time with no reimbursement, refund and/or restitution to the user or to the user Account.

11. ALERTS & NOTIFICATIONS:

We will send you alerts on the App in the form of red badges to inform you of such things as, but not limited to: new followers, new private posts, new tagged posts, new votes, new comments, new puzzle scores, new shares and more. The red badges will have numbers in them to notify you to the number of alerts you have. The red badges will appear on the icon buttons on our homepage and also on the App launch button.

We will also provide you with ‘Push Notifications’ which can alert you to such things as, but not limited to: new followers, new private posts, new votes, new comments, new puzzle leaders and more. The push notifications will keep you instantly updated in near real time and will attempt to enhance your overall fun and enjoyment in using our App and/or Services. When using some of our features, such as but not limited to: posting content, writing captions and comments, voting, playing games, following someone, etc., such Info will therefore be shared with friends and/or the public that you are engaging with via push notifications and/or through other methods (such as but not limited to ‘Alerts’), they will also be able to see your posts and content on the various newsfeeds through our Services. When you perform certain actions on our App and/or Services, your name may appear on the push notifications sent to others. You can always revoke your permission for push notifications to be sent to you by using the settings on our App or the settings preferences function of your Device. We may also share dissected and/or aggregated Info of yours that is not personally identifiable information about you and is of a nondescript nature. We may share this Info with service providers, advertisers, partners or others.

12. BLOCKING & REPORTING:

You can block any user’s account on our App and/or Services at any time and you can also unblock them at any time. Blocking a person’s account will prevent that account from being able to access your profile page and/or follow you and/or receive your posts on their newsfeeds. When you block someone, your account will likewise be unable to access the blocked person’s content. If two people’s accounts mutually block each other, then the content cannot be accessed by either account until both blocks are removed (so if one account unblocks the other account, the content is still restricted for both accounts until the other block is removed). Blocking does not prohibit or prevent you from being able to still report the other person should the need arise. You can still find the blocked person by conducting a search; you can then tap the button on their tab to either unblock them or report them. Please note that blocking an account does not necessarily guarantee that the user of that account can no longer view or access your content. You agree that we will not be held responsible or liable should a blocked account still gain access to your content. Once you block an account, you can unblock that account at any time to remove the restrictions, however, if that account has also put a block on you, then the restrictions will remain until both blocks have been removed.

In the event you need to report a person or a specific post for violating our Agreement or for any other legitimate reason, you just need to tap the button on their post and select the reporting preference you desire. Any report submitted to Chat Cards will be confidential and the person submitting the report will not be identified or broadcast to others. We will investigate and examine all reports submitted to us on an individual basis to determine if any action is needed and what the appropriate response and recourse in each circumstance may be. You will not receive information or an update as to the outcome and/or action of our decision.

13. ACCOUNT REGISTRATION:

We reserve the right to refuse access and/or use of our Services to anyone at any time for any reason and in our sole discretion. You are not allowed to use the Chat Cards name (or any form thereof and/or any similar sounding derivative) as your Account name or user name or as a portion of your Account or user name. You are not allowed to impersonate and/or infringe upon another person’s name or trademark by using either their name, likeness, image, personal information or other Info for your Account.

You can use a portion of our Services without creating an account or logging in. In order to fully use our Services, you must first create an Account by registering. We may offer (at our discretion) the option for you to open a free Account or you can purchase a premium Account for a fee and/or purchase additional features for a fee. A fee based premium Account and/or additional features will entitle you to additional functionality and/or benefits that may enhance your overall enjoyment with our Services (premium Accounts and/or features may or may not be currently available). All payment information made by credit card will be encrypted and processed through an elaborate secured processing agent (please see our Policy for further details about how we collect and use your Info along with the storage and security measures we utilize). Payments for premium Accounts and/or features are non-refundable for any reason.

We reserve the right to modify, change or eliminate any of our Account programs, features or fees at any time and for any reason we deem necessary (such as but not limited to: creating multiple paid / premium Account programs at the same fees and/or varying fees; creating initial free Account program periods for free Accounts and/or paid / premium Account programs in which fees are implemented at a later time; start charging a fee for our free Account program; reducing and/or increasing prices for our Services and/or features individually and/or bundled; reducing and/or increasing prices for our paid / premium Account programs; eliminate fees so that paid / premium Account programs become free. In the event you paid us for products, items, features, Services and/or for a premium Account program and we later reduce the fees or the price and/or eliminate the fees or price altogether for the thing you purchased from us (essentially now making it reduced in cost and/or free from that point on), you agree that you will not be entitled to any form of refund or reimbursement, either prorated and/or in full for the thing you purchased and/or paid us for. We also maintain the right and authority to refuse our Services (and the opening of any Account) to any person or entity for any reason at our sole discretion. Likewise, we reserve the right to terminate, cancel, change, alter or modify any Account, Info, stats, content, level ranking, features and point totals at any time and for any reason we deem necessary without providing any refund, remuneration, reimbursement, restitution or compensation to the user.

If you open an Account on behalf of a company or a trade name and/or trademarked name, you affirm that you are the legal owner and/or are legally authorized and empowered to act on behalf of that company, trade name and/or trademark and are not infringing upon another owner’s rights. If you use a name and/or user name on your Account that incorporates a company name, trade name and/or trademarked name, you affirm that you are legally authorized by said owner to utilize the name or mark on our Services.

By creating an Account, you affirm that you, your membership and/or your profile and/or your Account have not been previously suspended, cancelled, removed or terminated from the Services (under any name, identity and/or fictitious name that in reality is actually you) and you do not have an existing Account using the same name, modified name and/or different name with the Services.

When you open an Account, you will be required to provide personally identifiable information and you may allow us to access other personal and/or private information on your Devices – you will also be required to create a password. You agree that all information you provide to us when you create your Account and whenever you update your information will be truthful, current and correct. Please see our Policy page for more details on our information collection and security practices.

You are solely responsible for maintaining the confidentiality and security of your password and Account information and for any and/or all activity that occurs through your Account. You should not give your password or log-in information to other people. In the event your password is lost or stolen, you should change your password immediately using the ‘Change Password’ tool on our App. If you have forgotten your password, use the ‘Forgot Password’ tool to get a new password sent to the email address you have listed on your Account. Once you receive the new password from us, you should immediately log in to your Account and then use the ‘Change Password’ feature to change your password. We are not responsible or liable for any harm or activity that may occur should your Account become breached or compromised. It is prohibited for you to market, offer, transfer, barter, sell or assign your Account to another party.

By creating an Account and using our Services, you agree to let us collect and store the information, content and Info you provide along with the ‘actions’ and ‘interactions’ you perform on our Services. You also allow us access to your phone’s data (some data by your permission only – please see our Policy for more details) in order to perform specific types of functions. For example: If you choose to see which people on your contact list currently has the App, then we will need access to your phone’s contact list in order for you to perform this ‘action’.

14. TERMINATION OF ACCOUNT:

In our sole discretion, we may pause, limit, suspend, cancel, modify and/or terminate your profile page and/or your Account and/or membership (whether active, dormant, inactive, paid premium Account or free Account) at any time and for any reason we deem necessary or appropriate. Any points, rankings, credits, feedback, ads, listings, photos, videos, messages, postings, data, content, Info and/or value mechanisms (tangible or intangible) attributed to the user and/or to your Account will be withdrawn without refund, reimbursement, restitution and/or compensation in any form to the user or entity (this also includes non-refund of any payment made for a premium Account). Upon suspension or termination, all fees and charges owed to us by you and/or your Account are immediately due and payable.

Upon suspension and/or termination of your Account, you agree that we reserve the right to continue to store and maintain (for a length of time solely determined by us) any content and/or Info you provided (or we collected) at any time to/by us (or through our Services) along with us being able to continue to utilize (for a length of time solely determined by us) any content and/or Info you provided (or that we collected) at any time and obtained by us and/or that was shared/posted, provided, transmitted and/or sent to other users and/or received by other users by/through your Account through our Services.

At our discretion, we may block or prevent you from attempting any future access to using our Services. If we have limited, suspended or terminated your profile page and/or Account and/or membership, you may not attempt to circumvent the action we have taken by accessing and/or operating on our Services by creating another Account (whether under your name, a modified name, or under other names or fictitious and/or real names or by utilizing other ISPs or Accounts to attempt to access our Services).

Upon suspension and/or termination of your Account and/or upon your deletion of our App and/or Services on your Devices, all licenses and/or other rights and privileges provided to you through this Agreement for our Services will cease immediately and entirely.

Please note that upon suspension and/or termination of your Account and/or upon your deactivation of your account and/or your deletion of our App and/or Services on your Devices, your content and/or Info may still be available and viewed on our Services by others if it was posted, shared, sent, copied and/or transmitted by you and/or other users and thus, displayed, captured and/or stored in other user Accounts.

15. USING OUR SERVICES:

Once you create an Account by registering, you will now have a profile page and can immediately view, share and post content; vote on posts; comment on posts; play puzzles and bonus games; follow other users and much more.

You are responsible for all your actions, voting, Info and content you post, send and/or comment/respond to. You are prohibited from posting or sending defamatory, inaccurate, rude, hateful, slanderous, aggravating, misleading, retaliatory, libelous or false Info on the Services and you are not allowed to infringe on any copyrights, trademarks, patents, trade secrets, publicity rights or other proprietary rights that belong to us or to any party that you do not own or have control of. You are prohibited from sending or posting videos, pictures and/or Info of obscene, violent, sexual, vulgar, hate or pornographic materials of any kind (we reserve the right to remove any content and/or Info at our sole discretion and interpretation). You cannot use our Services in any way to stalk, harass, pester, bully, terrorize or promulgate hate or hate messages based on any standard, ethnicity, subject matter or for any reason. You may not use bots, automated programs, or any system or device (manual or otherwise) to generate or modify points, increase or modify level ranking, harvest data or user names or information, view private or anonymous data or our confidential data, or affect and/or infiltrate our Services and/or our user base at any time (other than the normal functionally in how our Services and features perform). You use our Services at your own risk and we will not be responsible or liable for any Info or content you or others post and/or disseminate and/or reply/respond to (and in how such things may affect you). We reserve the right to remove or modify any content or Info at our sole discretion at any time and for any reason.

Aside from how our Services may currently function and perform, our Services (either now, or possibly at some future time) may also allow you to potentially conduct and/or participate in other features such as but not be limited to: additional gaming resources; offering in app purchases for features, enhancements, services or products.

You are solely responsible for all content you post and share along with all interaction, exchanges, transactions and communication (including but not limited to: online, offline, verbally, physically, visually and/or in writing) that you may have with other users of our Services. You agree that you will not hold us responsible or liable for the conduct or interaction you have with any user and/or their use and/or misuse of our Services. We maintain the right, ability and/or privilege (but not the obligation and/or requirement) solely at our discretion to research, monitor and possibly take action in any form or capacity in any disputes that may arise between you and other users.

You agree that you are responsible for any and all phone costs, data charges, service fees, internet fees, Device fees and the like that you may encounter while using your Devices in order to access and/or utilize our Services and/or to connect and/or communicate with us or to others through our Services.

We reserve the right to restrict, remove, add, alter, modify or enhance any feature or features, games, point systems, concepts or performance elements of our App or Services at any time.

16. PROHIBITED CONDUCT:

We reserve the right in our sole discretion to suspend and/or terminate your profile page and/or Account and/or membership and/or remove, restrict or modify your posts or content at any time for any reason we deem necessary or appropriate. You agree not use our Services if you are a convicted and/or registered sex-offender. Without limiting our discretion, you specifically agree that you will not at any time:

Use our Services for any unlawful or improper purpose.
Use or attempt to use another user’s Account without their permission.
Compromise and/or breach the security of our Services.
Reverse engineer our Services and/or attempt to gain access to our source code or programming.
Develop software or programs that utilize or work with our user content or Services without our prior written consent.
Use our Services in any manner so as to disrupt, damage, disable, slow down, interfere, modify or impair the Services and/or the functionality of our Services to our users.
Create multiple Accounts or create Accounts through unauthorized means such as but not limited to: automated systems, bots, crawlers, spiders, script, scrapers or human actions.
Use domain names or web URLs as your Account name.
Impersonate any person or entity and/or misrepresent yourself or your affiliation with such person or entity.
Spam or send advertisements to other users.
Market, solicit or engage in any money making programs, multi-level marketing, commercial offers or job opportunities through our Services.
Infringe on any patent, trademark, copyright or intellectual property rights of us or others.
Violate the privacy and publicity rights of others by using their photos or videos without their permission.
Use the data of other users outside of the normal scope of operation in how our Services function.
Send or post pictures, videos, captions, comments, messages and/or content that are obscene, violent, sexually inappropriate, vulgar, illegal, contains nudity, pornographic, contains graphic or gratuitous violence.
Post defamatory, threatening, inaccurate, misleading, retaliatory, hateful, bullying, harassing, accusatory or libelous information, content, comments or images on the Services.
Use any form of software, bot, crawler, spider, scraper, data mining, programming and/or hacking (and/or any other method) to tamper with, extract, harvest, interfere with or manipulate data in any manner including but not limited to: the Services; API; the Accounts; the listings; the prices and/or game playing or point elements and/or Info.
Engage in harassing, stalking, bullying or intimidating other users and/or communicating in a way that is hateful, offensive or threatening in any manner and/or soliciting or propagating such behavior.
Link to or otherwise reference any websites, services, ads, affiliate links, apps, listings, URLs, or email addresses, including but not limited to commercial websites, personal websites, message boards, community boards, blogs, listings, products, services and chat rooms.
Attempt to contact any of the users on our Services for the purpose of selling and/or offering them your products, services or affiliate programs.
Copy, modify, export or distribute any portion of our Services for use on any other website, app or service or in any other venue or format, without our prior expressed permission.
Infringe on any copyrights, trademarks, patents, trade secrets, publicity rights or other proprietary rights that belong to us or to any third party.
Attempt to circumvent and/or manipulate our fee structure.
Distribute viruses, spyware, spam, malware or other harmful or objectionable content and/or code on our Services or to our users.
Sell, rent, assign or allow another person to use your user name or password and/or Account.
Use our Services for any illegal activity or in any manner that violates any terms and conditions of this Agreement.

17. LICENSE AND CONTENT:

We do not claim any ownership for any of the content and/or Info you may post, display and/or store on our Services. Except as described in our Policy, any content or Info you post, display and/or provide to our Services is non-confidential and not-proprietary. You agree that we will not be held responsible and/or liable for any content and/or Info you provide and utilize through our Services and you allow us to store and use such content and/or Info on our Services. You take full responsibility for any and all content and/or Info you post and utilize on our Services and for all interactions of such with other users. Please note that if you remove content and/or Info from your Account or if you delete our App and/or Services from your Devices, your content and/or Info may still be available and viewed on our Services if it was posted, saved, shared, transmitted or copied by you and/or by other users and thus, displayed, captured and/or stored in other user Accounts.

Upon you removing content and/or Info from your Account and/or upon you deactivating your Account and/or deleting our App and/or Services from your Devices, you agree that we reserve the right to continue to store and maintain (for a length of time solely determined by us) any content and/or Info you provided (or we collected) at any time to/by us (or through our Services) along with us being able to continue to utilize (for a length of time solely determined by us) any content and/or Info you provided (or that we collected) at any time and obtained by us and/or shared, posted, provided, transmitted and/or displayed to other users by you through our Services.

By creating an Account and providing us with content and/or Info, you are giving us a royalty-free, non-exclusive, transferable, sub-licensable, worldwide license to use, store, display, disseminate, reproduce, alter, modify, repackage, create derivative works, perform and distribute your content and/or Info on our Services and allow other users of our Services to interact with and utilize your content and/or Info through our Services. We retain the right to modify, alter, delete and/or remove any content and/or Info you provide at any time at our sole discretion whether the content and/or Info is in violation of our Agreement or not. We may retain, store, retrieve, use and display any content and/or Info you provided (including but not limited to content or Info that we removed from our Services) for a period of time based on our sole discretion and determination. We encourage and advise you to make your own backup file (separate from our Services) of your personal content and Info in the event your content and/or Info on our Services becomes corrupted and/or is removed, altered, damaged, lost or deleted and/or in the event we terminate our Services and/or suspend and/or terminate your Account.

You agree that we take no responsibility and assume no liability for any content and/or Info that you or any other users and/or third parties may post, exhibit, display, disseminate and/or communicate with via our Services. There may be some content and/or Info that you may view, receive or be exposed to on the Services that is upsetting, objectionable, offensive, violating, inaccurate and/or inappropriate and that may or may not violate this Agreement, but in any case, you agree not to hold us responsible and agree we assume no liability for such content and occurrences.

By using our Services, you are granted a non-exclusive license (that cannot be sub-licensed) to access and utilize our Services and Company Content, provided that the Company Content isn’t altered and/or modified in any way and that you use the Company Content within the normal scope of our Services and not outside of our Services. The license is subject to the terms and conditions of this Agreement and is non-exclusive, non-transferable and can be revoked by us at any time and for any reason.

All our company material, information and data on and/or contained in our Services include, but are not limited to: names, logos, icons, graphics, pictures, images, photos, videos, text, art, illustrations, designs, layout, functionality, page flow, arrangement, programming and code (“Company Content”). Company Content can and/or may be protected by trademark, trade dress, copyright, patent and intellectual property laws. Unauthorized use is prohibited – you may use our Company Content solely within the normal course of operations within our Services and in how our Services are to be used as governed by this Agreement. You agree not to use our Company Content in any way outside the normal scope of our Services and agree to only use our Company Content in a manner as expressly stated in this Agreement. You may not copy, imitate, transmit or use our logo, name and/or Company Content in way outside what is permissible through our Services within the context of this Agreement.

18. COMMUNICATIONS WITH OUR USERS:

If you ‘opt out’ of receiving the additional secondary ‘opt in’ advertising and marketing communications from us, affiliates and third party advertisers, we still maintain and reserve the right to provide our primary advertising to you on our Services and to continue communication with you through various means, such as but not limited to; posts, messaging, email, text, phone, fax, direct mail and overnight delivery regarding general information, news and updates pertaining to our Services.

As a technology-based business, we primarily use postings, email, push notifications and/or messages on our App to communicate with you regarding information and updates regarding our Services along with our relationship and involvement with you about our Services. We assume no liability and/or responsibility for any email, post and/or message we send that becomes undeliverable or unviewed for any reason. Please be sure to clear us on your ‘junk’ and ‘spam’ email filter in order to help assist in the delivery of our email to you. We also may choose to communicate with you via U.S. Mail, overnight delivery, various delivery carriers, telephone and facsimile, text messaging or otherwise, using the contact and/or Account information that we collect or that you provide to us.

You may communicate with us at any time by email at Email@ChatCards.com (when emailing us, please be sure to provide a short general description in the ‘Subject’ line as to what your email is about and also include your Account name and the email address you’re using on your Account).

19. IDEA SUBMISSIONS:

It is our policy not to accept information suggesting ideas, improvements, enhancements, features and such (“Innovations”) in order to avoid any potential conflict and/or misunderstanding in the event your submission is already similar to ideas and concepts we’ve already known about, discussed and/or are developing. In any case, we do not accept unsolicited Innovations and we are not liable, responsible and/or obligated to provide any compensation to you for any submissions you provide to us that you may find to be ultimately utilized in our Services. If for any reason, despite our policy stance in this area, you choose to still submit Innovations to us, you agree that we may freely use any Innovations provided without any restriction and without the need of providing any form of compensation, payment, fee, royalty, restitution, acknowledgement, credit and/or value to you. We do not surrender or waive any rights to use the same and/or similar pre-existing Innovations known to us or researched, created and/or developed by us, our employees, agents, consultants and/or team of which we’ve created and/or generated from sources other than you.

20. ADVERTISING:

We reserve the right to display our primary advertising on our Services at our own discretion and may place such advertising and/or promotions on or in conjunction with your content and/or Info on our Services. We may monitor and store your content and usage data on our Services in order to provide you with content and ads that are relevant to your interests and trends.

Primary advertising includes but is but not limited to: Offers from us; Affiliate offers; Offers from third party merchants. The type of ads we may utilize or their presentations may be modified at our sole discretion and are subject to change at anytime without any notice to you. The purpose of these ads would be for promoting the use of our Services and/or the purchase of products, goods or services that may or may not be related to us or to our Services. You agree that we may not always showcase and identify ads, promotions and/or sponsored solicitations as such in a manner that is acceptable to you. Ads may include links that may take you off our Services in which case you may be on a different website and/or service that is not part of, nor controlled by us.

We will not be held liable or responsible for any ads and/or links you respond to and for any products, goods or services offered by third parties. If you access any third party ads, websites, apps, products, services and/or content from our Services, you agree that you are doing so at your own risk and agree to indemnify us and not hold us liable or responsible for your access, interaction, exchange, transaction and/or communication with third parties accessed through our Services.

21. GLITCHES, ERRORS & SECURITY:

Because our entire Services and algorithms are based on extensive layers of various computer programming code, it is possible that you may experience various glitches and/or errors (and/or human errors) from time to time when using our Services. Therefore, our Services are offered and provided on an “as is” basis without any promise, guarantee and/or warranty of any kind of performance level, whether expressed or implied. We do not represent or guarantee that when you use our Services, they will always work correctly as outlined and expected – there may be issues such as, but not limited to: delays, interruptions, lost data, exposed data, crashes, outages, graphic mutations, malfunctions or irregularities and/or fails and you agree that we are not liable and you will not seek any damages from us should such things occur. You may report any glitches and/or issues you find with our Services to us at Email@ChatCards.com (please be sure to put the word ‘glitch’ in the ‘Subject’ line and include your Account name and the email address you use on your Account). Although we do not offer payment, compensation or acknowledgement of any kind to users who report glitches, we sincerely appreciate any notice you can give us on any glitch and/or issue you may find with our Services and we will do our best to address those problems quickly so that you can enjoy a better experience with our Services.

We have taken reasonable measures to secure and protect your privacy; private posts; anonymous posts; content and/or Info (along with the storage thereof) from unauthorized access, usage, viewing or disclosure. Although we work hard to create a high level of security for our users, we cannot guarantee, warranty or represent that our Services will always be secure and will not be breached by a third party, coding error or human error. You agree that we will not be held liable and/or responsible in any way should the security of our Services be breached or the use of our Services not function as expected in any manner or form. Likewise, you agree to indemnify us and agree that we will not be held liable and/or responsible in any way for any hardship, fraud, identity theft and/or consequence you may suffer by the use of our Services or by a security breach or by any glitches and/or errors that may occur or by any hardship, fraud and/or consequence of any kind you may suffer from the use of our Services or from another user’s use and/or misuse of our Services.

Please see our Privacy Policy page for complete details about our security measures. You can access our Policy on our App without logging in or creating an Account by simply going to the ‘Log In’ page of our App and tapping the ‘Privacy Policy’ link at the bottom of the screen. Once you’ve created an Account and have logged in to our App, you can also access our Policy on the App by tapping the ‘more’ button on the homepage newsfeed and then tapping on the ‘Privacy Policy’ tab.

22. COPYRIGHT INFRINGEMENT:

As per the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we will delete content and Info or prevent or restrict access to any content and/or Info that infringes on another party’s copyright and/or trademark (upon the written request/notice to us by the trademark and/or copyright owner/controller and verification thereof by us). If you believe that someone on our Services is infringing a copyright and/or trademark that you own or control, please file a notice by contacting us.

You can contact us directly at: Email@ChatCards.com (when emailing us, please be sure to provide a short general description in the ‘Subject’ line as to what your email is about and be sure to include your full contact information – and if you also have an Account on our App, please also include your Account name and the email address you use on your Account).

Any violation of copyrights and/or trademark and or intellectual property shall be the responsibility solely of the infringing user and we assume no liability or responsibility for such actions that a user performs on or through our Services.

23. SALE, MERGER OR BANKRUPTCY:

In the event that our Services (in whole or in part) are purchased by, merged with and/or acquired by a third party or separate entity, we retain the right to transfer all user content, Accounts and Info that we’ve obtained, collected and/or stored from the use of our Services to the third party. In the event of bankruptcy, insolvency, reorganization, receivership or the assignment of benefits to the restitution of creditors, we may no longer be in control of corporate assets and thus, any content, Accounts and Info on our Services may no longer be controlled by us.

24. RELEASES, LIMITATION OF LIABILITY AND INDEMNIFICATION:

The releases, liability limitations and indemnity rights set forth below inure to the benefit of Chat Cards, the Services, our owners, our parent or subsidiary entities (if any), our successors and assigns (if any), and our shareholders, investors, management, directors, officers, employees, licensees, licensors, agents and vendors.

We do not pre-screen, verify and/or qualify the identities, trustworthiness, or integrity of our users and/or advertisers. You must exercise caution and use your discretion when using our Services to post and display your content and interact with other users and/or advertisers and you will be doing so at your own risk as you agree we accept no responsibility and are not liable for your content (or other user’s content) along with your interactions, transactions, communications and exchanges with other users and/or advertisers.

Since we do not control the content and interactions that develop on our Services, you understand and agree that we are not liable for, and you will not seek to hold us liable for any content and for any representations and/or conduct of anyone who communicates, interacts, broadcasts, advertises, sells, buys or otherwise uses our Services. For example, and without limitation, we do not and cannot promise that: any expressed or implied statements, comments, posts, listings, pictures, images, videos, content, and/or ads by users and/or advertisers are true, correct and acceptable material. We do not and cannot promise that you will not find objectionable and/or offensive material, content and/or Info on our Services and you agree not to hold us liable or responsible in such occurrences.

We likewise do not and cannot promise that our Services will operate in a continuous, flawless or secure manner. Outages, malfunctions and system failures caused by any number of foreseeable or unforeseeable factors may occur on our Services. We may take the Services offline to make upgrades or perform maintenance, and that downtime may interrupt or affect your Account, postings, communications, interactions and transactions. You agree that we are not liable for, and you will not seek to hold us liable for, any outages, downtime, malfunctions, system failures, system upgrades and/or maintenance on our Services whether intentional or unintentional.

By agreeing to this Agreement, we are not liable and you agree to indemnify, defend and hold us harmless along with all owners, management, officers, directors, shareholders, investors, employees, affiliates, licensees, licensors and vendors from any losses, damages, problems, hardships, harassment, stalking, bullying, offensiveness, theft, fraud, lawsuits or otherwise that you might experience or sustain in connection with your use of our Services, including but not limited to: use of the Services by you or others; content or Info you send, post, receive or view; other user actions & content; your user actions & content; violation of this Agreement by other users; violation of this Agreement by you; any type of transaction (monetary or otherwise). We disclaim any and all implied guarantees, warranties and covenants to the greatest extent allowed by law.

You release and discharge us from liability for any and all claims, causes of action and damages that you might have against us now, or at any time in the future, arising directly or indirectly from your use and/or any person’s or entity’s use of the Services. You waive any protection you may have under California Civil Code section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Notwithstanding the releases and liability limitations in this Agreement, in the event that we are found liable, you agree that our liability to you or a third party shall be no more than solely and only the purchase price or fee you paid to us for the item, good, service or Services that you purchased directly from us, but in no case shall exceed $100.

You further agree to indemnify and hold us harmless from any lawsuit, claim, dispute, cause of action or demand by any third party that relates directly or indirectly to your activity, actions and/or content on our Services, including without limitation: your content, your general use of the Services, your breach of this Agreement, your violation of any applicable law, or your violation of any person’s legal rights. Your indemnity obligation includes without limitation the payment of our reasonable attorneys’ fees and legal expenses.

25. RESERVATION OF OUR RIGHTS:

We reserve all rights in our Services. You may not copy, reproduce, display or back engineer all and/or any portion of our Services, nor may you use any of our trademarks, patents and/or other intellectual property without our prior expressed permission in writing and/or through a specific licensing agreement by us in writing.

26. APPLICABLE LAW AND DISPUTE RESOLUTION:

Please let us know as soon as possible if you have any concern relating to our Services so that we can attempt to resolve your concern.

You agree that this Agreement shall be governed by the laws of the State of California without regard to conflict of law principles. This means that California law will govern the interpretation and enforcement of this Agreement regardless of where you live or work, and regardless of where any transaction or utilization of our Services by you is performed or to be performed.

If a dispute arises between you and us, and it is not resolved by mutual agreement, you agree that the dispute will be adjudicated in the Superior Court of California in and for the County of Sacramento, and you consent to the jurisdiction of that court.

You agree to bring any claims that you may have against us within one year of the date they accrue, regardless of any longer statute of limitations that otherwise might apply.

27. INVESTOR RELATIONS AND COMPANY INFORMATION:

If you’d like to speak to someone in our Investor Relations department about our company or Services, please email us directly at: Email@ChatCards.com (please put the words ‘Investor Relations’ in the subject line and be sure to include your name, mailing address and phone number and any other contact information you can provide in the body of your letter).

28. GENERAL:

Any trademarks, service marks, brand names or product names that you may find on our Services are the property of their respective owners and do not indicate affiliation with and/or endorsement by their respective owners.

We may not take prompt action, or any action, to remedy each breach of this Agreement, but our forbearance shall not be deemed a waiver of our right to enforce any provision of this Agreement.

We reserve the right to correct mistakes or typographical errors on our Services.

We reserve the right to refuse our Services to anyone and/or to restrict, retract or terminate our Services with anyone at anytime and for any reason.

Severability: If any provisions of this Agreement are deemed invalid, illegal or unenforceable, same shall not affect the validity, legality or enforceability of the remainder of this Agreement which shall remain enforceable to the fullest extent permitted by law.

This Agreement, including any documents and/or writings on our Services that are referenced in this Agreement, sets forth the entire understanding of the parties with respect to the subject matter hereof, and any modifications must be in writing and expressly approved by us. This Agreement controls to whatever extent it may conflict with our Policy or any other statements, information, instructions, documents, dialog boxes or links on our Services.

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