This document, which may also be referred to as "Terms of Service", "Terms", "User Agreement" or "Agreement", is a legally binding agreement between individuals, companies and organizations (Users) and Eastwood Media B.V., located at 24 Zinkstraat, 4823AD, Breda, The Netherlands, which may also be referred to hereinafter as "RandomChat", "Company", "Website" or "Website".
The terms "we", "us", "us" and "our" may also be used to refer to RandomChat at all times, while the terms "you", "your", "user" and "visitor", may be used to refer to all users of the website. The terms "content" and "content" are used to refer to any material available through the website.
To access and use all Content and services provided by the Website, you confirm that you are at least 18 (eighteen) years of age (or the legal age in your state, country or locality if you are over 18).
Access and use of the website
We grant you a non-exclusive, non-sublicensable, revocable license to access and use our Website strictly in accordance with this Agreement. Your rights under this Agreement are not transferable or assignable and any such transfer shall be void or voidable if applicable.
This Agreement in no way creates an agency, partnership, joint venture or employee-employer or franchisor-franchisee relationship between you and us.
We reserve the right to interrupt (temporarily or indefinitely) the operation of our website (for example, to perform maintenance work on our website). We also reserve the right to change our website:
- For technical reasons, such as problems with our servers, hardware or software failures, hacker attacks, etc.
- To make upgrades to our hardware or software to benefit our website and/or user experience.
- In any case, for legitimate reasons, such as objections relating to privacy or legitimate objections relating to the content or maintenance of our website.
- If we decide that our website no longer has a business reason to continue operating.
- If there are any changes in the services we provide.
We specifically do not exclude cases where our website may be unavailable (temporarily or for an infinite period of time) due to technical or maintenance problems. Our website is not immune from viruses, hacker attacks, hardware and software malfunctions, and other unexpected problems beyond our control.
We are not responsible for any problems or damages, including property damage, experienced by users of our services for technical reasons.
We are not responsible for any problems or damages experienced by users of our services that are caused by a malfunction of the Internet or data.
We undertake to take all possible measures to resume the proper functioning of our Services in the event of any technical or maintenance problem.
All problems and/or costs associated with Internet connections and/or mobile data connection services are the responsibility of the individual User. We advise all Users to clarify the costs of any Internet or data connection before using our Website.
Users may transmit text, audio (verbal statements) and video information to other users. By making any User Content available through the Website, you grant us a worldwide, irrevocable, perpetual, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on, through or by means of the Website and third party websites. This includes the use of such Content for commercial purposes.
We do not claim any ownership rights in such User Content and nothing in this Agreement shall be deemed to restrict any rights you may have to use and exploit such User Content. The copyright in all Content remains with the User who provided it.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Website. Accordingly, you represent and warrant that you are the sole and exclusive owner of all User Content that you make available through the Website or that you have all rights, licenses, consents and releases that are necessary to grant us the rights to such User Content as contemplated by the terms of this Agreement.
You represent and warrant that neither the User Content, nor your dissemination or transmission of the User Content, nor our use of the User Content (or any part thereof) on, through or by means of the Website or third party websites, will infringe, misappropriate or violate any patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The copyrights in all other Content, including graphics, user interface design, etc., found on our website belong to us.
You agree not to provide any Content that violates the terms of this Agreement and our Rules, the rights of other Users, or that may be viewed as obscene or offensive to others.
You agree not to transmit any Content that violates, or encourages any conduct that violates, any applicable law or regulation or that could give rise to civil liability.
You agree not to promote, advertise or offer any commercial services when using our Website. You agree not to use the Website or the Contents for commercial purposes or for the benefit of any third party or in any manner not permitted by this Agreement.
Malicious user activity
You agree not to do any of the following
Attempt to probe, scan or test the vulnerability of any of our systems or networks or breach any security or authentication measures;
- Prevent, circumvent, remove, disable, disable, impair, decrypt or otherwise circumvent any technological measures implemented by us or any of our suppliers or any other third party (including another User) to protect the Website or the Content;
- Attempt to access or search the Website or the Content or download Content from the Website through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than generally available third party web browsers;
- Falsify any TCP/IP packet header or any part of the header information in any e-mail delivery, or otherwise use the Web Site or the Content to send altered, misleading or false source identification information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or the Content;
- Interfering or attempting to interfere with any User's access, host or network, including, without limitation, by submitting a virus, overloading, flooding, spamming or mail bombing the Website;
- Develop a competitor's application or website;
- Encouraging or permitting any other individual to do any of the above.
Paid products or services
We may offer some paid products or services to our Users, on our Website, including, but not limited to, digital goods and services and subscriptions.
If you purchase something from us, you also represent and warrant that
You have read the description of the product or service and clearly understand its nature;
- Any payment information you provide is true and complete;
- Your bank or credit card company will be responsible for any charges incurred;
- You will pay the charges incurred by you at published prices, including applicable taxes;
- If your initial payment method is declined, you will continue to pay the charges incurred, including any surcharges we may incur due to the declined payment.
- Paid services cannot be transferred to third parties.
- If you do not agree with the amount charged to your credit card for the use of the website, please contact us before contacting your credit card issuer to request a refund (Chargeback). Your claim will be considered and, if we consider it justified, the disputed amount will be refunded to your card. The refund under the approved request may take up to 20 business days. In case we reject your claim, you may contact the bank card issuer.
We may offer additional payment features on our website, such as the ability to remove a block before the blocking period expires. These payment features may be purchased through a number of payment methods offered on our website.
All payments for paid services on our Website are subject (or not) to refund in accordance with our Refund Policy.
The terms of payment of the communication and the terms of reimbursement of the account may be changed by the Website at any time without prior notice to Users. In the event that these changes significantly modify the terms of the Agreement, You have the right to stop using the Website.
If you feel that the nature of the product or service is not clear enough for you, please do not buy it and do not hesitate to contact us before purchasing.
We reserve the right to place links to external websites, Internet resources and third-party products on our website.
We attempt to provide only links to respected third party resources; however, we accept no responsibility for the content of third party websites, the security of the privacy of your personal information on such sites or any actions you may take on external websites. You acknowledge that you are solely responsible for and assume all risks arising from your use of such websites or resources. You acknowledge and agree that we are not responsible for the availability or accuracy of external websites or resources, or for the content, products or services available on such websites or resources.
Links and inlays
You may provide links to our website and embed it in your websites, applications or other Internet resources provided that you
- Do not remove or obscure any part of our website by framing or otherwise;
- Your application, Internet resource or website does not engage in illegal or pornographic activities;
Stop providing links to our website, as well as embedding our website, immediately upon our request.
Cancellation of access
Any User who violates our Rules when using our Website, the terms of this Agreement, or who provides or distributes Content as set forth on p.3 of this Agreement, may have his or her access to our Website limited without notice or obligation (financial or otherwise), including the right to have us use any software, technical, legal or other means to ensure compliance with these terms (including, without limitation, blocking certain IP addresses).
We attempt to notify all users of such restrictions, but we are under no obligation to do so.
In the case of temporary limitations on access, the period of limitation is determined by us and may be changed from time to time. You agree that we will not be liable to you or to other Users for any changes to the prohibition periods for any violation.
Any and all provisions relating to or relating to limitation of liability, disclaimers of liability and indemnification survive any termination of this Agreement or any termination of your use of our Website.
Abuses and complaints
Any incident of abuse, violation of the Rules, and/or inappropriate use of your copyrights by other Users may be reported through the e-mail addresses, contact forms and other contact methods presented on our Website.
Limitation of liability
We are not responsible for the actions taken by our Users while on our Web Site or the Content provided by them.
We do not accept any liability resulting from the use of our Website, including liability resulting from judgments, penalties, sanctions, claims, damages, liabilities, expenses of any nature and kind, including direct, indirect, incidental, penalties, and/or losses caused by negligence, interruption of service, loss of data, damage to hardware due to virus attacks, loss of revenue, loss of opportunity, loss of office time, breach of contract, claims of third parties, or any other loss which may have been anticipated as those which may be caused due to or in the course of using our Website. This limitation of liability covers, but is not limited to, the transmission of any software or viruses that may damage your hardware, cause mechanical or electrical hardware or communication lines to malfunction, other connection problems (such as inability to access the Internet), unauthorized access, theft, injury, property damage, operator errors, strikes or force majeure, including but not limited to liability for loss of revenue, loss of profits or loss of contracts, loss of business, loss of anticipated savings, loss of goodwill, loss of data, loss of office time, and any other loss or damage of any kind.
You agree to protect RandomChat and its employees from any and all third party claims, losses and costs arising from claims resulting from your personal actions while using our website or due to Content provided by you.
The most recent and updated copies of the above documents are posted on our website.
Any modification will be active and valid from the moment the modified text is updated on the respective page of our website.
In some cases, we may notify users of changes to documents; however, it is the user's responsibility to regularly check the respective pages for updates.
If you do not agree to any of the terms of this Agreement, you must stop using our website effective immediately. Your continued use of our website after the effective date of any modification indicates your acceptance of all changes and modified terms of this Agreement.
Dutch law shall apply to the Agreement without regard to conflict of law. In case of any legal dispute, the dispute shall be resolved before a Dutch court.
Any claim that is filed by You in connection with the Application must be filed within one year after the reason for the claim arose. After the expiration of such period, such right shall be forever forfeited and the filing of such claim shall be deemed barred.
You hereby agree that, in the event of a breach of the agreement by you, we will incur irreparable losses. In this event, we shall be entitled (without any proof of loss) to legal protection. However, the provision of legal protection to us by law does not limit us in obtaining other remedies available to us under applicable law.
In case any dispute arises between the Website and the User, the Website also reserves the right to use as proof confirming that you were actually using the Application (in some cases - as proof that you are the real owner of the account) and provide the relevant authority with the following information: your Avatar; screenshots taken by the system when you were searching for partners; your IP address; your country, region and city; type of browser and operating system you were using.
This document is written in different languages. In case of doubt or disagreement as to its contents or divergence of interpretation, the English text shall prevail.
The names of the clauses and sub-clauses of the Agreement are not considered as the substantive part thereof and are given for convenience of orientation only.
Messages concerning violations of the Agreement by Users should be sent to the following address: [email protected] for an immediate response. Other messages regarding the Agreement or the operation of the Application should be sent to the following address: [email protected]