Modchat Terms and Conditions of Use

Terms

By accessing this Web Site and Application, you are agreeing to be bound by these application Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this application. The materials contained in this web site are protected by applicable copyright and trade mark law.

 

Use License

Permission is granted to temporarily download one copy of the materials (information or software) from Modchat’s Web Site and Application (www.modchatapp.com) for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

n  modify or copy the materials;

n  use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

n  attempt to decompile or reverse engineer any software contained in the Modchat application;

n  remove any copyright or other proprietary notations from the materials; or

n  transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Modchat at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

Disclaimer

The materials on Modchat’s Web Site and Application are provided “as is”. Modchat makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Modchat does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

 

Limitations

In no event shall Modchat or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials provided by Modchat, even if Modchat or a Modchat authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 

Revisions and Errata

The materials appearing on Modchat’s web site and application could include technical, typographical, or photographic errors. Modchat does not warrant that any of the materials on its web site are accurate, complete, or current. Modchat may make changes to the materials contained on its web site at any time without notice. Modchat does not, however, make any commitment to update the materials.

 

Links

Modchat has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Modchat of the site. Use of any such linked web site is at the user’s own risk.

 

Application and Site Terms of Use Modifications

Modchat may revise these terms of use for its Web Site and Application at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

 

Governing Law

Any claim relating to Modchat’s web site shall be governed by the laws without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site and Application.

 

Your Content

When you submit, upload, transmit or display any data, information, media or other content in connection with your use of Modchat (“Your Content“), you understand and agree that:

  • you will continue to own and be responsible for Your Content;
  • we will not sell Your Content to any third party;
  • you are giving us and our affiliate companies the right to use Your Content (with no fees or charges payable by us to you) solely for the purposes of providing, promoting, developing and trying to improve Modchat and our other services, including new services that we may provide in the future. All such use will be in accordance with our Modchat Privacy Policy;
  • in using Your Content for these purposes, we and our affiliate companies may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future;
  • we may share Your Content with third parties that we work with to help provide, promote, develop and improve Modchat, but these third parties (other than our affiliate companies) will not make any separate use of Your Content for their own purposes (i.e. for any purposes that are not related to Modchat);
  • we may use the name that you submit in connection with Your Content (whether that be your account name, real name or otherwise); and
  • you will comply with these Terms, including our Modchat Acceptable Use Policy, in your submission of Your Content.

You may be able to create certain content within Modchat, such as Stickers. Such content is part of Your Content, and is subject to these Terms.

You understand that even if you seek to delete Your Content from Modchat, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via Modchat.

We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate or as required by applicable laws and regulations.

Responsibility for Your Content

You are solely responsible for Your Content and we recommend that you keep a back-up copy of it at all times.

You must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in these Terms; and (ii) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.

 

Third Party Content and Service

We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by Modchat, including content provided by users of Modchat or by our advertisers. You acknowledge and agree that by using Modchat, you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from Modchat by you is at your own risk. Your use of Modchat does not give you any rights in or to any content you may access or obtain in connection with your use of Modchat.

We also do not guarantee the quality, reliability or suitability of any third party services provided, made available, advertised or linked through Modchat and we will bear no responsibility for your use of or relationship with any such third parties or third party services.

We may review (but make no commitment to review) content or third party services made available through Modchat to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of Modchat.

There may be, from time to time, third party content and services on Modchat that are subject to further terms – for examples, terms from the relevant third party that originally produced or created such content or service, or terms from the relevant third party in relation to promotional activities being held on Modchat. You agree to comply with any such further terms and conditions as notified to you in relation to your use of such third party content and services.

 

Termination

These Terms will apply to your use of Modchat until your access to Modchat is terminated by either you or us.

We may suspend or terminate your access to your account or any or all of Modchat: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of Modchat creates risk for us or for other users of Modchat, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if you fail to use Modchat for a prolonged period; or (iv) for any other reason in our sole and absolute discretion. Where reasonably practicable, we will give you notice of any suspension or termination.

Upon termination of your access to Modchat (in whole or in part), you will immediately permanently delete all copies of Modchat Software to which the termination relates and you will immediately cease accessing and using any such Modchat Software.

Following termination of these Terms, we will only retain and use Your Content in accordance with these Terms (in particular, the Modchat Privacy Policy). Where we suspend or terminate all or part of Modchat, or where your access to Modchat is terminated by you or us, we do not guarantee that we will be able to return any of Your Content back to you and we may permanently delete Your Content without notice to you at any time after termination. Please ensure that you regularly back up Your Content.

 

Additional Terms and Policies

We offer a diverse range of services and features within Modchat, so in addition to these Terms, there are certain additional terms and policies that may be applicable to your use of all or part of Modchat, as set out in this section and as otherwise notified to you from time to time. These additional terms of service and policies all form part of and are incorporated into these Terms.

The following are additional policies that you must comply with in using Modchat:

  • Modchat Privacy Policy – which sets out how we collect, store and use your personal information, as well as our policy on the use of tracking technologies;
  • Modchat Acceptable Use Policy – which sets out rules of good behaviour applicable to your use of Modchat.