DatChat, Inc. (“DatChat”) is offers you the ability to send and receive encrypted messages (“Messages”) that will self-destruct after a pre-set period of time (the “Service”). We make the Service available to you through a variety of Internet-enabled devices, including smart phones and tablets (collectively, “Devices”). Portions of the Service may also be available to you through our website at getDatChat.com (the “Website”).
The Service is available for individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
In order to use the Service, you must register with us. During the registration process, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one user. You are solely responsible for the DatChat Confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Service using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. DatChat will not be liable for any loss or damage caused by any unauthorized use of your account.
3. COMMUNITY GUIDELINES
Our community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Website or the Service, you hereby agree to comply with these community guidelines the (“Guidelines”) and that:
Whenever you’re using the Website or the Service, you will comply at all times with our Acceptable Use Policy, which is below as Schedule A;
You will not use the Website or the Service for any unlawful purpose, including, without limitation, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, or pirating content;
You will not access or use the Website or the Service to collect any market research for a competing business;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website or the Service;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file; and
You will not interfere with or attempt to interrupt the proper operation of the Website or the Service through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website or the Service through hacking, password or data mining, or any other means.
Please let us know about inappropriate behavior. If you find something that violates our Guidelines, let us know by sending us an e-mail to abuse@DatChat.net, and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Website or the Service, or any portion of them, without notice.
4. INTELLECTUAL PROPERTY
The Website and Service contain material, such as software, text, graphics, images, and other material provided by or on behalf of DatChat (collectively, the “Content”). The Content presented to you as part of the Website and/or the Service, including, but not limited to, advertisements, may be owned by us or by third parties and is protected by intellectual property rights under both United States and foreign laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. The trademarks, service marks, and logos of DatChat (the “DatChat Trademarks”) used and displayed on the Website and/or Service are registered and unregistered trademarks or service marks of DatChat. Other company, product, and service names located on the Website and/or Service may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with DatChat Trademarks, the “Trademarks”). Nothing on the Website or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. All goodwill generated from the use of the DatChat Trademarks inures to our benefit.
Elements of the Website and the Service are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors
5. COMMUNICATIONS WITH US
With respect to any communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation to you.
6. NO WARRANTIES; LIMITATION OF LIABILITY
YOU AGREE THAT YOU USE THE WEBSITE AND THE SERVICE AT YOUR OWN RISK.
THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICE: (I) WILL OPERATE ERROR-FREE OR THAT THEY ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES; (II) ARE SUITABLE FOR YOUR PARTICULAR INDUSTRY OR INTENDED USE; OR (III) COMPLY WITH THE LAWS, REGULATIONS, OR SELF-REGULATORY GUIDELINES THAT ARE APPLICABLE TO YOUR COMPANY OR INDUSTRY OR YOUR COMPANY’S POLICIES, INCLUDING, WITHOUT LIMITATION, ITS DOCUMENT AND DATA RETENTION AND DESTRUCTION POLICY. IF YOUR USE OF THE WEBSITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE WEBSITE OR THE SERVICE FROM WHATEVER CAUSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY LOST PROFITS, LOSS OF GOODWILL, OR SIMILAR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY – OR IN FACT KNEW – OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR LIABILITY TO YOU – OR ANY THIRD PARTY CLAIMING RIGHTS THROUGH YOU – EXCEED THE FEES ACTUALLY PAID TO DATCHAT BY YOU IN THE PERIOD SIX (6) MONTHS IMMEDIATELY PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM.
7. EXTERNAL SITES
The Website and the Service may contain links to third-party websites or may otherwise allow you to gain access to third-party websites (“External Sites”). These links and/or access to such External Sites are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, agents, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement and/or your access to, use, or misuse of the Website or the Service. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
9. COMPLIANCE WITH APPLICABLE LAWS
The Website and the Service are based in the United States. We make no claims concerning whether the Website or the Service may be used or are appropriate for use outside of the United States or for your particular industry, company, or intended use. As noted above, you access and use the Website and the Service at your own risk. You are solely responsible for ensuring compliance with the applicable laws of your specific jurisdiction and industry.
10. TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website or the Service, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website or the Service at any time without prior notice or liability.
11. DIGITAL MILLENNIUM COPYRIGHT ACT
DatChat respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
65 Church Street
New Brunswick, NJ 08901
If you believe that your work has been copied on the Website or via the Service in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including: (i) a description of the copyrighted work that has been infringed and the specific location where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
12. COMMUNICATIONS DECENCY ACT NOTICE
This Agreement is governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of law provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New Jersey; and (ii) that the Website and the Service shall be deemed passive that do not give rise to personal jurisdiction over DatChat, either specific or general, in jurisdictions other than New Jersey.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR THE SERVICE MUST COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the parties, and the remainder of the Agreement will remain in full force and effect.
The following provisions will survive any expiration or termination of this Agreement: “Intellectual Property,” “Communications With Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement, including Schedule A, constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Copyright 2015 DatChat, Inc. All rights reserved.
Schedule A - DatChat’s Acceptable Use Policy (“AUP”)
DatChat respects free and open discussion and dissemination of information, however, when there are competing interests at issue, DatChat reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, DatChat has developed this AUP, which supplements and explains certain terms in the Agreement and is intended as a guide to your rights and obligations when utilizing the Service and the Website. This AUP will be revised from time to time, without any obligation to notify you of the same. Your use of the Website or Service after changes to this AUP are posted on the Website shall constitute your acceptance of any new or additional terms.
When you obtain information via the Service, you must keep in mind that we cannot, and do not make any attempt to, monitor, verify, warrant, or vouch for the accuracy and quality of the information that you may acquire. For this reason, you must exercise your best judgment in relying on information obtained from the Service, and also should be aware that some material may be sexually explicit or otherwise offensive. Because we cannot monitor or censor the Service, and will not attempt to do so, DatChat shall not be responsible for injury to you that results from inaccurate, unsuitable, offensive, or illegal Messages.
When you disseminate information via the Service, you must keep in mind that DatChat does not review, edit, censor, or take responsibility for any information you may create. When you place information on the Service, you have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information you create is carried over networks and may reach a large number of people, your Messages may affect other users and may harm our goodwill, business reputation, and operations. For these reasons, you violate this AUP and the Agreement when you engage in or facilitate the following prohibited activities:
Intellectual Property Violations. Using the Service to engage in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, patents, or privacy or publicity rights held by individuals, corporations, or other entities. We are required by law to remove or block access to user content upon receipt of a proper notice of copyright infringement. It is also our policy to terminate the privileges of users who violate copyright laws.
Obscene Speech or Materials. Using the Service to view, advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. We are required by law to notify law enforcement agencies when we become aware of the presence of child pornography on or being transmitted through the Service.
Defamatory or Abusive Language. Using the Service as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Spamming. Using the Service to send unsolicited bulk and/or commercial messages (known as “spamming”). Spamming is not only harmful because of its negative impact on consumer attitudes toward DatChat, but also because it can overload our networks and disrupt service to our other users. When a complaint is received, we have the discretion to determine from all of the evidence whether the recipients were from an “opt-in” email list.
Forging of Headers. Using the Service to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks. Using the Service to access illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as “hacking”). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities. Using the Service to distribute information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks.
Export Control Violations. Using the Service to export encryption software to points outside the United States.
Other Activities. Using the Service to engage in activities, whether lawful or unlawful, that DatChat determines to be harmful to our users, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with you. We do not read or monitor the contents of the Messages of our users to ensure that they comply with the Agreement, this AUP, or applicable law. However, if we become aware of harmful activities, we may take any action to stop the harmful activity, including, but not limited to, removing information, implementing screening software designed to block offending transmissions, denying access to the Website or Service, or taking any other action that we deem appropriate.
We hope this AUP is helpful in clarifying your obligations as a responsible user of the Service. Any complaints about a user’s violation of this AUP should be sent to email@example.com.