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 Tearms Of Use

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Join date: 2008-08-12

PostSubject: Tearms Of Use   Wed Aug 13, 2008 11:27 pm

CHAT SERVICE
The chat service available on or through this SOFTWARE is provided to you by Hi Chatter s.r.l on an "AS IS" basis subject to the provisions contained herein for your private personal use only. Any other use or attempt to use Hichatter for commercial purposes, promotion of products and services, or other such purposes, directly or indirectly, by you or by a third party is prohibited
CHILDREN UNDER 13
Please note that Hichatter as well as the Hichatter Web site, network, system, software, service, servers, various directories and listings, various message and news boards, tools, information and databases, are NOT FOR USE BY CHILDREN UNDER 13 YEARS OF AGE. If it comes to Hi Chatter s.r.l's attention through reliable means that a registered user is a child under 13 years of age, Hi Chatter s.r.l will cancel that user's account.
PROHIBITED ACTIONS
You agree that you will not:
1- harass, threaten, abuse, defame, embarrass or cause distress or discomfort upon another Hichatter participant;
2- transmit via Hichatter any information, data, text, files, links, software, chat, content, communication or other materials and terms of expression("Information") that are offensive, racial, discriminating, unlawful, information or instructions concerning illegal activities, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;
3- transmit via Hichatter any Information that infringes any patent, trademark, trade secret, copyright or other proprietary right;
4- disrupt the normal flow of Information on or through Hichatter or otherwise act in a manner that negatively affects other participants;
5- post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation;
6- intentionally or unintentionally violate any applicable local, state, national or international law;
7- translate, decompile, reverse engineer, disassemble, modify, copy, alter, merge into other software, reproduce, rent, lease, lend, distribute, remarket or otherwise dispose of the SOFTWARE or SOFTWARE INFORMATION or any part thereof in any manner other than as authorized by this EULA or by a separate written agreement between You and Hichatter (Hi Chatter s.r.l).
8- Impersonate any person, leader, Hichatter official, administrator, helper or host.
CERTAIN RISKS
You acknowledge that there are certain risks inherent to the use of Hichatter. These include, but are not limited to, disclosure of confidential information (including personal details), the improper operation of Hichatter (such as failing to function or to function correctly), and the risk that third parties directly or impersonating themselves as someone they are not, will contact you or attempt to contact you as a result of Hi Chatter s.r.l's provision of and/or your use of Hichatter.
IF YOU PUBLISH PERSONAL INFORMATION, THERE IS A POSSIBILITY THAT THIRD PARTIES COULD HARASS YOU, ATTEMPT TO CONTACT YOU, AND, TRY TO HARM YOU. THEREFORE, IT IS IMPORTANT THAT YOU CAREFULLY CONSIDER THE RISK BEFORE DISCLOSING AND PUBLISHING PERSONAL INFORMATION AND THAT YOU UNDERSTAND THAT ANY SUCH DISCLOSURE AND PUBLISHING ARE MADE BY YOU AT YOUR OWN RISK.
You should also note that the file transfer, the private calls and the webcam conferences you establish on or through Hichatter will be stamped with your IP address, thus allowing third parties to view it, and/or use it for harmful, unlawful, or distressing purposes.
Without limitations to the generality of the aforesaid and foregoing, due to the nature of Internet, computers, data flow, and other technical and economical practicalities, Hichatter Communicator as, like most computer data and Internet applications, is vulnerable to various security issues and hence should be considered unsecured. By using the Hichatter Communicator and the Internet in general, you may be subject to various risks, including among others eavesdropping, sniffing, spoofing, forgery, spamming, "imposturing", tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including without limitation, viruses, worms, Trojan horses, causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful. Information received or delivered on and through Hichatter Communicator may be subject to other security or privacy hazards or may not reach its destination or reach an erroneous address or recipient. Hichatter Communicator is not different than other applications in this respect.
INFORMATION
You must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Information received on or through Hichatter Communicator. Hi Chatter s.r.l shall not be obligated to actively monitor the Information users deliver or send on or through Hichatter Communicator and shall not be responsible for any Information received on or through Hichatter Communicator.
THE INFORMATION ON HICHATTER COMMUNICATOR MAY INCLUDE INAPPROPRIATE MATERIAL. BY ENTERING HICHATTER COMMUNICATOR YOU UNDERTAKE FULL RESPONSIBILITY FOR:

(A) DETERMINING WHETHER THE INFORMATION COMPLIES WITH YOUR NEEDS

(B) DETERMINING WHETHER YOU HAVE ADEQUATE LEGAL RIGHTS TO STORE, REPRODUCE OR OTHERWISE USE THE INFORMATION IN ANY MANNER CONTEMPLATED BY YOU

(C) COMPLIANCE WITH ANY LEGAL OBLIGATIONS, INCLUDING BUT NOT LIMITED TO, OBLIGATIONS IMPOSED BY COPYRIGHT, SECRECY, DEFAMATION, DECENCY, PRIVACY AND EXPORT LAWS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ENTER HICHATTER COMMUNICATOR.
HI CHATTER S.R.L DOES NOT WARRANT OR GUARANTEE:

1- that any Information received on or through Hichatter Communicator will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties;
2- that the Information received on or through Hichatter Communicator will not contain adult-oriented material, or material which some individuals may deem objectionable;
3- that the functions or services performed by Hi Chatter s.r.l will be uninterrupted or error-free or that defects in Hichatter Communicator will be corrected. It is the sole responsibility of the user to isolate software and Information, execute anti-contamination software and otherwise take steps to ensure that software or Information, if contaminated or infected, will not damage user's information or system.
HI CHATTER S.R.L MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE INFORMATION DELIVERED OR RECEIVED ON OR THROUGH HICHATTER COMMUNICATOR FOR ANY PURPOSE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. ALL SUCH INFORMATION IS SOLELY PROVIDED BY THE USERS. THE INFORMATION DELIVERED OR RECEIVED ON OR THROUGH HICHATTER COMMUNICATOR IS NOT REVIEWED, CONTROLLED OR EXAMINED BY HI CHATTER S.R.L IN ANY WAY BEFORE IT APPEARS ON HICHATTER COMMUNICATOR. HI CHATTER S.R.L DOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH INFORMATION. USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF THEIR MESSAGES AND MAY BE HELD LEGALLY LIABLE OR ACCOUNTABLE FOR THE CONTENTS OF THEIR MESSAGES (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS).
IN NO EVENT SHALL HI CHATTER S.R.L BE LIABLE TO ANY PARTY FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF HICHATTER COMMUNICATOR EVEN IF HI CHATTER S.R.L SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU.
In no event shall Hi Chatter s.r.l be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the Information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the content of messages.
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