LiveChatEurope Customer Terms & Conditions
By using LiveChatEurope you agree to be bound by the following terms of use (“User Terms and Conditions”).
Nicknames and public messages posted to LiveChatEurope (also referred to as the “Service”) are filtered and monitored to help ensure a clean and safer service for users. However Jumbuck Entertainment Ltd, its subsidiaries, affiliated companies, assigns and licensees including cell/mobile carrier hosts of LiveChatEurope, (“Jumbuck”, “we”, “us”, “our”) do not guarantee that the Chat Service is or will be clean and/or safe for users.
Jumbuck does not endorse or take responsibility for any opinions expressed by You or for the content of any messages posted or received by You within the Chat service. We will not be liable for any loss or damage incurred by You due to Your use of Chat. You are solely responsible for Your activities while using LiveChatEurope and You agree to indemnify us against any claim resulting from Your use or misuse of Chat.
We reserve the right to delete messages, issue warnings or ban users who post messages, that contain offensive, sexual or illegal content. By posting information through this service, you agree that you will not post, or facilitate distribution of any text or other information-- that: is unlawful, threatening, abusive, defamatory, libellous, fraudulent, invasive of another's privacy, contains explicit or graphic descriptions or accounts of violence or sexual acts; makes reference to pornographic or illegal acts including child abuse or child pornography, adult material that breaches the Obscene Publications Act or contains racist material; makes reference to terrorism; makes reference to Drug use; makes reference to Suicide; victimizes individual(s); infringes on any intellectual property right or other proprietary right of any party; constitutes unauthorized or unsolicited advertising or any form of lottery or gambling; impersonates any person or entity, including any employee or representative of Jumbuck. You agree that you must not: Disclose your personal details, including name, address, telephone number, email or place or work or study postcode, Attempt to meet someone in person, having being introduced to that person through this service, Use this service for commercial gain or for the transmission of unsolicited communications, knowingly solicit or collect personal information from a child 18 years old or younger without appropriate prior verifiable and legal parental consent.
Do you accept these Terms?
By using LiveChatEurope service in any way, you signify your agreement to all terms, conditions, and notices contained or referenced here in (refered to as the “User Terms and Conditions”) such terms also incorporate any relevant general terms set out by your mobile/cell carrier hosting LiveChatEurope. If you do not agree to the User Terms and Conditions and the Terms of Use then do not use the Service. We reserve the right, at our discretion and without notice, to update or revise these User Terms and Conditions. Please check the User Terms and Conditions and the Terms of Use periodically for changes.
Your continued use of the Service following the publication of any changes to the User Terms and Conditions and the Terms of Use constitutes acceptance of those changes.
Description of Service
The Service provides such users with the capability to select a nickname and to post text information to a selection of public LiveChatEurope rooms or to converse privately (1:1) from within the Service. Nicknames and public messages posted to the Service are filtered and monitored to help ensure a clean and safer service for users. However, Jumbuck does not guarantee that the Service is or will be clean and/or safe for users. Private messages are filtered for profanities and for most numeric characters but are not monitored.
Modifications to Service
LiveChatEurope reserves the right to modify or discontinue the Service with or without notice to user. You agree Jumbuck shall not be liable to any user or any third party should Jumbuck modify or discontinue the Service.
Agreement to Conditions of User Conduct
You agree to abide by the Service’s Conditions of User Conduct below, and including but not limited to, agreeing not to use LiveChatEurope for any unlawful purpose.
Conditions of User Conduct
By posting or attempting to post any information through the Service, you agree that you will not post, or facilitate distribution of any text or other information-- that:
- is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of violence or sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals);
- makes reference to pornographic or illegal acts including child abuse or child pornography, adult material that breaches any applicable law or contains criminally racist material or reference to acts of Rape, Bestiality, Necrophilia or Scat;
- makes reference to Terrorist or Extremist Organisations;
- makes reference to Drug use, distribution or abuse;
- makes reference to Self-Harm or Suicide;
- that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any person;
- that constitutes unauthorized or unsolicited advertising, junk or bulk messages (“spamming") or any other form of unauthorized solicitation, or any form of lottery or gambling;
- that attempts to obtain unauthorized access to any data or other information of any person; or
- that impersonates any person or entity, including any employee or representative of Jumbuck;
- and you shall not incorporate any of the above restricted text or information in your nickname/nicknames or user room/rooms, and accordingly we reserve the right to ban all nicknames referencing: Terrorist or Extremist Organisations-Drug use, distribution or abuse- pornographic or illegal acts- violence or sexual acts- criminally racist material or reference to acts of Rape, Bestiality, Necrophilia or Scat- Self-Harm or Suicide- or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
You agree that you must not:
- disclose your personal details, such as name, address, telephone number, email or home, workplace or school zipcode, or any other such personal information;
- attempt to meet someone in person, having being introduced to that person through the Service;
- use the Service for commercial gain;
- harvest, mine, or collect information about users or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications; or
- knowingly solicit or collect personal or sensitive information.
- Use Capital letter during the discussions in LiveChatEurope’s rooms
- Jumbuck RESERVES THE RIGHT AT ITS SOLE INDIVIDUAL DISCRETION to delete messages, issue warnings or BAN users/nicknames who post messages or login with nicknames, that contain the type(s) of information and/or cover the type of activity stated above. Jumbuck reserves the right to screen, monitor and edit the content posted by users that may be available on or through the Service. Jumbuck have the right at their sole individual discretion to remove any content that, in its judgment, does not comply with these User Terms and Conditions or is otherwise harmful, objectionable, or inaccurate. However, Jumbuck is not responsible for any failure or delay in removing such content.
Content submitted to LiveChatEurope
LiveChatEurope and its service provider do not claim ownership of the content you post to the Service.
Jumbuck reserves the right to use images, videos and text descriptions, uploaded from the users, for the following platforms: wap, internet, MMS, SMS, VideoCALL and all the sites and new services related to them that will be provided or will go on production in the future whether associated with LiveChatEurope or any other Jumbuck service and including for marketing and promotional purposes, and you provide an irrevocable, royalty free, global licence to Jumbuck to the extent required to effect this right.
Limitation of Liability
Under no circumstances shall Jumbuck be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, the Service. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Jumbuck has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Jumbuck in such jurisdictions shall be limited to the extent permitted by law.
Indemnification
Upon a request by Jumbuck, you agree to defend, indemnify, and hold harmless Jumbuck and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including legal fees that arise from your use or misuse of the Service. Jumbuck reserves the right, at it own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Jumbuck in asserting any available defences.
International Use
Jumbuck makes no representation that materials on the Service are appropriate or available for use in international locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws.
Choice of Law and Forum
These User Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria, Australia. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Service shall be filed only in the courts located in Victoria, Australia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Severability and Integration
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Jumbuck with respect to use of the Service and user conduct in the Service and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Jumbuck with respect to use of the Service and user conduct in the Service. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Service Provider
You agree and are aware that the service provider, being Jumbuck Entertainment Ltd, is able to and will seek compliance with and/or implement the User Terms and Conditions and Terms of Use, particularly with respect to the Conditions of User Conduct above, in the manner they see fit.
Contact
Jumbuck Support at support@jumbuck.com.
|
 |