End User License Agreement
The subsequent Terms of Use delineate your responsibilities when
availing of our mobile application (“App”) or Service (as defined
herein), or any of the information, text, graphics, videos, or
other files, materials, data or content of any sort that are
created or furnished by or through the App or the Service, or
through your ability to sell products on the App and generate User
Contributed Content (as defined herein). Kindly also peruse our
Privacy Policy, which forms a part of these Terms of Use and which
details our practices regarding the handling of any personal
information that you might furnish to us.
Acceptance of these Terms of Use
The App is accessed by you in consonance with the Terms of Use
delineated herein (“Terms of Use”, “Terms of Service” or
“Agreement”). Kindly peruse these Terms of Use scrupulously before
employing the App or the Service. By accessing the App or availing
any portion of the Service, you express your consent to be bound
by these terms and conditions. If you do not concur with all these
terms and conditions, then you may not access the App or make use
of the Service. Nothing within this Agreement shall be construed
as conferring any third-party rights or benefits.
Modifications of these Terms of Use
We may revise these Terms of Use from time to time, and the most
current version will be obtainable on the App. If the revision(s),
at our sole discretion, is deemed a substantial change, we may
endeavor to notify you by posting an announcement on the App. You
are responsible for reviewing and becoming acquainted with any
modification, and you consent to be bound by such modifications or
revisions. The utilization of the App or the Service subsequent to
any such revision(s) indicates your acceptance of the terms and
conditions of these Terms of Use as modified.
Service Description, Disclaimers, and Releases
The main role of Chatly is to connect you with new friends from
all over and it offers real-time streaming for one-on-one chats
and comments. Chatly is a user platform. It has no control over
users or their behavior. Chatly doesn't take responsibility for or
guarantee the accuracy and legality of user-provided info. Users
must settle disputes among themselves and release Chatly from
liability.
When using the service, don't: (i) Share personal contact info
with others, (ii) Engage in illegal or improper behavior, (iii)
Exhibit indecent, pornographic, etc. conduct, (iv) Conduct
commercial activities or value-exchanging transactions. Take
precautions in interactions. You know Chatly isn't responsible for
content accuracy. You might be exposed to offensive content but
waive rights against Chatly. The service and its content may
violate local laws; it's your responsibility to ensure compliance
and indemnify Chatly if violated. Chatly may remove or ban you for
violating terms, especially for Moments or Video Chat content.
Your Registration Responsibilities
The App and Service are accessible only to registered users with a
Chatly account created via phone number. By registering and
accessing, you explicitly accept and agree to this Agreement. The
use, registration, and account creation are for individuals aged
18 or above. You warrant being at least 18. If under 18, don't
register. With parental/guardian approval, under-18s can use.
Review terms with them.
You are not allowed: (i) Use others' names as your User ID to
imitate, (ii) Use someone else's name without authorization, (iii)
Use offensive User ID names, (iv) Use others' accounts without
permission, (v) Buy/sell/rent/lease account access without written
permission.
We can refuse or cancel User IDs. If your selected ID infringes on
others' rights, we can remove or reclaim it. You're responsible for
activities and keeping your password safe. Notify us of unauthorized
use. Creating multiple accounts may lead to termination. Contact us
for questions on multiple accounts.
Ownership and Standards of User-Generated Content
When using the Service, you create or upload various kinds of data
and information, such as photos, text, messages, posts, html,
URLs, pictures, videos, and other content (collectively called
"User-Generated Content"). Whether it's publicly posted or
privately sent, the responsibility for such content lies solely
with the Chatly user who originated it. You are fully responsible
for all the User-Generated Content you upload, post, email, send,
or make available through the App or the Service. We may monitor
or control the posted content but are not obligated to do so and
bear no responsibility for it.
Any content or material you upload via the App or the Service is
considered non-confidential and non-exclusive. We have the right
to reveal your identity to any third party claiming that your
uploaded/posted material violates their intellectual property,
privacy, or other rights. When using the App or the Service, you
agree not to generate or upload any User-Generated Content that:
(1) is inappropriate or illegal for other users, including but not
limited to anything defamatory, inaccurate, unlawful, harmful,
threatening, abusive, harassing, vulgar, offensive, obscene,
pornographic, hateful, or promoting violence, discrimination,
bigotry, racism, or hatred, as determined by Chatly at its sole
discretion; (2) contains viruses, time-bombs, worms, cancelbots,
Trojan horses, or other harmful code; (3) attempts to reverse
lookup or trace information of other users or visitors, or uses
the Services to obtain such information; (4) tries to gain
unauthorized access to any part of the Services or
systems/networks through hacking, password "mining," or other
illegal means; (5) uses any "deep-link," "page-scrape," "robot,"
"spider," or other automatic device, program, algorithm,
methodology, or manual process to access, acquire, copy, or
monitor any part of the Services or its data/materials, or obtains
or attempts to obtain materials/documents/information through
means not intentionally provided by the System; (6) requests or
offers sexually explicit images or engages in activities harmful
to minors; or (7) otherwise violates these terms.
We do not support, represent, or guarantee the truthfulness,
accuracy, or reliability of any User-Generated Content or the
opinions expressed therein. You agree to waive any legal or
equitable rights or remedies you have or might have against us
regarding this. You acknowledge that relying on User-Generated
Content of any Chatly user is at your own risk. We reserve the
right (but have no obligation) to remove or refuse to distribute
any User-Generated Content that violates these Terms of Use. We
also reserve the right to access, read, preserve, and disclose any
information as we reasonably believe is necessary for: (a)
complying with applicable laws, regulations, legal processes, or
government requests; (b) enforcing these Terms of Use, including
investigating potential violations; (c) detecting, preventing, or
addressing fraud, security, or technical issues; (d) responding to
member support requests; or (e) protecting our rights, property,
safety, and that of our users and the public. We will not be
responsible or liable for exercising or not exercising this right
under these Terms of Use. You understand that using or accessing
the App or the Service may expose you to offensive, harmful,
inaccurate, or inappropriate content, or in some cases, mislabeled
or deceptive postings. Under no circumstances will we be liable in
any way for any content or communications, including but not
limited to errors or omissions in any User-Generated Content, or
any loss or damage of any kind resulting from the use of any
Chatly Content or User-Generated Content posted, emailed, sent, or
otherwise made available on the App or through the Service.
Digital Millennium Copyright Act; Procedure for Making Claims of
Infringement
You agree to upload, post, submit, or otherwise transmit only User
Contributed Content that: (i) you have the legal right to use,
copy, distribute, transmit, or display; and (ii) does not violate
the intellectual property or privacy rights of any third party
(including but not limited to copyright, trademark, patent, trade
secret, or other intellectual property rights, moral rights, or
rights of publicity). Chatly respects the legal rights of others
and expects its users to do the same. Chatly's policy is to
respond to notices of alleged copyright or other forms of
intellectual property infringement that comply with applicable
laws (particularly the United States' Digital Millennium Copyright
Act or "DMCA"). Repeat offenders may have their user accounts
and/or access to the App and the Service removed or disabled at
Chatly's discretion, regardless of the status of any specific
notification or counter-notification.
If you believe your intellectual property rights have been
infringed, please provide Chatly with a written notice containing
the following information:
The full name, mailing address, telephone number, contact email
address, and physical or electronic signature of the owner of an
exclusive right allegedly infringed, or a person or entity
specifically authorized to act on that owner's behalf.
Identification of the works claimed to have been infringed, or if
multiple works on a single online site are covered by a single
notification, a representative list of such works.
Identification of the material claimed to be infringing or the
subject of infringing activity to be removed or access to which is
to be disabled, along with information sufficient for Chatly to
locate the said material.
A statement that the complaining party has a good faith belief
that the use of the material as complained of is not authorized by
the rights holder, their agent, or the law.
A statement that the information in the notification is accurate
and, under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of the allegedly
infringed exclusive right.
Any supporting documentation to help establish the rights at
issue, such as copies of a valid and properly executed copyright
registration certificate.
Notices should be sent to Chatly’s Agent for Notices of
Infringement Claims:
Email: support@Chatly.world
Upon receiving a properly formatted notice, Chatly will promptly
act to remove the allegedly offending content or disable public
access to it. Chatly will also send a copy of any infringement
notice to the party said to be responsible for the infringement.
If you receive such a notice, you may choose to file a
counter-notice, essentially stating that you dispute the
allegations in the notice and formally requesting that any removed
or disabled material be reposted. A counter-notification should
include the following information:
The full name, address, telephone number, contact email address,
and physical or electronic signature of the party named in the
infringement notice, or a person or entity specifically authorized
to act on their behalf.
Identification of the material(s) claimed to have been removed or
disabled by Chatly, and information sufficient for the service
provider to determine its previous location.
A statement that the party making the counter-notice has a good
faith belief that the use of the material as complained of is not
authorized by the rights holder, their agent, or the law.
A statement that the information in the counter-notification is
accurate, and under penalty of perjury, that the materials were
removed or disabled due to misidentification or wrongful
allegation.
A statement that you will accept jurisdiction for disputes related
to this matter in either: (i) the Federal District Court in the
district where you reside; or (ii) if you reside outside the
U.S.A., in the District of California.
Any supporting documentation to help establish the statements in
your counter-notification.
Your Property Rights and the Licenses Granted to Chatly
Unless otherwise stated in these Terms of Use or elsewhere on the
App, we do not claim ownership or control over any User
Contributed Content. You retain all trademark and copyright rights
to any User Contributed Content that you submit, sell, post, or
display on or through the App or the Service, and it is your
responsibility to safeguard those rights.
For all content you submit to the Services, you grant Chatly and
our affiliates a global, royalty-free, sublicenseable, and
transferable license to host, store, use, display, reproduce,
modify, adapt, edit, publish, and distribute that content. This
license is for the limited purpose of operating, developing,
providing, promoting, and improving the Services and researching
and developing new ones. Even though we are not obliged to, we may
access, review, screen, and delete your content at any time and
for any reason, including for providing and developing the
Services or if we think your content violates these Terms of
Service. You are still accountable for the content you create,
upload, post, or store through the Service.
As part of this utilization of information, we might provide
aggregate information, not personal information about you, to our
partners regarding how our users, collectively, utilize the App
and the Service. In connection with any of the uses mentioned
above, you agree to release and discharge us, and our affiliates,
licensees, and business partners from any claims, actions, and
demands of any kind, including but not limited to any claims of
libel, infringement of the right of publicity, invasion of
privacy, portrayal in a false light, or any other claim.
When granting these licenses to us, and our affiliates, licensees,
and business partners, you represent and warrant that you own or
possess the necessary licenses, rights, consents, power,
authority, and permissions to grant these licenses, which include
but are not limited to any third-party rights required due to the
subject matter of your User Contributed Content.
Ownership of Chatly Content
Including your own User Contributed Content, we hold all rights,
titles, and interests, including all global intellectual property
rights in all content associated with the App and the Service
(collectively, the "Chatly Content"). The Chatly Content,
including the App and the Service, is protected by copyright,
trademark, and other laws of both the United States and foreign
nations.
Unless explicitly permitted in these Terms of Use, you are
prohibited from reproducing, modifying, or creating derivative
works based on, distributing, selling, transferring, publicly
displaying, publicly performing, or otherwise using the Chatly
Content, including the App and the Service. You must not remove,
modify, or hide any copyright, trademark, service mark, or other
proprietary rights notices included in or accompanying any part of
Chatly or its related products and services.
Other than as explicitly stated here, you may not carry out any
commercial use of the Chatly Content, including the App and the
Service, without Chatly's prior written consent.
General Prohibitions and Agreements
Does not advocate violence, sexually explicit materials, illegal
content, illegal activities, alcohol, tobacco,
pseudo-pharmaceuticals, prescription drugs, or discrimination
based on race, sex, religion, nationality, disability, sexual
orientation, or age, or anything else that is illegal or
offensive, as determined at Chatly's sole and absolute discretion;
Does not include in your User Contributed Content any photos or
text that contain references to another website, app, or merchant;
Does not make any unlicensed or unauthorized use of, or otherwise
encroach upon, violate, or misappropriate, any patent, copyright,
trademark, trade secret, right of privacy, right of publicity, or
other intellectual property or proprietary right of any third
parties;
Does not defame, intimidate, or harass any third party;
Does not access, tamper with, or use non-public areas of the App,
our computer systems, or the technical delivery systems of our
providers;
Does not attempt to investigate, scan, or test the vulnerability
of any system or network or breach any security or authentication
measures;
Does not attempt to access or search Chatly with any engine,
software, tool, agent, device, or mechanism other than the
software and/or search agents provided, or specifically
authorized, by us or other generally available third-party web
browsers (such as Microsoft Internet Explorer or Netscape
Navigator);
Does not attempt to modify or transform the App, the Service, the
Chatly Content, or the User Contributed Content of any other user,
or use Chatly or any of its services for purposes other than those
for which they were intended;
Does not send unsolicited email, junk mail, “spam,” chain letters,
or promotions or advertisements for products or services;
Does not forge any TCP/IP packet header or any part of the header
information in any email or posting, or in any way use Chatly to
send altered, deceptive, or false source-identifying information;
Does not attempt to decipher, decompile, disassemble, or reverse
engineer any of the software used to provide the App or the
Service;
Does not interfere with, or attempt to interfere with, the access
of any user, host, or network, including, without limitation,
sending a virus, overloading, flooding, spamming, or mail-bombing
the App;
Does not impersonate or falsely represent your affiliation with
any person or entity;
Does not send illegal material or offensive messages, as
determined within Chatly's sole discretion, to other Chatly users;
Does not attempt to circumvent or manipulate our billing process
or the fees owed to Chatly, if applicable.
We have the right to investigate and prosecute violations of any
of the above, including intellectual property rights infringement
and App security issues, to the fullest extent of the law. We may
involve and cooperate with law enforcement authorities in
prosecuting Chatly users who violate these Terms of Use. You
acknowledge that we have the right to monitor your access to or
use of the App and/or the Service for operational purposes, to
ensure your compliance with these Terms of Use, or to comply with
applicable law or the order or requirement of a court,
administrative agency, or other governmental body.
Links from Chatly to Other Sites
The App may contain links to third-party websites or resources.
You recognize and consent that we are not answerable or liable
for: (i) the availability or accuracy of such websites or
resources; or (ii) the content, products, or services on or
available from such websites or resources. Links to such websites
or resources do not imply any approval by us of such websites or
resources or the content, products, or services available from
them. You acknowledge full responsibility for and assume all risks
resulting from your utilization of any such websites or resources.
Termination
We may bring an end to these Terms with you at any time, for any
reason, and without prior notification. This means that we may
discontinue providing you with any services, or impose new or
additional limitations on your ability to make use of our
services. For example, we may deactivate your account due to
prolonged inactivity, and we may reclaim your username at any time
for any cause. If you violate any of these Terms of Use, your
permission to use and access the App and the Service could be
automatically revoked. In the case that your account or usage is
terminated, you are prohibited from creating any new accounts or
otherwise accessing the App or the Service without our prior
written consent. We reserve the right to withdraw your access to
and use of the App and the Service at any time, with or without a
cause. We also reserve the right to cease providing or to modify
the App and the Service at any time and without notice.
Indemnification
You agree to compensate and safeguard Chatly, its parents,
subsidiaries, affiliates, officers, directors, employees, agents,
and representatives from harm, and to defend and keep each of them
safe from any and all claims, liabilities, losses, damages, costs,
and other expenses (including attorneys' and expert witnesses'
costs and awards) arising from or related to: (1) your use of and
access to the App or the Service; (2) your violation of any laws
or any infringement by you, or any third party using your account
or Chatly User ID, of any intellectual property, property,
privacy, or other right of any person or entity; (3) any violation
of any obligation in this Agreement by you; (4) any intentional
misbehavior or carelessness by you in using the App or the
Service; or (5) any claim that a user's User Contributed Content
caused harm of any kind to another user or to any other third
party.
Limitation of Liability
You recognize that you are utilizing the App, the Service, and the
Chatly Content at your own risk and that Chatly, along with its
parents, subsidiaries, affiliates, officers, directors, employees,
agents, and representatives (collectively, the "Chatly Parties"),
will not be accountable for any damage to your computer system,
loss of data, or other harm resulting from your access to or use
of the aforementioned. The App, the Service, and the Chatly
Content are offered on an "as is" basis, and the Chatly Parties
hereby explicitly disclaim any and all warranties, whether
expressed or implied, including but not limited to any warranties
of accuracy, dependability, title, merchantability,
non-infringement, fitness for a specific purpose, or any other
warranty, condition, guarantee, or representation, whether oral,
in writing, or in electronic form, including but not limited to
the accuracy or completeness of any information contained therein
or provided by the Chatly Parties. The Chatly Parties do not
assert or warrant that access to the App, the Service, or the
Chatly Content will be continuous or that there will be no
disruptions, errors, omissions, or loss of transmitted
information, or that no viruses will be transmitted through the
App. The Chatly Parties shall not be liable to you or any third
parties for any direct, indirect, special, consequential, or
punitive damages allegedly sustained arising from this Agreement,
the provision of the App, the Service, or the Chatly Content
herein, the sale or purchase of any products, services, or
merchandise via the App or the Service and any injury or damage
caused thereby, any misrepresentation or fraud by a user, your
access to or inability to access the App, the Service, or the
Chatly Content, including for viruses alleged to have been
obtained from the App, your use of or reliance on the App, the
Service, or the Chatly Content, or any of the merchandise,
information, or materials available on the App regardless of the
type of claim or the nature of the cause of action, even if
informed of the possibility of such damages. Some states do not
allow the exclusion of implied warranties or the limitation or
exclusion of liability for incidental or consequential damages, so
the above exclusions or limitations may not be applicable to you.
You may also have other rights that vary from state to state. You
hereby agree to discharge the Chatly Parties from any and all
claims, demands, and damages (actual and consequential) of every
kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed ("Claims"), arising out of or in any way
related to your use of the App, the Service, or the Chatly
Content. If you are a California resident, you waive California
Civil Code Section 1542, which states, in part: "A general release
does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the
release, which if known by him must have materially affected his
settlement with the debtor". The total cumulative liability of the
Chatly Parties in connection with this Agreement, whether in
contract or tort or otherwise, will not exceed $500.
General Provisions
Governing Law; Venue. This Agreement is governed by the laws of
the State of California, disregarding any conflict of laws
principles that might require the application of the laws of any
other jurisdiction. You irrevocably consent to the personal
jurisdiction of the state and federal courts located in Los
Angeles, California, for any lawsuit or action arising from or
related to this Agreement, and waive any right you might have to
object to the venue of such courts. You further agree that these
courts will have sole jurisdiction over any such lawsuit or action
initiated by you against Chatly.
Arbitration
If any dispute, controversy or claim arises among the parties
under, out of, or in relation to this Agreement, including those
related to its formation, construction, interpretation, or breach,
or a party's performance of obligations (“Dispute”), the parties
should first try to resolve it through mutual and good faith
consultation. If the Dispute remains unresolved within 45 days
from a party's notice, any party can serve a notice demanding
arbitration.
For Disputes where the total award sought is less than $5,000 and
excluding claims for injunctive or other equitable relief, the
party seeking relief can choose cost-efficient,
non-appearance-based arbitration through an established ADR
Provider. The arbitration shall follow the provider's rules,
except where they conflict with this Agreement. The requesting
party proposes an ADR Provider, and the other party shouldn't
unreasonably withhold consent. The arbitration can be by phone,
online, or written submissions. It's in English, with no personal
appearance unless agreed. The award can be entered in any
competent court. Each party bears its own costs and shares the ADR
Provider's fees equally.
Other Disputes shall be referred to and determined by arbitration
under the JAMS Commercial Arbitration Rules. The location is Los
Angeles, California. A single arbitrator is chosen or selected
from a list provided by the Administrator. If the parties can't
agree within 10 days of receiving the list, the Administrator
selects. Proceedings and evidence are in English. Each party bears
its own costs and shares the Administrator and Arbitrator's fees.
The Arbitrator can determine the prevailing party and award
reimbursement. The Arbitrator issues a written award and decision,
and has the authority to grant equitable relief. The award is
final and binding, except as permitted by law. However, Chatly can
go to court for intellectual property protection or injunctive
relief.
Severability
If any provision of this Agreement is considered invalid, illegal
or unenforceable by any government entity, the remaining
provisions of this Agreement shall remain fully valid and
effective, provided that the essential terms and conditions of
this Agreement for both parties remain valid, binding and
enforceable. To the extent permitted by law, the parties hereby
waive to the same extent any law provision that makes any
provision herein prohibited or unenforceable in any way.
No Assignment
This Agreement, along with your rights and obligations hereunder,
cannot be assigned, delegated or otherwise transferred, either in
whole or in part, by operation of law or any other means, by you
without the express prior written consent of Chatly. Any attempted
assignment, delegation or transfer contrary to the above shall be
null and void. Chatly may assign this Agreement or any of its
rights under this Agreement to any third party without your
consent.
Notices
Chatly may provide any notice stipulated by this Agreement through
a general notice on the App, an email to the email address of
yours recorded with Chatly, or a written communication sent by
first-class mail or pre-paid post to your address recorded with
Chatly.
Remedies
Chatly's remedies for any violation of this Agreement by you will
include damages, injunctive relief, specific performance and
restitution. You recognize that any violation of this Agreement by
you would cause irreparable harm to Chatly for which monetary
damages would not be a sufficient remedy. Therefore, Chatly will
be entitled to injunctive relief (including specific performance).
The rights and remedies provided to each party in this Agreement
are cumulative and in addition to any other rights and remedies
available to such party under the law or in equity.
Entire Agreement; Modifications
This Agreement constitutes the ultimate, comprehensive, and sole
pact of the parties concerning the subject matter herein, and it
supersedes and consolidates all previous or concurrent
communications and understandings between the parties. Chatly
reserves the right to make amendments to this Agreement, at its
sole discretion, in accordance with Section 2 above.
Feedback
In the event that you provide Chatly with any feedback related to
the App or the Service, including but not limited to, any flaws,
errors, bugs, anomalies, problems with and/or suggestions for the
App or the Service (collectively, “Feedback”), you hereby transfer
to Chatly all rights in the Feedback, including but not limited
to, the right to utilize such Feedback and associated information
in any manner we deem appropriate. You acknowledge that Chatly is
not obligated to remunerate you in any way for your feedback.
Modifications to the App or the Service Chatly offers users
seamless live streaming services, the technical implementation of
which is achieved through Agora. By your continued use of Chatly,
you indicate that you voluntarily accept the audio and video
services of Agora and consent to the Agora affiliate agreement and
Information Security Policy.