Last updated on August 15, 2016.
Chat AHOY welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing to firstname.lastname@example.org. Privacy concerns can be emailed to email@example.com.
Chat AHOY is about sharing moments and having fun. Our goal in creating these rules is to accommodate the broadest range of self expression while balancing the need for Chat AHOY to be able to use our service safely and enjoyably.
Don’t broadcast videos others don’t want to receive.
Be thoughtful about what you broadcast and whom you send it to. It’s okay with us if someone takes a screenshot, but we can’t speak for you or the broadcaster.
Keep it legal. Don’t use Chat AHOY for any illegal shenanigans and keep your clothes on!
What not to broadcast and message:
Violating these rules may result in the removal of content, and being prohibited from using Chat AHOY in the future.
Please take these rules seriously and honor them in the spirit in which they are intended. The rules will change and evolve along with the Chat AHOY user community. We will do our best to enforce them consistently and fairly, and ultimately we’ll try to do what we think is best in each situation, at our own discretion.
In the event you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern as to the respective party’s relationship with you. In these instances, we will take steps to make the third party’s terms available to you before you begin to use the service, feature, or functionality.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND CHAT AHOY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Although these Terms form a proper legal contract—and inevitably read like a proper legal contract—the bulk of them are simply designed to ensure our users have fun. These Terms let us provide and continue to improve our Services, while at the same time ensuring that a few mean users don’t ruin the fun for everyone else. Your part in that is simple. Just use common sense: Keep broadcasting awesome videos, and please don’t broadcast videos that they don’t want to receive.
Chat AHOY is intended for people who are at least 16 years old. For certain features or functionality offered by us or others through the Services, users must be at least 18 years old. Those Services may be subject to separate terms from us or third parties that contain these further age requirements. If you are under 18 and use those Services, you may be violating the third party’s governing terms, which we deem a violation of these Terms as well.
You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.
The Services consist of interactive features and areas that allow users to create, post, transmit, and/or store content, including but not limited to photos, videos, text, graphics, items, or other materials (collectively, “User Content”). You understand that you are responsible for all data charges you incur by using the Services. You also understand that your User Content may be viewable by others. And you agree to abide by our Community Guidelines, which may be updated from time to time.
You agree that you are solely responsible for your User Content and any claims arising therefrom, and that Chat AHOY is not responsible or liable for any User Content or claims arising therefrom. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete User Content at any time and for any reason.
You retain all ownership rights in your User Content.
You agree that any feedback, suggestions, ideas, or other information or materials regarding Chat AHOY or the Services that you provide, whether by email or otherwise (“Feedback”), are non-confidential and shall become the sole property of Chat AHOY. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, “Chat AHOY Content”), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws. Unauthorized use of Chat AHOY Content may violate such laws and these Terms. Except as expressly provided in these Terms, Chat AHOY does not grant any express or implied rights to use Chat AHOY Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Chat AHOY Content, the Services, or any related software, except as expressly stated in these Terms
You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and Chat AHOY Content. This license is revocable at any time. This license is subject to these Terms and does not include:
Any use of the Services or Chat AHOY Content other than as specifically authorized in these Terms, without the prior written permission of Chat AHOY, is strictly prohibited and will terminate the license to use Chat AHOY granted in these Terms.
In addition to the other restrictions outlined in these Terms, you agree that you will not:
You further agree to abide by any third-party terms that apply to the Services or when posting reviews of Chat AHOY, including the Apple App Store Terms of Service or the Google Play Terms of Service.
We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof.
THE SERVICES AND THE CHAT AHOY CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE CHAT AHOY ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS.
The Services are hosted in the Netherlands. If you are a user accessing the Services from the United States, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from Dutch and European Union laws, please be advised that through your continued use of the Services, you are transferring your personal information to the Netherlands and you consent to that transfer.
By agreeing to these Terms you agree to indemnify, defend, and hold harmless Chat AHOY, our managing members, shareholders, employees, affiliates, licensors, and suppliers (the “Chat AHOY Parties”) from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your access to or use of the Services; (b) any User Content you post, upload, use, distribute, store, or otherwise transmit through the Services; (c) your violation of these Terms; (d) your violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, or propriety right; or (e) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities.
Except where prohibited by law, in no event will Chat AHOY or the Chat AHOY Parties be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if Chat AHOY has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Chat AHOY for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, Chat AHOY is found liable to you for any damage or loss that arises out of or is in any way connected with your use of the Services or any content, Chat AHOY’s liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
A lawsuit, if any, by you or Chat AHOY against the other will occur in The Netherlands. You and Chat AHOY agree that the jurisdiction and venue of this court is exclusive.
Any dispute between you and Chat AHOY will be governed by these Terms and the laws of the Netherlands and applicable European Union law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Chat AHOY. These Terms do no create or confer any third-party beneficiary rights. We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services, or updating the “Last Updated” date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services.