Last Updated: [11/06/2024]
VelvetRope, LLC (“we, us, our, ours, etc.”) is the owner and operator of www.myprivatechat.com and any affiliated websites and related mobile versions and all services provided thereon (“MyPrivateChat.com”). We are the owner of all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, content, information, or materials on MyPrivateChat.com (“Materials”). While we do not own the content shared on MyPrivateChat.com by you (“Content”) or our other users, such user-generated content is included within the definition of MyPrivateChat.com and is excluded from the definition of Materials.
These Terms of Service constitute a legal contract that establishes the relationship between you, the user, (“you, your, yours, etc.”) and us as it relates to your access to and use of MyPrivateChat.com, a paywall platform for content creators to engage in live video/chat and distribute paid content to fans in exchange for a fee. By accessing or using MyPrivateChat.com, you accept and agree to our website policies, including these Terms of Service, and you certify to us that (a) you are eighteen (18) years of age or older, and are at least the age of majority in your jurisdiction, (b) you have the legal capacity to enter into and agree to these Terms of Service, (c) you are using MyPrivateChat.com freely, voluntarily, willingly, and for your own personal enjoyment, and (d) you will only provide accurate and complete information to us and promptly update this information as necessary to maintain its accuracy and completeness.
We reserve the right to revise these Terms of Service at any time. You agree that we have this unilateral right, and that all modifications or changes are in force and enforceable immediately upon posting. The updated version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. We agree that if we change anything in these Terms of Service, we will change the “Last Updated” date at the top of these Terms of Service. You agree to re-visit this page on a frequent basis, and to use the “Refresh” or “Clear Cache” function on your browser when doing so. You agree to note the date above. If the “Last Updated” date remains unchanged from the last time you reviewed these Terms of Service, then you may presume that nothing in these Terms of Service has changed since the last time you visited. If the “Last Updated” date has changed, then you must review the updated Terms of Service in their entirety. You must agree to any updated Terms of Service or immediately cease use of MyPrivateChat.com. If you fail to review these Terms of Service as required to determine if any changes have been made, you assume all responsibility for such omission, and you agree that such failure amounts to your affirmative waiver of your right to review the updated terms. We are not responsible for your neglect of your legal rights.
1. Accounts
1. Registration
All users may register for a single account on MyPrivateChat.com, provided you meet the requirements set forth herein and otherwise abide by these Terms of Service and submit any necessary age verification documentation, including a copy of a government-issued identification card. To purchase access to user-generated content on MyPrivateChat.com, you must also provide a valid payment method and add balance to your account (“Account Balance”). To distribute paid Content on MyPrivateChat.com for a fee, you must also submit valid and current banking information. In either instance, you agree that we, or our contractors, are authorized to collect, store, and/or maintain certain biometric information including a retina or iris scan, fingerprint, voiceprint, or scan of your hand or face geometry from any Content or verification documents you provide to us.
2. Accuracy
If you fail to provide the required information, if we reasonably believe that you have provided false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, if you fail to promptly update such information to maintain its accuracy and completeness, or if we or any of our authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, we may reject, suspend, or terminate your account, as well as subject you to criminal and civil liability. Acceptance of registration is subject to our sole discretion. While we may require you to provide additional information as necessary to verify the accuracy of your identity and the information you provide to us, you understand and agree that we do not sponsor or endorse any user, or any user-generated content.
3. No Account Sharing
You will not use, attempt to access, or ask for the login credentials for any third party’s account at any time. You will not allow any third party to access or use your account at any time, nor provide any third party with your login credentials. We will not be liable for any loss that you may incur as a result of any third party that uses your password or otherwise accesses your account, either with or without your knowledge. You will be liable for losses incurred by us or any third party due to release of account credentials to unauthorized persons.
4. Termination by You
You may delete your account by clicking “Delete Account” in your account settings. You will not assign, transfer, sell, or share your membership to MyPrivateChat.com. If you do, both you and any unauthorized user are jointly and severally liable for any fees that will be due.
5. Termination by Us
We may suspend or terminate your account, membership, and any licenses herein, at any time, for any reason, in our sole discretion, including if you violate these Terms of Service or if your account becomes inactive for more than six months. If we terminate your account, you will be responsible for all charges to your account at the time of termination, and any remaining Account Balance will become non-refundable. We are not responsible for preserving terminated account information which may be permanently deleted at our discretion.
2. Grant of Rights
1. Materials
You understand that all we are offering you is access to and use of MyPrivateChat.com and the Materials, as we provide them from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access or use MyPrivateChat.com. All users may access and use certain public areas of MyPrivateChat.com, free of charge. We grant all users a limited, nonexclusive, revocable, and nontransferable personal license to access and use only those Materials provided on free areas of MyPrivateChat.com for private, non-commercial purposes. This free license does not include a license to access or use paid areas of MyPrivateChat.com or the Materials therein. If you are a registered user who has passed our age and identity verification procedures, we also grant you a limited, nonexclusive, revocable, and nontransferable personal license to access and use MyPrivateChat.com, the Materials, and user-generated content, as limited by your purchase of certain paid features. This paid license is for private, non-commercial purposes. We reserve the right to limit the amount of Materials viewed or features available to you. We reserve the right to limit or otherwise restrict your ability to access any live content if you do not meet our sufficient minimum Account Balance requirements. Your license to access and use MyPrivateChat.com, the Materials, any user-generated content, and certain paid features is not a transfer of title. You will not copy or redistribute any Material or user-generated content, and you will prevent others from unauthorized access, use of, or copying of the Materials and any user-generated content.
2. Content
We may permit you to submit Content to MyPrivateChat.com. Except for personally identifiable information covered under our Privacy Policy, we will consider Content non-confidential and nonproprietary. We will have no obligation regarding Content, and we do not guarantee any confidentiality for any Content. You are solely responsible for the Content and the consequences of posting the Content to MyPrivateChat.com. You understand and agree that live streams may be recorded and archived by us, and that we may make live streams and recordings thereof accessible to our users even after the live stream has ended.
You retain all ownership rights in the Content. However, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content for our business (and the business of our successors), including for promoting and redistributing any part of MyPrivateChat.com (and derivative works of it) in any media formats and through any media channels for the purposes set forth in these Terms of Service. This license shall include the right to copy and transfer the Content to any of our affiliate, related, or partner sites, and to post the Content on different pages of MyPrivateChat.com at our sole discretion. We may freely use the Content for any purpose. By posting Content to MyPrivateChat.com, you consent to (i) being depicted the Content, and (ii) the Content being publicly distributed on MyPrivateChat.com.
Further, you grant each user of MyPrivateChat.com a worldwide, nonexclusive, royalty-free license to access, use, view, display, and perform the Content through MyPrivateChat.com, as permitted through MyPrivateChat.com and under these Terms of Service, and as limited by that user’s purchase of certain paid features.
3. Section 2257
You represent and warrant that your Content is fully compliant with all requirements listed at 18 U.S.C. § 2257 et seq. 18 U.S.C. § 2257A, and 28 CFR Part 75 et seq. (“Section 2257”) and that you possess and maintain age verification documents required by Section 2257 in a form acceptable to us and that you will continue to maintain originals of these documents in that manner and for so long as you maintain an account on MyPrivateChat.com, plus a term of seven (7) years, or the length of time required by law (whichever is longer), and that you will provide to us an accurate and legible copy of this documentation immediately upon request and/or provide us with the required information during the registration process. You further consent to any circulation of such records to third parties such as our contractors, affiliates, successors, and sub-licensees, at our sole discretion. For so long as you maintain an account on MyPrivateChat.com, and for a period of no less than seven (7) years after your account on MyPrivateChat.com is deactivated, you will act as the “Custodian of Records” as defined in 28 CFR Part 75 et seq. and will maintain all records as required by Section 2257 at your primary address. Upon request, you will provide us with one or more valid government-issued “picture ID cards” as mandated by Section 2257, that contain your name, photo, and birth date.
3. Acceptable Use Policy
1. Prohibited Uses for All Users
You agree that you will only use MyPrivateChat.com for purposes expressly permitted and contemplated by these Terms of Service. You may not use MyPrivateChat.com for any other purposes without our express prior written consent. Without our express prior written authorization, you will not:
- use MyPrivateChat.com for any purpose other than as offered by us, including in any way that is violative of these Terms of Service, credit card association standards, or any applicable law, regulation, or treaty of any applicable governmental body, including:
- laws prohibiting sex trafficking and promotion or facilitation of prostitution;
- intellectual property right laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property right, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, deleting intellectual property right indications and notices, or otherwise manipulating identifiers in order to disguise the origin of your Content;
- laws against obscene, lewd, defamatory, or libelous speech; and
- laws protecting confidentiality, privacy rights, publicity rights, or data protection.
- fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.
- access or use MyPrivateChat.com if you are, or are required to be, a registered sex offender in any jurisdiction.
- link to MyPrivateChat.com on any third-party website in any way that is illegal, unfair, or damages or takes advantage of our reputation, including any link which establishes or suggests a form of association, approval, or endorsement by us where none exists.
- post, upload, or share Content that is harmful, inaccurate, threatening, abusive, vulgar, violent, indecent, harassing, hateful, menacing, scandalous, inflammatory, blasphemous, racially or ethnically offensive, likely to cause annoyance, intimidation, alarm, embarrassment, distress, discomfort, or inconvenience, otherwise objectionable or inappropriate.
- post, upload, or share Content that depicts, advertises, promotes, encourages, facilitates, or solicits (real, simulated, or implied) (i) scenarios involving lack of consent, including rape, sexual assault, kidnapping, torture, hypnosis, intoxication, violence, sadomasochistic abuse, hardcore bondage, weapons, or asphyxiation; (ii) sexual activity involving minors; (iii) age-play or adult baby/diaper lover themes, (iv) incest; (v) bestiality, including monstrous humanoids or animal-themed sex toys; (vi) necrophilia; (vii) bodily fluids including scat, urine, lactation, vomit, and blood, but excluding semen, female ejaculation, and saliva; (viii) illegal prostitution or human trafficking; (ix) “revenge porn” defined as any Content containing any individual who has not consented to being depicted in the Content, or to the Content being distributed on MyPrivateChat.com; (x) unsolicited sexual Content sent directly to another user or Content otherwise sexual objectification of another user in a nonconsensual manner; (xi) illegal or illicit drugs; (xii) suicide, self-harm, or extreme pain, whether inflicted by yourself or a third party, including oversized toys, genital mutilation, or extreme fisting; (xiii) any other illegal behavior or behavior that may be considered obscene under applicable law.
- post, upload, or share Content depicting any third party.
- post, upload, or share Content depicting any person under eighteen (18) years old.
- promote or advertise any Content as depicting any person under eighteen (18) years old, regardless of the actual age of the person(s) depicted.
- post, upload, or share Content depicting any person without inspecting and maintaining written documentation sufficient to confirm that all individuals depicted in your Content are at least eighteen (18) years of age or older, and consent to being depicted in your Content, and consent to your Content being distributed on MyPrivateChat.com.
- post, upload, or share Content with the intent to extort money or other benefit from a third party in exchange for removal of the Content.
- post, upload, or share any employment ads or Content which violates anti-discrimination laws.
- post, upload, share, or collect the telephone numbers, street addresses, last names, email addresses, URLs, geographic location, or any other personal information about users or third parties without their consent, or, except as expressly authorized in these Terms of Service.
- stream any Content where you are not readily identifiable within the Content, such as where your face is hidden or obstructed for the entirety of the performance.
- stream Content from any public place where members of the public are reasonably likely to see your Content.
- use slang, acronyms, abbreviations, emojis, GIFs, or other media to communicate any activity that violates these Terms of Service.
- engage in antisocial, disruptive, or destructive behavior, including “doxing,” “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet, or engage in any other behavior that serves no purpose other than to harass, annoy, or offend users.
- access the accounts of other users.
- engage in any fraudulent activity, including impersonating any real or fictitious third party, falsely claiming affiliation with any third party, misrepresenting the source, identity, or contents of the Content.
- engage in platform manipulation, including utilizing bots or other fraudulent means to artificially drive traffic to or inauthentically generate engagements with your account, the Content, or links to third party websites.
- circumvent, disable, damage, or otherwise interfere with the operations of MyPrivateChat.com, any user’s enjoyment of MyPrivateChat.com, or our security-related features or features that prevent, limit, restrict, or otherwise enforce limitations on the access to, use of, or copying of MyPrivateChat.com, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.
- reverse engineer, decompile, disassemble, or otherwise discover the source code of MyPrivateChat.com or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation.
- access or use any automated process (such as a robot, spider, scraper, or similar) to access or use MyPrivateChat.com in violation of our robot exclusion headers or to scrape all or a substantial part of MyPrivateChat.com (other than in connection with bona fide search engine indexing or as we may otherwise expressly permit).
- modify, adapt, translate, or create derivative works based on MyPrivateChat.com, except and only if applicable law expressly permits that activity despite this limitation.
- commercially exploit or make available, mirror, or frame MyPrivateChat.com.
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
- attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.
Engaging in any Prohibited Use will be considered a breach of these Terms of Service and may result in immediate suspension or termination of the user’s account and access to MyPrivateChat.com or the platform without notice, in our sole discretion. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or otherwise violate these Terms of Service or any international, foreign, or domestic laws, including civil, criminal, or injunctive relief, forfeiture of Account Balance, and termination of your account.
2. Additional Prohibited Uses for Users who Distribute Content for a Fee
If you distribute Content for a fee, you will not, without our express prior written authorization:
- misrepresent whether any recorded or live Content does or will contain nudity or sexual activity.
- defraud us or our users (e.g., working together with a member or “hacker” to accept payment with stolen credit cards).
- fraudulently pass off recorded Content as a live stream.
- fail to honor any lawful representation made to other users in furtherance of distributing paid Content.
- allow a third party to use your keyboard during any live stream or otherwise allow a third party to control your account.
- record Content from any public place where members of the public are reasonably likely to see your Content.
- release the personal information of any other user or third party without that person’s consent.
- harass, disparage, defame, or otherwise interfere with the business or personal lives of other users, whether on MyPrivateChat.com, on third-party websites, or offline.
- solicit or accept payments for travel or in-person meetings.
- attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.
If you are a user who distributes Content for a fee and you violate these additional Prohibited Uses or any other provision of these Terms of Service, we may delete your account without payment or permanently ban you from MyPrivateChat.com.
4. WE HAVE A ZERO TOLERANCE POLICY FOR PROSTITUTION AND SEX TRAFFICKING
The solicitation, promotion, and facilitation of prostitution and sex trafficking are strictly prohibited. If you engage in such activity, whether on MyPrivateChat.com or by posting links to external websites that solicit, promote, or facilitate prostitution or sex trafficking, we may delete your account without refund and take other appropriate action.
5. WE HAVE A ZERO TOLERANCE POLICY FOR CHILD EXPLOITATION
You understand that all depictions on MyPrivateChat.com are of persons over the age of eighteen (18) on the date of production. We take great measures to ensure that no minors appear in any user-generated content. If you seek any form of child sexual abuse material, whether real or virtual, (“CSAM”) you must exit MyPrivateChat.com immediately. We do not provide or promote CSAM, and we do not tolerate those who seek to access or share CSAM. In order to further our zero-tolerance policy, you agree to report any suspected CSAM as described below.
1. Reporting User-Generated Content and User Activities
If you are aware of any user-generated content on MyPrivateChat.com or any user engaging in activities that violate these Terms of Service, please access our [Report Abuse] form and provide as much detail as possible, including a description of the objectionable user-generated content or the location where it may be found, the username of the individual engaging in suspicious activities, the date and time of identification, the reason we should remove the objectionable user-generated content or investigate the activities, and a statement certifying the accuracy of the information you provided to us. If you are a user who distributes Content for a fee, you must report all violative user-generated content and suspicious activity to us. We may consider you complicit in any fraud to which you were knowledgeable of suspicious activity but failed to report it.
2. Law Enforcement
We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of these Terms of Service, in accordance with our privacy policies, law enforcement policies, and applicable law or regulation. If we receive a subpoena, discovery request, production order, search warrant, or court order in response to your activities which causes us to incur legal expenses, costs, or fees for compliance, you agree to reimburse us for any such legal expenses, costs, and fees upon our request.
3. Billing and Payments
1. Purchases
If you provide valid and current payment information, you may add an Account Balance which may be used to purchase and subscribe to user-generated content, tip other users, and engage in live video chats with other users. Certain users offer you the opportunity to purchase, subscribe to, and access different live and recorded user-generated content for differing prices that are displayed on MyPrivateChat.com at the time of purchase. You may only purchase user-generated content for the currently displayed price. We reserve the right to charge additional fees for access to or use of MyPrivateChat.com or any of our other features, and to change our fee structure at our discretion. All previous offers or discounts are unavailable once removed from MyPrivateChat.com.
We bill for subscriptions on an automatic recurring basis. If you fail to renew your subscription and continue to access certain features on MyPrivateChat.com, we may charge you for those features on an a-la-carte basis at market rates. The price for such subscriptions and the paid features related to such subscriptions is prominently displayed on MyPrivateChat.com and may be changed by us from time to time. We reserve the right to change the price and features associated with such subscriptions at any time, without notice to you, by changing the information prominently displayed on MyPrivateChat.com.
You agree to pay all fees or account charges related to any fees, taxes, charges, purchases, subscriptions, tips, or upgraded features associated with your account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You acknowledge that the charge on your banking statement may display our company name, one of our brand names, or our third-party billing agent’s name. You understand and agree that you are responsible for all fees or penalties that are associated with your account. Your account will be deemed past due if it is not paid in full by the payment due date. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay all amounts due immediately upon cancellation or termination of your account.
2. Account Balances
You understand and agree that (i) your Account Balance may not be returned or paid to you if MyPrivateChat.com becomes insolvent, (ii) MyPrivateChat.com does not pay interest on Account Balances, (iii) Account Balances and transactions are only reported to you through MyPrivateChat.com, and we are under no obligation to issue any other report regarding your Account Balance or transactions, and (iv) Account Balances may be deleted from inactive accounts.
3. Payment and Commission Policy for MyPrivateChat Creators
You understand and agree that (i) your Account Balance may not be returned or paid to you if MyPrivateChat.com becomes insolvent, (ii) MyPrivateChat.com does not pay interest on Account Balances, (iii) Account Balances and transactions are only reported to you through MyPrivateChat.com, and we are under no obligation to issue any other report regarding your Account Balance or transactions, and (iv) Account Balances may be deleted from inactive accounts.
1. Commissions for Content
Creators earn 70% of all sales from their content after platform and processing fees.
Breakdown of Fees:
70% Net Earnings: The portion creators receive per transaction, minus any applicable affiliate commission (detailed below).
2. 20% Platform Fee: Retained by MyPrivateChat. This may include:
5% Agent Referral Commission: Paid to users (agents) who bring new users to the platform. This 5% commission is deducted from MyPrivateChat's 20% platform fee share.
3. Referral Program Details
1. Agent Referral Commission (5%):
Agents who successfully refer new users to the platform earn 5% of the referred user’s earnings. This is drawn from MyPrivateChat’s 20% platform fee, not the creator’s share.
2. Affiliate Transaction Commission (5%)
Affiliates who refer existing users to specific creators’ content earn 5% of the creator’s 70% share on the first transaction. This is equivalent to approximately 3.5% of the total sale and is deducted from the creator’s earnings, not the platform fee.
4. Payment Schedule and Policies
- Monthly Payouts: Payments are issued monthly if the account balance is $100 or more; otherwise, balances carry over.
- Payment Management: MyPrivateChat manages fraud prevention, chargebacks, and disputes. Some payments may experience delays due to policy or compliance reasons.
- Payment Holds: MyPrivateChat may hold payments if flagged as potentially fraudulent. Chargebacks or refunds can result in a negative balance, recoverable from future earnings. For inquiries about payment holds, contact info@myprivatechat.com.
5. Fees
There are two main types of fees associated with MyPrivateChat memberships:
Platform Fee: 20%, which may include up to 5% for agent referral commissions
Payment Processing Fees: Applied based on transaction type, including:
- Local Bank Transfer: $1 per transaction
- International ACH (eCheck): $5 per transaction
- Domestic Wire (USD): $15 per transaction
- Non-USD Wire: $20 per transaction
- International Wire (USD to USD): $26 per transaction
- Currency Conversion Fee: 2.5%
- Multi-FX Currency Conversion Fee: 2.5%
- US ACH Return Fee: $11 per rejected transaction
- eCheck Return Fee: $25 per rejected transaction
- Wire Return Fee: $25 per rejected transaction
It is your sole responsibility to designate which Content is available for free, which Content is available through your subscription(s), and which Content must be purchased on an individual basis, including setting the purchase price for each piece of Content or subscription. If you fail to designate a purchase price, you understand and agree that we may make that Content available to our users free of charge.
4. Earnings
If you are a user who distributes Content for a fee, [once/twice a week/month OR whenever you request payment], we will issue payment to you in your selected payment method for any monies earned during the preceding pay period, minus any processing fees based on your payment selection or otherwise associated with your account, provided you have met the minimum payment threshold. You are responsible for providing accurate bank account or payment method details identifying where earnings will be sent. You must own or control the account associated with your payment method, and you agree to provide us with such information as we may request to confirm your ownership or control. You cannot receive a payout until you have met the minimum payment threshold. In the event we receive notice of any lien or encumbrance against your account, we may suspend payouts until such lien or encumbrance is satisfied or discharged. We may set off any liability, damages, costs, or expenses that we incur arising from or relating to your breach of these Terms of Service against any money that we owe to you under these Terms of Service. We may also adjust or deduct the monies transferred to your account for any reason, at any time, without advance warning or notice, including retroactively. The most common reasons for transfer adjustments include customer refunds, fraud, conduct violations, third party liens, garnishments, and technical errors.
5. Taxes
You shall be responsible for payment of all taxes, and we will not be responsible for any federal income tax withholding, unemployment contribution, workers compensation, Medicare / Medicaid, or any employment-related benefits. If requested, you will provide us with a Social Security Number or Taxpayer Identification Number, so that an IRS form 1099 may be issued where required by law. Failure to provide such information to us may result in termination of these Terms of Service.
6. Third-Party Payment Processing
We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process all payments associated with MyPrivateChat.com. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.
7. Changes to Your Billing and Payment Information
You must promptly inform our third-party billing and payment agents of all changes, including changes in your address, debit or credit card, and other banking information used in connection with billing or payments through MyPrivateChat.com. You are responsible for any debit or credit card charge backs, dishonored checks, and any related fees that we incur with respect to your account, along with any additional fees or penalties imposed by our third-party billing or payment agents.
8. Chargebacks
If you make a purchase on MyPrivateChat.com that results in a chargeback, we may terminate your account. You agree to contact us to seek a resolution of any issue before initiating a chargeback. We reserve the right to withhold or reverse any funds or proceeds generated from interactions with user-generated content that results in a chargeback or other reversal of payment.
9. Changes to Our Billing and Payment Methods
We reserve the right to make changes at any time to our fees and billing and payment methods, including the addition of administrative or supplemental charges for any feature, with or without prior notice to you.
10. Refunds
You understand and agree that it is our standard policy that all purchases are final and nonrefundable. We reserve the right to address all refund requests at our sole discretion. In no instance will a refund be provided where the user initiates a chargeback. For refunds related to subscriptions:
- If you purchase a subscription, you may cancel the subscription at any time. If you cancel a subscription, you will not be issued a refund, and you will continue to have access to the features related to that subscription until the end of the current billing period.
- If you block another user, you will immediately lose access to that user’s Content, even if you have paid for a subscription related to that Content, and you will not be issued a refund.
- If you are blocked by a user to whom you have subscribed, you will immediately lose access to that user’s Content, and we reserve the right, in our sole and absolute discretion, to determine whether you will be issued any refund.
11. Billing and Payment Errors
If you believe that you have been erroneously billed for activity associated with your account, or if you believe that we have paid you an insufficient amount for any activity associated with your account, please notify our third-party billing or payment agents immediately of such error. If you do not do so within thirty (30) days after such billing or payment error first appears on any account statement, the fee or payment in question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill or payment being rendered to you. These terms shall supplement and be in addition to any terms required by third party billing or payment entities we engage to provide billing or payment services. You are responsible for review and compliance with such entity’s terms in addition to those contained in these Terms of Service.
12. Fraudulent Use of Credit Cards
We take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of your account.
13. Anti-Money Laundering
We prohibit and seek to prevent money laundering and the funding of criminal activities. We train our employees to monitor for suspicious transactions on MyPrivateChat.com and to review transactions that meet certain thresholds or criteria. We may provide any evidence of such activities by our users (and your personally identifiable information as detailed in our [Privacy Policy]) to financial regulators or law enforcement according to our Subpoena Policy or as otherwise deemed necessary by us.
We may prevent you from creating an account, suspend or terminate your account, refuse to process any transaction, or request additional information from you if (1) you provide fraudulent account or payment information, such as impersonating a third party, (2) one or more of your transactions is flagged, or (3) you are on OFAC’s list of Specially Designated Nationals and Blocked Persons or a similar sanctions or terrorism watch lists. If you refuse or fail to provide any requested information in a timely manner, we will terminate your account.
4. Referral Program
1. Participation and Termination
By participating in the Program, you accept and agree to comply with this section. You will not market, advertise, or promote MyPrivateChat.com nor any portion of or feature thereon without first actually using MyPrivateChat.com or such portion or feature. We may terminate your participation in the Program for any reason or no reason, in our sole and absolute discretion. If you violate any provision of this section, you will forfeit all right to any unpaid and future referral commissions.
2. Commission for Referrals
We may allow you to participate in a referral program (“Program”) to provide marketing services in exchange for a five percent (5%) commission on all sales associated with the account of each new user that creates an account on MyPrivateChat.com (“Referral(s)”) using your personalized referral link (“Link”). We may alter this rate from time to time at our discretion without notice and without penalty to us. Any changes to this commission rate will only be applied to Referrals sent to us after the publication of the change. You agree that you will periodically check the Referral Program page, and your continued participation in the Program manifests your assent to any changes in the rates. This commission will be added to your Account Balance.
If you have provided valid and current banking information, you may withdraw this commission from your Account Balance as described above. In either instance, we may deduct from your commissions an amount equal to any commission resulting in a refund or chargeback related to a subscription purchased through your Link or any commission resulting from fraud, other illegal activity, technical error, or as required by law. No commissions will be paid on transactions that are in violation of this section or any other provision of these Terms of Service. We may temporarily withhold any commissions if we reasonably believe a violation of these Terms of Service has occurred until such time as an investigation can be conducted and a determination can be made. You shall forfeit all commissions on MyPrivateChat.com if, due to inaccurate, incomplete, or outdated account information provided by you, we are unable to issue a disbursement to you within six (6) months of the sale related to those earnings.
3. Channels and Channel Information
You may market, advertise, and promote MyPrivateChat.com by sharing the Link on your website, web page, blog, forum, third-party social media accounts, and any other media outlet or online account owned or operated by you that is ordinarily used to advertise online services (“Channels”), except that you will not market, advertise, or promote MyPrivateChat.com on any Channel where linking to or marketing, advertising, or promoting MyPrivateChat.com is prohibited. You shall be solely responsible for all content, materials, and other information on the Channels (“Channel Information”). You represent and warrant that you own or operate the Channels, that the Channel Information is truthful and not misleading, and that the Channel Information does not infringe upon or violate any applicable law, rule, or regulation, including intellectual property and publicity rights. We shall have no obligations with respect to the Channel Information, including but not limited to, any duty to review or monitor any such Channel Information. However, we reserve the right to (i) monitor the Channels and the Channel Information, (ii) request free access to any non-public or pay-walled Channel or portion thereof, (iii) prohibit the marketing of MyPrivateChat.com on any specific Channel or any portion thereof, and (iv) require the removal of any Channel Information or any portion thereof. You agree to comply with such requests within twenty-four (24) hours of receipt. You agree to indemnify us for any claims, charges, debts, allegations, or lawsuits arising out of any Channel Information or other information appearing on the Channels.
4. Grant of Rights
We grant you a limited, revocable, non-exclusive right to use our trademarks and service marks (“Marks”) and the Link on the Channels for the purposes of your participation in this Program. You agree that the Marks are and shall remain our property, and that nothing in these Terms of Service conveys to you any right of ownership in the Marks. You will not now nor in the future contest the validity of the Marks. You will not take any action that would impair or diminish the value of, or the goodwill associated with, the Marks, including using the Marks in a manner that disparages or portrays us or our products or services in a false, competitively adverse, or poor light. Your use of the Marks shall inure to our benefit. You will not register any domain name or account on any third-party website that contains or is confusingly similar to any Mark belonging to us, and you agree that, if you do, you will immediately disable the offending domain name or account on any third-party website upon our demand and at your expense, or that, if you fail to immediately do so, you will reimburse us for all fees incurred in order to enforce these obligations, including attorneys’ fees and costs associated with filing a domain dispute complaint.
5. Code of Conduct for Program Participants
- We reserve the right to terminate your participation in the Program at any time and for any reason or no reason, in our sole and absolute discretion. Reasons for refusal or acceptance or termination of participation may include violation of this Code of Conduct for Program Participants, or the other provisions of this Section.
- You must fully comply with state or federal consumer protection statutes, regulations, rules, policies, or advisory opinions. You will notify us of any inquiries or concerns made, accusing you of or investigating you for any activities related to the Referrals that are questionable, illegal, or otherwise violate these Terms of Service.
- You will not:
- Use deceptive, unlawful, or unfair promotional tactics or devices, such as manipulating search engine results, or otherwise engaging in activity that is false, misleading, infringing, manipulative, or deceptive in order to drive traffic through the Link.
- Use any meta-tags, key words, pay-per-click advertising campaigns, or other marketing tactics that would imply or suggest that underage or other illegal content may be found on MyPrivateChat.com or the Channel, or otherwise market MyPrivateChat.com or the Channel to pedophiles or those seeking illegal content.
- Transmit or distribute the Link to any minors or any unwilling adults.
- Solicit or permit a minor to become a user of MyPrivateChat.com.
- Use any form of unlawful email promotion to promote the Link.
- Violate the policies of any third-party website while sharing the Link.
- Engage in any activities that, in our sole discretion, are harmful to our image, goodwill, or reputation.
- Attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.
6. FTC Guidelines
At all times, you will comply with all FTC guidelines related to affiliate and/or “influencer” marketing, including:
- The Channel Information must be truthful and shall not be misleading.
- You must actually use MyPrivateChat.com before participating in the Program.
You must post a clear and conspicuous disclosure on all Channel Information which includes the Link or otherwise promotes or advertises MyPrivateChat.com. This disclosure must be:
- close to the claims to which it relates,
- if text, in an easy-to-read font and color that stands out from the background,
- if video, on screen long enough to be noticed, read, and understood,
- if audio, read at an easily understandable cadence,
- if commissions are earned, a statement that “I get commissions for purchases made through links in this post” or something similar,
- if above average results were obtained from use of MyPrivateChat.com, a statement that “I made $X a month, even though the average user only earns $X per month” or something similar, and
- if you have a connection to MyPrivateChat.com that your followers would not expect, such as an employment or familial relationship, a statement that “I work for MyPrivateChat.com” or something similar.
7. Access to the Channels
During your participation in the Program, you agree to provide us with the means necessary to monitor the source of traffic you send to MyPrivateChat.com, although we undertake no obligation to do so. To that end, and solely for that purpose, if the Channels have any method of access restrictions in place, you agree to send us valid access credentials to any password-protected area of the Channels within twenty-four (24) hours of receiving a request for such access by us. You agree that we shall not be charged or incur any expense from you for such access.
5. Dispute Resolution and Damages
1. Governing Law and Venue
These Terms of Service and all matters arising out of, or otherwise relating to, these Terms of Service or using MyPrivateChat.com, shall be governed by the laws of the United States and the state of Florida, excluding any conflict of law principles. Any and all disputes, other than claims subject to arbitration as set forth below, must be resolved in the state or federal courts located in Orange County, Florida, and the parties agree to exclusive jurisdiction and venue therein. The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, these Terms of Service in any other jurisdiction. All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under these Terms of Service whatsoever. You agree to accept service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to your last known address for any legal action arising from these Terms of Service. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject matter and may be enforced in any manner provided by law if such enforcement becomes necessary.
2. Arbitration
All disputes with us arising out of or otherwise relating to any commissions earned under this Agreement (“Arbitral Claims”) must be submitted to arbitration. Before filing any request for arbitration, you shall confer with us and negotiate in good faith to attempt to resolve the dispute. If you are unable to resolve the dispute with us through direct negotiations, then either party must submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. The submitting party is responsible for payment of all filing fees, or reimbursement of such fees to the respondent. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state, or local law, statute, or regulation, excepting only claims by us for intellectual property infringement, actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be confidential. The arbitration shall be conducted in Orange County, Florida and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall be willing to execute an oath of neutrality. The Arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of this Agreement; and shall be bound by governing and applicable law. Any arbitration tribunal shall consider the First Amendment to the United States Constitution to be in force and effect between the parties. Both parties stipulate to the applicability of the First Amendment’s protection of free speech, expression, and association, and both parties stipulate that case law interpreting the First Amendment shall be admissible and considered to be binding authority upon the Arbitrator. There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving party to the other party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.
3. Waivers
You hereby waive any right or ability to initiate any class action or collective proceeding along with any right to trial by jury.
4. Rights to Injunctive Relief
You acknowledge that remedies at law may be inadequate to provide us with full compensation in the event you breach these Terms of Service, and that we shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
5. Additional Fees
If we are required to enlist the assistance of an attorney, investigator, collections agent, or other person to (i) collect any damages or any other amount of money from you, (ii) pursue any claim against you involving your use of MyPrivateChat.com or any breach of these Terms, or (iii) defend any claim brought by you involving your use of MyPrivateChat.com or any alleged breach of these Terms, then you additionally agree that you will reimburse us for all fees, costs, and expenses incurred if we prevail. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the damages themselves. You agree that you will pay these fees and costs.
6. Disclaimers
1. We Disclaim All Warranties
We provide access to and use of MyPrivateChat.com “as is” and “with all faults.” We make no warranty that MyPrivateChat.com will meet your needs or requirements. We disclaim all warranties — express, statutory, or implied — including warranties of merchantability, fitness for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to or use of MyPrivateChat.com will be uninterrupted, timely, secure, error-free, or that loss of Content will not occur, to the greatest extent provided by applicable law. We may change any of the information found on MyPrivateChat.com at any time or remove any or all Materials or other user-generated content thereon. We make no commitment to update the Materials. We make no warranty regarding any goods or services purchased or obtained through MyPrivateChat.com or any transaction entered into through MyPrivateChat.com. There are no warranties of any kind that extend beyond the face of these Terms of Service or that arise because of course of performance, course of dealing, or usage of trade.
2. Use at Your Own Risk
You expressly agree that access to and use of MyPrivateChat.com is at your own and sole risk. You understand that we cannot and do not guarantee or warrant that MyPrivateChat.com will be free of viruses, malware, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your access to or use of the Internet, generally, or MyPrivateChat.com, specifically. You understand and agree that any Materials or user-generated content downloaded or otherwise obtained through MyPrivateChat.com is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your activity.
3. Offensive and Adult Content Warning
MyPrivateChat.com contains material that may be considered offensive. You agree to indemnify and hold us harmless from any liability that may arise from someone viewing MyPrivateChat.com if they may deem it offensive, and you agree to cease accessing and using MyPrivateChat.com should you find it offensive. Specifically, you represent and warrant that you are aware that MyPrivateChat.com is an inclusive platform which permits the posting of adult content by our users, and that you are not offended by adult content, including graphic audiovisual depictions of nudity and sexual activity. You further represent and warrant that you are familiar with and comply with your jurisdiction’s laws and community standards, including those affecting your right to access, receive, and transmit adult content, and those relating to distributing adult content to minors. Finally, you represent and warrant that you are aware that your Content may be viewed by individuals across the world that may recognize your true identity, regardless of any privacy or geofencing features that may be offered by us.
4. Parental Controls Notice
You acknowledge your responsibility to prevent minors under your care from accessing harmful, inappropriate, or adult content. You agree not to allow minors to view MyPrivateChat.com, and you agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors’ access to harmful, inappropriate, or adult content. You are hereby informed that you can research such services by typing the words “parental controls” or similar terms, into an Internet search engine. We recommend that you conduct appropriate due diligence before purchasing or installing any online filter. You agree to take steps to prevent minors from viewing MyPrivateChat.com if your computer or mobile device can be accessed by a minor. Finally, you agree that if you are a parent or guardian of a minor child, it is your responsibility, not ours, to keep MyPrivateChat.com from being displayed or accessed by your children or wards.
7. Registered Sex Offenders and Safety Tips
By accessing MyPrivateChat.com, you represent and warrant that you have not been convicted of a felony or any criminal sexual offense, and you are not required to register as a sex offender with any government entity. While we prohibit access to and use of MyPrivateChat.com by registered sex offenders, we do not conduct routine criminal background checks on users. You are solely responsible for your interactions with other users. We do not undertake any obligation to monitor user activity, screen or interview users, investigate the background of users, or attempt to verify the accuracy of statements made by third parties regarding any user’s background. We expressly disclaim any warranty about the conduct of users or those acting on their behalf. Remember, online profiles can be falsified. We recommend that you use common sense and take reasonable precautions in all communications, or interactions with other users. Consider the following online safety tips:
- Anyone who can commit identity theft can also falsify an online profile.
- There is no substitute for acting with caution when communicating with any stranger who wants to interact with you.
- Never include your last name, email address, home address, phone number, place of work, or any other identifying information in initial communications with other users. Stop communications with anyone who pressures you for personal or financial information or tries in any way to trick you into revealing it.
- If you choose to have a face-to-face meeting with another user who you met on MyPrivateChat.com, tell a family member or friend where you will be meeting and when you will return. You should not agree to be picked up at your home. Always provide your own transportation and meet in a public place with many people around.
8. Fraud and Scam Warning
While we take efforts to prevent our services from being used for any fraudulent purposes, we specifically and emphatically warn members never to send money to anyone that they interact with on MyPrivateChat.com other than through authorized means. We have no way of determining the validity of any communication that you may receive from other users, and we cannot discern the validity of the person or intentions behind such communication. It is a violation of our policy for you to solicit money from or to send money to any other user other than through authorized means. You expressly understand and agree that if any other user that you are in communication with on MyPrivateChat.com requests money from you for travel, medical assistance, subsistence or for any other reason, it is likely a scam or a fraudulent scheme, and you are at a very high risk of being defrauded. You agree to report such requests along with the username of the requesting user to us immediately. While we are not obligated to investigate any such reports, we may do so at our sole discretion.
9. No Endorsement of User-Generated Content
You understand that much of MyPrivateChat.com is populated with user-generated content, and that we do not endorse (expressly or implicitly) the opinions expressed in any user-generated content. You further understand that you may be exposed to user-generated content from a variety of sources. As a result, you may be exposed to user-generated content that is inaccurate, offensive, indecent, or objectionable to some, and you waive any rights or remedies you have or may have against us for this exposure. Please note that we reserve the right to demote or terminate any user and to demote, remove, or refuse to publish your Content, at any time, for any reason, with or without prior notice.
10. Privacy / Security Warning
No website or server is immune from hacking or other breaches of security protocols, which can result in the wrongful public release of your information and data. Your Content may be illegally recorded by users or third parties, and your Content may be posted online or otherwise distributed without your permission. Such actions may cause humiliation, mental / emotional distress, identity theft, and other significant damages. You therefore acknowledge and agree we shall not be liable for any recording or release of private information, personal data, or your Content, and you hereby release us from all liability and claims associated therewith.
11. Third-Party Links
MyPrivateChat.com may contain links to websites or resources owned and operated by our users or third parties. You understand and agree that we have no control over, are not responsible for, and do not screen nor warrant, endorse, guarantee, or assume responsibility for the goods or services provided by our users or on third-party links. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. You agree to hold us harmless from all damages and liability that may result from use of third-party links that appear on MyPrivateChat.com and any advertising, services, goods, products, or other materials available on third-party links. We are not responsible for any use of confidential or private information by sellers or third parties. You agree that your use of any third-party link or the goods or services provided thereon is governed by the policies of those third parties, not by these Terms of Service or our other policies. We reserve the right to demote or remove any link at any time.
12. Violations of Law
Access to and use of MyPrivateChat.com in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any services in violation of any law, your ability to access and use MyPrivateChat.com will be terminated immediately. We do hereby disclaim any liability for damages that may arise from you or any user providing any services that violates any law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party.
13. Indemnification
You agree to defend, indemnify, and hold harmless us and our officers, directors, shareholders, employees, independent contractors, telecommunication providers, attorneys, and agents, from and against all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, or consequentially resulting or allegedly resulting from your actions, or the actions of another person under your authority, including without limitation to governmental agencies, use, misuse, or inability to use MyPrivateChat.com, or any breach of these Terms of Service by you or another person under your authority. We shall promptly notify you by electronic mail of any such claim or suit, and we may cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or suit at our own expense, and choose our own legal counsel; however, we are not obligated to do so.
14. Limitation of Liability
You acknowledge that we will not be liable to you for user-generated content or the offensive or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of user-generated content or the conduct of any person. You discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of MyPrivateChat.com including claims relating to the following:
- Negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, misrepresentation, infectious disease, nonconsensual recording or dissemination of intimate depictions, deepfakes, violation of prostitution or sex trafficking laws, any financial loss not due to our fault, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of MyPrivateChat.com, unavailability of MyPrivateChat.com, its functions and any other technical failure that may result in inaccessibility of MyPrivateChat.com, or any claim based on vicarious liability for torts committed by individuals met on or through MyPrivateChat.com, including fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder.
- The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in our favor, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.
We expressly disclaim any liability or responsibility to you for any of the following:
- Any loss or damage of any kind incurred because of the Materials or user-generated content, including errors, mistakes, or inaccuracies thereof or any Materials or user-generated content that are infringing, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal.
- Personal injury or property damage of any nature resulting from your access to and use of MyPrivateChat.com.
- Any third party’s unauthorized access to or alterations of your account, transmissions, data, or Content.
- Any interruption or cessation of transmission to or from MyPrivateChat.com and any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions through MyPrivateChat.com.
- Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through MyPrivateChat.com by any third party.
- Any incompatibility between MyPrivateChat.com and your other services, hardware, or software.
- Any claims arising from identification of you based on your Content, regardless of whether you utilize any of our tools to mark certain Content private or block, restrict, or otherwise limit access to your Content in certain geographic locations.
15. Intellectual Property
1. Trademarks
MyPrivateChat.com is our brand name and trademark. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners or holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks that you find on MyPrivateChat.com may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us.
2. Copyright
The Materials are our proprietary information and valuable intellectual property. We retain all rights, title, and interest in the Materials. You retail all rights, title, and interest in the Content, subject to the licenses herein. MyPrivateChat.com, the Materials, the Content, and any other user-generated content are protected by copyright law. The Materials and any user-generated content may not be copied, downloaded, distributed, republished, modified, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials or user-generated content. Modification or use of the Materials or user-generated content except as expressly provided in these Terms of Service violates our intellectual property rights.
3. Notification of Copyright Infringement
We respect the intellectual property rights of all parties and comply with the Digital Millennium Copyright Act (“DMCA”). We do not permit copyright infringing activities or infringement of other intellectual property rights on MyPrivateChat.com, and we will remove all user-generated content if properly notified that the user-generated content infringes on a third party’s copyrights. We have adopted a policy regarding termination of repeat copyright infringers in compliance with the DMCA, and we reserve the right to terminate a user’s access to MyPrivateChat.com, in accordance with our DMCA Policy or Repeat Infringer Policy. Copies of our Repeat Infringer Policy are available to users upon request. Information regarding submission of a notice of infringement under our [DMCA Policy].
16. General
1. Entire Agreement
These Terms of Service and any other legal notice or agreement published by us on MyPrivateChat.com, form the entire agreement between you and us concerning your use of MyPrivateChat.com. It supersedes all prior terms, understandings, or agreements between you and us regarding use of MyPrivateChat.com. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in any proceedings based on or relating to these Terms of Service. Such version of these Terms of Service shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
2. Policies of Our Service Provider
You understand and agree that we may use certain third-party service providers to provide you with access to and use of MyPrivateChat.com. You understand and agree that you must agree to and abide by any user terms, privacy policy, or other policy that such third party requires you to agree to in order to use their services. In the event of a conflict between those policies and our policies, the terms of our policies shall govern.
3. Assignment and Delegation
We may assign any rights or delegate any performance under these Terms of Service without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.
4. Severability
If any provision of these Terms of Service is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.
5. Cumulative Remedies
All rights and remedies provided in these Terms of Service are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
6. Successors and Assigns
These Terms of Service inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these Terms of Service.
7. Force Majeure
We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.
8. Notices
Any notice required to be given by us under these Terms of Service may be provided by email to a functioning email address of the party to be noticed, by a general posting on MyPrivateChat.com, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us at info@myprivatechat.com unless otherwise specified in these Terms of Service. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of these Terms of Service. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, or recipient for any notice hereunder. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service.
9. Communications are Not Private
We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to us shall be deemed to be readily accessible to the general public. Notice is hereby given that all messages entered into MyPrivateChat.com may be read by us and our moderators and other agents, regardless of whether we are intended recipients of such messages.
10. Authorization and Permission to Send Emails to You
You authorize us to email you notices, advertisements, and other communications. You understand and agree that such communications may contain adult content and language which is not suitable for minors. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.
11. Consideration
We allow you to access and use MyPrivateChat.com, as limited by purchase of certain paid features, in consideration for your acquiescence to all the provisions in these Terms of Service. You agree that such consideration is both adequate and received upon your viewing or downloading any portion of MyPrivateChat.com.
12. Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement you transmit through MyPrivateChat.com. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
13. English Language
We have written these Terms of Service and our associated website policies in the English language. You are representing your understanding and assent to the English language version of these Terms of Service as they are published. We are not liable to you or any third party for any costs or expenses incurred in translating these Terms of Service. In the event that you choose to translate these Terms of Service, you do so at your own risk, as only the English language version is binding.
14. Export Control
You understand and acknowledge that the software elements of MyPrivateChat.com may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such elements contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the elements are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
15. No Agency Relationship
Nothing in these Terms of Service shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
16. Usages
In these Terms of Service, unless otherwise stated or the context otherwise requires, the following usages will apply:
- References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
- In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”
- References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
- “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
- “Including” means “including, but not limited to.”
17. No Waiver
No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these Terms of Service. If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision and such invalid term, clause, or provision shall be deemed to be severed from these Terms of Service.
18. Headings
All headings are solely for the convenience of reference and shall not affect the meaning, construction, or effect of these Terms of Service.
19. Other Jurisdictions/Foreign Law
We make no representation that MyPrivateChat.com is appropriate or available for use in all locations. You may not access or use MyPrivateChat.com from territories where its contents may be illegal or is otherwise prohibited. Those who choose to access and use MyPrivateChat.com from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Terms of Service shall be interpreted as an admission that we are subject to the laws of any nation besides the United States.
20. Service Not Available in Some Areas
You are subject to the laws of the state, province, city, country, or other legal entity in which you reside or from which you access and use MyPrivateChat.com. MyPrivateChat.com IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account or use MyPrivateChat.com while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms of Service, and subject to having your account suspended or terminated without any notice to you. You hereby agree that we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any service offered on MyPrivateChat.com, nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties. We reserve the right to restrict access to and use of MyPrivateChat.com in any jurisdiction.