Chatrandom Terms of Use

Chatrandom is a service of Bridgestone International Group, Inc. (hereinafter referred to as “us” or “we”). Chatrandom provides interactive chat and camera streaming services through our website and mobile applications (together "the Services") subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”). In addition, when using particular services or materials on this Service, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY DOWNLOADING THE APPLICATION AND/OR USING THE APPLICATION, OR MAKING USE OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE DISCONTINUE ALL USE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THE CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SERVICE, IS TO STOP USING THE SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE SERVICES.

We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Service and services and these Terms of Use periodically and to be aware of any modifications. Your continued use of this Service after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Service and/or its contents.

Chatrandom Services

Chatrandom provides interactive chat and camera streaming services to Users via its proprietary interactive web and mobile app platform accessible to Chatrandom Users who have agreed to its then current Terms of Use and Privacy Policy via supported devices (the “Chatrandom Platform”).

Supported Devices

For purposes of this Agreement, “Supported Devices” means at the applicable time of use, the then current Internet browsers, mobile phones and wireless communication devices now known or hereafter created using any telecommunication method or protocol now known or hereafter created that are and then compatible with the Chatrandom Platform.

Acceptance of this Agreement as Binding Contract

To the extent that Users may download a Chatrandom app, create a user account, or otherwise access the Chatrandom Platform, the User agrees and understands that such use shall capture unique identifiers and permissions via their supported devices. To the extent User is offered an opportunity during the process of downloading, registering, or otherwise accessing this platform, to denote their acceptance (" I accept and agree to be bound by these Terms of Service and incorporated policies in my use of the Chatrandom Platform.")

Chatrandom Channels

Based on its proprietary technology, software and know how (the “Chatrandom Technology”), Chatrandom has the ability to customize, operate, maintain and provide access to virtual Channels through the Chatrandom Platform (the “Chatrandom Channel Services”) to Users of the Platform provide they observe the Acceptable Use policies, Rules set forth by third party providers, and all applicable laws.

Chatrandom Moderation

Users agree and understand that Chatrandom Technology shall be use for the purposes of moderation, and provision of the Chatrandom platform in a manner that furthers community standards and the Acceptable Use Policy. Using this Chatrandom technology may be used to remove Users from certain channels, or suspend their ability to access the Chatrandom Platform if a violation of this Agreement or Acceptable User Policy has occurred, or is likely to occur, such actions are taken at Chatrandom's sole discretion in the interest of providing improved user experience.

Chatrandom Content

Users shall remain the owners of the Content they create or perform. Certain features and functionalities of the Platform shall remain the intellectual property of Chatrandom, including without limitation, proprietary text, copy, multimedia, graphics, software, data or other information as set forth on the Chatrandom Platform and as otherwise provided by Chatrandom (collectively, the “Chatrandom Content”).

License Grant

Users shall grant to Chatrandom an exclusive, unlimited worldwide license to use, transmit, and perform the Content, which they create or transmit via the Platform for purpose of delivering the Services, which comprise the Chatrandom Platform. Such use may include the use of certain Content, including but not limited to, video, images, audio recordings or User likenesses in marketing and advertising materials, to the extent that such use has been permitted and authorized.

Acceptable Use

Your use of the Service is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the Service. By contributing information in or otherwise using any communications service, or other interactive service that may be available to you on or through this Service, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

We neither endorse nor assume any liability for the contents of any Content by third party users of the Service. We cannot endeavor to pre-screen, or edit the content posted by users of our services, however Chatrandom and our moderators have the right at their sole discretion to suspend or remove any content that, we have determined in our sole judgment, does not comply with these Terms of Use and any other rules of user conduct for our Service or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Service infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Service may be available to you or other authorized users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites or services, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Intellectual Property Information

For purposes of these Terms of Use, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Service. This includes, but is in no way limited to, message boards, chat, and other original content.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Chatrandom and/or its Affiliates. You are only permitted to use the content as expressly authorized by us, or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Service in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Service. Any unauthorized use of the materials appearing on this Service may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we, or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Service will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Service infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Chatrandom or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Chatrandom or its Affiliates.

User’s Content

Subject to our Privacy Policy, any communication or material that you transmit to this Service or to us, whether by electronic mail or other means, for any reason, will be treated as nonconfidential and nonproprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a nonexclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Service believes its copyright, trademark or other property rights have been infringed by a posting on this Service, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law;
  6. 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 an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about who repeat claims of copyright infringement are received will be terminated.

 

Designated Agent for Claimed Infringement:

[email protected]

 

Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Service without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SERVICE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SERVICE AT ANY TIME WITHOUT NOTICE. THE MATERIALS AT THIS SERVICE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Content available through this Service often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with Chatrandom, We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Chatrandom spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this Service for further information, which policies are incorporated by reference into these Terms of Use.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of this Service shall be limited to the amount you paid us for the services on the Service during the two month period before the act giving rise to the liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SERVICE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SERVICE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Agreement to Arbitrate

Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered under the UNCITRAL Arbitration Rules using the JAMS Streamlined Arbitration Procedures, or, by mutual agreement, the BVI International Arbitration Centre (BVIIAC), as modified by the IAC Procedures for the Administration of Arbitration. This contract shall be interpreted under BVI law, and the United Nations Convention on the International Sales of Goods, which will apply to all matters relating to the use of this Service.

Prohibition of Class and Representative Actions and Nonindividualized Relief

YOU AND Chatrandom AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND Chatrandom AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Arbitration Procedures

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.

A party who intends to seek arbitration must first send to the other, by certified mail, a written notice describing the nature of the dispute in reasonable detail (“Notice”). The Notice to Chatrandom should be sent to the Bridgestone International Group, Inc. address provided below. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

If you and Chatrandom are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Chatrandom may initiate arbitration proceedings with JAMS. A form for initiating arbitration proceedings is available on the JAMS website at https://www.jamsadr.com/jamsconnect/. In addition to filing this form with JAMS in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Chatrandom c/o Bridgestone International Group, Inc. at the following address: Wickhams Cay 1 Road Town, Tortola, British Virgin Islands.

Arbitration shall be conducted online using the JAMS Streamlined Arbitration Procedures. By mutual agreement, the parties to the arbitration may elect to use BVI International Arbitration Centre (BVIIAC), as modified by the IAC Procedures for the Administration of Arbitration, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Chatrandom may attend by telephone, unless the arbitrator requires otherwise. In either case, a sole arbitrator shall be appointed, and proceedings shall be conducted in English.

The arbitrator will decide the substance of all claims in accordance with BVI law and the United Nations Convention on the International Sales of Goods, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Chatrandom user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Costs of Arbitration

In any arbitration arising out of or related to this Agreement, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under the circumstances where the prevailing party won on some but not all of its claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.

Severability

With the exception of any of the provisions in this Section regarding the Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.

Future Amendments to the Agreement to Arbitrate

Notwithstanding any provision in these Terms of Service to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Chatrandom prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Chatrandom. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on Chatrandom.com at least 30 days before the effective date of the amendments and by providing notice by email.

 

Miscellaneous

Participation in Promotions

From time to time, this Service may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

Security and Password

To the extent you are offered the option to create a user account, you are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

International Use

By downloading or using the software, you represent and warrant that you are not located in a jurisdiction where use of these Services are prohibited by law, regulation, or Export Controls. Although this Service may be accessible worldwide, we make no representation that materials on this Service are appropriate or available for use in the jurisdiction, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Service from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any service, and/or information made in connection with this Service is void where prohibited.

Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Service with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Service immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Service. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.

Notices

All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at [email protected]. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Service to inform you of changes to the Service or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed e-mail.

General

You have reviewed the Acceptable Use Policy and agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Service, nor seek to spam or otherwise, disrupt or interfere with this service.

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

No joint venture, partnership, employment, or agency relationship exists between you and Chatrandom as a result of these Terms of Use. The failure of Chatrandom to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Chatrandom in writing.

In addition to any excuse provided by applicable law, we shall be excused from liability for nondelivery or delay in delivery of products and services available through our Service arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

These Terms of Use, together with any applicable policies, comprise the entire agreement between you and Chatrandom.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

The policies posted on our sites may be changed from time-to-time. Changes take effect when we post them through the Chatrandom Service.

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