The key functionality of Boochat is to provide a platform designed to pair individuals (“users”) together, based on compatibility and other factors, and to enable individuals to chat and communicate online through various media including text, video, and picture sharing and linking and accessing third party social network platforms (collectively, the “Service”).
Please note that Boochat is a platform that brings together USERS. Boochat, has no control over users or their conduct while using the app. Boochat does not assume any responsibility for or warrant the accuracy of legitimacy of any information provided by any users through the service. Furthermore, Boochat does not and has no obligation to screen users or review the accuracy or legitimacy of any information or data provided by any user. Any claim or dispute that may arise between users of the app and/or the service shall be settled by them, as they hereby agree to release and hold harmless Boochat from an liability or responsibility to participate in such claim or dispute.
By using the service, you agree not to do any of the following; each of which shall be deemed a breach of these terms of service (i) DISCLOSE PERSONAL CONTACT INFORMATION TO OTHER USERS THROUGH THE SERVICE, (ii) ENGAGE IN ANY ILLICIT, INDECENT OR UNLAWFUL BEHAVIOR OR ACTIVITY, (IV) ENGAGE IN ANY INDECENT, PORNOGRAPHIC, RACIST, OFFENSIVE, DEFAMATORY, OR INCENDIARY CONDUCT OR BEHAVIOR OR (IV) CONDUCT ANY COMMERCIAL ACTIVITY OR ENGAGE IN ANY TRANSACTION INVOLVING THE EXCHANGE OF VALUE BETWEEN USERS.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
YOU UNDERSTAND THAT WHEN USING THE SERVICE, YOU WILL BE EXPOSED TO CONTENT FROM A VARIETY OF SOURCES, AND THAT BOOCHAT IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, OR SAFETY OF OR RELATING TO SUCH CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT, WHILE THE SERVICES ARE NOT PROVIDED FOR PORNOGRAPHIC PURPOSES OR FOR MAKING SEXUALLY EXPLICIT CONTENT AVAILABLE, YOU MAY BE EXPOSED TO CONTENT THAT YOU DEEM TO BE OFFENSIVE, INDECENT, OBJECTIONABLE, OR SEXUALLY EXPLICIT, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST BOOCHAT WITH RESPECT THERETO. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE SERVICE AND THE CONTENT AVAILABLE THROUGH THE SERVICE MAY VIOLATE APPLICABLE LAWS IN THE JURISDICTION YOU ARE LOCATED AND IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE SERVICE AND THE CONTENT CONTAINED THEREIN DOES NOT VIOLATE SUCH LAWS AND TO INDEMNIFY BOOCHAT IN THE EVENT SUCH DOES VIOLATE LAW.
While Boochat does not take action on every piece of content deemed to be in violation with these terms, by agreeing to these terms of service, you understand and acknowledge that at anytime Boochat has the right to remove and/or ban you from using the app at any time, especially in relation to content of posts or shared in Video Chat that violates these terms of service.
Using the Service includes creating or uploading different kinds of data and information, including without limitation photos, text, messages, posts, pictures, videos, and other content (collectively, “User Contributed Content”), whether publicly posted or privately transmitted, is the sole responsibility of the Boochat user from whom such User Contributed Content originated. Without limiting the foregoing, you are solely and entirely responsible for all of the User Contributed Content that you upload, post, email, transmit or otherwise make available via the App or the Service. We may, but are not obligated to, monitor or control User Contributed Content that is posted, and we take no responsibility for such content.
Furthermore, any User Contributed Content or other material you upload via the App or the Service will be considered non-confidential and non-proprietary. We have the right to disclose your identity to any third party who claims that any of the material uploaded/posted by you via the App or the Service constitutes a violation of their intellectual property rights, their rights to privacy or any other proprietary right.
In using the App or the Service, you agree not to generate or upload any User Contributed Content that is (1) inappropriate to other users or illegal, including, but not limited to, anything that is defamatory, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, hateful, or promotes violence, discrimination, bigotry, racism, or hatred, as determined by Boochat in its sole discretion, (2) introduce viruses, time-bombs, worms, cancelbots, Trojan horses and/or other harmful code, (3) reverse look-up or trace any information of any other User or visitor or otherwise use the Services for the purpose of obtaining information of any User or visitor, (4) attempt to gain unauthorized access to any portion of the Services, or any systems or networks by hacking, password "mining" or any other illegitimate means, (5) use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any manual process to access, acquire, copy or monitor any portion of the Services or any data or materials contained therein or obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the System, (6) ask or offer sexually explicit images or engage in any activity harmful to minors or (7) otherwise violates these terms.
We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any User Contributed Content or endorse any of the opinions expressed therein. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You acknowledge that any reliance on User Contributed Content of any Boochat user will be at your own risk.
You understand that by using or accessing the App or the Service you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any content or communications, including, but not limited to, any errors or omissions in any form of User Contributed Content, or any loss or damage of any kind incurred as a result of the use of any Boochat Content or User Contributed Content posted, emailed, transmitted or otherwise made available on the App or through the Service.
In addition to the prohibitions set forth elsewhere herein, including, but not limited to Section 5 hereof, you agree not to do any of the following while using the App and/or the Service:
You agree to indemnify and hold harmless Boochat, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and representatives and to defend and hold each of them harmless, from any and all claims, liabilities, losses, damages, costs, and other expenses (including attorneys' and expert witnesses' costs and rewards) arising from or relating to: (1) your use of and access to the App or the Service; (2) your violation of any laws or any infringement by you, or any third party using your account or Boochat User ID, of any intellectual property, property, privacy, or other right of any person or entity; (3) any breach of any obligation in this Agreement by you; (4) any intentional misconduct or negligence by you in using the App or the Service; or (5) any claim that a user's User Contributed Content caused damage of any kind whatsoever to another user or to any other third party.
This Agreement is governed by the laws of the State of California without reference to any conflict of laws principles that would require the application of the laws of any other jurisdiction. You irrevocably consent to the personal jurisdiction of the state and federal courts located in Los Angeles, California, for any suit or action arising from or related to this Agreement, and waive any right you may have to object to the venue of such courts. You further agree that these courts will have exclusive jurisdiction over any such suit or action initiated by you against Boochat.
If any provision of this Agreement is determined to be invalid, illegal or unenforceable by any governmental entity, the remaining provisions of this Agreement shall remain in full force and effect provided that the essential terms and conditions of this Agreement for both parties remain valid, binding and enforceable. To the extent permitted by law, the parties hereby to the same extent waive any provision of law that renders any provision hereof prohibited or unenforceable in any respect.
In the event that you provide Boochat with any feedback regarding the App or the Service, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the App or the Service (collectively, “Feedback”), you hereby assign to Boochat all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate. You recognize that Boochat is not responsible for compensating you in anyway for your feedback.
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Boochat reserves the right at any time to modify or discontinue, temporarily or permanently, the App or the Service (or any part thereof) with or without notice. You agree that Boochat shall not be liable to you or to any third party for any modification, suspension or discontinuance of the App or the Service.