Terms of Service

Acceptance

This is an agreement between Karaway Entertainment LLC, an Arizona limited liability company (“Karaway"), the owner and operator of www.chatment.com (the “CHATMENT® Site”), the CHATMENT® software, including Karaway®  secure server system, including all content provided by CHATMENT®  through CHATMENT®’s apps,  and you (“you” or “You”), a user of the Secure Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND KARAWAY®/ CHATMENT®’s POLICY, WHICH CAN BE FOUND AT https://www.chatment.com/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Services.

CHATMENT®  Service

These Terms of Service apply to all users of the subscription CHATMENT®  Services platform with no advertising or data mining of any user information for sale or transfer to anyone. Information provided by our users through the Chatment® Services may contain user data that is not owned or controlled by Karaway®  or CHATMENT.®  Karaway® has no control over, and assumes no responsibility for, the content, privacy  policies, or practices of any user. In addition, neither, Karaway®  or  CHATMENT®  will not and cannot censor or edit the content of any user. By using the Service, you expressly acknowledge and agree that Karaway®  or CHATMENT®   shall not be responsible for any damages, claims or other liability arising from or related to your data use on applications.

Access

1. Subject to your compliance with these Terms of Service, Karaway®  hereby grants you permission to use the Service, provided that: (i) you download for your personal use a secure application of CHATMENT®  communication software and pay the subscription fee on a yearly basis. No one is permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Karaway®’s or CHATMENT®’s prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.

2. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide CHATMENT®  with your mobile phone number and/or e-mail address. This information is used to open your account and authorize the use of CHATMENT®  software located on a singular device. You hereby acknowledge and agree that in order to provide the Service, CHATMENT®   and Karaway®  will not access your contact list and/or address book on your mobile device or computer to find and keep track of mobile phone numbers of other users of the Device or Service. When providing your mobile phone number or e-mail address, you must provide accurate and complete information.  We do collect names, email addresses or mobile phone numbers to verify use and the security of your data and system. This information is stored in a secure encrypted format on the Secure Random Socket ConnectionLOCKCHAIN data servers. You are solely responsible for the listing of your contact information that you submit to other users and may be displayed on the CHATMENT® Service. You must notify Chatment®  immediately of any breach of security or unauthorized use of your mobile phone or computer related to the Service. Although Karaway®  and CHATMENT®  will not be liable for your content losses caused by any unauthorized use of your account; you may be liable for the losses of CHATMENT®  or others due to such known unauthorized use.

3. CHATMENT®  does not grant the operators of public search engines permission to use spiders to copy materials from the website for any purpose. Karaway®  and CHATMENT®  reserve the right to invoke exceptions either generally or in specific cases. All Karaway®  enterprises disallow any efforts to reverse-engineer our patented system, our protocols, or explore outside the boundaries of the normal requests made by CHATMENT®  clients. No one is allowed to use modification tools that are meant to explore or harm, penetrate or test the system, servers or assets hosted on our domains. You agree not to try to collect or harvest any personally identifiable information, including phone number or e-mail addresses, from the Service, or to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam contacts, or solicit for commercial purposes, any users of the Service.

4. Intellectual Property Rights 

The design of the CHATMENT®  Service and System along with CHATMENT®  created text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Karaway®  and CHATMENT®  subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Karaway®  and CHATMENT® reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Personal Submissions of third parties obtained through the Service for any commercial purposes.

5. User Submissions

A. The CHATMENT®  Services do not allow users to submit text, profile photos and other communications submitted by you. For clarity, direct messages, location data and photos or files that you send directly to other CHATMENT®  users will only be viewable by those user(s) or group(s) you directly send such information. As clarified in the following section, you retain your ownership rights in your Submissions. You understand that whether or not such Submissions are published, CHATMENT®  does not guarantee any user confidentiality with respect to any submissions.

B. You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. Chatment®  is a secure private transfer system between two or more authorized parties; user submitted communications and transfers do not necessarily represent the views or opinions of Karaway®    or CHATMENT®  and thus no guarantees as to the validity, accuracy or legal status of any communication. In connection with Submissions; You affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize CHATMENT®  to transmit all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your Submissions, but you have to have the rights in the first place. However, by submitting the Submissions to CHATMENT® , you hereby grant Karaway®  and CHATMENT®  a worldwide, non-exclusive, royalty-free, sub-license and transferable license to transfer to authenticated users directed by you. You also hereby grant each contact subscriber to your status on CHATMENT®  Services a non-exclusive license to access your Submissions through the Service. The foregoing license granted by you terminates once a Submission is deleted from CHATMENT®  Services.

C. In connection with transmissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Karaway®  and CHATMENT®  the license rights granted herein; (ii) post falsehoods or misrepresentations that could damage Karaway® , CHATMENT® , or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) try to impersonate another person; (vi) try to send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.

D. Adult content must be identified as such if used in either in a public or private group environment. Karaway®  and CHATMENT®  does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and therefore expressly disclaims any and all liability in connection with Submissions. Karaway®  and CHATMENT®  does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and CHATMENT®  will remove specified user if properly notified that such content or Submission infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which was automatically deleted, and information reasonably sufficient to permit the service provider to locate the date material was sent, including the user name of the CHATMENT® authorized User allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an user name, the date of material posted and, if available, an electronic mail address at which the complaining party may be contacted; (v) 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, its agent, or the law; and (vi) 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 infringed. Such notices may be emailed to support @ chatment.com. Karaway® and CHATMENT®  reserve the right to advise user of complaints. CHATMENT®  may also terminate a User's access to the Service, if they are determined to be a repeat infringer, or for any or no reason. A repeat infringer is a User who has been notified of infringing activity more than once. An annoying person is anyone who is determined to be annoying by authorized Karaway®  employees or agents or contact Users. CHATMENT® reserves the right to decide whether content or a Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest when notified. CHATMENT®  may terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

E. Understand that when using CHATMENT® Services you may be exposed to Submissions from a variety of Invited sources, and that CHATMENT®  is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions, and that such Submissions are not the responsibility of CHATMENT® . You further understand and acknowledge that you may be exposed to Invited Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Karaway® and CHATMENT® with respect thereto, and agree to indemnify and hold companies, officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of CHATMENT®  Services.

F .CHATMENT® permits you to transmit and receive data and communication through the Service for personal interest purposes only. Karaway® and CHATMENT®  reserve the right to discontinue any aspect of the CHATMENT®  Services at any time.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF CHATMENT® SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KARAWAY, CHATMENT®  ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. KARAWAY® AND CHATMENT® MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE,  AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CHATMENT®  SERVICE. KARAWAY®  AND CHATMENT®  DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CHATMENT® SERVICE OR FEATURED IN ANY USER SUBMISSIONS OR OTHER ADVERTISING, AND CHATMENT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSMISSION  BETWEEN YOU AND AUTHENTICATED USERS. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

7. Limitation of Liability

IN NO EVENT SHALL KARAWAY® OR CHATMENT,®   THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CHATMENT SYSTEM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT KARAWAY®  O R CHATMENT®  SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY AUTHENTICATED USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

8. Indemnity

You agree to defend, indemnify and hold harmless CHATMENT®, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to CHATMENT®  Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any User or third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of CHATMENT®  Services.

9. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 18 years old as CHATMENT®  Services are not intended for children under 18. If you are under 18 years of age, you are not permitted to use CHATMENT®  Services. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

10. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CHATMENT®  without restriction.

11. General

You agree that: (i) CHATMENT®  Services shall be deemed solely based in Arizona or Nevada; (ii) the CHATMENT® Services shall be deemed a passive server that does not give rise to personal jurisdiction over Karaway® or CHATMENT® or, either specific or  general, in jurisdictions other than Arizona or Nevada; and (iii) that you agree to subject to the jurisdiction of Arizona or Nevada in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of Arizona or Nevada, without respect to its conflict of laws principles. Any claim or dispute between you and CHATMENT®  that arises in whole or in part from CHATMENT®  Services shall be decided exclusively by a court of competent jurisdiction located in Arizona or Nevada. These Terms of Service, together with the Privacy Policy at https://www.chatment.com/legal/privacy and any other legal notices published by CHATMENT,® including, but not limited to an end user license agreement, shall constitute the entire agreement between you, Karaway® , and CHATMENT®  concerning CHATMENT®  Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and CHATMENT® ’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Karaway®  or CHATMENT®  reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the CHATMENT®  Services. Your continued use of the CHATMENT®  Services following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU, KARAWAY® , AND CHATMENT®  AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CHATMENT®  SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.