Chatous collects two types of data about users: (1) information that you or others voluntarily submit to us (described below under “User-Supplied Information”) and (2) technical data automatically collected from all visitors to Chatous (described below under “Automatically Collected Data”).
User-Supplied Information: In using Chatous, for example when you register with us, engage in a chat, or if you send us an email, you will provide Chatous with data generally called “personally identifiable” information. If you choose to provide such information, you are giving Chatous permission to use and store that information consistent with this policy.
Profile Information: Before starting to chat, you can optionally provide personal information such as age, gender, and a screen name. You can also optionally chose whether your location (based on IP address) is shared on the site. By doing so, you understand and authorize us to use all the information exposed to us pursuant to this Privacy Notice and also understand that this information will be shared with users you engage with on our Site. We will use this information to provide you a better experience when using our Site.
Chat Data: Chat conversations on the site are screened by an automated system for spam and select messages may be read by a human being in order to improve Chatous' anti-spam software or for other quality control purposes.
Automatically Collected Data: Chatous automatically logs non-personally identifiable information such as Internet Protocol address (“IP Address”), a unique user ID, the content and pages that you access on Chatous and the dates and times that you visit the Site. In addition, if you come to the Site via a link from another site, we may also track the source of that link.
We may collect information about you from other sources, including from partners, and from commercially available sources (such as data aggregators and public databases). The following are examples of information we may collect from other sources:
Data you authorize us to access through your use of Facebook Connect. In general, the types and amount of personally identifiable information we collect vary depending on the activity. Chatous endeavors to limit the collection of personally identifiable information to information we believe is minimally necessary to achieve our stated collection purposes.3. Use of Information
Chatous uses personally identifiable information to establish and enhance our relationship with you. Chatous may use the information that you provide, or that we collect, to operate, maintain, enhance, and deliver the various features and services found on the Site; as well as to track user-generated content and users to comply as a service provider with the DMCA and other applicable laws. Chatous uses all of the information that we collect from users to understand and analyze the usage trends and preferences of our users, to improve the way the Site works and looks, and to create new features and functionality. Further, Chatous may use automatically collected data to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit Chatous; (b) monitor your participation in various sections of the Chatous; (c) customize our service to you, including by providing you with recommendations and (c) monitor aggregate site usage metrics such as total number of visitors and pages viewed. We may use your e-mail address for administrative communications such as notifying you of major Chatous updates, for customer service purposes, and to send privacy or security-related notices.4. Disclosure of Information
Chatous does not knowingly collect or retain personally identifiable information about persons under 13 years of age. Any person who provides their personal information to Chatous through this website represents that they are 13 years of age or older. If Chatous learns that personally identifiable information of persons under the age of 13 years has been collected on the Site without verifiable parental consent, then Chatous will take the appropriate steps to delete this information.6. Data Security
Chatous takes reasonable measures to preserve the integrity and security of your personal information. However, no data transmissions over the Internet can be guaranteed to be 100% secure. We cannot, therefore, ensure or warrant the security of any information you transmit to Chatous, and you do so at your own risk. Please know that although we make our best efforts to keep your information secure, this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.7. International Visitors
The Site is hosted in the United States. If you visit Chatous from the European Union or other regions of the world with laws governing data collection and use that may differ from laws of the United States, then please understand that you are transferring your personally identifiable information outside of those jurisdictions to the United States for the uses identified above in accordance with this Privacy Notice. By providing your personally identifiable information to Chatous you consent to that transfer.8. Third Parties
Except as expressly provided otherwise, this document addresses only the use and disclosure of information that Chatous collects from you or that you disclose to us. If you disclose your information to others besides Chatous different rules may apply to their use or disclosure of the information you disclose to them. Chatous does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.9. Updates to this Policy
We reserve the right to modify this Policy from time to time. If we make any changes to this Policy, we will change the "Last Revision" date below and will post the updated Policy on this page.10. Contact
This policy was last revised on November 19, 2012.
Chatous provides the www.chatous.com site (the "Services") subject to your acceptance of all the terms and conditions contained in this document (the "Terms of Service"). In addition, when using the Services you shall be subject to any posted guidelines or rules within that service in addition to those in the Terms of Service. By using the Services, you agree to the Terms of Service. If you do not agree, please do not use the Service. We may modify, suspend, discontinue or restrict the use of the Services, any portion thereof or any content at any time with or without notice to you.2. Age Requirement
The Services are only available for individuals age 13 years or older. If you are under the age of 18, you should review the Terms of Service with your parent or guardian to make sure that you and your parent or guardian understand and agrees with the Terms of Service.3. Service Assets
All text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, videos, artwork, applications, computer code and associated documentation (collectively, the "Service Assets"), including but not limited to the design, structure, arrangement and "look and feel" of such Content, are owned by or licensed to Chatous and are protected by copyright, trademark and other intellectual property rights and laws. Except as expressly provided in the Terms of Service, no part of the Service Assets may be copied, reproduced, sold, republished, transmitted, displayed, reposted or otherwise distributed for public or commercial purposes.4. Use of Services and Content
Your use of the Services is subject to all applicable laws and regulations: You may not:
- 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 Content or obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sites;
- attempt to gain unauthorized access to any portion of the Services or any Content, or any systems or networks connected to the Site, by hacking, password "mining" or any other illegitimate means;
- probe, scan or test the vulnerability of the Services or any Content, or any system or network connected to the Site;
- 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;
- use any device, software or process to interfere with, or attempt to interfere with, the proper working of the Services or any Content, or any systems or networks connected to the Services, or with any other person's use of the Services;
- Post, upload, publish, broadcast, stream, display, submit or transmit any text, words, statements, conversations, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, sexually explicit, nude, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- Bully, abuse, harass, stalk, demean, threaten or discriminate against others;
- Discuss illegal activity, such as how to obtain or consume illegal drugs and how to make bombs;
- Ask for or offer sexually explicit images, and/or material harmful to children;
- Send or broadcast any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Impersonate or misrepresent your affiliation with any person or entity;
- or use the Services or any Content for any purpose that is unlawful or prohibited by the Terms of Service. Any unauthorized use of the Services or any Content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Chatous has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Chatous may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Chatous has no obligation to monitor your access to or use of the Site, Services or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Chatous reserves the right, at any time and without prior notice, to remove or disable access to any Content, including any User Content that Chatous, at its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Site or Services.
Any and all content, comments, views, information, data, text, video, image, captions, music, sound, graphics, photos, software, code, audio, sound, music, audio visual combinations, interactive features, feedback, documentation, photographs, discussions, news, articles, messages, postings, listings, and other materials, viewed on, accessed through, displayed on, posted to, transmitted, streamed, or distributed or otherwise made available through the Web site, Services or the Communication Services by users or other third parties (“User Content") are strictly those of the person from which such User Content originated, who is solely responsible for its content. Use of or reliance on User Content is entirely at your own risk and Chatous expressly disclaims any and all liability in connection with User Content. Chatous does not validate, monitor, or endorse any User Content of any user or other licensor, or any opinion, recommendation, or advice expressed therein nor vouch for their reliability. Under no circumstances will Chatous or its suppliers or agents be liable in any way for any User Content. You acknowledge that creating, submitting or sharing your User Content may give rise to various types of legal liabilities and you represent that your User Content complies at all times (both when first submitted and throughout its accessibility on the Service) with the TOS and all applicable laws. You understand that Chatous does not pre-screen User Content and is not liable for the content (including User Content) transmitted by users. You agree that you may not download, reproduce, modify, display, perform, transfer, distribute or otherwise use the Service, except as provided under these TOS, and you agree to take all reasonable steps to prevent the unauthorized use of the Service.Third Party Sites and Interactions with Third Parties
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet (”Third-Party Sites“). Chatous has no control over Third-Party Sites or other Internet resources. These resources, content and services are provided to you ”as is“ to facilitate your web browsing. Chatous does not endorse any Third-Party Sites. Chatous is providing these links to you only as a matter of convenience, and in no event will Chatous be responsible for any content, products, or other materials on or available from such Third-Party Sites. In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. Chatous will have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. Chatous reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.Third Party Services
You may post and share content through the Service. When posting or sharing content it is your responsibility to clearly and truly identify its nature to ensure its classification in the proper category. This is necessary for the respectful operation of the Service and in order to protect other users by identifying content that may be inappropriate. You acknowledge that you may be exposed to content that is 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 Chatous relating thereto.Commercial Use
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used by you for direct commercial endeavors.Special Notice for International Use; Export Controls
You acknowledge and agree that products, services or technology provided by Chatous are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, reexport, or transfer Chatous products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.6. Account Information
Certain features or services offered on or through the Services may require you to open an account (including your name, a user name and password). You are responsible for taking all steps to ensure that no unauthorized person shall have access to your account or password. It is your sole responsibility to: (i) control the dissemination and use of your account and password; and (ii) promptly inform us of any need to deactivate an account or password. We are not liable for any harm related to the theft of passwords, or your disclosure of passwords. You shall immediately notify us of any unauthorized use of your account or password or any breach of confidentiality. You are solely responsible for any damage resulting from the use of your account and username. You may not use your account or password to breach security of another account.7. Privacy
THE SERVICES AND ALL CONTENT INCLUDING USER CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENTNESS, FREEDOM FROM INTERRUPTION, VIRUSES OR OTHER DEFECT, AND NON-INFRINGEMENT. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SERVICES OR ANY CONTENT IS TO STOP USING THE SERVICES OR ANY SUCH CONTENT. IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR CONTENT PROVIDERS (our "AFFILIATES") BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMIATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SITES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR OUR AFFILIATES ARE ADVISED ON THE POSSIBLITY OF SUCH DAMAGES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CHATOUS OR THROUGH THE SITE, SERVICES, CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT CHATOUS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICES, NOR DOES CHATOUS MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. CHATOUS RECOMMENDS THAT YOU DO NOT DISCLOSE PERSONAL CONTACT INFORMATION TO OTHER USERS OR MEMBERS. CHATOUS DOES NOT RECOMMEND OR ENCOURAGE MEMBERS TO USE THE SITE OR SERVICES TO SOLICIT OTHER MEMBERS TO MEET WITH THEM IN PERSON. CHATOUS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT WHEN USING THE SITE OR SERVICES, YOU WILL BE EXPOSED TO CONTENT FROM A VARIETY OF SOURCES, AND THAT CHATOUS IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, OR SAFETY OF OR RELATING TO SUCH CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT, WHILE THE SERVICES AND WEBSITE 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 CHATOUS WITH RESPECT THERETO.
You agree that we may, at any time, and at our sole discretion, terminate your account or suspend or prohibit your access to the Services without prior notice to you for violating any of the Terms of Services or for any other reason whatsoever. You agree to defend, indemnify, and hold us and our Affiliates harmless from and against any demands, loss, liability, claims or expenses (including attorney's fee) made against us by any third party due to or arising out of your use of the Services.10. User Submissions
If you make any submission to us, you agree that you will not send or transmit any communication or content that: (i) is defamatory, indecent, harassing or otherwise objectionable; (ii) infringes or violates any rights of any party; or (iii) contains a virus or corrupted data. All e-mail and other correspondence that you submit to us shall become our sole and exclusive property. If you submit any business information, idea, concept or invention to us, such submission shall be considered: (i) non-confidential; and (ii) our sole and exclusive property. We will have no obligation of any kind with respect to the submission, and we will be free to use or further transmit such submission for any purpose.12. Notices
We may send you notice with respect to the Sites by sending an email message to the email address listed in your account or by posting on the Site. Any notices will be deemed delivered to the party receiving such communication: (i) the date of transmittal if sent via email; or (ii) the date we post the notice to the Site.13. Governing Law, International Use
The Terms of Service represent the entire agreement between you and us with respect to the subject matter addressed herein and supersedes all prior to contemporaneous agreements or understandings, written or oral. The Terms of Service shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns.15. Waiver
Any failure by us to enforce or exercise any provisions of the Terms of Service shall not constitute a waiver of that right or provision. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches.