The following document is presented in its original language.
Please read the following Terms & Conditions carefully
- By entering and using the site govideochat.com (the 'Site') you agree to be bound by these Terms and Conditions. These terms and conditions are a binding agreement between you and JACKLUSTO HOLDINGS LTD, a company organized under the laws of the Principality of Cyprus and whose principal office is at 3 Keffalinias, Agios Athanasios, 4107 Limassol , Cyprus (the 'Operator').
- The Operator is engaged in the business of providing agency and facilitation services to Chatters ('Chatters'), on the basis of which Chatters provide Chatter Services (as defined below) to guests of the Site ('you' or 'Guests'), and of selling credit to Guests which may be used to purchase such Chatter Services from Chatters ('govideochat.com Credit'). The price of govideochat.com Credit is displayed to the Guest upon purchase thereof. Chatters may use the Operator's video/audio/text chat communications system ('Chat System'), including a certain internet communications application (the 'Application') in order to chat with you in the event that you choose to receive information/content from them. Each time you wish to do so, you must enter into a Chatter-Guest Agreement, the form of which is available here ('Chatter-Guest Agreement'). Via the directory of Chatters located on the Site (the 'Directory'), Guests are able to initiate contact with Chatters (including in scheduled sessions) from whom they wish to receive information/content. Where the Chatter accepts the Guests into a Chatter-Guest Chat Session ('HGCS'), the Application enables the Chatter to connect through the internet with the computer of the Guest and provide information/content via audio/video (and text) chat. A Guest may also elect to chat via audio/video (or text) directly to the Chatter. In certain cases, more than one Guest can be connected to a certain Chatter at the same time It is clarified that every HGCS shall be subject to a Chatter-Guest Agreement, including with respect to the services provided by any Chatter to you under the terms of such Chatter-Guest Agreement in such HGCS using the Chat System and/or the Application or other Site services/features subject to such Chatter-Guest Agreement (all of the foregoing, the 'Chatter Services'), all as is more fully detailed in the Chatter-Guest Agreement entered into by the Chatter and each Guest at the commencement of each HGCS.
- It is clarified that all such Chatter Services are provided solely by and are the sole responsibility of the applicable Chatter, and that the Operator is not the provider of any such Chatter Services to any Guest. On the Site, you are able to purchase from the Operator, in accordance with these Terms & Conditions, govideochat.com Credit. govideochat.com Credit expires 30 days from the date of purchase or after such shorter period as may be set out in these Terms & Conditions, at which time any funds used to purchase govideochat.com Credit shall be forfeited to the Operator and shall not be refunded. It is clarified that neither govideochat.com Credit will grant you any rights and/or credits to any of the Site's affiliated sites; and that govideochat.com Credit is solely a payment method and does not constitute a good, service or right in itself.
- These Terms and Conditions comprise the entire agreement between the Operator and you, superseding any prior agreements between the Operator or any predecessor Operator and you. Please note that you may be subject to additional rules and regulations that may apply when you use specific features on the Site, as well as any Chatter-Guest Agreement in connection with your receipt of Chatter Services. The Operator, acting as agent on behalf of any particular Chatter or any and all Chatters who are or may be registered on the Site as Chatters during the applicable period of time (the 'Community of Chatters') shall vigorously enforce all these rules and regulations.
- These Terms and Conditions contain disclaimers (including inter alia at Sections 7, 8, 9 and 10) as well as exclusive remedy provisions (including inter alia at Section 8).
- The Operator may, from time to time, change the Terms and Conditions. In addition, the Operator may, from time to time, in its capacity as agent of the Community of Chatters, change the form of Chatter-Guest Agreement, including with respect to billing by Chatters and payment of Chatters by Guests by way of redemption of govideochat.com Credit or govideochat.com Happy Hour Credit. You agree to review the Terms and Conditions, the applicable Chatter-Guest Agreement and the relevant rules and regulations periodically and to be updated of such changes. In case you do not wish to remain a member due to the change in the Terms and Conditions, the applicable Chatter-Guest Agreement or the relevant rules and regulations, you may terminate your membership as provided herein. Please note that your continued use of the Site and any Chatter Services following any change to the Terms and Conditions, the applicable Chatter-Guest Agreement or the relevant rules and regulations, constitutes acceptance of all such changes.
- You acknowledge and agree that the Site is an audio/video (and text) chat platform intended to fulfill user fantasies in an online environment and is not intended to develop relationships outside of the Site. Should such relationships, including but not limited to bypassing our billing system and/or transferring money outside of the site occur, it is the sole responsibility of the parties involved.
- Campaigns - The Operator in its capacity as agent of the Community of Chatters may change any campaign rules at any time, with no prior notice needed, even without cause. All campaigns are subject to these Terms and Conditions.
- You acknowledge and agree that the Operator does not and cannot control the information and content transmitted by Chatters or the information and content transmitted by you in any HGCS.
- In respect of 18 U.S.C. 2257, please see our 2257 statement which you can also reach via our home page.
- The Operator makes the Site available to you at the request of, and in its capacity as the agent of, the Community of Chatters. As such, whilst you may access some parts of the Site for free, certain parts of the Site (including participation in any HGCS) and some of the features and services thereon are not necessarily free of charge, and may be subject to a Chatter-Guest Agreement.
Member's Account and Account Information
- You certify to the Operator, both on its own account and in its capacity as agent of the Community of Chatters, that you are at least 18 years of age. You hereby agree to provide the Operator with true, complete and up-to-date information regarding your registration and billing information. Any Guest providing the Operator with information that is not true, complete and up-to-date shall not be permitted to continue to use the Site or participate in any HGCS, and may be subject to civil and criminal liability.
- Every new Guest chooses a password and a screen name at time of registration. Please note that you should choose your name carefully and you may not choose or use a screen name of another person, a name that is violating a third party's intellectual property rights or a screen name that is offensive or inappropriate.
- It is clarified that the Operator owns all screen names used on the Site.
- You hereby acknowledge and agree that the Operator may collect certain information and data from your computer which will enable it to recognize some of your personal details and to improve the fraud prevention of the Operator’s websites.
- You also agree to provide the Operator with a valid email address for Site verification purposes and for services quality assurance. This means that the Operator can send you verification emails and also emails from the message center which any Chatter has requested that the Operator convey to you. By becoming a registered member in govideochat.com, you agree to receive commercial emails from govideochat.com about the services and products of the site and its partners.
- You are solely and entirely liable for all of the activities on the Site, including in any HGCS, conducted through your account. Please note that as a Guest you may not permit any other person to use your account. You must keep your user name / password strictly confidential and may not disclose them to any person. You may not assign or transfer any of your rights or obligations under these Terms and Conditions or under any Chatter-Guest Agreement, your username or your password, to any other person or entity. You must promptly inform the Operator of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password.
- If you have any questions or concerns regarding the Models, their security or their well-being, or regarding the transmission of Forbidden Content in an HGCS and/or MMCS or any other forbidden activity (including but not limited to alleged cases of: any child pornography, bestiality, rape or torture etc.). You are required to report IMMEDIATELY to the Company's Customer Service Department: email@example.com
- Guests who are not permitted to continue to use the Site or participate in any HGCS may not access the Site or receive any Chatter Services without the prior express written permission of the Operator.
- Cancellation of your Guest account:
You may cancel your Guest account on the Site, at any time, by going to: govideochat.com/unsubscribe. In all cases of cancellation of your Guest account you will remain liable for all payments due on your Guest account as well as any liabilities arising from these Terms and Conditions or any Chatter-Guest Agreement. In case of cancellation of your Guest account for any reason, any outstanding govideochat.com Credit and govideochat.com Happy Hour Credit that you have will immediately expire and be forfeited to the Operator, and no such payment previously made to purchase govideochat.com Credit will be credited or reimbursed to you.
- Termination of your Guest account:
The Operator reserves the right to cause you to cease using the Site and/or participating in any HGCS, at any time, and may delete your Guest account. Furthermore, in the event that the Site and/or the provision of Chatter Services is terminated or suspended, all Guest accounts (of all kinds) will be terminated immediately without any prior notifications from the Operator. In any such case, you will remain liable for all payments due from your Guest account as well as any other liabilities arising under these Terms and Conditions or any Chatter-Guest Agreement. In case of cancellation of your Guest account for any reason, any outstanding govideochat.com Credit and govideochat.com Happy Hour Credit that you have will expire and be forfeited to the Operator, and no such payment previously made to purchase govideochat.com Credit will be credited or reimbursed to you.
Charges, Billing and Payments
- The Operator does not charge Guests any basic fee to use the Site or to download or use the User Software. However, Chatters may charge Guests for Chatter Services and other features on the Site, in accordance with the terms of the applicable Chatter-Guest Agreement. The applicable rates or the methods by which the applicable rates are determined are generally described on the Site at the location from which you enter a paying service.
- You are (and the Operator is not) responsible for all charges associated with connecting to the Site.
The basic policy of the Operator (in its capacity as agent of the Community of Chatters) is not to arrange for any refunds from Chatters to Guests unless specific extraordinary circumstances apply. In some cases, the Operator (in its capacity as agent of the Community of Chatters) may issue refunds to Guests that approach the Operator, in the form of govideochat.com Credit or govideochat.com Happy Hour Credit.
- It is clarified that Chatter Discount Club are provided by Chatters to Guests, and the Operator does not charge any party for use or facilitation of any such Chatter Discount Club.
- Refunds can't be made by cash or check.
- Please note that in the case of cancellation or other closure or termination of your account, all govideochat.com Credit and govideochat.com Happy Hour Credit will immediately expire and be forfeited to the Operator, and you will not receive any or other reimbursement.
- In order to enable the Community of Chatters to provide Chatter Services through the agency of the Operator and to facilitate the provision of agency and facilitation services by the Operator to the Chatters, you agree as follows:
- You do not have any ownership or proprietary interest or claim in any of the information and content (in any format whatsoever) on the Site or transmitted pursuant to provision of the Chatter Services. All such information and content is either owned by the Operator or the various Chatters (as the case may be) and is subject to any agreement as to ownership thereof between the Operator and the Chatters). Any content provided by you is hereby licensed by you to the Operator pursuant to Section 4(C) below, and you shall have no claims, demands or suits in this respect.
- It is clarified that the Operator does not prescreen and is not responsible for the content and information published and/or displayed pursuant to the provision of any Chatter Services (including in any HGCS) or other features of the Site. However, the Operator shall have the right to remove content. In addition, the Operator shall be entitled to cause you to cease using the Site and obtaining any Chatter Services, and to terminate your Guest account immediately, in the event that the Operator deems that any content transmitted in an HGCS in which you participated or any content with which you are otherwise connected is harmful, offensive or otherwise violates these Terms and Conditions.
- All materials on the Site, including pursuant to the provision of any Chatter Services, are proprietary, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and worldwide copyright laws, and may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission from the Operator. By submitting content and/or information to any "public area" on the Site, such as forums, message centers and entering a Video Chat room you grant the Operator the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content and/or the information and/or to incorporate it in other works in any form, media or technology, for the full term of any rights that may exist in such content.
- The names "govideochat.com" and "govideochat" are protected by trademark law as are other brand names on the Site.
- Please note that some of the features of the Site and Chatter Services may contain content that is inappropriate for minors. You acknowledge that the Operator cannot, and does not intend to, screen information and content transmitted on the Site or pursuant to the provision of the Chatter Services, in advance. Therefore, the Operator shall not be held liable for any of the content provided by Guests and/or Chatters on the Site or pursuant to provision of the Chatter Services. However, the Operator may, at its sole discretion, choose to monitor some or all of the content.
- It is hereby clarified that in any event that the Operator decides that any conduct by a Guest restricts or inhibits any other Guest and/or Chatter, person or entity from using or enjoying the Site or any Chatter Services, the Operator shall be entitled to cause you to cease using the Site and obtaining any Chatter Services, and to terminate your Guest account immediately.
- You are hereby committed to use the Site and any Chatter Services for lawful purposes only. Under no circumstances will you use the Site and/or any Chatter Services and/or your account to do the following:
- Engage in any activity including nudity and/or sexually explicit behavior in any area of the site, other than in private video chat only;
- Promote or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, racially, ethnically or otherwise objectionable content; including, but not necessarily limited to, bestiality, incest, extreme sado-masochism or bondage presented in a sexual context, defecation in conjunction with a sex act, urination in conjunction with a sex act, violence, or any presentation of minors engaged in intimate physical contact or sexual situations, acted or depicted;
- Harass, embarrass, or cause distress, unwanted attention or discomfort upon another Guest and/or Chatter and/or user of the Site or any other person or entity;
- Disturb any other Guest and/or Chatter while on the Site;
- Impersonate any person or entity, including but not limited to a minor or an official representative of the Operator;
- Post or transmit, or cause to be posted or transmitted on the Site or pursuant to any of the Chatter Services any materials advertising any business other than the Site; or
- Seek to obtain any password, account, or private financial information from any Guest and/or Chatter.
EMAILS AND SPAM
AS A RESPONSIBLE MEMBER OF THE CYBER COMMUNITY THE OPERATOR MAINTAINS A STRICT POLICYFORBIDDING ANY THIRD PARTY FROM SENDING ANY SORT OF PROMOTIONAL EMAILS ON BEHALF OF THEOPERATOR OR THE SITE – SOLICITED OR UNSOLICITED. THIS MEANS WE GO BEYOND MERELY PROHIBITING SPAMMING. TO MAKE THINGS EVEN CLEARER FOR EVERYBODY WE DON'T LET ANYBODY ELSE SEND ANY EMAILS ON OUR BEHALF. MOREOVER, THE OPERATOR ITSELF ONLY SENDS EMAILS TO PERSONS WHO HAVE REGISTERED ON THE SITE. THESE TWO POLICIES MAKE UP OUR STRONG "ANTI-SPAM POLICY". We do allow Guests to send a very small number of emails to friends and family via the Site. Although this function is very limited, i.e., it is not possible to transmit commercial quantities of emails via this function, abuse will nevertheless not be tolerated. Abuse of this function will result in the Operator causing you to cease using the Site and obtaining any Chatter Services, and terminating your Guest account immediately. Please see our Anti-Spam Policy for further information including details of how to report violations of these policies – govideochat.com/anti-spam-policy.
The Site is designed such that a user wishing to visit portions of the Site potentially including adult content will be warned that he/she must be of age because he/she is entering an 'adult' area. The act of placing a web page (URL) into a temporary file on your browser so that the you may return to that page at a future date directly, without passing through any pages that may have been precedent ('bookmarking') may under certain circumstances result in the bypass of these warnings. Use of such bookmarks constitutes agreement by you that such warnings may be bypassed. Bookmarking may also cause you to bypass links to these Terms and Conditions and/or any Chatter-Guest Agreement. You hereby agree that use of such bookmarks to enter into the Site constitutes acceptance of the Terms and Conditions and any applicable Chatter-Guest Agreement.
DISCLAIMER OF WARRANTIES
THE SITE AND ANY Chatter SERVICES UNDER A Chatter-GUEST AGREEMENT ARE PROVIDED TO YOU "AS IS", "WITH ALL FAULTS", "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED AND TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS OR CONTENT OF THE SITE AND ANY Chatter SERVICES OR THE ABILITY OF THE SITE OR ANY Chatter SERVICES TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE; (II) ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE (III) ANY WARRANTIES WITH REGARD TO THE ACCURACY OR COMPLETENESS OF OR ERRORS IN THE CONTENTS OR FUNCTIONING OF OR THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE USE OF THE SITE OR ANY Chatter SERVICES; (IV) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (IV) ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF THE OPERATOR IN THE SITE AND ANY Chatter SERVICES, OR ANY WARRANTY THAT THE SITE OR ANY Chatter SERVICES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED TO YOU OR TO ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF PERFORMANCE, BUG, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE SITE OR ANY Chatter SERVICES OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PR OPERTIES, OR (2) THAT THE FUNCTIONS PERFORMED BY THE SITE OR ANY Chatter SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE OR ANY Chatter SERVICES WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION/VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE SITE AND ANY Chatter SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE OPERATOR OR ITS AFFILIATES OR SUPPLIERS OR THE OPERATOR'S/ITS AFFILIATES'/SUPPLIERS' OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS, OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, AND ANY OTHER KIND OF DAMAGE), OR ANY OTHER DAMAGES ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, OR INABILITY TO USE, THE SITE OR ANY Chatter SERVICES, EVEN IF THE OPERATOR OR ANY Chatter WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY Chatter SERVICES OR YOU HAVE ANY DISPUTE WITH THE OPERATOR OR ANY Chatter IN CONNECTION WITH THE SAME OR THESE TERMS AND CONDITIONS THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE AND THE Chatter SERVICES (AND UNINSTALL THE USER SOFTWARE).
THIRD PARTY LINKS AND PRODUCTS
via or in connection with the site and the communication services we may provide you with links to sites, and offers for products and services, of third parties. we have no control over such sites or over such products and services. we are not responsible for and do not endorse (a) the content of such third party sites, (b) the products or services offered by such third parties or (c) the privacy and other practices of such third parties. nor are we responsible for the availability of such sites or products or services offered by such third parties.
the site and Chatter services may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom. without derogating from the above, the operator may restrict or deny access to the site to guests in any country or location at any time at its sole discretion, and shall not be held liable in any way by any guest (including in connection with loss of govideochat.com credits or govideochat.com happy hour credits) in such respect.
You shall indemnify and hold the Operator, the owners and operators of the Operator and the Site as well as their officers, directors and employees harmless, against any and all expenses and/or losses, including reasonable attorney fees, incurred by the Operator in connection with any claims of any kind, that result directly or indirectly from your activities in connection with the Operator including without limitation on the Site or via the Chatter Services. Such claims shall include, without limitation, claims in respect of any violation of law in any HGCS.
Notices by the Operator to you may be given by means of electronic messages through the Site, by a general posting on the Site, or by conventional email. Notices by you to the Operator may be given by electronic messages, conventional mail, telephone or fax unless otherwise specified in these Terms and Conditions.
To the extent that a court of competent jurisdiction determines that any specific term or terms of these Terms and Conditions is/are unenforceable, the other terms of these Terms and Conditions will continue in full force and effect.
No employee, agent or representative, including without limitation any customer service representative, of the Operator or any Chatter shall be entitled to waive any term of these Terms & Conditions.
Headers of sections in these Terms & Conditions are included for convenience only and shall not be used to interpret these Terms & Conditions.
This Agreement shall be governed by and construed and interpreted solely in accordance with the laws of the Principality of Andorra, without giving effect to the principles thereof relating to conflict of laws.
The authorized courts in the Principality of Andorra shall have exclusive jurisdiction with respect to any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity and/or termination.