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TERMS OF USE WILL GOVERN YOUR USE OF THIS WEBSITE (www.radiokiss.eu) (the “Company” CodyChat, “we,” “us” or “our”) AND ALL RELATED SITES, SERVICES AND TOOLS MADE AVAILABLE TO YOU REGARDLESS OF HOW YOU ACCESS OR USE THE SERVICE. THIS WEBSITE AND SERVICES IS OWNED AND MANAGED BY RADIO KISS. WE EXPRESSLY RESERVE THE ENTIRE RIGHT, AT OUR SOLE DISCRETION, TO DENY FURTHER OR CONTINUOUS ACCESS TO THE SITE TO ANY USER, OR USERS THAT VIOLATES OR ATTEMPTS TO VIOLATE ANY ASPECT OF THE TERMS OF USE AGREEMENT PLEASE READ THESE TERMS OF USE CAREFULLY. THE TERMS CONTAINED HEREIN CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN CODYCHAT AND YOU. YOUR CONTINUOUS USE OF THIS WEBSITE IS SUBJECT TO YOUR ACCEPTANCE WITHOUT MODIFICATION OF ALL OF THE TERMS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES (INCLUDING, WITHOUT LIMITATION, OUR PRIVACY POLICY). WE RESERVE THE ENTIRE RIGHTS AT ANY TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SERVICES (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE. CODYCHAT SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION OR DISCONTINUANCE OF THE SERVICES. ELIGIBILITY AND ACCOUNT You warrant that you’re at least 18 years of age to access the website and its service. Any use of the Service is void in Countries or territories where prohibited. By accessing and using the website and its service, you represent and warrant that you have the authority and capacity to enter into this Agreement and to abide by all of the terms of use of this Agreement. In order to obtain access to the Website and its Service, You must first submit the applicable registration to CodyChat for review and initial approval. We reserve the right, in our sole discretion, to allow or deny access to the website and any other Service to anyone at any time and for any reason, as we deem fit. The registration data that You provide on the Application in order to obtain access to the Content and Service may include, without limitation,: (a) Your first and last name; (b) e-mail address; (e) mailing address, (e) date of birth; You agree to provide true, accurate, current and complete Registration Data and to make necessary updates as may be required in order to maintain it in an up to date and accurate fashion. CodyChat will verify and approve all registrants in accordance with its standard verification procedures. During registration, You will be asked to provide a password to use as Your account log-in credential, where applicable ("Log-In"). If the Log-In that You request is not available, You will be asked to supply another Log-In. If CodyChat approves Your User application, CodyChat will set up your specific account ("Account"). You understand that the following terms shall apply to your account. You warrant the information you provide while creating an account with us is true and accurate to the best of your knowledge. In the event of any changes to the information earlier provided by you, you’ll be responsible for making timely update of such information under your profile. You understand that you’ll be responsible for keeping your login credentials safe at all times. You are solely responsible for any authorized or unauthorized access to your account to the greatest extent permitted by law GRANT OF LIMITED LICENSE Upon the creation of an account and approval of your use of this service, You understand and expressly agree to comply with the terms provided in this License Agreement. You are hereby granted a non-exclusive, non-transferable, revocable, worldwide license to access and use the Services to communicate with your end users (“End Users”). All rights not expressly granted to you are reserved by CodyChat and its licensors. You may not carry out the below listed activities without the express written consent of CodyChat. You may no (i) use CodyChat trademarks or marks (ii) ) alter, modify, or obscure the Services (iii) alter, modify, obscure, or remove CodyChat’s trademarks from the Services (iv) either explicitly, implicitly, or through acts of omission, (v) represent yourself as acting on behalf of CodyChat; or either explicitly, implicitly, or through acts of omission, represent yourself as a partner, affiliate, reseller, employee, contractor, vendor, advisor, or counsel of CodyChat. USERS Access to the use of this service shall be governed by the provisions of your website LICENSE AGREEMENT. You expressly warrant that this software will be used only for the approved purpose and nothing herein shall entitle you or your end users to any intellectual property belonging to CodyChat. We will not be liable to any end user for any reason whatsoever. You will be solely responsible for the use of the software in compliance with applicable laws and regulations. PAYMENTS To use this service, you’ll be required to pay a service fee which shall be billed to you based on the payment plan selected by you during the creation of your account. We reserve the sole rights to charge fees for your use of this service. You agree to pay such Fees in accordance with the terms set forth in any payment plan selected or change to account plan. Taxes: All Fees are exclusive of any taxes, levies, or duties imposed by taxing authorities, and you expressly agree to be responsible for payment of all such taxes, levies, or duties associated with your use of the Services. Upon prior notification to you, we may change the pricing of the use of our service. Your continuous use of the service will indicate your consent to continue to make such payments as may be billed to you through the payment information you provide. CONTENT RESTRICTIONS You understand that you’re solely liable for any and all information, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages posted, received or sent through the Services (collectively “Content”) and for all activity that occurs under your account, whether done so by you or any End User of the Service who is chatting with you. We may in our sole discretion, but not obligated to remove any content which we may consider inappropriate or such contents that can cause an malfunction of the software, or prevent the continuous use of this Service. We may at sole discretion terminate or limit the privileges of user who may use the service in an inappropriate manner You may not post any unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable Content, or Content that violates any of these the Terms (“Offensive Content”). Examples of such Offensive Content include, but are not limited to: abuse, harassment, threats, flaming or intimidation of any person or organization engaging in or contributing to any illegal activity or activity that violates others’ rights use of derogatory, discriminatory or excessively graphic language providing information that is false, misleading or inaccurate hacking or modifying the Services to falsely imply an association with CodyChat engaging in or contributing to any activity that maliciously degrades the Services implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization disclosing personal login information, including, but not limited to passwords without the express permission of the individual or organization who provided it to you transmitting worms, viruses or harmful software sending spam, unsolicited mail, junk mail or chain letters disclosing personal or proprietary information of another user, End User, person or organization altering the Service’s user interface in a way that removes access to any part of the Service’s functionality and/or inhibits access to or the display of advertisements collecting the content or information belonging to another user, an End User or CodyChat, or otherwise accessing the Services, using automated means (such as harvesting bots, robots, spiders or scrapers) without our permission soliciting log in information or accessing the account of another user or End User of the Services promoting, condoning, endorsing, distributing, publishing, or posting any material that solicits money, funds or people on websites or other properties that belong to CodyChat aiding in the use of the Services for purposes of advertisement or solicitation for commercial goods or services on websites or other properties that belong to CodyChat harassing, annoying, intimidating or threatening users or End Users of the Services or employees or agents of CodyChat aiding or engaging in deceptive or predatory practices towards users or End Users of the Service removing or altering, visually or not, any copyrights, trademarks, or proprietary marks and rights owned by us forging, manipulating or plagiarizing messages, communications, headers or identifiers to imply an association with us or the Services posting, publishing, displaying or transmitting in any way proprietary information, copyrighted material and trademarks not belonging to you, without the prior written consent of the owner of such rights posting content that advocates, endorses, condones or promotes harassment of others, or content that actively or indirectly harasses others posting content that is offensive and harmful, including but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or any group of individuals posting content that provides materials or access to materials that exploits people under the age of 18 in an abusive, violent or sexual manner posting content that solicits personal information or any information from anyone under the age of 18 posting content that uses, promotes or links to an illegal or unauthorized copy of another person’s copyrighted work or intellectual property CONTENT POSTED THROUGH THE SERVICE you automatically grant to CodyChat its directors, affiliates, licensees, contractors, third party agents and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by CodyChat will not infringe or violate the rights of any third party. INTELLECTUAL PROPERTY RIGHTS Except as expressly provided in the Terms, CodyChat, its suppliers and licensors own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You may not duplicate, copy, reuse, or reverse engineer any portion of the Services without a written consent from us. All trademarks, service marks, logos, trade names and any other proprietary designations of CodyChat used herein are trademarks or registered trademarks of CodyChat. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. SUPPORT Should you have any issue or need help regarding the use of the service, please contact us at your earliest convenience. We will provide you with the assistance you need. TERMINATION CodyChat may terminate your account without notice in the event that you breach any of the terms contained herein. In the event of such termination, you will not be permitted to access or use any feature of the service. CodyChat will not refund any of the prepaid Fees. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the forfeiture of all content in your account. CodyChat reserves the right to refuse service to anyone for any reason at any time. DISCLAIMERS Except as expressly warranted in the terms, all Services are provided “as is” and CodyChat hereby disclaims all warranties and conditions with regard to the Services, whether express, implied or statutory, including all warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Other than as expressly set in these Terms, CodyChat makes no warranty that (i) the Services will meet your requirements or expectations, (ii) that your access to or use of the Services will be uninterrupted, timely, secure or error free, (iii) that any defects in the Services will be corrected, or (iv) that the Services or any server through which you access the Services are free of viruses or other harmful components. Any material downloaded or otherwise obtained through the use of the Services are accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from CodyChat or through or from the Services shall create any warranty not expressly stated in these terms. LIMITATION OF LIABILITY You expressly understand and agree that CodyChat and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CodyChat has been advised of the possibility of such damages) in any way relating to or arising from this agreement. In no event shall CodyChat or its respective suppliers’ aggregate liability for direct damages under this agreement exceed the fees paid for the immediately preceding month before the claim. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. INDEMNIFICATION You agree to defend, indemnify and hold harmless CodyChat, its officers, directors, employees, and agents, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your connection to or use of the Services, including but not limited to any breach by you of these Terms, any claims arising from the content you submit, post, transmit or make available through the Services, and any misuse of the Services or claims against CodyChat by an End User. GOVERNING LAW These Terms, your rights and obligations, and all actions contemplated by these Terms shall be governed by the laws of Canada. Any disputes arising under this Agreement shall be heard in the state or federal courts in the province [PROVINCE]. FORCE MAJEURE CodyChat shall not be responsible for any failure to perform due to unforeseen, non-commercial circumstances beyond its reasonable control, including but not limited to acts of God, war, riot, crime, terrorist attacks, embargoes, acts of civil or military authorities, widespread Internet outages, fire, floods, earthquakes, accidents, strikes, fuel or energy. In the event of any such delay, any applicable period of time for action by CodyChat may be deferred for a period equal to the time of such delay. NOTICES Any notices or other communications required hereunder, including those regarding modifications to the Terms, will be in writing and given by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Should you have any question or concern regarding your use of this website, please contact us at [email protected]