PLEASE READ CAREFULLY BEFORE USING THE CHATTERBUGS.NET WEBSITE
It is important that you read the entirety of and understand this document. There are, however, a few key points that we need to emphasise:
CHECK RESTRICTIONS ON USE: In some regions there are restrictions on the use of this website. It is your responsibility to ensure that you are legally allowed to use the website where you are located.
1. YOUR AGREEMENT WITH CHATTERBUGS.NET
1.1 Chatterbugs.net internet communication software applications (“Internet Communications Software”), other “Chatterbugs” branded software applications (together the “Chatterbugs.net Software”) and associated documentation (whether in printed or electronic form) including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto (“Updates”) and whether made available for free or for a fee, (collectively the “Software”) are licensed (not sold) to you by Chatterbugs.net. The term “Software” also means and refers to your website account and the access thereto.
1.2 The features and products that are made available through the Software for free or for a fee (excluding products or features available for free on a trial basis only) are provided to you by Chatterbugs.
1.3 Any additional products or features of the Chatterbugs.net Software or other “Chatterbugs” branded products, that you pay for (including products or features available for free on a trial basis only) (“Paid For Products”) are provided to you by Chatterbugs.net.
1.4 “Chatterbugs.net” means www.chatterbugs.net and any other website/s authorised by Chatterbugs which link to these Terms.
1.5 “Products” means collectively the Free Products and Paid For Products;
“you” or “your” means you, the registered holder of the User Account (as described in paragraph 6.1) and licensee under these Terms.
1.6 Your agreement with Chatterbugs.net is made up of the terms and conditions set out in this document, together with any fair usage policies described in this document (collectively the “Terms”). To the extent of any inconsistency between the fair usage policies and this document, this document shall take precedence.
2. ACCEPTANCE OF THE TERMS
2.1 In order to download and/or use the Software, Products and/or Chatterbugs.net Website you must first accept these Terms. These Terms are accepted by you (a) when you click to accept or agree to the Terms; or (b) when you download and/or use the Software, Products and/or Chatterbugs.net Website/s. We advise you to print a copy of these Terms for your records. You can also download a copy of the Terms applicable to your purchases from your account page on www.chatterbugs.net. These Terms remain effective from the date of acceptance until terminated by you or Chatterbugs.net in accordance with paragraph 11.
2.2 You cannot accept these Terms if: (a) you are not lawfully entitled to use the Software, Products and/or Chatterbugs.net Website/s in the country in which you are located or reside or (b) if you are not of legal age (18) to form a binding agreement with Chatterbugs.net. If you are under 18, one of your parent's need to register you.
3. CHANGES TO THE TERMS
3.1 Chatterbugs.net may make changes to these Terms from time to time. Chatterbugs.net will publish the changes at www.chatterbugs.net. Changes to the fair usage policies and/or Additional Terms will be posted on the applicable Chatterbugs.net Website. The changes will be effective when published. Please review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your use of the Software, Products and/or Chatterbugs.net Website after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with Chatterbugs.net in accordance with paragraph 11 below.
4.1 Licence. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable, license to use and or download and install the Software on a personal computer, mobile phone or other device; and personally use the Software or website through your individual Chatterbugs.net user account, acting as an individual and not as a business entity (“User Account”).
4.2 Restrictions. You may not and you agree not to:
(a) sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Software or your website account;
(b) undertake, cause, permit or authorise the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by law);
(c) remove, obscure or alter any copyright notices or other proprietary notices included in the Software;
(d) use the Software or cause the Software (or any part of it) to be used within or to provide commercial products or services to third parties. The foregoing shall not preclude you using the Software for your own business communications, subject to paragraph 4.1 above;
(e) other than for the purposes of download and installation, use the Software except through your User Account.
4.3 Other Technology. If you are using Software pre-loaded on, embedded in, combined, distributed or used with or downloaded onto other products, hardware, software applications, programs or devices (“Other Technology”), you agree and acknowledge that: (a) you may be required to (i) enter into a separate licence agreement with; and/or (ii) purchase a subscription from; and/or (iii) pay a fee, to the relevant third party owner or licensor for the use of such Other Technology; (b) some Products and/or functionality may not be accessible through the Other Technology and (c) Chatterbugs.net cannot guarantee that the Software shall always be available on or in connection with such Other Technology.
4.4 Third Party Notices. The Software and Chatterbugs.net Website/s may include third party code that Chatterbugs.net, not the third party, licenses to you under this agreement. Notices, if any, for the third party code are included for your information only. Third party scripts, linked to, called or referenced from the Software, are licensed to you by the third parties that own such code, not by Chatterbugs.net.
5. USE OF THE SOFTWARE AND PRODUCTS AND CHATTERBUGS.NET WEBSITE
5.1 Equipment: In order to use the Software and the Products you will need an Internet broadband connection. You are responsible for providing all equipment required to access the Internet or enable communications such as headsets, microphones and webcams. Connecting to the Internet via a corporate or other private network which masks your location may cause charges to be different from those displayed for your actual location.
5.2 Use of Your Equipment: The Internet Communications Software may use the processing capabilities, memory and bandwidth of the computer (or other applicable device) you are using, for the limited purpose of facilitating the communication and establishing the connection between Internet Communications Software users. If your use of the Internet Communications Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your licence to use the Internet Communications Software is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent.
5.3 Updates to the Software: Chatterbugs.net may automatically check your version of the Chatterbugs.net Software. We may also automatically download configuration changes and updates to the Software from time to time. You may be required to update the Software in order to continue using Chatterbugs.net. You agree to accept such updates subject to these Terms unless other terms accompany the updates. If you do not agree, please discontinue use of and uninstall the Software. Chatterbugs.net is not obligated to make any updates available and does not guarantee that we will continue to support the version of the operating system or device for which you licensed the Software or that updated Software will be compatible for use with end users running older versions of the Software. Updates may be required to maintain software compatibility, provide security updates or bug fixes, or offer new features, functionality or versions.
5.4 Suspension, technical improvement and maintenance: From time to time, Chatterbugs.net may need to perform maintenance on or upgrade the Software, Products or Chatterbugs.net Website/s or the underlying infrastructure that enables you to use the Software, Products or Chatterbugs.net Website/s. This may require Chatterbugs.net to temporarily suspend or limit your use of some or all of the Software, Products or Chatterbugs.net Website/s until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, Chatterbugs.net will publish the time and date of such suspension or limitation on the Chatterbugs.net Website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of any Software, Product or Chatterbugs.net Website.
5.5 Content of Communications: Chatterbugs.net is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Software, including but not limited to any media that is shared through our communication features. By using the Software, you grant Chatterbugs.net an intellectual property license to use the content of communications to provide the Products, for example to transmit your communication to the intended recipient.
Chatterbugs.net reserves the right to review content submitted on or through the Software, Products and Chatterbugs.net Website/s for the purpose of enforcing these Terms. Chatterbugs.net may, in its sole discretion, block or otherwise prevent delivery of any instant message, SMS, video, media, or other communication to or from the Software, Products and Chatterbugs.net Websites as part of our efforts to protect the Software, Products, Chatterbugs.net Website/s or our customers, or to otherwise enforce these Terms. The following rules apply to your conduct and content when using the Software, Products and Chatterbugs.net Website/s:
(a) Do not use the Software, Products or Chatterbugs.ent Website/s to do anything illegal. You are responsible for your actions and the consequences of your actions.
(b) Do not send spam or use your account to help others send spam. Spam is unsolicited bulk email, calls, instant messages, other communications and bulk contact requests.
(c) Do not upload, download or share inappropriate images (e.g. nudity, bestiality, pornography).
(d) Do not upload or share images or engage in any activity that exploits or harms children.
(e) Do not engage in activity that is false or misleading (e.g. attempting to ask for money under false pretenses or impersonating someone else).
(f) Do not engage in activity that is harmful to our Software, Products, Chatterbugs.net Website/s or their users (e.g. viruses, stalking, engaging in hate speech, advocating violence against others).
(g) Do not infringe upon the legal rights of others (e.g. unauthorized sharing of copyrighted music, photographs and other content).
(h) Do not engage in activity that violates the privacy of others.
(i) Do not circumvent, disable or otherwise interfere with the security related features of the Software, Products or Chatterbugs.net Website/s or features that prevent or restrict the use of any content.
We may ask you to remove your content if it violates these Terms or the law. Failure to comply may result in loss of access to, or cancellation of, your User Account. Additionally, Chatterbugs.net may remove your content without asking you if we determine it is in violation these Terms or the law or if we receive a notice of intellectual property infringement from a third party.
5.6 Notice and Take-Down: If Chatterbugs.net receives any notification that any material that you post, upload, edit, host, share and/or publish on the Chatterbugs.net Website or through the Software (excluding your private communications) (“User Submission”) is inappropriate, infringes any rights of any third party, or if Chatterbugs.net wishes to remove your User Submission for any reason whatsoever, Chatterbugs.net reserves the right to automatically remove such User Submission for any reason immediately or within such other timescales as may be decided from time to time by Chatterbugs.net in its sole discretion. The User Submission shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that Chatterbugs.net is under no obligation to put back such User Submission at any time. If User Submissions infringe, or if you believe that User Submissions infringe any of your rights (including intellectual property rights) or are unlawful, please contact us immediately at firstname.lastname@example.org. Chatterbugs.net reserves the right to ask for verification of your identity and to seek further information to verify your complaint. You agree that you are solely responsible for the consequences resulting from your complaint (including but not limited to removal or blocking of the User Submission) and you acknowledge and agree that any complaint may be used in court proceedings. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability.
5.7 Quality: Chatterbugs.net cannot guarantee that the Software, Products or Chatterbugs.net Website/s will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Software, Products (depending on the Products used) or Chatterbugs.net Website/s, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. Chatterbugs.net takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
5.8 Changes to Products: Chatterbugs.net is constantly improving the Software and Products and may change them at any time. Additionally, there are reasons why Chatterbugs.net may stop providing the Software and Products (or portions thereof) including (without limitation) that it is no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, external issues arise that make it imprudent or impractical to continue, or any reason set out in paragraph 11.2. As a result of such changes, you may need to use an upgraded version of the Software. Technical requirements for use of Products and Software and feature descriptions are available on the Chatterbugs.net Website. If you do not agree with any changes to Software and Products you may terminate your relationship with Chatterbugs.net in accordance with paragraph 11. You may need to upgrade to a new version in order to enjoy the benefit of certain Products. In addition, you acknowledge and agree that certain Products may be subject to usage limits or geographical restrictions, which may vary from time to time. Please check the Chatterbugs.net Website for details of the most up-to-date usage restrictions that apply to the Products that you are using.
5.9 Unsolicited Ideas: Chatterbugs.net does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Unsolicited Feedback”). If you send any Unsolicited Feedback to Chatterbugs.net through the Chatterbugs.net Website or otherwise, you acknowledge and agree that Chatterbugs.net shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.
5.10 Reports: Certain parts of the Chatterbugs.net Website/s or the Software may ask for written suggestions or problem reports such as using our contact form or problem report form (“Reports”). Please read carefully any specific terms, which govern those Reports. The Reports shall be deemed the property of Chatterbugs.net. Chatterbugs.net shall exclusively own all now known or hereafter existing rights to the Reports throughout the universe in perpetuity and shall be entitled to use the Reports for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Reports. Any Reports you send to Chatterbugs.net will not be treated as confidential and Chatterbugs.net shall not be liable for any disclosure of the Reports.
5.11 Linking: You may link to the Chatterbugs.net Website from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by Chatterbugs.net where none exists. You may not frame the Site on any other site. Chatterbugs.net may revoke the permission to link to the Chatterbugs.net Website/s at any time at its sole discretion and will notify you in this respect.
6. YOUR OBLIGATIONS
6.1 User Account: Prior to your first use of the Chatterbugs.net Software, you will be asked to create a User Account and choose a user ID and password. We recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. You may only use the Software through your User Account. You are solely responsible and liable for all activities conducted through your User Account. To prevent unauthorised use, you shall keep your password confidential and shall not share it with any third party or use it to access third party websites or services. If you suspect that someone else knows your password, then you shall immediately change it in order to protect the security of your User Account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. Chatterbugs.net takes no responsibility for your failure to comply with the obligations in this paragraph 6.1.
6.2 Lawful Use: You must use the Software, Products and Chatterbugs.net Website/s in accordance with the laws of where you are located. In some countries there are restrictions on the download and use of the Software, Products and/or Chatterbugs.net Website/s. It is your responsibility to ensure that you are legally allowed to use the Software, Products and/or Chatterbugs.net Website/s where you are located.
6.3 Prohibited Use: You may not:
(a) intercept or monitor, damage or modify any communication which is not intended for you;
(b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Software, Products, Chatterbugs.net Website/s, communication or protocols;
(c) send unsolicited communications (also referred to as “SPAM”, “SPIM” or “SPIT”) or any communication not permitted by applicable law or use the Software, Products or Chatterbugs.net Website/s for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
(d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
(e) use the Software, Products or Chatterbugs.net Website/s to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or
(f) use (including as part of your User ID and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a licence or permission from the owner of such rights; or
(g) collect or harvest any personally identifiable information, including account names, from the Software, Products or Chatterbugs.net Website/s;
(h) impact or attempt to impact the availability of the Software, Products or Chatterbugs.net Website/s for example, with a denial of service (DOS) or distributed denial of service (DDoS) attack;
(i) use or launch any automated system, including without limitation, robots, spiders or offline readers that access the Software, Products or Chatterbugs.net Website/s. Notwithstanding the foregoing, you agree that Chatterbugs.net grants to the operators of public search engines permission to use spiders to copy materials from the Chatterbugs.net Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Chatterbugs.net reserves the right to revoke these exceptions at any time.
6.4 User Submissions: Please exercise respect when participating in any features of the Chatterbugs.net Website/s or Software such as Forums, Blogs, email functions, video hosting, sharing and/or publishing or any other function on the Chatterbugs.net Website/s or of the Chatterbugs.net Software which allows you to post, upload, edit, host, share and/or publish content. You acknowledge and agree that: (i) by using the Chatterbugs.net Website/s and/or Software you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and Chatterbugs.net has no responsibility to you or any third party for any User Submissions that you create, submit, post or publish on the Chatterbugs.net Website/s or through the Software; (iii) Chatterbugs.net does not guarantee any confidentiality with respect to User Submissions, whether or not they are published (iv) Chatterbugs.net is not responsible for any User Submissions that you may have access to through your use of the Chatterbugs.net Website/s or Software and all User Submissions are the responsibility of the person from whom such User Submissions originated. Chatterbugs.net does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions.
In connection with your User Submissions, you represent and warrant that you
(i) own or have the necessary licenses, rights, consents, and permissions to use and authorise Chatterbugs.net to use all copyrights, trade marks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all User Submissions in accordance with these Terms; and
(ii) you have the written consent, release and /or permission of each and every identifiable individual person in the User Submission to use the name and/or likeness of each and every such individual in the User Submission, to enable inclusion and use thereof in the manner contemplated by these Terms. You shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any third party or source (“Third Party Content”) without specific permission from the owner. Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use. You must not use any Third Party Content without first obtaining the permission of the owner of the intellectual property rights in such content.
You may not submit or publish through the Chatterbugs.net Website or Software any User Submissions that are libelous, defamatory, pornographic, harassing, hateful, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights or a trade secret of a third party, or would otherwise violate the rights of any third party or give rise to civil or criminal liability. Furthermore, you may not submit or publish User Submissions that contain falsehoods or misrepresentations, solicit funds or services, contain advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, impersonate others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any users of the Chatterbugs.net Website or Software with respect to their User Submissions. You agree not to circumvent, disable or otherwise interfere with the security related features of the Chatterbugs.net Website or Software or features that prevent or restrict the use of any content thereof.
6.5 Your Information: From time to time, Chatterbugs.net may request information from you for the purpose of supplying the Software or Products to you. You shall ensure that any such information (including, where applicable, your billing information) is complete, up-to-date and accurate.
6.6 No Reselling. The Software and Products are for your individual use. You shall not resell or commercialise the Software and/or Products to any third party.
6.7 Export Restrictions: The Software may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Software as well as end-user, end-use, destination restrictions issued by national governments or similar bodies, and restrictions on embargoed nations.
7. PROPRIETARY RIGHTS
7.1 The Software, Products and Chatterbugs.net Website/s contain proprietary and confidential information that is protected by intellectual property laws and treaties.
7.2 The content and compilation of content included on the Chatterbugs.net Website/s, (excluding User Submissions) such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of Chatterbugs.net, its affiliates or licensors and are protected by international copyright laws. Such copyright protected content cannot be reproduced without Chatterbugs.net express permission. Chatterbugs.net reserves all rights not expressly granted in the Chatterbugs.net Website/s.
7.3 Chatterbugs.net and/or its licensors retain exclusive ownership of the Software, Products and Chatterbugs.net Websites and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardise, limit or interfere with Chatterbugs.net intellectual property rights in the Software, Products and/or Chatterbugs.net Websites.
7.4 “Chatterbugs.net”, associated trademarks and logos are trademarks of Chatterbugs.net. Chatterbugs.net has registered and filed applications to register its trademarks in many countries worldwide. Chatterbugs.net trademarks and trade dress may not be used in connection with any product or service that is not Chatterbugs.net, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Chatterbugs.net. All other trademarks not owned by Chatterbugs.net or any of its related companies that appear on this site are the property of their respective owners. You are not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of Chatterbugs.net intellectual property (in whole or part) or that is confusingly similar thereto.
8.1 Charges for other Paid For Products: The charges for other Paid For Products will be confirmed to you before you complete a purchase from Chatterbugs.net. Chatterbugs.net may change the charges payable for the purchase of such Products at any time without any notice to you. You can choose whether or not to accept the new charges prior to completing your next purchase of the applicable Product. The new charges will apply to your next purchase after the new charges have been published.
8.2 Promotional Offers: From time to time, Chatterbugs.net may offer Paid-For Products for free for a trial period. Chatterbugs.net reserves the right to charge you for such Products (at the normal rate) in the event that Chatterbugs.net determines (in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other devices or anonymous IP address that prevents us from locating you.
8.3 Tax: All prices for Paid For Products are inclusive of applicable taxes, including VAT, unless otherwise stated. You explicitly waive any right to VAT reimbursement from Chatterbugs.net if the amount of VAT ultimately payable by the latter to the tax authorities would for any reason be lower than the amount of VAT collected from you.
8.4 Third-Party Charges: Using the Software on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
Recurring Payments. Where you purchase Products on a subscription basis (monthly, every 3 months or annually (as applicable), you acknowledge and agree that this is a recurring payment and payments shall be made to Chatterbugs.net by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Product is terminated by you or by Chatterbugs.net.
10. REFUND POLICY
10.1 When you purchase Paid-For-Products directly from Chatterbugs.net you will not be entitled to a refund as your subscription come swith a one month free trial period. Should you pay in advance or renew your subscription and then wish to cancel, no payments or portions thereof are refundable.
10.2 If you believe that Chatterbugs.net has charged you in error, you must contact Chatterbugs.net Customer Services within 90 days of such charge. No refunds will be given for any charges more than 90 days old.
10.3 Chatterbugs.net reserves the right to refuse a refund request if it reasonably believes (i) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same Product; (ii) if you are in breach of these Terms or (iii) if Chatterbugs.net reasonably suspects that you are using our Products or Software fraudulently or that your User Account is being used by a third party fraudulently.
10.4 This refund policy does not affect your statutory rights.
11. ENDING YOUR RELATIONSHIP WITH CHATTERBUGS
11.1 You may terminate your relationship with Chatterbugs.net at any time and without recourse to the courts by requesting closure of your User Account, ceasing to use the Software, Products and/or Chatterbugs.net Websites and cancelling any recurring payments.
11.2 Chatterbugs.net may terminate its relationship with you, or may terminate or suspend your use of the Software, User Account(s), Products or Chatterbugs.net Website/s at any time and without recourse to the courts:
(a) if you are in breach of these Terms;
(b) if Chatterbugs.net reasonably suspects that you are using the Software, the Products and/or Chatterbugs.net Website/s to break the law or infringe third party rights;
(c) if Chatterbugs.net reasonably suspects that you are trying to unfairly exploit or misuse the refund policy, or any of our policies.
(d) if Chatterbugs.net reasonably suspects that you are using our Products, Software and/or Chatterbugs.net Websites fraudulently or that your User Account is being used by a third party fraudulently;
(e) if Chatterbugs dems, in its sole discretion, that the user is unsuitable to have an active account or subscription.
(f) in respect of a particular Product, on thirty (30) days notice if Chatterbugs.net decides to cease offering that Product;
(g) immediately, if (in Chatterbugs.net reasonable discretion) required due to a change in or adverse interpretation of laws/regulation or where required by a regulator or authority with a lawful mandate, or by any of Chatterbugs.net partners;
(h) on thirty (30) days notice if Chatterbugs.net decides to cease offering the Software to users in your jurisdiction generally.
11.3 Chatterbugs.net shall effect such termination by preventing your access to your User Account, the Software, Products and/or Chatterbugs.net Website/s (as applicable).
11.4 Consequences of Termination: Upon termination of your relationship with Chatterbugs.net: (a) all licenses and rights to use the Software, Products and/or Chatterbugs.net Website/s shall immediately terminate; (b) you will immediately cease any and all use of the Software, Products and/or Chatterbugs.net Websites; and (c) you will immediately remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.
12. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
12.1 For the purposes of this paragraph 12, " Chatterbugs.net " includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.
12.2 No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFTWARE, PRODUCTS AND CHATTERBUSG.NET WEBSITES ARE PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; CHATTERBUGS.NET DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE, PRODUCTS AND/OR CHATTERBUGS.NET WEBSITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. SKYPE FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, PRODUCTS AND/OR CHATTERBUGS.NET WEBSITES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES CHATTERBUGS.NET WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SOFTWARE.
12.3 Nothing in these Terms shall exclude or restrict Chatterbugs.net liability for (a) death or personal injury, (b) loss resulting from Chatterbugs.net wilful default or gross negligence, (c) fraud or deliberate misrepresentation, or (d) any liability which cannot be limited or excluded by applicable law.
12.4 No Liability: YOU ACKNOWLEDGE AND AGREE THAT CHATTERBUGS.NET WILL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO CHATTERBUGS.NET, IN CONNECTION WITH OR ARISING FROM YOUR USE OF CHATTERBUGS.NET WEBSITES, OR THE INTERNET COMMUNICATIONS SOFTWARE OR OTHER SOFTWARE THAT IS PROVIDED FREE OF CHARGE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SOFTWARE AND/OR CHATTERBUGS.NET WEBSITES IS TO IMMEDIATELY DEINSTALL SUCH SOFTWARE AND CEASE USE OF SUCH SOFTWARE AND/OR CHATTERBUGS.NET WEBSITE/S.
12.5 Limitation of Liability: Subject to paragraphs 12.3 and 12.4 above, Chatterbugs.net shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to Chatterbugs.net, for:
(a) any indirect, special, incidental or consequential damages; or
(b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or
(c) any damage to or corruption of data (whether direct or indirect);
(d) any claim, damage or loss (whether direct or indirect ) arising from or relating to:
(i) your inability to use the Software, including any Enabled Versions, to contact Emergency Services;
(ii) your failure to provide accurate physical location information to an Emergency Services operative; or
(iii) conduct of third party Emergency Services operatives and calling centres to which you may be connected.
(e) any claim, damage or loss (whether direct or indirect) arising from or relating to:
(i) any product or service provided by a third party under their own terms of service, including without limitation, Chatterbugs.net WiFi;
(ii) any Other Technology;
(iii) any third party website.
12.6 Subject to paragraphs 12.3 - 12.5 above, Chatterbugs.net total liability to you under or in connection with these Terms (whether in contract, tort (including negligence) or any other theory of liability) SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCTS IN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM.
12.7 If any third party brings a claim against Chatterbugs.net in connection with, or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); (iv) your User Submissions or (v) your complaint in relation to any User Submission, you will indemnify and hold Chatterbugs.net harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.
13. YOUR CONFIDENTIAL INFORMATION AND YOUR PRIVACY
14. HOW TO CONTACT CHATTERBUGS.NET
14.1 To contact Chatterbugs.net in relation to the Chatterbugs.net Software or “Chatterbugs.net” branded Products, please submit a support request to email@example.com.
14.2 If you contact Chatterbugs.net by any means other than as set out in paragraph 14.1, your request may not be acknowledged.
15.1 You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with Chatterbugs.net.
15.2 These Terms constitute the entire agreement between you and Chatterbugs.net with respect to your use of the Software, Products and/or Chatterbugs.net Website/s and replace any prior agreements between you and Chatterbugs.net with respect to the Software, Products and/or Chatterbugs.net Website/s.
15.3 If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction or an arbitrator to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.
15.4 The failure by Chatterbugs.net to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of Chatterbugs.net right or remedy. If Chatterbugs.net waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.
15.5 You may not assign these Terms or any rights or obligations contained in them. Chatterbugs.net may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.
15.6 This paragraph 15, along with paragraphs, 4.2, 12, and any other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.
15.7 You acknowledge and agree that if Chatterbugs.net is unable to provide the Software, Products and/or Chatterbugs.net Websites as a result of a force majeure event, Chatterbugs.net will not be in breach of any of its obligations towards you under these Terms. A force majeure event means any event beyond the control of Chatterbugs.net.
15.8 These Terms shall be governed by and interpreted in accordance with the laws of Luxembourg and shall be subject to the jurisdiction of the courts of the district of Randburg, South Africa.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE OR USE THE SOFTWARE, PRODUCTS AND/OR CHATTERBUGS.NET WEBSITES, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO CHATTERBUGS.NET THE RIGHTS SET FORTH HEREIN.