Emerald Chat Terms of Service Agreement
Last Updated: 2024-10-31
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET FORTH IN SECTION 9 BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH EMERALD CHAT ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
1. Applicability and Acceptance of These Terms
This Terms of Service Agreement (“Agreement” or “Terms”) is a legal agreement between you and Emerald Chat/Connected Software Inc. (“Emerald Chat,” “we,” or “us”). By accessing or using the Emerald Chat website, currently located at emeraldchat.chat (the “Site”), or any apps or other services offered or operated by Emerald Chat (collectively, the “Services”), or by checking a box or clicking a button signifying your acceptance of these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not access or use any of the Services.
When using the Services, you will be subject to Emerald Chat’s Community Guidelines (“Community Guidelines”) found here, and any additional guidelines, policies, or rules posted on the Services or otherwise made available or disclosed to you (collectively, the “Rules”). All such guidelines, policies, and rules are incorporated into these Terms by this reference.
2. Use of the Services by Minors and Banned Persons
The Services are not available to, and shall not be accessed or used by, persons under the age of 18. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE.
The Services are also not available to, and shall not be accessed or used by, any users previously blocked or otherwise banned from accessing or using the Services.
3. Limited License to Use the Services
Subject to your compliance with these Terms and all other applicable Rules, including but not limited to the Community Guidelines, you are granted a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services solely for your personal and non-commercial use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Emerald Chat or its licensors, except for licenses and rights expressly granted in these Terms. Emerald Chat can terminate this license as provided in Section 10 below.
You are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Services. You agree that you will comply with these Terms and the Community Guidelines and will not, and will not assist or enable others to:
- Breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or our Terms or Rules.
- Use the Services for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Emerald Chat’s endorsement, partnership, or otherwise misleads others as to your affiliation with Emerald Chat.
- License, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services.
- Use, display, mirror, or frame the Services or any individual element within the Services, the Emerald Chat name, any Emerald Chat trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without Emerald Chat’s express written consent.
- Use any robots, spider, crawler, scraper, or other automated means or processes to access, collect data, or otherwise interact with the Services for any purpose.
- Modify, make derivative works of, attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.
Neither the above restrictions nor the Community Guidelines, the Rules, or anything else in the Terms, shall be construed to create any rights enforceable by users, whether as third-party beneficiaries or otherwise. Emerald Chat has the right, but not the obligation, to enforce any of the foregoing.
4. User Content and Conduct; User Disputes
The Services provide communication channels designed to enable users to communicate with other users. Emerald Chat does not exert any control over the individuals you interact with, even if you select the “interest matching” chat option or the college student chat option, which Emerald Chat may offer. Emerald Chat has no obligation to monitor these communication channels but may, at its discretion, do so in connection with providing the Services. Emerald Chat may also terminate, suspend or ban your access to and use of the Services at any time, without notice, for any reason in its sole discretion.
You are solely responsible for your interactions with other users of the Services and other parties that you come in contact with through the Services. To the fullest extent permitted by applicable law, Emerald Chat disclaims any and all liability to you or any third party relating to your use of the Services. Emerald Chat does not owe you any duty to protect you from the acts of other users or other third parties.
Parental control protections are available and may assist you in limiting minors’ access to materials that may be harmful or inappropriate for minors. Websites such as https://www.connectsafely.org/controls/ provide information about such protections.
5. Intellectual Property Rights
The Services, including all associated intellectual property rights, are the exclusive property of Emerald Chat and/or its licensors or authorizing third parties. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.
6. Assumption of Risk and Disclaimer of Warranties
You acknowledge and agree that use of the Services, including your interactions with other users, may carry inherent risk, and by accessing and using the Services, you assume those risks voluntarily.
No Warranties. Emerald Chat provides the Services on an “as is,” “as available,” and “with all faults” basis, without warranty of any kind. Emerald Chat disclaims all warranties and conditions, express or implied, to the fullest extent permitted under applicable law.
7. Limitation of Liability
Emerald Chat shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages arising from or in connection with these Terms or your use of or inability to use the Services, to the fullest extent permitted by law. Emerald Chat’s aggregate liability shall not exceed U.S. $100.00.
8. Indemnification
You agree to release, defend, indemnify, and hold Emerald Chat harmless from any claims arising out of your breach of these Terms or use of the Services.
9. Dispute Resolution: Agreement to Arbitrate
You and Emerald Chat mutually agree to resolve any disputes through binding individual arbitration, waiving rights to a jury trial or class action.
10. Term, Termination, and Survival
This Agreement remains effective while you use the Services. Emerald Chat may terminate this Agreement without notice for any reason in its discretion.
11. General
- Privacy Policy: Please refer to Emerald Chat’s Privacy Policy at https://emeraldchat.chat.
- Contact for Law Enforcement:
Emerald Chat/Connected Software Inc.
600 N Broad Street, Suite 5 #1198
Middletown, Delaware 19709, United States