|Terms of Service|
1. ACCEPTANCE OF TERMS
BlastChat provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.blastchat.com/w3c/terms.html.
2. DESCRIPTION OF SERVICE
BlastChat provides users with access to a rich collection of resources, including various communications tools, forums and other through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for BlastChat to provide the Service. You also understand and agree that the Service may include certain communications from BlastChat, such as service announcements, administrative messages and that these communications are considered part of BlastChat membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that BlastChat assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BlastChat has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BlastChat has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You also agree to create visible URL link to BlastChat client on your frontpage (website) and allow public access to it.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify BlastChat of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. BlastChat cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not BlastChat, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. BlastChat does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BlastChat be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
You acknowledge that BlastChat may or may not pre-screen Content, but that BlastChat and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, BlastChat and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by BlastChat or submitted to BlastChat, including without limitation information in BlastChat Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that BlastChat may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of BlastChat, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by BlastChat and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
You can use your registeration at BlastChat site only for a purpose of using BlastChat service.
It is not allowed to create URL link from other website to BlastChat site for purpose other then using BlastChat service, unless you acquire written permission to do so by BlastChat service owner.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
BlastChat does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant BlastChat the following world-wide, royalty free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of the BlastChat network of properties that are intended by BlastChat to be available to the general public. By way of example, publicly accessible areas of the Service would include BlastChat Message Boards and portions of BlastChat Groups, Photos and Briefcase that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of BlastChat Groups that are limited to members, BlastChat services intended for private communication such as BlastChat Mail or BlastChat Messenger, or areas off of the BlastChat network of properties such as portions of World Wide Web sites that are accessible through via hypertext or other links but are not hosted or served by BlastChat.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BlastChat SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, 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 BlastChat HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
10. EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS 8 AND 9 MAY NOT APPLY TO YOU.
11. PRICING POLICY
All product pricing is subject to change at any time, and without notice. Any previously purchased products, whether unused, or as part of a package, will NOT be affected by any price changes.
12. PAYMENTS AND REFUND POLICY
At this time BlastChat accepts these forms of payment: Google Checkout, PayPal. Billing occurs at the time of or shortly after your transaction.
You agree that you will pay for all products you purchase through BlastChat, and that Google Checkout or PayPal may charge your credit card for any products purchased. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING Google Checkout or PayPal WITH VALID CREDIT CARD DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card you designate during the Google Checkout or PayPal process.
Prices for products offered via BlastChat may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
Products are not subject to any return policy whatsoever, and all sales are FINAL. No product comes with any warranty or guarantee, implied or otherwise. All other refund requests will be subject to the SOLE DISCRETION of BlastChat.
Any refund, if we choose to oblige, will be given in the form of site credits to be used within a period of 90 days from date granted. Violating our Terms of Service disqualifies you from being eligible for any Refunds Being Considered.