By registering with the video chat (hereinafter referred to as “Application”) you affirm that you have read and agree to be bound by all of the terms and conditions of this agreement (hereinafter referred to as “Agreement”).
The Application is owned by Badanga Ltd. (hereinafter referred to as “Company”). You should carefully read the agreement and agree to its terms and conditions before you get access to the Application. We draw your attention to the fact that careless reading of the following conditions of this Agreement shall not relieve you from obligation to comply with the terms of this Agreement.
Your use of this Application constitutes your implicit agreement to comply with the terms of this Agreement. You also agree to ensure compliance with the terms of this Agreement by any person using the Application on your PC.
The Company reserves the right to redesign the official website of the Application and the Application itself, the Contents of the Application, a list of services, change and/or add the software tools and Applications used by or stored on web servers and Application servers, any server Applications, at any time, without notice to users.
The Company reserves the right to revise this Agreement and make changes to the Agreement at any time without notice to users. Your continued use of the Application will be deemed your unconditional acceptance of such changes. The changes are effective upon posting the latest version of this Agreement at http://coomeet.com/en/agreement. The most current version of this Agreement will be available on the Internet at: http://coomeet.com/en/agreement
The Company may choose to restrict certain Application features and/or restrict a partial or full access to the Application without any prior notice and further obligation to the Company.
Even after this Agreement is terminated, certain provisions will remain in effect, namely, including the preamble and paragraphs 2, 7, 8, 9 and 12 of this Agreement.
1. General provisions1.1. You must be 18 (eighteen) or over to register as a user of or use this Application.
1.2. The registration of specifically defined groups of persons shall be considered void if their registration is prohibited by law.
1.3. By using the Application you represent and warrant the following:
1.3.1. That you have the right, authority and capacity to enter into this Agreement and to abide by all the terms and conditions of this Agreement;
1.3.2. That you are already considered a person of full age according to the laws of your country/ republic/ commonwealth/ kingdom and the country you currently live in;
1.3.3. In case if another user of the Application goes before you half-naked or nude in front of the camera or send you visual images of any kind and/or descriptions of nudity, verbal and written descriptions and/or audio-video content of frankly erotic/pornographic nature, you will immediately notify the Application Administration regarding the above mentioned by clicking on the “Abuse” button and break off any relationship with this User.
1.4. The Application Administration and Company representatives are allowed to send messages and use the e-mail that you have specified in your Application Private office for personal correspondence as well as for marketing purposes.
1.5. The Application and all its services are provided “AS-IS”, without any warranty of any kind, either director implied. The Company disclaims all warranties either direct or implied, including any implied warranties of warranties of satisfactory quality, fitness for a particular purpose as well as any warranty of non-infringement of any type of intellectual property.
2. The Application2.1. The Application is available to all Application registered users.
2.2. You must use the Application and its services in accordance with all applicable laws and regulations.
2.3. You agree not to use any device or software to inflict any damage on the Application and to evade the normal procedure, to interfere or attempt to interfere with the work process of the Application.
2.4. You agree not to take any action that will impose an excessive or disproportionately heavy load on our server.
You agree to inform the Company if you somehow get the information concerning the cyber criminals to prepare attack against the Application.
2.5. You are not entitled to be engaged in advertising or persuading other registered Application users to buy or sell any products or services.
2.6. You can use the available parental control tools (software for blocking and filtering specific applications and resources) in order to limit the minors’ access to the Application.
2.7. The Application users and other persons close to the Application users are forbidden to go half-naked or nude in front of the camera, expose their genitals in the video camera, send other Application users any kind of visual images and descriptions of nudity as well as verbal and written descriptions and audio-video content of an erotic/pornographic nature.
2.8. All Application users are to follow the chat rules (hereinafter referred to as “Chat Rules”). Chat Rules are available on the Internet at: http://coomeet.com/en/chatrules
2.9. In case if another Application user goes online half-naked or nude and/or if you get any content listed in paragraph 1.3.3 of this Agreement, you represent and warrant that:
2.9.1. You will not allow persons under the age of majority to access any content listed above or to see the half-naked/nude Application users.
2.9.2. You will immediately notify the Application Administration regarding a violator by clicking on the “Abuse” button and break off any relationship with the violator.
2.10. You agree that you will not allow minors to use the Application and will not allow minors to communicate through the Application, or perform any other actions, which can be done through the Application.
2.11. You represent and warrant that you will not use the Application in places, countries or regions where such action could be considered as a violation of any law, regulation, rule, resolution, decree or custom at a given instant or in future.
2.12. You represent and warrant that you will not record any personal conversations and other confidential information and upload it to the Internet and/or disclose it in any other way if it is unrelated to the commission of a crime of any severity.
2.13. You represent and warrant that you will not use and/or view the content listed in paragraph 1.3.3 of this Agreement.
2.14. You acknowledge that you understand and realize that the Company, including its officers and employees, does not legalize the half-naked or nude appearance of Application users, as well as access, view, download, copy, receipt, transmission, broadcasting or other use of content listed in paragraph 1.3.3 of this Agreement, by any person, including you.
2.15. You agree not to file claims or lawsuits, which can arise because of the use of the Application, to the Company, including its officers and employees.
3. Guest Account and Application Access3.1 A user automatically gets a guest account by browsing through the website that contains the Application.
3.2 Guest account provides access to the Application in order to introduce the Application’s functions and does not expect a free automatic replenish of the user’s account balance with a Settlement Currency Unit.
3.3. Those users who have a guest account can replenish their account balance and use the Application without going through registration procedure and providing their personal data to the system.
3.4 The Company does not guarantee that the user will get the same guest account as one got last time in case of subsequent transitions, which are made from one and the same device that provides access to the Internet, to the website that contains the Application.
In case you have previously replenished your guest account balance, but you got another guest account during a subsequent transition to the website that contains the Application, you can sent a request to the Application Administration through using this feedback form and get the access to the same guest account you had before by providing your payment details. In order to provide access to a specific guest account the Application Administration reserves the right to update your guest account details with password and e-mail address that you have specified in yourrequest. The specified email address and password can be modified at any time without giving notice to the Application Administration.
3.5 Users have the right to update the guest data to their personal data through using the "Private office" section. In this case the Application access will be granted depending on the user provided data.
3.6 You can contact us through this feedback form in case you experience any problems regarding the Application access. You agree that the Application Administration is entitled to undertake all the necessary measures including changing the account email address (email address that you specify in your request is also included) and password in order to provide access to a specific account.
4. Monitoring4.1. In order to avoid violations of the provisions stipulated under this Agreement the Application automatically monitors the image transmitted via users' video camera getting a report every 2 minutes.
5. Payments / Refunds / Termination of service5.1. Settlement Currency Unit of the Application is a coin (hereinafter referred to as “Coin”).
5.2. You should have a certain number of Coins on your balance in order to get access and use some parts of the Application. The Company does not guarantee that the Coins, which are available on your account balance, will allow you to get the full Application access and you agree that the Company does not accept any liability for such unavailability or for changing the amount of Coins required to get access to the Application.
5.3. There are several ways to replenish the account balance. The ways of account replenishment can be changed. You agree that the Company is not liable to you for changing the replenishment methods.
The minimum amount of money you can replenish your Application account with is determined according to the chosen replenishment method and may also be changed from time to time. You agree that the Company shall not be liable to you or other Application users for any changes made to replenishment methods list, or any changes made to the minimum amount of Coins to be deposited to the Application account balance.
5.4. The Application service fee is 0.5 Coin per day. With a balance of less than 0.5 Coin the amount currently available on your balance will be deducted from your account. The deficient amount will not be deducted after the next balance replenishment.
5.5 The funds deposited to your Application account balance cannot be refunded.
5.6. Access subscription renewal will be automatically activated for users making credit card or SMS payment (SMS subscription is available only for Russian Federation citizens that use specific mobile operators).This means that your credit card and/or mobile phone will be automatically charged the money to extend the Application access subscription. In case you wish not to use the subscription, you will need to contact us through this feedback form and let us know you want to cancel the subscription.
5.7. If you disagree with the amount deducted from your credit card you agree to contact to the Application Administration before you contact the credit card issuer company to cancel the payment (chargeback). You agree to contact us by filling out this feedback form and specify the reason you go against the amount deducted from your credit card. Application Administration will review your claim within 24 hours and refund the disputed amount to your credit card if your claim is considered valid. The chargeback (if your claim is approved) may take up to twenty (20) business days.
The money charged from your credit card will not be refunded despite of any return reason specified in your refund request if you dispute the amount charged after the Application account balance is running out, or already out of, Coins purchased for that money amount.
5.8. In case you have any questions related to your account balance replenishment or if you disagree with the amount deducted from your account, you can contact the Application Administration by filling out this feedback form. Please, use the message subject field to briefly describe your problem nature.
5.9. The Application Administration may immediately stop providing all services to an Application user and reject all other obligations to him/her if the Application user or any other third party, which is directly or indirectly associated with the Application user, performs any alleged or actual fraudulent or other unlawful acts, as well as any other actions that Application Administration or any Application user considers objectionable. Any suspected fraudulent or criminal acts can be immediately reported to the relevant State authorities.
5.10. The violation of any paragraph of this Agreement may lead to termination of user’s right to access or use the Application, including but not limited to cancellation of registration, subscriptions, accounts, passwords required for the access to the Application, as well as the loss of all Coins.
5.11. The violation of any paragraph of this Agreement may cause the permanent or temporarily ban of the Application user. All the Coins deposited to the Application user's balance will not be charged back regardless of their amount and ban period.
5.12. The Application Administration reserves the right to terminate the user’s registration and Application access without giving any explanation.
5.13. Violation of the Chat Rules is prompts the Application user ban. The ban period is determined by the Application Administration and may be changed from time to time. You agree that the Company shall not be liable to you and other Application users for any change of the ban period for any kind of violation.
In case if any dispute arises between an Application user and the Company, the Company may use screenshots as the evidence to prove the user‘s violation of the Chat Rules, and provide this screenshots to any authority adjudging the dispute.
The Coins available at the account balance of the banned Application user will be deducted in a usual manner, as stated in Paragraph 5.4 of this Agreement.
6. Security6.1. You acknowledge and agree that you are personally responsible for:
6.1.1. The security of the device you use to connect to the Internet.
6.1.2. The secure storage of your passwords and account information.
6.2. You acknowledge and agree that neither the Company nor the Application users, nor any other third party shall be liable for the losses incurred by you because of your negligent attitude to the safety of the device you use to connect to the Internet, or because you have disclosed/entrusted the information about your password or account to other persons or stored it improperly.
7. Application materials usage Policy7.1. This Application is intended solely for personal use of individual registered users.
7.1.1. Any commercial, non-commercial and/or other usage of the Application and Application content is strictly prohibited.
7.2. Organizations and any other social entities are not eligible to register as Application users or use the Application for any purpose.
7.3. Illegal and/or unauthorized use of the Application, including the unauthorized Application frame positioning or links posting, as well as unsolicited commercial messages sent in bulk, are subject to investigation and further appropriate legal action, including but not limited to the proceedings and protective measures.
7.4. The Application Administration reserves the right to take reasonable measures to prevent sending the unsolicited messages to registered Application users.
8. Copyright Protection8.1. The Application contains copyrighted material, trademarks and other proprietary information protected by exclusive rights. You may not copy, modify, publish, transmit, distribute, perform, display or sell such information, unless you have been given permission to do so.
8.2. Application users shall not be entitled to copy and publish, distribute or in any other way reproduce any copyrighted material, trademarks, or other proprietary information protected by exclusive rights, without the prior written permission of the owner or the presence of legitimate reasons, including "fair use."
8.3. Application Administration does not carry out pretesting of materials to determine whether these materials violate or infringe, in any way, the copyright and / or other rights and interests of others or not, and takes action to protect the rights and interests of physical and legal persons only upon a claim being made to the Application Administration, in the prescribed manner, by a person claiming violations of his/her/its rights.
8.4. The Company, its officers and employees, are not liable for any illegal use of any material, which is being a subject to any intellectual property rights of third parties, by the Application users.
9. Application content9.1. By this Agreement, the Company hereby claims immunity from any liability, provided by the legislation and the Communications Decency Act regarding the information provided by third parties and registered parties, nothing in this Agreement shall in any way imply a denial, revocation or cancellation of such immunity.
9.2. You understand and agree that the Application Administration has the right to remove any information (hereinafter referred to as “Information”), which, in the reasonable opinion of the Application Administration, violates the terms of this Agreement, or may be offensive, illegal or may violate copyright, harm or threaten the Application security, as well as its staff, independent contractors, performers and/or its registered users. A partial list of Information is provided for examination in paragraph 9.6 of this Agreement.
9.3. You are solely responsible for the Information that you send to other registered Application users.
9.4. By posting the Information to the Application’s public areas, you automatically transfer its ownership, while claiming and ensuring that you yourself have the right to perform such a transfer of ownership to the Badanga Ltd. and to the registered users of the Application.
You acknowledge that you have the unconditional, perpetual, nonexclusive, fully paid global license to use, copy, reproduce, display and distribute Information and the right to publish it, as well as prepare derivative works or insert such information in other works and/or media, and you also pass and entrust the sublicenses of the above.
9.5. The Company will investigate and take appropriate legal action in its sole discretion against anyone who violates this Agreement. The Application Administration has the right to delete any Application and/or support service offensive correspondence, as well as block the violators and prohibit the registration/re-registration of users who were involved in offensive correspondence.
9.6. A partial list of Information that is unlawful or prohibited by this Application is described further. The list includes Information that is patently offensive to the Internet community, namely the one that:
- promotes racism, bigotry, hatred or physical violence of any kind against any person or group;
- pursues or justifies the persecution of another person or an invasion of privacy;
- appears to be a doubtful correspondence, chain letters, unauthorized promotional materials or "spam";
- the one that knowingly provides the false and misleading information or promotes the obscene, threatening, defamatory or indecent behavior;
- promotes illegal or unauthorized copy of content created by other person and protected by copyright, namely, provides pirated computer software or links to it, as well as information on how to hack the devices for copy protection established by the manufacturer, or provides pirated media content or links to files with such media content;
- contains pages with restricted access or password protected pages or hidden pages and images (those not linked to another accessible pages);
- demonstrates a pornographic or sexual, commercial and noncommercial content;
- demonstrates the content of a sexual or violent exploitation of persons under 18 years or requests any personal information of such persons;
- contains foul words, profanity, false information about sex, information about incest, rape, necrophilia, as well as any personal data of another registered user and threat of suicide or harm oneself or others, promiscuity;
- provides instructional information on illegal activities such as manufacturing or buying illegal weapons, drugs, invading someone's privacy, etc.;
- distributes or develops computer viruses;
- requests passwords or any personal information of other users for commercial or unlawful purposes;
- distributes advertisements in chat rooms and private text messages;
- involves any commercial activities, including contests, sweepstakes, exchange, advertising and pyramid schemes without prior written consent of the Application Administration.
10. User disputes10.1. The Application Administration does not provide a control mechanism over information, which users provide to each other by means of the Application. Information provided by other users may be offensive, defamatory, inaccurate or misleading. You must be cautious, take common sense precautions when using the Application. You are solely responsible for your relationships with other Application users.
10.2. You agree that if there arises a dispute between you and one or more Application users you will not demand or make a claim to the Company, including its officers and employees, to pay for any damages (actual or consequential, known or unknown, suspected or unsuspected, disclosed or undisclosed, caused by or connected with such disputes in some way).
10.3. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
10.4. The Company reserves the right, but not the obligation, to control the disputes between Application users.
11. Disclamation / Limitation of Liability11.1. The Company, including its officers and employees, shall not be liable for incorrect or inaccurate information specified by the Application users or the one related to the Application services, irrespective of whether that mistake or inaccuracy was caused by a user, hardware or software associated with the Application services or the Application used services, as well as for any Application users’ behavior either online or offline.
11.2. The Company, including its officers and employees, shall not be liable for any errors, omissions, delays, removals, operation or transmission delays, data transmission line faults, thefts, destruction, change or unauthorized access to the users’ messages.
11.3. The Company, including its officers and employees, shall not be liable for failure or technical malfunction of telephone lines, computer systems, operational data processing, servers or Internet service providers, computer equipment, software, failure of email delivery or failure of media players, caused by technical problems or overload of the Internet or any website or the simultaneous presence of several of these factors, including injury or damage caused to users or other persons or computers, happening due to or in connection with participation in the Application and Application services usage.
11.4. Under no circumstances shall the Company, including its officers and employees, be liable for any loss or damage caused to the user due to the Application usage and/or any data transferred between Application users.
11.5. The Company, including its officers and employees, explicitly exempts itself from the compensation of any damage/loss, which Application users can incur from or cause to each other. The Company cannot guarantee and does not guarantee any specific results expected by users due to the use of the Application.
11.6. The Company, including its officers and employees, is not responsible for any loss of data, income, business or any profits (whether direct or indirect) Application users may incur;
11.7. The Company, including its officers and employees, is not responsible neither for any loss or damage you incur due to the presence of any commercial web-applications and/or any other web-applications of third parties, and also due to your expectations and perception of any advertisement, products, services or content and materials offered by such third parties web-applications, nor for any transactions you have performed with suppliers of goods and services.
11.8. The Company official website is coomeet.com. The Company has no bearing to other Internet resources and websites that contain the Application and under no circumstances shall be liable for the use of Application, installed on these resources, by users of the Application and/or other individuals.
11.9. Under no circumstances shall the Company, including its officers and employees, be liable to users or any third party for any indirect, consequential, typical, incidental, special or punitive damages, including any profit loss arising from the use of the Application.
11.10. In no event, which is listed in paragraph 9 of this Agreement, shall the Company, including its officers and employees, be liable for the possibility of damage or loss, no matter whether the Company, including its shareholders, subsidiaries, associated companies, affiliates, officers, agents, co-branding and other partners and employees, had been notified about the possibility of damage or loss or not.
11.11. The Company, including its officers and employees, shall not be liable for any loss or damage incurred by the Application users or any third parties, due to the action (or inaction) of another Application user or any third parties associated with the Application user.
13. Liability of the Company13.1. In case if any eligible claim is filed, the Company's liability to the Application users is limited to the amount (if any available), which is equivalent to the amount of Coins available at the user’s Application account balance at the moment of filing the claim. Coin’s Value is calculated according to the method of payment that was selected by the user when purchasing the Coins.
14. Dispute Resolution/Repayment14.1. When a dispute arises between the Company and a user, the Parties must make all efforts to resolve the dispute peacefully without resorting to litigation.
14.2. If settling the dispute through negotiation is impossible, the case will be handled by a judicial authority of the Republic of Cyprus in accordance with the laws of the Republic of Cyprus.