Theme Chat - Terms and conditions
Last updated: April 18, 2016
Theme Chat - User Terms and conditions
The Theme Chat website (www.theme.chat), Theme Chat apps and associated services (collectively the “Web System”) are operated by Theme Chat, Inc. ("Theme Chat"). By using or accessing Theme Chat, you agree to be bound by these User Terms and Conditions (this "Agreement"). You may not use the Web System if you do not accept the terms and conditions in this Agreement. You can accept this Agreement by either: (A) clicking to agree to the User Terms, where this option is made available to you in the Registration page or other user interface for the Web System; or (B) actually using the Web System. You understand and agree that Theme Chat will treat your use of the Web System as acceptance of the Agreement from that point onwards..
You may not use or access the Web System and may not accept the terms and conditions in this Agreement if (a) you are not of legal age to form a binding contract with Theme Chat, or (b) you are a person barred from receiving or accessing the Web System under the laws of the United States or other countries including the country in which you are resident or from which you use the Web System. We recommend that you print or save a local copy of this Agreement and any modified versions that we post on the Web System for your records..
You must be thirteen or over to use the Theme Chat or register as a Theme Chat Member Use of the Web System and membership in the Web System are void where prohibited. By agreeing to these terms or by using the Web System, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement and that you will not use any fake or false identification in connection with use or membership of Theme Chat..
Term. This Agreement will remain in full force and effect while you use the Web System and/or are a Member of the Web System. You may terminate your membership at any time for any reason by following the instructions on the Edit Profile page in the Settings page. We may terminate your membership for any reason at any time. Even after your membership is terminated, certain sections of this Agreement will remain in effect..
Theme Chat is for the personal use of individual Members only. No Member may copy, transfer or use any names, images, photos, links, artwork, text, music, audios, videos, data or other content belonging to or posted by Theme Chat or other Members for the purpose of selling, engaging in, marketing or promoting any other product or service, without the disclosing party's authorization. Theme Chat has the right to investigate any illegal and/or unauthorized uses of the Web System, such unauthorized uses include, but are not limited to the collection of user names, email addresses or other personal information of Members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Web System or any other use not expressly permitted in this Agreement, and to take appropriate legal action, including, without limitation, civil, criminal and injunctive redress. In addition to the above restrictions, you may not authorize, enable or otherwise give to any other person or entity access to your Theme Chat profile or other content uploaded on the Web System for the purpose of extracting such information or other content.
Proprietary Rights in Content.
Rights in Content Posted by Theme chat of or Its Members. You acknowledge that Theme Chat owns and retains all proprietary rights in the Theme Chat. The Theme Chat contains certain copyrighted material, including but not limited to, software, music, text, images, photographs, videos, audios, artwork, links and compilations of individual data; trademarks and service marks and other proprietary information of Theme Chat, our Members and our licensors. Except for any information which is in the public domain, you may not use, copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary materials or information without our prior express written consent in each case or that of the Theme Chat Member who owns it..
Removal of Content. You understand and agree that we may review and delete any content that you Post on any area of the Web System (which may include deleting your entire profile) that we, in our sole judgment, believe (1) violates this Agreement, (2) might be offensive or illegal or (3) might violate the rights of, harm or threaten the safety of any other Member..
Member Responsibility for Content. You are solely responsible for the content that you Post on the Web System or transmit to other Members. You agree that Theme Chat has no responsibility to you or to any third party (unless you have a prior agreement with a third party) for any content that you create, transmit or display while using the Web System and for the consequences of your actions (including any damage or loss that Theme Chat may incur) by such actions..
Prohibited Content and Actions. Theme Chat attempts to keep its Web System safe, but, cannot guarantee it. Theme Chat needs the commitment of its users and Members to help ensure its safety. Below is a partial list of the kind of content that is illegal or prohibited on the Web System. Posting of any of this content by you may result, in the sole discretion of Theme Chat, in termination of your membership. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including, without limitation, removing the offending communication from the Web System and reporting such violator to the appropriate legal authorities. Prohibited content includes but is not limited to content that, in our sole judgment:.
includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive or (3) is threatening, obscene, defamatory or libelous;.
displays pornographic or sexually explicit material of any kind;.
includes material that exploits people under the age of 18 in a sexual or violent manner or is intended to solicit personal information from anyone under 18;.
is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;.
harasses or advocates harassment of another person;.
involves the transmission of "junk mail," "chain letters," "spam" or any other unsolicited mass mailing, emailing or other communication;.
provides instructional information about illegal activities such as making or buying illegal weapons, illegal drugs, violating someone's privacy or providing or creating computer viruses;.
constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed anti-copying technical protection measures or (3) pirated music, images or video or links to pirated music, image or video files.
solicits passwords or personally-identifying information for commercial or unlawful purposes from other Members;.
constitutes or includes any contests, sweepstakes or advertising; or.
solicits people you do not know to add you or accept you as a friend on the Web System, excluding any content posted by a Member on its registered profile..
includes alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions..
Prohibited actions include but are not limited to actions that, in our sole judgment:.
are done to collect users' content or information, or otherwise access Theme Chat, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
engage in unlawful multi-level marketing, such as a pyramid scheme, on the Theme Chat.
engage in uploading viruses or other malicious code on the Theme Chat.
solicit login information or access an account belonging to someone else on Theme Chat.
bully, intimidate, or harass any user of the Theme Chat.
use Theme Chat to do anything unlawful, misleading, malicious, or discriminatory (by way of example, NO CONTENT CONSISTING OF, DISPLAYING OR TRANSMITTING PORN, MAKING OR BUYING ILLEGAL ARMS, TERRORISM or UNAUTHORIZED COPYRIGHTED MUSIC, VIDEOS OR MOVIES IS PERMITTED).
do anything that could disable, overburden, or impair the proper working of Theme Chat.
facilitate or encourage any violations of this Agreement..
You acknowledge that despite the prohibitions above, there is a possibility that you may become exposed to such items and actions while using the Web System. In that event, neither Theme Chat nor any of our officers, directors, employees, shareholders, advertisers or corporate partners will in any way be responsible for any damages incurred or suffered by any party or caused by any party arising out of or related to any such exposure..
Registration and Account Security.
Theme Chat users must provide their real names and information, unless specifically given permission by Theme Chat to use pseudonymous information..
In order to maintain the security of your account, the following actions are prohibited:.
Provision of any false personal information on the Web System, or creation of an account for anyone other than yourself without permission..
Creation of more than one personal profile..
Creation of a new account without our permission if we have disabled your account..
Use of your personal profile for your own commercial gain (such as selling your status update to an advertiser)..
Use of the Web System if you are under 13.
Use of the Web System if you are a convicted sex offender..
Sharing of your password, letting others access your account, or doing anything else that might jeopardize the security of your account..
Transferring your account (including any page or application you administer) to anyone without first getting our written permission..
In addition, you agree that if you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name) and you will keep your contact information accurate and up-to-date..
Protecting Other People's Rights.
You are expected to respect the rights of other users and Members of the Web System..
You will not post content or take any action on the Web System that infringes or violates someone else's rights or otherwise violates the law..
We can remove any content or information you post on the Web System if we believe that it violates this Agreement..
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate..
You will not use our copyrights or trademarks/service marks, or any confusingly similar marks, without our prior written permission..
Code of Conduct.
By agreeing to these Terms, you're agreeing that, when using the Services, you will follow these rules:
i. Don't do anything illegal.
ii. Don't engage in any activity that exploits, harms, or threatens to harm children.
iii. Don't send spam. Spam is unwanted instant messages.
iv. Don't publicly display or use the Services to share inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity). v. Don't engage in activity that is false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
vi. Don't circumvent any restrictions on access to or availability of the Services.
vii. Don't engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, posting terrorist content, communicating hate speech, or advocating violence against others).
viii. Don't infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or photographs).
ix. Don't engage in activity that violates the privacy of others.
x. Don't help others break these rules.
Additional Restrictions on Your Use of the Web System:
You must use the Web System in a manner consistent with any and all applicable laws and regulations..
It is a violation of this Agreement to use any information obtained from the Web System in order to harass, abuse or harm another person or in order to contact, advertise to, solicit or sell to any Member without the prior explicit consent of such Member and Theme Chat. Theme Chat retains the right at its sole discretion at any time, to place restrictions on the communications that a Member may send to other Members on or though the Web System..
Copyright Protection Policy. You may not Post, distribute or reproduce in any way any copyrighted material, trademarks or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner. If you believe that your work has been copied and Posted on the Web System without your permission or in any other way that constitutes copyright infringement, please contact us. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, you will have an opportunity to appeal. Please also review the Theme Chat DMCA Statement..
Member Disputes. You are solely responsible for your interactions with other Members. We reserve the right, although we have no obligation, to monitor disputes between you and other Members and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this Agreement, including termination of the membership of one or more Members.
Disclaimers/Exclusion of Warranties.
Theme Chat strives for success so that it may be able to maintain its Members' pages on the Theme Chat forever. However, it does not promise or guarantee that it will maintain its Members' pages or any content they Post forever. It is strongly recommended that you preserve a copy of any of your content that you value in a safe place outside of the Web System..
Theme Chat is not responsible for any incorrect or inaccurate content Posted on the Web System, whether made or caused by users of the Web System, Members, our advertisers, developers or corporate partners or by any of the equipment or programming associated with or utilized in the operation of the Web System..
Theme Chat IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEB SYSTEM. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OF THE WEB SYSTEM OR THE SERVICE, ANY CONTENT POSTED ON THE WEB SYSTEM OR TRANSMITTED TO MEMBERS OR OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEB SYSTEM, WHETHER ONLINE OR OFFLINE. YOU RELEASE Theme Chat, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE DO NOT GUARANTEE THAT THE Theme Chat WEB SYSTEM WILL BE SAFE OR SECURE. YOU USE THE WEB SYSTEM AT YOUR OWN RISK..
Theme Chat assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of user or Member communications. Theme Chat is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. Theme Chat is not responsible for any injury or damage to any computer equipment belonging to any user of the Web System, any Member or any other person related to or resulting from use of the Web System, viewing, playing or downloading any materials on or from the Web System or otherwise in any way in connection with the Web System. The Web System is provided "AS IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We cannot guarantee and do not promise any specific results from use of the Web System. No advice or information, whether oral or written, obtained by you from us or from or through the Web System shall create any warranty not expressly stated herein. wE DO NOT GUARANTEE THAT THE USE OF THE WEB SYSTEM WILL MEET YOUR REQUIREMENTS; THAT YOUR USE OF THE WEB SYSTEM WILL BE UNINTERRUPTED OR TIMELY, THAT CONTENT OR INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEB SYSTEM WILL BE ACCURATE OR RELABLE, AND THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF any software of THE WEB SYSTEM WILL BE CORRECTED.
Limitation of Liability
Notwithstanding any other provision of this Agreement, Theme Chat's entire liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Web system during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will Theme Chat be liable to you or any third person for (1) any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Web system, however caused and under any theory of liability (including, but, not limited to, any loss of profit (direct or indirect), any loss of goodiwll or business reputation, any loss of data suffered, cost of procurement, of substitute goods or serivces, or other intangible loss); (2) any loss or damage that may be incurred by you, including but not limited to, (a) reliance placed by you on the completenes, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor that advertises on the web system, (b) any changes that Theme Chat may make to the web system, or for any temporary or permanent cessation of the provision of the web system or services within the web system), (c) the deletion of, corruption of, or failure to store, any content and other communications data maintained or tranmitted by our through your use of the web system. All of The above limitations shall apply even if Theme Chat has been advised of the possibility of such damages or should have been aware of the possibility of any such damages or losses. APPLICABLE LAW MAY NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, Theme Chat'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW..
YOUR DOWNLOADING OR OBTAINING OF ANY content through the use of the web system is done at your SOLE DISCRETION AND RISK AND you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such content, if any..
Disputes. If there is any dispute between you and us about or involving the Web System, by using the Web System, you agree (i) that the dispute shall be in all respects subject to, governed by and construed in accordance with the laws of the state of Florida, without regard to the conflicts of laws principles thereof, and (ii) The parties shall not raise in connection with, and hereby waive, any defense based upon the venue, the inconvenience of the forum, the lack of personal jurisdiction, the sufficiency of service and process or the like in any such action or suit brought in Florida..
Indemnity. You agree to indemnify and hold Theme Chat and its subsidiaries, affiliates, officers, agents, employees and corporate or other partners harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, arising out of or relating to: (a) your use of the Web System (including the Posting by you of any content on the Web System) in violation of this Agreement, (b) any other breach of this Agreement by you or (c) any breach of your representations and warranties set forth above..
No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Web System..
Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination and you and we will continue to be bound by such terms indefinitely: Term, Proprietary Rights in Content, Member Disputes, Disclaimers/Exclusion of Warranties, Limitation of Liability, Disputes, Indemnity, Survival and Other..
Your Theme Chat account may consist of up to 2.5GB of content free of charge. Theme Chat reserves the right to terminate Free Accounts at any time, with or without notice. If a Free Account is not active for (365) days, Theme Chat may delete any or all of the content of your account without providing additional notice..
To increase your account's storage space beyond 2.5GB on the Theme Chat, you must participate in the Theme Chat's Upgraded Storage Plan options. If you choose to take advantage of any of the Theme Chat's Upgraded Storage Plans, you must abide by the Theme Chat Pricing Terms Policy for Upgraded Storage Plans..
Theme Chat, LIGHT, SPOTLIGHT YOUR LIFE and its logos, including, but, not limited to and are service marks of Theme Chat, Inc.
Any questions about this Agreement should be addressed to firstname.lastname@example.org
Theme Chat does not knowingly collect personal information from children under 13 years of age..
Sharing Your Content and Information
You own all of the content and information you upload and post on Theme Chat and you can control how it is shared through your privacy and application settings. On Theme Chat you may choose to keep all of your information private with respect to other Members of the Web System, or you may share all or selected portions of your content with other Members of the Web System that you designate..
For content that is covered by intellectual property rights, including, but not limited to artwork, text, photographs, audios and videos (IP Works), you specifically give Theme Chat the following permission, subject to your privacy and application settings: you grant Theme Chat a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Works that you upload to or post on or in connection with the Web System (IP License). This IP License ends when you delete your IP content or your Theme Chat account, except to the extent your content has been shared with others, and they have not deleted it..
You acknowledge that deleted IP content may remain in backup copies for a reasonable period of time (but will not be available to others, unless it has been shared with others)..
If you publish content or information using the “Add Post” or “Share Folder” features, you will be allowing only people who are Members of Theme Chat that you specifically select (and potentially anyone viewing those Member's accounts), to access and use that information, and to associate it with you (i.e., your name and profile picture).
COLLECTION AND SUBMISSION OF PERSONAL INFORMATION AND NON-PERSONAL INFORMATION ON THE Theme Chat WEB SYSTEM
When Theme Chat collects personal information from you it is because you are voluntarily submitting personal information to us to register as a Member of the Web System. Theme Chat may also collect personal information from you if you choose to participate in other Web System services, because you want us to furnish you with products, services, newsletters, or information, or in connection with content or suggestions you submit to Theme Chat for review. Certain Web System services may require that we collect credit card or other billing information..
We may also obtain from you information about your contacts if you request that we import your contacts by giving us access to your third party services (such as your email or social networking accounts). When you invite others to join Theme Chat by using the “Invite People” function, we will send them an email with an invitation to join. You may also provide us with your contacts' email addresses when using the “Share Folder” or “Add Post” functions. We may also receive Personal Information (for example, your email address) through other Members, for example if they have tried to share their content with you or tried to invite you to join the Web System..
In addition, Theme Chat may collect other non-personal information (such as IP address and browser type) in order to provide, maintain, protect, manage and improve the Web System, track usage, and for security purposes, including protecting the rights or property of Theme Chat and its Users..
Theme Chat Members may also choose to provide or store non-personal information in their profiles, (such as date of birth, interests, hobbies, lifestyle choices, groups with whom they are affiliated (schools, companies), videos and/or pictures, private messages, bulletins or personal statements). Such information in a Member's profile is provided at his or her sole discretion..
Theme Chat Members can change their personal information and non-personal information at any time using Edit Profile in Settings on the Web System after being logged in. Members' profile information is not searchable by other users/Members of the Web System or by non-Members of the Web System..
Some of the advertisements that appear on Theme Chat may also be delivered to you by third party Internet advertising companies. These companies utilize certain technologies to deliver advertisements and marketing messages and to collect non-personal information about your visit to or use of Theme Chat, including information about the ads they display, via a cookie placed on your computer that reads your IP address. To opt out of information collection by these companies, or to obtain information about the technologies they use or their own privacy policies, please contact Theme Chat at the contact information below..
Presently, the Theme Chat app does not collect real-time geographic location data from your mobile device. It is possible that photographs or videos that you upload to the Web System could be embedded with GPS data. If you do not wish to share your location data, please do not upload photographs or videos that contain such location data. However, it may be possible to turn off the location tagging function on photos and videos if your camera has such a turn off feature. Further, it is possible that the information Theme Chat collects from a device you use to interact with the Web System, (for example IP address), could be used to approximate a device's location. .
USE: Theme Chat'S USE OF PERSONAL INFORMATION
To connect with other Theme Chat Members, you will need to know their email address. Theme Chat does not allow you to search for Members using personal information such as full name or email address or to browse for Member's personal information. If you have consented to receive promotional materials (e.g., newsletters) or notifications from Theme Chat, Theme Chat may use your email address to send you such materials related to the Web System, as applicable. If you want to stop receiving such materials from Theme Chat, you can change your profile settings or follow the unsubscribe instructions at the bottom of each email..
Theme Chat may customize the advertising and marketing messages you receive on Theme Chat, or may work with outside companies to do so. Your non-personal information may be shared with these companies so this customization can be accomplished. Theme Chat prohibits these companies from sharing your non-personal information or personal information with any third party or from using it for any other purpose. Anonymous click stream, number of page views calculated by pixel tags, and aggregated demographic information may also be shared with Theme Chat's advertisers and business partners. .
There may be instances when Theme Chat may access or disclose personal information or non-personal information without providing you a choice in order to: (i) protect or defend the legal rights or property of Theme Chat, our Affiliated Companies or their employees, agents and contractors (including enforcement of our agreements and investigation of potential violations thereof); (ii) protect the safety and security of Users of the Web System Services or members of the public including acting in urgent circumstances; (iii) detect, prevent, or otherwise address fraud, security, technical issues or for risk management purposes; or (iv) comply with the law, regulation, legal process or enforceable governmental request. In addition, if Theme Chat sells all or part of its business or makes a sale or transfer of all or a material part of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Theme Chat may transfer your information to the party or parties involved in the transaction as part of that transaction..
When a Member who is located in the European Union chooses to post personal information that will be publicly disclosed on the Web System, that Member is responsible for ensuring that such information conforms to all local data protection laws. Theme Chat is not responsible under the EU local data protection laws for Member-posted information.
SECURITY: Theme Chat PROTECTS THE SECURITY OF PERSONAL INFORMATION
Theme Chat uses commercially reasonable administrative, technical, personnel and physical measures to safeguard personal information and credit card information in its possession against loss, theft and unauthorized use, disclosure or modification. In addition, Theme Chat uses reasonable methods to make sure that personal information is accurate, up-to-date and appropriately complete.
Theme Chat complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from EU member countries. Theme Chat has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification page, please visit http://www.export.gov/safeharbor/.
Theme Chat has further committed to refer unresolved privacy complaints under the Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU Safe Harbor, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Theme Chat, you may contact:.
ACCESS, REMEDIES AND COMPLIANCE: HOW TO ACCESS, CORRECT OR CHANGE YOUR PREFERENCES REGARDING YOUR PERSONAL INFORMATION AND HOW TO CONTACT Theme Chat ABOUT PRIVACY CONCERNS
Theme Chat Members may review the personal information we maintain about them in our records. Theme Chat will take reasonable steps to either to correct this data if it is inaccurate or to delete such data at a Member's request if it is not otherwise required to be retained by law or for legitimate business purposes. Theme Chat may ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be highly impractical (including, but, not limited to, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where Theme Chat provides information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. You understand that after you delete your information, residual copies may take a period of time before they are deleted from the Web System's active servers and may remain in our backup systems. If you are a Member, you can view and change your personal information, Member preferences and Profile Information by logging into your account and accessing “Edit Profile” in the Settings page..
If you ask Theme Chat to stop using or delete your personal information, Theme Chat will honor that request while retaining any record of your personal information that is necessary to comply with applicable federal, state or local law..
Theme Chat and LIGHT are service marks of Theme Chat, Inc.
Theme Chat DMCA Statement
Theme Chat, Inc. respects the intellectual property rights of others and requires that users of its services do the same..
Theme Chat website (www.theme.chat) and associated services (collectively "Theme Chat" or “Web System”) are operated by Theme Chat, Inc. ("Theme Chat").
How to do a Digital Millenium Copyright Act (“DMCA”) Complaint
If you believe in good faith that your copyrighted work has been reproduced on or linked from the Web System without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information (see 17. U.S.C. §512(c)(3):
1. identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
2. identification of the allegedly infringing material that is requested to be removed, and information reasonably sufficient to permit Theme Chat, Inc. to locate the material on the Theme Chat (such as the URL(s) of the claimed infringing material);
3. your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
4. a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
5. a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
6. an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
See http://www.copyright.gov/laws (then see link to Digital Millennium Copyright Act)
Our copyright agent for notice of claims of copyright infringement on the Web System is:
Sheryl De Luca
Nixon & Vanderhye P.C.
901 N. Glebe Road, 11th Floor
Arlington, VA 22203
This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this site..
The information provided in this copyright infringement notice may be forwarded to the person who provided the allegedly infringing material..
We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. A§ 512(c)(3)), and will terminate the Service privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement. Before submitting a notice of copyright infringement, you may want to obtain the advice of an attorney.
How to do a DMCA Counter-Notification
The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act (see 17 U.S.C. §512(g)): see http://www.copyright.gov/laws (then see link to Digital Millennium Copyright Act)
To file a counter notification with us, you must provide a written communication that sets forth the items specified below.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
Elements of Counter-Notification
1. To expedite our ability to process your counter notification, please use the following format (including section numbers):
2. Identify the material that Theme Chat, Inc. has removed or to which the Theme Chat has disabled access and the location (preferably by specific URL(s)) at which the material appeared before it was removed or access to it was disabled.
3. Provide your full name, address, telephone number, and email address, and the username of your Theme Chat account.
4. Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Florida if your address is outside of the United States), and that you will accept service of process from the person who provided notification under 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
5. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
6. Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.
Send the written communication to the following address:
Counter DMCA Complaints
Sheryl De Luca
Nixon & Vanderhye P.C.
901 N. Glebe Road, 11th Floor
Arlington, VA 22203
A copy of the counter notice received by Theme Chat, Inc.'s copyright agent may be sent to the original complaining party indicating that Theme Chat, Inc. may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order, the removed content may be replaced in 10-14 business days after receipt of the counter notification, at Theme Chat, Inc.'s sole discretion.
Theme Chat Payment Terms Policy for Upgraded Storage Plans
Theme Chat website (www.theme.chat) and associated services (collectively "Theme Chat" or “Web System”) are operated by Theme Chat, Inc. ("Theme Chat"). Up to the first 2.5GB of storage space of your Theme Chat account is free of charge. Theme Chat through Theme Chat offers you the ability to upgrade your Web System account storage space beyond 2.5GB. Storage Plans greater than 2.5GB are a fee-based service..
Theme Chat may accept credit card payments for the Upgraded Storage Plan options in connection with the Web System (see the Theme Chat Upgrade Storage page for the credit cards we accept). You may enter or change your credit card information in the Upgrade Storage page under Settings on the Web System after you are logged in. We will automatically charge your credit card on an annual basis for the amount of storage you have selected. If any fee is not paid in a timely manner, or if Theme Chat is unable to process the transaction with the credit card information you provided, Theme Chat reserves the right to terminate your Web System Upgrade and deny access to your account content over the 2.5GB free account storage space. If you do not make your account balance current within five (five) days after Theme Chat gives you notice that your account payments are overdue, Theme Chat may delete some content in your account at its sole discretion to bring the storage space to the free account level up to 2.5GB of space..
Theme Chat will bill you for the fees for your Upgraded Account from the date you purchase such upgrade and on the anniversary date of each yearly renewal thereafter unless and until you cancel or revise your account. You can check the commencement date for your next annual renewal period in the Edit Profile page of Settings after you are logged in. Should your account commence on a day not contained in a subsequent year (e.g., in the case of a Leap Year), Theme Chat will bill your credit card for the next annual payment on the next calendar day following the anniversary date..
Theme Chat reserves the right to offer promotional specials regarding its Upgraded Account plans. You agree that the amount billed each year may vary for reasons that include differing amounts of such promotional offers, changing amounts due to changes in the account storage options you select, or future fee-based options you select, if any, or changes in the amount of applicable sales tax, and thus, you authorized Theme Chat to charge your credit card for such varying amounts. All fees and charges are nonrefundable and there are no refunds of credits for partially used periods. Theme Chat Notebook DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL YEARS..
If you increase your Web System Storage Plan to a plan with more storage space, your annual billing date will reflect the date of the newly elected plan and you will be billed on a pro-rata basis for the upgraded storage plan for its first year..
Should Theme Chat change the charges and fees in effect for its Web Services, it will provide you with advance notice of these changes via your email account that you have provided on the Web System. You must keep your credit card and billing information current on the Web System. Your continued use of the Web system if the credit card you provided on the Web System expires constitutes your authorization for Theme Chat to continue billing that credit card. You continue to be responsible for any uncollected amounts..
You may cancel your Upgraded Storage Plan at any time. Cancellation will be effective immediately. Theme Chat will not issue you a refund or credit for the most recently charged fees. You must cancel your Upgraded Storage Plan before the annual billing date to avoid the next annual fees being charged to your credit card. Unless you timely cancel your account or Theme Chat otherwise terminates it, Theme Chat will bill you the annual fees associated with your elected Storage Plan, plus any applicable taxes to the credit card you have provided us on the Web System at the applicable billing date..
By choosing an Upgraded Storage Plan and providing your payment information on the Web System in connection therewith, you hereby agree to these payment terms and conditions. .
Please contact us with any questions regarding this Agreement at email@example.com. .
Theme Chat, LIGHT, SPOTLIGHT YOUR LIFE and its logos, including, but, not limited to and are service marks of Theme Chat, Inc.
Theme Chat Acceptable Use Policy
Theme Chat (www.theme.chat) and associated services (collectively "Theme Chat" or “Web System”) are operated by Theme Chat, Inc. ("Theme Chat"). By using or accessing Theme Chat, you agree to be bound by this Theme Chat Acceptable Use Policy (“Theme Chat AUP”). This Theme Chat AUP, or any part thereof, may be modified by Theme Chat at any time without prior notice. All such modifications will be effective upon posting on the Web System and any use by you of the Web System (whether or not you are a Member) after the posting of any such modification will constitute your agreement to that modification..
Theme Chat strives to comply with the rules and regulations governing use of the Internet, email, text and other forms of telecommunications and to give its users a secure and successful experience using the Web System without interference or harassment from other Theme Chat users..
The security and success of the Web System depends in large part on its users. This Theme Chat AUP is in place to help achieve the above goals and to clarify the responsibilities of each user to make acceptable use of the Web System and to avoid misuse of Theme Chat. Theme Chat expects its users to be responsible for their own actions when using the Web System. Thus, you are expected to know when your actions are not in compliance with Theme Chat's policies..
General and Specific Prohibited Activities: You acknowledge that Theme Chat may only be used for lawful purposes and the following activities constitute misuse of Theme Chat:.
using the Web System in any way that interferes with the Web System's network or systems; using the Web System in any way that interferes with other Theme Chat users' use or enjoyment of Theme Chat; using the Web System in any way that infringes on the intellectual property rights of others; including, but, not limited to, using the Web System to publish, upload, download, post, use, copy, distribute, store any material that infringes or misappropriates or otherwise violates the intellectual property, privacy or publicity rights of others; knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails, sends or otherwise shares; using the Web System to post, publish, share or otherwise transmit offensive material (which includes material that harasses or threatens the health or safety of others, including but not limited to, material that is determined by Theme Chat to be obscene, indecent, unlawfully pornographic, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent, that advocates bigotry, religious, racial or ethnic hatred or that promotes the use of violence or is otherwise harmful to others); using the Web System in any way that constitutes spam, e-mail or usenet abuse; using the Web System in any way that constitutes a violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule; using the Web System in any way that constitutes inappropriate action with minors and/or child pornography, including using the Web system to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Theme Chat complies with all applicable laws regarding the protection of minors and will report cases of suspected child exploitation or discovered violation of this prohibition to the National Center for Missing and Exploited Children. Theme Chat will take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers. using or interacting with the Web System in any way that constitutes a security or network security violation, including, but, not limited to, probing, scanning or testing the vulnerability of the Web System without authorization from Theme Chat; monitoring of data or traffic on the Web System without express authorization from Theme Chat; hacking, attacking, gaining access to, breaching or otherwise circumventing any security or authentication measures; accessing, tampering with, or using non-public areas of the Web System, shared areas of the Web System you have not been invited to, Theme Chat (or our service providers') computer systems; interfering with or disrupting any user, host, or network, including, without limitation, by sending a virus, overloading, flooding, spamming, performing broadcast attacks, knowingly uploading or distributing files that contain spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits, or mail-bombing any part of the Web System; planting malware or otherwise using the Web System to distribute malware; sending, posting or sharing electronic messages, files or other transmissions that exceed contracted for capacity or that create the potential for disruption of the Web System by virtue of quantity, size or other; accessing or searching the Web System by any means other than Theme Chat's publicly supported interfaces (for example, “scraping”); sending unsolicited communications, petitions, requests for charitable donations, promotions or advertisements, chain mail related materials or spam; sending altered, deceptive or false source-identifying information, including “spoofing” or “phishing”; publishing anything that is fraudulent, misleading, or infringes another's rights; promoting or advertising products or services other than your own without appropriate authorization; impersonating or misrepresenting your affiliation with any person or entity; failing to take reasonable security precautions to help prevent violations of the Theme Chat AUP; violating the law in any way, or violating the privacy of others, or defaming others. By using Theme Chat you agree not to misuse the Theme Chat services in the above ways or any other unlawful way. Please also refer to the Theme Chat Terms and Conditions Policy..
In addition, Theme Chat expects its users to interact with Theme Chat and its users in a courteous manner..
Theme Chat further cautions its users to carefully consider the information they choose to disclose or otherwise share with others, especially their personal information, to help prevent, among other things, identity theft..
Any user found in violation of the Theme Chat AUP may be subject to disciplinary action up to and including the following: Receipt of a warning;
Expulsion from Theme Chat;
Termination of Theme Chat services;
Forfeiture of all fees paid to date;
Liability for any legal fees and costs incurred by Theme Chat due to the Policy violation..
Theme Chat may provide a Theme Chat user with a notice of a Theme Chat AUP violation to permit the user to promptly action to correct any such violation if feasible. However, Theme Chat reserves the right to take immediately action and without any notice in response to a violation of the Theme Chat AUP..
Users are responsible for taking prompt corrective action(s) remedy any violation of the Theme Chat AUP and to help prevent similar future violations..
Please contact us with any questions regarding the Theme Chat AUP at firstname.lastname@example.org..
Theme Chat, LIGHT, SPOTLIGHT YOUR LIFE and its logos, including, but, not limited to and are service marks of Theme Chat, Inc.