TERMS OF
USE
Last
updated
December 29, 2024
These Terms of Use constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”) and Samratech ltd
, doing business as Indistinct Chatter
("
Indistinct Chatter
", “we”, “us”, or
“our”), concerning your access to and use of the https://www.indistinctchatter.app website as well as any
other media form, media channel, mobile website or mobile application related, linked,
or otherwise connected thereto (collectively, the “Site”). You agree that by accessing
the Site, you have read, understood, and agreed to be bound by all of these Terms of
Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from
time to time are hereby expressly incorporated herein by reference. We reserve the
right, in our sole discretion, to make changes or modifications to these Terms of Use at
any time and for any reason. We will alert you about any changes by updating the “Last
updated” date of these Terms of Use, and you waive any right to receive specific notice
of each such change. It is your responsibility to periodically review these Terms of Use
to stay informed of updates. You will be subject to, and will be deemed to have been
made aware of and to have accepted, the changes in any revised Terms of Use by your
continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by
any person or entity in any jurisdiction or country where such distribution or use would
be contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those persons who choose
to access the Site from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.
The Site is not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to such laws,
you may not use this Site. You may not use the Site in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
The Site is
intended for users who are at least 13 years of age. All users who are
minors in the jurisdiction in which they reside (generally under the age
of 18) must have the permission of, and be directly supervised by, their
parent or guardian to use the Site. If you are a minor, you must have
your parent or guardian read and agree to these Terms of Use prior to
you using the Site.
INTELLECTUAL
PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary
property and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to
us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States,
international copyright laws, and international conventions. The Content and the Marks
are provided on the
Site “AS IS” for your information and personal use only. Except as expressly provided in
these Terms
of Use, no part of the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and to download or print a
copy of any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and the Marks.
By using
the Site, you represent and warrant that:
(1) all registration
information you submit will be true, accurate, current, and complete;
(2) you will maintain the
accuracy of such information and promptly update such registration
information as necessary
;
(3) you have the
legal capacity and you agree to comply with these Terms of
Use;
(4) you
are not under the age of 13;
(5) you are not a minor in the
jurisdiction in which you reside
, or if a minor, you have received parental permission
to use the Site
; (6) you will not access the Site
through automated or non-human means, whether through a bot, script, or otherwise;
(7) you will not use the Site for any
illegal or unauthorized purpose; and (8) your use of the Site will not
violate any applicable law or regulation.
If you
provide any information that is untrue, inaccurate, not current, or incomplete, we
have the right to suspend or terminate your account and refuse any and all current
or future use of the Site (or any portion thereof).
USER
REGISTRATION
You
may be required to register with the Site. You agree to keep your password
confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
PROHIBITED
ACTIVITIES
You may not
access or use the Site for any purpose other than that for which we make the Site
available. The Site may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by us.
As
a user of the Site, you agree not to:
1
. Systematically
retrieve data or other content from the Site to create or compile, directly
or indirectly, a collection, compilation, database, or directory without
written permission from us.
2
.
Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user
passwords.
3
.
Circumvent, disable, or otherwise interfere with
security-related features of the Site, including features that
prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content contained
therein.
4
.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or
the Site.
5
.
Use any information obtained from the Site in order to harass,
abuse, or harm another person.
6
.
Make improper use of our support services or submit false
reports of abuse or misconduct.
7
.
Use the Site in a manner inconsistent with any applicable laws
or regulations.
8
.
Use the Site to advertise or offer to sell goods and
services.
9
.
Engage in unauthorized framing of or linking to the
Site.
10
.
Upload or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including excessive
use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted
use and enjoyment of the Site or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions,
operation, or maintenance of the
Site.
11
.
Engage in any automated use of the system, such as using scripts
to send comments or messages, or using any data mining, robots,
or similar data gathering and extraction
tools.
12
.
Delete the copyright or other proprietary rights notice from any
Content.
13
.
Attempt to impersonate another user or person or use the
username of another user.
14
.
Sell or otherwise transfer your
profile.
15
.
Upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information collection
or transmission mechanism, including without limitation, clear
graphics interchange formats (“gifs”), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as
“spyware” or “passive collection mechanisms” or
“pcms”).
16
.
Interfere with, disrupt, or create an undue burden on the Site
or the networks or services connected to the
Site.
17
.
Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Site to
you.
18
.
Attempt to bypass any measures of the Site designed to prevent
or restrict access to the Site, or any portion of the
Site.
19
.
Copy or adapt the Site’s software, including but not limited to
Flash, PHP, HTML, JavaScript, or other
code.
20
.
Decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the
Site.
21
.
Except as may be the result of standard search engine or
Internet browser usage, use, launch, develop, or distribute any
automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that accesses
the Site, or using or launching any unauthorized script or other
software.
22
.
Use a buying agent or purchasing agent to make purchases on the
Site.
23
.
Make any unauthorized use of the Site, including collecting
usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email, or creating
user accounts by automated means or under false
pretenses.
24
.
Use the Site as part of any effort to compete with us or
otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial
enterprise.
USER GENERATED
CONTRIBUTIONS
The Site does not offer users to
submit or post content. We may provide you with the opportunity to
create, submit, post, display, transmit, perform, publish, distribute,
or broadcast content and materials to us or on the Site, including but
not limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be viewable by other
users of the Site and through third-party websites. As such, any
Contributions you transmit may be treated in accordance with the Site
Privacy Policy. When you create or make available any Contributions, you
thereby represent and warrant that:
1. The creation, distribution,
transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will
not infringe the proprietary rights, including but not limited
to the copyright, patent, trademark, trade secret, or moral
rights of any third party.
2. You are the creator and owner
of or have the necessary licenses, rights, consents, releases,
and permissions to use and to authorize us, the Site, and other
users of the Site to use your Contributions in any manner
contemplated by the Site and these Terms of Use.
3. You have
the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to
use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Site and these
Terms of Use.
4. Your Contributions are not false,
inaccurate, or misleading.
5. Your Contributions are not
unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other
forms of solicitation.
6. Your Contributions are not
obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by
us).
7. Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
8. Your Contributions do not
advocate the violent overthrow of any government or incite,
encourage, or threaten physical harm against another.
9.
Your Contributions do not violate any applicable law,
regulation, or rule.
10. Your Contributions do not violate
the privacy or publicity rights of any third party.
11. Your
Contributions do not contain any material that solicits personal
information from anyone under the age of 18 or exploits people
under the age of 18 in a sexual or violent manner.
12. Your
Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or
well-being of minors;
13. Your Contributions do not include
any offensive comments that are connected to race, national
origin, gender, sexual preference, or physical handicap.
14.
Your Contributions do not otherwise violate, or link to
material that violates, any provision of these Terms of Use, or
any applicable law or regulation.
Any
use of the Site in violation of the foregoing violates these Terms of
Use and may result in, among other things, termination or suspension of
your rights to use the Site.
You and the
Site agree that we may access, store, process, and use any information and personal data
that you provide following the terms of the Privacy Policy and your choices (including
settings).
By submitting
suggestions or other feedback regarding the Site, you agree that we can use and share
such feedback for any purpose without compensation to you.
We do not
assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Site. You are
solely responsible for your Contributions to the Site and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal action
against us regarding your Contributions.
COPYRIGHT
INFRINGEMENTS
We respect the intellectual property rights of others. If you
believe that any material available on or through the Site infringes upon any copyright you
own or control, please immediately notify us using the contact information provided below (a
“Notification”). A copy of your Notification will be sent to the person who posted or stored
the material addressed in the Notification. Please be advised that pursuant to applicable
law you may be held liable for damages if you make material misrepresentations in a
Notification. Thus, if you are not sure that material located on or linked to by the Site
infringes your copyright, you should consider first contacting an attorney.
These
Terms of Use shall remain in full force and effect while you use the Site. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or
remove the contents of the Site at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any information on our Site. We
also reserve the right to modify or discontinue all or part of the Site without notice
at any time. We will not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Site.
We cannot guarantee
the Site will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Site, resulting
in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Site at any time or for any reason without notice to you. You agree that we
have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance of the Site. Nothing in
these Terms of Use will be
construed to obligate us to maintain and support the Site or to supply any
corrections, updates, or releases in connection therewith.
These
conditions are governed by and interpreted following the laws of the United Kingdom
,
and the use of the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded. If your habitual residence is in the EU,
and you are a consumer, you additionally possess the protection provided to you by
obligatory provisions of the law of your country of residence. Samratech
ltd and yourself both agree to submit to the non-exclusive jurisdiction of the
courts of London, which means that you may make a claim to
defend your consumer protection rights in regards to these Conditions of Use in
the United Kingdom
, or in the EU country in which you reside.
The European
Commission provides an online dispute resolution platform, which you can access
here: https://ec.europa.eu/consumers/odr. If you would
like to bring this subject to our attention, please contact us.
There may be
information on the Site that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other
information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the
information on the Site at any time, without prior notice.
THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and
warranties set forth in these Terms of Use; (4) your violation of the rights of a third
party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user
of the Site with whom you connected via the Site. Notwithstanding the foregoing, we
reserve the right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use reasonable efforts to notify you
of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
We will maintain
certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although we
perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and
completing online forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the Site, satisfy
any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or the granting of credits
by any means other than electronic means.
CALIFORNIA USERS
AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
These Terms of Use and any policies or
operating rules posted by us on the Site or in respect to the Site constitute the entire
agreement and understanding between you and us. Our failure to exercise or enforce any right
or provision of these Terms of Use shall not operate as a waiver of such right or provision.
These Terms of Use operate to the fullest extent permissible by law. We may assign any or
all of our rights and obligations to others at any time. We shall not be responsible or
liable for any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Terms of Use is
determined to be unlawful, void, or unenforceable, that provision or part of the provision
is deemed severable from these Terms of Use and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a result of these Terms of
Use or use of the Site. You agree that these Terms of Use will not be construed against us
by virtue of having drafted them. You hereby waive any and all defenses you may have based
on the electronic form of these Terms of Use and the lack of signing by the parties hereto
to execute these Terms of Use.
In order to resolve a complaint regarding
the Site or to receive further information regarding use of the Site, please contact us
at:
Samratech
ltd
Langhedge Lane
London,
N18 2TJ
United Kingdom
Phone:
07948030896
support@indistinctchatter.app