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TERMS OF USE


Effective Date: September 14th, 2022


These terms and conditions and documents referenced within (collectively referred to as the “Terms”) outline the rules and regulations for the use of Chattercap LLC’s website, located at chattercap.com (the “Website”).
The following terminology applies to these Terms. “The Company,” “We,” “Our,” “Us” and any derivatives refer to Chattercap LLC. “The Games” refers to video games developed and published by Chattercap LLC.


Acceptance of Terms


By accessing this website, you agree to be bound by the Terms and the Privacy Policy that is incorporated by reference into the Terms. Do not use the Website if you do not agree to all of the terms and conditions stated on this page.


These Terms may be revised and updated at any time by the sole discretion of the Company by posting the amended Terms on the Website. If you continue to access the Website, you agree to the amended Terms. 


Intellectual Property Rights


The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, graphics, photos, videos, information, and content (collectively, the “Content”) and all intellectual property rights to the same are owned by the Company. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title, or interest in the Website or the Content. Any rights not expressly granted in these Terms are  reserved by the Company. Any use of the Website or the Content not expressly granted in these Terms is a breach of these Terms and may violate copyright, trademark, or other laws.


You may elect to informally provide us with feedback or ideas (“Feedback”) regarding the Games or the Website, including suggested improvements. You agree that the Company will own, and you hereby assign to the Company, your intellectual property rights in and to any Feedback. The Company will be free to use, disclose, reproduce, distribute, and exploit the Feedback, royalty-free, without obligation or restriction of any kind on account of intellectual property rights or otherwise. 


Website Access and Use


Access to the Website including, without limitation, the Content, is provided for your information and personal, non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws, including, without limitation, copyright law. Except as expressly permitted in these Terms, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit the Content for any purpose without obtaining prior written consent from the Company or, in the case of third-party content, its respective owner.


Except as expressly permitted in these Terms, you may not:

 


  • Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or the Content;

  • Circumvent, disable, or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the  Content; 

  • Use an automatic device (such as a robot or spider) or manual process to copy or scrape the Website or the Content for any purpose without the express written permission of the Company. Notwithstanding the foregoing, the Company grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy the Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of the Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;

  • Collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, and email addresses;

  • Attempt to interfere with the proper working of the Website or impair, overburden, or disable the same;

  • Decompile, reverse engineer, or disassemble any portion of the Website;

  • Use network-monitoring software to determine architecture of or extract usage data from the Website;

  • Encourage conduct that violates any local, state, or federal law, either civil or criminal, or impersonate another user, person, or entity;

  • Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.


You agree to cooperate fully with the Company to investigate any suspected or actual activity that is in breach of the Terms.


Information Published on the Site


We provide the Website including, without limitation, the Content, for entertainment, informational, and promotional purposes only. You may not rely on any information and opinions expressed on the Website for any other purpose. The information and materials in the Content are not guaranteed or represented to be complete, correct, or up to date, and it may be changed from time to time without notice. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on the Content.

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Interruption or Discontinuation of Service


We reserve the right to halt or discontinue any and all services at our discretion without prior notice. We accept no responsibility for damages incurred in the event of service suspension.


Conditions for Linking to Website


Upon your acceptance of these terms, we hereby grant you a non-exclusive, limited license, revocable at our discretion, for you to link to the Website from any site you own or control that is not commercially competitive with the Website and does not criticize or otherwise injure the Website, so long as the site where the link resides, and all other locations to which the site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten, or violate the rights of privacy, publicity, intellectual property, or other legal rights of others or, in any way, post, publish, distribute, disseminate, or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, or illegal/unlawful information, topic, name, or material. Such a link is not an endorsement of other such sites by us. All of our rights and remedies are expressly reserved. 


Privacy Policy


Any information we collect on the Website and through the Games is subject to our Privacy Policy. By using the Website or the Games, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 


Links to Third-Party Websites or Services


The Website may contain links to other sites maintained by third parties. We do not operate, control, or necessarily endorse the content found on these third-party sites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party sites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website. 


Indemnification


You agree to indemnify and hold harmless the Company and its distribution partners, affiliates, and service providers, and their respective members, officers, directors, employees, contractors, agents, licensers, suppliers, and successors, from and against any and all claims, liabilities, losses, damages, obligations, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with (i) your access to or use of the Website; (ii) any actual or alleged violation or breach by of these Terms; (iii) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (iv) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. 


Disclaimers


YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR THE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED. 

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Limitation of Liability


UNDER NO CIRCUMSTANCES SHALL THE COMPANY AND ITS DISTRIBUTION PARTNERS, AFFILIATES, AND SERVICE PROVIDERS, AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSERS, SUPPLIERS, AND SUCCESSORS, BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE. 


Governing Law and Jurisdiction


All matters relating to the Website or the Games, including these Terms and any related disputes or claims, will be governed by and construed in accordance with the internal laws of the State of Hawaii, without giving effect to any choice or conflict of law provision or rule.


Any legal suit, action, or proceeding arising out of, or related to, these Terms, including the Website or the Games, shall be instituted exclusively in the federal and state courts located in Honolulu County, Hawaii, USA. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.


Waiver and Severability


Any delay or failure on the part of us to exercise or enforce any rights under these Terms to which we may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief. The section     headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. 


Entire Agreement


These Terms of Use (including the Privacy Policy and any additional documents incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter. 

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