END-USER LICENSE AGREEMENT FOR HICHATTER SERVICES
This End-User License Agreement ("EULA") is a
legal agreement between you (either an individual or a single
entity, hereafter referred to as "You") and the mentioned author
(Hi Chatters s.r.l) of the website hosted on
www.hichatter.com, its
subdomains and all software downloaded from this mentioned site
and its subdomains including but not limited to Hichatter
Messenger (the "SOFTWARE), which include computer software,
access to Hichatter online services, and associated media,
printed materials, and "online" or electronic documentation
("SOFTWARE PRODUCT").By accessing, installing, copying, or
otherwise using the SOFTWARE or any portion thereof, you agree
to be bounded by the terms of this EULA. If you do not agree to
the terms of this EULA, do not access, install or use the
SOFTWARE or any portion of the SOFTWARE.
SOFTWARE PRODUCT LICENSE/MODIFICATION OF THE EULA
All versions of the SOFTWARE are protected by copyright laws and
international copyright treaties, as well as other intellectual
property laws and treaties.
The sole property belongs to Hi Chatter s.r.l The SOFTWARE may not be duplicated, sold, distributed or utilized in any manner not described herein without the prior written consent of Hi Chatter s.r.l
Parties interested in licensing the SOFTWARE for other than personal use should contact Hi Chatter s.r.l
Hi Chatter s.r.l, reserves the right to modify the
terms of this EULA, including, but not limited to, adding fees
and charges for use of all or any portion of the SOFTWARE. Any
changes, additions, or deletions shall be effective immediately
upon notice to you, which may be given by any means, including,
but not limited to:
(a) online posting through popup messages on Hichatter, or
(b) online posting at
www.Hichatter.com, or
(c) sending by electronic or conventional mail to any address
here provided by you to Hi Chatter s.r.l
Your use of Hichatter after such notice has been given to you shall be deemed to constitute acceptance of such changes, additions, or deletions.
REFUNDS AND REBATES
Please note that Hi Chatter s.r.l will not
refund or rebate any portion of any purchase price or fees paid
to Hi Chatter s.r.l in connection with the use of the SOFTWARE
or any associated products or services, except as required by
the laws of the United States of America or the state of
Florida, regardless of whether or not you chose to use the
SOFTWARE, associated products, or services, or you are prevented
from doing so because of a violation of this EULA.
EQUIPMENT USED WITH HICHATTER
You agree that You shall be responsible for
obtaining and maintaining all telephone, computer hardware, or
other equipment needed for access to Hichatter and all charges
related thereto. You agree that Hi Chatter s.r.l will not be
responsible for any damages to such equipment arising from the
use of the SOFTWARE or any portion of the SOFTWARE.SOFTWARE
LICENSE
All versions of the SOFTWARE are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The sole property belongs to Hi Chatter s.r.l The SOFTWARE may not be duplicated, sold, distributed or utilized in any manner not described herein without the prior written consent of Hi Chatter s.r.l Parties interested in licensing the SOFTWARE for other than personal use should contact Hi Chatter s.r.l at copyright@Hichatter.com.
GRANT OF LICENSE
This EULA grants you the following rights:
Installation and Use:
You may install and use an unlimited number of copies of the
SOFTWARE.
Reproduction and Distribution:
You may reproduce and distribute an unlimited number of copies
of Hichatter Communicator but not any other part of the SOFTWARE
including but not limited to the Hichatter.com website contents
and materials; provided that each copy shall be a true and
complete copy, including all copyright and trademark notices,
and shall be accompanied by a copy of this EULA.
Copies of Hichatter Communicator may be distributed as a standalone product or included with your own product as long as these copies are not sold or included in a product or package that intends to receive benefits through the inclusion of this part of the SOFTWARE.
Hichatter Communicator may be included in any free or non-profit packages or products.
RESTRICTIONS
You must maintain all copyright notices on all
copies of the SOFTWARE.
LIMITATIONS
You may not modify, reverse engineer, decompile, or disassemble
the SOFTWARE, except and only to the extent that such activity
is expressly permitted by applicable law notwithstanding this
limitation.
RENTAL
You may not rent or lease or lend the SOFTWARE.
SEPARATION OF COMPONENTS
The SOFTWARE is licensed as a single product.
Its component parts may not be separated for use on more than
one computer.
SOFTWARE TRANSFER
You may permanently transfer all of your rights under this EULA
one time, provided you retain no copies, you transfer all of the
SOFTWARE (including all component parts, the media and printed
materials, any upgrades, this EULA and, if applicable, the
Certificate of Authenticity), you do not receive any payment or
other compensation for transferring the SOFTWARE and the
recipient agrees to the terms of this EULA. If the SOFTWARE
portion is an upgrade, any transfer must include all prior
versions of the SOFTWARE.
REPLACEMENT, MODIFICATION AND UPGRADE OF THE
SOFTWARE
Hi Chatter s.r.l reserves the right to replace,
modify or upgrade the SOFTWARE at any time by offering you a
replacement or modified version of the SOFTWARE or such upgrade
and to charge for such replacement, modification or upgrade. Any
such replacement or modified software code or upgrade to the
SOFTWARE offered to you by Hi Chatter s.r.l shall be considered
part of the SOFTWARE and subject to the terms of this EULA
(unless this EULA is superseded by a further EULA accompanying
such replacement or modified version of or upgrade to the
SOFTWARE). In the event that Hi Chatter s.r.l offers a
replacement or modified version of or any upgrade to the
SOFTWARE,
(a) your continued use of the SOFTWARE is conditioned on your
acceptance of such replacement or modified version of or upgrade
to the SOFTWARE and any accompanying superseding EULA and
(b) in the case of the replacement or modified SOFTWARE, your
use of all prior versions of the SOFTWARE is terminated.
TERMINATION
Without prejudice to any other rights, the Author of this
Software (Hi Chatter s.r.l) may terminate this EULA if you fail
to comply with any terms and conditions of this EULA. In such
event, you must destroy all copies of the SOFTWARE and all of
its component parts.
SUPPORT SERVICES
Hi Chatter s.r.l, may provide you with support
services related to the SOFTWARE ("Support Services"), in its
discretion. Use of Support Services, if any, is governed by the
Hi Chatter s.r.l, policies and programs described in the user
manual, in "online" documentation, and/or other Hi Chatter s.r.l,
provided materials. Any supplemental software code provided to
you as a part of Support Services shall be considered part of
the SOFTWARE and subject to the terms of this EULA. With respect
to technical information you provide to Hi Chatter s.r.l, as
part of the Support Services, Hi Chatter s.r.l, may use such
information for its business purposes, including for product
support and development. Hi Chatter s.r.l will not utilize such
technical information in a form that personally identifies you
except to the extent necessary to provide you with support.
Assisted support for the SOFTWARE is available by contacting the Online Support Staff. This assistance is provided to you free of charge and Hi Chatter s.r.l expressly disclaims any warranty for the support quality and any advice is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of the provided support remains with you.
For more information on the SOFTWARE, visit the Hichatter website at www.Hichatter.com
STORAGE/MESSAGE LIMITATIONS
The amount of storage space per user is
limited. Some messages may not be processed due to space
constraints, inbound or outbound message limitations. You agree
that Hi Chatter s.r.l is not responsible or liable for the
deletion or failure to process or store messages. Hi Chatter
s.r.l shall have no obligation to maintain any content in your
account or to forward messages to you or any third party.
COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but
not limited to any images, photographs, animations, video,
audio, music, and text incorporated into the SOFTWARE), the
accompanying printed materials, and any copies of the SOFTWARE
are owned by the Author of this Software: Hi Chatter s.r.l The
SOFTWARE is protected by copyright laws and international treaty
provisions. Therefore, you must treat the SOFTWARE like any
other copyrighted material.
DISCLAIMER OF WARRANTIES
The Author of this Software (Hi Chatter s.r.l)
expressly disclaims any warranty for the SOFTWARE. The SOFTWARE
and any related documentation or other products or services of
Hi Chatter s.r.l, all of which are provided "as is" without
warranty of any kind, either express or implied, including,
without limitation, the implied warranties or merchantability,
fitness for a particular purpose, or non-infringement. The
entire risk arising out of use or performance of the SOFTWARE,
SOFTWARE INFORMATION and other products or services of Hichatter
remains with you.
YOU EXPRESSLY AGREE THAT USE OF Hichatter Communicator IS AT YOUR OWN RISK. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM - EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE - INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF Hichatter Communicator IS GIVEN OR ASSUMED BY Hi Chatter s.r.l ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. Hi Chatter s.r.l MAKES NO WARRANTY THAT Hichatter Communicator WILL MEET YOUR REQUIREMENTS, OR THAT Hichatter Communicator WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
NO LIABILITY FOR DAMAGES
In no event shall the author of this Software be liable for any
special, consequential, incidental or indirect damages
whatsoever (including, without limitation, damages for loss of
business profits, business interruption, loss of business
information, or any other pecuniary loss) arising out of the use
of or inability to use this product, even if the Author of this
Software (Hi Chatter s.r.l) is aware of the possibility of such
damages and known defects.
REGISTRATION
Hichatter Communicator is a freeware product.
It may be used free of charge. However some services provided by
this product are not free and the prices for using such services
are provided on the website
www.Hichatter.com.
Hi Chatter s.r.l reserves all rights to start charging for using this product or any related services at any time without a previous notice.
UNINSTALL
By uninstalling the SOFTWARE all files and
folders created by the SOFTWARE will be removed. Make sure to
backup the received and history log files before you remove
Hichatter from your computer if you want to preserve them. The
author (Hi Chatter s.r.l) is not responsible of any damages or
loss of any files stored in these and other of your folders.
CHAT SERVICE
The chat service available on or through this SOFTWARE is
provided to you by Hi Chatter s.r.l on an "AS IS" basis subject
to the provisions contained herein for your private personal use
only. Any other use or attempt to use Hichatter for commercial
purposes, promotion of products and services, or other such
purposes, directly or indirectly, by you or by a third party is
prohibited
CHILDREN UNDER 13
Please note that Hichatter as well as the
Hichatter Web site, network, system, software, service, servers,
various directories and listings, various message and news
boards, tools, information and databases, are NOT FOR USE BY
CHILDREN UNDER 13 YEARS OF AGE. If it comes to Hi Chatter
s.r.l's attention through reliable means that a registered user
is a child under 13 years of age, Hi Chatter s.r.l will cancel
that user's account.
PROHIBITED ACTIONS
You agree that you will not:
1- harass, threaten, abuse, defame, embarrass or cause
distress or discomfort upon another Hichatter participant;
2- transmit via Hichatter any information, data, text, files,
links, software, chat, content, communication or other materials
and terms of expression("Information") that are offensive,
racial, discriminating, unlawful, information or instructions
concerning illegal activities, harmful, threatening, abusive,
harassing, defamatory, obscene, or otherwise objectionable;
3- transmit via Hichatter any Information that infringes any
patent, trademark, trade secret, copyright or other proprietary
right;
4- disrupt the normal flow of Information on or through
Hichatter or otherwise act in a manner that negatively affects
other participants;
5- post or transmit any unsolicited advertising, promotional
materials, or any other forms of solicitation;
6- intentionally or unintentionally violate any applicable
local, state, national or international law;
7- translate, decompile, reverse engineer, disassemble, modify,
copy, alter, merge into other software, reproduce, rent, lease,
lend, distribute, remarket or otherwise dispose of the SOFTWARE
or SOFTWARE INFORMATION or any part thereof in any manner other
than as authorized by this EULA or by a separate written
agreement between You and Hichatter (Hi Chatter s.r.l).
8- Impersonate any person, leader, Hichatter official,
administrator, helper or host.
CERTAIN RISKS
You acknowledge that there are certain risks
inherent to the use of Hichatter. These include, but are not
limited to, disclosure of confidential information (including
personal details), the improper operation of Hichatter (such as
failing to function or to function correctly), and the risk that
third parties directly or impersonating themselves as someone
they are not, will contact you or attempt to contact you as a
result of Hi Chatter s.r.l's provision of and/or your use of
Hichatter.
IF YOU PUBLISH PERSONAL INFORMATION, THERE IS A POSSIBILITY THAT THIRD PARTIES COULD HARASS YOU, ATTEMPT TO CONTACT YOU, AND, TRY TO HARM YOU. THEREFORE, IT IS IMPORTANT THAT YOU CAREFULLY CONSIDER THE RISK BEFORE DISCLOSING AND PUBLISHING PERSONAL INFORMATION AND THAT YOU UNDERSTAND THAT ANY SUCH DISCLOSURE AND PUBLISHING ARE MADE BY YOU AT YOUR OWN RISK.
You should also note that the file transfer, the private calls and the webcam conferences you establish on or through Hichatter will be stamped with your IP address, thus allowing third parties to view it, and/or use it for harmful, unlawful, or distressing purposes.
Without limitations to the generality of the aforesaid and foregoing, due to the nature of Internet, computers, data flow, and other technical and economical practicalities, Hichatter Communicator as, like most computer data and Internet applications, is vulnerable to various security issues and hence should be considered unsecured. By using the Hichatter Communicator and the Internet in general, you may be subject to various risks, including among others eavesdropping, sniffing, spoofing, forgery, spamming, "imposturing", tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including without limitation, viruses, worms, Trojan horses, causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful. Information received or delivered on and through Hichatter Communicator may be subject to other security or privacy hazards or may not reach its destination or reach an erroneous address or recipient. Hichatter Communicator is not different than other applications in this respect.
INFORMATION
You must evaluate, and bear the risk associated with, the
accuracy, completeness or usefulness of any Information received
on or through Hichatter Communicator. Hi Chatter s.r.l shall not
be obligated to actively monitor the Information users deliver
or send on or through Hichatter Communicator and shall not be
responsible for any Information received on or through Hichatter
Communicator.
THE INFORMATION ON HICHATTER COMMUNICATOR MAY INCLUDE
INAPPROPRIATE MATERIAL. BY ENTERING HICHATTER COMMUNICATOR YOU
UNDERTAKE FULL RESPONSIBILITY FOR:
(A) DETERMINING WHETHER THE INFORMATION COMPLIES WITH YOUR NEEDS
(B) DETERMINING WHETHER YOU HAVE ADEQUATE LEGAL RIGHTS TO STORE,
REPRODUCE OR OTHERWISE USE THE INFORMATION IN ANY MANNER
CONTEMPLATED BY YOU
(C) COMPLIANCE WITH ANY LEGAL OBLIGATIONS, INCLUDING BUT NOT
LIMITED TO, OBLIGATIONS IMPOSED BY COPYRIGHT, SECRECY,
DEFAMATION, DECENCY, PRIVACY AND EXPORT LAWS. IF YOU DO NOT
AGREE TO THESE TERMS, DO NOT ENTER HICHATTER COMMUNICATOR.
HI CHATTER S.R.L DOES NOT WARRANT OR GUARANTEE:
1- that any Information received on or through Hichatter
Communicator will be free of infection by viruses, worms, Trojan
horses or anything else manifesting contaminating or destructive
properties;
2- that the Information received on or through Hichatter Communicator will not contain adult-oriented material, or material which some individuals may deem objectionable;
3- that the functions or services performed by Hi Chatter s.r.l will be uninterrupted or error-free or that defects in Hichatter Communicator will be corrected. It is the sole responsibility of the user to isolate software and Information, execute anti-contamination software and otherwise take steps to ensure that software or Information, if contaminated or infected, will not damage user's information or system.
HI CHATTER S.R.L MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE INFORMATION DELIVERED OR RECEIVED ON OR THROUGH HICHATTER COMMUNICATOR FOR ANY PURPOSE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. ALL SUCH INFORMATION IS SOLELY PROVIDED BY THE USERS. THE INFORMATION DELIVERED OR RECEIVED ON OR THROUGH HICHATTER COMMUNICATOR IS NOT REVIEWED, CONTROLLED OR EXAMINED BY HI CHATTER S.R.L IN ANY WAY BEFORE IT APPEARS ON HICHATTER COMMUNICATOR. HI CHATTER S.R.L DOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH INFORMATION. USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF THEIR MESSAGES AND MAY BE HELD LEGALLY LIABLE OR ACCOUNTABLE FOR THE CONTENTS OF THEIR MESSAGES (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS).
IN NO EVENT SHALL HI CHATTER S.R.L BE LIABLE TO ANY PARTY FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF HICHATTER COMMUNICATOR EVEN IF HI CHATTER S.R.L SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU.
In no event shall Hi Chatter s.r.l be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the Information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the content of messages.
ROOMS MONITORING
By installing or using this software, you
consent to allow Global Unicom, Inc to monitor or record any or
all of your activities and communications while using the
software. You also agree that Global Unicom, Inc does not need
to give you any notice of such monitoring or recording. Such
monitoring or recording, however, will only take place under the
circumstances set forth in the Hichatter Privacy Statement, as
amended from time to time, which you can view at
www.Hichatter.com.
MISCELLANEOUS
1- Hi Chatter s.r.l shall not be obligated but reserves the
right and the sole discretion to
(a) make improvements, corrections, adaptations, conversions and/or any other change in the SOFTWARE and to any part thereof and/or to a revised or new Terms of Use;
(b) change, limit, terminate or cease to provide at any time, temporarily or permanently, the SOFTWARE functionality or any part thereof, including but not limited to, to any room, nickname or robot, to all users or any number thereof including without limitation, the access to Hichatter Communicator and or the web site granted to you or to any other user, at any time, including but not limited while you are chatting or sending or delivering Information, without notice, for any reason or no reason;
(c) conduct scans for unsecured proxies, Trojan horses, viruses or any other means for interrupting the normal flow of information on Hichatter Communicator and deny or reject any connection to Hichatter Communicator of any user or any number thereof, using such unsecured proxies, Trojan horses, viruses or any other means of interrupting the normal flow of information on Hichatter Communicator;
(d) nominate any person who may not be an Hichatter employee to monitor, using his own discretion, any chat room and to allow him to deny or terminate access granted to you or any other user, without notice, at anytime, including while you are chatting or delivering or sending information. Hichatter may cancel such nomination, at any time for any reason or no reason;
(e) refrain from publishing on this Site and delete from this Site any Information or material provided for display or sent or delivered from any user;
(f) establish a new operating and usage policy for Hichatter Communicator and change it at any time for any reason or no reason;
(g) cancel, change, hold, de-list, introduce different options and features to different users or refrain from publishing Hichatter numbers or any other details of the users using Hichatter Communicator, at any time.
2- Hi Chatter s.r.l may change from time to time, the Terms of Service including these Terms of Use. You agree that your use of Hichatter Communicator and any other services, beyond a period of 30 days after a notice of such change has been provided on the Hichatter network or Web site for the first time, shall constitute your consent to the new or revised Hichatter Terms of Service.
3- In case of contradiction between any provision of the End User License Agreement ("EULA") and any provision of this document, the provision of the EULA shall prevail, unless the provision of this document reflects narrower responsibility on behalf of Hi Chatter s.r.l than the relevant provision of the EULA. In case of contradiction between any provision of this document and any provision of the help file or other Hichatter help file, or the Usage Notices the provision of this document shall prevail, unless the provision of the Hichatter help file or usage notices reflect narrower responsibility on behalf of Hi Chatter s.r.l than the relevant provision of this document in which case the narrower provisions will control.
4- Any reference made in this document to Hi Chatter s.r.l shall be deemed to have been made to Hi Chatter s.r.l, its subsidiaries, successors, assignees, affiliates as well as any company that controls Hi Chatter s.r.l, directly or indirectly, and any other subsidiary of that controlling company. GOVERNING LAW AMENDMENTS
5- The most recent and complete End User License Agreement (EULA) is available at www.Hichatter.com. In case of any conflict between any terms in the EULA that is distributed with the program and the EULA at www.Hichatter.com, then the EULA at www.Hichatter.com will be controlling.
In enforcing, interpreting and for all other purposes, this Agreement will be governed by the substantive laws of the State of Florida and in the event of a dispute arising hereunder, you agree to be bound by the exclusive jurisdiction of the federal and state courts located in the State of Florida, County of Sunrise. If a court determines any remedy provided to you under this Agreement has failed of its essential purpose, the limitations of liability and exclusion of damages and warranties above shall not be affected and remain in full force and effect