1.0: Acceptance of Terms and Conditions
Welcome to GChatFortuneCookie.com (“Site”). We appreciate your continued interest in and use of the Site. The purpose of the Site is to educate and entertain users in all aspects of independent digital media. These Terms and Conditions including the Privacy Policy (collectively, “Agreement”) govern your use of the Site. The terms of the Agreement should be read carefully and thoroughly. By using the Site and the services available on, in connection with or through the Site, including without limitation creative content applications, widgets, analytical tools, or any other reasonable information gathering, creation, or distribution tool, you agree to be bound by all the terms of this Agreement and the Privacy Policy. We reserve the sole and exclusive right to change the terms of this Agreement and Privacy Policy at any time provided notice of any changes to this Agreement are posted in a clear and conspicuous place on the Site. Your use of the Site during and after any such changes constitutes your acceptance. Any changes to this Agreement apply as soon as they are posted provided that the Site posts notice of such
changes to this Agreement in a clear and conspicuous place on the Site. Any new features, (including without limitation video, applications, and other services now known or hereinafter devised, throughout the universe) shall be subject to this Agreement. Your use of the Site constitutes your agreement to and acceptance of this Agreement and if you do not agree to and accept the terms of this Agreement, please discontinue use of the Site immediately.
2.0: Privacy Policy
Please familiarize yourself with the Site’s Privacy Policy by visiting the Privacy Policy section HERE.
3.0: Access and Use
The Site makes no representation or warranty that any content accessible through the Site is appropriate for consumption or will be accessible outside of the United States of America. You are not authorized to access the Site from any location where doing so is illegal and if you choose to access the site from locations other than the United States of America, you do so at your own risk. You hereby agree to use the Site only for lawful purposes that would not violate the rights of the Site or any of its affiliates, licensees, and successors. The Site, in its sole and absolute discretion, reserves the irrevocable right to refused to offer access or use of the Site and/or the Site’s services to any person without notice and
for any reason whatsoever. The Site reserves the sole, absolute, and irrevocable right to modify, change, discontinue, temporarily or permanently any service or services on the Site, either in whole or in part, for any reason, with our without notice. You agree that the Site shall not be liable to you or any third party for any modification, change or discontinuation of any service or services on the Site, either in whole or in part. The Site is not intended for, nor directed at users who are minors (typically individuals under 18 years of age, depending on place of residence). Due to the Site’s inability to prevent minors from accessing our services, the Site must rely on the vigilance of parents, guardians, and those responsible for supervising minors to decide which material is appropriate for minors. Pursuant to 47 U.S.C. Section 230 (d) as amended, the Site hereby notifies you that parental software protection services are publicly available and may assist in filtering content inappropriate for minors. More information is available at http://www.netparents.org. You further understand and acknowledge that you may be exposed to content that may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and, by accessing
the Site, you automatically waive, any legal or equitable rights or remedies you have or may have against the Site with respect to such content.
4.0: Submissions Policy
Additional terms and conditions are applicable to users who submit creative content to the Site. This is defined earlier in this Agreement as the Submissions Policy. If a user submits creative content to the Site, the Submissions Policy is automatically binding and becomes a part of this Agreement as well. Please refer to the Submissions Policy HERE.
5.0: Interactive Functionalities
The Site will provide you and other users with the ability to use to various third party social media services (“Social Media Services”). Any dealings you have with Social Media Services while using the Site are between you and Social Media Services, and you agree that the Site is not liable for any loss or claim that you may have against any Social Media Services and that you are subject to their associated terms and conditions and privacy policies (if any) when using their services (if any). The Site may provide you and other users with the ability and opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or any other type of information and/or materials to us, the Site, other users, or any applicable related third party (“Postings”). Such Postings do not reflect the views of the Site and the Site does not have any obligation to monitor, edit, or reviewing any of the Postings on the Site. Although the Site does not have any obligation to monitor, edit or review any of the Postings on the Site, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Postings. The Site, its subsidiary, affiliate, successor, or related parties assume no responsibility or liability arising from the content of any such Postings no for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in the information within the Postings on the Site. The Site reserves the right (but not the obligation) to remove or edit any Postings at the Site’s sole and absolute discretion. In regards to any Postings attributable to you, you grant a nonexclusive, royalty-free, perpetual, irrevocable, and sub-licensable license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and/or display such Postings (including your submitted name) throughout the universe in any form of media and communication now known or hereinafter devised. You represent and warrant that you own or otherwise control all of the rights to your Postings and the content within and that the Postings are accurate. For Postings covered by intellectual property rights in any jurisdiction now known or hereinafter devised, throughout the universe, you specifically grant the following to the Site: a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license in perpetuity to use any Postings covered by intellectual property rights in any jurisdiction now known or hereinafter devised, throughout the universe.
6.0 Conduct of Site Users
You agree to NOT use the Site and any and all associated services to: (a) post, upload, e-mail, message, send, distribute, or transmit through any and all media now known or hereinafter devised any content that degrades, victimizes, harasses, or intimidates, any individual or group of individuals on the basis of race, ethnicity, gender, age, disability, religion, or sexual orientation; (b) post, upload, e-mail, message, send, distribute, or transmit through any and
all media now known or hereinafter devised any content that is harmful, unlawful, threatening, abusive, tortious, defamatory, obscene, libelous, fraudulent, contains graphic depictions of sexual or unlawful acts or is an unlawful invasion of another’s privacy; (c) post, upload, e-mail, message, send, distribute, or transmit through any and all media now known or hereinafter devised any content any content or material of any nature that contains any software viruses; (d) post, upload, e-mail, message, send, distribute, or transmit through any and all media now known or hereinafter devised any content that violates or infringes any patent, trademark, or copyright rights of a third party; and (e) post, upload, e-mail, message, send, distribute, or transmit through any and all media now known or hereinafter devised any content that you do not have the right to transmit under any law, contract, and/or fiduciary relationships.
7.0: Advertisers
The Site takes no responsibility for advertisements or any third party material posted anywhere on the Site, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Site are between you and the advertiser, and you agree that the Site is not liable for any loss or claim that you may have against an advertiser.
8.0: Export Control
The Site is controlled and operated from within its offices in the State of New York, United States of America. Unless otherwise specified, the materials on the Site are presented solely to promote and provide information about the Site’s products and services. The Site makes no representation that the materials in the Site are appropriate and available for use in all locations and countries. Those who choose to access the Site from countries other than the United States do so at their own risk and are responsible for compliance with local laws. Software available from the Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise re-exported to or to a national resident of: Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States of America has embargoed goods or to anyone on the United States Treasury Department list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
9.0: Disclaimers
THE SITE IS OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOU USE IT AT YOUR OWN RISK. NEITHER THE SITE, ITS AFFILIATES, LICENSEES, THIRD PARTIES, SUCCESSORS, OR SERVICE PROVIDERS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE
SITE, AND ANY THIRD PARTY CONTENT CONTAINED WITHIN AND/OR LINKED TO WILL OPERATE WITHOUT ERROR, INTERRUPTION, BE ERROR FREE, WILL BE AVAILABLE AT ANY TIME FOR USE, BE DEFECT FREE, WILL HAVE DEFECTS CURED WITHIN A TIMELY MANNER, OR WILL BE FREE FROM VIRUSES OR OTHER POTENTIALLY HARMFUL INFORMATION AND/OR COMPONENTS. THE SITE IS NOT LIABLE FOR ANY FOR ANY DAMAGES OR HARM RESULTING FROM OR ATTRIBUTABLE TO THE SITE’S FUNCTIONALITY, THIRD PARTY APPLICATIONS AND/OR WIDGETS, AND/OR ANY VIRUSES OR HARMFULTHERE MAY BE DELAYS, OMISSIONS, INACCURACIES, AND INTERRUPTIONS IN ANY NEWS, INFORMATION, OR ANY OTHER SERVICES AVAILABLE THROUGH THE SITE. CONTENT ON THE SITE IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON FOR ANY OTHER PURPOSE WHATSOEVER. THE SITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
DUE TO THE FUNCTIONAL NATURE OF THE SITE, THERE IS A HIGH PROBABILITY THAT YOU WILL BE ACCESSING THIRD PARTY APPLICATIONS, SERVICES, AND/OR WIDGETS. THE SITE IS NOT RESPONSIBLE FOR THE AVAILABILITY OF CONTENT OR OTHER SERVICES FROM THIRD PARTIES THAT MAY BE LINKED TO FROM THE SITE. THE SITE DOES NOT ENDORSE, IS NOT RESPONSIBLE, AND IS NOT LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS AVAILABLE FROM SUCH THIRD PARTIES. YOU FURTHER ACKNOWLEDGE THAT THE SITE SHALL NOT BE LIABLE, EITHER DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH SUCH THIRD PARTY SERVICES.
10.0: Limitation of Liability
YOUR USE OF AND BROWSING OF THE SITE IS STRICTLY AND FULLY AT YOUR OWN RISK. YOU ASSUME FULL AND COMPLETE RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT SAFETY PROCEDURES AND CHECK STANDARDS TO SATISFY YOUR OWN REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SITE, MAINTAINING MEANS FOR RECONSTRUCTING AND RECONFIGURING LOST DATA OR OTHER MANIPULATIONS OF THE INFORMATION PROVIDED HEREUNDER. IN NO EVENT SHALL THE SITE, ITS AFFILIATES, SUCCESSORS, LICENSEES, SUBSIDIARIES, SUPPLIERS, AND ASSOCIATED THIRD PARTIES BE LIABLE FOR ANY INDIRECT, DIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR ANY OTHER TYPE OF DAMAGES WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY NOW KNOWN OF HEREINAFTER DIVERSED AND RECOGNIZED THROUGHOUT THE
UNIVERSE (INCLUDING BUT NOT LIMITED TO: LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION OR LOST DATA) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, SERVICES, SOFTWARE ASSOCIATED WITH THE SITE. IN NO EVENT SHALL THE SITE, ITS AFFILIATES, SUCCESSORS, LICENSEES, SUBSIDIARIES, SUPPLIERS, AND ASSOCIATED THIRD PARTIES BE LIABLE FOR ANY INDIRECT, DIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR ANY OTHER TYPE OF DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY NOW KNOWN OF HEREINAFTER DIVERSED AND RECOGNIZED THROUGHOUT THE UNIVERSE (INCLUDING BUT NOT LIMITED TO: LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION OR LOST DATA) ARISING OUT OF ANY ERRORS, OMISSIONS, INTERRUPTIONS, INACURRACIES, PROBLEMS, SOFTWARE PROBLEMS, GOODS OR SERVICES ADVERTISED ON THE SITE THAT ARE INOPERABLE FOR ANY REASON WHATSOEVER, THE REMOVAL OF ANY RECORDS OR INFORMATION POSTED TO THE SITE FOR ANY REASON WHATSOEVER OR SIMILAR ISSUES ARISING OUT OF, IN CONNECTION WITH, AND/OR IN TRANSACTIONS WITH YOUR USE OF THE SITE. THE ABOVE PROVISIONS APPLY EVEN IF THE SITE, ITS AFFILIATES, SUCCESSORS, LICENSEES, SUBSIDIARIES, SUPPLIERS, AND THIRD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. SOME STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES AND SO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND INFORMATION SENT AND/OR RECEIVED HEREUNDER MAY NOT BE SECURE AND MAY BE INTERRUPTED BY THIRD PARTIES. IN THE EVENT OF LOSS, YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF THE MAITENANCE AND/OR REPAIR OR CORRECTION OF YOUR COMPUTER SYSTEM AND/OR ASSOCIATED PROPERTY.
11.0: Third Party Dealings
Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. The Site, its licensees, successors, affiliates, employees, directors, officers, and agents, and any other reasonably related party will NOT be responsible or liable for any loss and/ or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site.
12.0: Trademarks
The trademarks, logos, and service marks (“Trademarks”) displayed on the Site are registered, unregistered and/or common law trademarks of the Site and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Site or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that the Site will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking
of criminal prosecution.
13.0: Indemnification
By using the Site, you agree to indemnify and hold the Site, it’s directors, officers, employees, licensors, service providers, owners, contractors, and agents (“Indemnitee”), harmless from and against any and all claims, liability, losses, actions, suits, costs, damages, expenses (including all attorney’s fees and costs) any Indemnitee may incur based on your use of the Site, your transactions through the Site, the competitions operated through the Site, your breach of these Terms and Conditions or Privacy Policy or any competition rules, your violation of the rights of a third party, or your violation of any law, including export control laws. The Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Site and the Site’s defense of such claim.
14.0: Infringement Policy
Pursuant to 17 U.S.C. Section 512 and amended by the Digital Millennium Copyright Act (“DMCA”),
the Site reserves the right, but not the obligation to terminate your license to the Site if it determines, in its sole and absolute discretion, that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. The Site accommodates and does not interfere with the standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512 (c), the Site has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to the Site in a written complaint, either through mail or electronic mail, that complies with the requirements below and delivered to our designated agent to receive notification of claimed infringement:
GChatFortuneCookie.com
Attention: Copyright Agent
3840 E. Robinson Road
Amherst, New York 14228
By e-mail: contact@gchatfortunecookie.com
Any written notice, whether submitted by mail or electronic mail, regarding any defamatory or infringing activity, whether of a copyright, patent, trademark, or other proprietary right must include the following information:
15.0: Dispute Resolution
The terms of the Terms and Conditions, Submissions Policy (if applicable) and the Privacy Policy are governed by the laws of the United States of America and the laws of the State of New York applicable to contracts executed and performed within the State of New York, without giving any effect to conflict of laws of any other jurisdiction. These terms of the Terms and Conditions, Submissions Policy (if applicable) and the Privacy Policy are deemed executed in the State of New York. If a dispute arises between you and the Site, each party irrevocably agrees to: (a) resolve any and all possible disputes through binding arbitration conducted in Erie County, New York, United States of America in accordance with the rules of the American Arbitration Association (“AAA”); (b) bring any dispute to enforce arbitration under these terms of the Terms and Conditions, Submissions Policy (if applicable) and the Privacy Policy in the federal and state courts located in Erie County, New York, United States of America; and (c) submit to exclusive jurisdiction of those courts and waive any objection to the exclusive jurisdiction of those courts based on forum non conveniens or other grounds. Each party will be responsible for its expenses and an equal share of the arbitrators’ and administrative fees of arbitration. No injunctive relief, of any sort, of any kind, in any jurisdiction, in regards to any matter within the scope of these Terms and Conditions, Submissions Policy (if applicable) and Privacy Policy shall be brought by any party against the Site, it’s directors, officers, employees, licensors, service providers, owners, contractors, agents, licensees, successors, affiliates, and associated third parties. Notwithstanding the foregoing, the Site shall have the right to seek temporary injunctive relief if it determines it is necessary in connection with any breach of these Terms and Conditions, Submissions Policy (if applicable) and the Privacy Policy that could result in irreparable harm to the Site (including any intellectual property infringement).
16.0: Termination
The Site, in its sole and absolute discretion, may terminate your password (if any), account or any part thereof (if any), or your access to the Site, or remove and discard any communication transmitted by you or information stored, sent, or received via the Site without prior notice and for any reason or for no reason including, but not limited to: (a) concurrent access of the Site with identical user identification numbers, (b) permitting another person or entity to use your user identification number to access the Site, (c) any other access or use of the Site except as expressly provided in these Terms
and Conditions, (d) any violation of these Terms and Conditions or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Site, (e) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Site, or (f) failure to use the Site or portion thereof on a regular basis. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which the Site may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to the Site and its licensors.
17.0: General
