OnlineFreeChat.com Terms-of-Use Agreement
Last Updated: June 4, 2018
Stelivo LLC, a Florida limited liability company (the “Company”), welcomes you to OnlineFreeChat.com (the “Website”). It is important to the Company that you and other visitors have the best possible experience while using the Website, and that, when you use the Website, you understand your legal rights and obligations. Please read this terms-of-use agreement, which is a legal agreement between you and the Company that governs your access to and use of the Website, including any content, functionality, and services offered on or through the Website. Your access to the Website is on the condition that you agree to this agreement. Please pay special attention to the following: (1) disclaimer of warranties (section 17); (2) limitation on liability (section 18); (3) governing law and jurisdiction (section 20); (4) arbitration (section 21); (5) jury trial waiver (section 23); (6) class action waiver (section 24); and (7) limitation on time to file disputes (section 25).
Section 230(d) Notice: In accordance with 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms.
Age Restriction: Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. The Company forbids all persons who do not meet these age requirements from accessing the Website. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which the Company provides for informational purposes only and does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
Notice of Explicit Content: The Website may contain content that you may find offensive, indecent, or objectionable, including heterosexual, bisexual, homosexual, and transsexual situations of a sexual nature. This content may or may not be identified as having attributes that you may find offensive. You acknowledge that you use the Website at your own risk, and the Company has no liability to you for any content you view. Content categories, tags, types, genres, and descriptions are provided by users, and the Company does not guarantee their accuracy.
Child Pornography Prohibited: The Company prohibits pornographic content involving minors. The Company only allows visual media of consenting adults for consenting adults on the Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website, please report this to the Company promptly at email@example.com. Please include with your report all appropriate evidence, including the date and time of identification. The Company will promptly investigate all reports and take appropriate action. The Company fully cooperates with any law-enforcement agency investigating child pornography.
1.1 The Website allows users to view, download, upload, share, and discuss user generated pornographic content, including sexually explicit images and videos. To use the Website’s interactive features, including uploading and discussing content, you have to register with the Website through the Website’s free online registration process.
1.2 This agreement applies to all users of the Website, whether you are a “visitor” or a “registered user.” By clicking on the “I Agree” button on the Warning Page, checking the appropriate box during registration, registering for an account, uploading content, or accessing any part of the Website, you agree to this agreement. If you do not want to agree to this agreement, you must leave the Website. If you breach any part of this agreement, the Company may revoke your license to access the Website, block your IP address, and cancel your account (if you have one).
1.3 The Company is not liable for anything that you post or say while you are on the Website. The Company does not monitor the content of the Website, but if the Company does see, or someone tells the Company that you have posted, something that the Company finds inappropriate, the Company will remove it. If you post content that belongs to someone else and they get annoyed (or even call in their lawyers), the Company is not in the firing line. You have to take responsibility for what you post.
1.4 The Company may change this agreement on one or more occasions by updating this page. The top of this page will tell you when the Company last updated this agreement. Changes will take effect on the “last updated” date stated on the top of this page. Changes will not operate retroactively. The Company will try to notify you when it changes this agreement if it can do so in a reasonable manner. But you should frequently check this page to make sure that you are operating under the most current version of this agreement. The Company will consider your continued use of the Website after it posts the changes as your acceptance of the changes even if you do not read them. If you do not agree to the changes, your sole remedy is to stop accessing the Website.
1.5 If you have any questions about this agreement or any questions or comments about the Website, please email the Company at firstname.lastname@example.org.
2. Adult-Oriented Content and Affirmative Representations
2.1 The Website contains uncensored sexually explicit material unsuitable for minors. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. If you do not meet these age requirements, you must not access the Website and must leave now.
2.2 By accessing the Website, you state that the following facts are accurate:
(a) You (1) are at least 18-years old, (2) have reached the age of majority where you live, and (3) have the legal capacity to enter into this agreement;
(b) All information you provided to the Company is accurate, and you will promptly update this information when necessary to make sure that it remains accurate;
(c) You are aware of the adult nature of the content available on the Website, and you are not offended by visual images, verbal descriptions, and audio sounds of a sexually oriented nature, which may include graphic visual depictions and descriptions of nudity and sexual activity;
(d) You are familiar with your community’s laws affecting your right to access adult-oriented materials, including sexually explicit material depicting bondage, S/M, and other fetish activities;
(e) You have the legal right to access adult-oriented materials, including sexually explicit material depicting bondage, S/M, and other fetish activities, and the Company has legal right to transmit them to you;
(f) You are voluntarily requesting adult-oriented materials for your own private enjoyment;
(g) You are not accessing the Website from a place, country, or location in which doing so would, or could be considered a violation of any law;
(h) You will not share these materials with a minor or otherwise make them available to a minor; and
(i) By accessing the Website, you will have released and discharged the providers, owners, and creators of the Website from all liability that might arise.
3. Your Account
3.1 Account Creation
To access some of the Website’s features, you must create an account. Registration is free and for a single user only. To register, you must complete the registration process by providing the Company with accurate information as prompted by the registration form. You also must choose a password and a username.
3.2 Responsibility for Account
You are responsible for maintaining the confidentiality of your password and account. Further, you are responsible for all activities that occur under your account. You will promptly notify the Company of any unauthorized use of your account or any other breach of security.
3.3 Liability for Account Misuse
The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Company or another party due to someone else using your account or password.
3.4 Use of Other Accounts
You must not use anyone else’s account at any time.
3.5 Account Security
The Company cares about the integrity and security of your personal information. But the Company cannot guarantee that unauthorized third parties will never be able to defeat the Website’s security measures or use any personal information you provide to the Company for improper purposes. You acknowledge that you provide your personal information at your own risk.
3.6 Communication Preferences
4. Intellectual-Property Rights
4.1 The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, videos, and audio, and the design, selection, and arrangement of it) are owned by the Company, its licensors, or other providers of that material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2 The Company hereby grants you a limited license to use the Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Company’s Website, except as follows:
4.3 You must not:
4.4 You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
4.5 If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of this agreement, your right to use the Website will stop immediately and you must, at the Company’s option, return or destroy any copies of the materials you have made. No interest in or to the Website or any content on the Website is transferred to you, and the Company reserves all rights not expressly granted. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.
6. Prohibited Uses
6.1 You may use the Website only for lawful purposes and in accordance with this agreement. You must not use the Website:
6.2 Additionally, you must not:
7. User Contributions
7.4 You state that the following facts are accurate:
8. Monitoring and Enforcement; Termination
8.1 The Company may:
9. Content Standards
9.1 These content standards apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. User Contributions must not:
9.2 In addition, while using the Interactive Services, you must not
10. Copyright Infringement
11. Reliance on Information Posted
11.1 The information presented on or through the Website is made available solely for general information purposes. The Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on those materials by you or any other visitor to the Website or by anyone who may be informed of any of its contents.
11.2 The Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the Company’s opinion. The Company is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
11.3 The Company does not control or endorse the content, messages, or information found in any User Contribution or Interactive Service, and the Company will not be liable for the Interactive Services and any actions resulting from your participation in any Interactive Service. Administrators, moderators, and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company.
12. Third-Party Conduct and Risk of Harm
13. Changes to the Website; Availability
13.1 The Company may update the content on this Website on one or more occasions, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and the Company is not required to update that material.
13.2 While the Company will try to make sure that the Website is always available, it does not guarantee continuous, uninterrupted, or secure access to the Website. Many factors or circumstances outside of the Company’s control may interfere with or adversely affect its operation of the Website.
16. Geographic Restrictions
17. Warranty Disclaimers
17.1 You acknowledge that the Company cannot and does not state that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.
17.2 Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Company provides the Website, its content, and any services or items obtained through the Website “as is” and “as available,” without making any warranty, either express or implied. Neither the Company nor any person associated with the Company is making any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Neither the Company nor anyone associated with the Company represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that the Website or the service that makes it available are free of viruses or other harmful components; or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
17.3 The Company is not making any warranty, whether express, implied, statutory, or otherwise, including any warranty of merchantability, noninfringement, and fitness for particular purpose. No advice or information, whether oral or written, obtained from the Company, the Website, or elsewhere will create any warranty not expressly stated in this agreement.
17.4 The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
18. Limitation on Liability
18.1 To the fullest extent provided by law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website, or those other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
18.2 The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
19.1 In General
You will pay the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns for any loss of theirs that is caused by your violation of this agreement or your use of the Website, including your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in this agreement or your use of any information obtained from the Website. But you are not required to pay if the loss was caused by the Company’s intentional misconduct.
(a) “Loss” means an amount that any indemnified party is legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages.
(b) A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
19.3 Duty to Notify You
Any indemnified party seeking indemnification will notify you before the 30th day after that party knew or should reasonably have known of a claim for a loss that you might be obligated to pay. But the indemnified party’s failure to timely notify you does not end your obligation, except if that failure prejudices your ability to defend a claim or mitigate losses.
19.4 Legal Defense of a Claim
The indemnified party has control over defending a claim for a loss (including settling it), unless that party directs you to control the defense. If the indemnified party directs you to control the defense, you will not settle any litigation without that party’s written consent if the settlement (1) imposes a penalty or limitation on that party, (2) admits that party’s fault, or (3) does not fully release that party from liability. The parties will cooperate with each other in good faith on a claim.
19.5 No Exclusivity
The indemnified party’s rights under this section 19 do not affect other rights that party might have.
20. Governing Law and Jurisdiction
22. Attorneys’ Fees
23. Jury Trial Waiver
24. Class Action Waiver
25. Limitation on Time to Bring Claims
26.1 Entire Agreement
26.3 Assignment and Delegation
The parties intend as follows:
(a) Sending Notice to the Company
(b) Sending Notice to You—Electronic Notice
26.7 Force Majeure
The Company is not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay its performance, including:
(a) Acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
(b) War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
(c) Fiber cuts;
(d) Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;
(e) Failure of the telecommunications or information services infrastructure; and
(f) Hacking, SPAM, or any failure of a computer, server, network, or software.
26.8 No Third-Party Beneficiaries
26.9 Relationship of the Parties
26.10 Successors and Assigns
26.11 Electronic Communications Not Private
26.12 Electronic Signatures
26.13 Consumer Rights Information—California Residents Only
This section 26.13 applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:Stelivo LLC
3030 N. Rocky Point Drive W.
Tampa, FL 33607
Users who want to gain access to any password-restricted area of the Website must register. The Company does not charge consumers for registering. You may contact the Company at email@example.com to resolve any disputes or to receive further information about the Website.