Terms and Conditions
- 1. Acceptance of Terms
Welcome to www.anybodyoutthere.com (the "website"). Please read these terms and conditions (the "Agreement") carefully before using our website, and check them periodically for changes. If you do not agree with these terms and conditions you are not authorized to use our website or and Service (as defined below).
Use of our website and/or the services available on our website from time to time (including without limitation any search engine, chat platform, polls, forums, blogs, instant messaging, programs, functions, tools, components, and all related applications and reports), as well as any Content (as defined below), (altogether the "Service") is subject to the provisions of this Agreement. Using the Service constitutes your unqualified consent to be bound by this Agreement. This Agreement is between AOT Online Technologies Ltd., ("us" or "we"), and you whether you are a non-registered visitor or a registered user, and "you" means an individual and if you are acting on behalf of a legal entity, you and such legal entity, or any person accessing jointly and severally. If you provide details of your membership, account, ID, registration or associated passwords to any other person, you agree to be responsible that such other person complies with this Agreement and for any consequences, claims losses or damages resulting from any breach or violation of this Agreement by such other person.
We may change the terms of this Agreement or the Service at any time(s) and in our sole discretion, upon posting notice on our website. Your continued use of our website or Service shall constitute your consent to any changes made. If you do not agree to the new or different terms, you should not use our website or the Service.
Use of our website and the Service is available to you only if you are 13 years of age or older. By registering for the Service, you represent and warrant that you are 13 or older and that you have the capacity to understand, agree to and comply with this Agreement. If you are between the ages of 13 and 18, you must review this Agreement with your parent or legal guardian to make sure that you and your parent or legal guardian understand this Agreement and agree to abide by all terms and conditions of this Agreement. If you do not qualify, you are not authorized to use the Service.
- 2. The Service
Our Service currently offers a unique online chat platform service that is intended to assist you to easily search for, identify, peak, participate and communicate with other people across a broad range of topics. We reserve the right to add or delete at any time features to or from the Service.
Portions of the Service may be subject to other terms and conditions contained on our website which relate to a particular service or activity conducted through or offered on our website, in addition to this Agreement. If conflicts exist between such terms and conditions and this Agreement, the terms of this Agreement shall govern unless such terms and conditions expressly state that they govern over this Agreement.
Access to and use of any Service including any Content (as defined below), is permitted only for your personal use (rather than commercial or other use), and only for as long as you are in full compliance with all of the provisions of this Agreement. Specifically, you are not authorized or permitted to access and use our website, Service or any Content for the purposes of making a profit or conducting or facilitating a commercial activity whatsoever.
If we offer downloads of software as part of the Service, such software (including without limitation any files, images incorporated in or generated by the software, and data accompanying the software, the "Software") is licensed to you by us or third-party licensors for your personal, noncommercial use only, provided that you keep intact all copyright and other proprietary notices and your use of such Software is strictly subject to the terms of this Agreement and any agreement accompanying the Software.
In using our Service, and specifically by submitting, posting, uploading, downloading, sending, receiving, uploading any Content (as defined below) you agree (i) to abide by all applicable local, state, federal, national and international laws and regulations, (ii) not, nor allow or facilitate a third party to, violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others or our policies or the operational or security mechanisms of the Service, and (iii) to inform us of any actual or potential violation or infringement of any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others or our policies or the operational or security mechanisms of the Service.
Without limiting the foregoing you may:
- Not use our Service to promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities, including without limitation child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity, deceptive impersonation, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Not use the Service for the provision of any expert or professional advice, including, without limitation, health or mental consulting or therapy, professional consulting such as advice provided for legal, accounting, securities, banking, investments and the like.
- Not interfere with the access, use or enjoyment of our Service by others (including without limitation causing greater demand on the Service than is deemed by us reasonable or disseminating a virus or other harmful component that tampers with, impairs or damages the Service, or any connected computer); harass, threaten or defame others; or promote hatred or bigotry towards any group of people.
- Not add a user or member to your mailing or member list without their prior written consent after adequate disclosure, or use information available on other users, if available, for antisocial, disruptive, or destructive purposes, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the internet.
- Not alter, modify, delete, forge, frame, copy, publicly display, publicly perform, rent, sell, create derivative works or otherwise interfere with, or in any manner disrupt, circumvent or compromise, any part of our website and the Service.
- Not access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on our website or any of our website's security and traffic management devices, software or routines.
- Not engage in any activity aimed to access, intercept or eavesdrop sessions, information or Content you are not specifically authorized to view or access.
- Not decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of our website or the Service except if and to the extent permitted by applicable law.
- Not use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to access our website or the Service, including, for example, for making Submissions, monitor or scrap Content or any other information whatsoever, or bypass any of our robot exclusion request (either on headers or anywhere else on our website).
- 3. No Rights of Membership or Rights for a Continued Service
We reserve the right at our sole and exclusive discretion to terminate, at any time and for whatever reason, your membership, account, ID, registration or use and/or block your access to our website or to the service, including in cases where we may suspect that you or anybody using your membership, account, ID or registration may be violating any term of this agreement or any applicable law, without derogating from any other right or remedy that we may have by law, equity or otherwise.
Portions of our Service may be accessible only to members, as selected by us in our sole discretion. The mere action of completing the various forms on our website or giving you a membership ID does not guarantee the provision or continued provision of any Service.
You agree that we are under no obligation to accept any person as a member of our website or to provide or continue to provide the Service or any portion of the Service for any time period. We reserve all rights to determine any policy regarding any portion of our website or Service.
- 4. Content available on our website or Service
During the use of our Service you may download, receive, have access or be exposed to various data and content including, without limitation, text, text messages, hyperlinks, meta-tags, files, graphics, logos, scripts, images, photographs, video, flash, music, sound recordings, lyrics, literary works, software programs ("Content").
We are not involved in nor part of any interaction between you and any other user or member of our Service or website. We have no control over the quality, safety or legality of, and do not pre-screen, monitor or endorse, any Content originated by a user, vendor or any other third party, and have no obligation to do so (though we reserve the right to do so). You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect to your use of our website, the Service or the Content. You expressly assume and agree to bear any and all risks associated with your use of, exposure to or reliance on any such Content.
Our Service has certain features that allow you to interact directly with other users and exchange information, including by public or private chat, instant messaging, sending private messages to other site members and posting comments in our forum section ("Chat"). Please respect and interact with other users as you would in any public arena. Exercise your judgment in evaluating and acting on (or ignoring) other users' Chat sessions. Content obtained from Chat may not be reliable, and it is not a good idea to take any action based solely or largely on Content you cannot confirm and we urge you not to do so. Remember, due to the anonymous nature of the Internet, other Chat users may not be who they say they are, know what they say they know or be affiliated with whom they say they are affiliated. Specifically, you are urged and requested not to rely on any opinion or advice provided by users including anyone claiming or pretending to be an expert, including for example, health, mental, medical, legal, securities, banking or investment consulting offered or provided to you as part of the Chat. You should be skeptical about Content provided by others, and you acknowledge that the use of any Content posted in the Chat is at your own risk. We do not endorse and are not responsible for the accuracy of the Content, and we shall not be responsible for any decisions made or actions taken or not taken based on such Content.
Users may post hypertext links to content hosted and maintained by third parties. Your access to any linked sites is at your own risk, so use good judgment before you click on any link or access any linked site. Do not reveal information that you do not want to make public, such as by posting your contact information or email address while using our Service.
- 5. Content you submit on the Service
With respect to any Content you may decide to submit, upload or send on our Service ("Submissions"), you hereby warrant and represent that that (i) you are the rightful owner of all of the intellectual property rights to your Submissions or have the appropriate license and sublicense rights from the owner, and that ownership of such rights is not in dispute, (ii) all of your Submissions are and will be true, complete and accurate and in compliance with all of the terms of this Agreement and any applicable laws and regulations (including that they are not fraudulent, obscene, pornographic, inappropriate or illegal activities, including without limitation child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity, deceptive impersonation, privacy infringement, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages), and (iii) if you are an entity or organization other than an individual, you are the authorized representative of the entity or organization, you have the legal right and authority to submit and display the Submission.
You hereby grant us (and our successors and affiliates) a worldwide, non-exclusive, perpetual, irrevocable, unrestricted, royalty-free, sub-licensable and transferable license to use, reproduce, and modify your Submissions (in each case directly or through subcontractors) for the purposes of providing the Service to you, in each case without compensation, liability or notice to you. You agree that all "moral rights" that you may have in your Submissions have been voluntarily waived by you. By defining your chat session as "public", you agree to grant us in addition to the license rights described above the license rights to distribute, promote, prepare derivative works of, publicly display and advertize the Content you submit in any media formats and through any media channels, in each case without compensation, liability or notice to you.
No portion of your Submissions shall be subject to any obligation of confidence on our part and you should expect no privacy with respect to your Submissions. You are strongly advised not to submit any personal content, including for example credit card numbers, passwords or access codes, information about your accounts, assets or information about your health, mental or legal situation. Remember, due to the anonymous nature of the Internet, other users may not be who they say they are, and such information may be used for illegal or wrongful purposes. Please note that even when your chat sessions are not defined as "public" users may try to intercept the Content of your chat by using unauthorized or unlawful means and we cannot and do guarantee that your Content will never be accessed.
You are entirely responsible for all your Submissions and the consequences of submitting, posting or publishing them on our Service.
We reserve the right to decide whether, where, and how a Submission is listed on the Service. Further. although we have no obligation to review any Submissions, we reserve the right, in our sole discretion, to monitor, edit and partially or fully remove any Submission without prior notice. If we have questions about your Submissions, you expressly authorize us to use your Personal Information to contact you.
- 6. Third party Content or Offerings
You hereby agree that that by providing your membership data to us, you hereby consent to, us sending, and you receiving, by all available means of communication you provide us, any communications from us including communications containing Content of a commercial nature relating to our website, Service, or about third party products and services.You acknowledge that we do not have to obtain your prior consent (whether written or oral) before sending such communications to you, provided that we shall immediately cease to send any such further communications should you notify us in writing that do not wish to receive such commercial content anymore.
- 7. Reports and Complaints
We want our Service to be safe, clean and free from any inappropriate Content or behavior. We therefore encourage you to report to us in English at firstname.lastname@example.org any suspected violations of this Agreement or any other additional terms or rules of conduct of our Service, in particular as they relate to inappropriate behavior or activity within the Service and copyright infringing materials. We reserve the right, but not the obligation, to investigate and take appropriate legal action in our sole discretion against anyone who we believe violates this Agreement, including removing the violating Content in whole or in part from the Service, suspending or terminating the membership of such violators or suspending or terminating their right to use and access our website and Service.
We have adopted and implemented a policy that provides for the termination of services or removal of violating Content with an emphasis on content which violate copyright of others. Therefore, if you want to report or complain about Content that infringes intellectual property rights of others your notice should contain the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Service; (d) information sufficient to permit us to contact you, such as your physical address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner's behalf. We reserve the right at any time and in our sole discretion, to remove any Content which in our sole judgment appears to infringe the intellectual property rights of another person or to violate this Agreement.
You hereby agree that removing any violating Content from the Service shall constitute your sole and exclusive remedy against us for any violating Content available on the Service.
- 9. Proprietary Rights
We reserve full ownership of all rights including all intellectual property rights to our website and the Service including any of our Content you may have access to, including without limitation trademarks, trade names and logos appearing on the Service, and you acknowledge that these are protected by copyrights, trademarks, service marks, patents or other proprietary rights, pursuant to laws and international conventions. Any rights to the our website, Service and Content not expressly granted herein are reserved.
- 10. Links to our website
Subject to the terms of this Agreement and as long as this Agreement is not terminated, you may display a link to our website as long as your use is not misleading, illegal or defamatory.
Subject to the terms of this Agreement and as long as this Agreement is not terminated, we grant to you, a nonexclusive, non-transferable, non-sublicensable license to display on your website the Service's logos for the sole purpose of providing a link from your website to our website's homepage, as long as your use is not misleading, illegal or defamatory. You may display the logo only in the form and size provided to you. You may not use the logo in any way that suggests that we endorse or sponsor your site, or that tarnishes, blurs or dilutes the quality of our trademarks or any associated goodwill, including without limitation displaying the logo on any page that contains infringing or illegal content. All use of and goodwill associated with the logo shall inure to our benefit.
- 11. Disclaimers of all Warranties
THE WEBSITE, THE SERVICE THE CONTENT AND THIRD PARTY OFFERINGS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY (I) THAT OUR WEBSITE, THE SERVICE, THE CONTENT AND THE THIRD PARTY OFFERINGS WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR OR VIRUS FREE; (IV) REGARDING THE USE OF THIS WEBSITE, THE SERVICE THE CONTENT AND THIRD PARTY OFFERINGS IN TERMS OF ITS CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE,.
Without limiting the foregoing, we cannot and do not assure that other users of our website or Service are or will be complying with this Agreement, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
- 12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR ACCESS, OR THE INABILITY (FOR ANY REASON) TO USE OR ACCESS, ANY PART OF THIS WEBSITE OR THE SERVICE OR THE CONTENT ANY THIRD PARTY OFFERINGS, (II) CONTENT, STATEMENTS, WARRANTIES, REPRESENTATIONS OR OTHER INFORMATION WHATSOEVER CONTAINED ON OUR WEBSITE OR AVAILABLE THROUGH THE SERVICE INCLUDING ANY CONTENT, WHETHER ORIGINATED FROM YOU OR A THIRD PARTY, (III) INACCURACIES OR ERRORS OF INFORMATION RECEIVED AS A RESULT OF USING OUR WEBSITE OR THE SERVICE, (IV) CONDUCT OF ANY USER OR OTHER THIRD PARTY ON THIS SITE OR THE SERVICE; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (V) ANY DECISION BY US TO TERMINATE OR SUSPEND THIS AGREENMENT WITH YOU OR BLOCK YOUR ACCESS TO OUR WEBSITE OR SERVICE, whether based on contract, tort, negligence, strict liability or otherwise. In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, you agree that our aggregate liability shall not exceed the amount of US$1.00.
All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between us and you.
- 13. Limitation of Claims
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our website or the Service, or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- 14. Indemnification
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY'S FEES, RELATED IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON OUR WEBSITE, THE SERVICE THE CONTENT OR THIRD PARTY OFFERINGS; (II) YOUR SUBMISSIONS; (III) ANY BREACH OF, OR DEFAULT IN, THIS AGREEMENT BY YOU; (IV) YOUR USE OF, RELIANCE ON OR ACCESS TO ANY THIRD PARTY SOFTWARE, APPLICATIONS OR DATA RESULTING FROM YOUR USE OF THE SITE OR THE SERVICES; AND (III) ANY DEFECTIVE, CONTAMINATED OR MALICIOUS DEVICE OR SOFTWARE, INCLUDING WITHOUT LIMITATION FILES, VIRUSES, WORMS OR TROJAN HORSES DISSEMINATED BY YOU OR ORIGINATING FROM YOUR EQUIPMENT OR NETWORK.
We will provide you with written notice of such claim, suit or action. You will not enter into any settlement or compromise of any such claim without our prior written consent. We reserve the right, in our sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defense of any claim.
- 15. Term and Termination
You may terminate this Agreement, for any or no cause, at any time, with notice to us which shall be effective upon our processing such notice. We may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. In furtherance and without limiting the foregoing, we intend to adopt a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to infringe intellectual property rights. Upon termination, you lose access to our Service.
- 16. Governing Law and Exclusive Courts
This Agreement will be governed solely and exclusively by Israeli law without regard to its choice of law or conflicts of law principles. You and us consent to the sole and exclusive jurisdiction and venue in the courts in Tel Aviv, Israel and except for such Court in Tel-Aviv no other Court or any authority shall have jurisdiction over any action relating to this Agreement, except that temporary relief to enjoin infringement of intellectual property rights may be sought by us (and only by us) in any court.
- 17. Miscellaneous
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under this Agreement shall not constitute a waiver of such term. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned us without restriction. You agree that no joint venture, partnership, employment, franchise or agency relationship exists between you and us as a result of the use of our website or the Service. This Agreement and our rules and policies on the website or the Service comprise the entire agreement between you and us, states our and our suppliers' entire liability and your exclusive remedy with respect to our website and Service, and supersede all prior agreements pertaining to this Agreement's and such rules' and policies' subject matter. Any change, waiver or amendment of this Agreement requires an express document signed and endorsed by a duly appointed representative of us. If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. The section titles in this Agreement are solely used for the convenience and have no legal or contractual significance. No provision of this Agreement shall be construed against us but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement.