These Terms and Conditions (the "Terms") are a legal contract between you and MiniChat. These Terms explain how you are permitted to use the MiniChat mobile application and services, as well as the MiniChat website located at minichatapp.com and any content therein (collectively, the "Services"). Unless otherwise specified, all references to the "Services" include the services available through the MiniChat mobile application and the MiniChat website, as well as any software that MiniChat provides to you that allows you to access the Services from a mobile device. By using the Services, you are agreeing to all of the Terms; if you do not agree with any of these Terms, do not access or otherwise use the Services. You may download and/or print a copy of these Terms for you records at: minichatapp.com/terms.
Important Note: These Terms contain a dispute resolution and arbitration provision, including class action waiver, which affects your rights under these Terms and with respect to any dispute you may have with MiniChat. You may opt out of the binding individual arbitration and class action waiver as provided below.
MiniChat may make changes to the content and Services at any time. MiniChat can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on the Services or by notifying you via the App. By using the Services after MiniChat has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using Services.
The Services may not be available in all locations, and we may block access to the Services from certain locations based on your device's geolocation information; we may add to or remove the areas in which the Services are not available at any time, without notice to you. By using, you represent, acknowledge and agree that you are at least 13 years of age, or if you are under 13 years of age, that you have received your parent's or legal guardian's permission to use the Services and agree to these Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless MiniChat if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Services at any time or in any manner or submit any information to the MiniChat or the Services.
MiniChat provides content through the Services that is copyrighted and/or trademarked work of MiniChat or MiniChat's third-party licensors and suppliers or other users of the Services (collectively, the "Materials"). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, MiniChat hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Services solely for your personal use. Except for the foregoing license, you have no other rights in the Services or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
The Services are made available via Mobile Applications. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. MiniChat does not warrant that the Mobile Application will be compatible with your mobile device. MiniChat hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that MiniChat may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and MiniChat and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application. The following additional terms and conditions apply with respect to any Mobile Application that MiniChat provides to you designed for use on an Apple iOS-powered mobile device (an "iOS App"):
If you desire to register for an account with MiniChat to use the Services, you must download the App on your mobile device. When you open the app, you must agree to provide MiniChat with a unique username that will serve as your identity on the app. If you do not, the Services will not function. You must also provide your date of birth so MiniChat can make sure that you are at least 13 years of age. You may optionally provide MiniChat access to your phone's address book, in order to find friends within the applications, as well as invite contacts outside the application. You are partially required to agree to let MiniChat gather your location information. If you do not agree, parts of the Services will not function-- specifically creating minichats and viewing nearby minichats, since your general location data is required to execute these actions. You are not required to submit your real name or contact information. We also collect your mobile number to verify your account, as well as generate or collect a unique identifier for your mobile device, which will serve as your user ID.
By using the Services, you consent to receiving electronic communications from MiniChat. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with MiniChat. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You are responsible for any information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Services (each a "Submission") and through the Services available in connection with the Services. We reserve the right to retain your Submissions, even after they have expired from view within the App or even after you have deleted them. However, you agree that we have no obligation to retain any Submission for any period of time, nor shall we be responsible or liable to you or any third party for any lost content or losses related to the expiration or deletion of a Submission.
You may not upload, post or otherwise make available on the Services any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through the Services. When you provide Submissions you agree that those Submissions shall not be in violation of the "Unauthorized Activities" paragraph below. Those prohibitions do not require MiniChat to monitor, police or remove any Submissions or other information submitted by you or any other user.
When using the Services and/or the services, you agree not to:
This list of prohibitions provides examples and is not complete or exclusive. MiniChat reserves the right to (a) terminate access to your account, your ability to post to the Services (or use the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that MiniChat determines is inappropriate or disruptive to the Services or to any other user of the Services. MiniChat may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at MiniChat's discretion, MiniChat will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Services or on the Internet.
Unauthorized use of any Materials or Third-Party Content contained in the Services may violate certain laws and regulations. You agree to indemnify and hold MiniChat and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) MiniChat or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of the Services or the use of the Services by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
MiniChat is a trademark of MiniChat LLC in the United States. Other trademarks, names and logos on the Services are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on the Services, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of MiniChat, Copyright © 2014, MiniChat LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
The Mobile Application software that is provided to you through the Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if You are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
You agree that any feedback, suggestions, ideas, or other information or materials regarding MiniChat or the Services that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of MiniChat. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
MiniChat respects the intellectual property rights of others, and we ask you to do the same. MiniChat may, in appropriate circumstances and at our discretion, terminate service and/or access to the Services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide MiniChat's designated agent the following information:
By agreeing to these Terms you agree to indemnify, defend, and hold harmless MiniChat, our managing members, shareholders, employees, affiliates, licensors, and suppliers (the "MiniChat Parties") from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to (a) your access to or use of the Services; (b) any User Content you post, upload, use, distribute, store, or otherwise transmit through the Services; (c) your violation of these Terms; (d) your violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, or propriety right; or (e) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities.
Except where prohibited by law, in no event will MiniChat or the MiniChat Parties be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if MiniChat has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against MiniChat for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, MiniChat is found liable to you for any damage or loss that arises out of or is in any way connected with your use of the Services or any content, MiniChat's liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH MiniChat, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
A lawsuit, if any, by you or MiniChat against the other will occur in state or federal court in MIddlesex County, New Jersey. You and MiniChat agree that the jurisdiction and venue of these courts is exclusive.
Any dispute between you and MiniChat will be governed by these Terms and the laws of the State of New Jersey and applicable United States law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The Services are hosted in the United States. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.
MiniChat prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by MiniChat, may result in immediate termination of your access to the Services without prior notice to you. The Federal Arbitration Act, New Jersey state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or the Services will be heard in the courts located in Middlesex County in the State of New Jersey. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. MiniChat's failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and MiniChat and supersede all prior or contemporaneous negotiations, discussions or agreements between you and MiniChat about the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If you have any questions about these Terms or otherwise need to contact MiniChat for any reason, you can reach us at minichatapp.com/contact.