Last Updated on Thursday, 1 May 2014 11:43
THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.BLANKCHAT.COM (THE “SITE”) AND THE SERVICE OWNED AND OPERATED BY BLANKCHAT (COLLECTIVELY WITH THE SITE, THE “SERVICE”). BY REGISTERING FOR AND/OR USING THE SITE OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE.
Acceptance of Terms
The Service is available only to individuals who are at least 14 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Blankchat may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Blankchat.com is a message repository and peer network. Blankchat connects people together to facilitate communication content sharing.
The services offered by Blankchat (‘Blankchat.com’ or ‘we’) include the blankchat.com website (the ‘Blankchat Website’), the Blankchat Internet mobile service, all blankchat mobile applications, all Blankchat free and paid services and products, and any other features, content, or applications offered from time to time by Blankchat in connection with the Blankchat Website (collectively, the ‘Blankchat Services’). Blankchat Services are hosted in the Cloud.
The Blankchat.com may modify this Agreement from time to time and such modification shall be effective upon posting by Blankchat on the Blankchat Website. You agree to be bound to any changes to this Agreement when you use the Blankchat Services and Products after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on Blankchat, and what you provide to other Users. Your Blankchat profile may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Blankchat Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and The Blankchat.com assumes no responsibility or liability for this material. If you become aware of misuse of the Blankchat Services and Products by any person, please contact Blankchat.
Blankchat reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Blankchat Services and Products at any time, for any or no reason, with or without prior notice, and without liability.
Use of and Membership in the Blankchat Services and Products is void where prohibited. By using Blankchat Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Blankchat Services and Products does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
This Agreement shall remain in full force and effect while you use the Blankchat Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the ACCOUNT (My Account, Delete Account) section. Blankchat may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
You acknowledge that Blankchat reserves the right to charge for the Blankchat Services and Products and to change its fees from time to time at its discretion. If Blankchat terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription or service fees.
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify The Blankchat.com immediately ([email protected]) if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Non-commercial Use by Members.
Blankchat Services and Products are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by The Blankchat.com . Illegal and/or unauthorized use of the Blankchat Services and Products, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to Blankchat Website is prohibited. Commercial advertisements affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Blankchat Services and Blankchat Products. Businesses are welcome to use the Blankchat services and are simply asked to send their info to [email protected] so that we may help to promote and provide you with services with which to use the site for your benefit.
Proprietary Rights in Content on Blankchat.com.
The Blankchat.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, ‘Content’) that you post to the Blankchat Services and Products or host within the Blankchat platform. After posting your Content to the Blankchat Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (‘posting’ or 'push live') any Content on or through the Blankchat Services and Products, you hereby grant to The Blankchat.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Blankchat Services, Blankchat APIs and Blankchat Products.
Without this license, Blankchat would be unable to provide the Blankchat Services. For example, without the right to modify Member Content, Blankchat would not be able to deliver messages and other files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Blankchat could not allow Users to view content posted by Members. The license you grant to Blankchat is non-exclusive (meaning you are free to license your Content to anyone else in addition to Blankchat) fully-paid and royalty-free (meaning that Blankchat is not required to pay you for the use on the Blankchat Services and Products of the Content that you post) sub licensable (so that The Blankchat.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Blankchat Services), and worldwide (because the Internet and Blankchat Services are global in reach). This license will terminate at the time you remove your Content from Blankchat Services and Products. The license does not grant Blankchat the right to sell your Content, nor does the license grant The Blankchat.com the right to distribute your Content outside of the Blankchat Services and Products.
You represent and warrant that: (i) you own the Content posted by you on or through the Blankchat Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Blankchat Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Blankchat Services and Products.
Blankchat Services contain Content of Blankchat.com and all subsequent blankchat domain extensions owned by Blankchat (‘Blankchat Content’). Blankchat Content is protected by copyright, trademark, patent, trade secret and other laws, and Blankchat owns and retains all rights in the Blankchat Content and the Blankchat Services and Products. Blankchat hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Blankchat Content (excluding any software code) solely for your personal use in connection with viewing the Blankchat Website and using the Blankchat Services and Products.
Blankchat Services and Products contain Content of Users and other Blankchat licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Blankchat Services.
Blankchat may delete any Content that in the sole judgment of Blankchat violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Blankchat assumes no responsibility for monitoring the Blankchat Services for inappropriate Content or conduct. If at any time Blankchat chooses, in its sole discretion, to monitor the Blankchat Services, Blankchat nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the Blankchat Services and Products, and any material or information that you transmit to other Members and for your interactions with other Users. Blankchat does not endorse and has no control over the Content. Content is not necessarily reviewed by Blankchat prior to posting and does not necessarily reflect the opinions or policies of Blankchat. Blankchat makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Blankchat Services and Products. Blankchat reserves the right to investigate and take appropriate legal action against anyone who, in Blankchat‘s sole discretion, violates this provision, including without limitation, removing the offending communication from the Blankchat Services and Products and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Blankchat:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any street addresses, last names, URLs or email addresses;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files outside of the Blankchat service;
- involves the transmission of ‘junk mail,’ ‘chain letters,’ or unsolicited mass mailing, instant messaging, ‘spimming,’ or ‘spamming’;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person’s consent; or
- for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive
Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the Blankchat Website and through your use of the Blankchat Services and Products. Blankchat reserves the right to investigate and take appropriate legal action against anyone who, in Blankchat‘s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of any Member to buy or sell any products or services through the Blankchat Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Blankchat Services and Products in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Blankchat reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Blankchat deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Blankchat Services, you acknowledge that you will have caused substantial harm to the Blankchat.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay The Blankchat.com 50 Euros for each such unsolicited email or other unsolicited communication you send through the Blankchat Services;
- covering or obscuring the banner advertisements on your personal profile page, or any Blankchat.com page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the Blankchat Services or the networks or services connected to the Blankchat Services;
- attempting to impersonate another Member or person;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the Blankchat Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Blankchat Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your top friends/followers/leaders, or sending private messages with a commercial purpose; or
- using the Blankchat Services in a manner inconsistent with any and all applicable laws and regulations.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Blankchat to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Blankchat by the copyright owner or the copyright owner’s legal agent.Without limiting the foregoing, if you believe that your work has been copied and posted on the Blankchat Services or Products in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright page; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Blankchat Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Member Disputes. You are solely responsible for your interactions with other Blankchat Members. Blankchat reserves the right, but has no obligation, to monitor disputes between you and other Members.
Our Commitment to Children’s Privacy.
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 14, and no part of our website is structured to attract anyone under 14.
Blankchat is not responsible for any incorrect or inaccurate Content posted on the Blankchat Website or in connection with the Blankchat Services and Products, whether caused by Users of the Blankchat Services and Products or by any of the equipment or programming associated with or utilized in the Blankchat Services.
Profiles and content created and posted by Members on the Blankchat Website may contain links to other websites. The Blankchat.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Blankchat. Inclusion of any linked website on the Blankchat Services and Products does not imply approval or endorsement of the linked website by Blankchat. When you access these third-party sites, you do so at your own risk. Blankchat takes no responsibility for third party advertisements, which are posted on this Blankchat Website or through the Blankchat Services and Products, nor does it take any responsibility for the goods or services provided by its advertisers. Blankchat is not responsible for the conduct, whether online or offline, of any User of the Blankchat Services and Products.
Blankchat assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Blankchat is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Blankchat Services, Products or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Blankchat Services and Products.
Under no circumstances shall Blankchat be responsible for any loss or damage, including personal injury or death, resulting from use of the Blankchat Services and Products, attendance at a Blankchat event, from any Content posted on or through the Blankchat Services and Products, or from the conduct of any Users of the Blankchat Services and Products, whether online or offline. The Blankchat Services and Products are provided ‘AS-IS’ and as available and Blankchat expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Blankchat cannot guarantee and does not promise any specific results from use of the Blankchat Services and Products.
The Blankchat.com bears no responsibility for any damage incurred to your personal computer, notebook, mobile device or laptop from using Blankchat site, services and products.
Limitation on Liability.
IN NO EVENT SHALL Blankchat BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Blankchat HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE Blankchat.com‘S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE Blankchat.com FOR Blankchat SERVICES DURING THE TERM OF MEMBERSHIP.
U.S. Export Controls. U.S. Export Controls. Software available in connection with the Blankchat Services (the ‘Software’) is further subject to European export controls. No Software may be downloaded from the Blankchat Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
If there is any dispute about or involving the Blankchat Services and Products, you agree that the dispute shall be governed by the laws of the Republic of Cyprus, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the Republic of Cyprus. Either Blankchat or you may demand that any dispute between Blankchat and you about or involving the Blankchat Services and Products must be settled by arbitration utilizing the dispute resolution procedures of the European Union, provided that the foregoing shall not prevent Blankchat from seeking injunctive relief in a court of competent jurisdiction.
You agree to indemnify and hold Blankchat, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Blankchat Services and Products in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Blankchat Website or through the Blankchat Services and Products causes Blankchat to be liable to another.
This Agreement is accepted upon your use of Blankchat Website or any of the Blankchat Services and Products and is further affirmed by you becoming a Blankchat Member. This Agreement constitutes the entire agreement between you and Blankchat regarding the use of the Blankchat Services and Prodcuts. The failure of Blankchat to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Blankchat is a trademark of Blankchat. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Blankchat provides services which allow users to access and customize Internet content through mobile phones, PDAs, Tablets and other alternative devices. These devices may collect different information than what is collected by computers. In order to use certain Blankchat mobile services you may be required to add your mobile number to your account information and/or content pages; we will never use that number for telemarketing, however that number may be viewable to your Blankchat users leaders/followers list, unless you choose to make it invisible or hidden. Should you decide to display your mobile phone number to your network, Blankchat is in no way legally liable or responsible for any misuse or abuse of your displayed mobile phone number. You always have the choice to make your mobile number visible or invisible from your Setting Area. Of course you can remove your number altogether. You can always select the types of alerts you want to receive by going to the Profile Settings section from your control panel after you sign in, and choosing the alert notifications accordingly.
We provide the information to trusted partners who work on behalf of or with Blankchat under confidentiality agreements. These companies may use your personal information to help Blankchat communicate with you about offers from Blankchat and our marketing partners. However, these companies do not have any independent right to share this information.
We have a parent's permission to share the information if the user is a child under the age of 18. Parents have the option of allowing Blankchat's collection and use of their child’s information without consenting to Blankchat's sharing of this information with people and companies who may use this information for their own purposes;
We respond to subpoenas, court orders or legal process, or to establish or exerciseour legal rights or defend against legal claims;
Your Ability to Edit and Delete Your Account Information and Preferences.
While using mobile devices for connecting to Blankchat, limitations of the service may prevent you from utilizing full functionality of Blankchat services or tools. This includes the ability to edit or delete account information and content. You may need to use a computer to connect with Blankchat in those cases.
You can cancel Blankchat Alerts by signing in to your blankchat account and click on the Profile Settings section. You can then check or uncheck the boxes that refer to the type of alerts sent to your Blankchat email or mobile number. Because many phone companies recycle phone numbers, it is possible for users who purchase a new phone to receive alerts that the previous owner had subscribed to. Since your phone has an email address that anyone can send a message to, Blankchat can only stop alerts that it manages. Only your carrier can prevent all messages from being delivered to your device.
When you access Blankchat from any mobile device, you are subject to the Blankchat Terms of Service. If you have questions about this service or Blankchat Mobile, please visit Blankchat Help.
Refunds and Cancellation of Paid Products and Services:
Our general refund policy is to oblige refund requests that are made within 14 days of purchase in which no actual consumption of the product or the service has been initiated.
However, the total value of the refund which we make is dependant upon two factors:
The level of its usage – we will not allow our refund policy to be abused and taken advantage of.
The involvement of a third party supplier – If the product/service has involved a third party supplier, our ability to provide a refund depends on whether payment has been made to the third party and their refund policies.
Actual consumption of the service or product has occurred and taken place, rendering an actual refund of the virtual product meaningless.
If the customer feels that the service was not delivered as per their expectations than Blankchat is happy to consider a possible full or partial refund (at blankchat's discretion) on a case by case basis.
All disputes and purchase inquiries, along with their Blankchat ID/Username, invoice number and detailed description of a customers feedback or problems with the purchased service and product must be sent to [email protected] for possible refund consideration.
We may also issue a refund for any payment that we do not wish to accept. You understand that the returning of monetary funds, unless otherwise agreed, will be made through the same mechanism through which they were initially accepted.
A customer may cancel, pause or suspend an account, service or product immediately, at their convenience by:
Simply accessing their Profile Settings for the product they have purchased and pausing the service.
By simply not sending or consuming any remainder of the service, product or virtual good they have purchased,
By deleting their Blankchat Account, in full, by clicking on the SETTINGS (Account) link and following the delete account procedure outlined in the section.
By contacting us at [email protected] from your registered email on account and providing a Blankchat ID/Username, invoice number and detailed description of your reason for cancellation of the purchased service and product
Please contact us at: [email protected] with any questions regarding this Agreement.