TERMS OF USE

  1. ACCEPTANCE OF TERMS OF USE

    A Thinking Ape, Inc. (A Thinking Ape) owns and operates chatterous.com (Chatterous).

    By accessing and using Chatterous, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT USE CHATTEROUS IN ANY MANNER. A Thinking Ape reserves the right to limit or terminate your access to Chatterous if you do not comply with these Terms of Use.

    You must be at least 13 to use Chatterous. If A Thinking Ape discovers through reliable means that you are younger than 13, Chatterous will cancel your account.

    A Thinking Ape reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use periodically for changes. Your continued use of Chatterous after the posting of any changes to the Terms of Use means that you have accepted those changes.

  2. RESTRICTIONS ON USE OF CHATTEROUS

    Content You Post to Chatterous

    You may post and share comments and content with other users through Chatterous. By using Chatterous, you agree not to upload, post, transmit, cause the display or performance of, or otherwise make available any content that:
    1. is harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory
    2. is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner
    3. is illegal
    4. is tortuous, defamatory, libelous or invasive of another's privacy or publicity rights
    5. infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party
    6. you do not have a right to make available under law or contractual or fiduciary relationships
    7. includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available
    8. bears any false, disguised or misleading origin
    9. contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.


    All messages, information, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you upload, post, cause a display or performance of, email, transmit or otherwise make available via Chatterous. A Thinking Ape reserves the right to, but has no obligation to, monitor or screen the content posted and/or displayed or performed in Chatterous and to remove any content in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST, CAUSE TO BE DISPLAYED OR PERFORMED IN ANY AREAS OF CHATTEROUS AND THAT YOU TRANSMIT IN ANY OF YOUR COMMUNICATIONS THAT USE CHATTEROUS AND THE SERVICES PROVIDED THEREBY.

    Prohibited Activities

    You may not use Chatterous to do any of the following:
    1. harass or advocate harassment of another person or entity
    2. perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law
    3. provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act
    4. impersonate any person or entity or misrepresent in any way your affiliation with a person or entity
    5. transmit unsolicited mass mailings or spam
    6. collect or store any information about other users or members, other than in the normal course of using Chatterous for their intended purpose of facilitating voluntary communication among users
    7. transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item


    You may not do any of the following to Chatterous:
    1. use Chatterous in any manner that could damage, disable, overburden, disrupt or impair Chatterous or any A Thinking Ape server, or the network(s) connected to any A Thinking Ape server, or interfere with any other party's use and enjoyment of Chatterous
    2. disobey any applicable policies or regulations of networks connected to Chatterous
    3. modify, adapt, translate or reverse engineer Chatterous
    4. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Chatterous
    5. frame Chatterous or reformat them in any way
    6. create user accounts using any automated means or under false pretenses

    Other Requirements

    To the extent that you use or connect to any third party messaging and/or content delivery systems through Chatterous, you agree that you will comply with all terms and conditions of use for such third party systems, including without limitation, the proper registration for, acquisition and use of a user name and password for such system.

    You understand that Chatterous and services offered thereby are offered to the public free of charge. If you use Chatterous to advertise products or services in any way other than pursuant to a Advertising Agreement executed by you and A Thinking Ape (Unauthorized Advertising), A Thinking Ape reserves the right to restrict your access to Chatterous and to contact you about such Unauthorized Advertising. If you are so contacted and wish to continue using Chatterous for commercial use, you may request, or A Thinking Ape may request that you work with A Thinking Ape, subject to A Thinking Ape's approval, to execute an Advertising Agreement defining the terms and conditions under which you may advertise on Chatterous.

  3. NO RESPONSIBILITY FOR THIRD PARTY CONTENT

    You understand that Chatterous acts only as a forum and technical interface between users and that A Thinking Ape does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to A Thinking Ape. A Thinking Ape cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user.

    You understand that you may be exposed to content that you find offensive to you, and that you use Chatterous at your own risk.

  4. INTERSTATE AND INTERNATIONAL USE

    Users in the European Union consent to the collection and processing of personal information, as described in this Agreement, in the United States. All users understand the potential cross-border nature of communications made using Chatterous, and acknowledge that using Chatterous may result in interstate and international transmission of data.

  5. NOTICE TO GROUP OWNERS

    A Thinking Ape reserves the right to terminate a group, remove users from a group and/or limit the number of group members if A Thinking Ape determines in its sole discretion that not doing so could adversely affect Chatterous, A Thinking Ape, or its users.

    A THINKING APE IS NOT RESPONSIBLE FOR NON-DISPLAY OR INCORRECT DISPLAY OF ANY CONTENT IN A GROUP.

  6. LICENSE AND CONFIDENTIAL INFORMATION

    By posting information or content to, or otherwise causing content to be displayed on Chatterous you automatically grant, and you represent and warrant that you have the right to grant, to A Thinking Ape an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.

    No information or content of any kind that you submit to A Thinking Ape, upload, post, cause to be displayed or performed, transmit or otherwise make available using Chatterous shall be deemed confidential or secret information.

  7. COPYRIGHT AND TRADEMARKS INFORMATION

    COPYRIGHT NOTICE: Copyright (C) 2008 A Thinking Ape, Inc. All Rights Reserved.

    • AIM and the running man logo are registered trademarks of America Online, Inc.
    • Google Talk is a registered trademark of Google Inc.
    • MSN and the butterfly logo are registered trademarks of Microsoft Corporation.
    • Yahoo! and Yahoo! Messenger are registered trademarks of Yahoo, Inc.

  8. COPYRIGHT POLICY

    In addition to any other use restrictions set forth in this Agreement, you may not engage in or facilitate the posting, modification, distribution, reproduction of 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 A Thinking Ape to terminate all privileges of any user who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Company by the copyright owner or the copyright owner's legal agent.

  9. PRIVACY POLICY

    A Thinking Ape respects your desire for privacy. A Thinking Ape's Privacy Policy can be found at http://www.chatterous.com/faq/privacy_policy.html. By using Chatterous, you are consenting to the terms of our Privacy Policy.

  10. THIRD PARTY WEB SITES AND CONTENT

    Chatterous may contain links to third-party sites that are not under the control of A Thinking Ape, and A Thinking Ape is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that A Thinking Ape endorses or accepts any responsibility for the content on such third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found on or through Chatterous, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. A Thinking Ape is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on Chatterous.

    In addition, links to advertising that has not been approved by A Thinking Ape may be embedded in third party content displayed on Chatterous. A Thinking Ape is not responsible for any content, cookies, or other technology used in connection with such advertising.

  11. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY; ABILITY TO CHANGE OR TERMINATE WEBSITES

    EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION AND SERVICES OFFERED ON CHATTEROUS IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND AND A THINKING APE HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, A THINKING APE DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. In no event shall A Thinking Ape be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of Chatterous or information available from Chatterous.

    Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within Chatterous. Chatterous may contain technical inaccuracies or typographical errors. A Thinking Ape assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions on Chatterous.

    A Thinking Ape may terminate or make changes to all or any portion of Chatterous, product offerings, and any other information and materials on Chatterous and may delete any content that has been submitted to Chatterous at any time and without notice or liability.

  12. INDEMNITY

    You agree to indemnify, defend, and hold A Thinking Ape and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand made by any third party due to or arising out of your use of Chatterous, your connection to Chatterous, your violation of the Terms of Use or Privacy Policy, or your violation of any rights of other users of Chatterous. Any such indemnification shall include the payment of reasonable attorney's fees incurred in the defense of such claim.


  13. GENERAL INFORMATION

    The Terms of Use, the Privacy Policy and any applicable guidelines posted on Chatterous constitute the entire agreement between you and A Thinking Ape, govern your use of Chatterous, and supersede any prior agreements between you and A Thinking Ape relating to your use of the Chatterous (including, but not limited to, any prior versions of the Terms of Use or Privacy Policy). If you sign up or register for additional A Thinking Ape services that use third-party content or third-party software, you may also be subject to additional terms and conditions that apply to such third-party content or third-party software. By accessing Chatterous you agree that the statutes and laws of the United States and the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to the use of Chatterous, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in the City and County of Sunnyvale in the State of California, USA. The failure of A Thinking Ape to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Chatterous, the Terms of Use or the Privacy Policy must be filed within one (1) year after the event giving rise to such claim or cause of action or be forever barred. All headings in the Terms of Use are for convenience only and have no legal or contractual effect.

  14. COMMENTS AND QUESTIONS

    If you have any comments or questions you may address them to A Thinking Ape .