Terms of Use

CMX T&Cs

This document is the legal property of CMXChat.com and it’s owners.

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Terms of Service

IMPORTANT NOTICE OF TERMS OF SERVICE

This legally-binding agreement is between CMXChat and you. It represents a comprehensive and exclusive statement of the terms and conditions relating to your usage of CMXChat’s documents, software, and any related materials (“software”).

By selecting the “I agree” option and going ahead with the registration or installation, by using our software or by showing your acceptance in any other way, you agree to be bound by the terms and conditions of this agreement. Should you not agree with all the terms and conditions stated, you will not be authorized to use the software. You should cease the installation or use of the software immediately.

You, and/or anyone you give authority to use your account is not permitted to engage in unlawful conduct, or conduct which prevents another user/users from enjoying CMXChat, or conduct which CMXChat—using sole discretion—considers to be unacceptable.

Even if you are a paid subscriber to any CMXChat service or services, CMXChat reserves the right to terminate ALL of your accounts, if, in it’s sole discretion, CMXChat deems and determines that via ANY of your accounts (inc nicknames), whether free or paid for, you have taken part in conduct that is unacceptable or prohibited.

Please note that your subscription fee will not be refunded (either wholly or partially) if you have paid to subscribe to any CMXChat services if your account is, or your accounts are, suspended or terminated. This applies even if the termination or suspension results from unacceptable or prohibited conduct carried out via a nickname or free account.

Without assuming responsibility therefore, CMXChat reserves the right to take action against any conduct or to restrict any conduct which CMXChat, in it’s sole discretion, deems to be offensive or harmful to other users, or is deemed to be unacceptable for any reason or no reason whatsoever, or detracts from the reputation of the CMXChat service, or has, or could have, an adverse effect on CMXChat, it’s software, or it’s business in any way whatsoever.

Examples of unacceptable conduct include, but are not limited to: 

1. Threats, intimidation, and harassment of another user or users;

2. The transmission of threatening, profane, unlawful, offensive, abusive, hateful or defamatory text, images, or voice communications, or other material, or any material that is objectionable on grounds of race, ethnicity, or otherwise, or material that’s in contravention of the intellectual property rights, or infringes privacy or publicity or other human rights of any third party;

3. Use of an offensive or obscene alias; the impersonation of another user, including, but not limited to, CMXChat employees, CMXChat or any of it’s representatives; 

4. Any material that disparages the CMXChat service, CMXChat or any of it’s employees, administrators, representatives, or solicitation;

5. The transmission or posting to other users of any promotional materials, marketing, advertising or other forms of solicitation;

6. Allowing inappropriate language, images, or text to be posted in a room you host, or any abuse of your right to take action against those who participate in your room;

7. Disrupting the normal operation of a chat room, or otherwise acting in a manner which has, or is likely to have, a negative impact on other users, or does not align with a room’s rating, or is tempting, abetting, or soliciting another to carry out any of the above. 

Additionally, other examples of conduct deemed unacceptable by CMXChat includes, but is not limited to;

(h) software hacking;

1. stealing another user’s nickname or account;

2. sending any disabling device or harmful component, including a worm, timebomb, Trojan, cancelbot, or any other device with intent to detrimentally interfere with, appropriate, damage, surreptitiously intercept any system, personal information, or data, or attempting, abetting, or soliciting any of the above mentioned activities. Any failure on the part of CMXChat to deal with prohibited or unacceptable behavior does not constitute a waiver by CMXChat in respect of future, similar behavior. 

In the absence of assuming responsibility therefore, CMXChat also reserves the right (at it’s sole discretion) to place restrictions on the activities of known or suspected ‘hate’ groups or organizations with similar aims.

Apart from subscribers to the CMXChat Messenger service, usage of all CMXChat software could include advertising in various forms. These are necessary in order for CMXChat to provide the service. All users, including subscribers to the CMXChat Messenger service, may be exposed to advertising in various formats on our partner websites and/or apps, including games.

CMXChat can also use web beacons, cookies, and other monitoring technology in order to assist the compilation or anonymous statistical information concerning visitors to our website. The information gathered will not be personally identifiable. For more details about how CMXChat collects and uses information, please see the privacy policy that’s available at http://www.lotame.com/privacy

By agreeing to these terms and conditions, you further agree and understand that all data, text, information, music, sounds, software, photographs, videos, graphics, messages and other material (‘Content’) is provided by, and is the responsibility of the person who provided the Content. CMXChat cannot be held responsible for such Content. CMXChat is not responsible for the administration of Commercial or other rooms, and is not responsible for the content of such rooms, unless this is specifically stated.

The inclusion of a chat room or a User Submission (see below for definition) or any other content on CMXChat’s website homepage, landing page, or any other page, does not constitute an CMXChat endorsement of the content. It also does not indicate that CMXChat has reviewed or approved the content. CMMXChat expressly disclaims all responsibility for the same.

CMXChat holds or expresses no views or opinions in relation to the content of any room. CMXChat is not responsible for any activities that take place in any room. Should you take part in any activity on Cmxchat, you do so at your own risk.

Should another CMXChat user who you do not know send or try to send you a graphic, video, image, or other visual depiction (‘Images’ or an ‘Image’) , the image could be inappropriate for the rating of the CMXChat room you are in. In such an event, you should exercise your judgment before accepting an image. You hereby agree that the act of accepting such an image or images is undertaken at your own risk. You waive all your rights in law worldwide of any type whatsoever, including equity or otherwise, in addition to all claims that could possibly be asserted anywhere in the world against CMXChat Parties (hereafter defined) that arise from or relate to you accepting images.

You should also be aware that if you choose to distribute, disseminate, display, publish, post, or otherwise make available (hereafter referred to as ‘Publish’) any image, or send a text message to, or speak with another user or users (‘Chat’), that user, or those users, could have the ability to capture, download, or reproduce the contents of your Chat and/or the Image or Images in undesirable or unpredicted formats, manners, or locations, and to entities, individuals, or groups to whom you do not wish such an image or images or Chat to be sent. As a result, you should not Publish any chat or Images that you would not like to see potentially distributed to a wide audience which could include people, groups or entities that you don’t want to see the chat or Images.

Additionally, you give your consent that any Chats, Images, and other Content may be posted on the CMXChat homepage, and/or landing pages or other pages at various times. You also hereby agree that you Publish Images and Chat at your own risk, and waive all worldwide rights of any and every kind in law, equity or otherwise, and all claims that could be asserted against CMXChat parties (herein after defined) that arise from or relate to your Publication of Chat or Images.

Notwithstanding the foregoing, it shall be regarded as a breach of the Terms of Service for any Cmxchat user to capture an Image or Chat that has been published on CMXChat without gaining consent in writing from (i) whoever Published the Chat or Images (ii) the person or people whose image has been published—if they differ from the Publisher. As regards Terms of Service, no user or other party can be deemed to be a third party beneficiary.

Picture Requirements

If you wish to submit a picture to a chat room or forum, please follow the steps below. Here at Cmxchat, we always try hard to give our members the chance to express themselves in their own ways, and to ensure they have an enjoyable experience. With this in mind, we allow users to upload a maximum of 10 pictures of themselves. One of these will be known as the primary picture, with the other nine being secondary pictures.

Non-paying members only have access to primary pictures, while subscribers can see all ten. After submission, Cmxchat will take a maximum of 48 hours to review your primary picture, and will notify you if your image has been accepted or rejected. No primary picture can be viewed or posted on Cmxchat unless it has been approved.

Cmxchat Picture Guidelines:

• Do not submit pictures that are of low quality or are blank

• Do not use pictures with a copyright belonging to a third party, unless they have given you permission in writing to do so

• This means pictures of celebrities or other people who haven’t given you permission cannot be used

• Do not use pictures that could be said to be harassing an individual or group

• Do not use pictures that contain impersonations of famous or other people

• Pictures of scenes of excessive violence are not permitted

• Pictures containing nudity, pornography or anything of a sexually graphic nature are not allowed (includes intercourse, sexual activity, masturbation, and bodily fluids)

• No offensive language or profanity is permitted

• Pictures with a file size in excess of 100K may not be submitted

Additional Guidelines For Primary Pictures

• The image must be of the person submitting it, and them alone

• The picture must clearly show the submitter’s face

• Creative expressions of one’s self or friends or any artwork should be reserved for secondary pictures only

• There cannot be any text or contact information shown in your primary picture

• If you wish Cmxchat to consider featuring any of your pictures anywhere on Cmxchat platforms (this could include the Cmxchat homepage, Cmxchat Today and/or other locations) please go to the Privacy section of your Cmxchat People profile and change the settings accordingly.

No Denigration or Solicitation

As part of the terms of use of Cmxchat, you must agree to never (either directly or indirectly) (a) solicit, cause, or assist in causing or soliciting any officer, agent, employee, director, palhelp, administrator, consultant, or anyone else who is employed, or is a consultant, representative, assistant or volunteer for Cmxchat (hereafter ‘Representative’) to (i) discontinue, suspend or terminate such a Representative’s period of consultancy, employment or other professional connection with Cmxchat or (ii) be employed by, or work for, or be a consultant for another person or entity; or (b) make defamatory, denigrating, or negative remarks, comments, or statements concerning Cmxchat or its Representatives, or engage in any activity or conduct that could adversely affect Cmxchat’s reputation, public image or character and/or that of any Representative of Cmxchat, or any Cmxchat trademark, service mark and/or its goodwill; (c) cause or solicit any client or customer of Cmxchat to stop using our services, and/or cause or solicit any prospective client or customer of Cmxchat to use Cmxchat services and/or products, and/or to use Cmxchat software or other products or services that are competitors to Cmxchat’s products and/or services; (d) assist, abet or authorize a person or entity to take part in any of the foregoing.

Chat Room Ratings

All group chat rooms carry a rating that enables users to determine the kind of language and images they can expect to see in the chat room, and therefore which kind of content they can upload. These ratings are enforced by the chat room’s administrators, but they should not be interpreted as being any kind of guarantee that the content in the chat room is safe to view or acceptable to you or any user under the age of eighteen (18).

To give you an example, a G-Rated Room permits no foul language whatsoever. It’s the same with images with an adult theme (such as scenes containing violence or nudity).

An R-Rated Room will permit some offensive content and language, so to participate in this room, you must be at least eighteen (18) years old.

For A-Rated Rooms, offensive content and the use of offensive language should be expected, and so to participate in chats in these rooms, you must be at least eighteen (18) years old.

Please note that Cmxchat cannot be held liable for the assumptions you make when entering a chat room, or for chat rooms that carry inappropriate ratings. You assume all the risk when you enter a chat room yourself, or if you allow anyone under the age of eighteen (18) years old to enter a chat room.

Becoming A Chat Room Host

Cmxchat’s terms and conditions permit you to create chat rooms of your own on the Cmxchat platform. As a host of a chat room, if you encounter a user demonstrating behaviors that do not align with the Terms of Service that apply to your chat room, you (or those you have given the authority to act on your behalf) have a number of ways to deal with such users:

Clicking on the name of the user who’s misbehaving and select action button will reveal a menu of choices.

Your User Submissions

Your Cmxchat account holder status entitles you to submit video content (hereafter User Submissions). Accordingly, you agree that even if such User Submissions are not published, Cmxchat cannot guarantee any degree of confidentiality relating to User Submissions. You are also solely responsible for your User Submissions and any consequences as a result of the content being published or posted. As regards User Submissions, you affirm, you represent and/or you warrant the following: ownership of any required licenses, consents, rights, and permissions to use and authorize Cmxchat to use patented, trademarked, copyrighted, trade secret, and other proprietary rights in and to any or all User Submissions, thereby enabling User Submissions to be included or used in a manner contemplated by the Cmxchat website and these Terms of Service.

You will keep all the ownership rights associated with your User Submission. But, when you submit your User Submission to Cmxchat, you grant Cmxchat a worldwide, royalty-free, non-exclusive, sub-licenseable and transferable license that permits Cmxchat to distribute, reproduce, create derivatives, display, or perform the User Submission in relation to Cmxchat’s website and Cmxchat’s successors or affiliate businesses. This includes, without limitation, the promotion and redistribution of a part or all of the Cmxchat website (and derivatives) in any format or channel.

Hereby, you also grant each Cmxchat website user a non-exclusive license to gain access to your User Submissions via the website, and to use, distribute, reproduce, perform and display User Submissions as permitted by the Cmxchat website’s functionality, and according to these Terms of Service. You agree and understand that Cmxchat can retain, but not display, perform or distribute server copies of User Submissions that have been deleted.

The licenses you have granted above in User Comments are perpetual and irrevocable. As regards User Submissions, you agree to not submit any material that is under copyright, or is a protected by trade secrets, or are the subject of third party proprietary rights. This includes publicity and privacy rights, unless you own the rights or have been given written permission by the owner of the rights to Publish the material and to grant Cmxchat all required license rights.

Cmxchat does not endorse any opinion, User Submission, recommendation, or advice expressed therein. Cmxchat also disclaims any and all liability connected with User Submissions. Cmxchat also does not permit copyright infringements and intellectual property infringements on its website. All content and User Submissions that infringe copyright or IP will be removed as soon as notification of such infringement is received. Cmxchat reserves all rights to remove User Submissions and other Content without prior warning.

The Cmxchat Account Termination Policy

Any user’s access to the Cmxchat website will be terminated if users are deemed to repeatedly infringe the terms of use. We reserve the right to determine if any User Submission or Content is appropriate for Publishing and if it is compliant the rules laid out in these Terms of Service. This includes, but is not limited to, violations other than those to copyright and/or intellectual property rights, such as the posting or Publishing of Content that is obscene, pornographic, defamatory, or excessively long. With such User Submissions, Cmxchat reserves the right to remove the content and/or terminate the User’s ability to upload such material to the site. The termination can be activated at any time, without prior warning, and is at the sole discretion of Cmxchat.

Digital Millennium Copyright Act

Owners of copyrights (or agents thereof) of materials that a User Submission or Content has infringed may submit a notification under the terms of the Digital Millennium Copyright Act (hereafter ‘DMCA’). Our Copyright Agent will require the following to be submitted in writing (see 17 U.S.C 512 (c)(3) for more information:

⦁ A signature (either physical or electrical) provided by an individual who is authorized to act on behalf of the owner whose exclusive copyright has allegedly been infringed

⦁ The copyrighted work which has allegedly been infringed. If multiple works at a single site online are covered by a notification, then a list of the works at the site is required

⦁ The Published material that is the subject of the claimed copyright infringement which is to be removed, or access to which must be disabled, or information that permits the service provider to locate the disputed material

⦁ Contact information so the service provider can reach the claimant—this can be a postal address, telephone number and/or email address

⦁ A statement that outlines your belief in good faith that the material in question is being used without the authorization of the copyright owner or agent, and/or against the law

⦁ A statement that confirms the accuracy of the information in the notification, and confirmation under the penalty of perjury that you are acting on behalf of the copyright owner will full authority

All notifications of copyright infringement claims are to be emailed to: [email protected]

You acknowledge that failure to comply with the requirements as laid out in Section 5(D) of the DMCA may render your DMCA notice invalid.

Counter-Notice To Users

If you have good reason to believe that your User Submission which has been removed (or has had access disabled) does not infringe any copyright, or for which you have authorization to publish or post as Content from the copyright owner, or their agent, or under the terms of the law, you can send a counter-notice to the Copyright Agent which must contain the following:

⦁ Your signature (either physical or electronic)

⦁ An example of the content that you believe has been wrongly removed or to which access has been disabled

⦁ The location where the content appeared before it was disabled or removed

⦁ A statement outlining your good faith belief that the User Submission or Content was removed or disabled in error or due to a misidentification of the content

⦁ Your contact information in the form of your name, address, telephone number, and email address

⦁ A statement that gives your consent to the jurisdiction of the San Francisco Federal Court

⦁ A statement that confirms you accept service of process from whoever provided Cmxchat with notification of the alleged copyright infringement

When a counter-notice is received by the Copyright Agent, Cmxchat reserves the right to send a copy of the counter-notice to the initial complaining party. The notice will also inform that person that Cmxchat reserves the right to re-instate the removed content or cease its disablement in 10 (ten) business days. Unless the owner of the copyright files an action seeking a court order against the member, User, or Content provider, the removed Content may be reinstated or access to it restored within 10 to 14 business days or more following the receipt of a counter-notice, and at Cmxchat’s sole discretion.

The Cmxchat Portal Page

Cmxchat may permit you to opt-in to a My Way-powered branded homepage. If you accept and change your browser’s homepage to Cmxchat’s portal page powered by My Way, neither Cmxchat or My Way provide any guarantee as to the worldwide information and sites across the internet that may be accessible as a consequence of using the My Way service, with specific reference to:

⦁ The currency, content, accuracy, or quality of the sites or information on them

⦁ If any search made using the My Way service locates unwanted or objectionable Content

My Way’s service permits the discovery of data relating to companies, bonds, stock prices, investments and other financial matters. The service is provided for informational purposes only. No information obtained through the service is intended by either My Way or Cmxchat to be used for investment or trading purposes. Neither My Way or Cmxchat accept responsibility for the usefulness, accuracy, reliability or availability of any information transmitted by the My Way service. And neither My Way or Cmxchat accepts liability for any investment or trading decisions that are made based on such information.

YouTube Terms Of Service (ToS)

Cmxchat uses YouTube API Services to search their library of videos and then share them via our chat rooms. For more information, please see the YouTube Terms of Service.

Law Enforcement

Cmxchat provides full cooperation with law enforcement officers and agencies when they are investigating suspected criminal activity or requesting information relating to the same. Not withstanding any provision made here to the contrary, Cmxchat reserves the right to supply your name and other relevant information to the appropriate authorities, with or without a subpoena.

Additionally, Cmxchat reserves the right, but has no obligation, to carry out an internal review of the conduct of any user, either independently, or following a complaint received from a third party user. All investigations carried out by Cmxchat will include all steps deemed appropriate by Cmxchat in its sole discretion. The conclusions reach by such an investigation may be shared with one or more appropriate parties.

Termination of Cmxchat Accounts

If any User engages in activity expressly prohibited by the terms of this Agreement, or commits any breach of this Agreement, then ANY of the following may result:

⦁ A warning may be issued

⦁ Access to chat groups could be suspended

⦁ Your Cmxchat account can be temporarily or permanently blocked

⦁ Other action may be taken

Please note that if you are a paid subscriber in breach of this Agreement, your subscription fee will not be refunded (either wholly or partially) should your Cmxchat account be terminated or suspended.

Limitation of Liability And Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Cmxchat OR ITS AFFILIATES OR THEIR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS or REPRESENTATIVES (collectively known as ‘Cmxchat Parties’) OR ANY OF THEIR SUPPLIERS BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OF ANY TYPE OR NATURE. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS PROFIT, LOSS OF INFORMATION OR DATA, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES) ARISING FROM THE USE OF, OR INABILITY TO USE THIS SOFTWARE, THE LICENSE, OR OTHERWISE, IN CONNECTION WITH THIS AGREEMENT. THIS APPLIES EVEN IF Cmxchat HAS RECEIVED ADVICE CONCERNING THE POSSIBILITY OF SUCH DAMAGES.

YOU ALSO AGREE TO FULLY INDEMNIFY AND HOLD ALL Cmxchat PARTIES HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, COSTS, DAMAGES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO ATTORNEY’S FEES AND COURT COSTS, ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE Cmxchat SOFTWARE AND/OR YOUR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT.

Governing Law and Amendments

In interpreting, enforcing, and for all other purposes, this Agreement is governed by the substantive laws of the State of New York. In the event of a dispute arising, you agree to be bound by the exclusive jurisdiction of the Federal and State courts in the State of New York, City of New York, Borough of Manhattan. Should a court determine that any remedy provided to you under the terms of this Agreement has failed its essential purpose, the limitations of liability and exclusion of damages and warranties above shall be unaffected and retain its full force and effect.

This Agreement may not be modified except in the form of an agreement in writing from an authorized Cmxchat representative. Cmxchat reserves the right to modify this agreement’s terms without giving you prior notice, through posting the updated version of the Agreement on the Cmxchat website. Additional to the terms of this Agreement, you are bound by the terms of any posted guidelines and rules that apply to your use of Cmxchat software.

Consolidation and Creditors’ Rights

In the event of a sale of assets, a merger or another corporate transaction involving Cmxchat, or in the event of insolvency, bankruptcy, or another action involving Cmxchat’s creditors, or under related or similar circumstances, Cmxchat reserves the right to disclose and/or sell information relating to you and your Account.

Should Cmxchat cease operating for thirty (30) continuous days or more, you may file a refund claim for a prorated portion of your subscription premium. This claim must be filed within sixty (60) days from the day Cmxchat’s service is first terminated (hereon known as the ‘Claim Period’). Should you fail to submit your claim within the Claim Period, you will not be entitled to a refund of your prorated subscription fee.

Privacy Policy

You can find full information about Cmxchat’s privacy policy at www.Cmxchat.com

Other References

http://www.getnetwise.org/

For general information and common sense guidelines about using the internet

http://www.safekids.com/

For tips and advice about keeping your children safe when using the internet

http://www.antichildporn.org/

For information regarding anti-child pornography

http://www.ftc.gov/ogc/coppa1.htm

For legal issues relating to the Child Online Privacy Protection Act

http://www.ftc.gov/os/1999/10/64fr59888.htm

For information about the Child Online Privacy Protection Rule

http://www.fcc.gov/cgb/consumerfacts/cipa.html

For information about the Child Internet Protection Act

http://www.fbi.gov/stats-services/publications/parent-guide

For FBI information on child safety

http://www.missingkids.com/

For the National Center for Missing and Exploited Children

(Call 1-800-843-5678)