TERMS OF SERVICE
- ACCEPTANCE OF TERMS
- Welcome to Intercommunicate!.
Intercommunicate provides its service to you, subject to the following
Terms of Service ("TOS"), which may be updated by us from time
to time without notice to you. In addition, when using particular
Intercommunicate services, you and Intercommunicate shall be subject to
any posted guidelines or rules applicable to such services which may be
posted from time to time. All such guidelines or rules are hereby
incorporated by reference into the TOS.
- DESCRIPTION OF SERVICE
- Intercommunicate currently provides clients
Synergetic Chat subscriptions on a monthly basis and users access to
Synergetic Chats for testing purposes. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service,
including the release of new Intercommunicate properties, shall be
subject to the TOS. You understand and agree that the Service is provided
"AS-IS" and that Intercommunicate assumes no responsibility for
the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings.
- You are responsible for obtaining access to the
Service and that access may involve third party fees (such as Internet
service provider or airtime charges). You are responsible for those fees.
In addition, you must provide and are responsible for all equipment
necessary to access the Service.
- CLIENTS OF SYNERGETIC CHAT SUBSCRIPTIONS
- Synergetic Chat clients are lawful
businesses (for profit and non-profit) in a field related to the chat
subscription. The client will
make available on request evidence of business activity in the state,
country or region in operation.
- A client must be 18 years or older with sufficient
knowledge of network and internet operations to administrate their
chat. The client will make
available on request evidence of being 18 years or older and answer a set
of questions on proficiency to administrate their chat.
- The client owns the chat names consisting of the
chat Building name and name of chat Rooms. A chat Building is the unique name used to connect the
clients chat from a web page or chat application. Also, the client owns any banner
images the client places in their chat.
- The Client agrees not use the Synergetic Chat for
any unlawful purpose. Transmission of any information, data, or material in
violation of any US Federal or state regulation or law is prohibited.
This includes, but is not limited to: copyrighted material, material
legally judged threatening or obscene, or material protected by trade
secret. You agree to indemnify and hold harmless Intercommunicate from
any claims resulting from your use of the service which damages you or
another party or parties.
- Persistent information unique to chat users is
managed by the client, chat user and Intercommunicate. This information includes but is not
limited to nicknames, passwords and preference settings specific to a
user. The client and
Intercommunicate may modify or remove information unique to chat user at
any time. A chat user may request
to have their information modified or deleted by the client or
Intercommunicate at any time.
- Chat payments are due within 30 days of statement
of payment receipt by the client.
If the client does not pay a statement within 60 days, the client
forfeits control of the subscribed chat and Intercommunicate may close
the clients chat at will without the client’s input.
- The client or Intercommunicate may close a chat for
any reason, subject to a two week prior notice. Chat closure consists of removing the Building name, Room
name(s) and any banner images the client placed in the chat. The client must explicitly request the
modification or removal of chat user persistent data when requesting chat
closure, otherwise upon closure only
Intercommunicate and the chat user to which the persistent data
refers will manage that data.
- Intercommunicate and the Synergetic Chat system
does not collect any private information such as email addresses, street
addreses, phone numbers or other information unique to a chatter.
- Areas of the chat labeled as private are not
recorded or visible to parties outside those assigned to the
communication. For example,
Synergetic Chat is not designed to allow those outside of the
designated private chats and whispers to view the conversation. And Synergetic Chat does not
offer the capability to globally log private chats and whispers or log
someone else’s private chats or whispers.
- You agree to indemnify and hold Intercommunicate,
and its officers, agents, or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of Content you post, transmit or make available through the
Service, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
- NO RESALE OF SERVICE
- You agree not to resell any portion of the Service,
use of the Service, or access to the Service without explicit permission
- . MODIFICATIONS TO SERVICE
- Intercommunicate reserves the right at any time and
from time to time to modify or upgrade the Service (or any part thereof)
with or without notice. Intercommunicate will make a reasonable effort to
test and debug any modifications or upgrades. You agree that Intercommunicate shall not be liable to you
or to any third party for any modification, suspension or discontinuance
of the Service.
- INTERCOMMUNICATE’S PROPRIETARY RIGHTS
- You acknowledge and agree that the Service and any
necessary software used in connection with the Service
("Software") contain proprietary and confidential information
that is protected by applicable intellectual property and other laws.
Except as expressly authorized by Intercommunicate, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works
based on the Service or the Software, in whole or in part.
- Intercommunicate grants you a personal,
non-transferable and non-exclusive right and license to use the object
code of its Software on a single computer; provided that you do not (and
do not allow any third party to) copy, modify, create a derivative work
of, reverse engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a security interest in
or otherwise transfer any right in the Software. You agree not to modify
the Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service
by any means other than through the interface that is provided by
Intercommunicate for use in accessing the Service.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. INTERCOMMUNICATE EXPRESSLY DISCLAIMS 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
- INTERCOMMUNICATE MAKES NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM INTERCOMMUNICATE OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- LIMITATION OF LIABILITY
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT
INTERCOMMUNICATE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF INTERCOMMUNICATE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
- EXCLUSIONS AND LIMITATIONS
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.
- TRADEMARK INFORMATION
- Intercommunicate, the Intercommunicate logo and
other Intercommunicate logos and product and service names are trademarks
of Intercommunicate (the " Intercommunicate Marks"). Without
Intercommunicate prior permission, you agree not to display or use in any
manner, the Intercommunicate Marks.
- GENERAL INFORMATION
- The TOS constitute the entire agreement between you
and Intercommunicate and govern your use of the Service, superceding any
prior agreements between you and Intercommunicate. The TOS and the
relationship between you and Intercommunicate shall be governed by the
laws of the State of California without regard to its conflict of law
provisions. You and Intercommunicate agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of
Alameda, California. The failure of Intercommunicate to exercise or
enforce any right or provision of the TOS shall not constitute a waiver
of such right or provision. If any provision of the TOS is found by a
court of competent jurisdiction 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 the other provisions of the
TOS remain in full force and effect. 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 the Service or the TOS must be filed within one
(1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
a. Please report any violations of the TOS to
our Customer Care group.