Terms of Service

PULPchat.com Terms of Service

I. ACCEPTANCE OF TERMS
Design215 Inc. provides the following service to you, subject to these Terms of Service ("TOS"), which may be updated periodically without notice. You can review the current version of the TOS at: http://www.pulpchat.com/tos.php. Failure to comply with these TOS may result in account revocation.

II. DESCRIPTION OF SERVICE
PULPchat.com is a web-based service that allows its users to create, operate, and maintain chat rooms (herein referred to as "the Service"). The Service is used and maintained through a web browser. Once registered with PULPchat.com, each user receives access to a chat room that they can customize and manage. Users can place links to their chat room on their own web site, allowing visitors to access the chat room. Chat rooms may have text or graphics created by the user and can be used to post text, graphics, or links to any resources available on the internet ("the Content"). This Content may reside on Design215's servers or on the servers of a third party.

III. TYPES OF ACCOUNTS
PULPchat.com currently has three types of accounts:

• 1. Free Accounts
  PULPchat.com accounts are available for free to all valid registrants. Free accounts offer a limited number of features in relation to the other accounts offered. Please see the free accounts page for specific details about this account type.
• 2. Beta Accounts
  This type of account was created and made available to users registered before November 1, 2002. Beta testers are offered extended features over free account users, but do not receive any new pay features.
• 3. Paid Accounts
  A number of different paid accounts are available for an annual fee and offer different levels of features based on the individual needs of each user. Please see the paid accounts page for specific details about this account type.

You hereby agree to this structure, and to PULPchat.com's right to change, modify, or otherwise discontinue any type of account and/or its respective services.

IV. REGISTRATION
Registration and verification is required in order to create a PULPchat account. During registration, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your own information change after submitting it to PULPchat.com, you are hereby required to update that information as soon as possible. Should PULPchat.com suspect that your personal information is not complete, current, or accurate, your account may be subject to suspension or termination. Should you feel that PULPchat.com's privacy policy is not sufficient for you to complete the registration form truthfully, please email your policy concerns to privacy@pulpchat.com.

V. PRIVACY POLICY
For information on Design215's privacy practices for PULPchat.com, please see the entire privacy policy at http://www.pulpchat.com/privacy.php.

VI. INDEMNITY
You agree to indemnify and hold Design215 Inc., and its subsidiaries, affiliates, officers, agents, co-branders 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 your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.

VII. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

VIII. SERVICE LIMITATIONS
You acknowledge that PULPchat.com may establish general practices and limitations concerning use of the Service and may modify those general practices or limitations at any time.

IX. MODIFICATIONS TO SERVICE
PULPchat.com reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that PULPchat.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

X. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service. This does not prevent you from collecting membership fees from your visitors before they can enter your chat room.

XI. TERMINATION
You agree that PULPchat.com, in its sole discretion, may terminate your password, chat room, or account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if PULPchat.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted account and all its parts, at PULPchat.com's discretion, will be terminated as well. PULPchat.com may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that PULPchat.com may immediately deactivate or delete your PULPchat.com chat room and all related information and files. PULPchat.com reserves the right to bar any further access to such files or the Service. You agree that PULPchat.com shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded.

XII. ADVERTISEMENTS AND PROMOTIONS
PULPchat.com does not currently use banner advertisements or promotions on PULPchat.com chat rooms. However, PULPchat.com reserves the right to run advertisements and promotions on certain PULPchat.com chat rooms in the future. By using PULPchat.com, you agree that PULPchat.com has the right to run such advertisements and promotions with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by PULPchat.com on your chat room are subject to change. You agree that PULPchat.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

XIII. LINKS
The Service, or relevant third parties, may provide links to other World Wide Web sites or resources. Because PULPchat.com has no control over such sites and resources, you acknowledge and agree that PULPchat.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that PULPchat.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

XIV. PROPRIETARY RIGHTS
You must acknowledge and agree that the Service, and any necessary software used in connection with the Service (referred to as "Software"), may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All PULPchat code and specifications are subject to their said or implied licenses. Such code may not be used with malicious intent to find security vulnerabilities.

XV. CHAT ROOM CONTENT
Guidelines for Content in your PULPchat.com chat room shall be as follows:

• 1. Responsibility
  All Content posted to PULPchat.com chat rooms in any way, is the responsibility and property of the author. PULPchat.com is not responsible for the monitoring or filtering of any chat room Content. Within the confines of international and local law, PULPchat.com will not place a limit on the type, or appropriateness of user content within chat rooms. Those users posting material not suitable for all audiences must agree that they are fully responsible for all the content they have posted anywhere on the service. Should content be deemed illegal by such law having jurisdiction over the user, PULPchat.com is committed to submitting all necessary information to the proper authorities;
• 2. Duration
  Generally, Content posted to PULPchat.com chat rooms remains on PULPchat.com servers for no longer than 30 seconds. Content remains in each user's web browser for as long as their browser is open. Each chat room visitor has the ability to save or print an entire transcript of all messages received by their browser, starting with the first message they received after a successful login;
• 3. Ownership
  PULPchat.com claims no ownership or control over any Content posted by its users. The author retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the PULPchat.com staff in protecting such Content;
• 4. Violations
  You acknowledge that PULPchat.com does not pre-screen Content, but that PULPchat.com and its designates shall have the right (but not the obligation) on their sole discretion to refuse or remove any Content that is available through the Service. Without limiting the foregoing, PULPchat.com and its designates shall have the right to remove any content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Furthermore, PULPchat.com reserves the right to limit access to your chat room, if found in violation of the TOS.

XV. CHAT ROOM USE
As a registered user, you are responsible for how your PULPchat.com chat room is used. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. PULPchat.com does not control Content posted via the Service and, as such, does not guarantee the validity of such Content. You also understand that by using the Service, you may be exposed to Content in your chat room that is offensive, indecent or objectionable. It is your responsibilty to manage content in your chat room, by requiring visitors to register or by kicking or banning those visitors that are posting objectionable content. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be PULPchat.com's sole discretion as to what action should be taken.

You agree to NOT use the Service to:

• 1. Upload, post or otherwise transmit any content that is in PULPchat.com's opinion to be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information with out the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
• 2. Harm minors in any way, as seen by PULPchat.com or applicable law;
• 3. Impersonate any person or entity, including, but not limited to, a PULPchat.com staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• 4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• 5. Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• 6. Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• 7. Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• 8. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• 9. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
• 10. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;

If your chat room is reported to be in violation with the letter or spirit of these terms, PULPchat.com retains the right to terminate such account at any time without further warning.

XVI. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PULPCHAT.COM 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 NON-INFRINGEMENT.

(b) PULPCHAT.COM 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.

(c) 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 MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PULPCHAT.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

XVII. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PULPCHAT.COM 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 PULPCHAT.COM 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 SERVICE.

XVIII. GENERAL INFORMATION
The TOS constitutes the entire agreement between you and PULPchat.com and governs your use of the Service, superseding any prior agreements between you and PULPchat.com (including, but not limited to, any prior versions of the TOS). The laws of the State of Florida, U.S.A, shall govern the TOS and the relationship between you and PULPchat.com. without regard to its conflict of law provisions. You and PULPchat.com agree to submit to the personal and exclusive jurisdiction of the courts located within Broward County, Florida, U.S.A. The failure of PULPchat.com 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 contractual effect.

CONTACT:
info@pulpchat.com
tel +1 954 630.3695
fax +1 954 566.6155

Design215 Inc.
3015 North Ocean Blvd.
Suite C-115A
Fort Lauderdale, FL 33308