Terms

1. Introduction

   1. This document, hereinafter referred to as the "Terms of Service", "Terms", "User Agreement", or "Agreement", constitutes a legally binding contract between individuals, businesses, and organizations (collectively referred to as "Users") and Chatruletka. It applies to both the website located at chatruletka.com (hereinafter the "Website" or "Web-site") and the OmeTV mobile application (hereinafter the "Application" or "App"). Collectively, the Website and the Application shall be referred to as the "Service".
   2. The terms "us", "we", and "our" shall be understood to refer to Chatruletka, while the terms "you" and "your" designate any person or entity making use of the Service. The terms "Content" and "Contents" denote any material or data accessible through the Service.
   3. Access to and use of the Service and its Contents is restricted to individuals who have attained the legal age of majority, which is 18 (eighteen) years or older, or the age of majority applicable in your jurisdiction if it exceeds 18 years.
   4. By utilizing the Service, you acknowledge and confirm your compliance with this Agreement, as well as with our Rules and Privacy Policy, all of which are accessible via the Website.

2. Gaining access to and using the Service

   1. We hereby grant you a non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use our Service strictly in accordance with the terms of this Agreement. Any attempt to assign or transfer your rights under this Agreement shall be deemed null and void where applicable.
   2. Nothing in this Agreement shall be interpreted as establishing any form of agency, partnership, joint venture, employment, or franchising relationship between you and us.

   3. We reserve the right to suspend the operation of our Service, either temporarily or indefinitely, including but not limited to for maintenance purposes. Furthermore, we reserve the right to modify or alter the Service as follows:

      1. Due to technical factors, such as server outages, hardware or software malfunctions, cyberattacks, or similar events.
      2. To perform updates or upgrades to our hardware or software with the objective of improving the Service or user experience.
      3. For valid reasons, such as addressing privacy concerns, objections to Content, or to perform maintenance on the Service.
      4. If we determine that continued operation of the Service no longer presents a commercially viable purpose.
      5. In response to any changes to the scope or nature of services we provide.

   4. We do not exclude the possibility that the Service may become unavailable, whether temporarily or for an undefined duration, due to technical failures or maintenance activities. The Service is susceptible to external threats and technical issues, including viruses, hacking, and hardware or software malfunctions, which may be beyond our control. Nevertheless, we will exercise reasonable diligence in adopting current, industry-recognized technical and organizational safeguards to prevent or minimize the impact of such events.

      1. We disclaim any liability for disruptions or damages, including material losses, incurred by Users as a result of technical difficulties affecting the Service.
      2. We disclaim any liability for damages or disruptions experienced by Users caused by issues with Internet connectivity or mobile data services.
      3. We commit to undertaking all reasonable efforts to restore proper functioning of the Service in the event of any technical failures or maintenance interruptions.
   5. All expenses and obligations arising from Internet access and/or mobile data connectivity remain solely the responsibility of each individual User. We recommend that Users verify any applicable charges related to Internet or mobile data services prior to accessing the Service.

3. User Content

   1. Users are permitted to transmit text, audio (spoken content), and video information to other Users. By submitting any such User Content through the Service, you hereby grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, including the right to sublicense, to use, reproduce, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, and otherwise exploit such User Content via the Service or through third-party platforms. This includes, but is not limited to, the use of such Content for commercial purposes.
   2. We do not assert ownership over any such User Content. Nothing in this Agreement shall be construed as limiting your rights to use or exploit your own Content. Copyright for all such Content remains with the User who submitted it.
   3. You acknowledge and agree that you bear full responsibility for any User Content you make available via the Service. By doing so, you affirm and warrant that you either exclusively own all such User Content or possess all necessary rights, licenses, consents, and authorizations required to grant us the rights described in this Agreement.
   4. You further represent and warrant that neither your User Content, nor the act of transmitting or broadcasting it via the Service or third-party platforms, nor our use of it in accordance with this Agreement, will infringe, misappropriate, or violate any third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property or proprietary rights, or rights of publicity or privacy, nor will it result in a breach of any applicable laws or regulations.
   5. All other Content found on the Service, including but not limited to visual assets, user interface design, and related materials, is the exclusive property of OmeTV and protected under applicable copyright laws.
   6. You agree not to share or submit any User Content that contravenes the terms of this Agreement, our Rules, infringes upon the rights of others, or may reasonably be considered obscene or offensive.
   7. You agree not to transmit any Content that violates any applicable law or regulation or that could result in civil or criminal liability.
   8. You agree not to promote, advertise, or offer any form of commercial service while using our Service. Furthermore, you agree not to use the Service or any Content for commercial purposes, for the benefit of any third party, or in any manner that contravenes the terms of this Agreement.

4. CSAE/CSAM Policy

   We apply a strict zero-tolerance approach to Child Sexual Abuse and Exploitation (CSAE), including any Child Sexual Abuse Material (CSAM).

   1. User Content must not include, promote, depict, or otherwise involve:

      1. Nudity, sexually suggestive behavior, or explicit sexual activity involving minors;
      2. Sexually explicit materials that depict, represent, imitate, or simulate minors;
      3. Any content that exploits, sexualizes, or targets any person under the age of 18;
      4. Any conduct, messages, requests, or language that may indicate grooming, exploitation, harassment, or other harmful behavior toward minors.

      Any User who breaches these requirements may be permanently removed from the Service.

      You are strictly prohibited from creating, uploading, posting, sharing, transmitting, or otherwise distributing any sexual content involving individuals under the age of 18 through the Service.

   2. We may monitor, review, investigate, and moderate user communications and User Content where necessary to protect users, maintain trust and safety, and comply with legal obligations. If we become aware of CSAM or any CSAE-related conduct or material, we may take appropriate action, including removing or disabling access to the content, limiting, suspending, or terminating accounts, and reporting confirmed CSAM to the National Center for Missing and Exploited Children (NCMEC), law enforcement, or other competent authorities, as required or permitted by applicable law and our internal procedures.
   3. If you see or become aware of any content or activity that you believe may involve CSAE or CSAM, you must report it to us immediately through the in-app reporting tools. We treat such reports seriously and review them without undue delay.

5. Malicious User activity

   You hereby agree to refrain from engaging in any of the following activities:

   1. Attempting to probe, scan, or test the vulnerability of any part of our systems or networks, or attempting to breach any security or authentication mechanisms in place;
   2. Evading, bypassing, disabling, removing, impairing, descrambling, or otherwise circumventing any technological protections implemented by us, our service providers, or any third party (including other Users) for the purpose of safeguarding the Service or its Content;
   3. Accessing or attempting to access, search, or download Content from the Service by means of any engine, software, tool, agent, device, or mechanism (such as spiders, robots, crawlers, data mining tools, or similar technologies), other than commonly available third-party web browsers;
   4. Forging any part of the TCP/IP packet header or other header information in any email or posting, or otherwise using the Service or its Content to send altered, misleading, or false source-identifying information;
   5. Attempting to decipher, decompile, disassemble, or reverse engineer any software or component used in the provision of the Service or its Content;
   6. Interfering with or attempting to interfere with the access or functionality of the Service for any User, host, or network, including but not limited to the transmission of viruses, overloading, flooding, spamming, or mail-bombing;
   7. Creating, developing, or facilitating the development of any competing application or Service that may serve as an alternative or replacement to our Service;
   8. Encouraging, assisting, or enabling any third party to engage in any of the aforementioned prohibited activities.

6. Paid products or services

   We may offer certain paid products or services to Users via our Service, including, but not limited to, digital goods, digital services, and subscription-based offerings.

   1. By making a purchase through our Service, you represent and warrant the following:

      1. You have thoroughly reviewed the description of the product or service and fully understand its nature and characteristics;
      2. The payment information you provide is accurate, complete, and valid;
      3. All charges incurred by you will be honored and processed by your financial institution or credit card provider;
      4. You agree to pay all charges incurred at the listed prices, including any applicable taxes;
      5. In the event your initial payment method is declined or dishonored, you remain responsible for the full amount due, including any additional fees or surcharges resulting from the failed transaction.
   2. Paid services are non-transferable and may not be assigned to third parties.
   3. All payments made for paid services are subject to the terms of our Refund Policy, which is publicly available on our Website.
   4. If you believe the description of a product or service is unclear or insufficient, you must refrain from completing the purchase and are encouraged to contact us in advance for clarification.

7. External URLs

   1. We reserve the right to include links to external websites, online resources, and third-party products or services within our Service.
   2. While we make efforts to link only to reputable third-party resources, we disclaim all responsibility and liability for the content found on such external websites, for the protection and confidentiality of your personal data on those platforms, and for any actions you may undertake while visiting them. You acknowledge that you are solely responsible for, and assume all associated risks with, accessing and using any external websites or resources. Furthermore, you acknowledge and agree that we bear no responsibility or liability for the availability, accuracy, or reliability of such external websites or resources, nor for any content, products, or services found on or accessible through them.

8. Linking and embedding

   1. You are permitted to place links to the Service (including both the Website and the Application) on third-party websites or applications, provided that such links do not misrepresent your relationship with the Service, falsely suggest any form of affiliation, endorsement, or sponsorship by us without our prior written approval, and do not violate any applicable laws or the terms of this Agreement.
   2. Embedding any portion of the Service—such as user interfaces, functionalities, or other integral elements—into external websites, applications, or services is strictly forbidden without our explicit prior written authorization. Any unauthorized embedding or framing may result in legal consequences and the revocation of your access rights to the Service.
   3. We reserve the right to demand the immediate removal of any links or embedded elements that we determine to be inappropriate, misleading, or otherwise in violation of this Agreement.
   4. You agree not to use linking or embedding techniques in any manner that disrupts or interferes with the functionality, design, or security of the Service, causes harm to Users, damages our reputation, or infringes on our intellectual property rights.

9. Termination of access

   1. Any User who violates the provisions of this Agreement or our Rules, or who disseminates Content in a manner contrary to the terms set forth herein, may have their access to the Service restricted or terminated without prior notice or obligation—financial or otherwise. We reserve the right to employ any technical, legal, or other means necessary to enforce these terms, including, but not limited to, blocking specific IP addresses.
   2. While we make efforts to inform Users of any such access restrictions, we are under no legal or contractual obligation to provide such notice.
   3. In the event of temporary access restrictions, the duration of such limitations shall be determined solely by us and may be modified at our discretion. You agree that we bear no liability to you or any other User for changes to the duration of such bans, regardless of the nature or severity of the violation.
   4. All provisions relating to limitation of liability, disclaimers, and indemnification shall remain in full force and effect even after the termination of this Agreement or your use of the Service.

10. Abuses and complaints

    1. Any instances of abuse, violations of this Agreement or our Rules, or unauthorized use of your copyrighted materials by other Users may be reported using the reporting tools, complaint forms, email addresses, or any other official communication channels provided through our Service.
    2. Users who attempt to resolve disputes with other Users by breaching the terms of this Agreement, our Rules, or our Privacy Policy, or by engaging in unlawful conduct—such as making inappropriate or offensive remarks—may have their access to the Service restricted, either temporarily or permanently, at our sole discretion.
    3. If you wish to report Content involving an individual who does not meet the minimum age requirement established by this Agreement, you are urged to use the Report/Complaint functionality available on the Service or to contact us directly at contact@chatruletka.com.

11. Limitation of liability

    1. We disclaim any responsibility for actions undertaken by Users while using our Service, as well as for any Content submitted or made available by them.
    2. We do not accept any liability arising from the use of our Service. This includes, but is not limited to, liability related to legal proceedings, penalties, claims, damages, obligations, or expenses of any kind—whether direct, indirect, incidental, punitive, or consequential in nature. Such liability may result from, but is not limited to: acts of negligence, service disruptions, data loss, hardware failure due to malware or virus attacks, financial loss, missed business opportunities, time loss, breach of contract, claims by third parties, or any other damages, whether foreseeable or not, incurred during or as a result of use of our Service. This limitation of liability extends to, but is not limited to, damages arising from software or virus transmission, hardware or communications malfunctions, connectivity failures (including inability to access the Internet), unauthorized access, data theft, personal injury, property damage, operational errors, strikes, or force majeure events. It explicitly covers losses related to income, profit, contractual relationships, business operations, anticipated savings, goodwill, data, productive time, or any other kind of tangible or intangible loss.
    3. You agree to indemnify and hold harmless us and our employees from any and all claims brought by third parties, as well as from any associated losses, damages, and legal expenses arising from your personal actions while using our Service or resulting from Content submitted or distributed by you.

12. Amendments

    We reserve the right to amend or modify this Agreement, our Rules, Privacy Policy, or Refund Policy at any time and without prior notice to you.

    1. The most current and authoritative versions of these documents are published and maintained on our Website.
    2. All amendments shall become effective immediately upon publication of the updated text on the corresponding page of our Website.
    3. Although we may, at our discretion, inform Users of such amendments, it remains your sole responsibility to review the relevant pages regularly for any updates or changes.
    4. If you disagree with any part of the amended Agreement, you must immediately cease using our Service. Your continued use of the Service following the implementation of any amendments shall constitute your full acceptance of the revised terms.