The use of this App is prohibited for individuals under the age of 18.
This term("Term"") is a contract between you and("Conch chat","us" "our" and "we") and governs your use ofthe Conch chat mobile application. By using Conch chat, you agree to be bound by the following Termsof Use, whether or not you register as a member
("'Member""). We may modify this Term occasionally,
and such modification shall be effective upon postincby us on the application. We may update you on ourchanges through your email or notify you through themobile app. You agree to be bound by any changes tothis Term when you use Conch chat after any suchmodification is posted.This Term includes Conch chat policy for acceptable use and content postecon Conch chat, your rights, obligations, and
restrictions regarding your use of the mobile
application.
Terms of UserIf you are under the age of 18, you may not downloador use Conch chat. We do not knowingly collect ormaintain information from children under age 18.lf youare under the age of 18, you must get your parent orguardian to read and agree to our Terms of User and Privacy Policy. Please, choose carefully the informatioryou post on Conch chat and the information you
provide to other Members. Your profile in the app maynot include the following items: nude, violent or
offensive images or texts. The information posted by
other Conch chat Members may contain inaccurate
inappropriate or offensive materials, products or
services and Conch chat assumes no responsibility orliability for this material
We reserve the right, in its sole discretion, to reject,
refuse to post or remove any posts (including email) byyou, or to restrict, suspend, or terminate your access taall or any part of the mobile application at any time, for
any or no reason, with or without prior notice, and
without liability.
We reserve the right to change these Terms of User at any time. We will notify you within the app. You are responsible for keeping yourself appraised of any such changes if you dismiss these notifications.
If you object to any Terms of User or any subsequent changes or you become dissatisfied with our application in any way, your only option is to delete your account. Your continued use of our app after we post revised Terms of User means that you agree to the revisions.
You must be at least 18 years old to download our application. By requesting to use, or using our app, you represent and warrant that you are not required to register as a sex offender with any government entity.
Our application are free, but your Internet provider's or mobile operator's fees and rates may still apply. However, we do have in-app purchases that you can buy if you want to use some of our extra features.
We may collect information about your actions on the app.
This may include information such as the pages and profiles you view, how you use the app, your coin balance, and purchases you make through the app.
It can also include the various functions and features that you use, such as the connections you make, other friends or contacts you invite to the Services and profile searches you perform, how often you log in and with what/ which platform you log in from, your IP address and how many profiles you have created, or your use of our application.
Read more on our Privacy Policy.
You can also choose to provide profile information like a photo, info, name, sexual interests, or other data.
You can read more on our Privacy Policy, which has detailed information on what information is used
We reserve the right to investigate, suspend and/or terminate your account if you have misused Conch chat or behaved in a way we regard as inappropriate or unlawful, including actions or communications that occur off Conch chat but involve users you meet through Conch chat.
The following is a partial list of the type of actions that you may not engage in with respect to Conch chat. You will not:
Impersonate any person or entity
Solicit money from any users
Harm, stalk or otherwise harass another
Impersonate, or misrepresent your relationship with any person or entity (this includes pretending to be minor if you are not)
Upload or transmit any Content that you do not have a right to make available, or that infringes any patent, trademark, trade secret, copyright, privacy, or other proprietary rights of any party.
Express or imply that any statements you make areendorsed by us without our specific prior written consent
Use Conch chat in an illegal manner or to commit an illegal act!
Access Conch chat in a jurisdiction in which it isillegal or unauthorized.
Ask or use users to conceal the identity, source, or destination of any illegally gained money or products.
Use any robot, spider, site search/retrieval application, or other manual or automatic device orprocess to retrieve, index, “data mine", or in anyway reproduce or circumvent the navigational structure or presentation of Conch chat or its contents.
Upload or transmit software viruses or any othe harmful computer code, files or programs, or use any data mining, robots, or similar data gathering or extraction methods.
Collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to Conch chat.
Interfere with or disrupt Conch chat or the servers or networks connected to Conch chat.
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.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through Conch chat(either directly or indirectly through the use of third-party software)
“Frame" or “mirror" any part of Conch chat, without our prior written authorization.
Use meta tags or code or other devices containing any reference to our app or our app (or any trademark, trade name, service mark, logo or slogan of our Services) to direct any person to any other mobile application and website for any purpose.
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of Conch chat any software used on or for the Service, or cause others to do so.
Post, use, transmit or distribute directly or indirectly (e.g., screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Term.
Register accounts or post Content automatically, systematically, or programmatically.
Create unnecessary amounts of accounts. lf we determine you have created various accounts to spam, misinterpret, or for any other malicious reasons we reserve the right to terminate your account without notice.
We reserve the right to freeze/ban your account if we
see that your actual location is different from the location you provided, or your lP address changes continuously varying between countries. You agree that all information that you submit upon creation of your account, including information submitted from your
Facebook account, is accurate and truthful and you
have the right to post the Content on the Service and
grant the license to Conch chat. You understand and
agree that we may monitor or review any Content you post as part of a Service. We may delete any Content.in whole or in part, that in our sole judgment violates this Term or may harm the reputation of the Service.
In consideration of Conch chat allowing you to use our application, you agree that we, our affiliates, and our third-party partners may place advertising on Conch chat. By submitting suggestions or feedback to us regarding our app, you agree that we may use and share such feedback for any purpose without compensating you.
You agree that we may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access.preservation or disclosure is reasonably necessary such as to (i) comply with legal process; (i) enforce thisTerm; (ili) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
You understand and agree that our application may review and delete any content, message, voice message, photo, profile, video(collectively, "Content")that is in the sole judgment of us.
You are solely responsible for the Content that you publish or display (hereinafter, "post") on theapplication or any material or information that you transmit to other Members.
By posting any Content to the public areas of the application, you hereby grant us the non-exclusive, fully paid, worldwide license to use, reproduce, publicly perform and display such Content on the application including without limitation distributing part or all of Conch chat in any media formats and through any media channels. You represent and warrant that:
(i) you own the Content posted by you on theapplication or otherwise have the right to grant the license set forth in this section.
(ii) your Content does not violate the privacy rights publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay all royalties and fees owing to any person by reason of any Content you post on our application
The following is a partial list of the kind of Content thatis illegal or prohibited on our application. We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators.Prohibited Content includes Content that:
Harasses or advocates harassment of another person or contains language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"or pyramid scams;
Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
Contains restricted or password-only access pagesor hidden pages or images (those not linked to or from another accessible page)
Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;
Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
Involves commercial activities and/or sales without our prior written consent such as contests.sweepstakes, barter, advertising, or pyramid schemes.
You must use our application in a manner consistent with any and all applicable laws and regulations.
You may not include in your publicly accessible Member profile any telephone numbers, street addresses, last names, URLs, usernames from any social platforms or email addresses.
You may not engage in advertising to or solicitation of any Member to buy or sell any products or services through Conch chat. You may not transmit any chain letters or junk email to other Members. Although we cannot monitor the conduct of its Members off Conch chat, it is also a violation of these rules to use any information obtained from Q&A Friends in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
Membership in Conch chat is void where prohibited By using our application, you represent and warrant that all registration information you submit is truthful and accurate. You represent and warrant that you are 18 years of age or older and that your use of the Service shall not violate any applicable laws or regulations. Your profile may be deleted without warning if it is found that you are misrepresenting you!age. Your Membership is solely for your personal use, and you shall not authorize others to use your account including your profile or email address. You are solelyresponsible for all Content published or displayedthrough your account, including any email messagesand for your interactions with other members
You may not engage in any activity involving spam on our application. Violations of this policy may result in immediate termination of service and legal action against any spammer. Accordingly, you may not upload, post, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation on our application Violations of this policy could subject you or your agents to civil and criminal penalties
Though we strive to encourage a respectful user experience, it is not responsible for the conduct of any user on or off of Conch chat. You agree to use caution in all interactions with other users, particularly if you decide to communicate off Conch chat or meet in person. You should not provide your financial. information (for example, your credit card or bank account information), wire or otherwise send money, tcother users. You are solely responsible for your interactions with other Members. We reserve the right but have no obligation, to monitor disputes between you and other Members.
We are always striving to improve our application and bring you the additional functionality that you will finduseful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns prevent us from doing so. You may terminate your account at any time, for any reason. We may terminate your account at any time without notice if we believe that you have violated this Term
You may purchase different subscription packages, in one-month packets. For all mobile subscriptions, payment will be charged to your iTunes or Google account when you confirm your purchase. Your subscription will renew automatically unless you switch off the auto-renew feature at least 24 hours before the end of your current subscription. This is because your account may be charged for renewal within 24 hours prior to the end of your current subscription period. You can manage your subscription and switch off auto.renewal by accessing your iTunes or Google account settings. You may not cancel your current subscription during the subscription period, although you may cancel automatic renewal at any time.
If you purchase a subscription packet with an introductory price, at renewal you will be charged with the original price which will be higher. lf you have already used a free trial you can not use it again and you will be charged the full price
Purchases of Subscriptions are non-refundable and non-transferable, even if they expire or are discontinued.
We may change the purchase price for Subscriptions at any time, as well as the features included in Subscriptions.
We reserve the right to stop issuing Subscriptions at any time and to set expiration dates for Subscriptions.
Subscriptions may not be redeemed for any sum of money or monetary value.
When you purchase or receive Virtual Currency products such as coins you do not own them. Coins are used to interact with others, such as video call and chat, etc. You agree that we will have no liability to you based on the exercise of our rights with respect to coins and other Virtual Currencies. We reserve the right to verify your identity and eligibility to use your Virtual Currencies.
We are not responsible for repairing or replacing VirtualCurrencies, or providing you with any credit or refund in the event that we modify, suspend, or terminate theVirtual Currencies, or the Story, or for loss or damage due to any service error, or any other reason.Purchases of Virtual Currency may not be sub-licensed and are non-refundable and non-transferable, even if they expire or are revoked or discontinued. We maychange the purchase price for Virtual Currency at anytime, as well as the ways you can use Virtual Currency!We reserve the right to revoke or stop issuing VirtualCurrency at any time without notice, refund, or compensation, and to set expiration dates for Virtual Currency. Virtual Currency may not be redeemed for any sum of money or monetary value. lf you delete your account or your account is terminated for any reason, you will lose all accumulated and unusedVirtual Currency without refund or other compensation.You agree that we will have no liability to you based on the exercise of our rights with respect to VirtualCurrency.
Virtual Currency purchased or received by any user does not constitute property and is not transferable
Conch chat Paid Services
Conch chat Paid Services may be purchased through your accounts with certain third-parties, such as your Apple iTunes account or your Google Play account (a“Third Party Account"). lf you purchase anyPaid Services through a Third-Party Account, billing for these Paid Services will appear through your ThirdParty Account. You should review the Third-Party Account's Terms of User, which we do not control
If you purchase a subscription through a third-party account, you will need to cancel your subscription through that third-party and in accordance with that third party's Terms of User. lf you cancel your subscription, your subscription benefits will continue until the end of your then-current subscription term, but your subscription will not be renewed after that term expires. You will not be entitled to a prorated refund of any portion of the subscription fees paid for the then-current subscription term.
This Term shall remain in full force and effect while youuse our application. We may terminate yourmembership for any reason, at any time, without notice.If we terminate your Membership in our application, youshall not be entitled to a refund of any unused portionof subscription fees, if any. Even after membership isterminated, this Term will remain in effect. Our Services'Terms of User and/or subscription fees, if any, that were provided to you at registration is subject to change if needed. By using Conch chat and becoming a Member, you acknowledge that we reserve the right to charge for Conch chat and have the right to terminate a Member's Membership, should a Member breach this Term or fail to pay for Conch chat if necessary, as required by this Term. Standard usage charges for SMS, MMS, and other data charges may apply and may be billed on your wireless service bill or deducted from your prepaid balance.
We are not responsible for any incorrect or inaccurate Content posted on Conch chat, whether caused by users of our application, Members or by any of the equipment or programming associated with or utilized in Conch chat.
We are not responsible for the conduct, whether online or offline, of any user of Conch chat or Member of Conch chat.
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication.
Our Services is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, wireless phones or other devices, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any mobile application and website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation in downloading materials in connection with the mobile application and website and/or in connection with Conch chat.
Under no circumstances shall Service be responsible for any loss or damage, including personal injury or death, resulting from the use of Conch chat or from any Content posted on Q&A or transmitted in Members' interactions between users of Conch chat, whether online or offline.
Conch chat are provided "AS-IS" and Service expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
Service cannot guarantee and does not promise any specific results from use of Conch chat.
We take no responsibility for third-party advertisements which are posted on Conch chat, nor does it take any responsibility for the goods or services provided by its advertisers.
You agree that any dispute relating in any way to these Terms of User or Service, including without limitation your or third-parties' access to or use of our Services, will be resolved by binding arbitration and not through litigation in any court (except in small claims court if the claim is within the court's jurisdiction and proceeds on an individual basis).
Claims are subject to arbitration, regardless of what they are based on or whether they seek legal or equitable remedies.
Arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist, or may arise in the future.
You agree to indemnify and hold Service, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Term and/or arising from a breach of this Term and/or any breach of your representations and warranties set forth above
Conch chat is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of our Services.
Illegal and/or unauthorized use of Conch chat will be investigated.
Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges.
Appropriate legal action will be taken by Service for any illegal or unauthorized use of Conch chat.
Conch chat is further subject to United States export controls.
No Software may be downloaded from the mobile application and website or otherwise exported or re-exported:
(i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or
(ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You use Conch chat at your sole risk.
We do not guarantee that our Services will always be safe, secure or error-free or that our Services will always function without disruptions, delays or imperfections.
We make no warranty that our Services will meet your requirements, or that Conch chat will be uninterrupted, timely, secure and error-free.
We make no warranty that the results obtained from us will be accurate or reliable.
We make no warranty that the quality of products, Services, information, material or purchased features obtained through our services will meet your expectations.
Any downloaded or obtained material through our services is done at your own risk.
You are solely responsible for any damage to your or others' devices directly or indirectly from such material.
Some jurisdiction does not allow the exclusion of such warranties or the limitation or the exclusion of liability for incidental or consequential damages.
Some of the limitations of the warranty may not apply to you.
In such cases, the warranties and liability will be limited to the fullest extent permitted by applicable law.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
It is the policy of our Services to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to Conch chat by the copyright owner or the copyright owner's legal agent.
Without limiting the foregoing, if you believe that your work has been copied and posted on our Services in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on our Services;
(iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
We do not currently conduct criminal background screenings on our Members.
We reserve the right, however, to conduct any criminal background check we deem appropriate, at any time and using available public records.
By agreeing to these Terms of User, you hereby authorize any such check.
You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password.
You agree to immediately notify us of any disclosure or unauthorized use of your username or password or any other breach of security via email and ensure that you log out from your account at the end of each session.
Your correspondence or dealings with, or participation in promotions of, advertisers found on or through our Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser.
We will not be liable to you for any failure by an advertiser to provide any service or product you ordered from it.
Service provides assistance and guidance through its customer care representatives.
When communicating with our customer care representatives, you agree not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or not to behave inappropriately.
If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
In no event shall our Services be liable to you or any third-party for any indirect, consequential, exemplary, incidental, special or punitive damages including lost profit damages arising from your use of Conch chat if our Services have been advised of the possibility of such damages.
This Term is accepted upon your use of Conch chat and is further affirmed by you becoming a Member of Conch chat.
This Term constitutes the entire Term between you and Service regarding the use of Conch chat.
The failure of Service to exercise or enforce any right or provision of this Term shall not operate as a waiver of such right or provision.
The section titles in this Term are for convenience only and have no legal or contractual effect.