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TERM OF USE

1. Your Acceptance

This is an agreement between Stixchat Inc., USA based entity (“Stixchat”), the owner and operator of the Stixchat application, Stixchat software and Stixchat.com service (collectively, including all content available through Stixchat, the " Stixchat service", or the "Service"), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, and Stixchat’s Privacy Policies. If you do not agree to any of these terms, you may not use the Service.

2. Stixchat Service

These Terms of Service apply to all users of the Stixchat Service. The Stixchat Service provided communication content may contain links to third party websites that are not owned or controlled by Stixchat or Stixchat Inc. Stixchat or Stixchat Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, Stixchat and Stixchat Inc. will not and cannot censor or edit the content of any third-party site/service.

By using the Service, you expressly acknowledge and agree that Stixchat shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

3. Stixchat Access

A. Subject to your compliance with these Terms of Service, Stixchat hereby grants you permission to use the Service, provided that: (i) your use of the Service is strictly personal and not commercial; (ii) you will not copy, reuse, transfer or reproduce any of the Service without written consent from Stixchat Inc.; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

B. To use the Service you must provide your related information to Stixchat Inc. via the Stixchat application. When you use your phone number during registration you must enter the correct information. By registering for the service you understand that you must give some of your information for full use of the Stixchat Service. It is strictly prohibited to utilize a phone number other than yours to access the site. It is your responsibility to manage any message or content displayed by your accounts. You agree to and must notify Stixchat Inc. or Stixchat immediately of any security breach or unauthorized use of your phone. Although Stixchat and Stixchat Inc. will not be liable for your losses caused by any unauthorized use of your accounts; however, you may be liable for any losses of Stixchat or Stixchat Inc. or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, etc., that accesses the Service in a manner that sends more request messages to the Stixchat or Stixchat Inc. servers in a given period of time than a human can reasonably produce in the same period by using a Stixchat application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Stixchat grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Stixchat Service reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Stixchat clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their User Content (as defined below).

4. Intellectual Property Rights

The design of the Stixchat Service along with Stixchat or Stixchat Inc. created text, scripts, graphics, interactive features and the like ("Stixchat Client") except all User Content (as defined below), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Stixchat or Stixchat Inc., subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Stixchat reserves all rights not expressly granted in and to the Service and the Client. You agree to not engage in the use, copying, or distribution of any of the Client other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Service for any commercial purposes.

5. User Content

A. The Stixchat Service permits the sharing of information and other communications submitted by you and other users ("User Content") and the hosting, sharing, and/or publishing of such User Content. As clarified in the following section, you retain your ownership rights in your User Content. You understand that whether or not such User Content is published, Stixchat or Stixchat Inc. does not guarantee any confidentiality with respect to any User Content submitted.

B. You shall be solely responsible for your own User Content and the consequences of sending or sharing them. Because Stixchat is only acting as a repository of data, User Content does not necessarily represent the views or opinions of Stixchat or Stixchat Inc., and Stixchat and Stixchat Inc. make no guarantees as to the validity, accuracy or legal status of any User Content. In connection with User Content, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Stixchat to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your User Content, but you have to have the rights in the first place. However, by submitting the User Content to Stixchat, you hereby grant Stixchat a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Stixchat Service and Stixchat's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Stixchat Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each recipient on the Stixchat Service a non-exclusive license to access your messages through the Service, Email, and mobile phone and to display parts of User Content as permitted through the functionality of the Service and under these Terms of Service.

C. In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Stixchat all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Stixchat or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.

D. Adult content must be identified as such Stixchat does not endorse any User Status Submission or any opinion, recommendation, or advice expressed therein, and Stixchat expressly disclaims any and all liability in connection with User Content. Stixchat does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Stixchat will remove all Content and User Content if properly notified that such Content or User Status Submission infringes on another's intellectual property rights. Stixchat reserves the right to remove Content and User Content without prior notice. Stixchat may also terminate a user's access to its Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a User Status Submission removed from the Website more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized Stixchat employees, agents, subagents, super agents.

E. You understand that when using the Stixchat Service you will be exposed to User Content from a variety of sources, and that Stixchat is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content, and that such User Content are not the responsibility of Stixchat. You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Stixchat with respect thereto, and agree to indemnify and hold Stixchat, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

F. Stixchat permits you to link to materials on the Service for personal, non-commercial purposes only. Commercial versions are available under separate licensing and terms. Stixchat reserves the right to discontinue any aspect of the Stixchat Service at any time.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE Stixchat SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Stixchat, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. Stixchat MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Stixchat SERVICE. Stixchat DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WHATSAPP SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND Stixchat WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.

7. Limitation of Liability

IN NO EVENT SHALL Stixchat, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WHATSAPP CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT Stixchat SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by Stixchat from its facilities in the United States of America. Stixchat makes no representations that the Stixchat Service is appropriate or available for use in other locations. Those who access or use the Stixchat Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity

You agree to defend, indemnify and hold harmless Stixchat, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Stixchat Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Stixchat Service.

9. Ability to Accept Terms of Service

You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 13 years old as the Stixchat Service is not intended for children under 13. If you are under 13 years of age, you are not permitted to use the Stixchat Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Stixchat Inc., is the developer of the Service, with an address at 113 Barksdale Professional Center, Newark, DE , USA , 19711

10. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Stixchat without restriction.