CHATMEMBER™

Terms-of-Service Agreement

Last Updated: April 16, 2020

This terms-of-service agreement is entered into between you and TeleMainia, LLC. The following agreement, together with any documents it expressly incorporates by reference (collectively, this “agreement”), governs your access to and use of the https://chatmember.com website and the phone chat line service (collectively, the “Platform”). This agreement between you and us explains your legal rights and duties and governs your use of the Platform. Please read this agreement carefully before using the Platform because it creates a legally binding agreement between you and us. We ask that you pay special attention to the following provisions: (1) use of prerecorded messages (section 7.2); (2) disclaimer of warranties and limitation of liability (section 13); (3) exclusive forum for resolving disputes (section 17); (4) mandatory arbitration (section 18.2); and (5) waiver of class action rights (section 18.7). Using the Platform or purchasing minutes forms your acceptance of this agreement even if you do not read it. If you do not agree to this agreement, you cannot use the Platform.

Warning: The Platform contains adult-oriented content and is not intended for minors. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may use the Platform. We prohibit all persons who do not meet these age requirements from using the Platform.

We drafted this agreement in a relaxed question and answer format for the most part. We did this for your convenience, not ours. By drafting this agreement in question and answer format, we do not imply or suggest that it does not form a binding agreement between you and us. This agreement is just as binding as if we drafted it in a stuffy legal format.

  1. Summary of Agreement. You should read this agreement in full because it applies every time you use the Platform. But just in case you ever need a reminder of the salient points, here’s a brief summary:

    1. If you are under 18-years old or the age of majority where you live, then you can’t use the Platform yet because it’s for adults only.
    2. We’re not responsible for anything that you say while using the Platform, and we don’t monitor the content of the Platform, but if we do hear or someone tells us that you have said something that we think is inappropriate, then we may remove it.
    3. We do not conduct criminal background screening of users of the Platform (including paid actors).
    4. Some Platform users are paid actors.
    5. We use prerecorded messages to stimulate interaction and conversations among users. So not all communications you receive are specifically directed to you.
    6. All disputes are subject to mandatory online arbitration unless the dispute is to collect a debt you owe us or meets all of the requirements for the small claims court in your state. If your state does not have a small claims court, the dispute is subject to mandatory online arbitration.
    7. If you are concerned about how we use your data, please refer to our privacy policy. It will tell you all you need to know (and if it does not, we’re happy to answer your questions).
    8. We may change this agreement from time to time, but changes will not apply retroactively.
  2. Adult Entertainment

    1. The Platform offers adult-oriented phone chat services for entertainment purposes only. You may use the Platform as a forum to meet new people or as a place to have discussions of a sexual nature. You understand you may encounter content during your use of the Platform that you may find offensive, indecent, or objectionable, including explicit or suggestive language. If you are seeking obscenity or child pornography, you must not access or use the Platform.
    2. We do not intend anyone under 18-years old or the age of majority in their community to access or use the Platform. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority in their community may access or use the Platform. If you are not the age of majority in your jurisdiction, you must not access or use the Platform.
    3. By accessing or using the Platform or purchasing minutes, you certify to us that:

      1. You have reached the age of majority where you live and that you have the legal capacity to agree to this agreement;
      2. You are the authorized holder of any credit card you use to buy minutes with and have authorized us (or our authorized payment processing agent) to charge the credit card according to the package you chose;
      3. You understand that some or all of the materials on the Platform may be erotic and that they may contain graphic audio descriptions of sexual activity;
      4. You are aware of the erotic nature of the content available through the Platform, and you are not offended by erotic content;
      5. You are familiar with your jurisdiction’s laws affecting your right to access erotic materials;
      6. Your jurisdiction does not prohibit or restrict the use of the Platform;
      7. You have followed and will continue to follow the laws and regulations of the jurisdiction from which you access the Platform;
      8. You access the Platform voluntarily and for your own personal enjoyment;
      9. You have never been convicted of a felony, and you are not required to register as a sex offender with any jurisdiction;
      10. All information you provide when you register is accurate and truthful, and you will promptly update any information you give that later becomes inaccurate, misleading, or false; and
      11. You will not share the Platform with a minor or otherwise make it available to a minor.
  3. Use of the Platform; Rules relating to Conduct

    1. Who can use the Platform? You may only use the Platform if you are at least 18-years old and the age of majority where you live and have not been convicted of and are not subject to any court order relating to assault, violence, sexual misconduct, or harassment.
    2. What kind of things can (or can’t) I do on the Platform? You can use the Platform to make new friends and explore your sexual fantasies with other likeminded persons. There are some rules about what is acceptable though, so when you are using the Platform, you will not do anything that:

      1. Is considered offensive or is likely to harass, upset, intimidate, embarrass, alarm, or annoy any other person;
      2. Is obscene or otherwise may offend human dignity (for example, child pornography or discussions of pedophilia (including age play);
      3. Is abusive, insulting, threatening, or promotes or encourages racism, sexism, hatred, bigotry, or physical harm of any kind against any group or person;
      4. Records, reproduce, posts, or distributes any audio communications between you and another user of the Platform, including any greetings or messages;
      5. Requests money from, or is intended to otherwise defraud, other users of the Platform;
      6. Encourages any illegal activity including terrorism, inciting racial hatred, soliciting prostitution, or that in itself amounts to committing a criminal offense;
      7. Is defamatory, libelous, or otherwise promotes information that is false or misleading, or otherwise objectionable;
      8. Relates to commercial activities (including sales, competitions, sweepstakes, advertising, pyramid schemes, links to other websites, or premium line telephone numbers);
      9. Involves the transmission of “junk mail,” “chain letters,” or “spam” (or “spamming,” “phishing,” “trolling,” or similar activities);
      10. Exploits people in a sexual, violent, or any other illegal way, or solicits personal information from anyone under 18-years old;
      11. Provides instructional information about illegal activities like making or buying illegal weapons or drugs; violating someone’s privacy; or providing, distributing, or creating computer viruses;
      12. Involves the transmission of spyware; adware; viruses; corrupt files; worm programs or other malicious code designed to interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers, or other equipment; Trojan horse; or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from the Platform or otherwise;
      13. Impersonates, or otherwise misrepresents affiliation, connection, or association with, any person (including an entity);
      14. Provides information or data you do not have a right to make available under law or contractual or fiduciary relationships (like inside, proprietary, or confidential information);
      15. Uses any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or any way reproduce or circumvent the navigational structure or presentation of the ChatMember.com website, its content, or its services;
      16. Interferes with or disrupts the ChatMember.com website, its services, or the servers or networks connected to the ChatMember.com website;
      17. Disrupts the normal flow of dialogue or otherwise negatively affects other users’ ability to engage in real-time exchanges;
      18. Solicits passwords or personal identifying information for commercial or unlawful purposes from other users or distributes another person’s personal information without his or her permission;
      19. Solicits users for third-party services, including soliciting memberships for other or similar services;
      20. Offers money or other consideration in exchange for sex; or
      21. Itself infringes another person’s rights (including intellectual property rights and rights of privacy and publicity).

      Please use your common sense when using the Platform because you are solely responsible for and bear all liability for your conduct. We may investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the Platform and terminating or suspending any violators.

    3. Are there any rules for personal information like my email address? You may not disclose any personal contact or banking information in your greeting, whether about you or any other person (for example, names, home addresses, zip codes, telephone numbers, email addresses, URLs, credit/debit card, or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. You understand that any person using the Platform may have access to what you record. You understand that we are not responsible for, and cannot control, the use by others of any information you provide to others through the Platform. We encourage you to use the same caution in disclosing details about yourself on the phone as you would under any other circumstances.
    4. What about other people’s personal information, can I use it? No. The Platform is for personal use only. You may only use other users’ personal information to the extent that your use of it matches the Platform’s purpose of allowing people to talk to one another. You will not use other users’ information for commercial purposes, to spam, to harass, or to make unlawful threats. We may terminate your access if you misuse other users’ information.
    5. Some of my friends want to see all the people I’m chatting with. Can I tell them my login information and let them log in as me? The short answer is no. Only you may access your account. You must not share your login information with anyone or let anyone else access your account because this jeopardizes the security of all the content and personal information that you have put on the Platform. You are responsible for keeping your login information secret and secure. If you don’t, we are not liable for any unauthorized access to your account, and you are solely responsible for all activities that happen under your account. If you suspect that someone has gained access to your account, you must let us know promptly by contacting us at support@chatmember.com and telling us of your suspicions or concerns. You must also immediately change your password. We may terminate your account if you violate our rules on keeping your password secure.
    6. Who can see the content that I put on the Platform? When you put content on the Platform, the public can access that content. If you do not want others to access your content, then you should not put it on the Platform. We may remove, edit, limit, or block access to any content that you put on the Platform without liability to you. We have no duty to make available any content that you make available on the Platform, to check the accuracy or truthfulness of any content you make available on the Platform, or to monitor your use of the Platform. You understand that while we prohibit audio recordings of other users under this agreement, some users may violate these restrictions and make recordings of you or any information that you may provide. You release us from all liability for the use of any recordings by other persons.
  4. Interaction with other users and the Platform

    1. Do you restrict the number of messages I can send in a 24-hour period? No, but we may in the future restrict the number of messages that you can send to other users in any 24-hour period to a number that we consider appropriate.
    2. Do you conduct criminal background checks on users? No. You are solely responsible for your interactions with other users of the Platform. You understand that we don’t (1) screen or interview our users (including paid actors); (2) investigate the background of our users (including conducting criminal background checks); or (3) try to verify the accuracy of statements made by users. We make no statements about the conduct of users or those acting on their behalf. You will take reasonable precautions in all communications or interactions with other Platform users. You should not divulge personal or financial information to strangers. Remember, because of the anonymous nature of telephone communications, users may not be who they say they are, know what they say they know, or be affiliated with whom they say they are affiliated.
    3. Do we monitor the Platform? We do not prescreen or preemptively monitor the content on the Platform. We do not and cannot monitor everything that takes place on the Platform, and we rely on you to bring any transgressions to our attention. We assume no responsibility for monitoring the Platform for inappropriate content or conduct. But we may monitor phone chat communications, greetings, and messages on one or more occasions to make sure that they comply with this agreement. You acknowledge that we may record any content in a user’s greeting or message associated with a user’s use of the Platform. If we choose to monitor the Platform, we assume no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the users submitting that content. We may delete any content that we believe violates this agreement or may be otherwise offensive or illegal. We may also remove any content that harms or threatens the safety of any person or that otherwise violates another person’s rights. We will cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone submitting content or engaging in conduct that violates this agreement.
    4. Can I hold you responsible for another user’s conduct? No. We are not responsible for the conduct of any user. We have no liability, directly or indirectly, to you for any losses or damages arising out of the conduct of you or anyone else using the Platform. We also have no liability to you for any losses or damages resulting from communications with other users or persons you meet through the Platform.
    5. What if I have a dispute with another user? Unfortunately, we cannot get involved with or mediate disputes between users for legal reasons (feel free to blame our lawyers). If you have a dispute with one or more users, you hereby release us from all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of disputes between users.
    6. What type of activities are prohibited, so I do not accidentally cross the line? We may investigate or terminate your access if you have misused the Platform or behaved in a way we regard as inappropriate or unlawful, including actions or communications that happen outside of the Platform but involve users you meet through the Platform. Section 3.4 contains a partial list of the type of activities that you must not engage in when using the Platform.
  5. Content Ownership

    1. Once I record content on the Platform, do I still own it? Yes, if you are the rightful owner in the first place. By recording content on the Platform, you certify to us that you have the right to do so and that you are the exclusive author and owner of that content (and that our use will not infringe or violate the rights of any other person). Further, you hereby grant us a worldwide, nonexclusive, royalty-free, sublicensable, transferable, perpetual license to use, copy, reproduce, distribute, adapt, translate, change, prepare derivative works of, display, and perform your content (including your name, voice, and likeness, and persona) in any way we see fit, including for promoting and redistributing any part of the Platform (and derivative works of it) in any media formats and through any media channels. You further waive all moral rights in your content that may be available to you in your jurisdiction (including the right to be identified as the author), and you state that no moral rights have been asserted. We may assign or sublicense this license to our affiliates and successors without your approval. We may disclose your identity to any person claiming that any content recorded by you on the Platform violates their intellectual property rights, their right to privacy, or any applicable law.
    2. Whom does the rest of the content on the Platform belong to then? We own or have the license to use all text, graphics, audio, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork, software, scripts, and computer code, including the design, structure, selection, coordination, expression, “look and feel,” and the arrangement of this content, contained on the Platform. Copyright, patent, trademark, and various other intellectual property and unfair competition laws protect the Platform and its content. We hereby grant you a limited, nonexclusive, nontransferable license to access the Service according to this agreement. You must comply with all applicable laws when accessing the Platform. You may only access the Platform for your personal, noncommercial use. You must not use any content that you access on the Platform for further distribution, performance, display, sale, or rental. We may change, limit, or cancel your access if you fail to comply with this agreement.
    3. May I use any of the content that doesn’t belong to me? No. Other than content you record on the Platform, you do not have any rights in the content on the Platform, and you must not use any content in any way that may infringe any person’s rights. You must not copy, change, adapt, distribute, publish, or sell any part of the Platform to anyone else. You must not remove, obscure, or otherwise change any proprietary notices appearing on any content, including copyright, trademark, and other intellectual property notices.
  6. Paid Services

    1. Do I have to pay to use the Platform? You do not have to pay to use the Platform, but certain features require that you purchase minutes. We offer minute packages that you must buy to use live phone chat. The minute package you select determines the pricing. You can hear our current minute packages when you call the phone chat line, or you can view them on the ChatMember.com website. Our customer service representatives can also give more information about the fees. We may change the prices in effect for using the Platform or add new fees or charges at any time. If you want access to the “SMS chat” feature (if available), you must buy an SMS package, which is separate from the phone chat package. You are responsible for all costs associated with your use of your selected payment method, including exchange rates, transaction fees, interest, and other fees charged by your credit/debit card companies and banks. You are also responsible for any fees or charges you incur to access the Platform, including telephone charges, long-distance charges, and mobile phone charges (including messaging and data charges). We may offer free minutes or access to any person. We may cancel the free trial period at any time.
    2. Do you offer a free trial? Yes, we offer a free trial to all first-time callers. All first-time calls receive a block of minutes that allows them to send and respond to messages. You may use your free trial minutes over multiple phone calls as long as you are calling from the same phone number. Free trial users do not have access to live one-on-one chat. If you want to use the live chat feature, you must buy minutes.
    3. Do my minutes run as soon as I call into the chat line? Your minutes start to run once you perform any action that is a paid service (i.e., live chat, sending messages, replying to messages). For example, if you buy 30 minutes, you could theoretically stay on the chat line for hours listening to greetings and messages and not lose any minutes. But the second you try to reply to a message, begin a message, or send a live chat connection request or respond to one, your minutes begin to run for the remainder of the call, no matter what you are doing. When you call in again, the same scenario starts all over again, where your minutes only begin to run once you take any “paid action.”
    4. What is the favorite alerts service? The ChatMember.com website offers you the ability for a monthly fee to sign up for favorite alerts, which alerts you by email or SMS when a favorite user is on the Platform. You may select to have this be a monthly recurring fee. If you choose the recurring option, you acknowledge that the favorite alerts service automatically renews monthly until you cancel it through the ChatMember.com website. Cancellation takes effect the following billing period in which payment is due. By signing up for the recurring favorite alerts service, you authorize us to charge your chosen payment method each month until you cancel. No credits or refunds are given for partially used periods.
    5. How do I renew my minute package? All minute purchases are one-time charges, meaning we will never charge you again for the same minute purchase. Except for the favorite alerts service, we do not use recurring billing. If you run out of minutes, the Platform gives you the option to go to the order area where you can reorder the same package as before or can listen to other packages and choose a different one. You may also buy more minutes on the ChatMember.com website. Again, the Platform does not auto-bill you for minute packages, and you must manually press a key on your phone while placing your order. Once you make your order selection, your order information is played back to you, and you must again press a key to confirm your order. On the ChatMember.com website, you must affirmatively buy minutes each time you want to add more minutes. We will bill you using the payment method you selected when you made your original purchase. If you buy minutes on the ChatMember.com website, you can use another payment method. You authorize us to make these charges using your selected payment method. For payment by credit or debit card, you must make sure that all your credit or debit card information is accurate.
    6. What happens if I am talking with someone, and my minute package runs out? Once your minute package runs out, you hear a prompt telling you, “you are out of minutes.” The prompt will go on to tell you that you can press “one” to order more time, or you can press “two” to continue in the system. If you press “two,” the system will return you to the main menu area (greetings area) where you will hear greetings of other users who are on the line (some of these may be greetings from users who were on the line at another time), and you will hear messages sent to you as well. But without minutes in your account, you won’t be able to send messages, respond to messages, or connect in live chat.
    7. How do I change or update my payment method? You can call the chatline and update your payment method by entering the details as a new card. If your card has expired, we will automatically prompt you to update the details of your method of payment. You may also change or update your payment method on the ChatMember.com website. You must give accurate information for your billing account. You will promptly update all information to keep your billing account accurate (like a change in billing address, card number, or expiration date). You will notify us promptly if your payment method is canceled (or lost or stolen), or if you become aware of a potential breach of security (like an unauthorized disclosure or use of your account information). If you fail to give us any of this information, we will hold you responsible for the fees accrued under your account. You authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as given by your credit or debit card issuer.
    8. What do I do if I disagree with charges made to my account? If you disagree with any charges made to your account, please contact us to resolve the dispute before contacting your credit card company. You may contact us by either email(support@chatmember.com) or telephone(877-771-4255) or through our "Contact Us" page. If you contact us by email, please state your reasons for your dispute and identify the disputed charge. This will allow us to accurately and promptly assess your complaint and, where justified, credit your credit card with the disputed amount promptly to avoid any further inconvenience to you.
      We will correct any mistakes in a bill and add or credit them against your future payments. If you become aware of any errors in billing, please notify us promptly for proper credit. We waive any error in your favor that we do not correct within three months of the bill where the error first appeared. You waive any error in our favor unless you give us notice of the error within three months after you receive the bill in which it first appears. You also release us from all liability for any error you do not report to us within three months after you receive the bill in which the error first appeared.
    9. What is your refund policy? All sales and transactions are final, and we do not guarantee the availability of a refund, whether in minutes or money, for any reason. We do not issue refunds unless there are extenuating circumstances that we feel warrant a refund. These may be things like the Platform not working properly for some reason. In those cases, we will issue refunds after investigating on a case-by-case basis. We will consider things like other complaints received or other customer comments. We do not guarantee satisfaction, and we will not consider dissatisfaction with the Platform or buyer’s remorse as grounds for a refund. We do not give cash refunds; we refund the requested transaction back to you in the form of a credit to the credit card that you used for your purchase unless we give you credit in the form of minutes. To ask for a refund, you must contact our customer service department through our “Contact Us” page. If you start a chargeback or otherwise reverse a payment you made using your chosen payment method, we may terminate your account immediately. If we successfully dispute the reversal, you do not have a right to a refund or to have your account reinstated. If your financial institution returns or denies your payment transaction, you will pay us a $40 service charge or the maximum allowed by law. If we do not receive payment, we may refer your account for collections and you will pay us for all costs and fees (including reasonable attorney fees) that we incur in collecting your debt.
    10. May I transfer any of my minutes to another user? Minutes have no cash value and are for entertainment purposes only. If you buy a minute package from us, you may only use these minutes for yourself, and you cannot transfer (free or as a sale) to or buy from other persons. We may refuse to honor any minutes where you have tried to transfer those minutes to another person or have tried to buy those minutes from another person. We will only provide services to you if you buy minutes from an affiliate or us. Unused minutes are forfeited if you or we terminate or suspend your account for any reason.
  7. Entertainment & Fantasy Service

    1. Will I meet other people using the Platform? The Platform is an entertainment and fantasy phone chat line and not a dating service. We provide the Platform for the entertainment and fantasy of our users. We do not guarantee that any given person is available or interested in communicating with you or anyone else. Nor do we guarantee that people who you talk to on a local chat line number will necessarily live near you (we do not restrict local chat line use to users in the local chat number area code) or that you will find local callers when you call the chat line. You understand that the information, text, and pictures contained on the Platform or any website do not pertain to any actual person, but are included for entertainment and fantasy purposes only.
      We do not recommend or condone any form of user interaction outside of the Platform. We prohibit using the Platform to arrange face-to-face meetings or to engage in illegal activity. Any such use may subject your account to termination. If you choose to interact with any user outside of the Platform, you do so at your own risk, and we have no liability to you for any consequences of that interaction.
    2. Does the Platform send prerecorded messages? Yes, it does. We send prerecorded messages to stimulate conversation with users and to encourage further and broader participation in the Platform. A certain percentage of greetings and messages you receive will be from people who are not on the chat line at the time or who directed the communication to another user. Again, we do this because this is a fantasy and entertainment service, and we want you to enjoy your time on the Platform and not feel left out.
    3. Does the Platform use paid actors? Yes, it does. While we would love not to have to use paid actors, the reality is that some people need an incentive to participate on the Platform. Thus, some of the people that you interact with will be paid actors.
  8. Access to the Platform

    1. Do you guarantee that the Platform will be up and running at all times? Unfortunately, we can’t guarantee that because sometimes we have to carry out maintenance to the Platform, or the Platform may be affected by a fault or circumstances that are outside our control. We may suspend, withdraw, amend, change, or vary the Platform. To protect the integrity of the Platform, we may block users from specific IP addresses and telephone numbers from accessing the Platform.
    2. What about mobile access? At this time, we do not offer mobile access. We may add mobile access, features, or services in the future. If we do, we will update this section. By accessing the Platform or agreeing to receive messages or notices from the Platform through your mobile phone or any other connected mobile device (including a tablet), you accept that you may incur charges from your Internet or mobile service provider. We will not be liable for those charges. If you do not want to receive text messages from us, you may press “five” to decline to receive text messages when prompted by the system when you call in or reply with “Stop” after receiving any text message from us.
    3. I’m not registered, and I can’t seem to access some content on the Platform. Why is that? If you have not bought a minute package from us and you have used up your free trial, then you can only call the chat line and listen to greetings and messages sent to you by users. You cannot send a message, reply to a message, or chat live with users. If you want to do this, you must buy a minute package.
  9. Communications and Test Greetings. When you become a user, you consent to receive email messages from us. These email messages may be transactional or relationship communications relating to the services, like administrative notices and service announcements or changes, or emails containing commercial offers, promotions, or special offers from us. Please see our privacy policy for more information about these communications and how you can limit them. On one or more occasions, our employees (or employees of our parent or affiliated companies) may create test-greetings to test the functionality of our services and processes to improve service quality for our users. We may record telephone calls between you and our customer care representatives for quality assurance purposes.

  10. Termination

    1. Termination of use by us: I cannot access the service, what’s going on? Sometimes people forget about this agreement and record content or act in a way while on the Platform that is not consistent with the purpose of the Platform. If we think that you may be one of those people, then we may:

      1. Suspend or terminate your account and your right to access or use the Platform; and
      2. Make use of any operational, technological, legal, or other means available to enforce this agreement (including blocking specific IP addresses and telephone numbers).

      We will try to notify you if we have or will suspend or terminate your access to the Platform.

    2. Termination of use by you: They say that you can have too much of a good thing… what do I do if I want to “unregister” myself from Platform? Since all minute packages are one-time purchases, there is never a need to cancel your account; we will not charge you again unless you make another one-time purchase (if you signed up for the recurring billing favorite alerts service, you will have to turn off automatically billing through the ChatMember.com website). Because you record a new greeting every time you use the Platform and that greeting is automatically removed when you hang up, there is nothing to remove. Of course, the possibility exists that our system may have recorded your greeting, and if you want to make sure that we do not use your greeting in the future, you can call us at (877) 771-4255 or email us at support@chatmember.com, and we will try to delete it for you. Please understand that if you choose to stop using the Platform before your package expires, we cannot refund you for your unused minutes.
  11. Someone is not obeying this agreement, who do I tell? Please report any abuse or complaint about content on the Platform to us by calling us at (877) 771-4255 or by sending us an email outlining the abuse or complaint at support@chatmember.com. On the phone chat line, you can block a caller from contacting you during that session by pressing “six” after receiving a message or listening to a greeting.

  12. Do you have guidelines in place about what you can do with my personal data? We process information according to our privacy policy, which we incorporate into this agreement. Please read our privacy policy before using the Platform. By using the Platform, you acknowledge that phone and Internet transmissions are never completely private or secure. You understand that others may intercept or record any message or information you send over the Platform. We may use software that automatically tracks performance and usage information to evaluate the Platform. This software will not personally identify you.

  13. Disclaimer of warranties and limitation of liability

    1. I forgot the rules about conduct on here, and now someone is threatening to sue me. Will your lawyers sort it out? No. If you act in a way that upsets other users, then you have to be responsible for the consequences. We expressly disclaim any responsibility for your conduct or the conduct of any other user of the Platform (including any interactions between users), whether online or offline, and expressly disclaim any liability for content recorded by you or by any other user.
    2. My friend is a lawyer and says that you can’t eliminate liability for everything… Nothing in this agreement limits or eliminates our liability for (a) death or personal injury caused by our proven gross negligence or willful and wanton misconduct or (b) any liability that cannot be limited or excluded by law.
    3. Okay, so what liability do you eliminate (or what can’t I sue you for)?

      1. You acknowledge that the Platform includes content provided by third parties, including materials provided by other users and third-party licensors, syndicators, or aggregators. All statements or opinions expressed in those materials, and all responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person providing those materials. Those materials do not reflect our opinion. We cannot guarantee that this third-party content will be free of material you may find objectionable or otherwise. We will not be liable to you or any third party for the content or accuracy of any materials provided by any third party.
      2. Your use of the Platform, its content, and any services or items obtained through the Platform is at your own risk. We provide the Platform, its content, and any services or items obtained through the Platform “as is,” “with all faults,” and “as available,” without making any warranty, either express or implied. We are not making any warranty (1) that the Platform, its content, or any services or items obtained through the Platform will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that the Platform or the system that makes it available are free of viruses or other harmful components; or (4) that the Platform or any services or items obtained through the Platform will otherwise meet your needs or expectations. Nor do we make any warranty about any content recorded by any user, any third party’s use of the content that you record, or that we will make available or store on the Platform any content you record.
      3. We are not making any warranty—whether express, implied, statutory, or otherwise—including any warranty of merchantability, title, noninfringement, privacy, security, or fitness for a particular purpose.
      4. We will not be liable to you for any of the following:

        1. Errors, mistakes, or inaccuracies of content;
        2. Personal injury or property damage of any nature resulting from your access to or use of the Platform;
        3. Information, comments, or material you receive that is infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, libelous, invasive of privacy, or illegal;
        4. Unauthorized access to or use of our servers and any personal or financial information stored in them, including unauthorized access to or alterations of your account, transmissions, or data;
        5. Bugs, viruses, Trojan horses, or other disabling code that may be transmitted to or through the Platform by any person or that may infect your computer or affect your access to or use of the Platform, your other services, hardware, or software;
        6. Interruption or cessation of transmission to or from the Platform;
        7. Delays or failures you may experience in beginning, conducting, or completing any transmissions to or transactions with the Platform;
        8. Incompatibility between the Platform and your other services, hardware, or software; or
        9. Loss or damage of any kind incurred because of the use of any content made available through the Platform.
      5. Unless caused by our gross negligence or our intentional misconduct, we will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of your access or your inability to access the Platform or the content.
      6. We also will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Platform or the content.
      7. The limitations and exclusions in sections 13.3(E) and 13.3(F) apply regardless of theory of liability, and even if you told us about the possibility of these damages or we knew or should have known about the possibility of these damages.
      8. If you are dissatisfied with the Platform or have any other complaint, your exclusive remedy is to stop using the Platform. Our maximum liability to you for any claim will not exceed $250.
      9. Waiver of Section 1542. If you reside in California, with respect to the releases of liability set out in this agreement, you acknowledge that you understand the consequences of entering into the general release and discharge of all known and unknown claims as stated in this agreement and that you are familiar with the provisions of section 1542 of the California Civil Code, which provides that: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. You hereby waive all rights under section 1542 and any other federal or state statutes or laws of similar effect.
      10. The above disclaimers, exclusions, and limits apply to the greatest extent allowed by law, but no more. We do not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages or other matters, one or more of the disclaimers, exclusions, or limits might not apply to you.
  14. I forgot the rules about conduct on here, and now someone is threatening to sue you. What now?

    1. In General. You must pay us for any loss of ours that is caused by your (a) access of or conduct on the Platform; (b) conduct off the Platform; (c) breach of this agreement; (d) infringement or violation of rights of another person, including intellectual property, publicity, and privacy rights; (e) violation of applicable law; or (f) tortious or criminal acts or omissions, including negligent, intentional, and fraudulent or deceptive conduct. But you are not required to pay if the loss was caused by our intentional misconduct.
    2. Definitions

      1. Loss” means an amount that we are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages.
      2. A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
    3. Our Duty to Notify You. We will notify you before the 15th business day after we know or should reasonably have known of a claim for a loss that you might be obligated to pay. But our failure to timely notify you does not terminate your obligation, except if that failure prejudices your ability to mitigate losses.
    4. Legal Defense of a Claim. We have control over defending a claim for a loss (including settling it) unless we direct you to control the defense. If we direct you to control the defense, you will not settle any litigation without our written consent if the settlement (1) imposes a penalty or limitation on us, (2) admits our fault, or (3) does not fully release us from liability. You and we will cooperate with each other in good faith on a claim.
    5. No Exclusivity. Our rights under this section do not affect other rights we might have.
  15. Compliance with Laws. We provide the Platform for use only by persons located in the United States or Canada. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States or Canada. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.

  16. Governing Law. Washington law governs this agreement without regard for any choice-of-law provisions that might direct the application of the laws of any other jurisdiction. The predominant purpose of this agreement is providing services and licensing access to intellectual property and not a “sale of goods.”

  17. Place for Resolving Disputes. Except for disputes subject to arbitration or the small claims exception, all disputes arising under these terms or your access to the Platform or use of the Platform will be subject to the exclusive jurisdiction and venue of the courts in the State of Washington. You hereby submit to the personal jurisdiction of the courts in the State of Washington to resolve all disputes not subject to arbitration or the small claims exception. You hereby waive any right to seek another forum or venue because of improper or inconvenient forum.

  18. Dispute Resolution; Exception for Small Claims

    1. Litigation Election. Either party may elect to litigate the following type of case or controversy: (1) an action seeking equitable relief, or (2) a suit to compel compliance with this dispute resolution process. We may elect to litigate billing or payment disputes or collection matters. You may elect to litigate any claim that meets the jurisdictional requirements for small claims court subject to section 18.3.
    2. Arbitration. Except as provided in section 18.1, as the exclusive means of initiating adversarial proceedings to resolve any dispute arising out of or relating to the Platform or this agreement, a party may demand that any such dispute be resolved by binding arbitration administered by the Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is not available) under its rules available at www.arbresolutions.com, and each party hereby consents to any such dispute being so resolved. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable. Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration. The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in this agreement. The arbitrator’s award will include costs of arbitration, reasonable legal fees under section 18.5, and reasonable costs for expert and other witnesses. Judgment on any award rendered in any such arbitration may be entered in any court having jurisdiction. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under this agreement without the advance written consent of both parties.
    3. Exception for Small Claims. As an alternative to arbitration, you may pursue your claim in a small claims court in your jurisdiction of residence, if the claim meets all of the requirements for the small claims court subject to our right to remove any claims where the amount in controversy exceeds $5,000. If you elect to file a small claims action, the matters raised in the small claims action will not be subject to arbitration unless (1) you remove the matter from the jurisdiction of the small claims court, or (2) we elect to remove the matter because the amount in controversy exceeds $5,000.
    4. Injunctive Relief. The parties acknowledge that breach by either party of the obligations under this agreement could cause irreparable harm for which damages would be an inadequate remedy. Nothing in this section will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Platform, in each case without posting a bond or other security and without proof of actual money damages in connection with the claim.
    5. Recovery of Expenses. In any proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. For purposes of this section 18.5, “prevailing party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings.
    6. Jury Trial Waiver. Both parties hereby waive the right to a trial by jury for any dispute arising out of or relating to the Platform or this agreement. Either party may enforce this waiver up to and including the first day of trial.
    7. Class Action Waiver. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator will not consolidate more than one person’s claims. Both parties acknowledge that each party is waiving the right to participate in a class action.
    8. Limitation on Time to Bring Claims. A party will not file a claim arising out of or relating to the Platform or this agreement more than one year after the cause of action arose. Any claim brought after one year is barred.
  19. General

    1. Entire Agreement. This agreement constitutes the entire agreement between you and us about your access to and use of the Platform and supersedes all earlier or contemporaneous agreements between you and us about access to and use of the Platform.
    2. Changes. We may change this agreement on one or more occasions. We will try to post changes here at least 15 days before they become effective. Changes will become effective on the “last updated” date stated at the top of this agreement. Changes will not apply to continuing disputes or disputes arising out of or relating to events happening before the posted changes. While we will try to notify you when we make changes to this agreement, we do not assume any obligation to do so, and it is your responsibility to check this webpage to review the most current agreement frequently. By continuing to use the Platform after we post changes to this agreement, you agree to the revised agreement. If you do not agree to the revised agreement, your exclusive remedy is to stop using the Platform. If you need more information about the changes or have any other questions or comments about the changes, please contact us at support@chatmember.com.
    3. Assignment and Delegation. We may assign any rights or delegate any performance under this agreement without your consent. You must not assign your rights or delegate your performance under this agreement without our advanced written consent. Any attempted assignment or delegation in violation of this provision is void.
    4. Waiver. If we fail to exercise or enforce any right or provision of this agreement, it will not constitute a waiver of that right or provision. Any waiver of any provision of this agreement will be effective only if in writing and signed by the relevant party.
    5. Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
    6. Successors and Assigns. This agreement benefits and binds the parties and their respective heirs, successors, and permitted assigns.
    7. Feedback. We encourage you to provide feedback about the Platform. But we will not treat as confidential any suggestion or idea provided by you, and nothing in this agreement will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
    8. Force Majeure. We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including (a) acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; (b) war, riot, arson, embargoes, pandemics, acts of civil or military authority, or terrorism; (c) fiber cuts; (d) strikes or shortages in transportation, facilities, fuel, energy, labor, or materials; (e) failure of the telecommunications or information services infrastructure; and (f) hacking, SPAM, or any failure of a computer, server, network, or software.
    9. Notices

      1. Notifying Us. You may notify us by email at support@chatmember.com, by calling our customer service department at (877) 771-4255, or by using our online form. We will consider an electronic notice received by us only when our server sends a return message to you acknowledging receipt. We may change our contact information by posting the change on the “Contact Us” webpage.
      2. Notifying You¬—Electronic Notice. You consent to receive any notice from us in electronic form either (1) by email to the last known email address we have for you or (2) by posting the notice on a place on the ChatMember.com website chosen for this purpose. We will consider notices sent to you by email received when our email service shows transmission to your email address. You state that any email address you gave us for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email you receive.
    10. Authorization and Permission Email You. If you have given us your email address, you authorize us to email you notices, advertisements, and other communications to you, including emails, advertisements, notices, and other communications containing adult oriented material, sexual content and language, and images of nudity not suitable for minors. This authorization will continue until you ask us to remove you from our email list. For more information, please see our privacy policy.
    11. Electronic Communications Not Private. We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us as open communications readily accessible to the public. You should not use the Platform to send or receive messages that you only intend the sender and named recipients to read. Users or operators of the Platform may read or listen to all messages you send regardless of whether they are intended recipients.
    12. Electronic Signatures. Any affirmation, assent, or agreement you transmit through the Platform will bind you. You acknowledge that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
    13. Consumer Rights Information—California Residents Only. This provision applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:

      TeleMainia, LLC
      3540 West Sahara Avenue #638
      Las Vegas, Nevada 89102
      (877) 771-4255

      Users who wish to gain access to the password-restricted area of our Platform must register. We do not charge users for registering, but do offer premium paid services. You may contact us at support@chatmember.com to resolve any disputes or to receive further information about the Platform.

    14. Complaints—California Residents. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
    15. Your Comments and Concerns. If you have any questions or comments about this agreement or the Platform, you may contact us by email at support@chatmember.com or by phone at (877) 771-4255.