Submitted Content

Botchat is not the source of, does not verify or endorse, and takes no responsibility for the content of communications or any material submitted or made available through the Service via any function that allows a user to send private messages or share content publicly (the “Submitted Content”). Submitted Content is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent, or otherwise objectionable. Submitted Content may be protected by intellectual property rights owned by third parties. You are responsible for the content you choose to communicate and access using the Service. Botchat may in its sole discretion block, prevent delivery of, or otherwise remove the content of communications as part of its effort to protect the Service or its users, or otherwise enforce these Terms. Further, Botchat may in its sole discretion remove or decline to publish such content on the Service and terminate your account if you submit any content that is in breach of these Terms.

6.1 Messaging and Public Forums

Botchat may provide features that allow you to send private messages to other users, share posts to your Account’s feed, or comment on other users’ posts. These communication features and other public forms that Botchat may provide are intended to serve as discussion centers for users of the Service. All messages, posts and comments sent through the Service are Submitted Content. Depending on your account settings, some of the Submitted Content that you send or post through the Service may be seen by other users. When sending or posting Submitted Content through the Service, you must use good taste when discussing sensitive topics. Users are required to treat others with respect and honesty, and to be fair and informative. You are only permitted to send or post honest and valuable Submitted Content and you are prohibited from sending or posting rumors or negative opinions that are not supported by facts.

6.2 Submitted Content Guidelines and Restrictions

In addition to the prohibited activities described above, when sending or posting Submitted Content through the Service, you must not:

  • Send or post anything that interferes with or disrupts the Site or the operation thereof, including files that contain malicious code, viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer, network or the Site;

  • Send or post statements or materials that are libelous or defame, harass, abuse, stalk, threaten, intimidate or in any way infringe on the rights of others;

  • Send or post statements or materials that violate other contractual or fiduciary rights, duties or agreements;

  • Send, post or upload personal information, pictures, videos or any other media of another person without their express permission;

  • Delete or revise any material posted by another person or entity;

  • Send or post statements or materials that are bigoted, hateful, racially offensive, vulgar, obscene, pornographic, profane, defamatory, or otherwise objectionable, including language or images that typically would not be considered socially or professionally responsible or appropriate in person;

  • Send or post statements or materials that violate applicable law, encourage criminal conduct or discrimination based on race, sex, gender, religion, nationality, disability, sexual orientation or age, or that would give rise to civil or criminal liability or otherwise violate any law or regulation in any jurisdiction;

  • Send or post statements or materials that are false or are misrepresentations;

  • Send or post statements or materials that in any way harm minors;

  • Send or post statements or materials that impersonate any other person or entity, whether actual or fictitious, including without limitation, employees and representatives of Botchat;

  • Send or post statements or materials that misrepresent your affiliation with any entity and/or Botchat;

  • Send or post anything that violates the privacy or publicity rights of any other person, including, without limitation, sending or posting any personally identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit or debit card numbers or any trade secrets or information for which you have any obligation of confidentiality;

  • Send or post statements or materials that constitute junk mail, spam or unauthorized advertising or promotional materials, including without limitation, links to commercial products or services or any political campaigning;

  • Sending or posting material that in the sole judgment of Botchat is objectionable or restricts or inhibits any person or entity from using or enjoying any interactive features or other portions of the Service, or which may expose Botchat or its users to harm or liability of any nature; or

  • Send or post material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available, without the express permission of the owner of the copyright, trademark, patent or other proprietary right. Botchat does not have any express burden of responsibility to provide any user with indications, markings or anything else that may aid any user in determining whether the material in question is copyrighted or trademarked. Users shall be solely liable for any damage resulting from infringements of copyrights, trademarks, patents, proprietary rights or any other harm resulting from such submission.

6.3 Submitted Content License

Botchat does not claim ownership of any of your Submitted Content. With respect to all of your Submitted Content, you grant Botchat a perpetual, irrevocable, non-terminable, transferable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Submitted Content or any part of the Submitted Content in connection with the Service and Botchat’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each user of the Service a non-exclusive license to access your Submitted Content through the Service while the Submitted Content is made available through the Service. You hereby represent, warrant, and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music, or video) to which you do not have the full right to grant the license specified in this Section 6 (Submitted Content).

6.4 Disclaimer

Botchat expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed through the Service by third parties, nor is Botchat responsible for errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will Botchat, or its licensors, affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through the Service. The opinions expressed in direct messages or in public posts or comments are solely the opinions of the participants, and do not reflect to opinions of Botchat, its licensors or any of their subsidiaries or affiliates.

6.5 User Acknowledgement

You acknowledge and agree that: (i) by using the Service, you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and Botchat has no responsibility to you or any third party for any Submitted Content that you create, submit, post or publish on or through the Service; (iii) Botchat does not guarantee any confidentiality with respect to your Submitted Content; and (iv) Botchat is not responsible for any Submitted Content provided by third parties that you may have access to through your use of the Service and all Submitted Content is the responsibility of the person from whom such Submitted Content originated. You acknowledge and agree that (y) Botchat has no control over and is not responsible for the use of Submitted Content by its users, including any user that has downloaded Submitted Content to a personal device; and (z) Botchat may not be able to remove Submitted Content that is downloaded onto a user’s Device. Botchat does not endorse any Submitted Content, or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Submitted Content.

You acknowledge that your Submitted Content is your sole responsibility. You agree that, under no circumstances, will Botchat be liable in any way for any Submitted Content, including, but not limited to, any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Service.

6.6 Removal

Botchat has no obligation whatsoever to monitor any of the Submitted Content in direct messages, posts, comments or other public forums. Notwithstanding the foregoing, you acknowledge that Botchat has the right to pre-screen your Submitted Content but has no obligation to do so. At Botchat’s sole discretion, any Submitted Content may be included in the Service in whole or in part in modified form. In addition, Botchat and its designees shall have the right, but not the obligation, in their sole discretion, to refuse or remove any Submitted Content that is available via the Service that violates these Terms or is otherwise objectionable including, but not limited to, being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or violating any party’s intellectual property. Botchat may disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect itself, its clients, sponsors, users and visitors. Botchat further reserves the right to contact users to inform them of policies, hide users’ Submitted Content or delete users’ accounts without warning or advance notice, for any reason, including but not limited to the violation of these Terms. Any user failing to comply with the guidelines set forth in this Section 6 may be expelled from and refused continued access to the Service in the future.

6.7 Size Limitations

Materials sent, posted or uploaded via direct message, post, comment or other public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.

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