Date of the first and last review: May 18, 2017.
This Statement of rights and responsibilities (hereinafter called the Regulations) governs our relationship with users and anyone else who interacts with ThaiChat. The use or access to ThaiChat implies acceptance of the present Statement.
1. The term ThaiChat is a set of functions and services available to users, whether it be through (a) the www.thaichat.com website and its international versions or co-branded versions (including sub-domains, mobile and widgets versions); (b) our Platform and (c) other media, software (such as a toolbar), applications, devices, or existing or future networks and our facebook page.
2. The term Platform is a set of APIs and services that enable others, including application developers and Web site managers, to retrieve data from ThaiChat or provide us with data.
3. The term Information refers to the facts and other information about the user, including actions carried out by the user.
4. The term Contents refers to everything that is posted on ThaiChat and that does not fall under the definition of information.
5. The term Data refers to the contents and information that can be retrieved from ThaiChat by third parties or that can be provided to ThaiChat by third parties through the Platform.
6. The term Publishing is the act of posting something on ThaiChat or placing an item available to us (i.e. writing an article or an advertisement).
7. The term Use refers to the following: use, copy, carry out or display publicly, distribute, modify, translate and create derivative works.
8. The term Application refers to any application or website that uses or accesses the Platform, as well as anything else that receives or has received data from ThaiChat. If a user no longer accesses the platform but has not eliminated his/her data from ThaiChat, this condition will be valid and will be applied until the data is eliminated.
9. The term Writer/s refers to any person who is registered or not registered to the site that publishes or edits articles.
10. The term Article/s refers to a news item, a review, an advertisement, an activity, an image, a video, an event and any post or page.
11. The term Comment/s is defined as a reply to an article.
By accessing the Website, you certify that:
1. You are at least 18 years of age or the age of majority under the laws of your state, province or country.
2. You accept to let us publish your photos and videos into our facebook page.
3 You know and understand that the materials presented at and/or downloadable from the Website include explicit visual, audio, and/or textual depictions of nudity and explicit sexual activities; that you are familiar with materials of this kind; that you are not offended by such materials; and that by agreeing to these terms and conditions you are warranting to us that you are intentionally and knowingly seeking access to such explicit sexual materials for your own personal viewing.
4. You are using the Website solely for personal, non-commercial purposes.
5. You will not copy or distribute any part of the Website without our prior written authorization.
6. You will not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.
1. By registering you agree that the information you are providing is accurate, current and complete, and that you have the legal competence to complete this agreement.
2. To register at ThaiChat you must be at least 18 years old.
3. ThaiChat may cease to provide the service, block or delete a membership at any time, for any reason and without notice. Any conduct in violation of this regulation is subject to the immediate suspension of the account; the user being sanctioned will then be given a chance to explain their reasons.
4. All members are responsible for the consequences of the use of this site.
5. In the event of a conflict between one or more users, ThaiChat will not be liable for any damages whatsoever, present and future, resulting from the conflict.
2. Sharing content and information
The user is the owner of all content and information published on ThaiChat. Furthermore:
1. As far as the contents covered by property rights, such as photos and videos (IP content), are concerned, the user grants ThaiChat the following permissions: the user provides ThaiChat a non-exclusive and transferable license, which can be granted as a sub-license, royalty-free and valid worldwide, which allows the use of any IP Content published on ThaiChat or in connection with ThaiChat (IP License).
2. When users post contents or information they grant access to everyone, including people who are not registered with ThaiChat, and allow the use of such information.
3. Comments or suggestions from users regarding ThaiChat are always welcome. However, the user must be aware that we may use them without any obligation of compensation (in the same way in which the user is not obliged to provide them).
3. User Submissions (uploads)
A. We allow our users to submit video or other material and the hosting, sharing, and/or publishing of such submissions (“Submissions”). You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with your Submissions, you affirm/warrant that:
1. You have the written consent, release, and/or permission of each and every identifiable person in the Submission to use the name or likeness of each individual for use in your Submissions in the manner contemplated by these terms of service.
2. Your Submission is compliant with all applicable laws, including, but not limited to, 18 U.S.C. 2257 and 28 C.F.R 75.
3. You retain all of your ownership rights in your Submissions. However, by submitting the material to us, you grant a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, modify, adapt, transmit, translate, distribute, prepare derivative works of, publicly display, and publicly perform the Submission in connection with the Website and business; and the posting of your Submission on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person; and you agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submissions posted by you to or through the Website.
B. Content on the Website is provided to you AS IS for your information and personal use only. You further agree that you will not:
1. 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 ThaiChat all of the license rights granted herein.
2. Allow any third party, whether or not for your benefit, to reproduce, use, copy, modify, adapt, translate, create derivative works from, display, perform, publish, post, distribute, sell, license, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website) or otherwise exploit, any Content, including member Submissions, without our express prior written consent,
3. Publish falsehoods or misrepresentations that could damage ThaiChat or any third party.
4. Submit material that is unlawful, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
5. Submit material depicting or implying rape, forced sexual acts, bestiality, death, use of controlled substances (implied, staged, simulated, artificial or cartoon/drawn/art).
6. Submit material depicting violence, abuse (actual harm to another living thing).
7. Submit material that depicts or promotes incest.
8. Depict or promote coprophilia, also known as “fecophilia” or “scat”.
9. Use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract or download any Content from the Website, unless you are expressly authorized to do so by us.
10. Use or launch any automated system that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser.
11. Collect or harvest any personally identifiable information, including account names, from the Website.
12. To solicit, for commercial purposes, any users of the Website with respect to their Submissions.
13. Post advertisements or solicitations of business.
14. Impersonate another person.
C. We do not endorse any user Submission, and expressly disclaim any and all liability in connection with user Submissions. ThaiChat does not permit copyright infringing activities or infringement of intellectual property rights on its Website, and will promptly remove content if properly notified of infringements on third party’s intellectual property rights. Repeat infringers will have their user access to the Website terminated. If you are a copyright owner or an agent thereof and believe that any user Submission or other content infringes upon your rights, you may contact us with the following informations:
1. An electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest.
2. A description identifying the material claimed to have been infringed and that is to be removed or access to which is to be disabled, and the location where the original or an authorized copy of the material exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.).
3. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number and, if available, an electronic mail.
4. A statement that you have a good faith belief that use of the material, in the manner complained of, is not authorized by its rightful owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are the rightful copyright owner or that your are authorized to act on behalf of the owner’s behalf.
The Counter-Notification Process
When a user’s video submission has been removed pursuant to a DMCA take-down notice that complies with 17 U.S.C. § 512(c)(3), the Website shall notify the user of this removal. Pursuant to the Website’s repeat infringer policy, the user then has five (5) days to submit a counter-notification to the Website, explaining why the original take-down notice was sent in error. The Counter-Notification may be sent to the email the user originally received a notice from ThaiChat.
For the Website to consider a user’s counter-notification, it must comply with the requirements of 17 U.S.C. § 512(g)(3) and include the following:
1. A physical or electronic signature of the user.
2. Identification the material that has been removed by providing one or more URLs where the material was previously available.
3. A statement under penalty of perjury that the user has a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The user’s name, address, and telephone number.
5. A statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the Website may be found.
6. A statement that the user will accept service of process from the person who sent the notice of alleged infringement or an agent of such person.
Counter-notifications that do not satisfy all of these elements are ineffective and will not be considered by the Website. Failure to provide effective counter-notification when a takedown notice is issued for a video posted by a user’s account will result in a strike against the user’s account; three strikes will lead to the termination of a user’s account under the Website’s repeat infringer policy.
CONTENT OWNERS AND TAKE-DOWN REQUESTS
In order to protect content owners from abusive take-down requests, or requests sent in error, we do not automatically disable videos that are owned by a content owner. If such a notice was sent through the online form for copyright infringements, the sender will automatically receive an email warning him that such links were found, and will be requested to email us with more information.
If you sent us a notice through direct email or letter we will try to inform you of the situation however we cannot guarantee that we will do it everytime because some notices include many links.
D. You understand that when using the Website, you will be exposed to user Submissions from a wide variety of sources, and that ThaiChat is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to user Submissions that are inaccurate, indecent, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ThaiChat with respect thereto, and agree to indemnify and hold ThaiChat and its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
We do our utmost to ensure that ThaiChat is a secure site, but we cannot guarantee it. We need users to collaborate with us by committing to:
1. Not sending or otherwise posting unauthorized commercial communications (such as spam) to other ThaiChat users.
2. Not collecting users’ contents or information, nor accessing ThaiChat in any other way, using automated means (such as bots, web-robots, spiders, or scrapers) without our permission.
3. Not taking illegal multi-level marketing action, such as pyramid schemes, on ThaiChat.
4. Not uploading viruses or other malicious codes.
5. Not attempting to obtain other users’ accounts login or access information.
6. Not denigrating, intimidating or harassing any user.
7. Not publishing content that is: threatening, hate speech, photos or videos of minors and gratuitous violence.
8. Not sending or publishing confidential or pirate material.
9. Not using ThaiChat for illegal, misleading, malicious or discriminatory purposes.
10. Not taking any action that would prevent, overburden, or jeopardize the proper functioning of ThaiChat, for example attacks by means of denial of service.
11. Not facilitating or encouraging any violations of this Statement.
12. Not jeopardizing the proper functioning of the platform.
5. Registration and account security
ThaiChat users provide their personal name and authentic personal information, and invite others to do so as well. As for registration and ensuring the security of their account, users agree:
1. Not to provide any false personal information on ThaiChat or create an account on behalf of another person without their authorization.
2. Not to create more than one personal profile.
3. Not to create another account without our permission if the original account is disabled.
4. Not to use ThaiChat if you are not at least 18 years of age.
5. To make sure their contact information is always accurate and updated.
6. Not to share their password, or allow others to access their account or carry out any other action that could jeopardize the security of their account.
7. Not to transfer their account to third parties without our prior consent.
8. Not to use as user name any trademarks or names that may offend other platform visitors.
6. Protection of third party rights of
ThaiChat respects the rights of others and expects its users to do the same.
1. It is forbidden to publish or carry out specific actions on ThaiChat that violate the rights of others or otherwise violate the law.
2. We reserve the right to remove all content published on ThaiChat, in cases where it is deemed that there has been a violation of this Statement.
3. If we remove any content deemed in violation of the intellectual rights of third parties, and the user who posted them believes that there was a mistake, the user will be given the possibility to appeal.
4. If users repeatedly infringe the intellectual property rights of third parties, ThaiChat will disable their account in cases where it is deemed appropriate.
6. It is forbidden to post identification documents or sensitive financial information on ThaiChat.
7. It is forbidden to repeatedly contact one or more users.
8. If users post unlawful, confidential or pirate material, ThaiChat reserves the right to remove or reclaim it, if it deems appropriate to do so (for example, if a trademark owner complains that the material is not directly related to the user).
1. We reserve the right to change this Statement. To receive information on future changes to this Statement, we suggest visiting and following our Administrators’ profiles.
2. We reserve the right make changes for legal or administrative purposes, or to correct an inaccurate statement, without rebuttal.
If the users’ actions violate this Statement in form and substance or create legal risks for the company, we have the right to interrupt the provision of part or all the ThaiChat services provided to the users. We will send users an e-mail notification, or notify them when they try accessing their account. Users can delete or disable their application at any time. Should this be the case, this Statement will not cease to be valid.
1. Any claim, substantive law or dispute (complaint) between the users and us, arising from this Statement or use of ThaiChat, will be resolved in a state court in Panama. This Statement, as well as any dispute that may arise between the two parties, are governed by the laws of the state of Panama, without regard to conflict of law provisions. Users agree to submit to the personal jurisdiction of the court of Panama, in the case of disputes relating to such disagreements.
2. The use of this site is governed by Panama legislation. In case of disputes regarding the use of the site or the site’s services, the court located in Panama will have jurisdiction.
3. Should complaints arise against us for the actions, content or user information on ThaiChat, the user will be required to compensate us and assure us from and against any damages, losses or expenses (including legal expenses and costs) resulting from such complaint.
4. We are committed to maintaining ThaiChat active, error-free and secure, but users agree to use it at their own risk. ThaiChat comes as it is, without any guarantee either expressed or implied, including, for example, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. We cannot guarantee the security of ThaiChat. ThaiChat is not responsible for the actions, content, articles and information or third-party data, therefore ThaiChat, its administrators, representatives, employees and agents are relieved from any claims or damages, known or unknown, arising from their use, and they are not in any way related to any complaints directed against the said third party. They cannot be held liable for any consequential, special, indirect or consequential damages arising out of or in connection with this statement or ThaiChat, even if they had been notified of the possibility of such damages. The liability arising from this statement or from ThaiChat will not exceed the sum of 10 USD or the amount paid by the user in the last three months.
5. The use of ThaiChat is prohibited in those countries where any part of this agreement is considered invalid according to local legislation, without entailing the invalidity of all or part of this contract.
1. This Statement represents an agreement between the user and ThaiChat.
2. This Statement constitutes the contract between the parties on ThaiChat and supersedes any prior agreements.
3. If a part of this Statement should result in being unenforceable, the remaining part will remain valid and will continue to have effect.
4. The inability to enforce any part of this Statement does not constitute in any way a waiver.
5. Any amendment or waiver to this Statement must be made in writing and signed by us.
6. The user cannot transfer any of their rights or obligations established in this Statement without our consent.
7. All our rights and obligations in this Statement can be freely assigned by us in the event of a merger, acquisition or sale of assets, or by a legal transaction or other transaction.
8. Nothing stated in this Statement can prevent us from respecting the law.
9. This Statement does not confer any beneficiary right to a third party.
10. Users agree to comply with all applicable laws every time they use or access ThaiChat.
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