Terms and Condstions

END USER LICENSE AGREEMENT

This is an agreement between IncogChats Inc. (“IncogChats”), the owner and operator of www.IncogChats.com (the “IncogChats Site”), the IncogChats software, including the IncogChats application and the Site (the “IncogChats Service” or the "Service"), and you, a user of the IncogChats Service. Following are the set of terms and conditions applicable for the use of the website www.IncogChats.com and the application, "IncogChats". These terms shall be read along with the current Privacy Policy which is incorporated herein by reference. If you do not agree with any of these terms, you may not use the IncogChats Service. If you continue to use the services you are deemed to have accepted these terms in full.

• Ability to Accept Terms of License

  You affirm that you have the ability to enter into this License. You affirm that you are either more than 18 years of age, 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 this license, and to abide by and comply with this license. If you are under 13 years of age, you are not permitted to use the IncogChats Service.

• Changes to this License

  IncogChats reserves the right to amend or modify the terms of this License at any time, and it is your responsibility to review this License for any changes. Your continued use of the IncogChats Service following any amendment of this License will signify your assent to and acceptance of its revised terms.

• The Service

  3.1 You agree not to exploit the IncogChats Service in any unauthorized way whatsoever, and your use of the Service is solely for personal use.

  3.2 You choose to access the Service at your own initiative and are responsible for compliance with any applicable laws, including but not limited to local laws.

  3.3 We reserve the right to change, suspend, remove, or disable access to our Service at any time without notice. In no event will we be liable for the removal of or disabling of access to our Service. We may also impose limits on the use of or access to our Service without notice or liability.

  3.4 Any notice sent by e-mail or as IncogChats message in absence of e-mail shall be considered as an effective delivery of the notice to the user.

  3.5 IncogChats may (a) require you to download and install updates; or (b) automatically download and install updates to your device.

  3.6 IncogChats does not consider ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Feedback") to be confidential information. If you send any Feedback to IncogChats, you acknowledge that IncogChats reserves the right to independently use, develop, evaluate, or market products, whether incorporating the Feedback or otherwise.

• User and Website Content 

  In these terms and conditions, "your user content" means material (including without limitation chat messages, posts and comments, text, images, audio material, video material and audio-visual material) that you submit to IncogChats, for whatever purpose.

  • 4.1 The IncogChats Service may contain links to third party websites, including advertisements that are not owned or controlled by IncogChats. IncogChats has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, IncogChats will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that IncogChats shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
  • 4.2 You understand that when using the IncogChats Service you will be exposed to content posted by other users, and that IncogChats is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content and that such content are not the responsibility of IncogChats.
  • 4.3 In the course of using the IncogChats Service, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use our Service at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
  • 4.4 You shall be solely responsible for the content you post and the consequences of posting them. Because IncogChats is only acting as a repository of data, user submitted content do not necessarily represent the views or opinions of IncogChats, and IncogChats makes no guarantees as to the validity, accuracy or legal status of any user submitted content.
  • 4.5 You grant to IncogChats a worldwide, irrevocable, non-exclusive, sub-licensable, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media or search engines. You also grant IncogChats the right to bring an action for infringement of these rights.
  • 4.6 IncogChats reserves the right to use any content posted by the User for promoting the service or as information for other users.
  • 4.7 IncogChats reserves the right to restrict access of the user to any part of the content either temporarily or permanently at its sole discretion.

• User Submissions

  By voluntarily submitting information, communications, or content (including photos, videos, personal stories, anecdotes, and jokes) (each, a “Submitted Item”) to this Site and/or Community, you agree that such submissions are non-confidential for all purposes and you grant IncogChats and its affiliates, partners an irrevocable, nonexclusive, perpetual, worldwide, royalty-free, fully sub-licensable, right and license to use, display, publicly perform, modify, reproduce, publish, distribute, adapt, make derivative works of, sublicense and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film or electronic storage devices), without compensation of any kind to you or any third party, and the right to include your name and city of residence in connection with any such use. Each Submitted Item is also subject to such other terms and conditions as any of the IncogChats may specify for particular submissions. By submitting material to us, you represent and warrant that you have full authority to grant the rights set forth above and that your material will not, in whole or in part, infringe the intellectual property rights, rights of privacy or publicity, or any other rights of any third party. You further represent and warrant that you have attained the legal age of majority in your state/province (18 in most states/provinces). Parents or guardians must submit on behalf of any minor. The submission of any Submitted Item in no way creates any obligation or duty on the part of any of the IncogChats to post or use such Submitted Item or, if we do so, to give you credit. We may contact you via phone, email or mail regarding your submission.

• Content Policies

  By agreeing to our terms and conditions, you as a user of (IncogChats) must adhere to the following content policies. We aim to maintain a healthy eco system for our users, publishers, marketers, advertisers & 3rd party partners. Our aim is to keep our website 100% safe for all type of audience including family and kids. Therefore we take strict action to remove any offensive, illegal, sexual or hatred content. Due to the nature of our website and the freedom of speech which it provides, all users must be aware of the following content policies. Failure to adhere to these policies will get your community account terminated and your IP banned from using random chat. We have automated moderation filters, real user moderators and other spam prevention tools to monitor content against our policies. Even anyone on our website who does not even have an account can flag a post for moderation or report any activity as spam. Please make yourself aware of the following policies while using our Website/Service:

  • IncogChats is an open platform for discussion across a wide range of topics from politics, food, and religion to health and beauty. This is not a dating website, so please avoid posting immature and dating only topics. Adult content is strictly prohibited.
  • Use of adult words and hatred speech e.g "f-u-c-k, c-u-n-t, n-i-g-g-e-r" etc is not allowed, such usage will get your account terminated.
  • Content which provides little or no value to others is not allowed, e.g. promoting spam links or affiliate links through our website.
  • Sharing of your personal information is not allowed in public, this can include your phone number, email, snapchat, kik etc.
  • Disrespecting and spreading haterdness or terrorism activities are not allowed.
  • Buying/Selling of illegal content/drugs is not allowed

  Failure to comply with these rules will get your account banned. If you find any topic/post suspicious, you can report it for moderation by [email protected]

• User’s Obligations

  • 5.1 You are responsible for all activities that occur under your User Account. You must notify IncogChats immediately of any breach of security or unauthorized use of your mobile phone. IncogChats will not be liable for any loss that you may incur as a result of someone else using your User Account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your User Account.
  • 5.2 You shall keep your account particulars confidential and take all steps that are reasonable and necessary to prevent your identity from being compromised.
  • 5.3 You may link to materials on the Service for personal purposes only. IncogChats reserves the right to discontinue any aspect of the Service at any time.
  • 5.4 You shall not:
  • 5.4.1 expose any third party to material which is objectionable in any way, including without limitation posting any information that is offensive, harmful to minors, obscene, contains adult content, promotes terror, constitutes impersonation, meant to deceive, or infringe on the intellectual property rights of any other person or otherwise constitute violation of applicable law;
  • 5.4.2 use the IncogChats Service to threaten, harass or invade the privacy of, any third party, including without limitation bullying, intimidating, harassing, defaming, misleading, spamming, phishing, pharming, stalking or otherwise harming other users;
  • 5.4.3 Use the IncogChats Service to post advertisements or solicitations of business;
  • 5.4.4 attempt to reverse engineer any part of the IncogChats Service, or carry out any activity which unauthorized damages, modifies or deletes any content on IncogChats or otherwise impairs the functioning of IncogChats;
  • 5.4.5 Duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without IncogChats's prior written authorization;
  • 5.4.6 Resell or charge others for use of or access to the Service, or in any other manner inconsistent with this License, as the Service is permitted solely for your personal use;
  • 5.4.7 Use (including as part of your name and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights;
  • 5.4.8 Collect or harvest any personally identifiable information, including account names, from the IncogChats Service.

• Termination

  The License is effective until terminated by you or us. You may terminate your relationship with IncogChats at any time. IncogChats has the right to terminate your rights under this License without notice if you fail to comply with any terms of this License. Upon termination of the License, you shall cease all use of the Service, and destroy all copies of the Service.

  • 6.1 IncogChats reserves the right to temporarily disable or permanently terminate the account of any user at any time:
  • 6.1.1 if you are in breach of the terms of this License;
  • 6.1.2 if IncogChats reasonably suspects that you are using the IncogChats Service to break the law or infringe third party rights;
  • 6.1.3 if IncogChats reasonably suspects that you are trying to unfairly exploit or misuse any of our policies;
  • 6.1.4 if required due to a change in laws/regulation by a regulator or authority with a lawful mandate in any particular territory, or by any of IncogChats's partners;
  • 6.2 The obligations under this agreement shall subsist as long as the application is being used by the user and shall cease only on the complete uninstallation of the application and deletion of the account.

• Warranty Disclaimer

  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, IncogChats, ITS OFFICERS AND EMPLOYEES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY.

• Limitation of Liability

  IN NO EVENT SHALL IncogChats, ITS OFFICERS, OR EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,

  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE,
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS,
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY,
  • DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN 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.

• Intellectual Property Rights

  The IncogChats Service and all copies thereof are protected by copyright and other intellectual property laws and treaties. IncogChats or its licensors own the title, copyright, and other intellectual property rights in the Service and all copies, modifications and derivative works thereof, and the underlying software (including any user Feedback) ("IncogChats Technology"), and your use of our Service does not grant to you, nor do you acquire any ownership rights in the IncogChats Technology.

• Indemnity

  The user will indemnify IncogChats and any of its officers against any losses, damages, costs, liabilities, and expenses (including attorneys' fees and costs) as a result of or in connection with any claim or dispute arising from or relating to any breach by you of this license.