Terms of User Agreement

By registering with the video chat (hereinafter referred to as "Application") you affirm that you have read and agree to be bound by all of the terms and conditions of this agreement (hereinafter referred to as "Agreement").

The Application is owned by Badanga Ltd. (hereinafter referred to as "Company"). You should carefully read the agreement and agree to its terms and conditions before you get access to the Application. We draw your attention to the fact that careless reading of the following conditions of this Agreement shall not relieve you from obligation to comply with the terms of this Agreement.

Your use of this Application constitutes your implicit agreement to comply with the terms of this Agreement. You also agree to ensure compliance with the terms of this Agreement by any person using the Application on your PC.

The Company reserves the right to redesign the official website of the Application and the Application itself, the Contents of the Application, a list of services, change and/or add the software tools and Applications used by or stored on web servers and Application servers, any server Applications, at any time, without notice to users.

The Company reserves the right to revise this Agreement and make changes to the Agreement at any time without notice to users. Your continued use of the Application will be deemed your unconditional acceptance of such changes. The changes are effective upon posting the latest version of this Agreement at http://chatory.com/agreement.htm. The most current version of this Agreement will be available on the Internet at: http://chatory.com/agreement.htm.

The Company may choose to restrict certain Application features and/or restrict a partial or full access to the Application without any prior notice and further obligation to the Company.

Even after this Agreement is terminated, certain provisions will remain in effect, namely, including the preamble and paragraphs 2, 7, 8, 9 and 12 of this Agreement.

1. General provisions

1.1. You must be 18 (eighteen) or over to register as a user of or use this Application.
1.2. The registration of specifically defined groups of persons shall be considered void if their registration is prohibited by law.
1.3. By using the Application you represent and warrant the following:
1.3.1. That you have the right, authority and capacity to enter into this Agreement and to abide by all the terms and conditions of this Agreement;
1.3.2. That you are already considered a person of full age according to the laws of your country/ republic/ commonwealth/ kingdom and the country you currently live in;
1.3.3. In case if another user of the Application goes before you half-naked or nude in front of the camera or send you visual images of any kind and/or descriptions of nudity, verbal and written descriptions and/or audio-video content of frankly erotic/pornographic nature, you will immediately notify the Application Administration regarding the abovementioned by clicking on the 'Complaint' button and break off any relationship with this User.
1.4. That the Application Administration and Company presenters are allowed to send messages and use the e-mail you have specified in your profile for personal correspondence as well as for marketing purposes.
1.5. That the Application and all its services are provided "AS-IS", without any warranty of any kind, either express or implied. The Company disclaims all warranties either express or implied, including any implied warranties of warranties of satisfactory quality, fitness for a particular purpose as well as any warranty of non-infringement of any type of intellectual property.

2. The Application

2.1. The Application is available to all Application's registered users.
2.2. You must use the Application and its services in accordance with all applicable laws and regulations.
2.3. You agree not to use any device or software to inflict any damage on the Application and to evade the normal procedure, to interfere or attempt to interfere with the work process of the Application.
2.4. You agree not to take any action that will impose an excessive or disproportionately heavy load on our server.
2.5. You are not entitled to be engaged in advertising or persuading other registered Application users to buy or sell any products or services.
2.6. You can use the available parental control tools (software for blocking and filtrating specific applications and resources) in order to limit the minors' access to the Application.
2.7. The Application users and other persons close to the Application users are forbidden to be half-naked or nude in front of the camera, show their genitals in the video camera, send other Application users any kind of visual images and descriptions of nudity as well as verbal and written descriptions and audio-video content of an erotic/pornographic nature.
2.8. All Application users are to follow the chat rules (hereinafter referred to as "Chat Rules"). Chat Rules are available on the Internet at: http://chatory.com/chatrules.htm
2.9. In case if another user of the Application goes before you half-naked or nude and/or if you get any content listed in paragraph 1.3.3 of this Agreement, you represent and warrant that:
2.9.1. You will not allow persons under the age of majority to access any content listed above or to view half-naked/nude Application users.
2.9.2. You will immediately notify the Application Administration regarding a violator by clicking on the 'Complaint' button and break off any relationship with the violator.
2.10. You agree that you will not allow minors to use the Application and will not allow minors to communicate through the Application, or perform any other actions, which can be done through the use of the Application.
2.11. You represent and warrant that you will not use the Application in places, countries or regions where such action could be considered a violation of any law, regulation, rule, resolution, decree or custom at a given instant or in future.
2.12. You represent and warrant that you will not record any personal conversations and other confidential information and upload it to the Internet and/or disclose it in any other way if it is unrelated to the commission of a crime of any severity.
2.13. You represent and warrant that you will not use and/or view the content listed in paragraph 1.3.3 of this Agreement.
2.14. You acknowledge that you understand and realize that the Company does not legalize the half-naked or nude appearance of Application users, as well as access, view, download, copy, receipt, transmission, broadcasting or other use of content listed in paragraph 1.3.3 of this Agreement, by any persons, including you.
2.15. You agree not to file claims or lawsuits, which can arise because of the use of the Application, to the Company, including its officers and employees.

3. Avatars

3.1. Avatar images
3.1.1. Each Application user may use a photo in which (s)he is shown as his/her Avatar (hereinafter the Avatar Image).
3.1.2. Upon registering an Application user, an Avatar Image of an user is automatically generated in the form of his/her photo. This means that upon registering you as an Application user, the system takes a picture of yours using your web cam and places a photo in your profile as an Avatar Image.
An Avatar Image can be changed at any time.
3.2. Video Avatar
3.2.1. Each Application user may record and place a video greeting (hereinafter video Avatar) on his/her Profile.
3.2.2. Video Avatar shall be recorded in full accordance with 8.1, 8.2 and 9.6 of this Agreement.
3.2.3. Video Avatar shall meet the following requirements:
- Duration - less than three minutes;
- The image must be sharp and clear;
- An User presenting a video greeting should make sure that his/her face is in the center of the frame ensuring a close-up video image.
3.3. An Avatar Image and Video Avatar as a whole and each of their comprising elements must not infringe the copyrights, trademark rights, individualization means and/or rights to intellectual property objects owned by third parties.
3.4. It is forbidden to take pictures or shoot video of any objects, animals and/or other people except for an User himself/herself, for the purposes of an Avatar Image and Video Avatar.
3.5. An User is not allowed to be photographed/filmed half-naked/nude for the purposes of an Avatar Image and Video Avatar.
3.6. If Video Avatar is erotic by nature, R18 Label shall be affixed to it and view and access such erotic images and Content shall be granted to those confirming their consent to view erotic Video Avatars.
Video Avatar of a pornographic nature will be deleted from the Application without notifying in advance the user who has uploaded such Video Avatar.
3.7. By placing an Avatar Image or Video Avatar (hereinafter the Content) on your profile, you automatically grant the Company a royalty–free, nonexclusive right to use the Content throughout the world, by copying, via public performance, reproduction, processing, translation and distribution for Application or related purposes, including Application promotion purposes.
3.8. By placing the Content on your profile, you agree that the Company has the right to handle the Content in its sole discretion for marketing, advertising, and other legitimate business and/or non-commercial purposes without indicating your name/pseudonym and without monetary or other compensation to you and/or your representatives.
3.9. For the purposes specified in paragraph 3.8 of this Agreement, the Company may make derivative works or use the user's Content as a part of relevant collections, videos, take other actions to further contribute to the achievement of the abovementioned goals.
3.10. By placing the Content on your profile, you agree that the Content placed by you on your profile will be available for Application users and all users of the Internet through compilation of the whole Content and / or parts of it by various technical means within the Application and/or on different resources (via the mailing list, RSS-compilation, screensaver, placement in social networks, etc.).
3.11. You represent and warrant that you will not make any claim against the Company, including officers and employees of the Company, and that you will not file a claim against the Company and/or present requirements for using your or someone else's Content by the Company.
3.12. The user has the right to remove his/her Content from the Application, at any time.
3.12.1. Application Administration may retain and use back-up copies of an user Content for an indefinite period of time, even if the user has deleted the Content.
3.12.2. Application Administration does not check whether an user has removed its Content or not. If you do not want the Company to continue usage of the material removed by you for the purposes to serve the Company's goals, you should contact the Application Administration via the feedback form with a request to stop using the material removed by you.
Application Administration may remove the Content from the resources to which it maintains access. You understand and acknowledge that, notwithstanding the express prohibition contained within the paragraph 8.2 of this Agreement, the Content posted by you on your profile may be copied and used by any Internet user.
3.13. The company has the right to refuse any user Content for any reason, without any explanation.

4. Monitoring

4.1. In order to avoid violations of the provisions stipulated under this Agreement the Application automatically monitors the images transmitted via video camera of the users every 2 minutes.

5. Payments / Refunds / Termination of service delivery

5.1. You must have a sufficient account balance in order to get access to and use some parts of the Application. The Company does not guarantee that your available account balance will allow you to get full access to the Application and you agree that the Company does not accept any liability for such unavailability or for changing the amount of funds required to get access to the Application.
5.2. Settlement Currency Unit for the Application - coin (hereinafter referred to as "Coin").
5.3. There are several ways to replenish the account. The ways of replenishment of the account can be changed. You agree that the Company is not liable to you for changing the way replenishment.
The minimum amount of money you can replenish your Application account by, shall be determined according to the chosen depositing method and may be subject to change from time to time. You agree that the Company shall not be liable to you or other Application users for either any modification of depositing methods, or any changes in the minimum amount of money to be deposited into the Application account.
The funds deposited to your Application account cannot be refunded.
5.4. The Application service fee is 0.5 Coin per day. With a balance of less than 0.5 Coin the amount currently available on your balance will be deducted from your account. The deficient amount will not be deducted after the next balance replenishment.
5.5. Application users have the right to give compliments to each other, which involves buying a virtual Gift (hereinafter the Gift) to another user.
5.5.1. By clicking on "Compliment" you will be offered several gifts to choose from, each of them having a certain value. The value of the gifts increases in proportion to an increase in the number of gifts.
5.5.2. A gift can only be purchased for another user. An user is not allowed to buy a gift for himself/herself.
5.6. Upon purchase of a Gift your account will be charged against the number of coins constituting the total Gift amount.
Purchasing a Gift for another User is the final procedure, money spent on coins is non-refundable.
5.7. If you face any technical difficulties when purchasing a Gift and you are unable to resolve these difficulties despite all your efforts, you should contact our Customer Support and report the nature of the difficulties encountered.
5.8. The Company's policy does not provide a refund if the Application user's account is blocked.
5.9. If you disagree with the amount deducted from your credit card you agree to contact to the Application Administration before you contact the credit card issuer company to cancel the payment (chargeback). You agree to contact us by filling out this feedback form and specify the reason you go against the amount deducted from your credit card. Application Administration will review your claim within 24 hours and refund the disputed amount to your credit card if your claim is considered valid. The chargeback (if your claim is approved) may take up to twenty (20) business days.
5.10. If you have any questions related to your account balance replenishment or if you disagree with the amount deducted from your account, you can contact the Application Administration by filling out this feedback form. Message subject line should necessarily indicate the nature of your problem.
5.11. The Application Administration may immediately cease providing all services to an Application user and reject all other obligations to him/her if the Application user or any other third party, which is directly or indirectly associated with the Application user, performs any alleged or actual fraudulent or other unlawful acts, as well as any other actions that Application Administration or any Application user considers objectionable. Any suspected fraudulent or criminal acts can be immediately reported to the relevant State authorities.
5.12. The violation of any paragraph of this Agreement may lead to termination of user's rights to access or use the Application, including the cancellation of registration, subscriptions, accounts, passwords required for the access to the Application, as well as the loss of all Coins.
5.13. In the event of breach of any paragraph of this Agreement the Application user may be banned forever. All the Credits deposited to the Application user's balance will not be charged back regardless of their amount in case if the user was banned for violation of any paragraph of this Agreement.
5.14. The Application Administration reserves the right to terminate the user's access to the Application without any further explanation.
5.15. The Application Administration may cancel the users' registration by sending a notice to the email address specified in the user's profile.

6. Security

6.1. You acknowledge and agree that you are personally responsible for:
6.1.1. The security of the device you use to connect to the Internet.
6.1.2. The secure storage of your passwords and account information.
6.2. You acknowledge and agree that neither the Company nor the Application users, nor any other third party shall be liable for the losses incurred by you because of your negligent attitude to the safety of the device you use to connect to the Internet, or because you have disclosed/entrusted the information about your password or account to other persons or stored it improperly.

7. Application materials usage Policy

7.1. This Application is intended solely for personal use of individual registered users.
7.1.1. Any commercial, non-commercial and/or other usage of the Application and Application content is strictly prohibited.
7.2. Organizations and any other social entities are not eligible to register as Application users or use the Application for any purpose.
7.3. Illegal and/or unauthorized use of the Application, including the unauthorized Application frame positioning or links posting, as well as unsolicited commercial messages sent in bulk, are subject to investigation and further appropriate legal action, including but not limited to the proceedings and protective measures.
7.4. The Application Administration has the right to take reasonable measures to prevent sending the unsolicited messages to registered Application users.

8. Copyright Protection

8.1. The Application contains copyrighted material, trademarks and other proprietary information protected by exclusive rights. You may not copy, modify, publish, transmit, distribute, perform, display or sell such information, unless you have been given permission to do so.
8.2. Application users have no right to copy or republish, post, transmit or distribute in any way any copyrighted material, trademarks or other information protected by exclusive rights, without the prior written permission of the owner or without lawful grounds, including the "fair use", the abovementioned also applies to the Content of other Users of the Application.
8.3. Application administration does not carry out pretesting of materials to determine whether these materials violate or infringe, in any way, the copyright and / or other rights and interests of others or not, and takes action to protect the rights and interests of physical and legal persons only upon a claim being made to the Application Administration, in the prescribed manner, by a person claiming violations of his/her/its rights.
8.4. The Company, its officers and employees of the Company, are not liable for any illegal use of any material, being subject to any intellectual property rights of third parties, by the Application users.

9. Application content

9.1. By this Agreement, the Company hereby claims immunity from any liability, provided by the legislation and the Communications Decency Act regarding the information provided by third parties and registered parties, nothing in this Agreement shall in any way imply a denial, revocation or cancellation of such immunity.
9.2. You understand and agree that the Application Administration has the right to remove any information (hereinafter referred to as "Information"), which, in the reasonable opinion of the Application Administration, violates the terms of this Agreement, or may be offensive, illegal or may violate copyright, harm or threaten the Application security, as well as its staff, independent contractors, performers and/or its registered users. A partial list of Information is provided for examination in paragraph 9.6 of this Agreement.
9.3. You are solely responsible for the Information that you send to other registered Application users.
9.4. By posting the Information to the Application's public areas, you automatically transfer its ownership, while claiming and ensuring that you yourself have the right to perform such a transfer of ownership to the Badanga Ltd. and to the registered users of the Application.
You acknowledge that you have the unconditional, perpetual, nonexclusive, fully paid global license to use, copy, reproduce, display and distribute Information and the right to publish it, as well as prepare derivative works or insert such information in other works and/or media, and you also pass and entrust the sublicenses of the above.
9.5. The Company will investigate and take appropriate legal action in its sole discretion against anyone who violates this Agreement. The Application Administration has the right to delete any Application and/or support service offensive correspondence, as well as block the violators and prohibit the registration/re-registration of users who were involved in offensive correspondence.
9.6. A partial list of Information that is unlawful or prohibited by this Application is described further. The list includes Information that is patently offensive to the Internet community, namely:
- the one that promotes racism, bigotry, hatred or physical violence of any kind against any person or group;
- the one that pursues or justifies the persecution of another person or an invasion of privacy;
- any doubtful correspondence, chain letters, unauthorized promotional materials or "spam";
- the one that knowingly provides the false and misleading information or promotes the obscene, threatening, defamatory or indecent behavior;
- the one that promotes illegal or unauthorized copy of some content created by another person and protected by copyright, namely, provides pirated computer software or links to it, as well as information on how to hack the devices for copy protection established by the manufacturer, or provides pirated media content or links to files with such media content;
- the one that contains pages with restricted access or password protected pages or hidden pages and images (those not linked to another accessible pages);
- the one that demonstrates a pornographic or sexual, commercial and noncommercial content;
- the one that demonstrates the content of a sexual or violent exploitation of persons under 18 years or requests any personal information of such persons;
- the one that contains foul words, profanity, false information about sex, information about incest, rape, necrophilia, as well as any personal data of another registered user and threat of suicide or harm oneself or others, promiscuity;
- the one that provides instructional information on illegal activities such as manufacturing or buying illegal weapons, drugs, invading someone's privacy, etc.;
- the one that propagates or creates computer viruses;
- the one that requests passwords or any personal information of other users for commercial or unlawful purposes;
- the one that spreads advertisements in chat rooms and private text messages;
- the one that involves any commercial activities, including contests, sweepstakes, exchange, advertising and pyramid schemes without prior written consent of the Application Administration.

10. Users disputes

10.1. The Application Administration does not provide a control mechanism over information, which users provide to each other by means of the Application. Information provided by other users may be offensive, defamatory, inaccurate or misleading. You must be cautious, take common sense precautions when using the Application. You are solely responsible for your relationships with other Application users.
10.2. You agree that if there arises a dispute between you and one or more Application users you will not demand or make a claim to the Company, including its officers and employees of the Company, to pay for any damages (actual or consequential, known or unknown, suspected or unsuspected, disclosed or undisclosed, caused by or connected with such disputes in some way).
10.3. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
10.4. The Application Administration reserves the right, but not the obligation, to control the disputes between Application users.

11. Disclamation / Limitation of Liability

11.1. The Company, including its officers and employees, shall not be liable for incorrect or inaccurate information specified by the Application users or the one related to the Application services, irrespective of whether that mistake or inaccuracy was caused by a user, hardware or software associated with the Application services or the Application used services, as well as for any Application users' behavior either online or offline.
11.2. The Company, including its officers and employees, shall not be liable for any errors, omissions, delays, removals, operation or transmission delays, data transmission line faults, thefts, destruction, change or unauthorized access to the users' messages.
11.3. The Company, including its officers and employees, shall not be liable for failure or technical malfunction of telephone lines, computer systems, operational data processing, servers or Internet service providers, computer equipment, software, failure of email delivery or failure of media players, caused by technical problems or overload of the Internet or any website or the simultaneous presence of several of these factors, including injury or damage caused to users or other persons or computers, happening due to or in connection with participation in the Application and Application services usage.
11.4. Under no circumstances shall the Company be liable for any loss or damage caused to the user due to the Application usage and/or any data transferred between Application users.
11.5. Company explicitly exempts itself from the compensation of any damage/loss, which Application users can incur from or cause to each other. The Company cannot guarantee and does not guarantee any specific results expected by users due to the use of the Application.
11.6. The Company is not responsible for any loss of data, income, business or any profits (whether direct or indirect) Application users may incur;
11.7. The Company is not responsible neither for any loss or damage you incur due to the presence of any commercial web-applications and/or any other web-applications of third parties, and also due to your expectations and perception of any advertisement, products, services or content and materials offered by such third parties web-applications, nor for any transactions you have performed with suppliers of goods and services.
11.8. The Company has no relation to Internet resources, which have the Application installed on them, and under no circumstances shall be liable for the use of Application, installed on these resources, by users of the Application and/or other individuals.
11.9. Under no circumstances shall the Company be liable to users or any third party for any indirect, consequential, typical, incidental, special or punitive damages, including any profit loss arising from the use of the Application.
11.10. In no event, which is listed in paragraph 9 of this Agreement, shall the Company be liable for the possibility of damage or loss, no matter whether the Company, including its shareholders, subsidiaries, associated companies, affiliates, officers, agents, co-branding and other partners and employees, had been notified about the possibility of damage or loss or not.

12. Privacy Policy

12.1. Except as provided by law, the Company undertakes not to sell, not to provide for the use and not to trade or distribute your personal information and/or the traffic data or correspondence to third parties without your explicit agreement.
12.2. More information about the Company's Privacy Policy are available on the Internet at: http://chatory.com/privacypolicy.htm

13. Liability of the Company

13.1. In case of incurrence of any authorized claims, expressed for any reason and regardless of their express form, the Company's liability to users is limited (if any) to the amount paid by the Application user for the Application services use.
13.2. The Company, its officers and employees shall not be liable for any loss or damage incurred by the Application users or any third parties, due to the action (or inaction) of another Application user or any third parties associated with the Application user.

14. Dispute Resolution/Repayment

14.1. When a dispute arises between the Company and the user, the Parties must make all efforts to resolve the dispute peacefully without resorting to litigation.
14.2. If settling the dispute through negotiation is impossible, the case will be handled by a judicial authority of the Republic of Cyprus in accordance with the laws of the Republic of Cyprus.