Instant ‘Chime’ Software Terms of Use

Last updated: May 2020


You understand that all information, data, text, software, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Chime, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. Chime does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Chime be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss, theft, or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service.

You agree not to use Chime to:

Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

• Send content to threaten users or agents in any way;

• Impersonate any person, business or entity, including Chime and its employees and agents;

• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

• Upload, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

• Violate or infringe the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;

• Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

• Intentionally or unintentionally violate any applicable local, state, national or international law;

• Victimize, harass, degrade, or intimidate an individual or group of individuals on-the-basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

• Collect or store personal data about other users in connection with the prohibited conduct and activities.

• Encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;

• Interfere with the use of Chime by others.


You acknowledge, consent and agree that Chime may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use ; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Chime , its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

YOUR REGISTRATION OBLIGATIONS

In consideration of your use of Chime, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the country in which you reside or other applicable jurisdiction.

NO DUTY TO MONITOR

You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content.

INDEMNITY

Upon a request by us, you agree to defend, indemnify, and hold harmless us and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of Chime.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

TERMINATION

Your right to use Chat Software automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with Chime. We also reserve the right, in our sole discretion, to terminate your access to all or part of Chime, for any reason, with or without notice.

SEVERABILITY AND INTEGRATION

This contract and any supplemental terms, policies, rules and guidelines posted on Chime constitute the entire agreement between you and us. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

PRIVACY POLICY

Privacy Policy explains the practices that apply to your information when you use Chime. Your ongoing use of Chime signifies your consent to the information practices disclosed in our Privacy Policy. You can review our Privacy Policy for Chime.