JOKECHATMAKER END-USER LICENSE AGREEMENT
USER NOTICE:
THIS IS A CONTRACT. THIS END-USER LICENSE AGREEMENT IS A LEGALLY BINDING CONTRACT THAT SHOULD BE READ IN ITS ENTIRETY. IN THE END, YOU WILL BE ASKED TO ACCEPT THIS AGREEMENT AND CONTINUE TO INSTALL OR, IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, TO DECLINE THIS AGREEMENT, IN WHICH CASE YOU WILL NOT BE ABLE TO USE, INSTALL OR OPERATE THE PRODUCT, AS DEFINED BELOW. BY INSTALLING THIS SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS INSTALLATION PROCESS (WHICH MAY BE VIA A CD-ROM OR A WEB-BASED DOWNLOAD) PERMITS YOU TO INSTALL THE CURRENT VERSION OF THE SOFTWARE.
This Electronic End User License Agreement (the "Agreement") is a legal agreement between you (either an individual or an entity) (the "Licensee") and "LOGIC.COOL OÜ" (the "JOKECHATMAKER") regarding the Software and Service titled "JOKECHATMAKER Site" that you about to download, downloaded, or otherwise obtained through "JOKECHATMAKER" website(s) or other resources or media including without limitation through a network in object code form via websites, file sharing networks, P2P networks, file archives, FTP servers or other related services, including without limitation (a) all of the contents of the files in any media with which this Agreement is provided (the "Software"), (b) all successor upgrades, revisions, patches, enhancements, fixes modifications, copies, additions or maintenance releases of the Software, if any, including new builds of the same version or release, licensed to you by the "JOKECHATMAKER"(collectively, the "Updates"), provided that the Updates shall not include a new subsequent release of the Software bearing a new first numeral (e.g. 3.0 or 4.0) or a change in a decimal number (e.g. 3.8 or 3.9) ("New Releases"), and (c) related user documentation and explanatory materials or files provided in written, "online" or electronic form (the "Documentation" and together with the Software, the "Product").
You are subject to the terms and conditions of this End User License Agreement whether you access or obtain the Product directly from the "JOKECHATMAKER" or through any other source. For purposes hereof, "you" means the person installing or using the Product on his or her behalf.
For this Agreement, "JOKECHATMAKER Site" shall mean the Internet website maintained by or on behalf of "JOKECHATMAKER" from which the Software is available for download under a license from "JOKECHATMAKER." The "JOKECHATMAKER" Site is currently located at: "JOKECHATMAKER"
By accessing, downloading, storing, loading, installing, executing, displaying, copying the Product into the memory of a computer or otherwise benefiting from using the Product's functionality by the Documentation ("Operating"), you agree to be bound by the terms of this Agreement. If you do not agree to the terms and conditions of this Agreement, the "JOKECHATMAKER" is unwilling to license the Product to you. In such event, you may not Operate or use the Product in any way.
BEFORE YOU "CHECK" THE "I AGREE WITH TERMS AND CONDITIONS OF THIS AGREEMENT" CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU'RE PLACING A "CHECK" NEXT TO "I AGREE WITH TERMS AND CONDITIONS OF THIS AGREEMENT" IS A SYMBOL OF YOUR SIGNATURE AND BY "CHECKING" "I AGREE WITH TERMS AND CONDITIONS OF THIS AGREEMENT" YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLACE A "CHECK" NEXT TO THE "I DO NOT AGREE" AND THE SOFTWARE WILL NOT BE INSTALLED ON YOUR COMPUTER. This Product will not install on your computer unless or until you accept the terms of this Agreement. You may also receive a copy of this Agreement by contacting the "JOKECHATMAKER" at the contact form.
1. PROPRIETARY RIGHTS AND NON-DISCLOSURE.
1.1. Ownership Rights. You agree that the Product and the authorship, systems, ideas, methods of operation, Documentation, and other information contained in the Product are proprietary intellectual properties and the valuable trade secrets of the "JOKECHATMAKER" or its suppliers and "JOKECHATMAKER" and are protected by civil and criminal law, and by the law of copyright, trade secret, trademark and patent of the United States, other countries and international treaties. You may use trademarks only to identify printed output produced by the Product by accepted trademark practice, including identification of the trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. The "JOKECHATMAKER" and/or its suppliers own and retain all rights, title, and interest in and to the Product, including without limitations any error corrections, enhancements, or other modifications to the Software, whether made by the "JOKECHATMAKER" or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation, or use of the Product does not transfer to you any title to the intellectual property in the Product, and you will not acquire any rights to the Product except as expressly outlined in this Agreement. All copies of the Product made hereunder must contain the same proprietary notices that appear on and in the Product. Except as stated herein, this Agreement does not grant you any intellectual property rights in the Product, and you acknowledge that the License, as further defined herein, granted under this Agreement only provides you with a right of limited use under the terms and conditions of this Agreement. "JOKECHATMAKER" reserves all rights not expressly granted to you in this Agreement.
1.2. Source Code. You acknowledge that the source code for the Product is proprietary to the "JOKECHATMAKER" or its suppliers and/or "JOKECHATMAKER" and constitutes trade secrets of the "JOKECHATMAKER" or its suppliers and/or "JOKECHATMAKER." You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the Product's source code in any way.
1.3. Confidential Information. Unless otherwise explicitly provided herein, you agree that the Product, including the specific design and structure of individual programs and the Product, constitute confidential, proprietary information of the "JOKECHATMAKER" or its suppliers and "JOKECHATMAKER." You agree not to transfer, copy, disclose, provide, or otherwise make available such confidential information in any form to any third party. You agree to implement reasonable security measures to protect such personal information provided; however, you may make and distribute unlimited copies of the Product in object code only as long as each copy that you make and distribute contains this Agreement subject to the end user's acceptance before the first use, and the same copyright and other proprietary notices about the Product that appear in the Product. Suppose you download the Software from the Internet or a similar online source. In that case, you must include the copyright notices resident on the Software with any online distribution and on any media you distribute that consists of the Software.
1.4. No Modification. You agree not to modify or alter the Product in any way. You may not remove or alter any copyright or other proprietary notices on any Product copies.
1.5. Prohibited Uses. You agree that you will not:
- Engage in any act that "JOKECHATMAKER" deems in its reasonable discretion to conflict with the spirit or intended use of the products and related services;
- Make improper Use of "JOKECHATMAKER" Product;
- Use the Product, intentionally or unintentionally, in connection with any violation of any applicable law or regulation or do anything that promotes the violation of any applicable law or regulation;
- Institute, assist, or become involved in any attack, including without limitation distribution of a virus, denial of service attacks upon the Product, or other attempts to disrupt the related Service;
- Make available through the Service (as such terms described in applicable Terms of Service) any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a "JOKECHATMAKER" employee;
- Use, facilitate, create, or maintain any unauthorized connection with the Product, including without limitation (1) any connection to any unauthorized server that emulates or attempts to emulate any part of the Product; or (2) any connection using programs tools, or Software not expressly approved by "JOKECHATMAKER";
- Bundle the Product in whole or in part with any other products, applications, or extensions without "JOKECHATMAKER" prior explicit written approval and
- Distribute or otherwise disseminate the Product in whole or part apart from its installer application (i.e., "portable version").
2. GRANT OF LICENSE.
2.1. License. The "JOKECHATMAKER" grants you the non-exclusive and non-transferable License to store, load, install, execute, and display (to "Use") solely for Personal Use this Software and solely in connection with the Services described in detail at terms on any number of computers, workstations, personal digital assistants, 'smart phones,' mobile phones, hand-held devices, or other electronic devices for which the Software was designed (each a "Client Device") under the terms set forth hereto or all other applicable Documentation, including, without limitation Terms of Service: Terms and Privacy Policy: privacy policy ("License") and you at this moment agree and accept such License. For purposes hereof, "Personal Use" shall mean personal, noncommercial use and excludes any commercial purposes whatsoever, which include, without limitation, advertising marketing and promotional materials/services on behalf of an actual client, employer, employee, or for your benefit, any products that are commercially distributed, whether or not for a fee, any materials or services for sale or for which fees or charges are paid.
2.2. Updates. During the Term of this Agreement, you may occasionally receive automatic Updates to the Product. This Agreement does not obligate the "JOKECHATMAKER" to provide any Updates. Notwithstanding the preceding, any Updates you may receive become part of the Product, and the terms of this Agreement apply to them (unless this Agreement is superseded by a further agreement accompanying such Update or modified version of the Product).
2.3. Third Party Materials. While Operating and Using the Product, you may be using specific third-party Software and materials, including, without limitation, materials that are licensed under MPL License ("Third Party Materials"). Third-Party Materials are not under "JOKECHATMAKER" control and (ii) subject to the applicable licenses, privacy policies, and respective terms and conditions of such third parties, which you may need to enter into before or after the installation and use of the Third Party Materials.
2.4. Legal Purpose. You agree to use the Product and Services only for purposes permitted by this Agreement, applicable Terms of Service, and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions. "JOKECHATMAKER" IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE "JOKECHATMAKER" PRODUCT AND SERVICES DO NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Expressly, you agree and warrant that in using the Product and Services, your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside or (2) the country, state, or locality where "JOKECHATMAKER" is located or operates. This includes complying with applicable export and import restrictions and other restrictions.
2.5. Term and Termination. The term of this Agreement ("Term") shall begin when you download or install the Product (whichever is earlier) and shall continue, unless otherwise terminated pursuant hereto, in perpetuity or for the term specified in the License granted hereunder. The "JOKECHATMAKER" may terminate this Agreement by offering you a superseding Agreement for the Product or any replacement or modified version of the Product and conditioning your continued use of the Product or such replacement, modified or upgraded version or New Release on your acceptance of such superseding Agreement. This Agreement may also be terminated by the "JOKECHATMAKER" immediately and without notice if you fail to comply with any of your obligations or conditions of this Agreement. Without prejudice to any other rights, this Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must immediately cease use of the Product and destroy all copies of the Product.
2.6. No Rights Upon Termination. Upon termination of this Agreement, you will no longer be authorized to Operate or use the Product in any way.
2.7. Material Terms and Conditions. You expressly agree that each of the terms and conditions of this Section 2 are material. Your failure to comply with these terms and conditions shall constitute sufficient cause for "JOKECHATMAKER" to terminate this Agreement and the License granted immediately. The presence of this Section 2.7 shall not be relevant in determining the materiality of any other provision or breach of this Agreement by either party.
2.8. Statistics. You acknowledge and agree that "JOKECHATMAKER" may (i) collect, analyze and receive anonymous information about your computer, Services you used or searched for, websites you visited, and pages viewed to facilitate your Use of the Product and related Service; and (ii) import specific information from your Internet browser (e.g., Inertest Explorer or Chrome) such as bookmarks, plug-ins and settings to help "JOKECHATMAKER" to improve its offerings to you.
3. RESTRICTIONS.
3.1. No Transfers. Under no circumstances shall you sell, loan, rent, lease, loan, License, sublicense, publish, display, distribute, or otherwise transfer to a third party the Product, any copy or use thereof, in whole or in part, without "JOKECHATMAKER" prior written consent, provided that if such non-waivable right is expressly granted to you under applicable law in your jurisdiction you may transfer your rights under this Agreement permanently to another person or entity, provided that a) you also transfer this Agreement, the Product, all accompanying printed materials, and all other Software or hardware bundled or pre-installed with the Product, including all copies and prior versions, to such person or entity; b) retain no copies, including backups and copies stored on a Client Device; and c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Product. Notwithstanding the preceding, you may not transfer education, pre-release, or "not for resale" copies of the Product. In no case should you permit third parties to benefit from the use or functionality of the Product via a timesharing, service bureau, or other arrangement, except to the extent such use is specified in the application price list, purchase order, or product packaging for the Product.
3.2. Prohibitions. Except as otherwise explicitly provided for in this Agreement, you may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or otherwise reduce any party of the Product to human readable form or transfer the licensed Product, or any subset of the licensed Product, nor permit any third party to do so, except to the extent the preceding restriction is expressly prohibited by applicable law. Notwithstanding the prior sentence, decompiling the Software is permitted to the extent the laws of your jurisdiction give you the non-waivable right to do so to obtain information necessary to render the Software interoperable with other Software; provided, however, that you must first request such information from the "JOKECHATMAKER" and the "JOKECHATMAKER" may, in its discretion, either deliver such information to you (subject to confidentiality terms) or impose reasonable conditions, including a reasonable fee, on such use of the Software to ensure that the "JOKECHATMAKER" and its suppliers and "JOKECHATMAKER" proprietary rights in the Software are protected. You may not modify or create derivative works based upon the Product in whole or part. Any unauthorized use shall result in immediate and automatic termination of this Agreement and the License granted hereunder and may result in criminal and civil prosecution. Neither Product's binary code nor source may be used or reverse-engineered to re-create the program algorithm, which is proprietary, without written permission of the "JOKECHATMAKER." All rights not expressly granted here are reserved by "JOKECHATMAKER" and its suppliers and "JOKECHATMAKER," as applicable.
3.3. Proprietary Notices and Copies. You may not remove any proprietary notices or labels on the Product. You may not copy the Product except as expressly permitted in Section 2 above.
3.4. No Transfer of Rights. Except as otherwise explicitly provided herein, you may not transfer or assign any of the rights granted to you under this Agreement or any of your obligations pursuant hereto.
3.5. Compliance with Law. You agree that in Operating the Product and in using any report or information derived as a result of Operating this Product, you will comply with all applicable international, national, state, regional, and local laws and regulations, including, without limitation, privacy, copyright, export control, and obscenity law.
3.6. Indemnification. You agree to indemnify, defend, and hold harmless "JOKECHATMAKER" and its respective officers, directors, employees, agents, successors and assigns from any losses, liabilities, damages and claims, and all related expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest, and penalties) and expenses related to, arising from, or in connection with any third-party claim related to, arising from, or in connection with the actual or alleged: (i) infringement by Licensee of any third party intellectual property and/or proprietary right, including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy, (ii) personal injury (including death) or property damage due to the gross negligence or intentional misconduct of
Licensee, and/or (iii) breach by Licensee of any of its representations, warranties, obligations, and/or covenants set forth herein.
3.7. Additional Protection Measures. To prevent unlicensed use of the Product, the Software may install technological measures on your computer designed to prevent unlicensed use, and the "JOKECHATMAKER" may use this technology to confirm that you have a licensed copy of the Product. The "JOKECHATMAKER" will not collect personally identifiable information from your computer during this process.
4. NO WARRANTY AND DISCLAIMER.
4.1. NO IMPLIED OR OTHER WARRANTIES. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE PRODUCT IS PROVIDED "AS-IS" WITHOUT ANY WARRANTY WHATSOEVER AND THE "JOKECHATMAKER" MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, REGARDING OR RELATING TO THE PRODUCT OR CONTENT THEREIN OR ANY OTHER MATERIAL FURNISHED OR PROVIDED TO YOU UNDER THIS AGREEMENT OR OTHERWISE. YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR THE SELECTION OF THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. THE "JOKECHATMAKER" MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTION OR FAILURE OR THAT IT IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, "JOKECHATMAKER" DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE CONCERNING THE PRODUCT AND THE ACCOMPANYING WRITTEN MATERIALS OR THE USE THEREOF. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU AT THIS MOMENT ACKNOWLEDGE THAT THE PRODUCT MAY NOT BE OR BECOME AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED ACTS OF GOD, TECHNICAL FAILURE OF THE SOFTWARE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, AND ACTIONS AND OMISSIONS OF THIRD PARTIES. THEREFORE, THE "JOKECHATMAKER" EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SYSTEM AND SOFTWARE AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE. THE "JOKECHATMAKER" DISCLAIMS ANY AND ALL LIABILITY FOR THE LOSS OF DATA DURING ANY COMMUNICATIONS AND ANY LIABILITY ARISING FROM OR RELATED TO ANY FAILURE BY THE "JOKECHATMAKER" TO TRANSMIT ACCURATE OR COMPLETE INFORMATION TO YOU.
4.2. LIMITED LIABILITY; NO LIABILITY FOR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE PRODUCT AND THE INFORMATION CONTAINED IN OR COMPILED BY THE PRODUCT, AND THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY THE "JOKECHATMAKER" OR A THIRD PARTY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE "JOKECHATMAKER" OR ITS SUPPLIERS OR "JOKECHATMAKER" BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, OR THE INCOMPATIBILITY OF THE PRODUCT WITH ANY HARDWARE SOFTWARE OR USAGE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL "JOKECHATMAKER" TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THIS LIABILITY LIMITATION SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. YOUR INFORMATION AND THE JOKECHATMAKER'S PRIVACY POLICY.
5.1. Privacy Policy. You, at this moment, expressly consent to the "JOKECHATMAKER" processing of your data (which may be collected by the JOKECHATMAKER or its distributors) according to the "JOKECHATMAKER" current privacy policy as of the date of the effectiveness hereof, which is incorporated into this Agreement by reference (see privacy policy). By entering into this Agreement, you agree that the JOKECHATMAKER may collect and retain your information, including your name, email address, and credit card information. The "JOKECHATMAKER" employs other companies and individuals to perform functions on its behalf. Examples include fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. They can access personal information needed to perform their functions but may not use it for other purposes. The "JOKECHATMAKER" publishes a privacy policy on its website and may amend such policy occasionally at its sole discretion. It would be best to refer to the "JOKECHATMAKER" privacy policy before agreeing to this Agreement for a more detailed explanation of how your information will be stored and used by the "JOKECHATMAKER." If "you" are an organization, you will ensure that each member of your organization (including employees and contractors) about whom personal data may be provided to the "JOKECHATMAKER" has given their express consent to the "JOKECHATMAKER" processing of such personal data. Personal data will be processed by the "JOKECHATMAKER" or its distributors in the country where it was collected, possibly in the United States and Russian Federation. The laws of such jurisdictions regarding the processing of personal data may be less or more stringent than those in your jurisdiction.
6. MISCELLANEOUS.
6.1. Governing Law; Jurisdiction and Venue. This Agreement shall be governed by, construed, and enforced by the laws of the Commonwealth of Virginia without reference to conflicts of law rules and principles. To the extent permitted by law, the provisions of this Agreement shall supersede any provisions of the Uniform Commercial Code as adopted or made applicable to the Products in any competent jurisdiction. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed and excluded. The federal and state courts within the Commonwealth of Virginia shall have exclusive jurisdiction to adjudicate any dispute arising from this Agreement. You agree that this Agreement is to be performed in the Commonwealth of Virginia and that any action, dispute, controversy, or claim that may be instituted based on this Agreement, or arising out of or related to this Agreement or any alleged breach thereof, shall be prosecuted exclusively in the federal or state courts in of the Commonwealth of Virginia and you, to the extent permitted by applicable law, at this moment waive the right to change venue to any other state, county, district or jurisdiction; provided, however, that the "JOKECHATMAKER" as claimant shall be entitled to initiate proceedings in any court of competent jurisdiction.
6.2. Class action waiver. Any proceedings to resolve or litigate any dispute in any forum in connection with this Agreement shall be conducted individually. Neither you nor "JOKECHATMAKER" shall seek to have any dispute or controversy in connection with this Agreement heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Parties further agree that no arbitration or proceeding shall be combined with another arbitration or proceeding without the prior written consent of the other party.
6.3. Period for Bringing Actions. No action, regardless of form, arising out of the transactions under this Agreement may be brought by either party hereto more than one (1) year after the cause of action has occurred or was discovered to have occurred, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.
6.4. Entire Agreement; Severability; No Waiver. This Agreement is the entire Agreement between you. It supersedes any other prior agreements, proposals, communications, or advertising, oral or written, concerning the Product or the subject matter of this Agreement provided that the "JOKECHATMAKER" and you may limit, modify, or change the applicability of the terms of this Agreement by a prior, contemporaneous or subsequent written agreement by referencing this Section 6.4 of the Agreement and expressly providing for such limitation, modification or changes. You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms. Suppose a court of competent jurisdiction finds any provision of this Agreement to be invalid, void, or unenforceable for any reason, in whole or in part. In that case, such provision will be more narrowly construed so that it becomes legal and enforceable. The entire Agreement will not fail on account thereof, and the balance of the Agreement will continue in full force and effect to the fullest extent permitted by law. No waiver of any breach of any provisions of this Agreement will constitute a waiver of any prior, concurrent, or subsequent breach, and no waiver will be effective unless made in writing.
6.5. Contact Information. Should you have any questions concerning this Agreement, or if you desire to contact the "JOKECHATMAKER" for any reason, please get in touch with our Customer Department at contact form
Copyright © "JOKECHATMAKER" and its licensors. All rights are expressly reserved. The program and accompanying documentation are the copyrighted property of their respective owners and are protected by copyright laws and international intellectual property treaties. The "JOKECHATMAKER" name, logo, and all related product and service names, design marks, and slogans are the trademarks or registered trademarks of "JOKECHATMAKER." All other product and service marks contained herein are the trademarks of their respective owners. Any use of the "JOKECHATMAKER" or third parties' trademarks or logos without the prior written consent of "JOKECHATMAKER" or the applicable trademark owner is strictly prohibited.
LOGIC.COOL OÜ
- Contact: Denys Sokolov
- Email: [email protected]
- Address: Ida-Viru maakond, Narva linn, Suur tn 12-14, 20307
- Tel.: +380637228300 (WhatsApp)
- VAT: EE102088027