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 BeneChat 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 https://benechat.com/terms.html. The most current version of this Agreement will be available on the Internet at: https://benechat.com/terms.html.
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 send you spam or visual images of any kind and/or descriptions of nudity, verbal and written descriptions and/or audio-video content of frankly erotic/pornographic nature INVOLVING THE MINORS, you will immediately notify the Application Administration regarding the above mentioned by clicking on the “Abuse” button and break off any relationship with this User.
1.4. The Application Administration and Company representatives are allowed to send messages and use the e-mail that you have specified in your Application Private office for personal correspondence as well as for marketing purposes.
1.5. The Application and all its services are provided “AS-IS”, without any warranty of any kind, either director implied. The Company disclaims all warranties either direct 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 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.
You agree to inform the Company if you somehow get the information concerning the cyber criminals to prepare attack against the Application.
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 filtering 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 go half-naked or nude in front of the camera, expose 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”).
2.9. 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 Application.
2.19. You represent and warrant that you will not use the Application in places, countries or regions where such action could be considered as a violation of any law, regulation, rule, resolution, decree or custom at a given instant or in future.
2.11. 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.
2.12. You represent and warrant that you will not use and/or view the content listed in paragraph 1.3.3 of this Agreement.
2.13. You acknowledge that you understand and realize that the Company, including its officers and employees, 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 person, including you.
2.14. 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.
2.15. In order to avoid violations of the provisions stipulated under this Agreement the Application automatically monitors video and image transmitted between users. Screenshots can be used as evidence that the service was used by the user in case a dispute arises between the Administration and the User.
3. Chat Rules
3.1. By turning your camera on you confirm that you are 18 years old or older and that you are an adult according to your country’s law.
3.2. Minors are STRICTLY PROHIBITED from using the Chat. Chat Users are STRICTLY PROHIBITED to broadcast any kind of porn and (or) erotic, Photo or Video content involving the minors.
3.3. IN CASE YOU ARE A MINOR, OR IF YOU BROADCAST ANY KIND OF PORN AND (OR) EROTIC, PHOTO OR VIDEO CONTENT INVOLVING THE MINORS, YOUR PERSONAL DATA WILL BE TRANSFERRED TO THE RELEVANT AUTHORITIES FOR FURTHER PROCESSING ACCORDING TO THE INTERNATIONAL LAWS AGAINST CHILD PORNOGRAPHY.
3.4. In case the Chat Administration has any reasonable grounds for suspecting that you are an underaged person, you will be requested to provide a proof of age. If the Chat Administration has requested you to provide proof of age, you are OBLIGED to provide all the necessary information and documents to verify your age. In case you don’t provide all the necessary information your account will be blocked permanently.
3.5. You are required to aim the camera at the face. Your face should be visible close-up. It is STRICTLY PROHIBITED to use screenshots or your video camera to broadcast photo-video content, even if it is you yourself who features in that photo-video.
3.6. It is STRICTLY PROHIBITED in the video chat to demonstrate genitals or use your video camera to broadcast photo-video content of an erotic/pornographic nature, even if it is you yourself who features in that photo-video.
3.7. In case you are caught in violation of paragraphs 2.8, 3.6 and 3.7 of this Agreement, your account will be banned. The ban period is determined by the Application Administration.
3.8. Please note that Chat Administration doesn’t monitor or keep track of the User chat conversations. You are to understand that some Chat Users may exhibit abusive behaviour and expose their genitals on the camera. You absolutely forbidden to use the Chat if you think that this kind of behaviour can lead to your nervous or mental disorder, or insult your religious beliefs. If you, despite of all the prohibitions, continue using the Chat, you agree to take all the risks of communication and all the responsibility for communication and confirm that you understand that there may be a male or a female on the other side, exposing genitals, broadcasting any kind of erotic and (or) porn, Photo or Video content, and exhibit behaviour that you may consider abusive.
4.1. You acknowledge and agree that you are personally responsible for:
4.1.1. The security of the device you use to connect to the Internet.
4.1.2. The secure storage of your passwords and account information.
4.2. 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.
5. Application materials usage Policy
5.1. This Application is intended solely for personal use of individual registered users.
5.1.1. Any commercial, non-commercial and/or other usage of the Application and Application content is strictly prohibited.
5.2. Organizations and any other social entities are not eligible to register as Application users or use the Application for any purpose.
5.3. 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.
5.4. The Application Administration reserves the right to take reasonable measures to prevent sending the unsolicited messages to registered Application users.
6. Copyright Protection
6.1. 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.
6.2. Application users shall not be entitled to copy and publish, distribute or in any other way reproduce any copyrighted material, trademarks, or other proprietary information protected by exclusive rights, without the prior written permission of the owner or the presence of legitimate reasons, including "fair use."
6.3. 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.
6.4. The Company, its officers and employees, are not liable for any illegal use of any material, which is being a subject to any intellectual property rights of third parties, by the Application users.
7. Application content
7.1. 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.
7.2. 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.
7.3. You are solely responsible for the Information that you send to other registered Application users.
7.4. 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 Company 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.
7.5. 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.
7.6. 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;
- pursues or justifies the persecution of another person or an invasion of privacy;
- fraud or deceiving users in order to obtain financial gain.
- provision of paid services without notifying the site administration.
- mass mailing of contact information or using it as a nickname, as well as uploading photo and video materials containing information of this kind.
- appears to be a 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;
- promotes illegal or unauthorized copy of content created by other 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;
- contains pages with restricted access or password protected pages or hidden pages and images (those not linked to another accessible pages);
- demonstrates a pornographic or sexual, commercial and noncommercial content;
- demonstrates the content of a sexual or violent exploitation of persons under 18 years or requests any personal information of such persons;
- 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;
- provides instructional information on illegal activities such as manufacturing or buying illegal weapons, drugs, invading someone's privacy, etc.;
- distributes or develops computer viruses;
- requests passwords or any personal information of other users for commercial or unlawful purposes;
- distributes advertisements in chat rooms and private text messages;
- involves any commercial activities, including contests, sweepstakes, exchange, advertising and pyramid schemes without prior written consent of the Application Administration.
8. User disputes
8.1. 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.
8.2. 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, 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).
8.3. 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."
8.4. The Company reserves the right, but not the obligation, to control the disputes between Application users.
8.5. In case the Application Administration receives a complaint backed with an evidence of one Application user blackmailing the other Application user, the blackmailer’s personal information will be immediately transferred to the appropriate authorities for further proceedings.
9. Disclamation / Limitation of Liability
9.1. 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.
9.2. 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.
9.3. 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.
9.4. Under no circumstances shall the Company, including its officers and employees, be liable for any loss or damage caused to the user due to the Application usage and/or any data transferred between Application users.
9.5. The Company, including its officers and employees, 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.
9.6. The Company, including its officers and employees, is not responsible for any loss of data, income, business or any profits (whether direct or indirect) Application users may incur;
9.7. The Company, including its officers and employees, 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.
9.8. The Company official website is benechat.com. The Company has no bearing to other Internet resources and websites that contain the Application 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.
9.9. Under no circumstances shall the Company, including its officers and employees, 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.
9.10. In no event, which is listed in paragraph 9 of this Agreement, shall the Company, including its officers and employees, 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.
9.11. The Company, including 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.
10. Privacy and Public Information
10.1. Except as provided by law and Clauses of the Agreement, the Company undertakes, without your express consent, not to sell, rent, exchange or otherwise transfer your personal data and/or traffic or chat data to third parties.
10.2. It is prohibited to use photos of third parties for the Avatar.
10.3. You understand and agree that the Avatar is public information. Your Avatar can be seen by any user regardless of whether he/she is a registered and unregistered Application user.
10.4. You understand and agree that the Avatar may be used by the Administration, if any dispute arises between the user and the Administration, and provided to the authorities proceeding the dispute as evidence of use of the service and to confirm that you are indeed the account owner.
11. Liability of the Company
11.1. In case if any eligible claim is filed, the Company's liability to the Application users is limited to the amount (if any available), which is equivalent to the amount of Minutes available at the user’s Application account balance at the moment of filing the claim. Minutes’s Value is calculated according to the method of payment that was selected by the user when purchasing the Minutes.
12. Dispute Resolution
12.1. In case any dispute arises between the Company and the user, the Company reserves the right to use as evidence of you using the service and provide to the authority proceeding the dispute the following information: your avatar; screenshots made by the system; your IP-address; your country, region and city; type of browser you are using.
12.2. When a dispute arises between the Company and a user, the Parties must make all efforts to resolve the dispute peacefully without resorting to litigation.
12.3. If settling the dispute through negotiation is impossible, the case will be handled by a judicial authority of the England and Wales in accordance with the English law.