Terms of Service
Last updated: 01.11.2023
I. INTRODUCTION
1. General Information
These Terms of Service (“Terms”, “Agreement”) are a legally binding document that sets the terms and conditions for using our services. By accessing or using the LuckyCrush.chat website, currently located at LuckyCrush.chat (the "Site"), or any applications or other services offered or operated by LuckyCrush.chat ("Services", "LuckyCrush.chat", "we", "us", “our”), you confirm that you have read, comprehended, and given your consent to abide by these Terms. If you do not agree with these Terms, please refrain from accessing or using any of the Services.
While using our Services, you will also be subject to additional guidelines, policies, or rules established by LuckyCrush.chat. These may be posted on the Services or otherwise made available or disclosed to you (collectively, the "Rules"). All these guidelines, policies, and rules are considered an integral part of these Terms.
With the exception of any additional terms, conditions, policies, guidelines, or standards that may apply, this Agreement represents the entire agreement between you and LuckyCrush.chat concerning the subject matter herein. It supersedes any prior oral or written agreements or understandings between you and LuckyCrush.chat regarding the access to and use of the Services.
2. Use of the Services
The Services are restricted to individuals aged 18 and older. BY ACCESSING OR USING THE SERVICES, YOU AFFIRM AND GUARANTEE THAT YOU ARE AT LEAST 18 YEARS OLD. The Services are also not accessible or to be used by users who have previously been blocked or prohibited from accessing or using the Services.
3. License
For as long as you adhere to these Terms and all other relevant Rules, you are hereby granted a restricted, non-exclusive, non-sublicensable, revocable, non-transferable license for accessing and utilizing the Services exclusively for your personal, non-commercial purposes. No licenses or rights are conveyed to you implicitly or in any other way under any intellectual property rights owned or managed by LuckyCrush.chat or its licensors, except for the licenses and rights explicitly provided in these Terms.
4. Changes to the Services and the Terms
LuckyCrush.chat holds the right, at any point and at our sole discretion, to alter, adjust, suspend, or permanently terminate the Services, or any component thereof, with or without notice to you. In case of such modification, suspension, or termination of the Services or any part thereof, LuckyCrush.chat will bear no responsibility toward you, or any other individuals or entities.
LuckyCrush.chat also retains the right to revise these Terms whenever necessary, and it is advisable for you to regularly review these Terms. When we make modifications to these Terms, the updated version will be posted on the Services, and the "Last Updated" date at the beginning of these Terms will be changed accordingly. If you choose not to terminate this Agreement prior to the date when the revised Terms take effect, your continued accessing or using of the Services will be regarded as acceptance of the updated Terms.
II. USER OF THE SERVICE
1. User Content
The Service offers a platform for video, audio and text communication to facilitate user-to-user interactions on a free-of-charge basis. The users of the platform may upload, transmit, and otherwise make available the user-generated content, including but not limited to audios, videos, images, texts as well as any other content and materials within the Application. Although LuckyCrush.chat is not obligated to monitor these communication channels and the user-generated content, we may do so by means of automated services and features to ensure the provision of the Services as well as compliance with these Terms or any applicable laws.
You explicitly acknowledge that user-generated content, including text chats and video chats, is neither generated, endorsed, nor managed by LuckyCrush.chat. In no event shall LuckyCrush.chat be liable for any user-generated content or activities that take place within the Services. LuckyCrush.chat is not responsible for the information or content you opt to share within or through the Services, nor is it responsible for the content or actions of other Services users. LuckyCrush.chat does not maintain copies of any information or communications you choose to submit through the Services.
2. User Interactions
It's important to note that LuckyCrush.chat does not exercise control over the individuals you interact with.
You bear full responsibility for your interactions with other Services users and any other individuals you come into contact with via the Services. To the maximum extent allowed by applicable law, LuckyCrush.chat explicitly disclaims any and all liability to you or any third party related to your use of the Services. You acknowledge and agree that LuckyCrush.chat does not have any special relationship with you as an end user, and, therefore, LuckyCrush.chat does not owe you any duty to protect you from the actions of other users or third parties.
LuckyCrush.chat reserves the right to, at its sole discretion, terminate, suspend, or restrict your access to the Services at any time and without prior notice, for any reason.
III. PROHIBITED CONDUCT
It is your sole responsibility to ensure your compliance with all applicable laws, rules, and regulations that refer to your use of the Services. You commit to abiding by these Terms and refraining from, or assisting others in:
- Violating or circumventing applicable laws, regulations, third - party agreements, third - party rights, our Terms and Rules, or infringing upon the rights of others or pose a threat to anyone else.
- Promoting hatred, intolerance, any illegal activity or any form of physical or mental harm towards individuals or groups based on any specific characteristic or reason, including but not limited to sex, age, ethnicity, beliefs, social or cultural identity, etc.;
- Uploading, sharing, transmitting or otherwise making available any abusive, defamatory, derogatory, threatening, offensive, obscene, harassing, embarrassing, annoying, harmful, or pornographic material that may undermine the dignity of any individual;
- Employing the Services for any commercial or non - authorized purposes that might wrongly suggest LuckyCrush.chat's endorsement, affiliation, or any other type of partnership, or deceive others about your connection with LuckyCrush.chat.
- Engaging in licensing, selling, transferring, assigning, distributing, hosting, or otherwise commercially exploiting the Services as well as using the Services, including the LuckyCrush.chat name, trademarks, logos, or other proprietary information, in a manner that is not expressly permitted by LuckyCrush.chat.
- Taking actions that may harm or disrupt the performance or proper functioning of the Services.
- Reproducing, distributing, replicating, downloading, displaying, posting, or transmitting the Services( in part or in whole) in any form or by any means, unless explicitly allowed herein.
- Employing automated processes, such as robots, spiders, scrapers, or other tools, to access, collect data, or interact with the Services.
- Altering, creating derivative works from, decompiling, disassembling, reverse engineering, or attempting to decode any software utilized to deliver the Services.
Please note that these restrictions, as well as the Rules, or other components of the Terms, do not establish enforceable rights for users, either as third-party beneficiaries or through any other means. While LuckyCrush.chat is not obliged to enforce these restrictions, it reserves the right to do so when deemed necessary.
IV. THIRD PARTY
The Services may contain links to and advertisements of other websites, services, applications, or resources, and other websites or services may also link to the Services. Clicking on these links within the Service may redirect you to a third-party website or service. It's important to note that LuckyCrush.chat is not responsible for these third-party sites and does not warrant the goods, services, or offerings of any third party or the content of their websites or advertisements. Therefore, LuckyCrush.chat does not assume any liability or responsibility for the products, services, practices, availability, or content of such third parties.
If you have concerns or issues related to other websites and services, it's advisable to address them to the administrators of those specific sites and services.
This Agreement is not intended to confer any rights or remedies upon any person other than the parties who are bound by this Agreement.
V. COPYRIGHT
The Services, whether in their entirety or any part thereof, may be subject to protection under copyright, trademark, and other applicable laws.
You acknowledge and consent that the Services, inclusive of all related intellectual property rights, constitute the sole property of LuckyCrush.chat, its licensors, or its third-party partners with proper authorization. You are prohibited from eliminating, modifying, or concealing any copyright, trademark, service mark, or any other proprietary rights notices that are integrated into the Services.
All trademarks, service marks, logos, trade names, as well as any other means of identifying the source of LuckyCrush.chat, as used in connection with the Services (collectively, the "Marks"), are considered trademarks or registered trademarks held by LuckyCrush.chat.
Trademarks, service marks, logos, trade names, and any other proprietary designations originating from third parties and used within the Services are employed for the sole purpose of identification and may be the property of their respective owners. The utilization of any third-party trademark is intended solely to identify the owner of the trademark and their products or services, and should not be interpreted as implying any connection or association between the trademark owner and LuckyCrush.chat.
VI. RISKS, DISCLAIMERS, LIABILITIES, INDEMNIFICATION
1. Risks
You acknowledge and consent that when using the Services, including your interactions with other users, associated risks are possible, and by accessing and utilizing the Services, you voluntarily choose to assume these risks.
You agree to bear complete responsibility for your usage of the Services, including your interactions with other users. You knowingly, voluntarily, and freely assume all risks, both known and unknown, associated with accessing or using the Services, even if these risks arise from negligence or carelessness on the part of LuckyCrush.chat, third parties including other users of the Services, or defects in the Services.
2. Disclaimers of Warranties
LuckyCrush.chat offers the Services on an "as is," "as available," and "with all faults" basis, without providing any warranty of any kind. To the maximum extent permissible under applicable law, LuckyCrush.chat and its affiliates and licensors disclaim all warranties and conditions of any kind. These include, but are not limited to, warranties of title, implied warranties of non-infringement, merchantability, fitness and applicability for a particular purpose, and implied warranties arising from any specific reason.
No information or advice provided through the Services by LuckyCrush.chat or by LuckyCrush.chat's employees or agents shall establish any warranty. Please note that the exclusion of specific warranties is not allowed under some jurisdictions, so certain limitations and exclusions mentioned in these Terms may not apply to you.
Without limiting the foregoing, neither LuckyCrush.chat nor any of its affiliates, licensors, officers, directors, licensors, employees, or representatives represent or warrant that:
- The Services and the content within the Services will be accurate, truthful, complete, reliable, error-free, fit for your expectations or requirements, will always be available, accessible, timely, or secure;
- Any errors, failures or defects possible within the Services will be corrected;
- The Services will be free from viruses, worms, Trojan horses, or other harmful properties.
3. Limitation of Liability
LuckyCrush.chat holds no control over and explicitly disclaims any representations, warranties, or guarantees concerning the conduct and actions of other users of the Services. To the fullest extent allowed under applicable law, under no circumstances shall LuckyCrush.chat be responsible for any loss, damage, or injury resulting from the actions, conduct, or omissions of other users of the Services. You agree that you shall seek recourse against other users, rather than LuckyCrush.chat, regarding any claims or causes of action stemming from or related to the actions or conduct of other users of the Services.
You acknowledge and agree that, to the fullest extent permitted by law, the entire risk arising from your access to and usage of the Services remains with you.
Neither LuckyCrush.chat nor any other party involved in creating, producing, or delivering the Services shall be liable to you or any third party for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages. This includes lost profits, loss of data, loss of goodwill, service interruption or failure, hardware damage, the cost of substitute products or services, as well as any damages for personal or bodily injury or emotional distress in connection with:
- These Terms.
- The use of or inability to use the Services for any reason(including any damage caused by reliance on, or any delays, inaccuracies, errors, or omissions in the Services, whether provided by LuckyCrush.chat or third parties).
- Your communications, interactions with, or the conduct of, other users of the Services on any basis, whether on warranty, contract, tort, negligence, product liability, or any other legal basis, and whether or not LuckyCrush.chat has been informed of the possibility of such damage, even if a limited remedy as set forth herein is found to have failed in its essential purpose.
In no event will LuckyCrush.chat's liability arising from or in connection with any of the mentioned reasons exceed one hundred U.S. dollars (U.S. $100.00).
The limitations of liabilities set forth above are fundamental elements of this Agreement between LuckyCrush.chat and you. Please note that the exclusion or limitation of liability for damages are not allowed under some jurisdictions, so some of the above limitations and exclusions may not apply to you.
4. Indemnification
To the fullest extent permitted by applicable law, you agree to release, defend (at LuckyCrush.chat's option), indemnify, and hold LuckyCrush.chat and its affiliates, partners and associated parties harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney and accounting fees, connected in any way with:
- Your breach or alleged breach of these Terms, any other applicable policies of LuckyCrush.chat, or any laws, regulations, or third-party rights.
- Your use of the Services other than as stipulated by these Terms or Rules.
- Your interactions with other users of the Services, including any losses, or damages of any kind arising in connection with your interactions.
- Any information or materials you submit through the Services.
LuckyCrush.chat may assume exclusive control of any defense of any claims (which shall not excuse your obligation to indemnify LuckyCrush.chat), and you agree to fully cooperate with LuckyCrush.chat in such an event. You shall not settle any claims without prior written consent from LuckyCrush.chat.
VII. AGREEMENT
1. Termination
This Agreement will remain in full force and effect during your use of the Services in accordance with these Terms and any additional applicable Rules. However, LuckyCrush.chat reserves the right to terminate this Agreement at any time without notice if we believe that you have breached this Agreement or any provision of the Rules. Breaches include but are not limited to using the Services for non-personal use, engaging in prohibited activities, and any violation of your representations and warranties.
In the event of termination, all provisions of this Agreement that, by their nature, should survive termination will survive. These include but are not limited to ownership provisions, warranty disclaimers, assumptions of risks, indemnity, limitations of liability, and dispute resolution.
2. Applicability
In case LuckyCrush.chat decides not to enforce a particular provision of this Agreement at any given time for any reason, it does not imply a waiver of its right to enforce that provision in the future or to enforce any other provision within this Agreement.
In the event that any provision within this Agreement is deemed unenforceable for any reason, that specific provision will be modified to the extent necessary to make it enforceable. This determination will not impact the applicability of that provision in different situations or the validity of the remaining provisions within this Agreement under all circumstances, unless expressly specified otherwise in this Agreement.
VIII. DISPUTE RESOLUTION
Any disputes related to this Agreement will be resolved through binding arbitration instead of litigation in a court (except for claims within the court's jurisdiction). All claims or disputes, regardless of their nature or the remedies sought, are subject to arbitration.
IX. CONTACT INFORMATION
In case of any claims, complaints, questions or requests regarding this Agreement or the Services please contact us at [email protected].