Your Acceptance
This is an agreement between Blyther Investments Limited, a Cypriot company (“Blyther"), the owner and operator of www.blyther.com (the “C4 Chat Site”), the C4 Chat software (collectively, including all content provided by C4 Chat through C4 Chat software and the C4 Chat Site, the "C4 Chat Service", or the "Service"), and you (“you” or “your”), a user of the Service, and not with Apple Inc. (“Apple”). BY USING THE SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, AND C4 CHAT’S PRIVACY POLICY, WHICH CAN BE FOUND AT blyther.com/privacypolicy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.
Acknowledgement: You and the end-user must acknowledge that the EULA is concluded between You and the end-user only, and not with Apple, and You, not Apple, are solely responsible for the Licensed Application and the content thereof. The EULA may not provide for usage rules for Licensed Applications that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the App Store Terms of Service as of the Effective Date (which You acknowledge You have had the opportunity to review).
C4 Chat Service
These Terms and Conditions apply to all users of the C4 Chat Service. C4 Chat, and not Apple, is solely responsible for the Service and the content thereof, however, information provided by our users through the C4 Chat Service may contain links to third party websites that are not owned or controlled by C4 Chat. Neither C4 Chat nor Apple has control over, and therefore assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Additionally, neither C4 Chat nor Apple can censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that C4 Chat and Apple shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
Grant of License
The C4 Chat Service and accompanying documentation is licensed and not sold. This Service is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Blyther, or its subsidiaries, affiliates, and suppliers, own intellectual property rights in the Service. Your license to download, use, copy, or change the Service is subject to these rights and to all the terms and conditions of these Terms and Conditions.
Subject to your compliance with these Terms and Conditions, C4 Chat hereby grants you a license to use the Service, provided that: your use of the Service as permitted is solely for your personal use on any iPhone or Apple device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. You are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms and Conditions. This agreement entitles you to install and use one copy of the C4 Chat software.
Intellectual Property Rights
The design of the C4 Chat Service along with C4 Chat created text, scripts, graphics, interactive features and the like, except Status Submissions (as defined below), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to C4 Chat, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. C4 Chat and you acknowledge that in the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, C4 Chat, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Restrictions on Transfer
Without first obtaining the express written consent of C4 Chat, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Service.
Restrictions on Use
You may not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without C4 Chat's prior written authorization; you may not attempt to reverse engineer, alter or modify any part of the Service; and you must otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.
This agreement does not permit the installation or use of multiple copies of the software, or the installation of the software on more than one device at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. For further information regarding multiple copy licensing of the Software Product, please contact Blyther at +357-22-360000.
You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Service.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the C4 Chat servers in a given period of time than a human can reasonably produce in the same period by using a C4 Chat application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, C4 Chat grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. C4 Chat reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by C4 Chat clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
Restrictions on Alteration
You may not modify the Service or create any derivative work of the Service or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Service. You may not reproduce the database portion or create any tables or reports relating to the database portion.
Restrictions on Copying
You may not copy any part of the Service except to the extent that licensed use inherently demands the creation of a temporary copy stored in device memory and not permanently affixed on storage medium.
C4 Chat Access
In order to access and use the features of the Service, you acknowledge and agree that you will have to provide C4 Chat with your C4 credentials. When providing your C4 credentials, you must provide accurate and complete information. We do not collect names, addresses or email addresses, just C4 credentials. You must notify C4 Chat immediately of any breach of security or unauthorized use of your mobile phone. Although C4 Chat will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of C4 Chat or others due to such unauthorized use.
Product Claims
C4 Chat and you, not Apple, are responsible for addressing any claims you or any third party may have relating to the Service or your possession and/or use of the Service, including, but not limited to any product liability claims, claims that the Service fails to conform to any applicable legal or regulatory requirement, and claims arising under any consumer protection-like legislation.
Limited Software Product Warranty
For a period of 30 days from the date you download the Service, C4 Chat warrants that when properly installed and used under normal conditions, the Service will perform substantially as advertised. In case of a breach of the Limited Warranty, your exclusive remedy is as follows: Upon proof of purchase (You can obtain a step-by-step explanation of this procedure, including a return authorization code, by contacting C4 Chat at (CONTACT INFORMATION) At its option, C4 Chat will either send you a replacement copy of the Service, at C4 Chat’s expense, or issue a full refund. Additionally, in the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is the responsibility of C4 Chat, exclusively.
Warranty Disclaimer
Notwithstanding the foregoing, UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY C4 CHAT, C4 CHAT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SERVICE.
YOU AGREE THAT YOUR USE OF THE C4 Chat SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, C4 CHAT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. If the law does not allow disclaimer of implied warranties, then any implied warranty is limited to 30 days after delivery of the Service to you. You have specific legal rights pursuant to this warranty and, depending on your jurisdiction, may have additional rights. C4 CHAT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE C4 CHAT SERVICE. C4 CHAT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE C4 CHAT SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND C4 CHAT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL C4 CHAT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ASSIGNS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA C4 CHAT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT C4 CHAT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTYAND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by C4 Chat from its facilities in the United States of America. C4 Chat makes no representations that the C4 Chat Service is appropriate or available for use in other locations. Those who access or use the C4 Chat Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnity
You agree to defend, indemnify and hold harmless C4 Chat, its parent corporation, officers, directors, employees, agents and assignees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the C4 Chat Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the C4 Chat Service.
Legal Compliance
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Cyprus, without regard to Cypriot conflict or choice of law provisions.
Severability
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
The Service is controlled and offered by C4 Chat from its facilities in the United States of America. C4 Chat makes no representations that the C4 Chat Service is appropriate or available for use in other locations. Those who access or use the C4 Chat Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Ability to Accept Terms of Service
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the C4 Chat Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the C4 Chat Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. C4 Chat is the developer of the Service.
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by C4 Chat without restriction.
General
You agree that: (i) the C4 Chat Service shall be deemed solely based in the United States; (ii) the C4 Chat Service shall be deemed a passive server that does not give rise to personal jurisdiction over C4 Chat, either specific or general, in jurisdictions other than United States; and (iii) that you agree to subject to the jurisdiction of the United States in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. These Terms of Service, together with the Privacy Policy and any other legal notices published by C4 Chat, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and C4 Chat concerning the C4 Chat Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and C4 Chat's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. C4 Chat reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the C4 Chat Service. Your continued use of the C4 Chat Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND C4 Chat AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE C4 Chat SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Please direct all inquiries to the Developer/Owner of C4 Chat, Blyther Investments Limited, at:
Tel: +357-22-360000
Fax: +357-22-670670
Web: http://www.triantafyllides.com