Entire Agreement
This agreement and the Chat Room Rules constitutes the entire agreement between you and the
Company about your access to and use of the Website. It supersedes all earlier or contemporaneous
agreements between you and the Company about access to and use of the Website. A printed version of
this agreement will be admissible in any proceedings arising out of (or relating to) this agreement
to the same extent and subject to the same conditions as other business documents and records
originally generated and kept in printed form. Any additional rules or terms on the Website will
govern the items to which they pertain.
Changes
The Company may change this agreement on one or more occasions. The Company will try to post
changes on the Website at least 15 days before they become effective. Changes will become effective
on the “last updated” date stated at the top of this page.
Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes.
While the Company will try to notify you when the Company changes this agreement, the Company does
not assume an obligation to do so, and it is your responsibility to frequently check this page to
review the most current agreement.
By continuing to use the Website after the Company posts changes to this agreement, you agree to the revised agreement.
If you do not agree to the revised agreement, your exclusive remedy is to stop accessing the
Website. If you need more information about the changes or have any other questions or comments
about the changes, please contact the Company at [email protected].
C26.3 Assignment and Delegation
The Company may assign its rights or delegate any performance under this agreement without your
consent. You will not assign your rights or delegate your performance under this agreement without
the Company’s advanced written consent. Any attempted assignment of rights or delegation of
performance in breach of this section 26.3 is void.
Waivers
The parties may waive a provision in this agreement only by a writing signed by the party or
parties against whom the waiver is sought to be enforced. No failure or delay in exercising any
right or remedy, or in requiring the satisfaction of any condition, under this agreement, and no
act, omission, or course of dealing between the parties, operates as a waiver or estoppel of any
right, remedy, or condition. A waiver made in writing on one occasion is effective only in that
instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on
any future occasion or against any other person.
Severability
The parties intend as follows:
- that if any provision of this agreement is held to be
unenforceable, then that provision will be modified to the minimum extent necessary to make it
enforceable, unless that modification is not permitted by law, in which case that provision will
be disregarded;
- that if modifying or disregarding the unenforceable provision
would result in failure of an essential purpose of this agreement, the entire agreement will be
held unenforceable;
- that if an unenforceable provision is modified or disregarded
in accordance with this section 26.5, then the rest of the agreement will remain in effect as
written; and
- that any unenforceable provision will remain as written in any
circumstances other than those in which the provision is held to be unenforceable.
Notices
(a) Sending Notice to the Company
You may send notice to the Company by email at [email protected]
unless a specific email address is set out for giving notice. The Company will consider an email
notice received by the Company only when its server sends a return message to you acknowledging
receipt. The Company may change its contact information on one or more occasions by posting the
change on the Website. Please check the Website for the most current information for sending
notice to the Company.
Sending Notice to You—Electronic Notice
You consent to receiving any notice from the Company in electronic form either (1) by email to the last known email address the Company has for you or (2) by posting the notice on a place on the Website chosen for this purpose.
The Company will consider notices sent to you by email received when its email service shows
transmission to your email address. You state that any email address you gave the Company for
contacting you is a current and valid email address for receiving notice, and that your computer
has hardware and software configured to send and receive email through the Internet and to print
any email you receive.
Force Majeure
The Company is not responsible for any failure to perform if unforeseen circumstances or causes
beyond its reasonable control delays or continues to delay its performance, including:
- Acts of God, including fire, flood, earthquakes, hurricanes,
tropical storms, or other natural disasters;
- War, riot, arson, embargoes, acts of civil or military authority,
or terrorism;
- Fiber cuts;
- Strikes, or shortages in transportation, facilities, fuel,
energy, labor, or materials;
- Failure of the telecommunications or information services
infrastructure; and
- Hacking, SPAM, or any failure of a computer, server, network, or
software.
No Third-Party Beneficiaries
This agreement does not, and the parties do not intend it to, confer any rights or remedies on
any person other than the parties to this agreement.
Relationship of the Parties
This agreement does not, and the parties do not intend it to, create a partnership, joint
venture, agency, franchise, or employment relationship between the parties and the parties expressly
disclaim the existence of any of these relationships between them. Neither of the parties is the
agent for the other, and neither party has the right to bind the other on any agreement with a third
party.
Successors and Assigns
This agreement inures to the benefit of, and are binding on, the parties and their respective
successors and assigns. This section 26.10 does not address, directly or indirectly, whether a party
may assign rights or delegate obligations under this agreement. Section 26.3 addresses these
matters.
Electronic Communications Not Private
The Company does not provide facilities for sending or receiving confidential electronic
communications. You should consider all messages sent to the Company or from the Company as open
communications readily accessible to the public. You should not use the Website to send or receive
messages you only intend the sender and named recipients to read. Users or operators of the Website
may read all messages you send to the Website regardless of whether they are intended recipients.
Electronic Signatures
Any affirmation, assent, or agreement you send through the Website will
bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly
worded “button” or entry field with your finger, mouse, keystroke, or other device, your agreement
or consent will be legally binding and enforceable and the legal equivalent of your handwritten
signature.
Consumer Rights Information—California Residents Only
This section 26.13 applies only to California residents. In compliance with section 1789 of the
California Civil Code, please note the following:
WireChat Media
[email protected]
Users who want to gain access to any password-restricted area of the Website must register. The
Company does not charge consumers for registering. You may contact the Company at [email protected] to resolve any
disputes or to receive further information about the Website.
Complaints—California Residents Only
You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the
Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by
telephone at +1 (916) 445-1254.
Feedback
The Company encourage you to provide feedback about the Website. But the Company will not treat as
confidential any suggestion or idea provided by you, and nothing in this agreement will restrict its
right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to
you.
Your Comments and Concerns
You should direct all feedback, comments, requests for technical support, and other communications
relating to the Website to [email protected].