Terms and Conditions

Dead Simple Chat Terms of Service.

Agreement between User and Dead Simple Chat

Dead Simple Chat is a social networking site that allows users to create and manage chatrooms, embed them on their websites, and meet new users. The site is comprised of various web pages operated by NextPath Software Consulting Inc LTD. Dead Simple Chat is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Dead Simple Chat and all other services, features, and pages (collectively reffered to as "DSC") included within, constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. Privacy Your use of DSC is subject to DSC’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. Click here to view : Electronic Communications Visiting DSC’s or sending emails to DSC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.


Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that DSC is not responsible for third party access to your account that results from theft or misappropriation of your account. DSC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Accessing Other Accounts. DSC does not allow any person to access an account they did not register themselves. You agree you will not attempt to access any account, with or without permission from the owner, if you are not the person who registered it. Any knowledge of an account being accessed by somebody else may result in the offending person getting their account(s) amended or removed from the service, and the targeted account locked, amended, or removed, at the sole discretion of DSC. Children and Teenagers DSC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use DSC only with permission and supervision of a parent or guardian. As DSC is a site for users of varying age levels, any person(s) who is, or has been, a registered sex offender, is not welcome on the service. Any knowledge of a current or prior sex offender being on the service may result in the offending person(s) having their account(s) amended or removed from the site.

Cancellation/Refund Policy All payments are final, and no refunds will be given. Any user requesting a refund needs to do so directly via https://deadsimplechat/support/. Users who issue chargebacks against DSC, without prior written approval from DSC, are in violation of these Terms of Service, and their accounts may be temporarily or permanently blocked, and/or the purchased goods will be removed from their account and other accounts that received the purchased goods. Premium and Paid Features DSC offers a variety of premium features, paid upgrades, and subscription services. These features, herein referred to as "PREMIUM FEATURES", are only to be purchased by DSC directly. If DSC becomes aware of a person violating the Terms of Service, the user risks having their account(s) amended or de-activated, and the user will not receive a refund for any PREMIUM FEATURES they own. DSC is the sole owner of any feature function or other PREMIUM FEATURES used on the site, regardless of any other terminology used within the service. As such, DSC retains all intellectual property rights affiliated with ownership. You acknowledge that at no time do you own, nor have any right to, the intellectual property affiliated with any FEATURES or DSC. DSC holds all rights to update, add, or remove FEATURES from the service. As DSC is an ever-changing service, FEATURES may be amended, updated, removed, or added, at any point, without any prior warning. DSC does not allow any gambling or betting to take place, either on the service, or using DSC services, accounts, or chatrooms. Any knowledge of gambling or betting, either on or off the service, in relation to DSC may result in the offending person(s) having their accounts amended or removed without any prior notice or warning.


Exploits, Bugs, Glitches, or Errors

DSC systems, including, but not limited to, backend server code, applications, downloadable content, security software, and third-party services used to secure data, are always subject to amendments, upgrades, bug fixes, and/or overhauls. DSC will take all reasonable efforts to ensure the systems are secured, and will work to fix known bugs that may result in user data being put at risk. In the event that you discover any bugs, errors, glitches, or exploits (collectively "exploits"), whether on your own or from another user, you are to immediately report your findings directly to DSC. You are also forbidden from further discussing, demonstrating, or repeating the same exploit, unless you receive written confirmation from DSC directly that you may do so. You are also forbidden from sharing or recording any information that may have been accessed as a result of the exploit.


Unwanted Content

DSC is designed for real persons to engage in conversations with one another. Any unwanted submissions, including, but not limited to, advertising content located off of DSC, using automated scripts to message one or more persons, or other means of sending repeated spam, advertisements, links, or other unwanted content, as deemed solely by DSC or its affiliates on a case-by-case basis, may result in the offending person(s) accounts being amended or removed from the service. Pornography and any kind of adult content is banned from DSC and any person sending or receiving such content shall be banned and their account removed DSC does not allow users to promote, plan, glorify, or otherwise discuss methods of harming oneself or any other person(s), either on or off the service. Any discussion of this may risk having your information turned over to the appropriate authorities, and/or your account(s) amended or removed from the service, without any warning or notice to you, as deemed appropriate by DSC. DSC does not allow any user(s) to promote, plan, glorify, arrange, offer, encourage, or otherwise discuss methods of buying, selling, or exchanging sexual offers. Any of the aforementioned will result in your rights to the service permanently revoked, without any prior notice, and the relevant authorities notified.


Amendments of Accounts and Chatrooms

You are expected to maintain your user account and chatroom(s) frequently. Inactive user accounts which have not been in use for ninety (90) days may be amended or removed at any time, with no prior notice or warning. Inactive, inappropriate, or mismanaged chatrooms may be amended, removed, or ownership revoked and transferred, at any time, and at the sole discretion of DSC, with no prior notice or warning to you. Your username on DSC is unique to your account. Your username may not contain shocking language, slander, or be intended to offend or degrade any person(s). You may not make a username to impersonate or mislead another person on or off DSC. You may not make a username that infringes on a copyright. Usernames may be altered, amended, or removed at the sole discretion of DSC, with or without prior notice or warning. Links to Third Party Sites/Third Party Services DSC may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of DSC and DSC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DSC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DSC of the site or any association with its operators. Certain services made available via DSC are delivered by third party sites and organizations. By using any product, service or functionality originating from the DSC domain, you hereby acknowledge and consent that DSC may share such information and data with any third party with whom DSC has a contractual relationship to provide the requested product, service or functionality on behalf of DSC users and customers. No Unlawful or Prohibited Use/Intellectual Property You are granted a non-exclusive, non-transferable, revocable license to access and use DSC strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to DSC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of DSC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. DSC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of DSC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of DSC or our licensors except as expressly authorized by these Terms. Use of Communication Services


The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. DSC has no obligation to monitor the Communication Services. However, DSC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. DSC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. DSC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DSC sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. DSC does not control or endorse the content, messages or information found in any Communication Service and, therefore, DSC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized DSC spokespersons, and their views do not necessarily reflect those of DSC. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to DSC or Posted on Any DSC Web Page DSC does claim ownership of the materials you provide to DSC (including feedback and suggestions) or post, upload, input or submit to any DSC Site or our associated services (collectively "Submissions")., by posting, uploading, inputting, providing or submitting your Submission you are granting DSC, our affiliated companies irrevocable claim to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. DSC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in DSC sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.


International Users

The Service is controlled, operated and administered by DSC from our offices within the Canada. If you access the Service from a location outside the Canada, you are responsible for compliance with all local laws. You agree that you will not use the DSC Content accessed through DSC in any country or in any manner prohibited by any applicable laws, restrictions or regulations.


Indemnification

You agree to indemnify, defend and hold harmless DSC, its officers, directors, employees, agents, independent contractors and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. DSC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DSC in asserting any available defenses. Class Action Waiver Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and DSC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Liability Disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DSC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. DSC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “ " WITHOUT WARRANTY OR CONDITION OF ANY KIND. DSC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DSC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DSC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. Termination/Access Restriction DSC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice, regardless of your status or any contributions, financial or otherwise, made to the site. To the maximum extent permitted by law, this agreement is governed by the laws of the Ontario and you hereby consent to the exclusive jurisdiction and venue of courts in Ontario in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DSC as a result of this agreement or use of the Site. DSC performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DSC right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by DSC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and DSC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DSC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

DSC reserves the right, in its sole discretion, to change the Terms under which DSC is offered. The most current version of the Terms will supersede all previous versions. DSC encourages you to periodically review the Terms to stay informed of our updates.


Contact Us

DSC welcomes your questions or comments regarding the Terms:

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