Terms of service

PLEASE REVIEW THIS DOCUMENT CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS

 

Viral Content Cash and/or ChattyMatic, divisions of Kiss Capital, Inc. (hereafter sometimes referred to as “Viral Content Cash and/or ChattyMatic,” “ChattyMatic,” “us,” or “our”) will provide Client with access to the ViralContentCash.com and/or ChattyMatic.com website(s) (the “Website”). 

You agree to be bound by these Terms of Service (this “Agreement”, “Terms”), whether or not you register as a free trial member (“Registrant”) or become a paid subscriber (“Member”). Also by visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

If you wish to become a Registrant or a Member and make use of the Viral Content Cash and/or ChattyMatic service (the “Service”), please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

If you object to anything in this Agreement or the Viral Content Cash and/or ChattyMatic Privacy Policy and/or the ChattyMatic Privacy Policy do not use the Website(s) or the Service. This Agreement is subject to change by Viral Content Cash and/or ChattyMatic at any time, effective upon posting on the Website, and your use of the Service after such posting will constitute acceptance by you of such changes. These terms of service govern the relationship between you and Viral Content Cash and/or ChattyMatic.

 

Description of the Service. Viral Content Cash and/or ChattyMatic offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

Viral Content Cash and/or ChattyMatic will provide Client with access to our social media marketing Website. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Viral Content Cash and/or ChattyMatic properties, shall be subject to this Agreement.

 

Collection of Information: Client acknowledges and agrees that the information relating to participants collected directly from participants through the use of the Service (“Participant Data”), and all right, title and interest in Participant Data is and shall become the property of Client. In addition to Participant Data collected for Client, Viral Content Cash and/or ChattyMatic may collect available public Facebook data on participants in the aggregate, which is viewable to Client as demographic data. Viral Content Cash and/or ChattyMatic retains a perpetual, irrevocable, and royalty-free right to analyze this anonymous aggregate data for Product performance. Each party acknowledges and agrees that their use of Participant Data will comply with all applicable laws, regulations, social media policies, and privacy policies.

 

Beta Services: From time to time, Viral Content Cash and/or ChattyMatic may add new features to the Service that are described as “beta” (“Beta Features”). Registrants and Members acknowledge that Beta Features may be untested, non-functional, and/or partly functional features of the Service. If you elect to use a Beta Feature, you do so at your own risk. Notwithstanding anything else in this Agreement to the contrary, Viral Content Cash and/or ChattyMatic does not warrant that the Beta Features will be provided with due care. Do not rely on the Beta Features for any purpose whatsoever. Beta Features may harm and/or interrupt the regular running your software and/or hardware. Beta Features will be considered part of the Service, and all provisions of this Agreement relating to the Service will apply to the Beta Features.

 

API Services: Viral Content Cash and/or ChattyMatic may provide free automatic program interface (API) to its proprietary data. With the exception of the terms dealing with subscription fees, this Agreement controls Viral Content Cash and/or ChattyMatic’s free API services. Paid API services are governed by a separate agreement. Access to the API may be suspended or terminated by Viral Content Cash and/or ChattyMatic at any time and for any reason, with or without cause. If your access to a free API is canceled, you shall not be entitled to a refund of any kind. In order to access any API, you must use a Secret key. It’s important not to share your secret key with anyone. You are responsible for all requests made with your secret key, whether you authorized them or not.

 

Electronic Agreement: This Agreement is an electronic contract that establishes the legally binding terms of your use of the Website and your relationship to the Service. This Agreement may be modified by Viral Content Cash and/or ChattyMatic from time to time, such modifications to be effective upon posting by Viral Content Cash and/or ChattyMatic on the Website. This Agreement includes Viral Content Cash and/or ChattyMatic’s Privacy Policy, Viral Content Cash and/or ChattyMatic’s Sign Up Page, and any notices regarding the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein.

 

Electronic Form: By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content and pay any service fees associated with such access. In addition, you must have all the equipment necessary to make such a connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it to any word processing program. You have a right to a paper copy of this Agreement. If you would like a paper copy, please email chatty@ChattyMatic.com. If you request a paper copy of the Agreement, your account will be suspended until you return a signed copy of the paper agreement to Viral Content Cash and/or ChattyMatic.

 

Proprietary Rights: Viral Content Cash and/or ChattyMatic retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Viral Content Cash and/or ChattyMatic and its licensors. Except for that information that is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

 

No Resale or Redistribution of Service: Except as expressly authorized by Viral Content Cash and/or ChattyMatic, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of the Service or the Software, use of the Service, or access to the Service or computer code that powers the Service (hereafter sometimes “Software”).

 

Privacy: Please see our complete Privacy Policy, which is incorporated into this Agreement and a summary here: PRIVACY POLICY. Further, you acknowledge, consent, and agree that Viral Content Cash and/or ChattyMatic may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Viral Content Cash and/or ChattyMatic, its users and the public.

Personal Information: Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: PRIVACY POLICY

Account Access: You must provide your full legal name, a valid email address, and any other information requested to complete subscription process. You must provide a valid email address to become a Registrant. Your login may only be used by one person – a single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account and password. Viral Content Cash and/or ChattyMatic cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

 

Age Requirements: This website’s content is intended for adults, and we will not knowingly collect personal information from children under 13 years of age. If you are a parent or legal guardian of a child under age 13 who you believe has submitted personal information to this site, please contact us at chatty@ChattyMatic.com immediately. You must be eighteen (18) years of age to subscribe as a Member of ViralContentCash.com or ChattyMatic.com. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

 

Unauthorized Users: You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

 

Unauthorized Uses: You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Viral Content Cash and/or ChattyMatic. You may not reverse engineer or reuse source code that is in public view. This includes any and all javascript. The code is Viral Content Cash and/or ChattyMatic’s copyright. You shall not transmit any worms or viruses or any code of a destructive nature. You agree not to modify the Software in any manner or form nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Viral Content Cash and/or ChattyMatic for use in accessing the Service.

 

Blocking of IP Addresses: In order to protect the integrity of the Service, Viral Content Cash and/or ChattyMatic reserves the right at any time in its sole discretion to block Registrants and Members from certain IP addresses from accessing the Website.

 

Please see our Pricing Page for the current subscription plans and their prices (hereafter “Subscription Policies”).

 

Please note that the Subscription Policies disclosed to you in subscribing to the service are deemed part of this Agreement. Further, Viral Content Cash and/or ChattyMatic may change Service features and functionality from time to time. For purposes of this Agreement, the term “Member” includes all paying subscribers, regardless of renewal term or price level, unless its usage indicates otherwise. The Subscription Fee is payable in United States dollars (including, if any, all applicable taxes).

 

Subscriptions; Charges on your Billing Account.

 

General: You agree to pay Viral Content Cash and/or ChattyMatic the subscription fee (“Subscription Fee”) specified in the Pricing Page during the subscription Period (“Subscription Period”). Unless a separate agreement is executed by both parties, there is a one-month Subscription Period.

 

Payment Method: A valid credit card is required to subscribe to the Service. Viral Content Cash and/or ChattyMatic bills you through a secure online account (your “Billing Account”) for the use of the Service. We have an SSL certificate that prohibits your sensitive credit card information from being intercepted. Your complete billing information is not stored on Viral Content Cash and/or ChattyMatic servers. For your protection, our secure payment gateway partner stores your complete billing information. You agree to pay Viral Content Cash and/or ChattyMatic for all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Viral Content Cash and/or ChattyMatic to charge your chosen credit card (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. Viral Content Cash and/or ChattyMatic reserves the right to correct any errors or mistakes, even if it has already requested or received payment. If Viral Content Cash and/or ChattyMatic does not receive payment from your Payment Method, you agree to pay all amounts due on your Billing Account on demand.

 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Auto-Renewal of Your Subscription Period: You will be entitled to receive the Service only during the subscription period (“Subscription Period”) specified on your Billing Form. All subscriptions will automatically renew at the end of your subscription period until canceled by you. You will not receive further notice of auto-renewal.

 

Recurring Billing: Our subscription plans use recurring billing. You will automatically be charged the Subscription Fee for the subsequent month unless you cancel the Service before the new Subscription Period begins. By entering into this Agreement, you accept responsibility for all recurring charges before cancellation. Viral Content Cash and/or ChattyMatic MAY SUBMIT PERIODIC CHARGES (E.B., MONTHLY) RELATING TO YOUR SUBSCRIPTION WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU CANCEL YOUR ACCOUNT. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE Viral Content Cash and/or ChattyMatic REASONABLY COULD ACT.

 

Current Information Required: YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY Viral Content Cash and/or ChattyMatic IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE Viral Content Cash and/or ChattyMatic ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT Viral Content Cash and/or ChattyMatic MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE.

 

Change in Amount Authorized: If the amount to be charged to your Billing Account varies from the amount you pre-authorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and Viral Content Cash and/or ChattyMatic shall provide, a notice of the amount to be charged and the date of the charge at least 60 days before the scheduled date of the transaction. Notice will be sent to the email address currently associated with your Viral Content Cash and/or ChattyMatic account. You agree that Viral Content Cash and/or ChattyMatic may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

Accuracy of Billing and Account Information: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Products Or Services (if applicable): Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities. We do not accept returns or exchanges according to our Refund Policy below.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

Errors, Inaccuracies and Omissions: Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Refunds. Viral Content Cash and/or ChattyMatic:  Due to the nature of the digital product and service provided, there shall be no refunds, and your Subscription fee is non-transferable. Accordingly, if you elect to cancel your subscription to the Service during the Subscription Period, you will not receive a refund on the Subscription Fee(s) previously paid to Viral Content Cash and/or ChattyMatic. 

Auto-renewal. Your Viral Content Cash and/or ChattyMatic subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected. Viral Content Cash and/or ChattyMatic reserves the right to renew your subscription at the then-current non-promotional subscription rate provided notice to you of an increase in fees. The notice shall be sent to the email associated with your Viral Content Cash and/or ChattyMatic Membership.

 

Cancellation: You are solely responsible for properly canceling your account. You can cancel your account anytime by going to your Account Settings page (you must be logged in to view this page) and selecting the “Change Credit Card Info” link. Once you are on the Change Credit Card Info page, you can choose to cancel your account. An email request to cancel your account is not considered cancellation. While we try to respond to email requests to cancel accounts, we may not receive or respond to all emails. Please do not assume your account has been canceled if you email site support. Use the “Change Credit Card Info” link to cancel your account. All of your Content (text, files, social media posting data) will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is canceled. If you cancel your Membership before the end of the Subscription Period, then Viral Content Cash and/or ChattyMatic will terminate your access to the Service and cease billing you for the Service. However, you remain responsible for all charges incurred before Viral Content Cash and/or ChattyMatic terminates access to your account.

 

Disputed Credit Card Charges: Viral Content Cash and/or ChattyMatic will terminate Member access to the Service upon learning of Member’s dispute of valid credit card charges. Service will be restored once Member reimburses Viral Content Cash and/or ChattyMatic for the amount of chargebacks and fees.

 

Collection: Members will pay on all amounts past due that have not been disputed specifically in writing and in reasonable good faith, an interest charge of one and one-half percent (1.5%) per month computed from the due date of each payment or the maximum rate permitted by law. Member will be liable for attorneys’ fees and collection costs arising from Viral Content Cash and/or ChattyMatic’s efforts to collect unpaid balances.

 

Reaffirmation of Authorization: Your non-termination or continued use of the Service reaffirms that Viral Content Cash and/or ChattyMatic is authorized to charge your Payment Method. Viral Content Cash and/or ChattyMatic may submit those charges for payment, and you will be responsible for such charges. This does not waive Viral Content Cash and/or ChattyMatic ’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as described when you initially subscribed to the Service.

 

Promotions: Any promotion that provides Member-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period to avoid being charged a Subscription Fee. If you cancel before the end of the trial period and are inadvertently charged for a subscription, please contact chatty@ChattyMatic.com to have the charges reversed.

 

Modifications to Service: Viral Content Cash and/or ChattyMatic reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. You agree that Viral Content Cash and/or ChattyMatic shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

Reliance on Content, Advice, Etc.: Any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional, financial, legal, or other advice. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist. Viral Content Cash and/or ChattyMatic does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Viral Content Cash and/or ChattyMatic or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.

 

Disclaimers of Warranties: The Website and the Service are provided “AS-IS” and on an “AS-AVAILABLE” basis. Viral Content Cash and/or ChattyMatic expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Viral Content Cash and/or ChattyMatic cannot guarantee and does not promise any specific results from using the Website and/or Service. You agree that you must evaluate and bear all risks associated with using any Website content and Services, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by Viral Content Cash and/or ChattyMatic or submitted to Viral Content Cash and/or ChattyMatic. Use of the Website and the Services may result in technical malfunction, delay, misdelivery, or other problems with other systems, programs, or computer hardware. Viral Content Cash and/or ChattyMatic can not guarantee compatibility with other systems and hardware.

Prohibited Uses: In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Third-Party Content: Certain content, Products, and services available via the Service may include materials from third parties. In addition, Viral Content Cash and/or ChattyMatic may provide links to certain third-party Websites. You acknowledge and agree that Viral Content Cash and/or ChattyMatic is not responsible for examining or evaluating the content or accuracy of any such third-party material or Websites. Links to other Websites are provided solely as a convenience to you. Because Viral Content Cash and/or ChattyMatic has no control over such sites and resources, you acknowledge and agree that Viral Content Cash and/or ChattyMatic is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Viral Content Cash and/or ChattyMatic is not in any way responsible for any such use by you.

Third-Party Links: Certain content, products and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

Optional Tools: We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

 

Featuring Your Company: We may choose to feature campaigns you use the Service to publish, including names, trademarks, service marks or logos included on your campaigns. You grant us a perpetual, worldwide, royalty-free, non-exclusive right and license to use your campaigns, including without limitation names, trademarks, service marks or logos, for the limited purpose of Viral Content Cash and/or ChattyMatic marketing and promotional activities. For example, we may feature your campaign in an email newsletter to demonstrate a stellar campaign. We may also feature your company names, trademarks, service marks or logos to identify you as a current or former user of the Service. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to your campaigns or names, trademarks, service marks or logos on your campaigns, and any right of inspection or approval of any such use. You can opt out of being featured by creating a support ticket. This does not affect any rights you may have under applicable data protection laws.

User, Comments, Feedback and Other Submissions: If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Accuracy, Completeness and Timeliness Of Information: We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information: Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Limitation on Liability: Except in jurisdictions where such provisions are restricted, in no event will Viral Content Cash and/or ChattyMatic be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Viral Content Cash and/or ChattyMatic has been advised of the possibility of such damages), resulting from:

· the use or the inability to use the Service;

· the cost of procurement of substitute goods and services resulting from your inability to access or obtain any goods, data, information or services through or from the Service;

· unauthorized access to or alteration of your transmissions or data;

· statements or conduct of any third party on the service; or

· any content posted on the Website or transmitted to Registrants or Members; or

· any inaccurate or out-of-date content produced by the tools or published in the guides or blog, or Website, or any other matter relating to the Service. Notwithstanding any provision to the contrary, Viral Content Cash and/or ChattyMatic’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Viral Content Cash and/or ChattyMatic in the twelve (12) months before the claimed injury or damage.

 

Disclaimer Of Warranties; Limitation of Liability: We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Viral Content Cash and/or ChattyMatic, Kiss Capital, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers of warranties may not apply to you.

 

Indemnity by You: You agree to indemnify and hold Viral Content Cash and/or ChattyMatic, its parents, subsidiaries, affiliates, officers, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of Viral Content Cash and/or ChattyMatic’s or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. Your obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason. You agree to indemnify, defend and hold harmless Viral Content CASH and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability: In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

No Third Party Beneficiaries: You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.

 

Interstate Nature of Communications on Viral Content Cash and/or ChattyMatic Network: When you register or subscribe with Viral Content Cash and/or ChattyMatic, you acknowledge that in using Viral Content Cash and/or ChattyMatic services to send electronic communications (including but not limited to triggered email notifications, social network posting, uploading files and photos, running Viral Content Cash and/or ChattyMatic tools, and other Internet activities), you will be causing communications to be sent through Viral Content Cash and/or ChattyMatic’ computer networks located in Arkansas, and other locations in the United States. As a result, and also as a result of Viral Content Cash and/or ChattyMatic’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. By agreeing to this Agreement, you acknowledge that use of the service results in interstate data transmissions.

 

Term: This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may cancel your Membership at any time for any reason. Viral Content Cash and/or ChattyMatic may terminate your Membership by sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to Viral Content Cash and/or ChattyMatic. If Viral Content Cash and/or ChattyMatic terminates your membership in this Service because you have breached this Agreement, you will not be entitled to any refund of unused Subscription Fees. All decisions regarding the termination of accounts shall be made at the sole discretion of Viral Content Cash and/or ChattyMatic. Viral Content Cash and/or ChattyMatic is not required, and may be prohibited from disclosing a reason for the termination of your account. 

Termination: The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account and the forfeiture and relinquishment of all Content in your Account. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Viral Content Cash and/or ChattyMatic reserves the right to refuse service to anyone for any reason.

 

Jurisdiction and Governing Law: These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States. If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the state of Arkansas, without regard to its conflict of laws provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the province and federal courts of the state of Arkansas, for the resolution of any such dispute.

 

Entire Agreement: The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Other. The failure of Viral Content Cash and/or ChattyMatic to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The Terms of Service constitute the entire agreement between you and Viral Content Cash and/or ChattyMatic and govern your use of the Service, superseding any prior agreements between you and Viral Content Cash and/or ChattyMatic (including, but not limited to, any prior versions of the Terms of Service).

Questions about the Terms of Service should be sent to chatty@chattymatic.com.

 

Terms Of Service for Content Writing: All new customers receive one complimentary in-depth telephone interview to assess objectives and clarify ambitions. This questionnaire is intended to help us understand your blogging objectives. We always want to maintain the highest quality and most relevant message possible when representing your organization. The more details and the more complete information you provide during this Questionnaire will have a direct result on your blog. An interview call is scheduled at your convenience and may last up to 1 hour, depending on the complexity of your requirements. When the call is completed, we should have enough information to start writing immediately.

Once your project has been marked as delivered, you have 3 days to either accept the deliverables or request a revision.

Only under extreme circumstances will we offer to rewrite content. This would include a gross error on our part. If mistakes were made due to unclear or erroneous project details, you would be charged the normal rate for having the article or other content rewritten.

Our writers will try their very best to meet your desired word count but will not compromise quality to do so. We strive to be 50 words or less above or below your requested word count while keeping the quality of content high.

All content remains the property of Kiss Capital, Inc. until the invoice for the specific content has been paid in full.

As a rule, we do not offer refunds for work that has already been submitted. Under extreme circumstances, we will work with clients on a case-by-case basis.

We understand you may want to protect the privacy and credibility of your blog. We offer a completely white-labeled blogging service that ensures your readers will never assume anything other than your blogger is an employee within your company and not a hired service.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at chatty@chattymatic.com.

Our contact information is posted below:

ChattyMatic 

chatty@chattymatic.com

601 Otto Road, Conway, AR 72032

501-514-4146