Age requirement - You acknowledge that you are 18 years of age, or otherwise emancipated, and hold the legal capacity to consent to all Terms and Conditions contained herein.
1. About
Havachat is a social media platform (website and application service) which facilitates the creation of a profile by Users which allows Users ie Artists and Fans to connect via live video chat for a fee determined by the Artist, thereby generating revenue for Artists from Fans. Users can upload photos and videos onto their profile.
These Terms and Conditions (Terms) govern your use of the App / Website, including any content, functionality, and services offered on or through any part of Havachat. By registering with and using Havachat, you accept and agree to be bound by and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the App / Website.
Any information given on the App / Website is not legally binding; it is informative only and does not form part of the Terms.
Havachat reserves the right to make changes to these Terms at any time and at its sole discretion. All changes are effective immediately from the time Havachat publishes them on its website, and apply to all access to and use of the App / Website thereafter. By continuing to use Havachat, you agree to the Terms as at the date of use / as modified. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
By using Havachat you consent to receiving communications electronically, including emails and messages posted to your Havachat account, you acknowledge and agree that all communications that Havachat sends to you electronically satisfy any legal requirement that such communications be in writing.
If you wish at any time to withdraw your consent to receiving communications from Havachat, please email info@havachat.live, notifying Havachat of the withdrawal of your consent.
Havachat does not own User Content and views expressed by Users (ie Artists and Fans) on Havachat do not represent Havachat’s views. All transactions and interactions regarding User Content on Havachat are between Users.
Havachat reserves the right at any time and without notice to:
modify, suspend or terminate Havachat or any portion thereof;
restrict, limit, suspend or terminate your access to Havachat or any portion thereof;
monitor your use of Havachat (including any content you broadcast on Havachat) to verify compliance with these Terms and/or any applicable law;
investigate any suspected or alleged misuse or unlawful use of Havachat and cooperate with law enforcement agencies in such investigation;
disclose information about your use of Havachat in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order or other legally enforceable request.
From time to time, Havachat may restrict access to some parts of the App / Website, or the entire App / Website, to Users.
2. How It Works
Havachat is a social media platform that lets you create a User profile, which in turn allows Artists and Fans to connect via live video chat for a fee determined by the Artist.
3. Account Registration
To become a User you must register and create a User Account on Havachat. You must provide a valid email address, name, and a password. It is a condition of your use of the App / Website that all the information you provide is correct, current, and complete.
You agree that all information you provide as a User or otherwise, including but not limited to information provided through the use of any interactive features on the App / Website, is governed by Havachat’s Privacy Policy and you proceed on the basis that you are aware of our personal information handling practices (including how we collect, hold, use and disclose your personal information) which are set out in our Privacy Policy.
If you are an Artist and wish to receive payment of Commissions, you will need to include your bank details and upload a valid form of ID to your User profile. You may also need to submit additional legal information as may be required, such as a W-9 if you are resident in the United States of America. Any additional information required will depend on your country of residence. Amounts due to you as an Artist from Fans will be paid to you by one of our Payment Providers.
By registering on Havachat, you confirm that:
all User Account registration and profile information is correct and accurate and that any User Content you provide is your own and does not infringe the intellectual property rights or any other proprietary rights of a third party;
if you previously had a User Account with Havachat, your old User Account was not terminated or suspended by Havachat for violation of the Terms;
you register on Havachat for your own personal use and you will not sell, rent or transfer your User Account to any third party; and
Havachat reserves the right, at any time, to verify the information which you provide to Havachat as well as your compliance with the Terms. If Havachat is unable to verify this, then Havachat reserves the right to suspend your account.
You are fully responsible for any and all activities that occur on your account and you are responsible for keeping your login details confidential and secure. You agree not to disclose these details to any other person or entity and immediately notify Havachat at info@havachat.live if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
Havachat reserves the right to disable any user name, password, or other identifier, whether chosen by you or provided by Havachat, at any time and at Havachat’s sole discretion for any or no reason, including if, in Havachat’s opinion, you have violated any of the Terms.
4. Purchases And Payment Of Revenue
Havachat will procure that Payment Providers ensure that Artists receive a net Commission from Havachat (being the difference between the fee charged to Fans and the total management fee and payments due to the Payment Providers). Apple will first take 30% of the fee charged to Fans for the in-app purchase. Within 30 days of the one-on-one live video chat interaction taking place between the Artist and a Fan, the Artist will receive 50% of the fee with Havachat collecting the remaining 20% for operational costs.
In order to utilize Fan interaction on Havachat, an in-app purchase will be made upon each connection. Havachat receives the Revenue and holds the Commission on behalf of the relevant Artist, and not on your behalf as a Fan. Once Havachat has received payment from you as a Fan you have no further liability to the relevant Artist and the Artist shall allow you as a Fan to utilize Fan Interaction. Havachat will take payment of the Revenue from the Fan and hold the Commission in Havachat’s capacity as the agent for the Artist.
All payments for Fan Interaction are final and non-refundable. If Havachat is alerted that a Fan has sought and received a Refund or Chargeback, Havachat will take additional actions. Any purchase of the right to use Fan Interaction, which is subsequently subject to a Refund or Chargeback, may result in the User’s account being immediately and permanently excluded from Havachat. The Refund or Chargeback amount may be removed from the earning Artist's income. The Artist may be alerted to the Fan Refund or Chargeback.
5. Account Deactivation
Should you wish to deactivate your Havachat account then you may do so at any time. Please email info@havachat.live
6. Intellectual Property Rights
Other than User Content, the App / Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Havachat, Havachat licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:
you may store files that are automatically cached by your Web browser for display enhancement purposes; and
you may print or download one copy of a reasonable number of pages of the App / Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App / Website in breach of the Terms, your right to use the App / Website will end immediately and you must, at Havachat’s option, return or destroy any copies of the materials you have made.
Other than User Content, no right, title, or interest in or to the App / Website or any content is transferred to you, and all rights not expressly granted are reserved by Havachat. Any use of the App / Website not expressly permitted by these Terms is a breach of these Terms
The Havachat name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of Havachat affiliates or licensors. You must not use such marks without Havachat’s prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
7. Licence
Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sub licensable, non-exclusive and limited license to use the app / Website for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by Havachat at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of Havachat other than as expressly permitted by these Terms is strictly prohibited. Havachat reserves all rights not expressly granted herein.
Havachat does not warrant it is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not Havachat is compatible with your device.
8. Acceptable Use
Havachat requires that all Users respect and comply with these Terms below, at all times, when using Havachat.
You may not:
use Havachat other than for your own lawful and personal use in accordance with these Terms;
impersonate Havachat, one of Havachat’s employees, another User, or any other person or entity or falsely state, suggest or otherwise misrepresent any affiliation, endorsement, sponsorship between you and Havachat and/or any other person or entity;
falsify account registration information, or make unauthorized use of another's information or content;
use Havachat in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
use Havachat for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App / Website, or which, as determined by Havachat, may harm Havachat or Users of the App / Website or expose them to liability;
create, upload, post, display, publish or distribute User Content that:
is obscene, illegal, fraudulent, defamatory, libelous, hateful, discriminatory, threatening or harassing, or in any way which incites violence or violates any of the aforementioned prohibitions;
violate another's copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image or other identity of another without proper consent);
promote or advertise escort services;
promote or advertise firearms or other weapons, drugs, or drug paraphernalia;
promote any illegal activity, or advocates, promotes, or assists any unlawful act;
cause annoyance, inconvenience, or needless anxiety that is likely to upset, embarrass, alarm, or annoy any other person;
involves 3rd party commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising;
give the impression that it emanates from or is endorsed by Havachat or any other person or entity, if this is not the case.
remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained in any User Content that you do not own.
use the App / Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the App / Website, including their ability to engage in real time activities
decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of Havachat.
interfere in any way with the operation of Havachat or any server, network or system associated with Havachat, including, without limitation: hacking, mail-bombing, flooding, overloading, or making "denial of service" attacks; probing, scanning or testing the vulnerability of the site or any server, network or system associated with the site; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another user's account that you are not expressly authorized to access.
use Havachat for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, performance or functionality, or for any other competitive purposes;
use any automated program, tool or process (including without limitation, web crawlers, robots, bots spiders, and automated scripts) to access Havachat or any server, network or system associated with Havachat, or to extract, collect, harvest or gather content or information from Havachat.
make any other use of Havachat that violates these Terms or any applicable law.
Any content that is reported by another User or Havachat, and that is deemed unacceptable by Havachat, will be notified to the User via email. Users who repeatedly violate Havachat’s Acceptable Use policy may be deactivated.
By registering an account with Havachat, you represent and warrant that you:
will fully comply with these Terms;
accept full responsibility for the use of Havachat on any device, whether or not it is owned by you;
accept full responsibility for any User Content created or provided by you; and your our use of Havachat will not violate these Terms or any applicable law.
If you are using Havachat on behalf of a business or other entity, you warrant that you are authorised to grant all the licences stipulated in or entailed by these Terms and that you are authorised to bind the business or other entity to these Terms.
9. User Content
If you are an Artist, by creating User Content on Havachat, you authorize your Fans to access and view your User Content on Havachat for their own lawful and personal use. You also represent, warrant and undertake that:
you own, have a valid license to, or otherwise control all rights in and to your User Content;
to the extent your User Content includes or utilizes any third-party property, you have secured all rights, licenses, consents and releases that are necessary for the use of such third-party property in your User Content; and
your User Content is non-confidential and will be made available to your Fans on Havachat.
you grant Havachat and our licensees, successors, and assign the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
you understand and acknowledge that you are responsible for any User Content you contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
you shall indemnify Havachat, Havachat’s licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your User Content.
Havachat is not responsible or liable to any third party for the content or accuracy of any User Content created by you or any other user of the App / Website.
Upon signing up to Havachat, you also agree to act as custodian of records for the content that you produce.
Any questions regarding User Content can be addressed by emailing info@havachat.live
10. DMCA
Havachat respects the intellectual property rights of third parties and voluntarily complies with the Digital Millennium Copyright Act (DMCA).
Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.
11. Linking To The Website And Social Media Features
You may link to Havachat’s homepage, provided you do so in a way that is fair and legal and does not damage Havachat’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Havachat’s part. The App / Website may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on the App / Website. You may use these features solely as they are provided by Havachat, solely with respect to the content they are displayed with. However, you must not:
establish a link from any website that is not owned by you;
cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
link to any part of the Website other than the homepage; or
otherwise take any action with respect to the materials on this App / Website that is inconsistent with any other provision of these Terms.
You agree to cooperate with Havachat in causing any unauthorised framing or linking immediately to stop. Havachat reserves the right to withdraw linking permission without notice.
Havachat may disable all or any social media features and any links at any time without notice at Havachat’s discretion.
12. Links From The Website
If the App / Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, without limitation, banner advertisements and sponsored links. Havachat has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this App / Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
13. Disclaimer Of Warranties; Limitations Of Liability
By using Havachat, you acknowledge and agree as follows:
Havachat and all of its services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, Havachat disclaim any and all warranties, express or implied, with respect to Havachat and all of its services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose.
Havachat does not warrant or guarantee the accuracy, usefulness, completeness or reliability of Havachat, or the results of your use of Havachat. Havachat disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App / Website, or by anyone who may be informed of any of its contents.
Havachat does not warrant or guarantee that all of its services and features will be available at any particular time or location; that Havachat and all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that Havachat and all of its services and features will be free of viruses and other harmful components.
you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the App / Website for any reconstruction of any lost data. To the fullest extent provided by law, Havachat will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the App / Website or any services or items obtained.
your use of Havachat and its services and features will be solely and entirely at your own risk. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. Havachat does not warrant or guarantee that use of the App / Website will be uninterrupted or error free twenty-four hours a day, seven days a week, since Havachat may need to carry out maintenance of the App / Website from time to time. However, Havachat will use its reasonable endeavours to carry out any such maintenance outside of business hours. Havachat will endeavour to give reasonable notice, however this may not always be possible;
in no event shall Havachat be liable (strictly or otherwise) in contract, tort, negligence, strict liability or under any other legal or equitable principle, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, and without limitation, loss of use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to your use of (or your inability to use) Havachat or any of its services or features, nor shall Havachat be held liable in the event your User Content is illegally distributed by another User, however where such distribution does occur please contact Havachat at info@havachat.live and Havachat will seek to prevent continuance of such distribution where Havachat is reasonably able to do so; and
in no event shall Havachat have total and aggregate liability to you and/or others for any and all claims arising out of or related to your use of (or your inability to use) Havachat or any of its services or features, This does not affect any liability that cannot be excluded or limited under applicable law.
14. User Indemnification
By using Havachat, you agree to indemnify and hold harmless Havachat and our employees, agents, representatives, successors and assigns from and against any and all claims, demands, causes of action, actions, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising out of or related to any of the following:
your use of Havachat or any of its services or features;
any User Content created or otherwise made available on Havachat by you;
any transaction or interaction between you and any other User of Havachat; and/or
your violation of the Terms or any applicable law.
Notwithstanding Havachat’s appointment as the Artist’s agent to pay the Artist Commission, Havachat, the Fan and Artist are independent contractors and are responsible for meeting all of their respective legal or statutory obligations. This extends to the payment of any taxes or other payments properly demanded by a regulatory authority. Should a User fail to meet those obligations then the User shall indemnify for any loss or expense, including management time, that is as a consequence incurred by Havachat.
15. Governing Law And Dispute Resolution
You and Havachat agree that these Terms shall be governed by and construed in accordance with the laws of Nevada and that any dispute between you and Havachat concerning Havachat or arising out of or related to these Terms shall be resolved exclusively in the courts of the USA.
Except where prohibited by applicable law, any claim or cause of action by you concerning Havachat, or arising out of or related to these Terms, must be filed within one year after such claim or cause of action arose, or be forever barred.
16. Waiver And Severability
No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
17. General
The Terms constitute the sole and entire agreement between you and Havachat regarding the App / Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
18. Contact
If you have any questions, comments, complaints or concerns about Havachat, please contact our support team at info@havachat.live