User and Supporter Terms
CHATTERR LLC (“Chatter Live”)USER AND SUPPORTER TERMS
Last Modified: July 1, 2023
1. Your Acceptance
Welcome to theChatter LiveUser andSupporterTerms. This is an agreement(“Agreement”) between Chatterr, LLC (“Chatter Live"), the owner and operator of www.chatterlive.com and the Chatter Live software, application, components, and any associated services offered (collectively the “Platform”) and you (“you”, “your”, or “User”).
Throughout this Agreement, the words “Chatter Live,” “us,” “we,” and“our,” refer to our company, Chatter Live, as is appropriate in the context of the use of the words.
2. Registering for an Account
After registering and properly paying for our Platform, where required, we shall grant you access to the Platform as permitted by us and in accordance with this Agreement. All rights not explicitly granted are reserved for Chatter Live. If you breach this Agreement, your access to use our Platform may be terminated at our discretion. Additionally, we may revoke your access to our Platform if we believe that your actions may harm us, our business interests, or any third party rights. Failure by us to revoke your access does not act as a waiver of your conduct.
4. Platform Ownership
You acknowledge that the structure, organization, and code of the Platform, any hosted services, and all related software components are proprietary to Chatter Live and/or Chatter Live 'licensors and that Chatter Live and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by Chatter Live. You shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Platform, access to the Platform, or any portions of the Platform including any modifications, enhancements, derivatives, and other software and materials developed hereunder by Chatter Live to others in violation of this Agreement. You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by Chatter Live.
5. Platform and Services
The Chatter Live Platform connects Users with Clients (defined within the Chatter Live Client Agreement) and allows Supporters to send Stars (defined below) to Clients as Contributions (defined below). All information and content provided by Chatter Live relating to the Platform is for informational purposes only, and Chatter Live does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. You acknowledge that all information and content accessed by you using the Platform is at your own risk. You may use the Platform solely as allowed and provided for by Chatter Live. Please be aware that the Platform is offered “as-is” and “as-available”. We reserve the right to modify, update, remove, delete, or otherwise change the Platform, any portions of it, or any services offered at our discretion.
6. User Privacy
7. Use of the Platform
When using our Platform, you are responsible for your use of the Platform. You agree to the following:
You way not copy, distribute, access, or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping” or unauthorized use of the server API;
You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
You may not use automated bots or other software to send more messages through our Platform than humanly possible;
You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake;
You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
You may not access our Platform in an attempt to build a similar or other competitive product;
You may not use the Platform in an unlawful manner;
You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
You may not collect or harvest any personally identifiable information, including account names, except where permitted, from the Platform;
You may not violate or infringe other people's intellectual property, privacy, or other contractual rights while using our Platform;
You may not violate any requirements, procedures, policies or regulations of networks connected to Chatter Live;
You may not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it or derive income from the use or provision of the Platform unless enabled through the functionality of our Platform;
You may not interfere with or disrupt the Platform;
You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
You agree that you will not hold Chatter Live responsible for your use of our Platform; and
You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Platform, including the de-indexing or de-caching of any portion of our Platform from a thirty party’s website, such as by requesting its removal from a search engine.
If you are discovered to be undertaking any of the aforementioned actions, your privileges to use our Platform may at our discretion be terminated or suspended. Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Chatter Live reserves the right to suspend or terminate any account at any time without notice or explanation.
8. User Content
Any User’s ability to submit or transmit any information through the Platform, including but not limited to Client Content (defined in the Chatter Live Client Terms), data, recordings, information, written content, images, videos, or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.
When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.
When you submit any User Content to us, you grant Chatter Live, its partners, affiliates, Users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for any and all purposes .UserContent will be shared with third parties and all Users understand that their User Content may be broadcast, transmitted, and shared with the general public at large. Chatter Live has no liability to Users for any User Content including all data, information, copy, images, URL names, and anything else submitted by you or any third parties using the Platform. Specifically, Chatter Live shall not be liable for any errors related to any User Content. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you
9. User Content Guidelines
Please be aware that all User Content may be viewed by third parties, thus we cannot guarantee the confidentiality of any User Content. When submitting any User Content you agree to the following:
You agree that User Content submitted is truthful, up-to-date, and accurate;
You agree not to submit any User Content that contains any confidential information;
You agree not to submit any User Content that contains nudity, or sexual, or explicit content;
You agree not to submit any User Content that depicts gratuitous violence, animal or child abuse, or encourages violence against others;
You agree not to submit any User Content contains hate speech or promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity;
You agree not to submit any User Content that is considered spam or politically controversial; and
You agree not to submit any User Content that may be considered: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If you have violated any of our User Content Guidelines or if you we believe that any User Content may harm the Platform, your access to the Platform may be suspended or terminated.
10. Monitoring User Content
Chatter Live shall have the right, but not the obligation, to monitor all User Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Chatter Live shall have the right, but not the obligation, to remove any User Content at its sole discretion. For example, we may remove User Content if we believe that any User Content may harm us or our business interests or violate any United States laws or regulations. We have no obligation to retain or provide you with copies of any User Content after your termination of this Agreement.
11. Platform Availability
Although we try to provide continuous availability to you, we do not guarantee that the Platform along with any offered Chatter Live services will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. You agree and acknowledge that the Platform uses remote access and may not always be either 100% reliable or available. Only Users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.
12. Modification of Platform
We reserve the right to alter, modify, update, or remove the Platform or any Chatter Live services, at any time at our discretion. We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform or the Chatter Live services. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications or provide you access to previous versions of our Platform.
13. User Account Holds
From time to time, Chatter Live may place a hold (“Hold”) on a User’s account. Some of the reasons that we may place a Hold on User’s account include but are not limited to the following: (1) if we have reason that User’s actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right; (2) at the request of our payment processors or due to delayed payment; or (3) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If User has questions about a Hold we may have placed on User’s account, or need information about how to resolve the Hold, please contact us. Additionally, we may suspend User’s access to the Platform while such Hold is in place.
14. Intellectual Property
The name “Chatter Live” along with the design of the Chatter Live Platform and any text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein ("Marks"), are owned by or licensed to Chatter Live, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. Chatter Live reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution anything contained within the Platform unless we have given express written permission.
15. Idea Submission
Chatter Live or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Chatter Live. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Chatter Live’ products might seem similar to ideas you submitted to Chatter Live. Where you submit any Submission, whether solicited or unsolicited, you agree that: (1) your Submissions and their contents will automatically become the property of Chatter Live, without any compensation to you; (2) Chatter Live may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Chatter Live to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
THE PLATFORM IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CHATTER LIVE, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY CHATTER LIVE SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO CHATTER LIVE, OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. CHATTER LIVE DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. CHATTER LIVE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY USER CONTENT) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. CHATTER LIVE DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND CHATTER LIVE SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
17. Limitation of Liability
IN NO EVENT SHALL Chatter Live, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE CHATTER LIVE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (1) death or personal injury caused by Chatter Live’s negligence or that of any of its officers, employees or agents; (2) fraudulent misrepresentation; or (3) any liability which it is not lawful to exclude either now or IN THE FUTURE.
WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PURCHASED IN STARS (DEFINED BELOW) DURING THE PAST SIX (6) OR ONE HUNDRED USD, WHICHEVER IS LESSER.
You agree to defend, indemnify and hold harmless Chatter Live, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
your use of and access to the Chatter Live Platform and your interaction with any other users or Clients of the Platform;
your violation of any term of this Agreement; or
your violation of any third party right, including without limitation any copyright, property, or contractual right.
This defense and indemnification obligation will survive this Agreement and your use of the Chatter Live Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously. If you believe that any content owned by you has been infringed upon please send us a message which contains:
The name of the party whose copyright has been infringed, if different from your name.
The name and description of the work that is being infringed.
The location on our Platform of the infringing copy.
A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of Chatter Live, firstname.lastname@example.org Chatter LLC, (“Chatter Live”), PO Box 342229, Austin, TX 78734.
In the event that you receive a notification from Chatter Live stating content posted by you has been subject to a copyright takedown notice, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:
Your name, address, email and physical or electronic signature.
The notification reference number (if applicable).
Identification of the material and its location before it was removed.
A statement under penalty of perjury that the material was removed by mistake or misidentification.
Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your Vendor is located (if you are not in the US).
Your consent to accept service of process from the party who submitted the takedown notice.
Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice in accordance with the takedown notice instructions above.
20. Choice of Law
This Agreement shall be governed by the laws in force in the state of Texas. The offer and acceptance of this contract is deemed to have occurred in the state of Texas.
Any dispute relating in any way to your visit to the Platform or the Chatter Live services shall be submitted to confidential arbitration in Austin, TX. Arbitration under this Agreement shall be conducted pursuant to the applicable Consumer Rules (“Rules”) then prevailing at the American Arbitration Association found at adr.org. Arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where permitted by the Rules, both parties may make any and all appearances telephonically, in written briefs, or electronically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief) in a court of competent jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the above mentioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Travis County, TX.
You may opt-out of this dispute resolution provision by notifying Chatter Live within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier.
You must do so by writing to: Chatterr LLC (“Chatter Live”), PO Box 342229, Austin, TX 78734 Attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with Chatter Live through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Travis County, TX.
22. Class Action Waiver
This Agreement shall be governed by the laws in force in the state of Texas. The offer and acceptance of this contract is deemed to have occurred in the state of Texas. You and Chatter Live agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a Client action, representative action, collective action, or private attorney general action.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Chatter Live are deemed to conflict with each other’s operation, Chatter Live shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
25. Assignment and Survival
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Access, Payment, Indemnification, and Arbitration sections.
You may cancel your access to the Platform or terminate this Agreement any time via your Chatter Live dashboard or contacting us at email@example.com. Please be aware that upon termination of your account or subscription, access to all or portions of our Platform may be become immediately disabled and any User Content may become immediately inaccessible. We may terminate this Agreement with you if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm Chatter Live, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
27. Entire Agreement and Notices
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform and our Platform.
29. Electronic Communications
The communications between you and Chatter Live use electronic means, whether you visit the Platform or send Chatter Live e-mails, or whether Chatter Live posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from Chatter Live in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Chatter Live provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
30. Platform Issues
Where you have any questions, issues, or if you are having trouble accessing or using the Platform, please contact us at firstname.lastname@example.org.
31. California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Chatter Live must be sent to our agent for notice to: email@example.com or Chatterr LLC (“Chatter Live”), PO Box 342229, Austin, TX 78734.
California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
32. Additional Terms for Supporters
Where a User uses the Platform to purchase stars (“Stars”) either to access Client Content or to make a contribution (collectively a “Contribution”) to a Client through Client’s client page (“Client Page”), such User shall be referred to as a “Supporter”. Supporters are subject to all User terms and the additional terms as stated in Sections 32-40. We reserve the right to discontinue any services offered by the Platform at our discretion including all services used by Supporter to interact Chatter Live with the Platform.
33. Purchasing Stars
As a Supporter, you may be able to purchase Stars through the Platform to make a Contribution. You must have Stars to access certain services or functionality made available through the Platform, including certain Client Content. If you attempt to make a Contribution and you do not have sufficient Stars in your account to complete the purchase, you will be prompted and have the option to add Stars to your account during the check-out process for your order. Each Star shall have an approximate U.S. dollar value of $0.10. Prices for Stars are subject to change at any time, but changes will not affect any order you have placed before the price change. All sales of Stars are final. Star purchases are non-returnable and non-refundable. Stars cannot be resold, transferred for value, or applied to any other user account, whether such other account is operated by you or a third party. We may limit the number of Stars you can purchase or use within certain periods of time or implement other restrictions on the receipt or use of Stars. We may further restrict your ability to redeem your Stars based on your place of residence. You must not purchase Stars from any party other than us. You may redeem Stars through the Platform only by the method and within the scope as permitted by us. We may, in our sole discretion, place limitations on your redemption of Stars, such as a limit on the number of Stars you may redeem within a given period of time, except as may be prohibited by applicable law. If you have questions regarding any Stars purchased, please contact us at firstname.lastname@example.org.
34. Making a Contribution
Where enabled on a Client Page after the successful purchase of Stars, Supporter may make a Contribution to a Client through the Platform. Please be aware that any Contributions made to a Client are final and Chatter Live cannot reverse any Contributions. Where you are having an issue making a Contribution please contact the Client that controls the relevant Client Page. Any Contribution to a Client Page is subject to any terms or conditions a Client may have placed on such Contribution that may be listed in the ticket/access section of Client’s Client Page.
35. Support for Client Pages
Any Supporter questions or issues related to Contributions, a Client Page, any Client Content, or regarding a Client’s events or promotions should be directed to the Client and its authorized contacts. Chatter Live does not offer support for any Supporter related issues with a Client.
Supporter agrees to pay for all costs, fees, and taxes listed when purchasing Stars through the Platform. Please be aware that Chatter Live may charge a processing fee or other fee related to your purchase of Stars as stated at the time of checkout. Supporter authorizes Chatter Live or its third party payment processors to charge their method of payment on file at the time of purchase. Where applicable, you must agree to our third party payment processors terms and conditions for processing payments. You represent all information provided for payment is true, accurate, and up-to-date.
Please be aware that Contributions or any usage of Stars may not be tax deductible. Supporter is solely responsible for determining the tax status of the Client and any Contributions made and Chatter Live shall not be liable for any tax issues related to any Contribution and does not provide any tax advice related to any Contribution made by a Supporter. Please consult your own tax advisor regarding the status of any Contributions.
Clients and Supporters are solely responsible for resolving any disputes between the parties. Chatter Live may not assist in resolving any disputes, but reserves the right to do so. Where Chatter Live assists in a dispute, Supporter agrees to abide by any decisions made by Chatter Live with regards to such a dispute.
39. Supporters and Client
THE SUPPORTER AGREES TO HOLD CHATTER LIVE FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF YOUR ACCESS TO THE CLIENT PAGES, CLIENT CONTENT, OR YOUR INTERACTIONS WITH CLIENTS. CHATTER LIVE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY SUPPORTER OR CLIENT, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY CLIENT, CLIENT PAGE, OR ANY CLIENT CONTENT ENCOUNTERED BY SUPPORTER.
Supporter and Client are the solely responsible for resolving any disputes between any Supporter and Client. Although Chatter Live may display Client Content based on information provided by a Client; Chatter Live does not introduce, endorse, or recommend a Client to any Supporter. Any opinions, advice, or information expressed by any Client are those of the individual and the individual alone and they do not reflect the opinions of Chatter Live. Chatter Live does not direct, is not an employer, has no control over, makes no representations, and does not guarantee the quality, safety or legality of any Client Content or any actions by a Client.
Any contracts entered into between a Supporter and any Client is solely between those parties. Any agreements or services exchanged for any Contributions or Stars remain solely the obligations of the Supporter and the Client. Chatter Live may not be obligated and is not a party to any contract that parties may enter. Chatter Live has no control over the conduct of, or any information provided by, any Client or Client Content, and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that any information provided by a Client and do not endorse any Client including any Client’s request for a Contribution and we make no guarantee, express or implied, that any information provided through the Platform is accurate.
40. Cancellation or Refunds
Client Pages are set up and controlled by Clients thus any issues with a Contribution, any Stars given to a Client, Client Content, Client Pages, Client events, programs, or other offers, or any requests for refund are solely the responsibility of the Client. Chatter Live cannot assist Supporter in receiving a refund for Stars or reversing a Contribution without the authorization of a Client. All refunds, reversals, or cancellations are subject to any agreement that you, a Supporter, may have with the Client. Any such conditions may be displayed within the ticket/access section of a Client Page. You agree to waive any liability Chatter Live may have to you in regard to any refund or other issue with a Contribution or Stars sent to a Client. Where a refund for any Contribution is issued by a Client, Chatter Live may deduct service fees or other payment processing fees and Supporter agrees to the deduction of such fees for any Contribution refunded. Where the Client has failed to adhere to any of its Client policies related to any Contribution, please contact us.