Terms of Use
Shop.ichato.com
("we," "us") owns and operates the
Shop.ichato.com
website (our "Site"), on which we provide the opportunity to
see if there is anyone who misses you, a way for users to meet each
other, and various other services (our Site and such services,
collectively, our "Service"). Your use of our Service is
subject to the following Terms and Conditions of Use (these
"Terms"). WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS
AT ANY TIME. YOUR CONTINUED USE OF OUR SERVICE CONSTITUTES YOUR
ACCEPTANCE OF SUCH CHANGES. ACCORDINGLY, YOU SHOULD REVIEW THESE TERMS
FROM TIME TO TIME FOR SUCH CHANGES.1. USER CONDUCTA. In your use of our Service, you agree to act responsibly in a manner
demonstrating the exercise of good judgment. For example and without
limitation, you agree not to: (a) violate any applicable law or
regulation, (b) infringe the rights of any third party, including
without limitation, intellectual property, privacy, publicity or
contractual rights, (c) use the information available through our
Service for any unauthorized purpose, (d) interfere with or damage our
Service, including, without limitation, through the use of viruses,
cancel bots, Trojan horses, harmful code, flood pings, denial of service
attacks, packet or IP spoofing, forged routing or electronic mail
address information or similar methods or technology, (e) use our
Service to transmit, distribute, post or submit any information
concerning any other person or entity, including without limitation,
photographs of others, personal contact information or credit, debit,
calling card or account numbers, (f) use our Service in connection with
the distribution of unsolicited commercial email ("Spam") or
advertisements, (g) "stalk" or harass any other user of our
Service, (h) collect or store any information about any other user other
than in the course of the permitted use of our Service, (i) use our
Service for any commercial purpose whatsoever or (j) assist any third
party in doing any of the foregoing.B. You are solely responsible for your interactions with other users of
our Service. We will not be responsible for any damage or harm resulting
from your interactions with other users of our Service. We reserve the
right, but have no obligation, to monitor interactions between you and
other users of our Service and take any other action in good faith to
restrict access to or the availability of any material that we or
another user of our Service may consider to be obscene, lewd,
lascivious, filthy, excessively violent, harassing or otherwise
objectionable.2. PRIVACYWe understand the concerns that you may have about your privacy and
respect your right to protect your personal information while online.
However, our Service is designed to allow users to post photographs and
information about themselves for public review and comment. Accordingly,
by submitting your photograph and/or any personal information, you
thereby waive any privacy expectations you have with respect to our use
of your likeness or personal information provided to us. If you do not
wish to have your picture or information about yourself viewed by or
disclosed to others, do not use our Service. We may collect certain
other personal information from you that we do not post on our Site. In
most cases, we do not intentionally transfer this information to
unaffiliated third parties without your consent. However, we reserve the
right to transfer such information without your consent to prevent an
emergency, to protect or enforce our rights, to protect or enforce the
rights of a third party or in response to a court order or subpoena as
otherwise required or permitted by law. In addition, we provide this
personal information to third-party service providers who help us
maintain our Service and deliver information and services to you and
other users of our Service.3. MINORSOur Service is intended for persons 18 years or older and we will not
knowingly permit anyone under the age of 18 to use our Service.4. USER CONTENTA. By submitting any content (including without limitation, your
photograph) to our Site, you hereby grant us a perpetual, worldwide,
non-exclusive, royalty-free right and license to use, reproduce,
display, perform, adapt, modify, distribute, have distributed and
promote such content in any form, in all media now known or hereinafter
created, anywhere in the world, and for any purpose.B. You are solely responsible for any content that you submit, post or
transmit via our Service. You agree not to post or submit any content
that: (a) is libelous, defamatory or slanderous, (b) contains sexually
explicit content (including nudity), (c) may denigrate any ethnic,
racial, sexual or religious group by stereotypical depiction or
otherwise, (d) exploits images or the likeness of individuals under 18
years of age, (e) encourages or otherwise depicts glamorized drug use
(including alcohol and cigarettes), (f) makes use of offensive language
or images, (g) characterizes violence as acceptable, glamorous or
desirable, or (h) contains any of your personal contact information
other than your email address.C. We have no obligation to post any content that you or anyone else
submits. In addition, we may, in our sole and unfettered discretion,
edit, remove or delete any content that you post or submit.5. THIRD PARTY CONTENTIn your use of our Service, you may access content from third parties
("Third Party Content"), either via our Service or through
links to third party web sites. We do not control Third Party Content
and make no representations or warranties about it. You agree that by
using our Service, you may be exposed to Third Party Content that is
false, offensive, indecent or otherwise objectionable. Under no
circumstances will we be liable in any way for any Third Party Content,
including, without limitation, any errors or omissions in any Third
Party Content or any loss or damage of any kind incurred as a result of
the use of any Third Party Content posted, stored or transmitted via our
Service. You agree that you must evaluate, and bear all risks associated
with, Third Party Content, including without limitation, profiles of
other users of our Service.6. PROPRIETARY RIGHTSA. You agree that all content and materials available on our Site are
protected by rights of publicity, copyright, trademarks, service marks,
patents, trade secrets or other proprietary rights and laws. Except as
expressly authorized by us, you agree not to sell, license, rent,
modify, distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit or create derivative works from
materials or content available on our Site. Notwithstanding the above,
you may use the content and materials on our Site in the course of your
normal, personal, non-commercial use of our Service.B. You agree not to systematically retrieve data or other content or
any materials from our Site to create or compile, directly or
indirectly, a collection, compilation, database, directory or the like,
whether by manual methods, through the use of "bots" or
otherwise. You agree not to use of any of our trademarks as metatags on
other web sites. You agree not to display any of our Site in a frame (or
any of our content via in-line links) without our express written
permission, which may be requested by contacting us at
parkjins33@yahoo.com. You may, however, establish ordinary links to the homepage of our Site
without our written permission.7. USERNAME AND PASSWORDYou will select a username and password when completing the
registration process. You are solely and fully responsible for
maintaining the confidentiality of your username and password, and are
solely and fully responsible for all activities that occur under your
username and password. You agree to: (a) immediately notify us of any
unauthorized use of your username and password or any other breach of
security and (b) ensure that you log off from your account at the end of
each session. We cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section 7.8. TERMINATIONYou agree that we, in our sole and unfettered discretion, may terminate
your access to our Service for any reason, including, without
limitation, your breach of these Terms. You agree that any termination
of your access to our Service may be effected without prior notice, and
acknowledge and agree that we may immediately deactivate or delete any
of your accounts and all related information and files in such accounts
and/or bar any further access to such files or our Service. Further, you
agree that we will not be liable to you or any third party for any
termination of your access to our Service.9. DISCONTINUANCE OF SERVICEWe reserve the right at any time to modify or discontinue, temporarily
or permanently, any portion of our Service with or without prior notice.
You agree that we will not be liable to you or to any third party for
any modification or discontinuance of our Service.10. REPRESENTATIONS AND WARRANTIESYou hereby represent and warrant to us that: (a) that you have the full
power and authority to enter into and perform under these Terms, (b)
your use our Service will not infringe the copyright, trademark, right
of publicity or any other legal right of any third party, (c) you will
comply with all applicable laws in using our Service and in engaging in
all other activities arising from, relating to or connected with these
Terms, including, without limitation, contacting other users of our
Service and (d) you own or otherwise have all rights necessary to
license the content you submit and that the posting and use of your
content by us will not infringe or violate the rights of any third
party.11. DISCLAIMER OF WARRANTIESYOU AGREE THAT:A. IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.B. WE DO NOT WARRANT THAT (A) OUR SERVICE WILL MEET YOUR REQUIREMENTS,
(B) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE
OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL
MEET YOUR EXPECTATIONS, (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT
WILL NOT BE DISCLOSED TO THIRD PARTIES OR (F) ANY ERRORS IN ANY DATA OR
SOFTWARE WILL BE CORRECTED.C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR
SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE
SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH
ACTIONS.D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN
FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THESE TERMS.12. LIMITS ON LIABILITYA. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING
TO OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE, (B)
THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED
OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM OUR SERVICE, (C) DISCLOSURE OF,
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, (D) STATEMENTS,
CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON
OUR SERVICE OR (E) ANY OTHER MATTER ARISING FROM, RELATING TO OR
CONNECTED WITH OUR SERVICE OR THESE TERMS.B. WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER
THESE TERMS OF USE WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND
OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL
ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR
DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE
FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO
PROCURE SUPPLIES OR MATERIALS.C. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY
IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR
THESE TERMS EXCEED THE SUM OF TWO HUNDRED ($200) DOLLARS.D. 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 LIMITATIONS OF SECTIONS
11 AND 12 MAY NOT APPLY TO YOU.13. INDEMNITYYou agree to defend, indemnify and hold us harmless from any claim,
demand, action, damage, loss, cost or expense, including without
limitation, reasonable attorneys' fees, incurred in connection with
any suit or proceeding brought against us arising out of your use of our
Service or alleging facts or circumstances that could constitute a
breach of any provision of these Terms by you. If you are obligated to
indemnify us, we will have the right, in our sole and unfettered
discretion, to control any action or proceeding and determine whether we
wish to settle it, and if so, on what terms.14. ARBITRATIONAll disputes arising out of or relating to these Terms or your use of
our Service will be exclusively resolved under binding arbitration held
in the United States before and in accordance with the Rules of the
American Arbitration Association.15. MISCELLANEOUSThese Terms shall be interpreted in accordance with the laws of the
United States without reference to conflict of law principles. These
Terms contain the entire understanding of the parties regarding their
subject matter, and supersede all prior and contemporaneous agreements
and understandings between the parties regarding their subject matter.
No failure or delay by a party in exercising any right, power or
privilege under these Terms shall operate as a waiver thereof. The
invalidity or unenforceability of any of these Terms shall not affect
the validity or enforceability of any other of these Terms, all of which
shall remain in full force and effect.