These Terms of Service (“TOS”) are a legal agreement between you and The ChatBucket Group, Inc. (“TMG,” “we,” “us,” or “our”) and govern your access and/or use of the ChatBucket mobile application and website (“ChatBucket”) made available to you by us (the “Services”). If you have any questions or comments about these TOS, please contact us at [email protected].
By accepting these TOS, accessing or using ChatBucket, or otherwise manifesting your assent to these TOS, you agree to be bound by (i) these TOS, (ii) our Community Guidelines, and (iii) any additional or special terms for any additional features as may be posted from time to time (collectively, the “Agreement”). If you do not agree (or cannot comply) with all of the terms of these TOS or any other terms of the Agreement, you may not access or use ChatBucket. All information about how we process your personal information can be found in our Privacy Policy.
THE SECTION BELOW TITLED “ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND JURY TRIAL WAIVER” CONTAINS A BINDING ARBITRATION AGREEMENT, CLASS ACTION AND JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
We reserve the right to change these TOS at any time. You are responsible to keep yourself apprised of any such changes. If we make any material change to the TOS, we will notify you of such change when you open ChatBucket. If you object to any Terms of Service of the TOS or any subsequent changes or you become dissatisfied with ChatBucket in any way, your only option is to stop using ChatBucket. Your continued use of ChatBucket after we post revised TOS means that you agree to the revisions.
We use the term “Users” in these TOS to include all end users of ChatBucket, including end users who are streaming or broadcasting through ChatBucket (“Streamers”). ChatBucket operates within a network of other applications owned or operated by TMG and/or Live Partners (“Live Network”). To find out which Live Partners are in the Live Network, please click here.
You must be at least 18 years old to register for ChatBucket. If you are under the age of 18, you may not access or use ChatBucket. By accessing the Services and/or completing the registration process for ChatBucket, you represent that you are 18 years of age or older and can and will be legally bound by this Agreement.
ChatBucket is for your personal use only and you may not use it for any other purpose. You may not use ChatBucket in connection with any commercial activity without our express written approval. Companies and other organizations may not become Users of ChatBucket nor use ChatBucket without our express written approval. We reserve the right to investigate any suspected unauthorized uses of ChatBucket and we may take action in our sole discretion, including without limitation seeking legal, civil, criminal, or injunctive relief.
You may not use ChatBucket where prohibited by law, and you agree to comply with all local rules regarding online conduct and acceptable content.
To access and use ChatBucket you will need to register. To do this, you will need to choose an available registration option, such as email, SMS, Sign in with Apple, Sign in with Google or Facebook, and provide login credentials, such as email address and a password of your choice. You are responsible for keeping your password and account credentials confidential. Furthermore, you are responsible for any and all culpably caused activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security once you receive knowledge of it.
You can delete your account by going to Settings and selecting the option to delete your account.
We may delete your account if you are inactive for more than two years. To prevent this you have to log in at least once every two years.
You may purchase a subscription product in various packages, such as one-month, three-month, or six-month subscriptions. A purchase of a subscription concluded, billed, charged, renewed and can be cancelled or terminated as described in these TOSs. If you purchase through the Apple App Store or Google Play, your purchase is subject to the technical standards and principles established by Apple or Google, over which we have no control. Your subscription will renew automatically for the same amount of time as your original subscription unless you switch off the auto-renew feature at least 24 hours before the end of your current subscription. This is because your account may be charged for renewal within 24 hours prior to the end of your current subscription period. You can manage your subscription and switch off auto-renewal by accessing your Apple or Google account settings. You can also follow the instructions how to cancel a subscription provided by Apple (https://getsupport.apple.com/) or Google (https://support.google.com/googleplay/). You may not cancel your current subscription during the subscription period, although you may cancel automatic renewal at any time.
If you subscribed through the Apple App Store, refunds are handled by Apple, not us. You can request a refund from Apple as described above. All other users may request a refund by contacting us at [email protected], or by mailing or delivering a signed and dated notice that states that you are cancelling this agreement, or words of similar effect. Please also include your name and the email address, phone number, or other unique identifier you used to sign up for your account. This notice shall be sent to: The ChatBucket Group, Attn: Cancellations, 100 Union Square Drive, New Hope, PA 18938, USA.
Both Apple and Google facilitate “free trials” of subscription products for first-time users and we may take advantage of that ability. For example, from time to time we may offer a free initial week to first-time subscribers. Eligibility for any such trial is limited to users who have not previously subscribed, through either a current or prior ChatBucket account. If you are a previous subscriber and try to claim a free trial, you should be aware that Apple or Google may recognize your ineligibility. If so, you may not receive a free trial, but instead may be charged immediately for your first subscription month. This is a feature controlled by the Apple App Store or the Google Play Store, depending on which platform you use for ChatBucket.
Generally, purchases of subscriptions are non-refundable (unless special terms for refunds apply in your region) and non-transferable, even if they expire or are discontinued. We may change the purchase price for subscriptions at any time, as well as the features included in subscriptions. We reserve the right to stop issuing subscriptions at any time and to set expiration dates for subscriptions. Subscriptions may not be redeemed for any sum of money or monetary value. If you delete your account or your account is terminated for any reason, you will lose all unused subscription time without refund or other compensation.
You have the right to terminate (or withdraw from) your subscription within fourteen (14) days of acceptance, for any reason. For residents of the European Economic Area, please refer to section 22 for further information on this right. In addition, where required by law, your estate is entitled to claim a refund of the unused portion of your subscription if you die during the term of the subscription.
In order to exercise either of these rights, you (or, if applicable, your estate) must notify us by registered mail at The ChatBucket Group, Inc., 100 Union Square Drive, New Hope, PA 18938, Attention: Member Services, or by email at [email protected] with a clear declaration of your decision to terminate your subscription.
In order to meet the termination deadline, you should send us notification of your exercise of the right of termination prior to the expiration of the fourteen-day termination period.
If you terminate (or withdraw) from your subscription, we will refund the payments we have received from you, minus any amount of Credits that you have consumed. If you wish to terminate (or withdraw from) your purchase of Credits, we will refund the payments we have received from you, minus any amount of Credits that you have consumed. If you are an Android user, we will use the same means of payment that you used for the original transaction. If you are an iOS, personal computer, or mobile web user, we will refund you by paper check or PayPal if you provide the proper contact information to process these payments. In no case will you be charged for this refund.
You can purchase or otherwise obtain “Credits” from us. Credits give you a limited, non-transferable, non-sublicensable, revocable right to activate in-app features like virtual gifts on ChatBucket. Virtual gifts are live animations which are provided by ChatBucket. You may trigger a virtual gift in the stream of a Streamer within the Live Network.
If you purchase through the Apple App Store or Google Play, your purchase is subject to the technical standards and principles established by Apple or Google, over which we have no control.
If you trigger a virtual gift, this does not create a contractual relationship between you and the Streamer in whose stream the gift is triggered. Whether and to what extent a Streamer receives diamonds is entirely at our discretion. Credits are non-refundable even if they expire, are revoked or are discontinued. The price for each virtual gift will be displayed at the point of purchase. All sales of Credits are final, and we do not offer credit or refund for any purchased Credits. When you receive virtual gifts from other Users, you do not own them. Instead, you receive a specified corresponding number of Diamonds which may be used as set forth below. We are not responsible for repairing or replacing virtual gifts or providing you or any third party with any credit or refund in the event that we modify, suspend, or terminate the virtual gift program, or for loss or damage due to any service error, or any other reason. Credits may be used only within the Live Network and have no application or value (cash or otherwise) outside of the Live Network. Credits may not be converted into, or redeemed for, fiat currency or Diamonds within the Live Network. Credits are also not redeemable for real-world goods, services, discounts or purchases and are intended solely for use within the Live Network.
We may at any time change the purchase price for Credits or the number of Credit that you may redeem for a particular virtual gift at any time, as well as the ways you can use Credits and virtual gifts. We reserve the right to revoke or stop the sale of Credits and redemption of virtual gifts at any time without notice, refund, or compensation, and to set expiration dates for Credits and virtual gifts. Credits and virtual gifts may not be redeemed for any sum of money or monetary value. If you delete your account or your account is terminated for any reason, or your account is banned due to violations of our Content and Conduct Policy or any other reason, you will lose all accumulated Credits without notice, refund or other compensation. You agree that we will have no liability to you, any other user, Content Provider or other third-party based on our exercise of our rights with respect to Credits and virtual gifts.
Credits and virtual gifts purchased or received by any user do not constitute property or money and are not transferable. All Credits in your account are forfeited if you delete your account or your account is blocked or deleted for any reason.
Streamers may receive a certain amount of virtual diamonds (“Diamonds”) for virtual gifts that are triggered by other Users during their Livestream (“Diamond Reward”), as determined by us. In addition, Streamers may receive Diamonds through other means, in our sole discretion. Streamers may be able to redeem Diamonds for fiat currency or convert the Diamonds into Credits at rates and at times specified by us in our sole discretion. In order to cash out Diamonds, a Streamer must (1) fill out any forms that may be requested, including tax or other government forms (e.g., an IRS form W-9 for U.S. taxpayers and an IRS form W-8 for non-U.S. taxpayers), (2) cash out at least the minimum amount as required by us from time to time worth of Diamonds for each request, (3) meet the eligibility requirements of any third-party vendor, and (4) successfully complete our identity verification and eligibility requirements. We reserve the right to clawback or recover Diamonds or decline or cancel any cash out for any reason, including if any documentation you provide appears to be inaccurate in our sole discretion, if we suspect you have engaged in Credit farming (where a User or a group of Users create or use accounts to collect free Credits in a systematic manner, or obtaining free Credits by means of manipulation, deception or exploitation of programming errors), self-gifting (when a Streamer gives themselves virtual gifts, directly or indirectly, with their own account or a different second user account, whether be it their own profile or the profile of a third party controlled by the Streamer), group-gifting (when several Users cooperate and give each other virtual gifts with the main purpose of increasing their Diamond reward), or any other conduct similar in nature to the aforementioned conduct, fraud or other illegal activity, if we cannot verify your identity, or for any regulatory or legal reasons in our sole discretion. You may cash out only once per day. We may change the minimum increments for redemption of Diamonds and frequency from time to time, and we reserve the right to do so at any time without notice. We will also determine the rate of redemption in our sole discretion and we may change the rate from time to time without notice. The rate will be displayed at the point of redemption. You agree that we have the absolute right to manage, modify, and/or eliminate such redemption rights in our sole discretion. The cost of the virtual gifts that you give to another User may not correlate to the amount of Diamonds or the amount of cash reward such User is entitled to receive from us. You agree that we will have no liability to you, any other User, including without limitation a Streamer or any third-party based on our exercise of our rights with respect to the Diamonds and any redemption for cash reward.
We use one or more third-party vendors for cash redemption, and Streamers wishing to redeem Diamonds for cash must (1) have a valid account with the third-party vendor (if required), (2) must agree to the vendor’s Terms of Service, privacy policy and all other policies and procedures (“Third-Party Policies”), and (3) be responsible for any charges that the third-party vendor may impose. You are responsible for all transaction fees in connection with the redemption. You understand that information submitted during the cash redemption process will be collected, used, and stored by the third-party vendor in accordance with the Third-Party Policies, and will not be under our control. You understand that we have no control over our third-party vendor’s practices, and you release TMG from any and all liability associated with information submitted to the third-party vendor, including, without limitation, liability related to the unauthorized release or use of your information or any other user information.
We reserve the right to verify your identity and eligibility to receive cash redemptions prior to payment.
Diamonds do not constitute property or money and are not transferable. All Diamonds in your account are forfeited if you delete your account or your account is blocked or deleted for any reason.
All Users who redeem Diamonds for cash rewards are solely responsible for the reporting and payment of any taxes due on the amounts redeemed. You acknowledge and agree that we and our payment vendors may report any cash rewards you receive to the IRS or other applicable tax administrator. To the extent we are required to withhold amounts under applicable law, you agree that we may do so.
You acknowledge and agree that we are not a money service business, money transmitter, depository institution or bank.
We agree to comply with applicable law, including U.S. trade control laws and U.S. sanctions laws and regulations. By agreeing to these terms, you represent and warrant that you (1) are not located or domiciled; do not have a place of business; and/or are not conducting business (any of which would make you a “ Resident”) in a jurisdiction in which access to or use of ChatBucket is prohibited by applicable law, decree, regulation, treaty, or administrative act, (2) are not a Resident of, or located in a jurisdiction that is subject to U.S. or other sovereign country sanctions or embargoes, and/or (3) are not an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, you will immediately cease using ChatBucket and we may refuse to deliver payments to you.
You acknowledge and agree that you are not an agent, employee or representative of TMG and the Agreement does not create nor may be construed as any employment relationship, joint venture or partnership with you and TMG.
You may not engage in any activity involving spam on ChatBucket. Violations of this policy may result in immediate termination of service and legal action against any spammer. Accordingly, you may not upload, post, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation on or through ChatBucket. Violations of this policy could subject you or your agents to civil and criminal penalties.
By Content we mean all data, text, software, music, sound, photographs, graphics, artwork, video, pictures, images, posts, broadcasts, messages or other materials of any kind, whether publicly posted or privately transmitted on ChatBucket. Any Content you upload, transmit, publish or stream is your sole responsibility. You represent and warrant that when you upload, transmit, publish or stream Content on ChatBucket that you own or have the necessary licenses, rights, consents and permissions to do so. We are not responsible for any Content that you upload, transmit, publish or stream on ChatBucket. We do not control the posted Content and, as such, we do not control its accuracy, integrity, quality or any other aspect. Under no circumstances are we liable to you or to any third party in any way for any Content, including but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content.
You hereby grant us a perpetual, assignable, world-wide, royalty free, sub-licensable and non-exclusive license to use, distribute, reproduce, record, modify, adapt, process, combine, synchronize, create derivative works from, publish, publicly perform and publicly display such Content (including your user name and likeness) on our owned & operated websites or applications (“TMG Apps”), on the other applications and websites not owned by us with which we share our live platform (“Live Partners”) and elsewhere in any and all media or distribution methods (now known or later developed) for any promotional and other commercial purpose, whether by us, our partners or other third parties, in our sole discretion.
This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for us to provide, promote, and improve ChatBucket, TMG Apps and websites or applications of our Live Partners and to make Content submitted to or on Thrive available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our Terms of Service for such Content use. Such additional uses by us, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available on ChatBucket.
We may use your feedback, comments and suggestions without any obligation to compensate you for them. We may continue to use and make available any and all Content and we will continue to have all of these rights even if your account is terminated.
You acknowledge and agree that we do not promise to screen or monitor Content, but that we have the right to do so. We have the right to remove any Content that violates the Agreement or that we or others find objectionable. You accept liability associated with the use of any Content, including but not limited to your reliance on the accuracy, completeness, or usefulness of such Content. We reserve the right to block or change your access to ChatBucket, or to remove features from your accounts used to access ChatBucket, such as Levels, VIP Badges and Diamonds, in our sole discretion.
You may not reproduce, republish, further distribute or publicly perform or exhibit any Content on ChatBucket that is not yours.
We may establish general practices and limits concerning use of ChatBucket, including without limitation the number of days that we retain Content, the number and size of posts and messages you may send or receive, and the space we allot on our servers for your use. We have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content.
We may at any time and from time to time modify, restrict your access to or discontinue ChatBucket or any feature within ChatBucket, temporarily or permanently, with or without notice. We are not liable to you or to any third party for any modification, suspension or discontinuance of ChatBucket.
We may without prior warning or subsequent notice terminate your access to ChatBucket for any or no reason. We may decide to terminate your access for a number of different reasons, including without limitation (1) if you violate or fail to comply with the Agreement, including our Content and Conduct Policy or other related agreements or guidelines, (2) if you provide false information in your profile, (3) if you do not use ChatBucket for an extended period of time, (4) by request of law enforcement or other government agencies, (5) for discontinuance or changes made to ChatBucket or any part thereof, or (6) technical or security issues or problems. We will make all termination decisions in our sole discretion, and we will not be liable to you or any third party for any termination of your account or access to your Content or ChatBucket.
Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. ChatBucket may provide, or third parties may provide, links to other websites or resources. We have no control over such sites and resources and we are not responsible for their availability. We do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further agree that we will not be responsible or liable, directly or indirectly, to you or any third party for any damage or loss of any sort caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Your correspondence or dealings with, or participation in promotions of, advertisers found on or through ChatBucket, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. We are not responsible or liable to you or to any third party for any loss or damage of any sort caused or alleged to be caused in connection with any such dealings or as the result of the presence of such advertisers on ChatBucket. We will not be liable to you or to any third party for any failure by an advertiser to provide any service or product you ordered from it.
WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON OUR USERS. We reserve the right, however, to conduct any criminal background check or other checks we deem appropriate, at any time, using available public records. BY AGREEING TO THESE TOS, YOU HEREBY AUTHORIZE ANY SUCH CHECKS.
We care about your safety and have created a resource to help you to use our products and services, including ChatBucket. Please visit http://www.chatbucket.chat for important tips to help you stay safe online.
By requesting to use, or using ChatBucket, you represent and warrant that you are not required to register as a sex offender with any government entity.
You are solely liable and responsible for your interactions with other Users on ChatBucket. We reserve the right to monitor disputes between you and other Users, but we have no obligation to do so.
You may view livestreams of video game play or other visual content on ChatBucket that may expose you to flashing lights or light patterns. A very small percentage of individuals may experience epileptic seizures when exposed to certain flashing lights or lights patterns that may appear in video games or other visual content. Exposure to certain patterns or backgrounds on a computer screen, or while viewing livestreams of video game play or other visual content, may induce an epileptic seizure in these individuals. Certain conditions may induce previously undetected epileptic symptoms even in persons who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to viewing livestreams of video game play or content on ChatBucket. If you experience any of the following symptoms while viewing livestreams of video game play or other content on ChatBucket — dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions — IMMEDIATELY discontinue use and consult your physician before resuming your viewing.
YOU USE ChatBucket AT YOUR SOLE RISK. WE PROVIDE ChatBucket ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
WE DO NOT GUARANTEE THAT ChatBucket WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT ChatBucket WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE MAKE NO WARRANTY THAT (1) ChatBucket WILL MEET YOUR REQUIREMENTS, (2) ChatBucket WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF ChatBucket WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH ChatBucket WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY CONTENT, INFORMATION, OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH ChatBucket IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR ANOTHERS’ DEVICE OR COMPUTER OR LOSS OF DATA OR ANY OTHER DAMAGE OR LOSS THAT RESULTS, DIRECTLY OR INDIRECTLY, FROM THE DOWNLOAD OF ANY SUCH CONTENT, INFORMATION OR MATERIAL