Welcome to Onai.Chat!
Vergil Services Inc., (“Onai.Chat” “we,” “us,” “our”) provides its services (described below) to you through its website located at Onai.Chat (the “Site”) and through its related services (collectively, such services, including any new features and applications, and the Site, the “Onai.Chat Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Onai.Chat Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Onai.Chat Services or changes made for legal reasons will be effective immediately. Your continued use of the Onai.Chat Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Onai.Chat Service from time to time, including, without limitation, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Service.
Access and Use of the Onai.Chat Service
Onai.Chat Service Description: The Onai.Chat Service is a platform for the creation, discovery, and sharing of adult live webcams.
Your Registration Obligations: You may be required to register with Onai.Chat in order to access and use certain features of the Onai.Chat Service. If you choose to register for the Onai.Chat Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Onai.Chat Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy.
Who May Use Gfycat: You must be at least 18 years old or have otherwise reached the age of “majority” where you live in order to use the Onai.Chat Service.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Onai.Chat of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Onai.Chat Service. Onai.Chat will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Onai.Chat Service: Onai.Chat reserves the right to modify or discontinue, temporarily or permanently, the Onai.Chat Service (or any part thereof) with or without notice. You agree that Onai.Chat will not be liable to you or to any third party for any modification, suspension or discontinuance of the Onai.Chat Service.
General Practices Regarding Use and Storage: You acknowledge that Onai.Chat may establish general practices and limits concerning use of the Onai.Chat Service, including without limitation the the maximum period of time that data or other content will be retained by the Onai.Chat Service and the maximum storage space that will be allotted on Onai.Chat’s servers on your behalf. You acknowledge that Onai.Chat reserves the right to remove content that has not been accessed in 1 year. You agree that Onai.Chat has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Onai.Chat Service. You acknowledge that Onai.Chat reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Onai.Chat reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Onai.Chat Services: The Onai.Chat Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Onai.Chat Service via a mobile device and (ii) the ability to browse the Onai.Chat Service and the Site from a mobile device (collectively, the “Mobile Onai.Chat Services”). To the extent you access the Onai.Chat Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Onai.Chat Services may be prohibited or restricted by your carrier, and not all Mobile Onai.Chat Services may work with all carriers or devices. By using the Mobile Onai.Chat Services, you agree that we may communicate with you regarding Onai.Chat and other entities by push notification or other electronic means to your mobile device and that certain information about your usage of the Mobile Onai.Chat Services may be communicated to us.
Conditions of Use
User Conduct: Your limited license to use the Onai.Chat Service is subject to your compliance with these Terms of Service. You understand that by using the Onai.Chat Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Onai.Chat Services and, we cannot take responsibility for such Content.
The following are examples of the kind of content and/or use that is illegal or prohibited by Onai.Chat. Onai.Chat reserves the right to investigate and take appropriate legal action against anyone who, in Onai.Chat’s sole discretion, violates this provision, including without limitation, removing the offending content from the Onai.Chat Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Onai.Chat Service to:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, obscene, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Onai.Chat, is objectionable or which restricts or inhibits any other person from using or enjoying the Onai.Chat Service, or which may expose Onai.Chat or its users to any harm or liability of any type;
- interfere with or disrupt the Onai.Chat Service or servers or networks connected to the Onai.Chat Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Onai.Chat Service;
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from any other user of the Onai.Chat Service;
- harvest or collect email addresses or other contact information of other users from the Onai.Chat Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- distribute or copy, in any medium, any content that is obtained through the Onai.Chat Service without Onai.Chat's prior written authorization (other than your User Content (as defined below) that you legally upload to the Onai.Chat Service), unless Onai.Chat makes available the means for such distribution through functionality offered by the Onai.Chat Service;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Onai.Chat Service.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Onai.Chat Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Onai.Chat Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Onai.Chat Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Onai.Chat Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Onai.Chat Service, use of the Onai.Chat Service, or access to the Onai.Chat Service. The Onai.Chat Service is for your personal use. Without limitation, you agree not to use the Onai.Chat Service for any of the following uses unless you obtain Onai.Chat's prior written approval: (i) the sale of access to the Onai.Chat Service or any Onai.Chat Service Content; (ii) the sale of advertising, sponsorships, or promotions placed on or within the Onai.Chat Service or Onai.Chat Service Content; or (iii) the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Onai.Chat Service, unless other material not obtained from Onai.Chat appears on the same page and is the basis for such sales.
You agree not to collect or harvest any personally identifiable information, including account names, from the Onai.Chat Service, nor to use the communication systems provided by the Onai.Chat Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Onai.Chat Service with respect to their User Content (as defined below).
Intellectual Property Rights
Onai.Chat Service Content, Software and Trademarks: You acknowledge and agree that the Onai.Chat Service contains content or features (“Onai.Chat Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. If you are blocked by Onai.Chat from accessing the Onai.Chat Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Onai.Chat Service or the Onai.Chat Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Onai.Chat Service or distributed in connection therewith are the property of Onai.Chat, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Onai.Chat.
The Onai.Chat name and logos are trademarks and service marks of Onai.Chat (collectively the “Onai.Chat Trademarks”). Other company, product, and service names and logos used and displayed via the Onai.Chat Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Onai.Chat. Nothing in this Terms of Service or the Onai.Chat Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Onai.Chat Trademarks displayed on the Onai.Chat Service, without our prior written permission in each instance. All goodwill generated from the use of Onai.Chat Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Onai.Chat be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for 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 such content. You acknowledge that Onai.Chat does not pre-screen content, but that Onai.Chat and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Onai.Chat Service. Without limiting the foregoing, Onai.Chat and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Onai.Chat, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or the usefulness of such content.
User Content Transmitted Through the Onai.Chat Service: With respect to the content or other materials, you upload through the Onai.Chat Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all rights, title and interest in and to such User Content, including, without limitation, all copyrights, and rights of publicity contained therein or you have all necessary rights to submit or post such User Content to the Onai.Chat Service and that you have obtained consent from an individuals who appear in such User Content, to submit or post that Content to the Onai.Chat Service. By uploading any User Content you hereby grant and will grant Onai.Chat and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Onai.Chat Service or the promotion, advertising or marketing thereof in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Onai.Chat Service (“Submissions”), provided by you to Onai.Chat are non-confidential and Onai.Chat will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Onai.Chat may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Onai.Chat, its users and the public. You understand that the technical processing and transmission of the Onai.Chat Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Access to the Onai.Chat Service/Limitations: Except as expressly authorized by Onai.Chat in writing, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Onai.Chat Service and/or the Onai.Chat Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Onai.Chat Service.
You agree not to access the Onai.Chat Service and/or the Onai.Chat Service Content through any technology or means other than your personal use of the pages of the Onai.Chat Service itself through your personal computer device using a conventional online web browser. In connection with your use of the Onai.Chat Service, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that access the Onai.Chat Service or the Onai.Chat Service Content. Notwithstanding the foregoing, Onai.Chat grants the operators of public search engines (that are in the business of generic Internet search and not, without limitation, for purposes of developing a competing platform) permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Onai.Chat reserves the right to revoke these exceptions either generally or in specific cases.
Third Party Websites
The Onai.Chat Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Onai.Chat has no control over such sites and resources and Onai.Chat is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Onai.Chat will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Onai.Chat Service are between you and the third party, and you agree that Onai.Chat is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
You agree to release, indemnify and hold Onai.Chat and its affiliates and their officers, employees, directors, and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Onai.Chat Service, any User Content, your connection to the Onai.Chat Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
YOUR USE OF THE INMY.CAM SERVICE IS AT YOUR SOLE RISK. THE INMY.CAM SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INMY.CAM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
INMY.CAM MAKES NO WARRANTY THAT (I) THE INMY.CAM SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE INMY.CAM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE INMY.CAM SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE INMY.CAM SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INMY.CAM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INMY.CAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE INMY.CAM SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE INMY.CAM SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE INMY.CAM SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE INMY.CAM SERVICE. IN NO EVENT WILL INMY.CAM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID INMY.CAM IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND AN EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE INMY.CAM SERVICE.
Dispute Resolution By Binding Arbitration (PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.)
Agreement to Arbitrate
This The section entitled “Dispute Resolution by Binding Arbitration” is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Onai.Chat, whether relating to these Terms of Service (including any alleged breach thereof), the Onai.Chat Services, any advertising, any aspect of the relationship between us, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration The agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies and such agencies can, if the law allows, seek relief against us on your behalf. You agree that by entering into this Terms of Service, you and Onai.Chat are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND Onai.Chat AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND INMY.CAM AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
Pre-Arbitration Dispute Resolution
Onai.Chat is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support at Onai.Chat.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Onai.Chat should be sent to [943 Howard Street, San Francisco, CA 94103, Attn: Onai.Chat Legal] (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If Onai.Chat and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Onai.Chat may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Onai.Chat or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Onai.Chat is entitled.
Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability
If a court decides that any term or provision of this Arbitration Agreement other than the section entitled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of the section entitled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The the remainder of the Terms of Service will continue to apply.
Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, Onai.Chat agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Onai.Chat Services, you may reject any such change by sending Onai.Chat written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement.
Termination
You agree that Onai.Chat, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Onai.Chat Service and remove and discard any content within the Onai.Chat Service, including User Content, for any reason, including, without limitation, for lack of use or if Onai.Chat believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Onai.Chat Service may be referred to appropriate law enforcement authorities. Onai.Chat may also in its sole discretion and at any time discontinue providing the Onai.Chat Service, or any part thereof, with or without notice. You agree that any termination of your access to the Onai.Chat Service under any provision of These Terms of Service may be effected without prior notice, and acknowledge and agree that Onai.Chat may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Onai.Chat Service. Further, you agree that Onai.Chat will not be liable to you or any third party for any termination of your access to the Onai.Chat Service.
User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Onai.Chat Service and Onai.Chat will have no liability or responsibility with respect thereto. Onai.Chat reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Onai.Chat Service.
General
These Terms of Service constitute the entire agreement between you and Onai.Chat and govern your use of the Onai.Chat Service, superseding any prior agreements between you and Onai.Chat with respect to the Onai.Chat Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Onai.Chat agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California. The failure of Onai.Chat to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of these Terms of Service remains in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Onai.Chat Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Onai.Chat, but Onai.Chat may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Onai.Chat Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Onai.Chat Service.