TERMS OF SERVICE

  1. ACCEPTANCE OF TERMS
    1. Welcome to Intercommunicate!. Intercommunicate provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular Intercommunicate services, you and Intercommunicate shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

  1. DESCRIPTION OF SERVICE
    1. Intercommunicate currently provides clients Synergetic Chat subscriptions on a monthly basis and users access to Synergetic Chats for testing purposes. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Intercommunicate properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Intercommunicate assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
    2. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.

  1. CLIENTS OF SYNERGETIC CHAT SUBSCRIPTIONS
    1. Synergetic Chat clients are lawful businesses (for profit and non-profit) in a field related to the chat subscription.  The client will make available on request evidence of business activity in the state, country or region in operation.
    2. A client must be 18 years or older with sufficient knowledge of network and internet operations to administrate their chat.  The client will make available on request evidence of being 18 years or older and answer a set of questions on proficiency to administrate their chat.
    3. The client owns the chat names consisting of the chat Building name and name of chat Rooms.  A chat Building is the unique name used to connect the clients chat from a web page or chat application.  Also, the client owns any banner images the client places in their chat.
    4. The Client agrees not use the Synergetic Chat for any unlawful purpose.  Transmission of any information, data, or material in violation of any US Federal or state regulation or law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged threatening or obscene, or material protected by trade secret. You agree to indemnify and hold harmless Intercommunicate from any claims resulting from your use of the service which damages you or another party or parties.
    5. Persistent information unique to chat users is managed by the client, chat user and Intercommunicate.  This information includes but is not limited to nicknames, passwords and preference settings specific to a user.  The client and Intercommunicate may modify or remove information unique to chat user at any time.  A chat user may request to have their information modified or deleted by the client or Intercommunicate at any time.
    6. Chat payments are due within 30 days of statement of payment receipt by the client.  If the client does not pay a statement within 60 days, the client forfeits control of the subscribed chat and Intercommunicate may close the clients chat at will without the client’s input.
    7. The client or Intercommunicate may close a chat for any reason, subject to a two week prior notice.  Chat closure consists of removing the Building name, Room name(s) and any banner images the client placed in the chat.  The client must explicitly request the modification or removal of chat user persistent data when requesting chat closure, otherwise upon closure only  Intercommunicate and the chat user to which the persistent data refers will manage that data.
  2. PRIVACY POLICY
    1. Intercommunicate and the Synergetic Chat system does not collect any private information such as email addresses, street addreses, phone numbers or other information unique to a chatter. 
    2. Areas of the chat labeled as private are not recorded or visible to parties outside those assigned to the communication.  For example, Synergetic Chat is not designed to allow those outside of the designated private chats and whispers to view the conversation.  And Synergetic Chat does not offer the capability to globally log private chats and whispers or log someone else’s private chats or whispers.
  3. INDEMNITY
    1. You agree to indemnify and hold Intercommunicate, and its officers, agents, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you post,  transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
  4. NO RESALE OF SERVICE
    1. You agree not to resell any portion of the Service, use of the Service, or access to the Service without explicit permission from Intercommunicate.
  5. . MODIFICATIONS TO SERVICE
    1. Intercommunicate reserves the right at any time and from time to time to modify or upgrade the Service (or any part thereof) with or without notice. Intercommunicate will make a reasonable effort to test and debug any modifications or upgrades.  You agree that Intercommunicate shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 
  6. INTERCOMMUNICATE’S PROPRIETARY RIGHTS
    1. You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Intercommunicate, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
    2. Intercommunicate grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Intercommunicate for use in accessing the Service.
  7. DISCLAIMER OF WARRANTIES
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
    1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INTERCOMMUNICATE EXPRESSLY DISCLAIMS 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.
    2. INTERCOMMUNICATE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INTERCOMMUNICATE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
  8. LIMITATION OF LIABILITY
    1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT INTERCOMMUNICATE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INTERCOMMUNICATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE 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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
  9. EXCLUSIONS AND LIMITATIONS
    1. 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 OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.
  10. TRADEMARK INFORMATION
    1. Intercommunicate, the Intercommunicate logo and other Intercommunicate logos and product and service names are trademarks of Intercommunicate (the " Intercommunicate Marks"). Without Intercommunicate prior permission, you agree not to display or use in any manner, the Intercommunicate Marks.
  11. GENERAL INFORMATION
    1. The TOS constitute the entire agreement between you and Intercommunicate and govern your use of the Service, superceding any prior agreements between you and Intercommunicate. The TOS and the relationship between you and Intercommunicate shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Intercommunicate agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Alameda, California. The failure of Intercommunicate to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS remain 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 use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

14. VIOLATIONS

a.         Please report any violations of the TOS to our Customer Care group.