Taya Chat Terms of Service

1. User’s Acknowledgment and Acceptance of Terms *
First Media Group, Inc (“Us” “We”, “Taya Chat) provides the Taya Chat IVR System and related website www.tayachat.com site. By using Taya or its website, you, the user, accept the Terms of Service including all amendments made from time to time , as well as any other written agreement between us including any posted rules or guidelines (collectively “the Agreement”). If you do not wish to be bound by the Agreement please do not use Taya Chat.
It is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications to the Terms of Service. Your continued use of Taya Chat after such modifications will constitute your agreement to be bound by the modified Agreement.

2. Who May use Taya Chat *
YOU MUST BE AT LEAST 18 YEARS OLD TO USE TAYA CHAT. By using Taya Chat you expressly represent and warrant that you are 18 years or older. You further represent and warrant that you are not a convicted sex offender and you represent and warrant that you required to register as a sex offender with any government entity.

3. License to Use Taya Chat *
We grant to you a limited, non-exclusive license to access and use Taya Chat for your own personal, non-commercial purpose. You may not reproduce, redistribute, sell, create, reverse engineer or disassemble any of the Taya Chat products or services.
You may not assign or sublicense this Agreement to any individual or company.
You grant Taya Chat and its partners, and affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty free license to copy, transmit distribute and display and make derivative works from your content. This license includes your waiver of any ‘moral-rights’ in your content. You permit and grant Taya Chat members permission to view your content. Where you make suggestions to Taya Chat, features, or services, or any improvements whatsoever, you do so without the right to compensation and you permit Taya Chat to adopt said features, services, improvements or suggestions.

4. Description and Modification of Services *
We make various services available on this site including, but not limited to interactive voice response, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
We may alter, suspend, discontinue or impose limits on any aspect of Taya Chat at any time with or without notice to you including the availability of any service, feature, database or content. We will not be liable to you or any third party should we exercise such right. Any new features that change or alter the services available to users of Taya Chat shall also be subject to these Terms of Use.

5. Privacy *
The Privacy Policy governs your privacy rights. As such, please review the Privacy Policy as it details, what information is collected, how the information is used, with whom we share that information, if any and what information, if any, you agree to share with third parties by using Taya Chat.

6. Customer Data and Privacy *
To use Taya Chat you will be required to provide certain information and data (“Customer Data”), and maintaining and updating your Customers Data as required. By using Taya Chat, you agree that all information provided in the Customer Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. You also grant us the right to disclose to third parties certain Customer Data about you. The information we obtain through your use of this site, including your Customer Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

7. Third Party Sites and Information *
You agree that Taya Chat is not responsible for content, information or material found on third-party sites that you may be linked to through Taya Chat. You agree we are not responsible for content, accuracy, legality, decency or intellectual property compliance, nor are these sites under Taya Chat’s control. A link from Taya Chat is not and endorsement, or warranty of any kind of the site or its content.

8. Security*
You agree to keep your password and membership information confidential and agree to keep your account private. You are responsible for all content posted and all usage of your membership account by third-parties.
You may not use your account to obtain unauthorized access to another members account, to access another network or server. You shall not interfere with anyone else’s use and enjoyment of Taya Chat or other similar services.

9. Code of Conduct *
You agree that Users who violate systems or network security may incur criminal or civil liability and be removed from the site and/or reported to relevant authorities. You agree to use the Service in accordance with the following code of conduct:
a. Use of Taya Chat and your communications on Taya Chat are subject to all applicable laws and you are solely responsible for your communications through Taya Chat;
b. You will not use Taya Chat to engage in harassing, threating, abusive, racist, obscene, defamatory, libelous, fraudulent behavior, nor post communications that are harassing, racist, obscene, threatening, abusive, defamatory, libelous or fraudulent;
c. You will not use the Service to promote any solicitation for funds, business, advertising, or solicitation for goods or services;
d. You will not post any communications that violates, plagiarizes or infringes upon the rights of any third party, including, copyright, trademark, patent, trade secret, right of publicity, privacy, personal, proprietary rights, or otherwise violates any law;
e. You will not post any communications which may victimize, degrade, or otherwise harass anyone group or individual on the basis of race, religion, sexual orientation, gender, ethnicity, age, or disability or otherwise discriminates by reason of an association to any group;
f. You shall not use Taya Chat in any manner which may cause the distribution of a unauthorized spam, or solicitation, lottery schemes, virus, or malicious software that could cause harm to Taya Chat, its systems, or other members.
g. You shall not interfere with other members use of Taya Chat, or attempt to gain access to other members accounts,

10. Monitoring *
You agree that we have the right but not the obligation to monitor all Customer Data, messages and public postings. Where, in our sole discretion, customer data, messages and public postings violate this agreement, or any applicable law, or may negatively affect the goodwill of Taya Chat, this content may be deleted and/or removed. You agree that we have the right to cooperate with relevant law enforcement authorities for any systems or network security at other sites, for any violations of the law including of abusive conduct, fraudulent conduct or otherwise illegal activity or in the investigation of suspected criminal violations.

11. Term and Termination*
You agree we may at any time, and at our sole discretion, without prior notice to you, terminate suspend, disable or delete your account including any part therefor, where it is determined by FMG that you have violated any provision of this Agreement, where your conduct violates the code of conduct, is abusive, fraudulent or illegal or where your content may violate the Taya Chat’s reputation or goodwill.
Where your account is terminated, any license to use Taya Chat will likewise terminate. Taya Chat reserves the right to keep or delete the content of your account and shall not be responsible for the loss of the content.

12. Intellectual Property Information and Copyright*
Taya Chat contains information and content proprietary to us, and/or our partners, or affiliates and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify copy or distribute any content without having first received the express permission of Taya Chat.
Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of First Media Group or its Affiliates.
You agree to notify Taya Chat of any copyright, trademark or propertary right infringement by a posting on this site, by contacting help@TayaChat.com
You agree that upon receipt of a notice of a claim of copyright infringement, Taya Chat may investigate, and/or immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and that Taya Chat may refer the complaint to the relevant Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

13. Disclaimer of Warranties *
Taya Chat and related services, content and material are provided on an ‘AS IS’ basis. Taya Chat does not provide any warranty of any kind, express or implied, including, but not limited to warranties of quality, merchantability, or fitness for a particular purpose, or for the warranty of non-infringement. Taya Chat does not warrant that the service or material will be accurate, delay free, or reliable. There may be service interruption. Use of Taya Chat is at your own risk. Taya Chat does not warrant that products, services, content or information purchase, obtained from Taya Chat or its affiliates or partners will be free of errors, defects or mistakes or meet your expectations.
You agree that Taya Chat may change services, content, including prices without any notice to you. Taya Chat is not responsible for damage or injury to you or your computer system, phone system as a result of use of Taya Chat.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. You agree that any transaction executed through Taya Chat or in connection to Taya Chat are conducted at your own risk. There is no warranty for any of the products or services, material or information accessed or purchased through Taya Chat or its partners, or its affiliates.
Exclusion of warranties may not apply in jurisdictions which do not allow exclusion of certain warranties.

14. Limitation of Liability*
Taya Chat is not responsible for screening its members, or ensuring you do not incur damages as a result of other members content, conduct, or actions and disclaims all liability that may be associate with your use of Taya Chat, its products, services or that of our partners or affiliates.
In no event shall we, our partner, or our affiliates be liable to you or any third party for any special, punitive, aggravated, incidental, indirect, direct or consequential damages of any kind or any damages whatsoever, including but not limited from the use of Taya Chat, its services, content, or as a result of content or information, or as a result of contact with a member of Taya Chat or as a result agreeing to meet any member through Taya Chat. Taya Chat, its affiliates and partners shall not be liable to yourself or any third party for use out of or in connection with use of Taya Chat or any reference or link from this site, or for any contact with any member whatsoever, including but not limited to communications with any member, or as a result of agreeing to meet any member. In no event shall we, our partners or affiliates be liable to you or any third party for any violations of the terms of use, including misrepresentation of your age. We shall not be liable in any way for contents, material uploaded, submitted by third parties, or for any good or services or third party goods or services offered through Taya Chat.

15. Indemnification *
Upon a request by us, you agree to defend, indemnify, and hold Taya Chat, First Media Group, its officers, directors, employees, agents, and our Partners, and Affiliates harmless from all liabilities, claims, and expenses, including attorney fees, that arise from your use or misuse of Taya Chat including any misrepresentation of your ability to use the service or your age, and as a result of any complaints made by other parties against you. You agree to cooperate fully as reasonably required in the defense of any claim and in asserting any defenses available. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you,

16. Spam and User Content *
Taya Chat may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “SPAM”) and/or other types of electronic communications that we deem inconsistent with our business purposes. Taya Chat shall not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Taya Chat accounts may have a limited storage capacity. Taya Chat may delete or block communications or content that exceed the limit. We will not be responsible for such deleted or blocked account content.

17. Termination of Use *
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we 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 this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

18. Governing Law *
You agree and that this Agreement and the use of Taya Chat and the purchase of any products and services is governed by the laws of the Province of Ontario, Canada. Any disputes arising from the use of Taya Chat, products or services or this Agreement shall be subject exclusively to the courts of the Province of Ontario, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods.
Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the Province of Ontario with respect to such matters.

19. International Use *
Taya Chat may be accessible worldwide, but there are we NO REPRESENTATIONS OR WARRANTIES that materials on this site are appropriate or available for use in jurisdictions outside North America. Furthermore accessing Taya Chat from jurisdictions where the content is illegal is absolutely prohibited.
Where you choose to access or use Taya Chat from other jurisdictions, you agree that you do so on their own initiative and are responsible for compliance with local laws. Any product, service, and/or content made in connection with Taya Chat or offer for product, service or content is void where prohibited.

20. Notices *
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at help@Tayachat.com. Notices to you may be sent to the address supplied by you as part of your membership account. Taya Chat may broadcast notices or messages through the service to inform you of changes to Taya Chat, its services, content, terms, and such broadcasts shall constitute notice to you at the time of sending. Taya Chat may update this Agreement and that further shall constitute notice at the time of the update.

21. Assignment *
You may not assign this Agreement or any of your rights to use Taya Chat to anyone. Taya Chat may assign any or all of its rights and uties under this Agreement or related to Taya Chat to any third party, and where assumed by a third party, Taya Chat shall be relived of any and all liability under this Agreement.

22. Entire Agreement*
These terms and conditions constitute the entire agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, the term shall be severed from the agreement with the remaining portion of the Agreement remaining in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

23. Contact Information*
Except as explicitly noted on this site, the services available through this site are offered by First Media Group Inc., an Ontario Corporation. If you notice that any user is violating these Terms of Use, please contact us at help@Tayachat.com.