MEMBERSHIP TERMS OF SERVICE AGREEMENT

Terms of Service

BeneChat Virtual Places Membership Agreement is a legal document that details your rights and obligations as a member. You cannot become a member until you have accepted the terms of the Membership Agreement. You should also take the time to review the BeneChat Virtual Places Privacy Policy and Community Standards which reflect BeneChat Virtual Places current policies. These policies may be updated or revised as conditions warrant, so you should review them regularly.

By joining BeneChat Virtual Places and accepting the Membership Agreement you agree that BeneChat Virtual Places may change the terms of the Membership Agreement. If BeneChat Virtual Places makes material changes or revisions to the Membership Agreement, we will provide notice to you thirty days in advance. If you don't agree to the changes proposed by BeneChat Virtual Places, or to any of the terms in this Member Agreement, your only remedy is to cancel your BeneChat Virtual Places membership.

1. The Basics of your BeneChat Virtual Places membership

This Agreement is your entire agreement with BeneChat Virtual Places and governs your use of the BeneChat Virtual Places chat service. To access the BeneChat Virtual Places service you must accept the terms of this Agreement and comply with the BeneChat Virtual Places Community Guidelines. To be a BeneChat Virtual Places member, you must be at least 18 years old. If you are not yet eighteen years old, you may still use BeneChat Virtual Places, but only if the account was created and registered by your parent or guardian.

When you accept this Agreement and complete the BeneChat Virtual Places registration process, you become the primary account holder, and BeneChat Virtual Places provides you with a limited, non-exclusive license for no more than the term of your membership to use the screen name you select for your primary account. BeneChat Virtual Places also allows you to have a number additional sub-accounts or screen names of your choice, depending on the account type you chose. You may not use a screen name that is used by someone else, and your screen name should not be vulgar, or be used in any way that violates the other parts of the Membership Agreement or the Community Guidelines.

All communication to the primary account holder will be sent to the email address provided at the time of registration.

As the primary account holder, you are responsible for all activity on your account and on any of the sub-accounts, and violations or warnings accrued by the sub-account can lead to termination of the primary account. If warnings or violations are received by sub-accounts, the primary account may receive notification. You may also receive important notices about your membership from time to time that may not be provided to the sub-accounts, so it is important for you to regularly check your primary account email. Because you are responsible for all use of your account, you should supervise the use of your account by others. It is important that you not reveal your password to other users and BeneChat Virtual Places will never ask you for your password. You agree not to reveal your password to other users and you agree to indemnify and hold BeneChat Virtual Places harmless for any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account. If your membership is terminated for violating the Membership Agreement or the Community Guidelines, BeneChat Virtual Places expressed permission will be necessary before you are allowed to use BeneChat Virtual Places chat service again.

2. Charges

BeneChat Virtual Places reserves the right to change our fees or billing methods at any time and BeneChat Virtual Places will provide notice of any such change at least thirty days in advance in the same manner described above for changes to the Membership Agreement. BeneChat Virtual Places also has the right to collect applicable taxes and impose premium surcharges for some areas of the service should these areas become available. If you don't like the changes in fees or billing methods, you may cancel your membership at any time, but BeneChat Virtual Places will not refund any remaining portion of the monthly fee when you cancel your membership

As the primary account holder, you are responsible for all charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your account or sub-accounts, including your children, other members of your family, or friends.

3. Online conduct and content

BeneChat Virtual Places is not responsible for content available on the Internet, although we reserve the right to block access to any Internet area containing illegal or other harmful content or otherwise being used for purposes that are unlawful or injurious to BeneChat Virtual Places or its members.

Some of the content available via the BeneChat Virtual Places service is created by Members. BeneChat Virtual Placers encourages it's members to participate and express their opinions. But it is important to remember that there are rules and standards that you must abide by as a BeneChat Virtual Places member. These rules and standards are described in the BeneChat Virtual Places Community Guidelines. As a BeneChat Virtual Places member, you agree to follow the BeneChat Virtual Places Community Guidelines and you acknowledge that BeneChat Virtual Places has the right to enforce them in its sole discretion. This means that if you, or anyone using your account, violate the BeneChat Virtual Places Community Guidelines, BeneChat Virtual Places may take action against your account. This can range from the issuance of a warning about a violation to the termination of your account. You understand BeneChat Virtual Places is not required to provide notice prior to terminating your account for violating these rules and standards, but it may choose to do so. The Community Guidelines may change at any time, so you should review them regularly.

Proprietary Rights

You can transfer files while using the BeneChat Virtual Places service. You must not copy, transmit, modify, distribute, show in public or in private or create any derivative works unless you have the legal right to do so.

Bear in mind that most areas of BeneChat Virtual Places are public, and other members will have access to your posted material and might copy, modify or distribute it. By submitting or posting content there, you are representing that you are the owner of such material or have authorization to distribute it. Once you post content on BeneChat Virtual Places, you expressly grant BeneChat Virtual Places the complete right to use, reproduce, modify, distribute, etc. the content in any form, anywhere.

4. Chat Software

BeneChat Virtual Places will occasionally provide upgrades to improve your online experience, and we employ virus-screening technology to assist in the protection of our members. We reserve the right to log off accounts that are inactive for an extended period of time and we prohibit the use of tools that defeat BeneChat Virtual Places automatic log-off feature.

You may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from BeneChat Virtual Places software. You may not modify BeneChat Virtual Places software or use it in any way not expressly authorized by this Agreement. You understand that BeneChat Virtual Places will introduce of variety of technologies which may not be consistent across all platforms and that the performance and some features offered by BeneChat Virtual Places may vary depending on your computer and other equipment.

5. Warranty

MEMBER EXPRESSLY AGREES THAT THE USE OF BENECHAT VIRTUAL PLACES, BENECHAT VP SOFTWARE, AND THE INTERNET IS AT MEMBER'S SOLE RISK. BENECHAT VIRTUAL PLACES, BENECHAT VP SOFTWARE, BENECGHAT VP PRODUCTS, THIRD-PARTY VIRUS CHECKING TECHNOLOGY AND THE INTERNET ARE PROVIDED AS IS AND AS AVAILABLE FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. BENECHAT VIRTUAL PLACES PROVIDES THE BENECHAT VIRTUAL PLACES CHAT SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT MEMBERS WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT BENECHAT VIRTUAL PLACES WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. BENECHAT VIRTUAL PLACES ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED OR USED BY BENECHAT VIRTUAL PLACES SHALL BE THE REPLACEMENT OF ANY BENECHAT VIRTUAL PLACES SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH BENECHAT VIRTUAL PLACES IS THE CANCELLATION OF YOUR ACCOUNT AS DETAILED BELOW IN SECTION 7. IN NO CASE SHALL BENECHAT VIRTUAL PLACES BE LIABLE FOR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF BENECHAT VIRTUAL PLACES, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR MEMBERSHIP WITH BENECHAT VIRTUAL PLACES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BENECHAT VIRTUAL PLACES LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. BENECHAT VIRTUAL PLACES DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH BENECHAT VIRTUAL PLACES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

6. Indemnification

Upon a request by BeneChat Virtual Places, you agree to defend, indemnify and hold harmless BeneChat Virtual Places and its affiliated subsidiaries, employees, contractors, officers, directors, telecommunications providers and content providers from all liabilities, claims and expenses, including attorneys fees, that arise from a breach of this Membership Agreement for which you are responsible or from the use of BeneChat Virtual Places software or the Internet, or in connection with your transmission of any content on BeneChat Virtual Places chat service. BeneChat Virtual Places reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by a member. In that event, the member shall have no further obligation to provide indemnification for BeneChat Virtual Places in that matter.

7. Termination and Cancellation

Either you or BeneChat Virtual Places may terminate or cancel your membership at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with BeneChat Virtual Places. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or BeneChat Virtual Places enforcement or application of this Agreement; (2) any policy or practice of BeneChat Virtual Places, including BeneChat Virtual Places Community Guidelines and the BeneChat Virtual Places Privacy Policy, or BeneChat Virtual Places enforcement or application of these policies; (3) the content available through BeneChat Virtual Places or it's software or the Internet or any change in content provided through BeneChat Virtual Places; (4) your ability to access and/or use BeneChat Virtual Places; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

You can cancel your membership by delivering notice to BeneChat Virtual Places Administrator or your membership account page. Cancellation will take effect within 72 hours of receipt of your request, and BeneChat Virtual Places will send you confirmation of said transaction. BeneChat Virtual Places reserves the right to collect fees, surcharges or costs incurred before you cancel your BeneChat Virtual Places membership.

In the event that your account is terminated or canceled, no refund, including any membership fees, will be granted.

8. Law and Legal Notices

The Membership Agreement represents your entire agreement with BeneChat Virtual Places. You agree that this Membership Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the BeneChat Virtual Places Community Guidelines and the BeneChat Virtual Places Privacy Policy, including BeneChat Virtual Places enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of Minnesota, excluding its conflicts-of-law rules, govern this Agreement and your membership. As noted above, member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with BeneChat Virtual Places or relating in any way to your membership or your use of BeneChat Virtual Places resides in the courts of Minnesota and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Minnesota in connection with any such dispute including any claim involving BeneChat Virtual Places or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to BeneChat Virtual Places any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this Agreement. Control laws currently prohibit the export of any browser with 128-bit encryption, including Internet Explorer. Control laws also prohibit nationals of Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria from gaining access to certain content.



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