Terms of Use Agreement

Our Terms of Use Agreement

Welcome to Chatisland!

By accessing and using the Chatisland platform and its affiliate services (collectively referred to as the "Service"), you (or “Member”) agree to be bound by the following Terms of Use (this "Agreement"). The Service is provided by Cluster Exploration Limited (referred to as the "Company," "Website," or "Application" (including applications for tablets and other smart devices)). When you click the "Sign Up" button on the registration forms, you indicate your acceptance of all the terms and conditions in this Agreement, and your registration on Chatisland.

IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK ON THE “SIGN UP” BUTTON; ONCE THE BUTTON IS CLICKED, YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT REGARDLESS OF WHETHER OR NOT YOU REGISTER THE PRODUCT OR PURCHASE THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY CHATISLAND AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE WEBSITE UPON OUR UPDATING THE APPLICATION WITH THE CURRENT VERSION OF THIS AGREEMENT. BY CONTINUING TO USE CHATISLAND, YOU ACCEPT AND AGREE TO ANY CHANGES MADE TO THE TERMS AND CONDITIONS WITHOUT LIMITATION OR QUALIFICATION.

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1. ELIGIBILITY

By registering on Chatisland, you represent and warrant that

a. You are at least 18 years old.

b. You are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction.

c. You agree to comply with this Agreement and all relevant local, state, national, and international laws, rules, and regulations.

d. You have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence. Furthermore, you must not be required to register as a sex offender with any state, federal, or local sex offender registry.

Registration on Chatisland is subject to compliance with all applicable laws and regulations. If the use of Chatisland is prohibited in your jurisdiction, you are not eligible to register or use the Service.

By accessing and using Chatisland, you affirm that you possess the legal right, authority, and capacity to enter into this Agreement and that you will comply with all its terms and conditions. When registering, you are required to provide accurate, true, and complete information, and you shall keep this information up to date. Inaccurate or incomplete identification may lead to the suspension of your account until satisfactory identity verification is conducted, at our discretion.

The security of your account is your responsibility. You must maintain the confidentiality of your password and all account details. You are solely liable for any activities conducted through your account and any other actions taking place on your account. You agree to notify Cluster Exploration Limited immediately of any unauthorized use, or suspected unauthorized use of your Chatisland account or any other breach of security. Cluster Exploration Limited cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Transactions carried out using your correct username and password will be considered valid. Unauthorized sharing of your account or credentials with others is strictly prohibited.
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2. TERMINATION

a. Chatisland reserves the right, and may exercise it, to terminate your membership, this Agreement, and your access to Chatisland’s Service if:

      i. You breach these Terms.
         ii. Chatisland, in its sole discretion, determines that you have violated or are likely to violate any applicable laws.
          iii. Serious complaints, or multiple complaints, are received about you from any person.

iv. You impersonate another member or person.

v. Chatisland, in its sole discretion, deems your behavior while using the Service or in connection with your use of the Service to be unacceptable.

b. You agree that any termination of your membership and access to the Service under these Terms may be effected without prior notice. You acknowledge and agree that Chatisland may immediately deactivate or delete any of your accounts and all related information and files in such accounts and/or bar any further access to such files or the Service. Members who have registered under multiple aliases will have all of their aliases disabled. Furthermore, you agree that, to the maximum extent permitted by law, Chatisland will not be liable to you or any third party for any costs or damages of any kind resulting from any such termination of your membership or access to the Service.

c. You may terminate your access to the Service at any time via Chatisland’s Website or by sending Chatisland written or email notice of termination to support@chatisland.com. In the event that you terminate this Agreement, you will not be entitled to any refund of any paid subscription fees unless specified otherwise in these Terms.

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3. NON-COMMERCIAL USE POLICY

Chatisland is designed for the personal use of individual Members only and is strictly prohibited for any commercial endeavors. Organizations, companies, businesses, and other entities are not permitted to become Members and are not authorized to utilize the Service or the Website/Application for any purpose.

Any illegal or unauthorized use of the Website/Application, including the collection of usernames and/or email addresses of members through electronic or other means for the purpose of sending unsolicited emails and unauthorized framing or linking to the Website/Application, will be subject to investigation. Appropriate legal action, including civil, criminal, and injunctive measures, may be pursued in response to such violations.

By using Chatisland, you agree not to create any databases, websites, applications, software, legal entities, or services that directly compete with Chatisland. Furthermore, you guarantee and warrant that you will not utilize the Website/Application for any commercial purposes, engage in fund transfers through the Website/Application, or create accounts with fake usernames.

It is essential to emphasize that Chatisland does not support or endorse paid usage of the Website/Application or its services. Any activity that contradicts this policy will be investigated, and your membership may be terminated. Additionally, appropriate legal action, including civil, criminal, and injunctive measures, may be taken as deemed necessary.
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4. PERMITTED LICENSE AGREEMENT

Subject to your full compliance with the terms and conditions outlined in this Agreement, Chatisland grants you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, and revocable license. This license allows you to access and utilize our Service solely for personal use on your personal computer or other smart devices.

If you create a Chatisland account by connecting with a third-party platform, such as Google Play or Apple Store, you must adhere to the usage rules specified in each third-party platform's Terms of Service as of the date of this Agreement.

The purpose of this license is to permit you to use and benefit from the Service as stipulated in this clause. However, it is strictly prohibited to copy, modify, distribute, sell, or lease any part of our services, or engage in reverse-engineering or attempt to extract the source code of the software, unless such restrictions are prohibited by applicable laws or you have obtained our explicit written permission.

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5. INTELLECTUAL PROPERTY RIGHTS

Chatisland exclusively owns or holds licenses to all intellectual property rights in the Website/Application and the Service. These rights encompass database rights, copyright, design rights (registered or unregistered), patents, trademarks (registered or unregistered), and other similar rights, regardless of their existence in any jurisdiction, including the right to seek protection for such rights for Chatisland and its licensors.

Unless the information is publicly available or you have obtained written permission, you are strictly prohibited from copying, modifying, publishing, transmitting, distributing, performing, displaying, or selling any proprietary information owned by Chatisland. For activities not explicitly authorized in this Agreement, such as commercial sales or granting permission to third parties to use Chatisland, you must obtain formal written permission from Chatisland separately.

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6. CONTENT POSTED ON CHATISLAND

You agree that any content, messages, photos, videos or profiles (collectively, “Content”) must comply with our Guidelines at Chatisland Community Guidelines, as updated from time to time.

a. You understand and agree that Chatisland may at its sole discretion store for review and delete any Content that in the sole judgment of this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other Members or any third parties.

b. You are solely responsible for the Content you publish, display, or transmit to other Members through the Website/Application. Cluster Exploration Limited assumes no responsibility whatsoever in connection with or arising from your Content or the conduct of submitting your Content and has no obligation to modify or remove any inappropriate Content. Cluster Exploration Limited does not endorse and has no control over the content submitted by other Users. Cluster Exploration Limited makes no warranties, express or implied, as to the content of your Content or the accuracy and reliability of any of your Content. Nonetheless, Cluster Exploration Limited reserves the right to prevent you from submitting your Content and to edit, restrict, or remove your Content for any reason at any time.

c. By posting Content on any public area of the Website/Application, you automatically grant Chatisland an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and Content, including preparing derivative works or incorporating it into other works, and granting sublicenses of the same.

d. The following is a partial list of prohibited content on the Website/Application. Chatisland may take appropriate legal action at its discretion against violators, including removing offending communication and terminating their membership. Prohibited Content includes, but is not limited to:

i. Content promoting racism, bigotry, hatred, or physical harm against any individual or group.

ii. Harassment or advocating harassment of others.

iii. Transmission of "junk mail," "chain letters," or unsolicited mass mailing or spam.

iv. Content that is defamatory, false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, or libelous.

v. Promotion of unauthorized copies of copyrighted works, pirated software, or music.

vi. Inappropriate content, nudity, pornography, graphic violence, or criminal activity.

vii. Exploitation of individuals under the age of 18 in a sexual or violent manner or soliciting personal information from minors.

viii. Providing instructions for illegal activities or creating computer viruses.

ix. Soliciting passwords or personal identifying information for unlawful purposes or using Chatisland for any illegal purpose.

x. Engaging in commercial activities without Chatisland's prior written consent, such as contests, sweepstakes, advertising, or pyramid schemes.

xi. Use Chatisland or any location information obtained from Chatisland to stalk, harass, intimidate, abuse, defame, threaten, or defraud other users.

e. you are required to use the Service in full compliance with all applicable international, national, and local laws and regulations. Your Content must adhere to these laws and regulations as well.

f. You are not allowed to post, store, transmit, or in any way disseminate any material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful.

g. Your profile must not include telephone numbers, street addresses, real names, URLs, or email addresses. Correspondence with other members must not include URLs, email addresses, or telephone and fax numbers.

h. You may not engage in advertising or solicitation of other Members to buy or sell products or services through the Service. Transmitting chain letters or spam to other Members is also prohibited. While Chatisland cannot monitor all Member conduct, it is forbidden to use information obtained from the Service to harass, abuse, or harm others, or to contact, advertise to, solicit, or sell to any Member without their explicit consent. To prevent such activities, Chatisland may restrict the number of emails a Member can send to others within a 24-hour period at its discretion.

i. Prohibition of Data Collection. Collecting data from Chatisland through automated means (bots, spiders, scrapers, or similar methods) or establishing fake user accounts, using anonymous proxy servers, or circumventing technical measures to engage in forbidden activity on Chatisland is strictly prohibited. Manual data collection from authorized zones on Chatisland is also not allowed.

j. For the purpose of ensuring service quality, communications through the Website/Application may be recorded.

k. Chatisland reserves the right to investigate and take appropriate legal action, at its sole discretion, against any individual violating this section. Such actions may include removing offending communication from the Service and terminating the membership of violators.

l. If Cluster Exploration Limited believes in good faith belief that you have violated any of the terms and conditions of this agreement or Chatisland’s other regulations or guidelines, it may terminate any account you have with Chatisland or your use of Chatisland or any portion thereof, and remove and discard all or any part of your account or any of Your Content, at any time. You agree that any termination of your access to Chatisland or any account you may have or a portion thereof may be effected without prior notice, and you agree that Cluster Exploration Limited will not be liable to you or any third party for any such termination. Cluster Exploration Limited does not permit copyright-infringing activities on Chatisland and reserves the right to terminate access to Chatisland and remove all content submitted by any persons who are found to be repeated infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Chatisland and may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Cluster Exploration Limited may have at law or in equity.‍

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7. USER CONTENT LICENSE GRANT

By posting or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Company’s (and its successors and affiliates) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.

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8. COPYRIGHT POLICY

It is strictly prohibited to post, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information on the Service without obtaining the explicit prior written consent of the respective owner of such proprietary rights. If you believe that your copyrighted work has been copied and posted on Chatisland's Service in a manner that constitutes copyright infringement, please contact Chatisland's designated copyright agent with the following information:

a. An electronic or physical signature of the person authorized to act on behalf of the copyright owner.

b. A detailed description of the copyrighted work that you believe has been infringed.

c. Specific information about the location of the allegedly infringing material on the Website/Application.

d. Your contact information, including your address, telephone number, and email address.

e. A written statement by you, made under penalty of perjury, affirming that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

f. A statement by you, made under penalty of perjury, stating that the information provided in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Please submit the above information to Chatisland's designated copyright agent, whose contact details can be found in the Terms of Use. Chatisland takes copyright infringement seriously and will promptly investigate and take appropriate action upon receiving valid notices of infringement.
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9. NO PROFESSIONAL ADVICE

Any professional information provided by other users of the Service, such as medical, legal, or financial advice, is strictly for informational purposes only and should not be considered as professional advice. You should not take any action solely based on the information found in the Service. For any important matters requiring professional guidance, it is essential to seek advice from a licensed and qualified professional in the respective field.
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10. MEMBER COMMUNICATIONS

Your interactions with other Chatisland Members are entirely your responsibility. While Chatisland reserves the right to monitor disputes between you and other Members, it is not obligated to do so. Additionally, Chatisland is not liable for any consequences arising from your interactions or communications with other Members. It is crucial to exercise caution and discretion while engaging with other users on the platform.‍

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11. THIRD-PARTY LINKS AND INFORMATION

The Service may include links to third-party materials that are not owned or controlled by Company. It is important to note that Company does not endorse or assume responsibility for the content, accuracy, or products/services offered on these third-party sites. Your access to any third-party website or service from the Service, or sharing of User Content on such platforms, is entirely at your own risk. Please be aware that this Agreement and Company's Privacy Policy do not apply to your interactions with such third-party sites. Company disclaims any liability for the use of any third-party website, service, or content, including User Content submitted by other users. Any transactions or engagements with advertisers found on the Service are solely between you and those advertisers, and Company shall not be liable for any losses or damages resulting from such interactions.
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12. PRIVACY POLICY

In the course of using the Service, Chatisland may collect personal data to provide you with a seamless experience. Safeguarding your personal data is of utmost importance to Chatisland, and the company has developed a comprehensive Privacy Policy that outlines the specific practices concerning the collection, use, storage, transfer, and disclosure of your personal data. To gain a deeper understanding of the measures taken to protect your privacy, you can review the "Privacy Policy," which is an integral part of this Agreement. By downloading, installing, or using the Services, you agree to be bound by the terms of this Agreement and the provisions set forth in the Privacy Policy. Chatisland is committed to protecting your privacy in accordance with the principles outlined in the Privacy Policy.

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13. BASIC USER AND PREMIUM MEMBERSHIP

a. By downloading and using the Service and creating a free account, you become a Basic User after the registration process is complete. As a Basic User, you are entitled to access a minimal level of the Service’s features without any charge for these features. These Basic features are subject to change, and Chatisland reserves the right to make changes and updates to the Basic features as required.

b. For unlimited access to all Premium Membership Subscription features available on the Service, you can purchase a Premium Membership. A Premium Membership provides your profile with additional features of the Service that are not available to users without the Premium Membership. As a Basic User, you have the option to purchase a Premium Membership at any time and also have the option to cancel your Premium Membership and return to a Basic User at any point. These Premium Membership Subscription features are subject to change, and Chatisland reserves the right to make changes and updates to the Premium Membership features as required.

c. Automatic Renewal of Premium Memberships: Premium Membership Subscriptions automatically renew, and you enter into this agreement acknowledging that if you purchase a Premium Membership Subscription, it will automatically renew at the end of every Premium Membership Subscription period at the price you purchased it for unless you cancel it through your Apple App Store, Google Play, or equivalent app marketplace account. If you have paid for your Premium Membership Subscription through credit card, removing your credit card from your account will stop auto-renewal charges.
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14. PAID SERVICE

Your rights regarding payment policy and refunds, when subscriptions of Premium Memberships and Virtual Goods like diamonds which are provided by Chatisland as special features to improve the users' experience are handled by Chatislands' application providers Apple,Google. Virtual Goods can be modified, eliminated, controlled, regulated, managed and adjusted in terms of price by Chatisland at any time at its sole discretion.

a. Recurring Billing Policies: Certain aspects of the Service may be provided for a fee or other charge. For example, the Service allows you to purchase in-app items called gifts to other users of the Service. If you choose to use such paid aspects of the Service, you agree to the pricing and payment terms displayed in the Service, and as may be updated from time to time. The Company reserves the right to add new services for additional fees and charges, as well as to add or amend fees and charges for existing services, at any time in its sole discretion.

b. No Refunds: There are no refunds for any purchases made under the Service even if payment was made for multiple billing periods. Chatisland will neither provide nor is required to provide a refund or any other compensation for Virtual Goods when the User's account is either voluntarily closed or terminated according to the provisions of this Agreement. In the case of your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any Company Property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content, or data associated with your account, or for anything else. We may make an exception if the laws applicable in your jurisdiction provide refunds.

c. Cancellation: You have the option to cancel your account at any time, in accordance with these Terms. However, to avoid continued charges, it is essential to cancel your account at least 24 hours before the current period expires. No additional cancellation fee will be incurred. Please note that the termination of your account or uninstalling the service will not automatically cancel a subscription. To cancel a subscription, you must manually do so through your Apple App Store, Google Play Store, or by removing your registered credit card. Chatisland does not have access to personal accounts for subscription preference changes. Chatisland will retain all funds charged to your Apple App Store, Google Play Store, or registered credit card until the subscription is canceled.

d. Payment Information; Taxes: All information provided in connection with a purchase or transaction, or other monetary transaction interaction with the Service, must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction, or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions, or other monetary transaction interactions.

e. If you made a purchase using your Apple ID, refunds are handled by Apple, not Chatisland. To request a refund, go to the App Store, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.

Notice to California subscribers: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using your Apple ID, refunds are handled by Apple, not Chatisland. If you wish to request a refund, please visit https://getsupport.apple.com.

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15. INDEMNIFICATION

You agree to indemnify, release, and hold harmless Chatisland, its parent company, subsidiaries, and affiliates, as well as all officers, directors, agents, and employees, and any party acting on Chatisland's behalf, from and against any and all third-party claims, actions, liabilities, losses, damages, judgments, costs, and expenses, including reasonable attorneys' fees (collectively referred to as "Claims") arising from the following:

a. Your use or misuse of any location information or Chatisland generally.

b. Any use of the Chatisland Service or products available on the Chatisland Service by you or any person not in accordance with the terms of this Agreement.

c. Any breach of this Agreement by you or any person you allow to use the Chatisland Service.

d. Any violation of laws, regulations, or the rights of any third party by you or any person you allow to use the Chatisland Service or products available on the Chatisland Service.

e. Your use of Chatisland to meet another User in-person or to locate and attend any offline place or event.

You acknowledge and agree to be held liable for any claims arising from the aforementioned actions and shall fully cooperate with Chatisland in the defense of any such claims. Chatisland reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you shall provide full assistance and cooperation as requested by Chatisland.
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‍16. ARBITRATION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER

a. Please read this Section carefully. It provides that all Disputes between you and us shall be resolved by binding arbitration. Arbitration facilitates the efficient resolution of any dispute, claim, or controversy between you and us regarding any aspect of your relationship with us, whether based in contract, statute, regulation, ordinance, tort (including without limitation fraud, misrepresentation, negligence, or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this agreement that may arise (collectively, “Disputes”). Arbitration is a form of private Dispute resolution in which parties agree to submit their Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator will follow the process set forth herein and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law).

Arbitration replaces the right to go to court. In the absence of this agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this agreement constitutes a waiver of your right to litigate claims in court and any opportunity to be heard by a judge or jury.

Except as provided below, any and all disputes arising in connection with this agreement will be resolved exclusively and finally by binding arbitration rather than in court.

b. Pre-Arbitration Dispute Resolution. For all Disputes you must first give CHATISLAND an opportunity to resolve the Dispute. You must commence this process by mailing written notification to [2230 S Beverly Glen Blvd, Los Angeles, CA 90064]. That written notification must include (1) your name and address, (2) your account profile information, (3) a written description of the Dispute, and (4) the specific relief you are requesting. If CHATISLAND does not resolve the Dispute to your satisfaction within 60 days after it receives your written notification, you may pursue your Dispute in arbitration.

c. Arbitration Procedures. If the Dispute is not resolved as provided above, either you or CHATISLAND may initiate arbitration proceedings. The American Arbitration Association (“AAA”) will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, not a class arbitration. All issues shall be for the arbitrator to decide. For arbitration before the AAA, for Disputes of less than $75,000 USD, the AAA’s Consumer Arbitration Rules will apply; for Disputes involving $75,000 USD or more, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This section governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. The Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. The arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

d. Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to or for the benefit of any person who is not a party to the arbitration proceeding. The arbitrator shall make any award in writing and any award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

e. Location of Arbitration. You may initiate arbitration in [Los Angeles, CA ] via written submissions, in the federal judicial district that includes your address that you provide in your written notification of a Dispute, or in another location mutually agreed to by the parties.

f. Payment of Arbitration Fees and Costs. Absent a finding that your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), CHATISLAND will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if the arbitrator concludes that you are the prevailing party in an arbitration, you will be entitled to recover from CHATISLAND your actual and reasonable attorney’s fees and costs as determined by the arbitrator.

g. Class Action Waiver. The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class (such as a class action, representative action, or consolidated action) unless both you and CHATISLAND specifically agree in writing to do so following initiation of the arbitration. You cannot be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.

h. Waiver of Right to Trial. You acknowledge and agree that, by entering into this agreement, you and CHATISLAND are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Section, you and CHATISLAND might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You are waiving those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. In general an arbitrator’s decision may not be appealed for errors of fact or law.

i. Severability. If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder will be given full force and effect.
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17. DISCLAIMERS

Chatisland PROVIDES THE SERVICE ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH ITS REPRESENTATIVES, OTHERWISE WITH RESPECT TO THE SERVICE. Chatisland SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, Chatisland DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. Chatisland DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.

Although each member must agree to the Agreement, Chatisland cannot guarantee that each member is at least the required minimum age, nor does it accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials through the Service and that You may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Service. Those others may use Your information for purposes other than what You intended. Chatisland is not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. We can't guarantee that the particular Member is using his profile personally, but we do all possible to block such behavior.

Chatisland DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.

Chatisland is not responsible for any incorrect or inaccurate Content posted on the Website/ Application or in connection with the Service, whether caused by users of the Website/ Application, Members or by any of the equipment or programming associated with or utilized in the Service. Chatisland is not responsible for the conduct, whether online or offline, of any user of the Website/ Application or Member of the Service. Chatisland assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Chatisland is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Websites/ Applications or combination thereof, including injury or damage to users and/or Members or to any other persons computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Chatisland be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website/ Application or the Service, any Content posted on the Website/ Application or transmitted to Members, or any interactions between users of the Website/ Application, whether online or offline.

The location feature in Chatisland is for personal non-commercial use only. It is not suitable for emergency, navigation, or any mission critical or safety applications whatsoever. It must not be relied upon when operating machinery or vehicles, or in any circumstance where death, serious injury or damage to property may result. Chatisland is not suitable for business use of any description, or for tracking persons or equipment, and must not be used for these purposes.
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18. LIMITATION OF LIABILITY

Except in jurisdictions where such provisions are restricted, Chatisland shall not be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including, but not limited to, lost profits arising from your use of the Website/Application or the Service. Additionally, Chatisland shall not be liable for damages related to:

a. the use, disclosure, display, or maintenance of your location information;

b. your use or inability to use Chatisland ;

c. Chatisland generally (including the Chatisland APP) or systems that make Chatisland available; or

d. any other interactions with Chatisland or any other user of Chatisland, even if Cluster Exploration Limited or a Cluster Exploration Limited authorized representative has been advised of the possibility of such damages.

You agree that the limitations of liability set forth in this section will survive any termination or expiration of this agreement and will apply even if any limited remedy specified herein is found to have failed in its essential purpose.

Please note that Chatisland is not responsible for any activities outside of our Services, including expenses related to travel, deliveries, meetings, etc. Such expenses are solely your responsibility. Despite any provisions to the contrary in this agreement, Chatisland's responsibility to you, for any reason whatsoever and irrespective of the nature of the claim, will always be restricted to the amount, if any, paid by you to Chatisland for the service throughout your membership term.

19. GENERAL

a. Assignment. This Agreement, along with any rights and licenses granted hereunder, may not be transferred or assigned by you, but it may be assigned by the Company without restriction. Any attempted transfer or assignment in violation hereof shall be deemed null and void.

b. Notification Procedures and Changes to the Agreement. The Company may provide notifications, whether required by law or for marketing or business purposes, to you through email notice, written or hard copy notice, or by posting such notice on our website, as determined by the Company in its sole discretion. While the Company reserves the right to determine the form and means of providing notifications to our users, you may opt-out of certain notification methods as described in this Agreement. Please note that the Company is not responsible for any automatic filtering applied by you or your network provider to email notifications sent to the provided email address. The Company may modify or update this Agreement from time to time at its sole discretion, and therefore, it is advisable to periodically review this page. In case of material changes to the Agreement, the last modified date at the bottom of this page will be updated. Your continued use of the Service after any such changes indicates your acceptance of the new Terms of Use. If you do not agree with these terms or any future Terms of Use, please refrain from using or accessing the Service.

c. Entire Agreement/Severability. This Agreement, along with any amendments and additional agreements you may enter into with the Company in connection with the Service, constitutes the entire agreement between you and the Company concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. However, if the universal Class Action/Jury Trial Waiver is deemed unenforceable, the entire arbitration agreement shall be considered unenforceable.

d. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. The Company's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
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Thank you for reviewing our Terms of Use. If you have any questions, please feel free to contact us at support@chatisland.com

Mailing address: 13/F., KENBO COMMERCIAL BUILDING, 335-339 QUEEN'S ROAD WEST, HONG KONG

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