Terms of Service

1. ACCEPTANCE OF TERMS 


Welcome to the Noodchats Social Networking Service (hereon, the "Service") provided by Noodchats, LLC (hereon, “Noodchats”). Your use of the Service is subject to these Terms of Service ("TOS"). Noodchats reserves the right to update and change the TOS from time to time without notice or acceptance by you. The TOS will also be applicable to the use of the Service on a trial basis. By using the Service, you signify your irrevocable acceptance of this TOS, as amended by Noodchats periodically and acknowledge that changes to this agreement may be made at any time.

2. DESCRIPTION OF SERVICE 


2.1 The Service is web-based and allows users that register for an account on the Service (an "Account Holder") to create and update an online profile on Noodchats’ Internet property.

2.2 Once registered with the Service, each Account Holder receives his or her own Profile to post "Content" (as such term is defined in Section 7). Each Profile has limited disk space. The type and number of tools you may use depend on the type of account you have. Users are also allowed to contact other users via a Private Message and message board (“Wall”) system. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Noodchats.com tools and resources, shall be subject to the TOS.

2.3 In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based Content, and pay any Service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

2.4 You also understand and agree that the Service may include certain communications from Noodchats, such as Service announcements and administrative messages, and that these communications are considered part of Noodchats membership and you will not be able to opt out of receiving them.

2.5 You agree not to access the Service by any means other than through the interfaces that are provided by Noodchats for use in accessing the Service.

3. REGISTRATION


3.1 In order to use the Service, you must have a valid Noodchats ID. To be an Account Holder with your own Profile, you must provide Noodchats with your name, a valid email address and other information ("Registration Data").

3.2 As an Account Holder, you will choose a password and account designation (“Username”) for your Profile during the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. 3.3 You agree to

(a) immediately notify Noodchats in writing 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.

3.4 Noodchats cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. In consideration of use of the Service, you agree to:

(a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and

(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

3.5 If you provide any information that is untrue, inaccurate, not current or incomplete, or Noodchats has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Noodchats has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

3.6 Eligibility to register for an Account on the Service comes with the following exceptions:

(a)                  Users under 13 years of age are prohibited from using the Service and registering for an Account.

(b)                  Businesses and organizations are prohibited from registering an Account. Each Account must correspond to a unique individual person.

(c) If you have already registered for an Account on the Service and the Account is active, a new account can be created only upon the deletion of the existing Account. Possession of multiple accounts, as determined solely at the discretion of Noodchats, is prohibited.

4. CANCELLATION AND TERMINATION

4.1 If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your Profile and all information contained therein may be deleted by Noodchats.

4.2 Noodchats.com accepts no liability for such deleted information or Content.


4.3 You agree that Noodchats.com, in its sole discretion, may terminate your password and/or account, and remove and discard any Content within the Service (including, but not limited to your Profile and Personal Messages if you are an Account Holder), for any reason, including and without limitation if Noodchats believes that you have violated or acted inconsistently with the letter or spirit of the TOS.

4.4 Any contracts, verbal or written or assumed, in conjunction with your deleted Profile (as applicable) and all its parts, at Noodchats’ discretion, will be terminated as well.

4.5 Noodchats may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice.

4.6 You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Noodchats may immediately deactivate or delete your Profile, as applicable, and all related information and files.

4.7 Noodchats reserves the right to bar any further access to such files or the Service.

4.8 You agree that Noodchats shall not be liable to you or any third-party for any termination of your access to the Service.

5. NOODCHATS PRIVACY POLICY 


5.1 Registration Data and certain other information about you are subject to our Privacy Policy, the terms of which are incorporated into this TOS by reference.

5.2 Personal data that may be shared on your Profile is at the discretion and responsibility of the Account Holder.

5.3 The Account Holder selects for each profile created whether to share that specific profile with the public, invited friends, or private to the Account Holder only.

5.4 The Account Holder may limit his/her contactability to people who meet a certain set of criteria based on age, sex, and/or location, which can be specified from the privacy settings page.

5.5 Noodchats at its sole discretion may modify or remove any of the information contained within a user’s Profile without warning should it be found or suspected to be false or contain prohibited Content (Section 7).

5.6 In order to verify compliance with these Terms of Service, Noodchats reserves the right to access and examine Registration data, Private Message data and/or any other Content submitted by a user on the Service.

6. OWNERSHIP OF WEBSITE ACCOUNT AND SECURITY

6.1 
You are responsible for maintaining the security of your account and Profile, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Profile.

6.2 You agree to immediately notify Noodchats in writing of any unauthorized uses of the account or any other breaches of security.

6.3 Noodchats cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

6.4 You acknowledge and agree that under no circumstances will Noodchats.com be liable, in any way, for any acts or omissions by an Account Holder or a Guest, including any damages of any kind incurred as a result of such acts or omissions.

7. CONTENT AND CONDUCT RULES AND OBLIGATIONS 


7.1 You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, Services or other materials ("Content") are the sole responsibility of the person from which such Content originated.

7.2 You, and not Noodchats, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service.

7.3 Noodchats does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. 
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Noodchats.com be liable in any way for any Content, 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 Content posted, transmitted or otherwise made available via the Service.

7.4 You acknowledge that Noodchats does not pre-screen Content, but that Noodchats and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, modify or delete any Content that is available via the Service.

7.5 Without limiting the foregoing: Noodchats and its designees shall have the right to remove or modify any Content that violates the TOS or is otherwise objectionable at Noodchats’ sole discretion. 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 usefulness of such Content.

7.6 In this regard, you acknowledge that you may not rely on any Content created by Noodchats or submitted to Noodchats. You acknowledge and agree that Noodchats 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;

•  (b) enforce the TOS;

•  (c) respond to claims that any Content violates the rights of third-parties; or

•  (d) protect the rights, property, or personal safety of Noodchats, its users and the public.

7.7 You understand that the technical processing and transmission of the 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. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be Noodchats’ sole discretion as to what action should be taken.

7.8 You agree that you will not:

•  (a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;

•  (b) harm minors in any way;

•  (c) impersonate any person or entity, including, but not limited to, as an Noodchats official, forum leader, moderator or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

•  (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

•