Terms of Service

Last updated: 17th April, 2024

Introduction

This document, which may also be referred to as “Terms”, “Terms of Service”, “User Agreement” or “Agreement” throughout, is a legally binding agreement between, individuals, businesses, and organizations (Users) and OmegleMe (OmegleApp.me), which may also be referred to as the “Website” or “App” hereafter.

The terms “us”, “we”, “our”, “ourselves” may also be used to refer to OmegleApp.me throughout, while the terms “you”, “your”, “visitor” and “user” refer to all the users of this Website. The terms “Content” and “Contents” are used to refer to any materials made available via Website. These electronic materials may be provided or accessible either by you, other users, or Our Services. The term “Services” refers to the Website, encompassing its associated customized features, access to user-generated content, and functionalities for creating and posting content in various forms and formats. This includes but is not limited to the features and capabilities provided by the Website, such as text and video chat functionalities, interaction with other users, and any additional services offered by the Website.

When you access or use our Services, you are consenting to abide by these Terms and agreeing to our Privacy Policy and Community Guidelines. To continue using our Services, we ask that you regularly review and become familiar with these Terms. If you do not agree to these Terms, we kindly ask you to refrain from accessing or using the Services in any way.

I. ACCESS AND USE OF SERVICES

  • We grant you a nonexclusive, non-sublicensable, revocable license to access and use our Website strictly in accordance with this Agreement. Your rights under this Agreement are not transferable or assignable, and any such transfer shall be void or voidable where appropriate.
  • You must be of legal age (18 years old in most jurisdictions) in your country to use the service. However, if you are 13 years old or above, you may use the Service by exclusively utilizing the text chat feature without transmitting or receiving video information (or any feature that does not involve transmitting or receiving video information). It is the user's responsibility to ensure they meet the age requirement to use the Service. By accessing the service, users acknowledge and agree to abide by the specified age restriction.
  • You agree to be responsible for your use of our Services and undertake to comply with applicable law and our allied policies.
  • The Services we provide to you are for your personal and non-commercial use only. You may not use the Services for any commercial purposes without our express written consent.
  • You will access our Services in any manner determined by us and conveyed to you from time to time.
  • You agree not to use the Website:
    • for any purpose that is illegal or prohibited by this Agreement.
    • in any way that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website.
    • in a way that may infringe the rights of third parties, including privacy rights, intellectual property rights, and proprietary rights.
    • to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
    • to distribute, publish, or send any material that is defamatory, offensive, abusive, indecent, harmful, or objectionable in any way.
    • to distribute, publish, or send any material that is illegal or unlawful, or that may give rise to civil or criminal liability.
    • to distribute, publish, or send any material that may be harmful to minors in any way.
  • We may terminate or restrict your use of our Service if you violate these Terms or engage in any illegal, fraudulent, unethical, unwarranted or otherwise malicious use of our Service.
  • To ensure the best user experience, we retain the right to update the Website. Maintenance, upgrades, and other activities may temporarily interrupt your access to our Services for a reasonable duration. Advance notification of scheduled maintenances may or may not be provided. Furthermore, we cannot be held liable to you or any third parties for any inconvenience caused.
  • The responsibility for all issues and costs related to Internet connections and mobile data services lies with the individual User. We recommend that all Users confirm the costs associated with Internet or data connections before using our Website.
  • Any feedback, comments, or suggestions you give about the Services are optional. We can use them as we see fit and without any obligation to you.

II. USER CONTENTS

  • Users can transmit text, audio (verbal statements), and video information to other Users. By making any User Content available through the Website, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license. This license includes the right to sublicense and allows us to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, and otherwise exploit such User Content on the Website and third-party websites. This usage encompasses commercial purposes as well.
  • We do not endorse, support, represent, authorize the circulation of any User Content published on our Application, and we do not attest to the accuracy, originality, reliability, legitimacy, completeness, of such Content, as available on our Services.
  • We do not claim any ownership rights in any User Content, and nothing in these Agreements will be deemed to restrict any rights that you may have to use and exploit such User Content. The copyright for all Content remains with the User who provided it.
  • You acknowledge and agree that you are solely responsible for all User Content that you make available through the Website. Accordingly, you represent and warrant that you are either the sole and exclusive owner of all User Content that you make available through the Website, or you have obtained all necessary rights, licenses, consents, and releases required to grant us the rights to such User Content as contemplated under the terms of this Agreement.
  • You represent and warrant that neither the User Content nor your broadcasting or transmission of the User Content, nor our use of the User Content (or any portion thereof) on the Website or third-party websites, will infringe, misappropriate, or violate any third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  • You agree not to provide any Content that violates the terms of this Agreement or our Rules, infringes on the rights of other Users, or may be considered obscene or offensive to others.
  • You agree not to transmit any Content that violates any applicable law or regulation, or that encourages conduct which would violate such laws or regulations, or that could lead to civil liability.
  • You agree not to promote, advertise, or offer any commercial services while using our Website. Additionally, you agree not to use the Website or its Content for any commercial purpose or for the benefit of any third party, or in any manner not permitted by these Agreements.

III. MODERATION AND CONDUCT

  • We reserve the right to monitor and moderate User Content on the Website; however, we are not obligated to do so except as required by law.
  • All Content available on the Website is the sole responsibility of the Content originator. Your use or reliance on any Content while using the Services is solely at your own risk. You may encounter Content that you find offensive, harmful, misleading, inaccurate, or inappropriate.
  • We may, at our discretion, provide you with the ability to report User Content that you believe violates these Agreements or our Community Guidelines. We may investigate such reports and take appropriate action.
  • We may remove or disable access to any User Content for any reason, including User Content that, in our sole discretion, violates these Agreements or our Community Guidelines or is otherwise harmful to the Website or other Users. Additionally, We may also take appropriate legal action against Users who violate these Agreements or our Community Guidelines, including reporting you to law enforcement authorities.
  • By using our services, you also agree that chat messages, screenshots from your video camera, or any other information related to you may be viewed by our volunteer moderators, administrators, or other authorized personnel. This is necessary to ensure the safety of all users on the platform.
  • While we may not always monitor or control accessible Content on the Services, as an intermediary, we cannot assume responsibility for such content.
  • For severe violations of any of our Terms or Community Guidelines, we reserve the right to retain certain information related to the violation, including but not limited to IP addresses, chat messages, and related records for a longer duration than other information, for potential production to governmental authorities for investigative purposes.

IV. WARRANTIES AND DISCLAIMERS

The service (including, without limitation, any content) is provided "as is" and "as available" without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Your use of the service is solely at your own risk. The administrators, moderators, partners and other authorized personnel of the Website do not warrant that:

  • The Services will be available at any specific time or location.
  • Any defects or errors within the Services will be corrected.
  • Any content or software available using the Services is free from viruses or other harmful components.
  • The results obtained from using the Services will meet your particular requirements.
  • The Services will be secure or that any information you provide will be protected from unauthorized access or disclosure.

We reserve the right to modify, suspend, or discontinue the Services at any time without prior notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.

V. INDEMNITY

You shall defend, indemnify, and hold harmless us, our affiliates, subsidiaries, joint venture partners and each of their affiliates, subsidiaries, joint venture partners' employees, contractors, directors, suppliers, and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to:

  • your use or misuse of, or access to, the Services, Content, or otherwise from your User Content;
  • your violation of these Terms, including any abusive or unlawful behavior, or any other agreement with us;
  • your violation of any third-party right, including without limitation any intellectual property right or privacy right;

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with us in connection therewith.

VI. LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event shall we (nor our administrators, moderators, partners, agents or any other authorized personnel of the Website) be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service:

  • For any lost profits, data loss, loss of goodwill or opportunity, or any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever;
  • For your access to or use of, or inability to access or use the Service;
  • For any conduct or content of any third party on the Service;
  • For any content obtained from the Service; and
  • For any unauthorized access, use, or changes to your messages or content, regardless of whether we were aware of the risk or if attempted remedies fail.

VII. GOVERNING LAW AND DISPUTE RESOLUTION

The validity, construction and enforceability of these Terms, Privacy Policy and Community Guidelines shall be governed and construed in accordance with the laws of India.

Any dispute arising out of or in connection with these Terms, Privacy Policy and Community Guidelines, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the (Indian) Arbitration and Conciliation Act, 1996. The tribunal shall consist of three (3) arbitrators. Each party shall appoint one (1) arbitrator, and the two (2) arbitrators shall appoint the third arbitrator. The arbitration proceedings shall take place in Kolkata, West Bengal, India. English shall be the language used in the arbitral proceedings. Subject to the above, the Courts in Kolkata shall have exclusive jurisdiction.

You expressly consent to the jurisdiction of the mentioned courts/tribunal and irrevocably waive any objection, now or in the future, to such jurisdiction based on forum non conveniens or any other basis.

VIII. SEVERABLITY

If any provision of these Terms is deemed unenforceable or invalid, it will be modified and interpreted to achieve the objectives of such provision to the fullest extent permitted under applicable law. The remaining provisions will remain in full force and effect.

IX. COMPLAINTS

Should you have any complaints or concerns about our Services, please contact us at omegleapp.me@gmail.com. We will do our best to address your concerns and resolve any issues you may have.

X. CHANGES

We reserve the right, without prior notification to you, to amend or change this Agreement, Privacy Policy, and Community Guidelines. The most recent and up-to-date copies of the above documents are published on our Website. Any amendments become active and valid from the moment the amended text is updated on the respective page on our Website. In some instances, we may notify Users of amendments to documents; however, it is the responsibility of the User to regularly check the respective pages for updates. Should you disagree with any terms outlined in this Agreement, you should stop using our Website immediately. Continuing to use our Website after any amendments come into effect indicates your agreement with all changes and the amended terms of this Agreement.