KEY POINTS OF THESE TERMS
The following key points are provided for your reading convenience, but do not substitute the full Terms that are provided thereafter.
- Subject to these Terms, you may use the Service. The Service is intended for personal use only, for adults over the age of 60. Use of the Service is free of charge, but you may purchase a premium subscription to unlock additional features.
- When you use the Service, you must comply with our usage instructions and Community Guidelines, adhere to any applicable law and refrain from using the Service in a manner prohibited by these Terms.
- We might void your account or block your access to the Service if we believe that you violated these Terms or our Community Guidelines, if you were reported on multiple times by other users, or if we find that you have misused your right to use the Service in any other manner.
- Communications and interactions in the video chat rooms are strictly between you and your other users, and Pastime disclaims any and all responsibility for those communications and interactions.
- By accepting these Terms, you allow us to record your video group chats, to investigate reports. We will not share these recordings with third parties or use the recordings for other purposes.
- If you purchase a premium subscription, you will be required to pay for it, in the manner detailed herein
- We own all rights, title and interest in and to the Service.
- You assume full and exclusive responsibility for your use of the Service. We and our staff will not be liable for any direct or indirect damage suffered by you or anyone acting on your behalf, arising from or related to the Service or your use of it.
- You agree to indemnify us and our Staff against any damages, loss, costs, expenses and payments, arising from any third party claim in connection with your breach of these Terms.
- These Terms are governed by the laws of the State of New York. Most disputes between us will be decided in arbitration. You can opt out of arbitration under the terms outlined below, in which case disputes will be decided in court.
- We may occasionally amend these Terms. Your continued use of the Service indicates your consent to the amended terms.
ABOUT THE SERVICE
The Service allows seniors over the age of 60 to connect and communicate with each other in group video chat rooms of three to four participants. You may switch between rooms, star participants you like in order to increase the probability to participate in the same chat room with them and receive notifications when they are online, or block users you don’t want to talk to again.
USE OF THE SERVICE
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to use the Service for personal use, in accordance with our Community Guidelines. Use of the Service requires prior registration.You may use the Service free of charge. However, if you wish to unlock additional features, such as unlimited switching between chat rooms, you may purchase a premium subscription.The Service is intended for the use of individuals who are 60 or older, but may not in any way be used by individuals who are under the age of 18. By using the Service, you indicate that you are at least 18 years old.
Content Communicated Through the Service
THE VIDEO CHATS YOU PARTAKE IN ON THE SERVICE ARE HELD WITH OTHER USERS OF THE SERVICE. PLEASE EXERCISE DISCRETION AND CAUTION WHEN SHARING YOUR PERSONAL INFORMATION WITH THEM. WE CANNOT CONTROL THOSE OTHER USERS’ USE OF THE INFORMATION YOU CHOOSE TO SHARE WITH THEM.
USE OF THE SERVICE AS AT YOUR OWN RISK. ANY AND ALL COMMUNICATIONS AND INTERACTIONS BETWEEN YOU AND THE OTHER USERS IN THE VIDEO CHAT ROOMS, AND ALL CONSEQUENCES RESULTING FROM THEM, ARE STRICTLY BETWEEN YOU AND THE REST OF THE CHAT ROOM PARTICIPANTS. PASTIME IS NOT A PARTY TO THOSE COMMUNICATIONS AND INTERACTIONS, AND DISCLAIMS ANY AND ALL RESPONSIBILITY FOR THEM. PASTIME DOES NOT GUARANTEE OR MAKE REPRESENTATION OR JUDGMENT ABOUT THE ACCURACY, ADEQUACY, COMPLETENESS, CREDIBILITY, AUTHENTICITY, VALIDITY, INTEGRITY OR LEGALITY OF YOUR INTERACTIONS.
We may, but are under no obligation to, record your video group chats, from time to time, for the purpose of investigating reports submitted by participants of those video chats. By accepting these terms and by using the Service, you hereby give your consent to Pastime to collect the recordings of your video group chats. We will not share those recordings with third parties or use the recordings for purposes other than the purpose specified above without, your prior express consent, unless we are required to by law.
Reporting Other Users
You may report other users who participate in the same video chat room with you, in any of the following cases:
- If the user uses foul language;
- If the user presents or displays, in any manner during the conversation, nudity or related content;
- If the user’s camera is inactive during the conversation;
- If the user’s microphone is inactive during the conversation;
- If the user is unresponsive or not communicating with other users in the video chat group; or
- If the user is rude or impolite.
When you submit a report, we may contact you with regard to this report, and ask for further information.If we receive multiple reports about you, we may, in our sole discretion and without prior notice, void your account or block your access to the Service.
When using our Service, you must comply with these Terms and adhere to any applicable law.
You may not
- Attempt to circumvent, bypass or deactivate security or protection measures of the Service;
- Use our Service in order to develop or create an application, website or any other product similar to, or competing with, the Service;
- Attempt to compromise information security on our Service or in any network or server used by us, attempt to uncover information security vulnerabilities, or attempt to engage in any form of probing, scanning, crawling, robotic navigating or hacking the Service;
- Attempt to access the Service, download any information or use any information in our Service, in an automated or mechanized process;
- Attempt to activate or access features or capabilities that are undocumented, not ordinarily accessible or deactivated in the Service;
- Attempt to engage in reverse-engineering, disassembling or decompiling of the Service;
- Use the Service in any manner that may give rise to a criminal offense, civil tort, infringement or violation of the rights of any third party;
- Attempt to burden or interfere with the operation of the systems related to the operation of our Service;
- Attempt to integrate the Service or any part thereof in any application, webpage, or any other way;
- Use the Service for or in connection with any action that may encourage or constitute threat, harassment or fraud.
PREMIUM SUBSCRIPTION FEE
If you choose to purchase a premium subscription to the Service, you will be required to pay a monthly subscription fee. Payment is available through credit card, Apple Pay, Google Pay, or any other payment method as Pastime may determine from time to time.
Pastime reserves the right to change, from time to time and in its own discretion, the premium subscription fees and the available subscription plans. A notification of such change will appear on the Website, and the change will become effective a reasonable time thereafter. In any way, the current fees will always be available on the Website.
You may cancel your subscription at any time by deactivating your account or by contacting us at [insert email]. We will process your cancellation request and it will become effective at the end of your current subscription cycle, so long as you send us your cancellation request at least three business days before the end of the current subscription cycle. If you send us your cancellation within the last three business days of the current subscription cycle, your cancellation will only take effect in the subscription cycle after the one that immediately follows your cancellation request. Cancellation does not entitle you to any refund of fees you paid for the then-current subscription cycle.
All rights, title and interest in and to the Service, including all content therein and all patents, copyrights, trademarks, trade secrets and other intellectual property rights and any goodwill associated therewith, embodied therein or utilized by us in the operation of the Service, are the exclusive property of Pastime or our licensors. This includes our databases and the Service’s design, graphics, computer code, algorithms and “look and feel” (all together: “Proprietary Content”).
Other than as expressly permitted in these Terms, you may not, either by yourself or by a third party on your behalf, copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of, the Proprietary Content or the Service or any part thereof, in any way or by any means. You may not use any name, mark or logo that is similar to our marks and logos. You must refrain from any action or omission that may dilute or damage our goodwill.
CHANGES TO OUR SERVICE AND DISCONTINUATION
We may, at any time and without prior notice, change the layout, design, scope, features or availability of the Service. Such changes, by their nature, may cause inconvenience or even malfunctions. YOU AGREE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR TO ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.We may, at any time and in our sole discretion, discontinue or terminate the operation of the Service, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you.
DISCLAIMER OF WARRANTY
THE SERVICE IS PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVISORS, CONSULTANTS, SUBCONTRACTORS AND ASSIGNEES (COLLECTIVELY, OUR “**STAFF**”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRECTNESS, LEGAL COMPLIANCE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS ENTIRLY, OR TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT THEY WILL BE, AT ALL TIMES, ACCESSIBLE, AVAILABLE OR IMMUNE TO ERRORS, GLITCHES OR UNAUTHORIZED ACCESS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT IN THE EVENT OF INTENTIONAL MISCONDUCT OR FRAUD, THE TOTAL AND AGGREGATE LIABILITY OF PASTIME AND ITS STAFF, FOR ANY AND ALL DAMAGES ARISING FROM OF OR RELATED TO THESE TERMS OR THE SERVICE, IS LIMITED TO THE EQUIVALENT OF SIX MONTHS OF PREMIUM SUBSCRIPTION TO THE SERVICE, REGARDLESS OF WHETHER YOU HAVE A FREE OR A PAID SUBSCRIPTION TO THE SERVICE.
You agree to indemnify and hold harmless us and our Staff upon our request and at your own expense, from, and against, any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, arising from any third party complaint, claim, plea, or demand in connection with your breach of any provision or representation in these Terms.
If we seek indemnification from you, we will provide you with (i) prompt written notice of any indemnifiable claim; (ii) all reasonable assistance and cooperation in the defense of such indemnifiable claim and any related settlement negotiations, at your expense; and (iii) exclusive control over the defense or settlement of such indemnifiable claim, provided, however, that we may settle or reach compromise on any such claim without your consent, if and to the extent such settlement or compromise does not impose any liability (monetary, criminal or otherwise) on you. We will have the right to participate, our own expense, in the defense (and related settlement negotiations) of any indemnifiable claim with counsel of our own selection.
We may, in our own discretion, terminate these Terms in connection with your use of the Service at any time, by deleting your account, by blocking your access to the Service, or by any other manner contemplated by these Terms, if we believe that you have abused your right to use the Service.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and your use of the Service will be exclusively governed by and construed in accordance with the laws of the State of New York.
ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES BETWEEN YOU AND PASTIME REGARDING THESE TERMS OR THE USE OF THE SERVICE, WHICH ARE NOT AMICABLY RESOLVED, SHALL BE SETTLED THROUGH BINDING ARBITRATION (RATHER THAN IN COURT) BY TELEPHONE, ONLINE OR BASED SOLELY UPON WRITTEN SUBMISSIONS WITHOUT IN-PERSON APPEARANCE, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA), UNDER ITS CONSUMER ARBITRATION RULES (WHICH ARE AVAILABLE AT WWW.ADR.ORG). THE SUBSTANTIVE LAWS OF ARBITRATION SHALL BE THE LAWS OF THE STATE OF NEW YORK.
JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
HOWEVER, YOU MAY LODGE CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIM QUALIFIES.
THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THESE TERMS.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
PAYMENT OF FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA'S CONSUMER ARBITRATION RULES. THESE FEES WILL BE SHARED AS FOLLOWS: ONE THIRD BY YOU AND TWO THIRDS BY US, UNLESS THE ARBITRATOR: (I) DETERMINES THAT THE CLAIMS ARE FRIVOLOUS, IN WHICH CASE THE CLAIMANT SHALL BEAR ALL SUCH FEES ARISING FROM THE FRIVOLOUS CLAIM; OR (II) DETERMINES THAT THE FEES SHOULD BE ALLOCATED DIFFERENTLY.
YOU AND PASTIME HEREBY ACKNOWLEDGE, AGREE AND COVENANT THAT ANY DISPUTES SHALL ONLY BE ADJUDICATED IN ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT IN CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDINGS.
YOU MAY OPT-OUT OF THE ABOVE ARBITRATION CLAUSE BY EMAILING US TO [fill in email address], WITHIN SEVEN (7) DAYS OF YOU ENTERING INTO THESE TERMS BY USING THE SERVICE FOR THE FIRST TIME, AN OPT-OUT NOTICE THAT IDENTIFIES YOURSELF AND CLEARLY SETS OUT YOUR CHOICE TO OPT OUT OF DISPUTE RESOLUTION BY ARBITRATION. IN CASE OF SUCH OPT-OUT, ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES BETWEEN YOU AND US REGARDING THESE TERMS OR THE USE OF THE SERVICE, WHICH ARE NOT AMICABLY RESOLVED, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE COURTS LOCATED IN NEW YORK CITY, NEW YORK, AND UNITED STATES FEDERAL DISTRICT COURT FOR THE DISTRICT OF NEW YORK.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, A PARTY MAY ASSERT: (A) AN IMPLEADER CLAIM AGAINST THE OTHER PARTY IN ANY COURT OF COMPETENT JURISDICTION ADJUDICATING A THIRD-PARTY CLAIM THAT IS SUBJECT TO THE INDEMNITY CLAUSE IN THESE TERMS; (B) A CLAIM ALLEGING INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS (INCLUDING COPYRIGHTS AND TRADE SECRETS), IN ANY COURT HAVING GENERAL OR SPECIFIC JURISDICTION OVER THE DEFENDANT.
These Terms do not create any agency, partnership, employment, trustee, or other type of legal relationship between you and Pastime, other than that of two independent contractual parties.
CHANGES TO THESE TERMS
We may, from time to time and in our sole discretion, change these Terms. Your continued use of our Service after the effective date of the amended Terms constitutes your consent to the amended terms. If you do not consent to the amended terms, you must stop using the Service. The latest version of the Terms will always be accessible on the Website.
For any questions or inquiries, you may contact us by submitting a contact form or by emailing us at.
Last Update: April 2022