Terms of Service for Anonymous Individual Users
Welcome to Open-To-Chat. Please read these Terms of Service ("Terms") carefully before using the Open-To-Chat website (the "Service") operated by Open-To-Chat ("us", "we", or "our").
1. Acceptance of Terms
By accessing or using the Service, and by clicking the "Accept" button, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.
2. Eligibility
You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old.
3. Description of Service
Open-To-Chat is a platform that provides users with information about restaurants, venues, locations, or individual users that have registered to host a social space where individuals can meet people for the purpose of engaging in conversation and/or activities (e.g., hiking, games, or side-by-side work). The Service is intended for informational purposes only.
4. Privacy and Anonymity
Users may browse the Service anonymously without creating an account. We do not collect personally identifiable information from anonymous users unless they choose to provide it to us. Due to the anonymous nature of our Service, users are solely responsible for their own safety and interactions with others. While we will cooperate fully with law enforcement, we may not be able to personally assist in investigations.
5. Location Sharing
As part of the Service, you may choose to share a snapshot of your location to indicate that you are at a specific venue, such as a coffee shop or a park. By doing so, you grant us permission to access and use your location data for this purpose. You represent and warrant that any location information you provide is accurate and that you have the right to share it. It is highly recommended that you do not share or use any private residence such as a home for this Service.
6. User Conduct, Interactions, Liability, and Safety
Users are solely responsible for their own conduct, the content they post, and their interactions with others while using the Service. This includes any interactions with other individuals or businesses. Harassment, offensive language, stalking, or other inappropriate behavior, including but not limited to fraud and scams, are strictly prohibited.
Any actions or behaviors that result from the use of the Service, whether they involve other users, businesses, or third parties, are at the user's own risk. Open-To-Chat is not responsible for any damage, injury, or loss resulting from such actions, including but not limited to physical or verbal altercations.
Users must agree to leave and disengage from a meetup immediately if asked to do so by another user, a business, or any authority. Participation in meetups facilitated by Open-To-Chat is not an entitlement but a privilege. Any user who is asked to leave the premises of a business or any other location while participating in a meetup must do so promptly and without dispute.
In cases of criminal activities such as stalking, harassment, and physical or verbal violence, Open-To-Chat will cooperate fully with law enforcement. However, due to the anonymized nature of our Service, we may not be able to assist personally in investigations.
Users are encouraged to report any illegal or suspicious activity to the relevant authorities. We strongly advise all users to exercise caution, good judgment, and prioritize their safety when interacting with others.
7. Assumption of Risk
By using the Service, you acknowledge and agree that meeting and interacting with other users involves inherent risks, including but not limited to the risk of physical altercations, verbal disputes, or emotional distress. You voluntarily assume all risks associated with such interactions, and Open-To-Chat disclaims any liability for any injuries, damages, or losses incurred as a result.
8. Incident Reporting
If you encounter any offensive, harmful, or illegal activity while using the Service, you are encouraged to report it to us. Due to the anonymous nature of our Service, we may not be able to personally investigate or address the reported incident. However, we will cooperate with law enforcement authorities to the extent possible.
9. User Verification
While the Service provides for anonymous usage, a unique user ID is created on your system browser and is sent to our database. It is not a cookie. It means each time you place a map pin, it checks if you have a current pin down and will replace it. If you delete your browser cache, your unique user ID will be reset. Your unique ID information will be used solely for the purpose of managing user accounts and will not be shared with other users or third parties without your explicit consent unless it becomes necessary as part of a legal proceeding.
10. No Guarantees
Open-To-Chat does not guarantee or promise any specific results from the use of the Service. In particular, we make no representation or warranty that users will make friends or establish meaningful connections through the Service.
11. Limitation of Liability
To the maximum extent permitted by law, Open-To-Chat and its directors, employees, partners, agents, suppliers, or affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
12. Use in Various Venues
12.1 Use in Registered Businesses
Open-To-Chat provides information about social events at registered businesses. By participating in these events, you agree to adhere to the rules and policies of the registered business and to conduct yourself in a responsible and lawful manner. If you are denied access to a registered business location or asked to leave, you must respect and comply with the request promptly. Any failure to adhere to these directives or the policies of the business may result in consequences as determined by the business or Open-To-Chat.
12.2 Use in Non-Registered Businesses
If you engage in Open-To-Chat activities at non-registered businesses (i.e., businesses that have not officially partnered with or registered through Open-To-Chat), you do so at your own risk. You should obtain permission from the business owner or manager before engaging in Open-To-Chat activities. If you are denied access or asked to leave a non-registered business location, you must do so immediately and respectfully. Open-To-Chat disclaims any liability for incidents or issues that arise from using the Open-To-Chat system in non-registered businesses.
12.3 Use in Public Places
When using Open-To-Chat in public places such as parks or hiking trails, you agree to comply with all applicable laws and regulations and respect the rights and property of others. If you are asked to leave or cease your activities by any authoritative figure or property owner, you must comply without dispute. You are solely responsible for your own safety and conduct. Open-To-Chat is not liable for any damage or injuries that occur in these settings.
13. Indemnification
You agree to indemnify and hold harmless Open-To-Chat and its officers, directors, employees, and agents from any claims, liabilities, damages, or expenses arising out of or related to your use of the Service, your interactions with others, or your violation of these Terms. This includes indemnity against claims made by third-party businesses or individuals as a result of your conduct, such as property damage, personal injuries, or any other harm caused during interactions facilitated by the Service.
14. Dispute Resolution and Arbitration
By using the Service, you agree that any disputes arising from your use of the platform will be resolved through binding arbitration, rather than in court, except for matters that may be brought in small claims court. This arbitration shall be conducted online or in Washington State, USA, depending on the circumstances and availability.
15. Governing Law
These Terms shall be governed by the laws of Washington State, USA, without regard to conflict of law principles.
16. Modifications
We reserve the right to modify or replace these Terms at our sole discretion. Continued use of the Service following any changes constitutes acceptance of the new Terms.
17. Intellectual Property
Open-To-Chat and its original content, features, and functionality are and will remain the exclusive property of Open-To-Chat and its licensors. The Service is protected by copyright and other laws of the United States of America and foreign countries.
18. Contact Information
If you have any questions or suggestions about these Terms, please contact us at Open-To-Chat@outlook.com.
19. Acknowledgment
BY USING THE SERVICE, WHETHER AS A REGISTERED USER OR AN ANONYMOUS INDIVIDUAL, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
Effective Date: October 6th, 2024