The use of AcmeChat™ and acmechat.com, as well as AcmeDating™ and acmedating.com (hereinafter referred to collectively as ACME) constitutes acceptance of the following Terms of Service as amended over time. Please review and become familiar with the Terms of Service. The policy may be updated at any time and it is your responsibility to familiarize yourself with such changes. These terms apply to users, members, and mailbox holders.
You must be eighteen or over to use ACME. Membership is void where prohibited by law. By using ACME, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the terms and conditions therein.
This Agreement will remain in full force and effect while you use the ACME. You may terminate your membership or close your mailbox at any time, for any reason by calling customer service. We may terminate your membership for any reason by deleting your mailbox on the system. If we terminate your membership in the system because you have breached the Agreement, you will not be entitled to any refund of unused Acme credits, prepaid message chips or unlimited access time or other benefits of the system.
- Non-Commercial Use by Members
ACME are for the personal use of individual members only and may not be used in connection with any commercial endeavors. Organizations, companies or businesses may not become members and should not use the system for any purpose. Illegal or unauthorized uses of the system will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive remedies.
- Proprietary Rights to Content
We own and retain all proprietary rights in ACME. These contain the copyrighted material, trademarks, and other proprietary information of Penguin Marketing Group LLC, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- Content Posted on the Site
You understand and agree that we may review and delete any content, messages, or profiles that in our sole and exclusive judgment violate this agreement or which might be offensive, illegal, or that might harm, violate the rights, or threaten the safety of Members.
You are solely responsible for the Content that you publish or record on ACME, or which you transmit to other members or users. By posting content to any public area of ACME, you automatically grant, and you represent and warrant that you have the right to grant, to Penguin Marketing Group LLC an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
The following is a partial list of the kind of content that is illegal or prohibited on ACME. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from ACME and terminating the membership of such violators. Prohibited material includes items that are:
- patently offensive, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
You must use ACME in a manner consistent with all applicable laws and regulations.
You may not include in your public message or chatline greetings any telephone numbers, street addresses, last names, URLs or email addresses.
You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the system. Although we cannot monitor the conduct of individuals outside the use of ACME, it is a violation of these rules to use any information obtained from the system to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to any member without their prior explicit consent.
- Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
- Member Disputes
You are solely responsible for your interactions with other members and box holders. We reserve the right, but have no obligation, to monitor disputes between you and other members.
Penguin Marketing Group LLC is not responsible for any incorrect or inaccurate content posted on ACME whether caused by users of the system, members or by any of the equipment or programming associated with or utilized in the system. We are not responsible for the conduct, whether online or offline, of any user of the system. Penguin Marketing Group LLC 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. We are 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 website or combination thereof, including injury or damage to users, members or box holders or to any other person’s computer related to or resulting from participating or downloading materials in connection with the web or in connection with ACME. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of ACME, its systems and platforms or any content posted on the system or transmitted to members, or any interactions between users of the system, whether over the telephonic system, online, or offline. ACME platforms are provided “AS-IS” and Penguin Marketing Group LLC expressly disclaims any warranty of fitness for a purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of our systems and platforms.
- Limitation on Liability
In no event shall Penguin Marketing Group LLC be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of ACME, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Penguin Marketing Group’s liability to you for any cause whatsoever, and regardless of the form of the action, will be limited to the amount paid, if any, by you to us for use of ACME, its systems and platforms.
If there is any dispute about or involving ACME, by using the system, you agree that the dispute will be governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Florida, County of Palm Beach.
You agree to indemnify and hold Penguin Marketing Group, LLC, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of ACME in violation of this agreement or arising from a breach of this agreement or any breach of your representations and warranties as set forth above.
This agreement, accepted upon your use of ACME, contains the entire agreement between you and Penguin Marketing Group, LLC regarding the use of our systems and platforms. If any provision of this agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.