Terms of Service ("Terms")

Last updated: October 3, 2022

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://y99.in website (the "Service") operated by Y99 ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

You agree to have read and understood the article What is the SERVICE not for?

You agree to have read and understood the article Welcome to the SERVICE

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Service.
The Service has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Service shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may limit, terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Service Charges

IT IS NOT "YOUR RIGHT" TO USE OUR SERVICE WITHOUT A LICENSE. This service operates on a licensed basis, granting access to our platforms only to those who fully comply with the terms of our agreement. We kindly remind users that while access may appear free, it comes with the understanding that they will use the service responsibly and in a manner that contributes positively to the community. Abuse or misuse of the service will not be tolerated, and violators may be subject to significant charges reflecting the true cost of their actions.

EULA Agreement Clause - End User License Agreement for Computer Software/ Web Application

This software contains proprietary information and intellectual property that are protected by copyright law and international treaties. Unauthorized access, reproduction, distribution, or disclosure of any part of this software without the express permission of the copyright owner may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Any attempt to reverse engineer, decompile, or disassemble the software is strictly prohibited and may constitute a violation of applicable laws. This software is licensed, NOT SOLD, NOT FREE, NOT PUBLIC DOMAIN, NOT OPEN SOURCE, and the copyright owner retains all rights not expressly granted to the end user under this EULA CLAUSE. By installing or using this software, you agree to be bound by the terms of this EULA CLAUSE and acknowledge the proprietary nature of the software and the rights of the copyright owner.

Anti-Evasion Clause "AEC1": You agree to immediately cease accessing the software upon termination of your license. License termination constitutes a complete prohibition on access to the software by your entire household, relatives, allies, clients, partners, friends, employees, and acquaintances without written permission from the operator. Encouraging/ Engaging in unauthorized access by human or technological means or soliciting others to perform such actions, will be considered a copyright violation and an severely offensive abuse of our software. If this clause is deemed unenforceable, the remaining clauses, portions, and terms shall remain unaffected and intact. Law enforcement, government and court officers, as well as well recognized DMCA agencies, are exempt from the provisions of this clause "AEC1".

Data Retention

We may preserve or disclose any information if we believe that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request; to protect the safety of any person; to address fraud, security or technical issues; or to protect the Service's rights or property.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the jurisdiction where the owner or operator of the service is located, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Legal/ Intellectual Property/ Law enforcement
Contact us via email

Feedback/ Contact Us
If you have any questions about these Terms, please contact us through the form at https://y99.in/about.html or email

Child Safety
  1. You must be 18 years old or older, or at least 13 years old with parental supervision, to use this service.
  2. You shall not take opinions or suggestions provided by any user as professional advice.

Privacy
1. You must agree to our privacy policy, available here - https://y99.in/privacy.html
2. You shall not share any personal information (real name, age, location, photos) with any user on the service. Administration will not be responsible for loss occurring due to breach of terms.
3. We respect your privacy but upon requested by law we will hand over them your chat logs.
4. In certain cases your logs may take longer to be wiped out from our server in order to make reports to law enforcement whenever necessary.

GDPR
We strictly adhere to a policy of not collecting any personally identifiable information. It is imperative that users refrain from disclosing any personal information to anyone. Any such disclosure would constitute a breach of our terms and conditions. In such cases, users are advised to delete their account(s) immediately and create a new account.
When prompted for an email address for account security purposes, it's advisable to refrain from providing your primary email address or any email address that directly discloses your real identity. Alternatively, you have the option to decline providing an email address altogether and dismiss the popup requesting this information.
Whenever feasible, we store sensitive information only for the duration necessary to fulfill its intended purpose, typically in a format that automatically expires.

Account Deletion
You may delete your registered account on your own at anytime through the Service website/ app or email us to get your account deleted.

Visitors must also comply with the below terms:
1. Do not share any information that —
(a) belongs to another person and to which the user does not have any right to;
(b) is illegal, unethical, grossly harmful, harassing, blasphemous, defamatory, obscene, erotic, sexually suggestive, nsfw, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, body shaming, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonates another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens public health or safety; promotion of cigarettes or any other tobacco products or consumption of intoxicant including alcohol and Electronic Nicotine Delivery System (ENDS) & like products that enable nicotine delivery
(j) threatens critical information infrastructure.
2. The service promptly reports cyber crime incidents to authorities.
The service reserves the right to report you to the relevant authorities in case you would (beyond a reasonable doubt) pose danger to the Service or to anybody else.
3. Do not use the service if you are mentally unstable, have self harm tendencies or are easily offended.
4. Block those accounts you deem offensive or disturbing. Use the provided in-app report user button when necessary.
7. When you agree to the terms, you are granted a non transferrable and revocable license to use the Service, your license is not a right or ownership.


You agree not to:
  • breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or our Terms or Rules;
  • use the Services for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies the Service’s endorsement, partnership or otherwise misleads others as to your affiliation with the Service;
  • license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services;
  • except as explicitly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit the Services, in whole or in part, in any form or by any means;
  • use, display, mirror or frame the Services or any individual element within the Services, the Service's name, any trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without the Service’ express written consent;
  • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Services for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by the Service or any of the Service’s providers to protect the Services;
  • modify, make derivative works of, attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Services;
  • violate or infringe anyone else’s rights or otherwise cause or threaten harm to anyone.
  • use the Service to promote or advertise any product or service
  • use the Service to send spam or use it in a way that contributes to ever increasing spam on the Internet

  • continue to use the Service once banned or evade the ban.
    Users are given a revocable, non-transferable license to utilize the Service. If a ban is imposed, this license is immediately revoked. Any attempt to access the Service after being banned, whether directly or through alternative means, is strictly prohibited.
    Due to our numerous legal, moral, and social obligations, we reserve the right to ban any individual at our sole discretion if we detect any behavior that appears even slightly unusual. Your unauthorized use of the Service may cause us significant distress and technical challenges in fulfilling our socio-legal responsibilities. Therefore, by agreeing to this agreement, you acknowledge that we reserve the right to take legal action, both criminally and civilly, as well as collect compensation service charges, to the maximum extent permitted by law if you attempt to evade a ban.
    Any service charges collected in this manner will be 𝘤𝘰𝘯𝘵𝘳𝘪𝘣𝘶𝘵𝘦𝘥 𝘵𝘰 𝘢 𝘳𝘦𝘱𝘶𝘵𝘦𝘥 𝘵𝘩𝘪𝘳𝘥-𝘱𝘢𝘳𝘵𝘺 𝘰𝘳𝘨𝘢𝘯𝘪𝘻𝘢𝘵𝘪𝘰𝘯 𝘸𝘪𝘵𝘩 𝘢 𝘧𝘰𝘤𝘶𝘴 𝘰𝘯 𝘴𝘰𝘤𝘪𝘢𝘭 𝘸𝘦𝘭𝘧𝘢𝘳𝘦 of our choice, in order to promote digital well-being resources and books among communities.
    We retain the right to impose a service charge of $500 per day for each active account that you create (or takeover or manage to come online with) without authorization, whether directly or indirectly, in case of any attempt to re-access the Service without prior written permission post a ban. This charge applies for every day that an unauthorized account remains active on our platform. Activity includes any connection to our service, even if it lasts only for a second. Additionally, we reserve the right to involve a collection agency to pursue the outstanding debt associated with unauthorized account creation and usage. We also reserve the right to pursue legal action, including claims for monetary compensation and any other relevant relief permitted by law, to the maximum extent possible, for unauthorized access.

    Automatic Bans: Please note that the Service employs automatic bans that are not subject to human review. If you suspect you have been automatically banned, kindly reach out to us via email instead of attempting to circumvent the ban.

    Ban Evasion Penalty Exceptions:
    1. Government, court or law enforcement officers and DMCA agencies are exempt from adhering to any bans or ban evasion policies or service charge agreements.
    2. If you encounter a "full page IP ban error" message stating "Your IP has been banned" and you believe you have not violated any rules, you may access the service using an alternative IP address. This exception only applies to instances of the "full page error." as the full page error is a "bot protection" mechanism and not an actual ban.
    3. We will waive service charges for users whom we believe have been accidentally or erroneously banned.

  • begin or continue to use the Service if you have ever been convicted of any crime other than minor traffic offences.
  • threaten or intimidate any user, person, organization, state or country.
  • contact any user after being blocked by them or evading a block. Harassment maybe reported to the law enforcement.
  • create multiple accounts for spamming, harassing purpose or with any malicious intention.
  • use incorrect information to sign up (with an intention to bypass security, unlock a Service otherwise unaccessible, deceive, trick, defraud or harm the service or users)
  • leak any private conversation or private section of the Service (wholly or in part) publicly on Service or any other platform without permission from all the involved parties
  • save or download user generated content without the content creator's explicit permission (unless for making complaints/ reports)



    • IMPORTANT TERMS:
    Please take a moment to thoroughly review and agree to the following terms. These terms supersede any previously conflicting terms. Similar terms that do not conflict will be treated as separate individual terms that you must agree to. 
    	Although of course we strive to make the service as dependable as possible, the service is provided on an AS IS
	– WITH ALL FAULTS basis. Your use of our service is entirely at your own risk. We do not guarantee the
	availability of our service at any given time, or the reliability of our service when it is running. We do not
	guarantee the integrity of, or the continued availability of your data on our servers. THE SERVICE DISCLAIMS ALL
	WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY.
	NOTWITHSTANDING ANYTHING ELSE STATED IN THESE TERMS, AND IRRESPECTIVE OF WHETHER the Service TAKES OR DOES NOT
	TAKE MEASURES TO REMOVE INAPPROPRIATE OR HARMFUL CONTENT FROM ITS SERVICE, THE SERVICE HAS NO DUTY TO MONITOR ANY
	CONTENT ON ITS SERVICE. THE SERVICE DOES NOT ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, OR
	HARMLESSNESS OF ANY CONTENT APPEARING THAT IS NOT PRODUCED BY THE SERVICE, INCLUDING BUT NOT LIMITED TO USER
	CONTENT, ADVERTISING CONTENT, OR OTHERWISE.

	THE PROVIDER OF THE SERVICE, AND ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE SERVICE'S OPERATION WILL NOT BE
	LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE
	OF, OR INABILITY TO USE, THE SERVICE, EVEN IF THE SERVICE HAS BEEN ADVISED OF OR REASONABLY SHOULD HAVE KNOWN OF
	THE POSSIBILITY OF SUCH DAMAGES. NO CAUSE OF ACTION ARISING OUT OF YOUR USE OF THE SERVICE MAY BE BROUGHT MORE
	THAN ONE YEAR AFTER IT OCCURS.

	YOU WILL INDEMNIFY AND HOLD THE SERVICE AND ALL OF ITS PERSONNEL HARMLESS FROM ALL LOSS, LIABILITY, CLAIMS,
	DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THESE
	TERMS, YOUR INFRINGEMENT OF ANY THIRD PARTY'S RIGHTS, AND ANY HARM CAUSED TO ANY THIRD PARTY AS A RESULT OF YOUR
	ACTIVITIES.

	TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SERVICE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT, ACTS OR OMISSIONS OF YOU OR ANY OTHER THIRD PARTY, INCLUDING OTHER USERS OF THE SERVICES, IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above limitations and exclusions may not apply to you.


	TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF ACCESSING OR USING THE SERVICES, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF OMEGLE, THIRD-PARTIES INCLUDING OTHER USERS OF THE SERVICES, OR DEFECTS IN THE SERVICES.
	
	TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICE PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SERVICE AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE SERVICE IS ADVISED OF SUCH PURPOSE), AND IMPLIED WARRANTIES ARISING FROM A PARTICULAR COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, NEITHER THE SERVICE NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, TRUTHFUL, COMPLETE, RELIABLE, OR ERROR FREE, (II) THAT THE SERVICES WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE, OR SECURE, (III) THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL PROPERTIES, (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES, (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR (VI) THAT ANY CONTENT PROVIDED VIA THE SERVICES IS NON-INFRINGING. NO INFORMATION OR ADVICE PROVIDED THROUGH THE SERVICES BY THE SERVICE OR BY THE SERVICE’S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations and exclusions may not apply to you.
	
	THE SERVICE HAS NO CONTROL OVER AND DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE CONDUCT, ACTS OR OMISSIONS OF OTHER USERS OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL LOOK SOLELY TO THE OTHER USERS, AND NOT THE SERVICE, WITH RESPECT TO ANY CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATING TO THE ACTIONS OR CONDUCT OF OTHER USERS OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE SERVICE BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY RESULTING FROM ANY ACTION, CONDUCT OR OMISSION OF ANY OTHER USER OF THE SERVICES.
	
	YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER THE SERVICE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS, (II) THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, THE SERVICES, WHETHER PROVIDED BY THE SERVICE OR BY THIRD PARTIES, (III) THE USE OF OR INABILITY TO USE THE SERVICES FOR ANY REASON, OR (IV) YOUR COMMUNICATIONS, INTERACTIONS OR DEALINGS WITH, OR THE CONDUCT OF, OTHER USERS OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SERVICE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

	IN NO EVENT WILL THE SERVICE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES (INCLUDING BUT NOT LIMITED TO YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES) EXCEED THE AMOUNT YOU'VE PAID DIRECTLY TO THE SERVICE.
	
	YOU AND THE SERVICE ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING AS TO ALL DISPUTES. YOU AND THE SERVICE AGREE THAT THERE WILL BE NO CLASS ARBITRATION OR ARBITRATION IN WHICH AN INDIVIDUAL ATTEMPTS TO RESOLVE A DISPUTE AS A REPRESENTATIVE OF ANOTHER INDIVIDUAL OR GROUP OF INDIVIDUALS. FURTHER, YOU AND THE SERVICE AGREE THAT A DISPUTE CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY OTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.
	
	YOU AND THE SERVICE ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AS TO ANY DISPUTE THAT PROCEEDS IN COURT.
	
	YOU ACKNOWLEDGE AND AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

	The limitations of damages set forth above are fundamental elements of the basis of the bargain between the Service and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above limitations and exclusions may not apply to you.