This User Agreement (the
"Agreement") describes the terms
on which OnlineCamera.com ("OnlineCamera")
offers you the right to use the content
on the OnlineCamera.com web site ("OnlineCamera.com").
TO USE THE ONLINECAMERA.COM WEB SITE YOU
MUST ACCEPT THE TERMS AND CONDITIONS OF
THIS AGREEMENT. If you have any questions
about this Agreement, please contact
us.
Amendment
and Addenda
OnlineCamera may amend
this Agreement at any time by informing
you of the amended terms via email to your
email address. Such amendments will be effective
when OnlineCamera emails a notice of the
revisions to you. Alternatively or additionally,
OnlineCamera may display amended terms to
you when you visit OnlineCamera.com, in
which case such terms shall be effective
when posted by OnlineCamera.
In addition, OnlineCamera
may offer you additional rights or services
via addenda to this Agreement, which shall
amend this Agreement if you choose to accept
such terms.
Submission
of Content
Definition: OnlineCamera
allows you to provide content (including
without limitation text, data, photos, graphics)
to OnlineCamera in a number of forms, such
as links to webcam sites and services, information
and email messages. Collectively, the content
you provide to OnlineCamera is defined as
your "Content."
License: You retain all
ownership rights to your Content. However,
by submitting Content to OnlineCamera.com,
you grant to OnlineCamera a license to (a)
display your Content online and offline
and permit others to do the same, and (b)
display "teaser" portions of your
Content online or offline and permit others
to do the same.
Removal of
Content
At any time, without
further notice, OnlineCamera may restrict
your ability to add content. Please note
that, irrespective of the foregoing, OnlineCamera
may not be able to propagate changes you
make to Content to the corresponding version
being displayed somewhere other than on
OnlineCamera.com.
Standards
You agree not to provide
any Content to OnlineCamera that (a) infringes
any third-party intellectual property or
publicity/privacy rights, (b) violates any
applicable law or regulation, (c) is defamatory,
obscene or child pornographic, (d) contains
any viruses, Trojan horses, worms, time
bombs, cancelbots or other computer programming
routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept
or expropriate any system, data or personal
information, or (e) is otherwise tortuous
or criminal.
Content Filtering
OnlineCamera believes
that users should decide what content should
appear on OnlineCamera.com and how it should
be displayed. In general, OnlineCamera does
not make editorial determinations about
what Content you may or may not display
on OnlineCamera.com, however, OnlineCamera
permits others to make judgments about your
Content that may affect the display of your
Content. Further, OnlineCamera may choose
to use automated software filters that may
prevent you from uploading your Content
or may affect its display. Finally, OnlineCamera
may take any actions that it deems necessary
or appropriate to minimize its liability
from your Content or to preserve OnlineCamera’s
relationships with its service providers,
vendors, customers, or other members (such
as its Internet access providers, advertisers,
sponsors, etc).
Adult Content
The OnlineCamera site
consists of a directory of webcams supplied
by our users. Our systems are designed to
separate any adult content from non-adult
content; however, this categorization is
done by the submitter. OnlineCamera uses
best efforts to verify that sites are in
their proper categories, and that any site
classified by the submitter as (or otherwise
obviously) adult in nature is only available
in the Adult categories of the OnlineCamera
directory. If you find a site that is not
properly categorized, and is adult in nature
you are obligated by this agreement to report
the site immediately to OnlineCamera by
contacting us
with the title of the site and the category
you found it in. OnlineCamera exercises
no control, and indeed cannot exercise any
control, over what a 3rd party website or
webcam broadcasts. Parents or people concerned
about viewing such content should not use
the OnlineCamera site. If you have registered
and wish to be removed from our systems
please contact us
with your OnlineCamera username. You must
provide the email address from which you
registered. We will promptly disable your
account.
Other Filtering
Parental control protections
(such as computer hardware, software and
filtering services) are commercially available
that may assist you in limiting access to
material that is harmful to minors. If you
are interested in learning about these protections,
information may be obtained from http://www.worldvillage.com/wv/school/html/control.htm
or other sources.
Your Identity
You may not (a) provide
incomplete or inaccurate registration information,
(b) fail to update your registration information
if it changes, (c) select a Member ID deliberately
intended to mislead others about your identity
or that infringes a third party's intellectual
property rights, or (d) select a photo to
identify yourself that deliberately misleads
others about your identity. You may not
share your account (or the associated password)
with anyone else. OnlineCamera will assume
that all activities made using your Member
ID and password are authorized by you; thus,
if for any reason you suspect that your
password has been compromised, you should
contact OnlineCamera
at once.
Privacy
Because your privacy
is very important to OnlineCamera, OnlineCamera.com
offers you a number of choices to facilitate
decisions about how you'd like OnlineCamera
to use and disclose your personal information.
By accepting this Agreement, you expressly
consent to OnlineCamera’s disclosure
and use of your personal information (including
using email to communicate with you) as
described in the then-current Privacy Statement,
which is incorporated below.
Privacy
Statement
OnlineCamera.com respects your privacyo your confidential information.
The information collected at the time of
signup is necessary for us to provide quality
service and support. We will not use your
personal information for any other purpose
and your information will not be distributed
to, or shared with third parties unless
you explicitly give us permission to do
so.
Termination
OnlineCamera may terminate
your use of OnlineCamera.com immediately
if (a) you breach this Agreement, (b) OnlineCamera
is unable to verify any registration information
you provide. If you want to terminate your
account, please contact
us.
No Warranty
ONLINECAMERA.COM AND
ITS SERVICES ARE PROVIDED "AS IS,"
AND ONLINECAMERA AND ITS SUPPLIERS AND CO-BRAND/CONTENT
PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES
OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED
OR STATUTORY), INCLUDING WITHOUT LIMITATION
ANY IMPLIED WARRANTIES OF ACCURACY, TITLE,
NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE. Without limiting
the foregoing, OnlineCamera does not promise
or warrant to you that any aspect of the
site and system will work properly or will
be available continuously. Some states do
not allow the disclaimer of implied warranties,
so the foregoing disclaimer may not apply
to you. This warranty gives you specific
legal rights and you may also have other
legal rights which vary from state to state.
Liability
Limits
IN NO EVENT SHALL ONLINECAMERA
OR ITS SUPPLIERS OR CO-BRAND/CONTENT PARTNERS
BE LIABLE FOR ANY LOST PROFITS OR SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER
ARISING, INCLUDING NEGLIGENCE) ARISING OUT
OF OR IN CONNECTION WITH ONLINECAMERA.COM,
ONLINECAMERA’S SERVICES OR THIS AGREEMENT.
FURTHER, OTHER THAN FOR THE PAYMENT OF VALIDLY
ACCRUED EROYALTIES CREDITS (IF APPLICABLE),
IN NO EVENT SHALL ONLINECAMERA OR ITS SUPPLIERS
OR CO-BRAND/CONTENT PARTNERS BE LIABLE TO
YOU IN AN AMOUNT GREATER THAN $500. Some
states do not allow the foregoing limitations
of liability, so they may not apply to you.
Governing
Law and Arbitration
This Agreement is governed
in all respects by the laws of the State
of California as such laws are applied to
agreements entered into and to be performed
entirely within California between California
residents. Any controversy or claim arising
out of or relating to this Agreement or
OnlineCamera.com shall be settled by binding
arbitration in accordance with the commercial
arbitration rules of the American Arbitration
Association. Any such controversy or claim
shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration
with any claim or controversy of any other
party. The arbitration shall be conducted
in San Mateo County, California, and judgment
on the arbitration award may be entered
into any court having jurisdiction thereof.
The parties may conduct discovery as provided
in Sections 1283.05 and 1283.1 of the California
Code of Civil Procedure, whether or not
the California Arbitration Act is deemed
to apply to such arbitration. The award
of the arbitrator shall be final and binding
upon the parties without appeal or review
except as permitted by California law. Notwithstanding
the foregoing, (a) either party may seek
any interim or preliminary relief from a
court of competent jurisdiction in San Jose,
California as necessary to protect the party's
rights or property pending the completion
of arbitration, and (b) OnlineCamera at
its option may bypass arbitration in the
case of any fraud or other crime against
it, for violations of Section 9 of this
Agreement, or for violations of Section
18 of the Privacy Statement.
Entire Agreement
This Agreement (and any
addenda or statements expressly incorporated
into this Agreement that you enter into)
constitutes the entire agreement, and supersedes
the provisions of any other agreements or
understandings (oral or written), between
the parties with respect to the subject
matter of such documents. In the event of
any conflict between the terms of this Agreement
and an addendum, the provisions of the addendum
shall control.
General
You agree to comply with
all laws and regulations applicable to your
access and use of OnlineCamera.com and your
publication of your Content. If any portion
of this Agreement is deemed unenforceable,
that portion shall be enforced to the maximum
extent possible and the remaining portions
of the Agreement shall be given full effect.
OnlineCamera’s failure to act in a
particular circumstance does not waive its
ability to act with respect to that circumstance
or similar circumstances. OnlineCamera shall
be excused for any failure to perform to
the extent that its performance is prevented
by any reason outside of its control. OnlineCamera
may change, remove, or require registration
or payment to continue use of, any aspect
of OnlineCamera.com at any time without
further notice to you. OnlineCamera’s
suppliers and co-brand/content partners
are third-party beneficiaries of this Agreement.
Except as provided in Section 1, this Agreement
may be amended only by a writing physically
signed by both OnlineCamera and you.
Other Disclosures
OnlineCamera.com
is provided by Akromedia, San Jose, California.
At present, OnlineCamera does not charge
you any fees to use its services (although
this may change at any time). However, any
expenses (such as hardware, software and
Internet access costs) or taxes you incur
to access the site shall be your sole responsibility.
For purposes of the Digital
Millennium Copyright Act, you may contact
OnlineCamera’s agent for service of
notice. Please make sure that your notices
fully comply with the requirements of such
act.
The Complaint Assistance
Unit of the Division of Consumer Services
of the Department of Consumer Affairs may
be contacted in writing at 400 R Street,
Sacramento, CA, 95814, or by telephone at
(800) 952-5210.
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