• We grant you permission to use the Websites and Products, provided that: (a) your use is solely for your personal, noncommercial use; (b) you will not copy or distribute any part of the Websites or Products in any medium without our prior written consent; (c) you will not alter or modify any part of the Websites or Products other than as may be reasonably necessary to use the Websites and Products for their intended purpose; and (d) you will otherwise comply with the terms of this Agreement. We may change the terms of this Agreement from time to time with or without notice to you. However, no change to this Agreement will apply to a dispute of which we had actual notice on the date of such change. We will notify you of any changes to this Agreement by posting them on the Websites. You agree that you will periodically check the Websites for updates to this Agreement. You agree that you will be deemed to have notice of any modifications once we post them to the Websites and that your continued use of the Websites and Products after such notice shall be deemed an acceptance of any changes. We reserve the right to discontinue the Websites and Products or to change the content of the Websites and Products in any way and at any time, with or without notice to you, without liability.
• In order to access some features of the Websites and Products, you may have to create an account. You are not allowed to use another user’s account without the other user’s permission. When creating your account, you must provide accurate and complete information. If any of your information changes, you agree to update your registration information as soon as possible. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your account profile page. In addition, you agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to terminate your access to all or part of the Websites and Products at any time in our sole discretion and without prior notice.
• You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or similar technological devices or programs that access the Websites or Products in a manner that sends more request messages to the Websites’ or Products’ servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Websites for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion.
• Our Websites and Products may allow you to chat or participate in blogs, message boards, online forums, contests and other functionality and may provide you with the opportunity to provide us with ideas, suggestions, opinions, comments, observations, text, data, photos, graphics, video, music, sound, chat, messages, files or other material (collectively “User Submissions”). You agree that any material you provide to us, other than Personally Identifiable Information you provide to us upon creating a user account with us or that we otherwise agree is confidential in writing, will be treated as non-confidential and nonproprietary. You agree not to collect or use User Submissions or any Personally Identifiable Information, including account names or email addresses, of other end users from the Websites or Products, nor use the communication systems provided by the Websites or Products for any commercial solicitation purposes.
• You grant to us a non-exclusive, transferable, sub-licensable, worldwide, perpetual, royalty-free license to use, in any manner whatsoever, all or any portion of your User Submissions in connection with our Websites and Products. You represent and warrant that you have the right to grant the license of your User Submissions granted in this Agreement. You are still the owner of your User Submissions and are still free to use them in any manner you choose. Notwithstanding the foregoing, when you use certain permitted features of our Websites and Products that allow us to share your User Submissions only with other users that you have selected, the foregoing license is only granted to us to the extent that we may provide those users whom you have granted rights to view your User Submissions access to view such User Submissions and we may not otherwise use such User Submissions without first obtaining your permission. Because certain features offered through our Websites and Products, including but not limited to the “EVENT GALLERY” feature, may allow us to share your User Submissions with other users you have selected while also making those submissions available to users that you have not selected, please review all features that allow User Submissions prior to making submissions.
• We have no obligation to accept, display, review, monitor, or maintain any User Submissions. We reserve the right to delete User Submissions from the Websites and Products without notice for any reason at any time. You acknowledge that you do not rely on us to monitor or edit the Websites and Products and that the Websites and Products may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.
• The Websites and Products may contain links to third party websites and products that are not owned or controlled by us. We assume no responsibility for, the content, privacy policies, or practices of any third party websites and products. By using the Websites and Products, you specifically release us from any and all liability arising from your use of any third party website or product.
• The content on the Websites and Products including the text, graphics, and photos created by and for us (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Websites and Products is provided to you AS IS for your information and personal use only and may not be used for any other purpose whatsoever without the prior written consent of us or as expressly provided herein.
• You agree to not use any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal or other non-infringing use, you must retain all copyright and other proprietary notices contained on such Content. You agree not to circumvent, disable or otherwise interfere with security related features of the Websites and Products or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites and Products or the Content therein.
• You agree to adhere to generally accepted rules of etiquette and standards of behavior. The following rules of conduct apply to your use of the Websites and Products and to any of your User Submissions. You may not, in connection with the Websites and Products upload, post, email or otherwise transmit any User Submission that:
• is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
• infringes or violates any patent, copyright, trademark, trade secret or other property right;
• breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
• constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
• violates or encourages others to violate any applicable law, statute, ordinance or regulation;
• promotes software or services that deliver unsolicited e-mail;
• contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines;
• provides any telephone numbers, last names, URLs or email addresses of another person;
• engages in commercial activities;
• harms minors in any way;
• solicits Personally Identifying Information from anyone under 18 years of age;
• provides false or deceptive information;
• deletes, adds or otherwise changes other people’s entries or other Content when you have not been granted the privileges to do so; or
• allows usage by others in such a way as to violate this Agreement.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CAPTURED MEDIA INC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, CAPTURED MEDIA, INC. DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED THROUGH THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, CAPTURED MEDIA INC DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL CAPTURED MEDIA,INC BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CAPTURED MEDIA,INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE QUICKEECAM PRODUCTS OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE QUICKEECAM PRODUCTS OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE QUICKEECAM PRODUCTS OR THE SERVICE OR ANY LINKS ON THE QUICKEECAM PRODUCTS, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE QUICKEECAM PRODUCTS OR THE SERVICE OR ANY LINKS ON QUICKEECAM PRODUCTS. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Captured Media Inc, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content made available through the service, your use of the service, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of any rights of another.
The TOS constitute the entire agreement between you and Captured Media.,Inc dba QuickeeCam and govern your use of the Service, superseding any prior agreements between you and Captured Media.,Inc. The TOS and the relationship between you and Captured Media.,Inc shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and Captured Media.,Inc agree to submit to the personal and exclusive jurisdiction of the courts located in Delaware.
The failure of Captured Media.,Inc to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties to the judicial proceeding, nevertheless agree that the Court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOS by emailing to:
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Captured Media.,Inc to pursue legal action to enforce this contract, you will be liable to pay Captured Media.,Inc actual damages to the extent that such damages can be reasonably calculated.
Captured Media.,Inc retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this contract, or any combination thereof.
Inquiries to Captured Media, Inc. dba QuickeeCam
If you have concerns or questions please contact us at: