Terms of Use
- GENERAL
Webcamgreetings.com. ("WebcamGreetings") welcomes you. Webcam Greetings offers you access to the content and services at Webcamgreetings.com and other services it may offer regularly (collectively the "Services"). Webcam Greetings provides its service to you subject to the following Terms of Service ("TOS"). In addition, when using particular Webcam Greetings owned or operated services, you and Webcam Greetings shall be subject to any posted guidelines or rules applicable to such services, which may be posted on a regular basis. All such guidelines or rules are hereby incorporated by reference into the TOS. Webcam Greetings may also offer other services that are governed by different Terms of Service.
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the Webcamgreetings.com domain name, the "WG Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TOS AND THE TERMS AND CONDITIONS OF WG PRIVACY NOTICE, WHICH ARE PUBLISHED AT www.WebcamGreetings.com , AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the WG Website.
These Agreements apply to all users of the WG Website, including users who are also contributors of video content, information, and other materials or services on the Website. THIS IS A LEGAL AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. DOWNLOADING OR UPLOADING ANY CONTENT FROM OR TO OUR SERVICE, OR OTHERWISE USING THE SERVICES IN ANY MANNER, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU; CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND Webcam Greetings MAY REFUSE ACCESS TO THE SERVICES FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT. YOU MAY USE THE SERVICES IF YOU ARE AT LEAST 13 YEARS OF AGE. HOWEVER, IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) OR NOT ABLE TO ENTER INTO LEGAL AGREEMENTS UNDER APPLICABLE LAW, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN CAREFULLY READ AND AGREE TO THE TERMS OF THIS AGREEMENT ON YOUR BEHALF.
- YOUR MEDIA
Your media (including without limitation text, video, photographs, graphics, images, music and sound that you have created) is yours. We claim no intellectual property rights over the material you have created and provided to WebcamGreetings. You can delete your media and modify and/or remove associated content at your discretion except for the Advertisers'
WebcamGreetings allows other companies, called third-party ad servers or ad networks, to serve advertisements within the Site and/or within the Webcam Greetings Studio. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Site. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see.
- THE Webcam Greetings SERVICES
Information Control. Webcam Greetings does not control the content provided by other parties, whether by its customers or other users, which is made available through the Services. You must use caution and common sense when using the Services. You must understand that by using the Services you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, or content that may be inaccurate, or Webcam Greetings shall have no liability to you of any kind for content whether that of Webcam Greetings or third parties, that may be found to be offensive, indecent, or objectionable, inaccurate or deceptive, in any manner.
- GRANT OF RIGHTS
WebcamGreetings is a remixing community. Therefore, Webcam Greetings requires that you grant it the appropriate rights to support mixing and remixing of your media with other media. There are also certain rights needed to allow you to mix and remix your content with "paid-for" or "premium" content. The following license grant covers the community's remixing needs.
You grant Webcam Greetings and its affiliates, successors, assigns, and licensees a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, license to do the following with any and all content in all forms and media now known or hereafter developed, that you upload to the Services, or otherwise provide to Webcam Greetings (collectively "Your Content"): reproduce, use, create derivative works based upon, publish, publicly perform, publicly display, transmit, and/or otherwise exploit Your Content, and create derivative works based upon Your Content.
You own the copyright in any of Your Content that is created by you (provided it is not created for an employer or as part of a "work for hire" arrangement). You can choose to keep Your Content private from other Webcam Greetings users, in which case the other Webcam Greetings users have no right to use Your Content. However, if you do choose to make Your Content available to other Webcam Greetings users through the Webcam Greetings Website, you agree that Your Content is made available to others, and you allow others to copy, distribute, display and perform Your Content, and to make derivative works and commercial use of Your Content without paying any royalties to you. Therefore:
You irrevocably waive any and all "moral rights" that you may have in any of Your Content, including but not limited to the rights of paternity or integrity, and rights to claim authorship in relation to any of Your Content, or in any other works or content in which it is incorporated. Webcam Greetings requires the following waiving of rights: You expressly and irrevocably waive any rights to receive any fees of any kind (including without limitation public performance fees if applicable, and any share of advertising revenue of any kind received by Webcam Greetings in connection with the Services or otherwise), for use of Your Content as set forth in this Agreement.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Webcam Greetings may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on WebcamGreetings' servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Webcam Greetings has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Webcam Greetings reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Webcam Greetings reserves the right to modify these general practices and limits from time to time.
- MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, and/or any information you provide to Webcam Greetings or other users in using the Services, are the sole responsibility of the person from whom such Content originated. This means that you, and not WebcamGreetings, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Webcam Greetings does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Webcam Greetings be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
Except as set forth in the Webcam Greetings Privacy Policy as may be established from time to time, your personal information (such as name and email address) will be deemed to be confidential, With the exception of content published or shared with others using the Services, and any non-personal information or material sent to Webcam Greetings will generally be deemed NOT confidential. You acknowledge, consent and agree that Webcam Greetings may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of WebcamGreetings, its users and the public.
You are solely responsible for the Content. The Content may not:
- Be false, inaccurate, misleading or fraudulent;
- infringe anyone's copyright, trademark, trade secret, patent or other proprietary rights or rights of publicity or privacy;
- violate any law, statute, ordinance or regulation;
- be obscene, defamatory, libelous, threatening, abusive or harassing, or encourage any of the foregoing;
- promote any commercial product the sale of which you stand to benefit from;
- contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, intercept or use any system, data or personal information in an unauthorized way;
- create liability for Webcam Greetings or cause it to lose (in whole or in part) the services of its ISPs or other suppliers.
You agree not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Webcam Greetings official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our Anti - Spam Policy);
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations, any rules of any national or other securities exchange, and any regulations having the force of law;
- "stalk" or otherwise harass another;
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
- impersonate any other individual, including without limitation another user or an Webcam Greetings staff member;
- engage in harassment of any form, including without limitation through improper language or excessive frequency or size of messages;
- send messages of any kind to any individual who has stated or in any other way demonstrated that he or she does not wish to receive messages;
- copy or post any personal messages sent to you via the Services; and/or
- engage in advertising to, or solicitation of, any other users of the Services to buy or sell any products or services through the Services;
You grant Webcam Greetings a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights associated with the Content, in any media now existing or later invented within the confidentiality and privacy terms in this Agreement.
You acknowledge that Webcam Greetings may or may not pre-screen Content, but that Webcam Greetings and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Webcam Greetings and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Webcam Greetings or submitted to WebcamGreetings.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Webcam Greetings and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
- PROHIBITED USES
Copyright Infringement.
You agree that you will not use the Services to infringe upon or misappropriate the intellectual property rights, including without limitation the copyrights, of WebcamGreetings, its end users, or any other any party. WITHOUT LIMITING THE PRECEDING SENTENCE, YOU AGREE THAT YOU WILL NOT USE THE SERVICES TO CREATE DERIVATIVE WORKS OF ANY KIND BASED ON OTHER PARTIES' MATERIALS OR UPLOAD OR DOWNLOAD ANY SUCH MATERIALS, EXCEPT AS EXPRESSLY PERMITTED HEREUNDER, OR UNLESS YOU HAVE OBTAINED ALL NECESSARY RIGHTS AND LICENSES FROM THE OWNERS OF SUCH MATERIALS. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO DETERMINE WHICH RIGHTS ARE NECESSARY AND WHO HAS PROPER AUTHORITY TO PROVIDE SUCH RIGHTS. Without derogating from Section ___, you agree to indemnify, defend and hold harmless WebcamGreetings, its affiliates, suppliers, and each of its and their employees, officers, directors, successors, licensees, assigns, and advisors (collectively the " Webcam Greetings Parties") from and against any and all claims, damages, demands, or liabilities, including but not limited to attorneys fees and costs arising out of any claim that Your Information, Your Content, and any other content of any kind that you create using the Services or upload in any way, infringes upon or misappropriates, violates, or infringes any party's personal or proprietary rights of any kind.
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward to Webcam Greetings the information described in its Copyright Infringement Policy in accordance with the procedures described in the policy.
Interference and Unauthorized Access.
You agree that you will not: (a) attempt to circumvent user authentication or the security of any Webcam Greetings account; (b) use any robot, spider, other automatic device, or manual process to monitor or copy Webcam Greetings Website pages or the content contained in them; (c) use any device, software or routine to interfere or attempt to interfere with the proper working of the Services; or (d) take any action that imposes an unreasonable or disproportionately large load on WebcamGreetings' infrastructure, including without limitation "denial of service attacks."
If you in any way violate any system or interfere with network security you may incur criminal or civil liability. Webcam Greetings will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
- PROPRIETARY MATERIALS
The Services contain copyrighted material, trademarks, service marks and other proprietary information, which may include without limitation text, video, software, photographs, graphics, images, music and sound (collectively "Proprietary Material"). You agree not to copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material, except as expressly permitted herein, and/or solely for your personal, non-commercial use. Specifically, you may use the Proprietary Material for your personal, non-commercial use, and use the Proprietary Material available through the Services, and/or send such Proprietary Material to your own mobile device, or to third parties for personal use only, subject to your compliance with the terms and conditions of this Agreement. Except as expressly set forth in this Agreement (or as otherwise specifically authorized in writing by WebcamGreetings), you may not authorize, encourage or allow the Proprietary Material obtained by you to be reproduced, modified, derivated, displayed, performed, transferred, distributed or otherwise used by anyone else. You agree to advise Webcam Greetings promptly if you become aware of any such unauthorized use. Any and all goodwill accruing from the use of trade names, trademarks and service marks (collectively "Marks") hereunder, shall accrue solely to the respective owners of such Marks. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS AGREEMENT ARE RESERVED BY Webcam Greetings AND ITS LICENSORS.
- SUBMISSIONS
You agree that any information submitted by you through any forum provided by Webcam Greetings is considered non-confidential and non-proprietary, unless specifically stated otherwise in this Agreement. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. While Webcam Greetings is pleased to hear from users of the Services, company policy prohibits Webcam Greetings from accepting or considering creative ideas, suggestions or materials other than those it has specifically requested. With this policy Webcam Greetings seeks to avoid any potential future misunderstandings that may occur when projects developed by employees, licensors, or contractors of WebcamGreetings, by and for the sole use of WebcamGreetings, might seem to others to be similar or identical in nature to their own creative work and/or submission(s).
If, despite this request, you submit to Webcam Greetings or choose to publish on Webcam Greetings Website any creative material, including, but not limited to, ideas, suggestions or other information, you acknowledge and agree that such submission(s) are considered, and shall remain, the property of WebcamGreetings. You further agree and acknowledge that Webcam Greetings shall not be liable for the use or disclosure of such submission(s), that Webcam Greetings shall be subject to no obligations (including, but not limited to, any obligation of compensation whatsoever to you) with respect to the use or disclosure of such submission(s), and that Webcam Greetings shall own exclusively all rights to the submission(s), including, but not limited to rights now known or hereafter existing and rights of every kind and nature throughout the universe.
Because of the open nature of the Internet, common sense would dictate, and Webcam Greetings would recommend, that you not submit any information you consider confidential.
- LINKED SITES
WebcamGreetings is not affiliated with sites that may be linked to the Services through hypertext ("Linked Sites"). Webcam Greetings has no control over, and is not responsible for, the content on any Linked Site. The Linked Sites are for user convenience only and you access them at your own risk.
- HARDWARE/SOFTWARE REQUIREMENTS
In order to use the Services, you may be required to have certain hardware and software, which are your sole responsibility. YOU AGREE THAT IN USING THE SERVICES, YOU MAY INCUR ADDITIONAL CHARGES FROM MOBILE DEVICE SERVICE SUPPLIERS AND OTHER TELECOMMUNICATIONS PROVIDERS. Please check with your service suppliers to obtain information on applicable fees. Webcam Greetings may make software from third-party companies available to you. To download such software, you must first agree to the respective software licenses and/or warranties. Webcam Greetings does not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. Webcam Greetings does not offer any warranty on any third-party software you download using the Services and all such third-party software shall be subject to the individual company's applicable warranties and support services, if any.
- DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND Webcam Greetings AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Webcam Greetings DOES NOT WARRANT OR GUARANTEE THAT YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- WEBCAMGREETINGS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS AND/OR ARE COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (v) THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iv) ANY INFORMATION OR OTHER CONTENT CONTAINED WITHIN THE SERVICES WILL NOT CONTAIN DEFAMATORY OR ADULT-ORIENTED MATERIAL; AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Webcam Greetings OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Webcam Greetings IS NOT RESPONSIBLE FOR THE CONTENT DISTRIBUTED ON OR THROUGH THE SERVICES, AND IT ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION DISTRIBUTED THROUGH THESE SERVICES.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE Webcam Greetings PARTIES (AS DEFINED IN THE COPYRIGHT INFRINGEMENT SECTION ABOVE) BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER WITH RESPECT TO YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Webcam Greetings HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE Webcam Greetings PARTIES WILL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT WILL THE DAMAGES OR LIABILITY EXCEED US$500.
- INDEMNITY
You agree indemnify, defend and hold harmless Webcam Greetings Parties (as defined in Section 7), from and against any and all claims, damages, demands, or liabilities, including but not limited to attorneys fees and costs due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, any Content of any kind that you create using the Services or upload in any way, infringes upon or misappropriates, violates, or infringes any party's personal or proprietary rights of any kind, your use of the Service, your connection to the Service your violation of the TOS, or your violation of any rights of another.
In addition, you agree to indemnify and hold each Webcam Greetings Party harmless from any claim or demand, and any damages, costs, or expenses arising in connection with such claim or demand, including reasonable attorneys' fees and costs, made by any other party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of another party.
- GENERAL TERMS AND CONDITIONS
Termination. Without limiting other remedies, Webcam Greetings may without liability and at its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Services if: (a) you breach this Agreement or any of the documents it incorporates by reference; (b) Webcam Greetings is unable to verify or authenticate any information you provide to it; or (c) Webcam Greetings believes that your actions may cause legal liability to any person or entity.
Legal Compliance. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services.
Governing Law; Venue. This Agreement and its validity, construction and performance will be governed in all respects by the laws of the state of Israel, without regard to its choice of law provisions. You irrevocably agree to accept the exclusive personal jurisdiction and waive any objections to the venue, of such courts.
Changes and Cancellation.
WebcamGreetings may at any time, without notice or liability, change or eliminate the Services or the content contained therein, or restrict use of any portion of the Services, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. Webcam Greetings may at any time, in its sole discretion, cancel or suspend the Services for any reason, including without limitation the existence of viruses, bugs, or other causes beyond its control that corrupt the administration, security or proper function of the Services. Reservation of Rights. Webcam Greetings reserves the right to refuse access to the Services for any reason.
Amendment.
WebcamGreetings may modify and/or amend this Agreement at any time by posting the modified and/or amended terms on the Services, which will become effective immediately when posted. By continuing to use the Services after Webcam Greetings posts any amendment, you agree to be bound by the amendment. This agreement may not be amended other than by an authorized officer of WebcamGreetings.
General.
This Agreement contains the entire understanding of the parties relating its subject matter and supersedes any prior written or oral agreement or understandings between the parties with respect to its subject matter. The provisions of this Agreement are to be interpreted in a reasonable manner to effect the purpose of the parties, and this agreement is not to be interpreted or construed against Webcam Greetings because it participated in the drafting of this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision. Webcam Greetings may assign or transfer this Agreement, in whole or in part, to any party without notice. All terms and conditions of this Agreement which by their nature are meant to survive the termination of this Agreement will survive termination, including but not limited to the DISCLAIMER OF WARRANTIES, and LIMITATION OF LIABILITY sections. BY CLICKING ON THE "I AGREE" BUTTON OR UPLOADING OR OTHERWISE PROVIDING YOUR CONTENT TO WEBCAMGREETINGS'S SERVICE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS AGREEMENT CAREFULLY, THAT YOU HAD THE OPPORTUNITY TO HAVE THIS AGREEMENT REVIEWED BY LEGAL COUNSEL AND THAT YOU ARE AT LEAST 18 YEARS OLD, AND YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, OR THAT YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR AT LEAST 13 YEARS OF AGE, AND APPROVE OF AND HAVE THE LEGAL AUTHORITY TO EXECUTE THIS AGREEMENT. Updated: March 06 2007.
Notice of Copyright Infringement Claims
WebcamGreetings is concerned about protecting the copyright and other intellectual property rights of others. You may notify Webcam Greetings by providing the following information to Webcam Greetings by E-mail to DRM@WebcamGreetings.com, if you believe you have a copyright infringement claim resulting from material posted on this website:
A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed; Identification of the copyrighted work, or a representative listing of the copyrighted works, or the Content, claimed to have been infringed; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to allow Webcam Greetings to locate the material; Information reasonably sufficient to allow Webcam Greetings to contact you, including your address, telephone number, and if available, your electronic mail address; A statement that you have a good-faith belief that the use of the material as described is not authorized by the copyright owner, its agent, or the law; and A statement that the information in your notification is accurate, and under the penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.