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Terms of Service

Please review the following terms and indicate your agreement below. Printable Version
Camfess Terms of Service
Introduction; Your Agreement to these Terms of Service.
Welcome to the Camfess, Inc. (“Camfess”) web sites and online services (the “Camfess Sites”).  The following Terms of Service for the Camfess Sites is a legal contract between you, either an individual subscriber, customer, member, or user of at least 13 years of age (“You” or, collectively, “Users”), and Camfess regarding your use of the Camfess Sites.
The services hereunder are offered by Camfess, Inc., located at: 3215 Falmouth Street, San Jose, CA 95132 and email: support@camfess.com. 
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE.  BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE Camfess Sites, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS and conditions, INCLUDING any ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). 
1.Eligibility. the Camfess Sites IS not available to persons under the age of 13 or to any Users previously suspended or removed from the Camfess Sites OR NETWORK by Camfess.  By clicking the “I Agree” button or by otherwise downloading, installing, or using the Camfess Sites, you represent that you are at least 13 years of age and have not been previously suspended or removed from the Camfess Sites by Camfess.
2.Privacy Notice.  Your privacy is important to Camfess.  Camfess’ Privacy Notice is hereby incorporated into these Terms by reference.  Please read this notice carefully for information relating to Camfess’ collection, use, and disclosure of your personal information.
3.Individual Features and Services.  When using the Camfess Sites, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”).  All such Guidelines are hereby incorporated by reference into these Terms.
4.Modification of these Terms.  Camfess reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time.  Please check these Terms and any Guidelines periodically for changes.  Your continued use of the Camfess Sites after the posting of changes constitutes your binding acceptance of such changes.  For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Camfess Sites. 
5.Digital Millennium Copyright Act.  It is Camfess’ policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act.  For more information, please go to Camfess’ DMCA Notification Guidelines.  Camfess will promptly terminate without notice any User’s access to the Camfess Sites if that User is determined by Camfess to be a “repeat infringer.”  A repeat infringer is a User who has been notified by Camfess of infringing activity violations more than twice and/or who has had a User Submission or any other user-submitted content removed from the Camfess Sites more than twice. 
6.User Submissions License Grant; Representations and Warranties.  
6.1User Submissions Generally.  Camfess may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Camfess does not guarantee any confidentiality with respect to any submissions.
6.2Limited License Grant to Camfess.  By distributing or disseminating User Submissions through the Camfess Sites, you hereby grant to Camfess a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute and re-distribute, and otherwise exploit your User Submissions, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). 
6.3Limited License Grant to other Camfess users.  By distributing or disseminating User Submissions through the Camfess Sites, you hereby grant to each User of the Camfess Sites a non-exclusive license to access and use your User Submissions. The foregoing license granted by you terminates as to a specific User Submission once you remove or delete such User Submission from the Camfess Sites provided, however, that User rights to such User Submission arising out distributions occurring on or prior to deletion of such User Submission from the Camfess Sites survive any termination or expiration of the license granted in this section 6.2. 
6.4User Submissions Representations and Warranties.  You are solely responsible for your User Submissions and the consequences of posting or publishing them. By uploading and publishing your User Submissions, you affirm, represent, and warrant that:  (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Camfess and Camfess’ Users to use and distribute your User Submissions as necessary to exercise the licenses granted by you in this section and in the manner contemplated by Camfess and this Terms of Service; (2) your User Submissions do not and will not:  (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (3) your User Submissions do not contain any viruses, adware, spyware, worms, or other malicious code.  Violators of these third-party rights may be subject to criminal and civil liability.  Camfess reserves all rights and remedies against any Users who violate this Terms of Service. 
6.5User Submissions Disclaimer.  You understand that when using the Camfess Sites you will be exposed to User Submissions from a variety of sources, and that Camfess is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Submissions.  You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Camfess with respect thereto.  Camfess does not endorse any User Submissions or any opinion, recommendation or advice expressed therein, and Camfess expressly disclaims any and all liability in connection with User Submissions.  If notified by a User or a content owner of an User Submission that allegedly does not conform to this Terms of Service, Camfess may investigate the allegation and determine in its sole discretion whether to remove the User Submission, which it reserves the right to do at any time and without notice.  For clarity, Camfess does not permit copyright infringing activities on the Camfess Sites.
7.Prohibited Conduct. 
BY USING THE Camfess Sites YOU AGREE not TO:
use the Camfess Sites for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Camfess Sites as such services are offered by Camfess;
7.1rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in section 11, below);
7.2post, upload, or distribute any defamatory, libelous, or inaccurate User Submissions or other content; 
7.3post, upload, or distribute any User Submissions or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate; 
7.4impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Camfess Sites accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Camfess Sites, or perform any other similar fraudulent activity;
7.5delete the copyright or other proprietary rights on the Camfess Sites or User Submissions;
7.6make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Camfess Sites.  This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
7.7use the Camfess Sites for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
7.8defame, harass, abuse, threaten or defraud Users of the Camfess Sites, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the Camfess Sites for any commercial use, it being understood that the Camfess Sites is for personal, non-commercial use only;
7.9use the Camfess Sites if you are under the age of thirteen years old; 
7.10remove, circumvent, disable, damage or otherwise interfere with security-related features of the Camfess Sites or User Submissions, features that prevent or restrict use or copying of any content accessible through the Camfess Sites, or features that enforce limitations on the use of the Camfess Sites or User Submissions; 
7.11reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Camfess Sites or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; 
7.12modify, adapt, translate or create derivative works based upon the Camfess Sites or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or
7.13intentionally interfere with or damage operation of the Camfess Sites or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code. 
8.Account. When you use the Camfess Sites to upload and/or download or purchase content or any products, services, or information from Camfess, you may be asked to provide a password.  You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  You agree that the information you provide to Camfess on registration and at all other times will be true, accurate, current, and complete.  You also agree that you will ensure that this information is kept accurate and up-to-date at all times.  If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify Camfess.  You may be liable for the losses incurred by Camfess or others due to any unauthorized use of your Camfess Sites account.
9.Third-Party Sites, Products and Services; Links.  The Camfess Sites may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”).  Camfess does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites.  In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Camfess Sites are solely between you and such advertiser.  Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
10.Termination; Terms of Service Violations.  
10.1Camfess. You agree that Camfess, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with Camfess or your use of the Camfess Sites and remove and discard all or any part of your account, User profile, and any User Submission, at any time.  Camfess may also in its sole discretion and at any time discontinue providing access to the Camfess Sites, or any part thereof, with or without notice.  You agree that any termination of your access to the Camfess Sites or any account you may have or portion thereof may be effected without prior notice, and you agree that Camfess will not be liable to you or any third party for any such termination.  Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.  These remedies are in addition to any other remedies Camfess may have at law or in equity.  As discussed herein, Camfess does not permit copyright infringing activities on the Camfess Sites, and will terminate access to the Camfess Sites, and remove all User Submissions or other content submitted by any Users who are found to be repeat infringers. 
10.2You. Your only remedy with respect to any dissatisfaction with (i) the Camfess Sites, (ii) any term of this Terms of Service, (iii) any policy or practice of Camfess in operating the Camfess Sites, or (iv) any content or information transmitted through the Camfess Sites, is to terminate this Terms of Service and your account. You may terminate this Terms of Service at any time by deleting your account with the Camfess Sites and discontinuing use of any and all parts of the Camfess Sites.
11.Ownership; Proprietary Rights.  The Camfess Sites is owned and operated by Camfess.  The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Camfess Sites provided by Camfess (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.  Except for any User Submissions that are provided and owned by Users, all Materials contained on the Camfess Sites are the property of Camfess or its subsidiaries or affiliated companies and/or third-party licensors.  All trademarks, service marks, and trade names are proprietary to Camfess or its affiliates and/or third-party licensors.  Except as expressly authorized by Camfess, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Camfess reserves all rights not expressly granted in this Terms of Service.
12.Indemnification.  You agree to indemnify, save, and hold Camfess, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Camfess Sites, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein.  Camfess reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Camfess, and you agree to cooperate with Camfess’ defense of these claims.  Camfess will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
13.Disclaimers; No Warranties.  
13.1No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Camfess, and its affiliates, partners, and SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.  no advice or information, whether oral or written, obtained by you from Camfess or through the Camfess Sites will create any warranty not expressly stated herein. you expressly acknowledge that as used in this section 13 the term Camfess includes Camfess’s officers, directors, employees, shareholders, agents, licensors and subcontractors.
13.2“As is” and “As available” and “With All Faults”. you expressly agree that use of the Camfess Sites is at your sole risk. THE Camfess Sites AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, User Submissions, reference sites, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Camfess Sites ARE PROVIDED on an “AS IS” AND “AS AVAILABLE”, “with all faults” basis and WITHOUT WARRANTIES or representations OF ANY KIND EITHER EXPRESS OR IMPLIED.  
13.3Content. Camfess, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, User Submissions, FUNCTIONS, or any other information OFFERED ON or through THE CAMFESS SITES or any reference sites WILL BE UNINTERRUPTED, or free of errors, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.  
13.4Accuracy. CAMFESS, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CAMFESS SITES or any reference sites IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  
13.5Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU use, access, DOWNLOAD, OR OTHERWISE OBTAIN information, materials, OR DATA THROUGH THE CAMFESS SITES (INCLUDING RSS FEEDS) or any reference sites AT YOUR own DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR proprerty (including your computer system) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD or use OF SUCH MATERIAL OR DATA.
14.Limitation of Liability and Damages.
14.1Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL CAMFESS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE CAMFESS SITES or any reference sites, OR ANY OTHER INTERACTIONS WITH CAMFESS, EVEN IF CAMFESS OR AN CAMFESS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN SUCH CASES, CAMFESS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14.2Limitation of Damages. IN NO EVENT WILL CAMFESS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE CAMFESS SITES OR your interaction with OTHER CAMFESS SITES USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE CAMFESS SITES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE date of the claim OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
14.3Reference Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED on any reference sites or otherwise BY THIRD PARTIES OTHER THAN CAMFESS AND RECEIVED THROUGH OR ADVERTISED ON THE CAMFESS SITES OR RECEIVED THROUGH ANY reference sites.
14.4Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT CAMFESS HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CAMFESS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CAMFESS. Camfess would not be able to provide the Camfess Sites to you on an economically reasonable basis without these limitations.
14.5Limitations by Applicable Law. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
14.6Consumer End Users (Outside of the USA). This section  applies only to Users residing and using the Camfess Sites outside of the United States. The limitations or exclusions of warranties and liability contained in this Terms of Service do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods for solely personal use otherwise than in the course of business outside of the U.S.A. The limitations or exclusions of warranties, remedies or liability contained in this Terms of Service apply to you to only the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
15.Miscellaneous. 
15.1Notice.  Camfess may provide you with notices, including those regarding changes to Camfess’ terms and conditions, by email, regular mail or postings on the Camfess Sites.  Notice will be deemed given twenty-four hours after email is sent, unless Camfess is notified that the email address is invalid.  Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Camfess Sites.  In such case, notice will be deemed given three days after the date of mailing.  Notice posted on the Camfess Sites is deemed given 30 days following the initial posting. 
15.2Waiver.  The failure of Camfess to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Camfess. 
15.3Governing Law.  These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. 
15.4Arbitration. For Users residing outside the United States of America and using the Camfess Sites in another territory, section  (Jurisdiction) does not apply and this section  applies to you. Any dispute or claim arising out of or in connection with these Terms or your use of the Camfess Services shall be finally settled by binding arbitration in San Francisco, California under the Rules of Arbitration of the International Chamber of Commerce by three arbitrator(s) appointed in accordance with said rules; judgment on the award rendered by these arbitrators may be entered in any court having jurisdiction thereof. The parties agree that this arbitration is the exclusive remedy for any disputes.
15.5Jurisdiction. For Users residing inside the United States of America and using the Camfess Sites in the United States, section  (Arbitration) does not apply and this section  applies to you. You agree that any action at law or in equity arising out of or relating to these Terms or Camfess will be filed only in the state or federal courts in and for Santa Clara County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.  
15.6Severability.  If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
15.7Assignment.  These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Camfess without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
15.8Survival.  Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 6.2, 6.4, 6.5, and 7 through 15. 
15.9Headings.  The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
15.10Entire Agreement.  This is the entire agreement between you and Camfess relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Camfess as set forth in Section  above.
15.11Claims.  YOU AND CAMFESS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CAMFESS SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15.12Disclosures.  The services hereunder are offered by Camfess, Inc., located at: 3215 Falmouth Street, San Jose, CA 95132 and email:  support@camfess.com.  If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
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