Cammunity and its affiliated sites, (the “Website”), is an online, worldwide webcam network. The owners and operators of this Website ("we","us") would like to welcome you. It is important to us that you have the best possible experience while using the Website, and that, when you use this Website, you understand your legal rights and obligations. This terms-of-use agreement (“Agreement”) between you and us governs your use of the Website and the services we offer to you through the Website. The terms of this Agreement apply (1) to the entire contents of this Website (regardless whether you purchase services), (2) to any associated websites that we own or operate and that we grant you access to as part of your registration, and (3) to any email correspondence between you and us. Additional contractual provisions apply to any user broadcasting on this Website, which provisions are included in the Broadcasting Agreement.
Please read this Agreement carefully before using our Website because it is a legally binding agreement between you and us. We ask that you pay special attention to the following provisions: (1) user conduct and chat room rules; (2) disclaimer of warranties; (3) limitation of liability and exclusion of damages; (4) exclusive forum for resolving disputes (section 21); and (5) mandatory arbitration (section 22). Using this Website demonstrates your expressed consent to all of these terms even if you do not read them. If you do not want to accept these terms, you must leave the Website immediately. Browsers of the site who have not signed up as Members are bound by these terms if they have viewed the site, and continue to access or navigate the site. If you violate any of these terms, we may cancel your registration to the Website, and may pursue additional legal remedies. We may revise these terms on one or more occasions by updating this webpage as discussed below in Section 25. We will deem your continued use of the Website after we post the changes as your acceptance of the changes. If you do not agree to any future changes, please leave this Website.
- 1 Description of Service; Age of Majority; and Legal Certifications
- 2 Limited License to Use the Website
- 3 Registration
- 4 Cancellation
- 5 Suggestions
- 6 Third-Party Links
- 7 Intellectual Property Rights
- 8 User Conduct; Chat Room Rules
- 9 User Submissions
- 11 Modifications and Interruption to Service
- 12 Warranty Disclaimers
- 13 Release and Disclaimer of Liability
- 14 Limitation of Liability and Exclusion of Damages
- 15 Scope of Disclaimers
- 16 Loss Payment (also known as Indemnification)
- 17 Limited Time to Bring Claims
- 18 Compliance with Laws
- 19 Governing Law
- 20 Place for Resolving Disputes
- 21 Dispute Resolution; Exception for Small Claims
- 22 Class Action Waiver
- 23 Rights to Injunctive Relief
- 24 General Provisions
- 25 No Agency Relationship
- 26 Incorporated Terms
- 27 Usages
- 28 Notices
Description of Service; Age of Majority; and Legal Certifications
- This Website provides online interactive video, audio, and live content primarily posted by third parties. Access and membership to the Website is free of charge. The only time we will charge you is if you purchase tokens for use on the Website, which is optional.
- By accessing the Website or purchasing services, you certify to us that:
- You have the legal capacity to agree to these terms and enter into this Agreement;
- If purchasing services, you own or have legal access to the payment method used in connection with your membership account and/or the relevant purchase, and have authorized us (or our third party payment processing agent) to charge the selected payment method in accordance with the amount of your purchase;
Limited License to Use the Website
- We grant you a limited, nonexclusive, nontransferable license to access the Website and its content according to these terms.
- By “access,” we mean visit the Website, use its services, and view its content.
- By “content,” we mean any materials, including text, communications, images, sounds, streams, videos, profiles, software, data, or other information.
- You must comply—and you agree to comply—with all applicable laws when accessing the Website. We reserve the right to change, limit, or cancel your access if you fail to comply with the terms of this Agreement.
- You may only access the Website for your personal, noncommercial use. You will not use any content that you access on the Website for further distribution, performance, display, sale, or rental. You will not record any content, or make any content available on any peer-to-peer network, file sharing service, or other system used for mass transmittal of digital material to others. You acknowledge that recording and displaying content disseminated on this Website violates intellectual property laws, which carry substantial penalties and fines. Finally, you will not solicit any users to use or participate in the services of any third party website(s) providing the same or similar services as this Website. Doing any of this may subject you to immediate civil and criminal liability—we reserve the right to pursue legal action against anyone engaging in commercial solicitations on this Website.
- Username and Password. To fully access the Website, you must register an account by creating a unique username and password. You must keep your username and password confidential; we will hold you responsible for all activity initiated under your account. You will not allow anyone under 18-years old, or who has not reached the age of majority in your jurisdiction, to use your credentials to access the Website. If we discover that you have done this, we may immediately cancel your access to the Website without advance notice. Please contact us immediately if you know or suspect that someone is using your username or password without your authorization. You will need to give us all information you have about the unauthorized use and cooperate fully with us in investigating the matter. We may request that you adopt additional security procedures when accessing the Website in the future to prevent further unauthorized use.
- No Account Sharing. Your account credentials are for your personal use only. You will not share access to your account with anyone else. We cannot allow multiple persons to use the same account, and the Website utilizes several techniques to detect such unauthorized account use. If we discover that multiple persons are using password single account, we may suspend the relevant account, or otherwise block your access to the Website without notice. In appropriate cases, we may transmit new account credentials to you, unless we determine that you are responsible for the unauthorized sharing. We are not responsible for, and will not refund any charge because of any down time or inability to access the Website that you experience because of the username or password change.
- Tokens; Foreign Transaction Fees; Promotional Credits;
- Tokens. Eligible members of this website may purchase tokens. You can spend tokens on private shows, group shows, spy shows, and tips. Tokens have no cash value and are for entertainment purposes only. Unused tokens are not eligible for any full or partial refunds, except in cases following our Refund Policy.
- Reservation of Right to Charge Additional Fees. We reserve the right to charge additional fees for access to the Website, or any of its features or services, and to change our fee structure at our discretion.
- Foreign transaction & similar fees. We may use credit card processors or banks outside the United States to process your transactions. In some instances, your bank or credit card issuer may charge you a foreign transaction or similar fee or charge. In addition, if you are outside of the United States or making a purchase in a currency other than U.S. Dollars, the payment processor may add a surcharge for the currency conversion. Before purchasing any services, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction and similar fees and charges.
- Billing and Payment. Unless otherwise specified, all purchases are one-time charges, meaning we will never charge you again for the same purchase. We do not use recurring charges. We will bill you using the billing method you selected when you made your purchase. You authorize our third party payment-processing agent or us to make these charges using your selected billing method. For payment by credit or debit card, you must ensure that all your credit or debit card information is current and accurate.
- Billing Providers. The Website may use multiple billing providers to process payment transactions. Neither the billing providers nor any person or company related to the billing providers hold any ownership interest in this Website, nor receives any financial benefit from this Website, other than a fee paid by the owner of this Website to the billing provider for the services performed by the billing provider. The billing provider has no control over the Website, or any of the design, layout, content, subject matter, products, services, or persons that appear on or that are linked to the Website, or the geographical areas into which the Website may disseminate, broadcast, or permit the downloading of or access to the content or services offered by the Website.
- Billing Errors. If you become aware of any errors in billing, please notify us promptly. You release us from all liability for any error you do not report to us within 30 days after you receive the bill in which the error first appeared. We will work with our third party credit card processors to ensure proper billing and correction of errors brought to our attention.
- Refunds. Our full refund policy can be found here: Refund Policy; and is incorporated by reference.
- Your Right to Cancel. If you would like your account canceled, you may delete your account through the “My Account” page. Please understand that if you are a premium member, you will lose your lifetime premium membership if you delete your account. If you need help or have any questions, please Contact Support.
- Our Right to Cancel. We may cancel your account, or suspend or terminate your access to the Website at any time, for any reason. If your credit card provider seeks return of any previous charges, we reserve the right to seek reimbursement from you for such charges, as well as any additional costs incurred by us in doing so.
We appreciate and welcome any suggestions that you may have to improve the Website. You may send us any suggestions using our Contact Support page. You agree that we can use any idea or suggestion you give to us royalty-free, worldwide, assignable, and in perpetuity without any attribution or compensation to you. We have no obligation to keep any suggestion you submit to us confidential, regardless of any contrary notations in transmissions to us.
- This Website may contain links to other websites operated by other entities that are completely independent from us. These linked websites are not under our control and we are not responsible for their contents or links. Including a link on this Website does not imply our endorsement of any linked website or its contents. You assume the risk of accessing any third party site that might be linked to the Website.
- If you access any of these linked websites, you will leave this Website. If you decide to visit any linked website, you do so at your own risk and subject to any user agreements policies posted on, or governing the use or access of such websites. We encourage you to review the user agreements and policies posted on all linked websites. Regardless, it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
- We disclaim any liability (direct or indirect) to you for any loss caused by your use or reliance on the content, goods, or services available on or through any linked website, including third-party feeds from other cam websites. You should contact the website administrator or webmaster for those third-party websites if you have any concerns regarding the links, content, or services on those websites.
Intellectual Property Rights
- We own or have the license/permission to use all text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork, and computer code, including the design, structure, selection, coordination, expression, “look and feel,” and the arrangement of this content, contained on this Website. Trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws protect the Website and its content. The terms "CAMMUNITY" and “CAMMUNITY.COM” are pending trademarks with the United States Patent and Trademark Office and may not be used except as expressly authorized by us. We aggressively protect our intellectual property rights.
- You may only access the Website or its content according to these terms and any specialty content terms. You will not make any other use of the Website or its content, including by copying, modifying, accessing, distributing, or performing any content. You will not reproduce, imitate, or use the Website’s trademarks in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Website. If you do any of this, your actions may constitute an infringement of our rights or the rights of third parties, and can result in termination of this Agreement.
- We neither endorse nor recommend the owner of any third party trademarks we display on the Website. In addition, our use of trademarks or links to websites owned by third parties does not imply, directly or indirectly, that those owners endorse or have any affiliation with this Website.
- We respect the intellectual property rights of all parties, and have adopted a policy regarding termination of repeat copyright infringers under the Digital Millennium Copyright Act. Copies of Our Repeat Infringer Policy are available on request to our customers or subscribers.
User Conduct; Chat Room Rules
- You state that all information you provided to us is accurate and current. You will promptly update this information when necessary to ensure that it remains true. You acknowledge that you have the capacity to consent to these terms and to perform the acts required of you under this Agreement.
- As a condition of your use of the Website:
- You will maintain the security of your username and password, along with any other account credentials issued by us, and be fully responsible for all use of your account;
- You will comply with all applicable laws and regulations of any applicable governmental body;
- You will not use the Website for any unlawful purpose or in any way that is prohibited by this Agreement;
- You will not use the Website in any way that exposes us to criminal or civil liability;
- You will not “stalk” or otherwise harass anyone on the Website, including using language that could be deemed offensive or is likely to harass, upset, intimidate, embarrass, alarm, or annoy any other person or group of persons;
- You will not use the Website to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, or illegal material to any other user of this Website;
- You will not use the Website to post or send material that is obscene or otherwise may offend human dignity;
- You will not use the Website for making, obtaining, or otherwise accessing illegal copies of copyrighted content;
- You will not use or attempt to use any other member’s account on the Website without permission;
- You will not use any automated means—including robots, crawlers, or data mining tools—to download, monitor, scrape, or use data or content from the Website;
- You will not use the Website to collect usernames or email addresses for sending unsolicited messages of any kind;
- You will not take any action that imposes, or may impose, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it;
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information you transmit;
- You will not disable, circumvent, or otherwise interfere with security related features of the Website, features that prevent or restrict use or copying of any content, or features that enforce limitations on the use of the Website or the content on it;
- You will not post, link to, or otherwise make available on the Website any content that contains software viruses or any computer code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment;
- You will not commercially exploit or make available the Website or its content to a third party;
- You will not “frame” or “mirror” the Website;
- You will not seek to avoid acceptance or rejection of our online agreements;
- You will not reverse engineer any part of the Website; and,
- You will not publicly reveal any personally identifying information about any user on this Website.
- You will not use the Website to promote, facilitate, or engage in any form of human trafficking.
- You are entirely responsible and liable for all activities conducted through your account when interacting with others on the Website. You will not post any content that is infringing, defamatory, obscene, lewd, violent, harassing, invasive of privacy rights, unlawful, or otherwise just plain nasty. Please use your best judgment and respect other individuals using the chat/interactive features of this Website. Remember, because of the anonymous nature of the Internet, participants may not be who they say they are, know what they say they know, or be affiliated with whom they say they are affiliated. You will not use vulgar, abusive, or hateful language at any time. If we find out that you have, we reserve the right to block you from accessing this Website and hold you responsible. The following are some—though not all—of the violations that may result in our terminating your access to the Website. You will not do any of the following actions while using the chat room (including private chat), or while otherwise communicating with others on or through the Website:
- Harass, threaten, embarrass, or cause distress or discomfort to another chat room participant, user, or other individual or entity;
- Transmit via any communication feature offered by the Website any information, data, text, files, links, software, communication, or other materials that we reasonably consider to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, indecent, obscene, pornographic, hateful, or racially, ethnically, or otherwise objectionable;
- Cause any chat room screen to “scroll” faster than other users are able to type to it or any action to a similar disruptive effect;
- Record or distribute any content found on this Website;
- Post private or personal information of other users;
- Impersonate any person;
- Request money from, or otherwise defraud, other users of the Website;
- Engage in sexual activity with another person while sharing a webcam stream;
- Allow anyone under 18-years old on camera at any time;
- Allow anyone other than the account owner on camera;
- Discuss illegal activity or post links to other websites that deal with those activities;
- Disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other participants;
- Intentionally or unintentionally violate any applicable local, state, national, or international law, including any regulations having the force of law while using or accessing chat room or in connection with your use of chat room in any manner;
- Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the chat room; or
- Engage in antisocial, disruptive, or destructive behavior, including “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
- We do not endorse the opinions expressed in any user-generated content posted on this Website. We do not and cannot review every posting by users made available on this Website. Nor are we responsible for the content of any posting. We do reserve the right to monitor and delete any information or postings we deem inconsistent with these terms. If you are aware of any information posted that violates these terms, please Contact Support. Please provide as much detail as possible, including a copy of the objectionable information or the location where we may find it, the reason we should remove it, and a statement certifying the accuracy of the information you provided to us.
- We reserve the right to take appropriate action against you for any unauthorized use of the Website, including civil, criminal, injunctive relief, and cancellation of your membership. An unauthorized use of the Website and our computer systems violates these terms and certain international, foreign, and domestic laws, including the Computer Fraud and Abuse Act.
- Members are strictly prohibited from sharing other users' personally identifying information, personal contact information, geographic location, and soliciting users for the purposes of unlawful acts, whether sexual, or otherwise. Any such actions, or attempt at such actions, will be deemed a violation of this Agreement and may be grounds for immediate account termination of any and all involved parties.
- Member Webcam Broadcast Warning: Please note that while we permit members to broadcast their webcams, you voluntarily assume all risks associated with such actions. Viewers may be able to illegally record, store, and/or republish your broadcast, or any portion thereof, on the Internet or other media. By broadcasting your webcam, you release the Website from any and all claims arising from such actions, including but not limited to invasion of privacy, defamation, and/or intellectual property infringement.
- Fraud and Scam Warning: While we take efforts to prevent our services from being used for any fraudulent purposes, we specifically and emphatically warn members never to send money to anyone that they interact with on the Website, other than through Tokens. The Website has no way of determining the validity of any communication that you may receive from another user, and cannot discern the validity of the person or intentions behind such communication. It is a violation of Website’s policy to solicit money from or to send money to any user on the Website. It is your responsibility to inform us of any request for money or any correspondence received from another user involving a financial transaction. While we are not obligated to investigate any such report, we may do so in our sole discretion.
- You expressly understand and agree that if any user that you are in communication with on this Website requests money from you for travel assistance, medical assistance, subsistence or for any other reason, it is likely a scam or a fraudulent scheme and you are at a very high risk of being defrauded. You will report such request along with the username of the requesting user immediately via the Contact Support page.
- For each submission you make to the Website, you certify to us that:
- You own or retain the necessary right to use and authorize us to use all copyrights, trademarks, trade secrets, patents, or other proprietary rights in and to the submission to enable inclusion and use of the submission in the manner contemplated by the Website and these terms;
- You will not post any content depicting any person under 18-years old;
- You have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submission are in fact 18-years old or older; and
- You have the written consent or release of each identifiable person in the submission to use their name or likeness to enable inclusion and use of the submission in the manner contemplated by the Website and these terms.
- You retain all of your ownership rights in your submissions. However, you grant us a worldwide, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submissions for the Website and our (and our successor’s) business, including for promoting and redistributing any part of the Website (and derivative works of it) in any media formats and through any media channels. This license shall include, but is not limited to, the right to copy and transfer your entire profile, or portions thereof, and all its content, including text, pictures, photographs, personal description, and any contact information, to any affiliate or related or partner sites of ours and to post such content on different pages of the Website at our sole discretion. We shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by Us in writing or required by law. You are solely responsible for your submissions and the consequences of posting them to the Website. You will not submit to the Website any content:
- That is copyrighted, trademarked, patented, protected by trade secret, or otherwise subject to third party proprietary rights—including privacy and publicity rights—unless you are the owner of the rights or have permission from the rightful owner to post the content and to grant us all of the license rights granted in section 10.2 above;
- That publishes falsehoods or misrepresentations that could damage us or any third party;
- That is illegal, unlawful, threatening, defamatory, obscene, seditious, offensive, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, portrays individuals in a “false light” or may cause annoyance or inconvenience;
- That constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise be contrary to the law of or violate the rights of any third party in any jurisdiction in the world;
- That constitutes advertisements or solicitations of business;
- That impersonates another person; or
- That is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data).
- We have no responsibility for, we do not endorse (expressly or implicitly), and we expressly disclaim all liability for any user-generated content submitted to the Website. We do not permit copyright infringing activities or infringement of other intellectual property rights on the Website, and we will remove all content and submissions if properly notified that the content or submission infringes on another’s intellectual property rights. We reserve the right to remove content and submissions without advance notice or delay. We also reserve the right to terminate a user’s access to the Website, in accordance with our Repeat Infringer Policy, if we determine the user is an infringer. While we accept erotic and sexually explicit content, we reserve the right to decide if the content or submission is appropriate and otherwise complies with these terms. We may remove submission or terminate a user’s access for uploading content that violates these terms at any time without prior notice.
- You understand that the content displayed on the Website is primarily posted by users and that we do not pre-screen or preemptively monitor the content. Thus, you understand that when accessing the Website, you may be exposed to submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights for these submissions. You further understand that you may be exposed to submissions that are inaccurate, offensive, illegal, indecent, obscene, or objectionable, and you waive any rights or remedies you have or may have against us for this exposure. We may refuse to publish, remove, or block access to any submission that is available through the Website or our network or services without notice.
- We provide this Website as an entertainment service to our users. We assume no responsibility for monitoring the Website for inappropriate content or conduct. If we choose to monitor the Website, we assume (1) no responsibility for the content, (2) no obligation to modify or remove any inappropriate content, and (3) no responsibility for the conduct of the user submitting that content. We may review and delete any submissions that violates these terms or that may be otherwise offensive or illegal. We may also review and delete any submissions that harm or threatens the safety of any user or person not associated with the Website, or that otherwise violates another person’s rights. You are solely responsible for the submissions that you make to the Website and for any other material or information that you transmit or share with other users or unrelated persons through the Website.
- We will fully cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity or location of anyone posting content in breach of these terms, in accordance with our privacy policies, subpoena compliance policies, and applicable law or regulation.
- We may use software that automatically tracks performance, geographic location, and usage information to evaluate the Website.
Modifications and Interruption to Service
- You acknowledge that we do not guarantee continuous, uninterrupted, or secure access to this Website and numerous factors or circumstances outside of our control may interfere with or adversely affect our operation of this Website. Nor do we guarantee that you will be able to access or use all parts of this Website, and specifically, we do not guarantee the availability of recorded private shows and chat conversations. All features or benefits of this website, including Archives, may become permanently inaccessible. You understand that we will have no liability to you for any inaccessibility, including liability to issue a refund or any other transaction reversal because of inaccessibility.
- We may suspend access to this Website temporarily and without notice for system failure, maintenance or repair, or reasons beyond our control.
- We may immediately suspend, terminate, or block your access to this Website if we reasonably believe that you have violated these terms.
- We reserve the right to modify or discontinue this Website with or without notice to you. If we do, we will not be liable to you or any third party if we exercise our right to modify or discontinue the Website.
- We provide you access to this Website and its content “as is,” “with all faults,” and “as available.” You assume the entire risk for satisfactory quality, performance, accuracy, and effort. We make no warranty that the Website or any content will meet your needs or requirements. We disclaim all warranties—express, statutory, or implied—including warranties of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to the Website will be uninterrupted, error-free, or that content loss will not occur, to the greatest extent provided by applicable law. There are no warranties of any kind that extend beyond the face of these terms or that arise because of course of performance, course of dealing, or usage of trade.
- We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by another person through the Website or any linked website, or featured in any banner or other advertising. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
- The Website may contain errors, omissions, inaccuracies, or outdated information. We do not warrant the reliability of any statement or other information displayed or distributed through the Website. We reserve the right to correct any errors or omissions in any portion of the Website. If you believe you have found errors or omissions on the Website, please bring them to our attention via the Contact Support page.
Release and Disclaimer of Liability
- You acknowledge that we will not be liable to you for user submissions or the defamatory, offensive, or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of user submissions or the conduct of any person.
- You further discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of the Website including, but not limited to claims relating to the following: Sexual Harassment, Negligence, Gross Negligence, Reckless Conduct, Alienation of Affections (to the extent recognized in any jurisdiction), Intentional Infliction of Emotional Distress, Intentional Interference with Contract or Advantageous Business Relationship, Defamation, Privacy, Publicity, Intellectual Property, Statutory Rape, Misrepresentation, any financial loss not due to the fault of the Site, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of the Site, unavailability of the Site, its functions and/or services and any other technical failure that may result in inaccessibility to the Site, or any claim based on Vicarious Liability for Torts committed by individuals met on or through the Site and Services, including but not limited to fraud, theft or misuse of personal information, assault, battery, stalking, rape, theft, cheating, perjury, manslaughter, or murder.
- The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in favor of us, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.
- We expressly disclaim any liability or responsibility to you for any of the following:
- Errors, mistakes, or inaccuracies of content;
- Personal injury or property damage of any nature resulting from your access to and use of the Website;
- Any information, comments, or material you receive that is infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal;
- Any third party’s unauthorized access to or alterations of your account, transmissions, or data;
- Any interruption or cessation of transmission to or from the Website;
- Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Website by any person;
- Any incompatibility between the Website and your other services, hardware, or software;
- Any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions with the Website; or
- Any loss or damage of any kind incurred because of the use of any content posted, emailed, transmitted, or otherwise made available through the Website.
Limitation of Liability and Exclusion of Damages
- Unless caused by our gross negligence or willful and wanton misconduct, we limit our total liability to you for any claims arising from these terms or your access to the Website solely to your incidental and direct damages, if any. However, our total liability to you will not exceed the lesser of $250 USD or the total amount you paid us during the 12-month period before you made your claim. Recovery of these damages will be your sole and exclusive remedy. We disclaim any liability for any other damages of any kind arising out of these terms or your access to the Website.
- Unless caused by the other’s gross negligence or willful and wanton misconduct, neither party will be liable to the other party for any special, indirect, incidental, consequential, exemplary, or punitive damages arising out of these terms or the Website. This exclusion applies even if the other party knew or should have known about the possibility of the damages.
- The mutual exclusion of special, indirect, incidental, consequential, exemplary, or punitive damages is independent of your exclusive remedy and survives even if your exclusive remedy fails of its essential purpose or a court or tribunal of competent jurisdiction otherwise deems your exclusive remedy unenforceable.
- The limitations and exclusions in this section apply regardless of the theory of liability asserted, whether strict liability, breach of warranty (express or implied), breach of contract, tort, or any other legal theory.
Scope of Disclaimers
The disclaimers, exclusions, and limitations contained in sections 13, 14, and 15 apply to the maximum extent permitted by applicable law, but no more. They are not intended to deprive you of any mandatory protections provided to you under applicable law. Because some jurisdictions may prohibit the exclusion or limitation of certain warranties, liability for consequential damages, or other matters, some or all of the disclaimers, exclusions, or limitations may not apply to you. It is your responsibility to determine the extent of which sections 13, 14, and 15 may be applied to you. Please note that nothing in this Agreement is intended to benefit any particular third party, and only the parties hereto shall have standing to enforce any term of this Agreement.
Loss Payment (also known as Indemnification)
- In General. You must pay us for any loss of ours that you caused by your negligence, intentional misconduct, or violation of these terms. But you need not pay us for a loss caused by our gross negligence or intentional misconduct.
- Loss means a monetary amount that we are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can arise from a tangible or intangible detriment; from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory or recovery; and includes incidental, direct, and consequential damages.
- A loss is caused by an event if the loss would not have occurred without the event, even if the event is not a proximate cause of the loss.
- Legal Defense of a Claim. We have control over defending a claim for a loss (including settling it), unless we direct you to control the defense. We reserve the right to select legal counsel of our choice, for any claims subject to indemnification. You and we must cooperate with each other in good faith on a claim.
- No Exclusivity. Our rights under this section do not affect other rights we might have.
Limited Time to Bring Claims
A party to these terms must bring any claim that party may have against the other party that arises out of these terms or the Website within 1 year after the claim arises. If a party fails to bring any claim that party may have against the other party within this 1-year period, the claim is permanently barred.
Compliance with Laws
You understand that we make no representation that the content available on this Website is appropriate or available for use in any particular locations. You assume all knowledge of applicable law and are responsible for compliance with these laws.
Illinois law exclusively governs these terms without regard for any choice-of-law rules that might direct the application of the laws of any other jurisdiction. The predominant purpose of these terms is providing services and licensing access to intellectual property and not a “sale of goods.”
Place for Resolving Disputes
- Except for disputes subject to arbitration, all disputes arising under these terms or regarding the Website will be subject to the exclusive jurisdiction and venue of the courts in the State of Illinois, United States of America. The parties submit to the personal jurisdiction of the courts in Cook County, Illinois to resolve all disputes not subject to arbitration. The parties agree that the exclusive venue and forum to resolve all disputes not subject to arbitration will be in the courts in Cook County, Illinois, and waive any right to seek another venue because of improper or inconvenient forum.
- The parties agree that the Website will be deemed to be based in the State of Illinois, United States of America, and that the Website will be further deemed a passive online service provider that does not give rise to personal jurisdiction over the Website, either specific or general, in any other jurisdiction.
Dispute Resolution; Exception for Small Claims
- In General. Each party will allow the other reasonable opportunity to comply before it claims that the other has not met the obligations under these terms. The parties will attempt in good faith to resolve all disputes, disagreements, or claims between the parties relating to these terms.
- Litigation Election. Either party may elect to litigate, as permitted within the terms of this Agreement, the following type of case or controversy: (a) an action seeking equitable relief; (b) any claim that meets the jurisdictional requirements for small claims court; or (c) a suit to compel compliance with this dispute resolution process. The Website may elect to litigate billing or payment disputes or collection matters.
- Mediation. The parties may optionally seek to compel each other to engage in non-binding mediation as a first alternative to arbitration or litigation. In such case, each party will bear their own costs in mediation and the parties will share equally between them all third-party mediation costs unless the parties otherwise agree in a writing signed by the party agreeing to bear the costs. The mediation will occur in Cook County, Illinois, unless otherwise agreed by the parties.
- Arbitration. Within 30 days after the conclusion of any optional mediation, the parties will submit all unresolved disputes arising out of these terms—including any dispute about the existence, validity, or termination of these terms—to binding arbitration by a single arbitrator with a professional arbitration service acceptable to the parties. If the parties cannot agree on an arbitration service, the arbitration will take place under the American Arbitration Association Commercial Arbitration Rules and Mediation Procedures. The parties will bear equally the costs of the arbitration, including the fees and expenses of the arbitrator; each party will bear the costs associated with its case. The arbitration will take place in Illinois. The arbitration will be confidential. This section and the arbitrator’s authority to grant relief are subject to (1) the Federal Arbitration Act, 9 U.S.C. §§ 1–16, et seq.; (2) the provisions of this agreement; and (3) the American Arbitration Association Code of Ethics for Arbitrators in Commercial Disputes. The arbitrator may not award punitive or exemplary damages, or damages otherwise limited or excluded in this agreement, and the arbitrator’s decision will be final and binding. Any court of competent jurisdiction may confirm and enforce the arbitrator’s award. The Federal Arbitration Act will govern any post-award proceedings.
- Waiver of Jury Trial. Both parties agree that as part of their consideration for these terms, they waive the right to a trial by jury for any dispute arising between the parties related to the subject matter of these terms. The parties further agree that this waiver will be enforceable up to and including the day that trial is to start, and even if the arbitration provisions of this section are waived.
Class Action Waiver
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the advanced written consent of all parties to all affected arbitrations or proceedings.
Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation if the other party violates these terms, and that an aggrieved party may seek injunctive relief if a violation occurs, in addition to seeking all other remedies available at law or in equity.
- Copy of these Terms. You may—and we recommend that you—print these terms on your printer or save them to your computer. If you are having trouble printing a copy or saving them to your computer, please Contact Support and we will email you a copy of this Agreement in its entirety.
- Modifications. We may modify the terms of this Agreement on one or more occasions. Changes will become effective on the effective date noted at the top of the modified terms. It is your responsibility periodically to check the Website to review the most current terms. While we will try to notify of any changes to these terms, we do not assume an obligation to do so. By continuing to use the Website after we post changes to this Agreement, the modified terms will bind you even if you have not actually read them. If you do not agree to the changes, your exclusive remedy is to stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please Contact Support.
- Assignment and Delegation. We may assign any rights or delegate any performance under this Agreement without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.
- Waiver. If we do not enforce any right or provision in this Agreement, that is not to be deemed a waiver of our right to do so in the future.
- Severability. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.
- Cumulative Remedies. All rights and remedies provided in these terms are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
- Successors and Assigns. These terms inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these terms.
- Force Majeure. We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including:
- Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
- War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
- Fiber cuts;
- Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;
- Failure of the telecommunications or information services infrastructure; and
- Hacking, SPAM, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance.
- Expenses and Costs of Enforcement. If a court or tribunal of competent jurisdiction determines that a party violated these terms, the breaching party will reimburse the non-breaching party for all actual costs and reasonable attorney fees incurred in enforcing this Agreement. This provision shall be enforced in accordance with Sections 13, 14, and 15 of this Agreement.
- Sending Notice to Us. You may send notice to us by using the Contact Support page. We will consider an electronic notice received by us only when our server receives your message. We may change our contact information by posting the change on the Website. Please check the customer support area of the Website for the most current information for sending notice to us.
- Sending Notice to You—Electronic Notice. You consent to receiving any notice from us in electronic form either: (1) by sending email to the email address you specified when you signed up; or (2) by posting the notice on a location on the Website designated for this purpose. We will deem notices sent to you by email received when our email service indicates transmission to your email address. You confirm that the email address you specified when you signed up is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email message you receive. You may change this consent and request paper notice by normal postal delivery, but if you do, we may cancel your membership because of the increased costs. If we do agree to send postal notice, we may collect the reasonable cost and postage for sending postal notice.
- Authorization and Permission to Send Emails to You. You authorize us to email you notices, advertisements, and other communications to you, including emails, advertisements, notices, and other communications containing adult oriented material, sexual content and language, and images of nudity not suitable for minors. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not SPAM as that term is defined under the law.
- Electronic Signatures. You agree to be bound by any affirmation, assent, or agreement you transmit through this Website. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” “check box” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your hand-written signature.
- English language. We have written this Agreement and our associated Website policies in the English language. You are representing your understanding and assent to the English language version of this Agreement as it is published. We are not liable to you or any third party for any costs or expenses incurred in translating this Agreement. In the event that you choose to translate this Agreement, you do so at your own risk, as only the English language version is binding.
- Section 230 Notice: You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such content, and You agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors' access to harmful or inappropriate material. Pursuant to 47 U.S.C. §230(d), You are hereby informed that You can research such services by searching for "internet filter" or "parental control" at http://www.google.com, among others. Please note that We make no representation or warranty regarding any of the products or services referenced on such sites, and We recommend that You conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing Our Site or the content received via Our Services if Your computer or mobile device can be accessed by a minor. Finally, You agree that if You are a parent or guardian of a minor child, it is Your responsibility, not Ours, to keep any age-restricted content on Our Site or Services from being displayed or accessed by Your children or wards.
- Pursuant to the Communications Decency Act (“CDA”), 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that we operate as the provider of an interactive computer service. Thus, we are immune from, and cannot be held responsible for, claims arising from the publication or transmission of your content as well as the content of other Users and third parties. We do not create such content, and we are not responsible for the publication of remarks or communications of third-parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows is to remove or block any content found to be offensive, defamatory, obscene or otherwise violative of our policies, without impacting our status as the provider of an interactive computer service. Nothing contained in this Agreement is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act, and no third parties are intended to benefit from this Agreement between you and us.
No Agency Relationship
Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
The terms set forth in the following links are incorporated herein by reference, and made part of this agreement as if fully set forth herein:
In the event of any conflict between the terms on the above-referenced links and this Agreement, the latter shall control.
In these terms, unless otherwise stated or the context otherwise requires, the following usages will apply:
- References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
- References to numbered sections in these terms also refer to all included sections. For example, references to section 6 also refer to sections 6.1, 6.1(A), etc.
- In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”
- References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
- “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
- “Including” means “including, but not limited to.”
We may serve you notice by sending an e-mail to your e-mail address on your account.
You may serve us notice by sending an e-mail to the address shown on the Contact Support page.