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Terms and Conditions and Privacy Policy

This User Agreement (the "Agreement") describes the terms on which OnlineCamera.com ("OnlineCamera") offers you the right to use the content on the OnlineCamera.com web site ("OnlineCamera.com"). TO USE THE ONLINECAMERA.COM WEB SITE YOU MUST ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you have any questions about this Agreement, please contact us.

Amendment and Addenda

OnlineCamera may amend this Agreement at any time by informing you of the amended terms via email to your email address. Such amendments will be effective when OnlineCamera emails a notice of the revisions to you. Alternatively or additionally, OnlineCamera may display amended terms to you when you visit OnlineCamera.com, in which case such terms shall be effective when posted by OnlineCamera.

In addition, OnlineCamera may offer you additional rights or services via addenda to this Agreement, which shall amend this Agreement if you choose to accept such terms.

Submission of Content

Definition: OnlineCamera allows you to provide content (including without limitation text, data, photos, graphics) to OnlineCamera in a number of forms, such as links to webcam sites and services, information and email messages. Collectively, the content you provide to OnlineCamera is defined as your "Content."

License: You retain all ownership rights to your Content. However, by submitting Content to OnlineCamera.com, you grant to OnlineCamera a license to (a) display your Content online and offline and permit others to do the same, and (b) display "teaser" portions of your Content online or offline and permit others to do the same.

Removal of Content

At any time, without further notice, OnlineCamera may restrict your ability to add content. Please note that, irrespective of the foregoing, OnlineCamera may not be able to propagate changes you make to Content to the corresponding version being displayed somewhere other than on OnlineCamera.com.

Standards

You agree not to provide any Content to OnlineCamera that (a) infringes any third-party intellectual property or publicity/privacy rights, (b) violates any applicable law or regulation, (c) is defamatory, obscene or child pornographic, (d) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or (e) is otherwise tortuous or criminal.

Content Filtering

OnlineCamera believes that users should decide what content should appear on OnlineCamera.com and how it should be displayed. In general, OnlineCamera does not make editorial determinations about what Content you may or may not display on OnlineCamera.com, however, OnlineCamera permits others to make judgments about your Content that may affect the display of your Content. Further, OnlineCamera may choose to use automated software filters that may prevent you from uploading your Content or may affect its display. Finally, OnlineCamera may take any actions that it deems necessary or appropriate to minimize its liability from your Content or to preserve OnlineCamera’s relationships with its service providers, vendors, customers, or other members (such as its Internet access providers, advertisers, sponsors, etc).

Adult Content

The OnlineCamera site consists of a directory of webcams supplied by our users. Our systems are designed to separate any adult content from non-adult content; however, this categorization is done by the submitter. OnlineCamera uses best efforts to verify that sites are in their proper categories, and that any site classified by the submitter as (or otherwise obviously) adult in nature is only available in the Adult categories of the OnlineCamera directory. If you find a site that is not properly categorized, and is adult in nature you are obligated by this agreement to report the site immediately to OnlineCamera by contacting us with the title of the site and the category you found it in. OnlineCamera exercises no control, and indeed cannot exercise any control, over what a 3rd party website or webcam broadcasts. Parents or people concerned about viewing such content should not use the OnlineCamera site. If you have registered and wish to be removed from our systems please contact us with your OnlineCamera username. You must provide the email address from which you registered. We will promptly disable your account.

Other Filtering

Parental control protections (such as computer hardware, software and filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning about these protections, information may be obtained from http://www.worldvillage.com/wv/school/html/control.htm or other sources.

Your Identity

You may not (a) provide incomplete or inaccurate registration information, (b) fail to update your registration information if it changes, (c) select a Member ID deliberately intended to mislead others about your identity or that infringes a third party's intellectual property rights, or (d) select a photo to identify yourself that deliberately misleads others about your identity. You may not share your account (or the associated password) with anyone else. OnlineCamera will assume that all activities made using your Member ID and password are authorized by you; thus, if for any reason you suspect that your password has been compromised, you should contact OnlineCamera at once.

Privacy

Because your privacy is very important to OnlineCamera, OnlineCamera.com offers you a number of choices to facilitate decisions about how you'd like OnlineCamera to use and disclose your personal information. By accepting this Agreement, you expressly consent to OnlineCamera’s disclosure and use of your personal information (including using email to communicate with you) as described in the then-current Privacy Statement, which is incorporated below.

Privacy Statement

OnlineCamera.com respects your privacyo your confidential information.
The information collected at the time of signup is necessary for us to provide quality service and support. We will not use your personal information for any other purpose and your information will not be distributed to, or shared with third parties unless you explicitly give us permission to do so.

Termination

OnlineCamera may terminate your use of OnlineCamera.com immediately if (a) you breach this Agreement, (b) OnlineCamera is unable to verify any registration information you provide. If you want to terminate your account, please contact us.

No Warranty

ONLINECAMERA.COM AND ITS SERVICES ARE PROVIDED "AS IS," AND ONLINECAMERA AND ITS SUPPLIERS AND CO-BRAND/CONTENT PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, OnlineCamera does not promise or warrant to you that any aspect of the site and system will work properly or will be available continuously. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

Liability Limits

IN NO EVENT SHALL ONLINECAMERA OR ITS SUPPLIERS OR CO-BRAND/CONTENT PARTNERS BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH ONLINECAMERA.COM, ONLINECAMERA’S SERVICES OR THIS AGREEMENT. FURTHER, OTHER THAN FOR THE PAYMENT OF VALIDLY ACCRUED EROYALTIES CREDITS (IF APPLICABLE), IN NO EVENT SHALL ONLINECAMERA OR ITS SUPPLIERS OR CO-BRAND/CONTENT PARTNERS BE LIABLE TO YOU IN AN AMOUNT GREATER THAN $500. Some states do not allow the foregoing limitations of liability, so they may not apply to you.

Governing Law and Arbitration

This Agreement is governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. Any controversy or claim arising out of or relating to this Agreement or OnlineCamera.com shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Mateo County, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The parties may conduct discovery as provided in Sections 1283.05 and 1283.1 of the California Code of Civil Procedure, whether or not the California Arbitration Act is deemed to apply to such arbitration. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by California law. Notwithstanding the foregoing, (a) either party may seek any interim or preliminary relief from a court of competent jurisdiction in San Jose, California as necessary to protect the party's rights or property pending the completion of arbitration, and (b) OnlineCamera at its option may bypass arbitration in the case of any fraud or other crime against it, for violations of Section 9 of this Agreement, or for violations of Section 18 of the Privacy Statement.

Entire Agreement

This Agreement (and any addenda or statements expressly incorporated into this Agreement that you enter into) constitutes the entire agreement, and supersedes the provisions of any other agreements or understandings (oral or written), between the parties with respect to the subject matter of such documents. In the event of any conflict between the terms of this Agreement and an addendum, the provisions of the addendum shall control.

General

You agree to comply with all laws and regulations applicable to your access and use of OnlineCamera.com and your publication of your Content. If any portion of this Agreement is deemed unenforceable, that portion shall be enforced to the maximum extent possible and the remaining portions of the Agreement shall be given full effect. OnlineCamera’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. OnlineCamera shall be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. OnlineCamera may change, remove, or require registration or payment to continue use of, any aspect of OnlineCamera.com at any time without further notice to you. OnlineCamera’s suppliers and co-brand/content partners are third-party beneficiaries of this Agreement. Except as provided in Section 1, this Agreement may be amended only by a writing physically signed by both OnlineCamera and you.

Other Disclosures

OnlineCamera.com is provided by Akromedia, San Jose, California. At present, OnlineCamera does not charge you any fees to use its services (although this may change at any time). However, any expenses (such as hardware, software and Internet access costs) or taxes you incur to access the site shall be your sole responsibility.

For purposes of the Digital Millennium Copyright Act, you may contact OnlineCamera’s agent for service of notice. Please make sure that your notices fully comply with the requirements of such act.

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA, 95814, or by telephone at (800) 952-5210.

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